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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - CONTRACT - BID - 7222 ASPHALT OVERLAY (5)City of Fort Collins Purchasing SPECIFICATIONS 'Wei Financial Services Purchasing Division 215 N. Mason St. 2", Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970,221.6707 fcgov.com/Purchasing CONTRACT DOCUMENTS FOR Asphalt Overlay — 2015 Renewal BID NO. 7222 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 1) Substantial Completion: One Thousand Dollars ($1,000.00) for each calendar day or fraction thereof that expires after the one hundred fifty (150) 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: Six Million Two Hundred Forty Thousand Two Hundred Thirty -Eight Dollars and Eighty -Nine Cents ($6 240,238.89), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. SECTION 01310 CONSTRUCTION SECHDULES 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 or Project Manager, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 5 of 17 SECTION 01310 CONSTRUCTION SECHDULES 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 6 of 17 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for the street and landscaping improvements. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing surveying. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re - staking construction stakes and for the cost of re-establishing a destroyed monument. F. The Contractor shall notify the Engineer prior to concrete removal when property line markers are inscribed in the surface of the existing concrete, typically designated by "+" or "x" markings. The Contractor shall reinstall all existing property line markers in the surface of the new concrete. The Contractor may accurately offset the existing mark for reinstallation or may notify the City Survey Crews and request the offset location prior to removal of the concrete. If markers are removed without offsetting and reinstalling, the Contractor shall be responsible for all costs, including survey costs, associated with relocating and reinstalling the markers. F. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General Requirements - Page 7 of 17 SECTION 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Project Manager will not accept Shop Drawings or other submittals from anyone but Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Project Manager prior to the time set forth in the approved schedule will be reviewed at anytime convenient to Project Manager before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Project Manager'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 Project Manager 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 Project Manager'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. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by Contractor and properly marked by Project Manager, are at the site and available to workmen. F. Do not use Shop Drawings which do not bear Project Manager's mark "NO EXCEPTION TAKEN" in the performance of the Work. Review status designations listed on Project Manager's submittal review stamp are defined as follows: I . 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 Manager's notations. Contractor is to proceed with the Work in accordance with Project Manager'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. Project Manager reviews such submittals for general information but not for substance. General Requirements - Page 8 of 17 SECTION 01340 SHOP DRAWINGS 1.2 SHOP DRAWINGS A. Include the following information as required to define each item proposed to be famished. 1. Detailed installation drawings showing foundation details, and clearances required for construction. 2. Relation to adjacent or critical features of the Work or materials. 3. Field dimensions, clearly identified as such. 4. Applicable standards, such as ASTM or Federal Specification numbers. 5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance characteristics and capacities, and other information specified or necessary: a. For Project Manager to determine that the materials and equipment conform withthe design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment which Project Manager will review for general information but not for substance. c. For Project Manager to determine what supports, anchorages, structural details, connections and services are required for materials and equipment, and the effect on contiguous or related structures, materials and equipment. 6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Project Manager to review the information effectively. B. Manufacturer's standard drawings, schematics and diagrams: 1. Delete information not applicable to the Work. 2. Supplement standard information to provide information specifically applicable to the Work. C. Format. 1. Present in a clear and thorough manner. 2. Minimum sheet size: 8 1/2" x 11". 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings. 7. Clearly identify the following: a. Date of submission. b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended use of item in the work, and equipment designation. e. Identify details by reference to sheet, detail, and schedule or room numbers shown in the Contract Documents. f. Deviations from Contract Documents. g. Revisions on re -submittals. It. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. General Requirements - Page 9 of 17 SECTION 01340 SHOP DRAWINGS 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. Shop Drawings. a. Three (3) copies minimum, two (2) copies which will be retained by Project Manager. 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Project Manager and resubmit until accepted. B. In writing call Project Manager'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 Manager on previous submissions. D. Shop Drawings. 1.Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts. END OF SECTION Gcncml Requirements - Pap 10 of 17 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as required for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete test, except those called for under Submittals thereof. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractors' control system shall specifically include all testing required by the various sections of these Specifications. General Requirements - Page I I of 17 SECTION 01410 TESTING B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inks 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 Gencral Rcquircmcnts - Pagc 12 of 17 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 13 of 17 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 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. 1. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. Gcncral Requircmcnts - Page 14 of 17 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies 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 SECTION 01560 TEMPORARY CONTROLS 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the current "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.6 HAUL ROUTES The City reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION General Requirements - Page 15 of 17 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 and/or Project Manager upon request, one current marked -up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the Project Manager shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page 16 of 17 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including famishing all materials, equipment and tools; and performing all labor and supervision to fully complete the work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTION General Acquirements - Page 17 of 17 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", 2011, and the current Larimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Control of Work 107 Protection and Restoration of Property and Landscape 108 Prosecution and Progress 109 Measurement and Payment 201 Clearing and Grubbing 202 Removal of Structures and Obstructions 203 Excavation and Embankment 208 Erosion Control 210 Reset Structures 306 Reconditioning/Asphalt Recycling 307 Stabilized Subgrade — Class C Fly Ash 401 Plant Mix Pavements 403 Hot Mix Asphalt 403 Hot Mix Asphalt - Patching 420 Geotextile Paving Fabric 627 Pavement Marking 630 Construction Zone Traffic Control Project Specifications —Page t of47 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Subsection 104.04 shall include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic; the street(s) shall be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly show the type of work, date and times that the message on the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., PATCHING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. No Parking signs may be placed, maintained, and removed by a representative of the Contractor, the Traffic Control Supervisor, or a Flagger. All information on the "NO PARKING" signs, with the exception of the type of work, date, and times shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING" signs shall be in effect for one or two days only. In the event the Contractor deems it necessary to remove a vehicle that has not adhered to the "No Parking" notification, the Contractor shall first make every reasonable effort to locate and contact the owner of the vehicle. Should the Contractor be unable to locate the owner of the vehicle, the Contractor should notify the Engineer to arrange for any required towing. If the No Parking sign has been in place for a minimum of 24 hours, then 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 Traffic Control Supervisor Traffic control signage not set up in accordance with the approved traffic control plans Inadequate flagging personnel 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 the Subcontractor, Traffic Control Supervisor and/or flagging personnel be removed from the project. Removal from the project in which the violations were issued shall be in effect for the remainder of the year. The contractor shall find replacement Traffic Control Subcontractor, TCS, and/or flagging personnel within two weeks of the third notice without an adjustment to contract price or working days or the Contract may be terminated and rebid. Project Specifications —Page 2 of 47 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 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 equipment, equipment set up/removallmodification, 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 paid under Revision of Section 630, "Construction Zone Traffic Control. Project Specifications —Page 3 of 47 NO PARKING Wied July 7 7:00 AM m 6:00 PM PATCHING END OF SECTION Project Specifications —Page 4 of 47 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised as follows: AUTHORITY OF THE ENGINEER Subsection 105.01 is hereby amended to include the following: No phase of construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the Owner to stop work. During periods of Traffic Control non- compliance, the Contractor may be assessed $1,000.00 per day, may forfeit payment of work and materials installed, and may lose contract working days as determined by the Owner. The Contractor shall not be entitled to compensation for delays associated with non -compliant periods. COOPERATION BY CONTRACTOR Subsection 105.10 shall include the following: The City of Fort Collins is committed to comply with United States Environmental Protection Agency (EPA) requests and the Streets Department Environmental Management System (EMS) requirements that vehicles on Cityprojects shall comply with the "Anti -Idling Policy"to reduce environmental impacts re/atedto construction. Contractors and Subcontractors shall comply with turning off vehicles and equipment instead of idlingfor long periods (more than thirty (30) seconds after stopping at destination andlor not more than five (5) minutes aggregated within sixty (60) minutes). Exceptions for powering auxiliary equipment and for safety or health emergencies are allowed COOPERATION WITH UTILITIES Subsection 105.11 shall include the following: CityUtilities, Parks, Traffic, Streets, concrete and utility contractors may perform work related to the project within or near the limits of this project. The Contractor shall conduct the Work without interfering or hindering the progress or completion of the work being performed by other contractors. The Contractor shall coordinate extensively with these entities to minimize traffic control and scheduling conflicts, and ensure timely completion of all the work. Reconstruction operations and/or concrete construction at intersections may involve the destruction and replacement of traffic signal loop detectors. The existing traffic signal loop detectors shall be removed by the contractor at no additional cost. New loop detectors may be installed at other intersections where they do not now exist. New and replacement loop detectors will be installed by the City Traffic Division. The Contractor shall cooperate with the schedule of this work to insure the timely installation of new loop detectors. INSPECTION AND TESTING OF WORK Subsection 105.16 shall include the following: The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. Project Specifications —Page 5 of 47 0 REVISION OF SECTION 105 CONTROL OF WORK MAINTENANCE DURING CONSTRUCTION Subsection 105.19 shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area not be cleaned after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as described above. Upon completion of the work, the contractor shall meet with the Engineer to confirm that the cleaning of the job site has been performed to City expectations and contractual obligations. All cost of maintaining the work during construction and before the project is accepted will not be measured and paid for separately, but shall be included in the work. END OF SECTION Project Specifications —Page 6 of 47 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised as follows: Subsection 107.06 shall be amended to include the following: Personnel on Street Maintenance Program (SMP) projects shall use protective equipment prescribed by Local, State, and Federal safety regulations to control or eliminate hazards or exposure to illness or injury. The Contractor and Subcontractors are responsible for providing and insuring the use of the required Personal Protective Equipment (PPE). Only Personal Protective Equipment complying with the Occupational Safety and Health Administration (OSHA) or American National Standards Institute (ANSI) regulations shall be used. The Contractor shall be responsible for the compliance of their employees and the Subcontractor's employees. The Contractor's safety representative shall make regular field inspections to audit and document compliance. An employee of the Contractor or Subcontractor who refuses to use the prescribed protective equipment designed to protect him/her or willfully damages such equipment constitutes cause for the Engineer to request removal of the employee from the site. The Contractor's personnel shall be required to wear safety vests, hard hats, and steel toe boots while on the construction site(s). Subsection 107.12 shall include the following: The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans, details or construction documents shall not relieve the Contractor of his responsibilities as provided for in the Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements which may be subject to such damage by reason of his operations. Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer. If the landscape removal area adjacent to the Street repair is ten (10) inches or less in width, the Contractor shall clean the area of all construction debris (i.e. asphalt, road base, etc.) to a minimum depth of four (4) inches, prepare all edges to be clean and vertical, and place and compact topsoil. The topsoil shall be compacted utilizing a hand operated roller or other method approved by the Engineer. If any portion of the area to be repaired is greater than ten (10") inches in width and greater than 12 inches in length adjacent to the concrete repair, the Contractor shall clean and prepare the area along the entire length of the repair location as stated above to a minimum one foot (1.0') wide, place sod over the prepared area, water once, and notify the property owner in writing of the nature of the work that has taken place. The Contractor shall also notify the property owner of the fact that the sod will be watered only once by the Contractor and provide the property owner the recommended watering schedule suggested by the sod supplier. The Contractor shall make every effort to minimize the need for sod placement. The placement of backfill and top soil for asphalt repair locations shall be completed within two (2) working days of the placement of the final asphalt surface course. Excavated soils from the repair locations may be stockpiled on site and used as backfill for the new AC installation below the top four (4) inches. Topsoil shall consist of loose friable river bottom or farmland loam, reasonably free of manmade materials subsoil, refuse, stumps, roots, rocks, brush, weeds, noxious weed seeds, heavy clay, hard clods, trash, toxic substances, or other material which would be detrimental to the proper development of vegetative growth. Topsoil shall have 100% passing the 1/4" screen and shall contain a combination of sand, clay, and friable loam. The Contractor shall submit a soil analysis or sample for approval by the Engineer. The topsoil shall be in a relatively dry state but shall contain sufficient moisture to allow compaction and shall be Project Specifications —Page 7 of 47 General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: N/A The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 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 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE placed during dry weather. The topsoil shall be fine graded to eliminate rough and low areas and ensure positive drainage. The existing levels, profiles, and contours shall be maintained. Sprinkler systems - Sprinkler systems designated for relocation shall be capped off at the limits of construction and protected from damage by the Contractor. Sprinkler heads shall be salvaged and stockpiled on each property for use when reconstructing the sprinkler systems. Sprinkler systems damaged outside of the construction limits as a result of construction operations shall be replaced at the Contractor's expense within three (3) working days from the date of damage. All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his expense unless a written waiver is obtained from the property owner and submitted to the Engineer. Re -sodded lawns shall be watered once by the Contractor. All costs for protecting and restoring landscaping and lawns 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 protection and restoration of landscaping and lawns. All restoration of landscaping and lawns damaged by construction operations shall take place within three (3) working days from the date of damage. In areas where the Engineer directs new work or the reconstruction area requires grade adjustment, the placement of topsoil, sod, and sprinkler relocation will be provided by the City under separate contract All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground facilities shall be considered incidental to the Work and shall not be measured and paid for separately. END OF SECTION Project Specifications —Page 8 of 47 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: SCHEDULE Subsection 108.03 shall include the following: A schedule of work must be submitted prior to starting work and shall include the number of working days per area to complete all work items covered by the contract but shall not exceed the number of contract working days. Location of vicinity maps are referenced in Section 03500, Project Maps. The schedule should take any priorities into consideration and include projected start and end dates for each area. Area and street quantities are described in Section 02500, Quantity Estimates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. LIMITATION OF OPERATIONS Subsection 108.05 shall include the following: The work shall be completed within the following calendar months: DETERMINATION AND EXTENSION OF CONTRACT TIME Subsection 108.08 shall include the following: Work hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the Engineer. All Work identified within this contract is to be completed within one hundred twenty (120) consecutive working days during the months of March through November. If work is required prior to the overlay and is completed under separate contract, the Engineer will notify the Contractor that the area is completed. The Contractor shall then mobilize to the area within five (5) working days after receiving notification of its accessibility for arterial streets and within eight (8) working days after receiving notification of its accessibility for collector and residential streets. FAILURE TO COMPLETE WORK ON TIME Subsection 108.09 shall include the following: Failure to meet the agreed upon milestones, mobilize to an area within days specified, or fully fulfill the project needs indicated within these contract documents in one hundred twenty (120) consecutive working days, shall result in liquidated damages assessed against the Contractor. At the City's option, liquidated damages in the amount of $1,000.00 per day may be retained from any monies due the Contractor, or the City may retain an additional contractor(s) to complete the work, orportion 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 9 of 47 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised as follows: CONSTRUCTION REQUIREMENTS Subsection 201.02 shall be amended to include the following: When tree roots are encountered during construction operations, the Contractor shall notify the Engineer prior to root removal. The Engineer and the City Forester's representative shall then make a determination regarding removal. When it is apparent that the tree roots have heaved the concrete section, the Contractor shall remove the section(s) of concrete as early as possible to allow time for inspection and to schedule mot grinding operations, under separate contract. Root grinding will be scheduled as soon as possible to minimize delays in construction. Delays to concrete installation due to root grinding shall not be considered for additional traffic control payment or traditional days added to the total contract working days but shall be anticipated in the Contractor's schedule. Where it is anticipated that tree roots may be encountered, great care shall be taken by the Contractor to prevent any damage to the roots with tools or equipment. Damage to roots during concrete removal shall be trimmed and cut with a sharpened, sanitized saw, cut orthogonally to its longitudinal axis as closely as practical, to leave the freshly cut root surface in a clean and smooth condition. Axes or other blunt objects shall not be used to cut tree roots. BASIS OF PAYMENT Subsection 201.04 shall be amended to include the following: All costs for removing tree roots 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 removal of tree roots. END OF SECTION Project Specifications —Page 10 of 47 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 202.01 shall include the following: The intent of this specification is to specify materials and methods for the grinding of existing pavement sections to remove the pavement to a specified depth, the removal and disposition of the ground material, and the preparation of the surface of the base material disturbed by the grinding process. All workmanship and materials shall be in accordance with these specifications. CONSTRUCTION REQUIREMENTS Subsection 202.02 shall include the following: All concrete marked for repair within areas marked for grinding shall be patched prior to commencement of the grinding The Contractor shall provide a smooth surface suitable for the installation of new pavement to follow. The finished surface shall be free from ruts, grooves, ridges, soot, oil film and other imperfections of workmanship. The completed ground surface shall have a uniform textured appearance. It is the intent of this specification that the finished cross section of the roadway will be improved to eliminate excessive crown, excessive lips at the gutter pan areas and that the overall ride quality of the roadway section will be improved. The existing pavement shall be ground to the depth specified. Allowable tolerance for the pavement removal shall be t'/d' from the specified depth. In areas where the grinding process disturbs the existing subgrade/base course, the Contractor shall utilize a rubber tired roller to re -compact the surface. This item will not be measured and paid for separatelybut shall be included in the price for Removal of Structures and Obstructions (Grinding/Surface Preparation). If, in the opinion of the Engineer, the subgrade material/base course is unsuitable and will require ripping and re - compaction, the Engineer will direct the Contractor to perform the work in accordance with this specification, Section 203, "Excavation and Compaction". The method of work and payment are covered in the appropriate specification. Stockpiling of ground materials or cuttings shall not be permitted on the project site. All ground materials shall become the property of the City of Fort Collins and shall be delivered by the Contractor to the City's site at 1500 Hoffman Mill Road A grinding machine shall be used by the Contractor to perform the grinding operation. The equipment shall be self- propelled with sufficient power, traction, and stability to maintain adequate depth of cut and slope. The equipment shall be capable of accurately and automatically establishing a finish profile grade along each edge of the machine within f '/," of the specified depth. The grinding machine shall be equipped with an integral loading and reclaiming means to immediately remove the materials being cut from the surface of the roadway and discharge the cuttings into a truck, all in one operation. The machine shall be equipped with a means to control the dust created by the cutting action and shall meet or exceed all local, state and federal air pollution laws. A skid -steer style planer attachment shall be used by the Contractor to perform the grinding operation with an approximate width of two (2") feet. The equipment shall be self-propelled with sufficient power, traction, and stability to maintain adequate depth of cut and slope. Project Specifications —Page I I of 47 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS The Contractor shall also provide adequate backup equipment (mechanical street sweepers, loaders, water truck, etc.) and adequate personnel shall be provided to insure that all cuttings are removed from the roadway daily, unless otherwise directed by the Engineer. It is the intent of this specification that the ground section will be paved back as follows: The Engineer reserves the right to require that the ground section be paved back immediately in the case ofgrinding done on Friday in the event that severe weather is imminent, or in the case that the ground section presents an extreme safety hazard to the traveling public or inconvenience to the residents. In the event that the ground section is not paved back the same day as the grinding, the Contractor shall provide access to the residents as directed by the Engineer. Access shall include the installation of paper ramps for any/all pedestrian access ramps that have been affected during construction procedure. Special access shall be maintained for all those citizens requesting special needs of access throughout the project. Driveways shall be ramped if the asphalt is below 2 inches on curb prior to the release of traffic. Any/all trip hazards shall be ramped with paper joints, asphalt material, and/or recycled asphalt base (if approved by the engineer). In the event that the ground section is not paved back the same day as the grinding, the Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have been placed The Engineer shall require that the pavement grinding operation be referenced from an independent grade control in those areas where the existing curb and gutter or roadway surfaces have deteriorated. In the event that the entire pavement width along a section of roadway has not been ground to a uniform surface by the end of the work period resulting in a vertical longitudinal face exceeding one inch (I ") in height, this longitudinal face shall be sloped in a manner acceptable to the Engineer so as not to create a hazard to traffic using the roadway during periods when the construction is not in progress. Traffic Control devices may be used in lieu of taper installation as approved by the Engineer. Acceptable Transverse faces that are present at the end of the working period shall be tapered at a 6:1 ratio (six (6") inches horizontally for each one (I") inch of vertical drop.) The grinding machine shall not be operated within the close proximity to manholes, inlets, valve boxes and other obstructions that have not been lowered to avoid damage to these structures. (See Revision of Section 210 — Reset Structures for requirements for referencing structures during construction.) The approaches to and from these structures shall be tapered to allow a smooth transition over these structures to accommodate traffic flow over the manhole, valve box or other obstruction. Any structure raised over two (2) inches in an area accessible to traffic prior to the top surface overlay, must be approved by the Engineer and identified by additional traffic control devices prior to the release of traffic. For Collector and Residential streets, the allowable taper shall not be greater than one half inch vertical rise per six (6) inch distance from the structure. The Engineer may consider the use of temporary rubber shim tapers on a case by case basis. For Arterial streets, the taper shall be as directed by the Engineer. The Contractor shall use all means necessary to prevent the spread of dust and debris during the performance of the work. Where equipment comes into contact with tree branches and other plant material, the contractor shall exercise suitable caution to avoid damage to all trees, shrubs, and other plant material. All trimming shall be performed by a licensed arborist previously approved by the City Forestry Division and under the direction of the Engineer. Project Specifications —Page 12 of 47 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS METHOD OF MEASUREMENT Subsection 202.11 shall be revised to include the following: The accepted quantities of Grinding and Surface Preparation will be paid for at the contract unit price per square yard including haul. All curbs, gutters and other surfaces shall be cleaned of all debris and left in a neat and presentable condition at the end of each working day. It shall be the responsibility of the contractor to maintain the jobsite until subsequent courses have been placed. Taper Planing shall consist of cold milling along the gutter at a depth specified by the Engineer, tapered to a depth on the other side of the mill of zero inches (0"). The width for Taper Planing shall be primarily six (6) feet. Taper Planing shall be paid at the contract unit price per lineal foot. BASIS OF PAYMENT Subsection 202.12 is revised to include the following: Payment will be made under: Pay Item 202.10 Grinding (Planing)/Surface Preparation Depth < 3" 202.20 Grinding (Planing)/Surface Preparation Depth 3" < 5" 202.30 Grinding (Planing)/Surface Preparation Depth 5" < 7" 202.40 Grinding (Planing)/Surface Preparation Depth 7" < 9" 202.50 Taper Planing Adjacent to Gutter 202.60 Bobcat Style Milling < 3" 202.70 Skid -Steer Style Milling — Additional Inch Thickness Pay Unit Square Yard Square Yard Square Yard Square Yard Lineal Foot Square Yard Square Yard — Inch The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in Grinding and Surface Preparation, complete -in -place, including haul, as shown on these plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications —Page 13 of 47 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 203.01 is revised to include the following: This work shall consist of removing and disposing of the existing pavement, base or other soil material, preparing the subgrade for the subsequent course, and placing borrow in accordance with the specifications and in reasonably close conformity with the lines, grades, and typical cross sections shown on the plans or as designated by the Engineer. All excavation will be classified, "General Excavation", "Muck Excavation", as hereafter described. The Contractor shall dispose of all excavated material. COSNTRUCTION REQUIREMENTS Subsection 203.04 is revised to include the following: The Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have been placed. The excavation will be accomplished in the following manner: General Excavation: The pavement areas to be removed will be marked on the surface by the Engineer with paint. A straight vertical cut shall be made through the pavement to provide a square or rectangular opening, such that each edge will be parallel or at right angles to the direction of traffic. Wheel cutting, ripping, and tearing of asphalt using construction equipment such as a grader (blade) shall not be allowed. If, in the opinion of the Engineer, the subgrade material is unsuitable, it shall be removed to the limits and depths designated. After the material has been removed to the depth specified by the Engineer, the Contractor shall prepare the subgrade by compacting with a padfoot roller, rubber tired roller and/or other compaction equipment as approved by the Engineer. The subgrade preparation shall not be measured and paid for separately, but shall be included in the contract unit price for General Excavation. Borrow material shall meet the grading requirement for Class 1 (Pit Run) or Class 5 (Road Base) Aggregate Base Course. (The Class 1 Aggregate Base Course does not need to be crushed and can be of the pit rum variety provided it falls within the gradation requirements as shown in CDOT table 703-3.) The material required for a specific location shall be directed by the Engineer. Muck Excavation Where excavation to the finished grade section (including General Excavation and Patching) results in a subgrade of unsuitable soil, the Engineer may require the Contractor to remove the unsuitable materials and backfill to the finished grade section with approved material (asphalt or borrow). After the material has been removed to the depth specified by the Engineer, the Contractor shall prepare the subgrade with a padfoot roller, rubber tired roller, vibratory plate, steel drum roller, and/or other compaction equipment as approved by the Engineer. The subgrade preparation shall not be measured and paid for separately but shall be included in the contract unit price for Muck Excavation. Project Specifications —Page 14 of 47 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Borrow: Borrow shall be placed as directed by the Engineer. The minimum amount of borrow shall be one load (approximately ten (10) tons). The cost for water placement and compaction shall be included in the Contract Unit Price for Borrow. METHOD OF MEASUREMENT Subsection 203.13 shall include the following: General Excavation shall consist of the excavation and disposal off site or use on site of all materials of whatever character required for the work not being removed under some other item. Muck Excavation shall consist of the removal of unstable soils unsuitable for construction not being removed under some other item. The Contractor and the Engineer shall field measure and agree upon the excavated quantity before any further work continues. Should the Contractor fail to request the Engineer to measure any work and perform other work that would prevent the Engineer from measuring pay quantities, the Contractor shall not be compensated for materials not measured by the Engineer. The accepted quantities of Excavation will be paid for at the contract unit price per cubic yard. Subgrade preparation, haul and disposal will not be measured and paid for separately. The accepted quantities of Borrow shall be paid for at the contract unit price per ton. Compaction and haul will not be measured and paid for separately. BASIS OF PAYMENT Subsection 203.14 shall include the following: Payment will be made under: Pay Item Unit 203.10 Excavation — General Less Than 100 CY Cubic Yard 203.20 Excavation — General Over 100 CY Cubic Yard 203.30 Excavation — Muck Cubic Yard 203.40 Borrow — Less Than 100 Ton Ton 203.50 Borrow — Over 100 Ton Ton 203.70 Shouldering Lineal Foot The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all the work involved in Excavation and Borrow including haul, stockpiling, placing material, watering or drying soil, compaction, proof rolling, finish grading and disposal of unusable materials, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications —Page 15 of 47 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 208.01 shall be revised as follows: This work shall consist of constructing, installing, maintaining, and removing when required, erosion control measures during the life of the Contract and at a minimum at all inlets to prevent or minimize erosion, sedimentation, and pollution of any State waters. Work shall be in accordance with the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition), The City of Fort Collins Urban Drainage and Flood Control District Urban Drainage Criteria Manual, and the City of Fort Collins Environmental Standard Operating Procedures contained herein, Section 04000. Any loss of time or materials related to erosion and erosion control shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities (either on site or offsite) related to erosion caused by construction of this project, will be the sole responsibility of the Contractor MATERIALS Subsection 208.02 shall be amended to include the following: Contractor shall submit the type of material to be used for erosion control measures prior to beginning the work. See Details Section 03000 contained herein. 1. Inlet protection shall include sufficient length to protect around the perimeter of the inlet opening. 2. Erosion control devices around inlets near a load site shall be required. 3. Erosion control devices on the downstream side of an aggregate stockpile or truck washout area shall be required. Recycled Rubberized Inlet Protection shall meet the following requirements: 1. Infill material: Shredded recycled rubber 2. Weight: approximately 101bs per linear foot 3. Diameter: Approximately 9 inches 4. Geotextile fabric: Made of a durable fabric with atypical weight of 6-10 oz/yd. CONSTRUCTION REQUIREMENTS Subsection 208.03 shall be revised as follows: All erosion control measures must be installed prior to starting work It shall be the responsibility of the contractor to ensure that all roadways near the project are kept clean of construction debris and sediment. Inlet filters All storm drainage system inlets shall be filtered unless better treatment is available before water is discharged into streams or onto adjacent properties. These methods are applicable to existing and proposed drain systems that will be operational before the drainage basin is stabilized. Project Specifications —Page 16 of 47 REVISION OF SECTION 208 EROSION CONTROL Drop Inlets Drop inlets in unpaved areas shall be filtered with straw bales anchored with wooden stakes as shown in Figure D- 23. Drop Inlets in paved areas shall have gravel filters Figure D-24. Materials other than straw bales must be demonstrated to provide the same level of treatment before acceptance by Fort Collins. Straw bales shall be placed in a single row tightly butted end -to -end or overlapped and staked. The bales shall be installed to a minimum depth of four inches. After bales are installed and staked, loose straw will be wedged between bales and soil shall be backfilled three inches against the filter. Curb-openin Inlets nlets Curb -opening Inlets shall be filtered with Crumb rubber and/or rock wattles or as Approved by the Engineer. Maintenance The contractor shall continuously maintain all erosion and sediment control features so that they function properly during site construction. See Detail SC-5 contained herein. All inlet filters shall be inspected and repairs made after each runoff event. Sediments shall be removed when one half the design depth has been filled. Sediments shall also be removed immediately from the traveled way of roads and streets. MATERIALS HANDLING AND SPILL PREVENTION Subsection 208.06 shall be amended to include the following: Appropriate Spill Kits shall be on site with each piece of equipment at all times during installation of the Work and during equipment maintenance and Fueling (see Section 04000 ESOP). The Contractor shall submit a description of the items contained in each Spill Kit for approval by the Engineer. METHOD OF MEASUREMENT Subsection 208.11 is revised to include the following: Payment for Wattles shall be made by the lineal foot for inlet protection at each location as required and accepted by the Engineer. The length shall be sufficient to protect the opening and sides of the inlet grate. A maximum of four (4') lineal foot additional to the opening width shall be paid. Excessive lengths shall not be paid. When a protection device is installed at a new location, whether the protection device is new or has been relocated, an additional lineal foot payment will be made for the protection of the location. A protection device shall be installed at load sites and on the downstream side of stockpiles, base piles, and truck washout areas, or as directed by the Engineer and shall not be measured and paid for separately. Excavation required for removal of accumulated sediment from traps, basins, and other clean out excavation of accumulated sediment, and the proper disposal of sediment, shall be considered incidental to the work and not be measured and paid separately. All construction material that enters an inlet due to the Work shall be removed from the inlet interior and removed from the site to an approved disposal location. This work shall not be measured and paid for separately. Project Specifications —Page 17 of 47 OWNER: CITY OF FO T CPLLINS Inc. By: DARIN ATTEBERRY CITY MANAGER CONTRACTOR: Martin Marietta Materials By: 13 �� Title: /Q�N�%n/� U Date: By: GERYkRAUL DIRECTOR OF PURCHASING & RISK MANAGEMENT Date: Attest: (/ a,,,C City Clerk Address for giving notices: P. O. Box 580 Fort Collins. CO 80522 Approved as to tarrt+City Attorney 4�1 ( RATE SEAL) Attes . Address for giving notices: 1r1f-)0 Ltk 135 Co CDS? L LICENSE NO.: REVISION OF SECTION 208 EROSION CONTROL Payment for Straw Bales shall be made per each bale properly installed and accepted by the Engineer. Street sweeping will not be measured or paid for separately but shall be incidental to the work. Erosion control measures used during saw cutting are considered incidental to all saw cutting operations and shall not be paid for separately. BASIS OF PAYMENT Subsection 208.12 is revised to include the following: Payment will be made under: Pay Item Unit Units 208.10 Rock Wattle Lineal Foot 208.20 Crumb Rubber Wattle Lineal Foot 208.30 Straw Bales Each 208.40 Silt Fence Lineal Foot The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in installing, maintaining, removing, and relocating when required, erosion control measures, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications —Page 18 of 47 REVISION OF SECTION 210 RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised as follows: CONSTRUCTION REQUIREMENTS Subsection 210.02 is revised to include the following: Manholes, valve boxes, meter boxes, and all other similar structures located in the pavement shall be adjusted as noted below. Prior to beginning any construction on existing streets that will receive reconstruction and/or overlay, the Contractor shall mark on the curb and gutter with paint the location of all existing structures. These markings shall be maintained by the Contractor until the work has been completed and accepted by the Engineer. The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand prior to commencing the work. Contractor shall verify that manholes and valve boxes can be adjusted prior to the overlay. In the event they cannot be adjusted, or properly fitted with rings, the Contractor shall excavate and adjust prior to the overlay as noted below. All structures shall be adjusted to be 1 /8"- 1 /2" below the pavement. In locations where a structure to be adjusted is surrounded by a concrete collar, the concrete collar shall be removed and replaced with Hot Mix Asphalt. HMA Grading S shall be used in all locations All Patching shall be performed with HMA Grading S unless otherwise directed by the Engineer. In Locations where curbside patching is being performed prior to a scheduled milling operation, the contractor shall leave the patches one to one and a half inches ( 1 to 1 '/z inches) below the toe of the concrete unless directed otherwise by the Engineer. Pavement removal (concrete or asphalt) and placement of Asphalt material (Hot Mix Asphalt) utilized for structure adjustment, including S, and SX, shall be paid for under the contract unit price for Patching. Subsection 2 10. 10 is revised to include the following: The Engineer shall determine the method of adjustment for each structure. Valve boxes shall be adjusted by one of the following methods: 1. Adjust by removing the existing pavement (concrete or asphalt), adjusting the valve by turning it to the proper grade, trimming the existing asphalt by cutting vertical edges, then spreading and mechanically compacting bituminous material. This item will be measured and paid for separately under "Adjust Valve Box", not including bituminous material. 2. If the valve box cannot be turned up or can be turned up, but not sufficiently to achieve the proper grade or if the top section of valve box is in poor condition, the Contractor shall excavate around the top section of the valve box, and remove and replace the top section with a longer section. The top section part will be measured and paid for separately under the terms of this Contract. The excavation shall then be back filled with Non -Shrink backfill to the top of subgrade, and then material of the same grade and quality as the adjacent pavement shall be placed. Flowfill installation may be modified by the Engineer. A mix design for Non -Shrink back fill shall be submitted and approved prior to starting work. These items shall be measured and paid for separately under "Adjust and Replace Top Section of Valve Box", not including the top section part or bituminous material. Project Specifications —Page 19 of 47 REVISION OF SECTION 210 RESET STRUCTURES Non -Shrink backfill — also called Flowable Fill or Unshrinkable Fill — shall be a Portland Cement Concrete Mix. The cement shall conform to the Standard Specifications for Portland Cement, ASTM C 150-85, Type UII. The minimum 24 hour strength shall be 10 psi and the maximum 28 day strength shall be 60 psi. The maximum aggregate size shall be one inch (1"). The minimum slump shall be six inches (6") and the maximum, eight inches (8"). The non -shrink backfill shall be consolidated with a mechanical vibrator. 3. Adjust with adjusting rings or Screw Type Adjustable Risers. These items will be measured and paid for under "Adjust Valve Box with Ring" or "Adjust Valve Box with Screw Type Adjustable Riser", including material (parts). The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If the Contractor is negligent and breaks the valve box, said valve box shall be replaced at the Contractor's expense. Adjusting rings for valve boxes shall be of the type manufactured by the Tyler Manufacturing Company or an approved equal. Valve Box Top Section, Screw Type Adjustable Risers, and Extensions shall be of the type manufactured by the Tyler Manufacturing Company, 6850 or 6860 Series, as approved by the Engineer. Manholes shall be adjusted by one of the following methods: Adjust by removing an area of pavement (concrete or asphalt) with a minimum diameter one foot (I') larger than the structure (centered on the structure) by cutting vertical edges, adjusting the manhole by grouting concrete rings and/or utilizing metal shims to raise the structure to the proper grade, then spreading and mechanically compacting bituminous material. Patching around manholes shall not be square around any adjustment. This item will be paid for under "Adjust Manhole", not including bituminous material. 2. Adjust with adjusting rings. This item will be measured and paid for separately under "Adjust Manhole with Locking Ring". Standard/non-adjustable paving rings are not permitted on arterial streets, collector streets, or in the wheel path of a travel lane. Contractor shall verify that the manhole can properly be adjusted with a ring to the proposed grade prior to beginning the overlay. The Engineer may allow turnbuckle style paving rings that tighten into place securely. When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions. The inside shall be grouted when the Owner is The City of Fort Collins and shall not be grouted when the Owner is the Fort Collins Loveland Water District. Any manhole cover which is unstable or noisy under traffic shall be replaced by the Contractor. If a manhole or valve box is located in an area to be patched or cold milled, it may be adjusted as part of that operation utilizing one of the methods listed in the previous paragraphs. The adjustment will be paid for under the matching item. If the structure is adjusted during the grinding or patching operation, the Contractor shall place hot biGmwtous material around the structure as directed by the Engineer to insure that it will not be a hazard to vehicular traffic. The Contractor shall be responsible for immediately cleaning and removing any construction materials that may have entered the manhole, valve box, or other structures during the construction process. In the event that a structure was not properly adjusted (i.e. too high or too low), written notice will be given by the Engineer to the Contractor requiring the Contractor to make the necessary adjustments within five (5) working days. In the event that the structure is not adjusted within said time frame, the Engineer shall have the right to engage a third party to complete the work, and to withhold the cost of such work from payments due the Contractor. Project Specifications —Page 20 of 47 REVISION OF SECTION 210 RESET STRUCTURES The Engineer will also notify the Contractor in writing of any structures that were covered during the paving operation. The Contractor shall then have five (5) working days to make said structure accessible or will be subject to the constraints of the previous paragraph with respect to a third party completing the work. In the unlikely event that a structure is adjusted after the overlay is complete, the Contractor must exercise care not to damage the new pavement surrounding the structure. The "topping" material shall be Grading S on residential streets, arterial, and collector streets. Grading S shall be used for the bottom lifts as described in Revision of Section 403, Hot Mix Asphalt — Patching. METHOD OF MEASUREMENT Subsection 210.12 shall include the following: The accepted quantities of Adjust Manholes, Valve Boxes, and Meter Boxes will be paid for at the contract unit price per each. Non -shrink backfill, concrete, haul and disposal will not be measured and paid for separately but shall be included in the contract unit price for each type of adjustment. BASIS OF PAYMENT Subsection 210.13 shall include the following: Payment will be made under: Pay Item Unit 210.01 Reset Mail Box Each 210.02 Adjust Valve Box Each 210.03 Adjust Valve Box with Ring Each 210.04 Adjust Valve Box with Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser Each 210.05 Adjust and Replace Top Section of Valve Box Each 210.06 Tyler 6850 Series, Item 58, 14" Valve Box Extension (Part Only) Each 210.07 Tyler 6860 Series 16" Valve Box Top Section Without Lid (Part Only) Each 210.08 Tyler 6860 Series 26" Valve Box Top Section Without Lid (Part Only) Each 210.09 Total Valve Box Replacement Tyler 6860 Series, 30" Bottom Section Each 210.10 Adjust Standard Manhole <_ 24" Each 210.11 Adjust Special Manhole > 24" Each 210.12 Adjust Manhole with Ring Each Project Specifications —Page 21 of 47 REVISION OF SECTION 210 RESET STRUCTURES 210.13 Adjust Manhole with Locking Ring < 24" dia., <_ 3" height Each 210.14 Adjust Manhole with Locking Ring <_ 24" dia., > 3" height Each 210.15 Adjust Manhole with Locking Ring > 24" dia, < 3" height Each 210.16 Adjust Manhole with Locking Ring >24" dia, > 3" height Each The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in adjusting structures, complete -in -place, including non -shrink backfill, concrete, haul and disposal, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications —Page 22 of 47 REVISION OF SECTION 306 RECONDITIONING/ASPHALT RECYCLING Section 306 of the Standard Specifications is hereby revised as follows: CONSTRUCTION REQUIREMENTS Subsection 306.02 is revised to include the following: Reconditioning shall consist of scarifying and compacting the top 8" of the entire subgrade. Sufficient water shall be added to meet the density requirements as specified. The subgrade shall be thoroughly mixed and moistened to full depth and compacted as specified in Section 203.07. The reconditioned surface shall not vary above or below the lines and grades as staked by more than 0.04 foot under asphalt or concrete pavement, or 0.08 foot under aggregate base course. The surface shall be tested prior to application of any base course or pavement. All defective work shall be corrected as directed. The surface shall be satisfactorily maintained until base course or pavement has been placed. Asphalt Recycling shall consist of homogeneously pulverizing and mixing the existing asphalt roadway and underlying base material to a depth as determined by the Engineer. Care shall be taken to insure that the recycling process does not extend into the subgrade material. The resulting mixture shall be pulverized and blended to the satisfaction of the Engineer and meet the following requirements: Minimum Passing 1'/2" 97-100 % Minimum Passing No. 1 Sieve 60-65 % The equipment required for Asphalt Recycling shall be a self-propelled, rotary cross shaft mixing machine with a minimum of 400 horsepower and equipped with carbide -tipped teeth. This machine must be capable of making consecutive passes until the gradation requirement is met. The mixer shall be capable of pulverizing and mixing to a minimum depth of 18". The subcontractor performing Asphalt Recycling must have previous experience in the field of in -place Asphalt Recycling. METHOD OF MEASUREMENT Subsection 306.03 is revised to include the following: The accepted quantities of Reconditioning and in place Asphalt Recycling will be paid for at the contract unit price per square yard. BASIS OF PAYMENT Subsection 306.04 is revised to include the following: Payment will be made under: Pay Item Unit 306.01 Subgrade Preparation Square Yard 306.02 Asphalt Recycling (5-12") Bomag and Prep Square Yard The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in Reconditioning and Asphalt Recycling, complete -in -place, including compaction, wetting or drying, and finish grading, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications —Page 23 of 47 REVISION OF SECTION 307 STABILIZED RECYCLED BASE SUBGRADE - CLASS C FLY ASH Section 307 of the Standard Specification is hereby revised as follows: DESCRIPTION Subsection 307.01 is revised to include the following: This item shall consist of treating the subgrade, existing sub -base or existing base, by pulverizing, adding Class C fly ash, and mixing and compacting the mixed material to the required density. This item applies to natural ground or embankment and shall be constructed as specified herein and in conformity with the typical sections, lines and grades as shown on the plans or as established by the Engineer. MATERIALS Subsection 307.02 is revised to include the following: Fly Ash - Fly Ash shall meet ASTM C 618 for Class C Fly Ash. Water - The water used in the stabilized mixture shall be potable. CONSTRUCTION REQUIREMENTS Subsection 307.04 is revised to include the following: EQUIPMENT The machinery, tools and equipment necessary for proper prosecution of the work shall be on the project and approved by the Engineer prior to the beginning of construction operations. All machinery, tools, and equipment used shall be maintained in a satisfactory and workmanlike manner. Fly ash is furnished in trucks. Each truck shall have the weight of fly ash recorded on certified scales. CONSTRUCTION METHODS General It is the purpose of this specification to secure a completed course of treated material which contains a uniform fly ash/soil mixture with no loose or segregated areas; has a uniform density andmoisture content; is well bound for its full depth; and has a smooth surface suitable for placing subsequent courses. It shall be the responsibility of the Contractor to regulate the sequence of his work; to process a sufficient quantity ofmaterial to provide full depth as shown on the plans; to use the proper amounts of fly ash; to maintain the work; and to rework the courses as necessary to meet the above requirements. Preparation of Subgrade Before other construction operations are begun, the subgrade shall be graded, moisture conditioned, and shaped to enable the fly ash treatment of materials in place, in conformance with the lines, grades, and thickness shown on the plans. The subgrade elevation shall anticipate the entire of fly -ash material incorporated into the subgrade. Project Specifications —Page 24 of 47 REVISION OF SECTION 307 STABILIZED RECYCLED BASE SUBGRADE - CLASS C FLY ASH Application The fly ash shall be spread by a method approved by the Engineer at the rates shown on the plans or as directed by the Engineer. Fly ash shall not be applied when wind conditions, in the opinion of the Engineer, are such that blowing fly ash becomes objectionable to traffic or adjacent property owners. During final mixing, the materials shall be sprinkled with water, as directed by the Engineer, until the proper moisture content has been secured. However, initial mixing after the addition of fly ash will be accomplished dry, or with a minimum of water, to prevent fly ash balls. Final moisture content of the mix, prior to compaction, shall not exceed the optimum moisture content of the mix by more than 2%, nor be less than optimum by more than 2%. Should the natural moisture content of the soil be above the specified range, aeration of the soil may be required prior to addition of the fly ash. Mixing The soil and fly ash shall be thoroughly mixed by approved road mixers/recyclers or other approved equipment. The mixing shall continue until, in the opinion of the Engineer, a homogeneous, friable mixture of soil and the mixture should be added after initial mixing. There shall be a 6" overlap between passes to assure a consistent mix. Compaction Compaction of the mixture shall begin immediately after mixing of the fly ash and shall be completed within 2 hours following addition of water to the fly ash. The material shall be sprinkled as necessary to maintain the optimum moisture. Compaction of the mixture shall begin at the bottom and shall continue until the entire depth of mixture is uniformly compacted to the specified density using a sheepfoot/padfoot roller. All non -uniform (too wet, too dry, or insufficiently treated) areas which appear shall be corrected immediately by scarifying the areas affected, adding or removing material as required, and reshaping and re -compacting by sprinkling and rolling. The surface of the course shall be maintained in a smooth condition, free from undulations and ruts, until other work is placed thereon or the work is accepted. The stabilized section shall be compacted to the extent necessary to provide the density specified below. DESCRIPTION DENSITY For fly ash treated subgrade, existing subbase or existing Not less than 95% maximum dry density base that will receive subsequent subbase or base courses. ASTM D 698 For fly ash treated base that will receive surface course. Not less than 97% maximum dry density (ASTM D 698) In addition to the requirements specified for density, the full depth of the material shown on the plans shall be compacted to the extent necessary to remain firm and stable under construction equipment. After each section is completed, tests as necessary will be made by the Engineer. If the material fails to meet the density requirements, the Engineer may require it to be reworked as necessary to meet those requirements or require the Contractor to change his construction methods to obtain required density on the next section. Throughout this entire operation the shape of the course shall be maintained by blading, and the surface, upon completion, shall be smooth and in conformity with the typical section shown on the plans and to the established lines and grades. Blading should be terminated within 2 hours after blending of the fly ash. Should the material, due to any reason or cause, lose the required stability, density or finish before the next course is placed, or the work is accepted, it shall be reprocessed, re -compacted, and refinished at the sole expense of the Contractor. Reprocessing shall follow the same pattern as the initial stabilization, including the addition of fly ash. Project Specifications —Page 25 of 47 REVISION OF SECTION 307 STABILIZED RECYCLED BASE SUBGRADE - CLASS C FLY ASH Finishing, Curing, and Preparation for Surfacing After the final layer or course of the treated subgrade, subbase or base has been compacted, it shall be brought to the required lines and grades in accordance with the typical sections. (a) The resulting base surface shall be thoroughly rolled with a pneumatic tire roller and "clipped", "skinned", or "tight bladed" by a power grader to a depth of approximately 1/4", removing all loosened stabilized material from the section. Re -compaction of the loose material should not be attempted. The surface shall then be thoroughly compacted with the pneumatic roller, adding small increments of moisture as needed during rolling. If plus No. 4 aggregate is present on the surface of the mixture, one complete coverage of the section with the flat wheel roller shall be made immediately after the "clipping" operation. When directed by the Engineer, surface finishing methods may be varied from this procedure provided a dense, uniform surface, free of surface compaction planes, is produced. The moisture content of the surface material must be maintained within the specified range during all finishing, and shall proceed in such a manner as to produce, in not more than 2 hours, a smooth, closely knit surface, free of cracks, ridges, or loose material conforming to the crown, grade and line shown on the plans. (b) After the fly ash treated course has been finished as specified herein, the surface shall be protected against rapid drying in a thorough and continuously moist condition by sprinkling for a period of not less than 3 days, or until the surface or subsequent courses are placed. METHOD OF MEASUREMENT Subsection 307.13 is revised to include the following: Fly ash treatment of the subgrade, existing subbase, and existing base shall be measured by the square yard to neat lines as shown on the typical sections. BASIS OF PAYMENT Subsection 307.14 is revised to include the following: Work performed and materials furnished as prescribed by this item and measured as provided under "Measurement" will be paid for as follows: Pay Item Unit 307.10 Class C Fly Ash Delivered and Spread 12" Depth, 12% by Weight — Tilled, Watered, Compacted Square Yard 307.20 Stabilize Subgrade — Tilled & Watered Square Yard "Fly Ash Treated Subgrade" will be paid for at the unit price bid per SY. The unit price bid shall be full compensation for all correction of secondary subgrade; for loosening, mixing, pulverizing, spreading, drying, application of fly ash, and maintaining; for all curing, including all curing water and/or other curing materials; for all manipulations required; and for all hauling and freight involved; for all tools, equipment, labor, and for all materials necessary to complete the work, including fly ash, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications —Page 26 of 47 REVISION OF SECTION 401 PLANT MIX PAVEMENTS Section 401 of the Standard Specifications is hereby revised as follows: MATERIALS The following two paragraphs shall be deleted from Subsection 401.02 (a)(3) "A sufficient quantity of each aggregate for the Department to perform the tests specified in Section 3.2.1 of CP 52" "The Contractor's proposed job mix formula for each hot mix asphalt grading will be tested by the Department utilizing materials actually produced and stockpiled for use on the project." Subsection 401.02 is hereby revised to include the following: Requests made in writing by the Contractor for changes in the job mix formula will be considered by the City Engineer. A job mix formula shall be determined by the Contractor and submitted to the Project Manager for approval a minimum of one week prior to the beginning of construction for each proposed change. The Contractor shall provide a report from an independent testing laboratory acceptable to the Project Manager. The report shall state the Superpave properties, optimum oil content, job mix formula, and recommended mixing and placing temperatures. The costs for all job mix formulas shall be the responsibility of the Contractor. If the Contractor uses more than three (3) job mix formulas for a type of plant mix pavement used, the City may charge the Contractor for testing and evaluation of the mix designs, including the costs for calibration. Mix design verification testing shall be the responsibility of the Contractor. A minimum of one verification per mix design or one per 10,000 ton of mix used shall be provided to confirm oil content, gradation, air voids, VMA, and stability. CONSTRUCTION REQUIREMENTS Subsection 401.07 shall include the following: Plant mix pavement shall be placed only on properly prepared unfrozen surfaces which are free of water, snow, and ice. The plant mix pavement shall be placed only when both the air and surface temperatures equal or exceed the temperatures specified in Table 401-3, the dates coincide with Table 401-3A, and the Engineer determines that the weather conditions permit the pavement to be properly placed and compacted. Subsection 401.17 is hereby revised to include the following: All pneumatic tire rollers shall be equipped with rubber skirts. END OF SECTION Project Specifications —Page 27 of 47 SECTION 00530 NOTICE TO PROCEED Description of Work: 7222 Asphalt Overlay — 2015 Renewal To: Martin Marietta Materials Inc This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within (_) calendar days from receipt of this notice as required by the Agreement. Dated this _day of , 20_. The dates for Substantial Completion and Final Acceptance shall be , 20_ and , 20_, respectively. CitV of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR: Martin Marietta Materials Inc By: Title: Section 00530 Page 1 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 403.01 is revised to include the following: This work shall consist of placing the specified depth of Hot Mix Asphalt Grading SX, Grading SG, or Grading S, over existing pavement or subgrade or milled surfaces previously prepared by the Contractor or City of Fort Collins Crews, according to the latest edition of the Larimer County Urban Area Street Standards and the Colorado Department of Transportation Design Criteria. MATERIALS Subsection 403.02 is revised to include the following: Laboratory Mix Design - SHRP Mix, Grading S - The mix design shall be prepared by an independent laboratory acceptable to the Engineer and approved for use in the City of Fort Collins. The criterion for the mix design is as follows: Designed according to most recent set of SUPERPAVE Specifications available at the time The use of warm mix asphalt (WMA) shall be the intended mix used by the contractor unless otherwise directed by the Engineer. The design mix for Grading S, SX, and SG shall conform to the current Larimer County Urban Area Street Standards and the following: Property Grading Grading Test Method SX Grading S SG Minimum Dry Split Tensile Strength, kPa CPL 5109 (psi) Method B 205 (30) 205 (30) 205 (30) Grade of Asphalt Cement Top Layer PG 64-22 PG 64-22 PG 64-22 Grade of Asphalt Cement Layers Below Top *PG 58-28 PG 64-22 PG 64-22 PG 64-22 Voids in the Mineral Aggregate (VMA) % minimum CP 48 (a) (a) (a) Voids Filled with Asphalt (VFA) % Al MS-2 (a) (a) (a) 'PG 58-28 is to be used on lower lifts of residential and minor collector roadways only a. Current CDOT Design Criteria b. Residential 75, Collector 75, Arterial 75 a) Arterial Intersection to be defined at 100 gyrations if 4-lane intersection and as directed by the Engineer Project Specifications —Page 28 of 47 REVISION OF SECTION 403 HOT MIX ASPHALT The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of Hot Mix Asphalt (HMA). This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. A maximum of 20% reclaimed material (RAP) will be allowed for HMA Grading SG, S, and SX in both top and bottom lifts. Emulsified Asphalt for tack coat shall be Grade CSS-lh. The tack coat shall consist of a 1:1 dilution (one (1) part emulsified asphalt to one (1) part water). The application rate for tack coat shall be approximately 0.2 to 0.3 gallons per square yard with a target residual AC of .12 to .15 or as directed by the Engineer. CONSTRUCTION REQUIREMENTS Subsection 403.03 is revised to include the following: The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. Regardless of the delivery temperature, the mixture shall not be used on the roadway at a temperature lower than 175°F for HMA and 150°F for WMA (Warm mix Asphalt) All trucks providing asphalt or other aggregate materials to a City of Fort Collins jobsite must be covered. The existing pavement shall be cleaned to be free of dirt, water, vegetation and other deleterious matter immediately prior to commencing the paving operation. Edges of the area to be patched/widened shall be sawcut vertically, and perpendicular or parallel to the roadway, as directed by the Engineer. Tack coat shall be placed against clean, vertical edges on all sides of the area to be patched HMA grading SX and S shall be placed in equal lifts. The minimum lift thickness shall be one and one half(]''/2") inch (SX) and 2 inches (S).The minimum lift thickness shall be two (2") inches for S Mix. Overlaying layers of HMA shall not be placed until the lower layer has cooled sufficiently to provide a stable material which will support the equipment without rutting, shoving or moving in any manner. A tack coat shall be placed between all lifts unless otherwise directed by the Engineer. In Locations where curbside patching is being performed prior to a scheduled milling operation, the contractor will leave the patches one to one and a half inches ( 1 to 1 '/2 inches) below the toe of the concrete unless directed otherwise by the Engineer. Leveling: If the surface of the road has irregularities after the milling and/or prep work is completed, the Engineer may require a leveling course to be placed on the surface course prior to the top lift overlay. The contractor shall perform this work just prior to the top lift overlay, unless directed differently by the Engineer. Leveling courses must be tacked prior to the overlay. Speed Humps: All Speed Bumps/Humps shall be installed in accordance with detail drawing 1802 F located in section 3000 Details Project Specifications —Page 29 of 47 REVISION OF SECTION 403 HOT MIX ASPHALT with the following exceptions.: 1.) The height of the Speed Hump shall be changed from three (3) inches to three and a half (3.5) inches. The new height requirements allow for a tolerance of+/- one half (1/2) inch 2.) The parabolic ramp section is to be changed to a straight slope If an existing speed bump requires removal to perform the paving operation, it shall be replaced in accordance with the said detail for a "Speed Hump". The contractor shall contact the Engineer to confirm the layout and location prior to installation. METHOD OF MEASUREMENT Subsection 403.04 shall include the following: Hot Mix Asphalt (HMA) SX, S, and SG, will be measured by the ton and paid for at the Contract Unit Price for Hot Mix Asphalt. Haul, bituminous materials, aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, saw cutting and all other work necessary to complete each Hot Mix Asphalt item will not be paid for separately but shall be included in the unit price bid. Also see Section 109, Measurement and Payment. Load slips/tickets shall be consecutively numbered for each day and shall include batch time and weights Leveling courses are to be measured by the ton and paid for by the line items 403.12 (HMA Leveling 1 to 100 Tons), 403.13 (HMA Leveling 101 tons to 250 Tons), and 403.14 (HMA Leveling 250 Tons and Greater). The total amount of tonnage used for the Leveling course shall be paid for by the corresponding line item. For Example: If the total tonnage of Leveling performed amounts to 205 Tons, the entire 205 Tons shall be paid for by line item 403.13 HMA Leveling 101 to 250 Tons. Line Item 403.16 is to accommodate an agreement between the City of Fort Collins and the current 2015 Overlay Contract with Martin Marietta Materials. Any truck entering or exiting the Taft Hill Asphalt Plant shall leave or enter from the North unless otherwise directed by the engineer in writing. BASIS OF PAYMENT Subsection 403.05 is revised to include the following: Work performed and materials furnished as prescribed by this item and measured as provided under "Measurement" will be paid for as follows: Pay Item Unit 403.01 HMA Grading SX - Parking Lot Overlay Ton 403.03 HMA Grading SX Ton 403.04 HMA Grading S, 64 - 28 Modified Binder Ton 403.05 HMA Grading S, 64 - 22 Binder Ton 403.06 HMA Grading SG Ton 403.10 HMA - Grading SX, 58-28 Binder (20% RAP) Ton 403.11 HMA - Grading S, 58-28 Binder (20% RAP) Ton 403.12 HMA Leveling 1 to 100 Tons Ton 403.13 HMA Leveling 101 to 250 Tons Ton 403.14 HMA Leveling 250 and Greater Tons Ton Project Specifications —Page 30 of 47 REVISION OF SECTION 403 HOT MIX ASPHALT 403.15 HMA — Speed Humps Square Yard 403.16 HMA — Haul from Taft Hill Hot Plant to the North Ton The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, temporary access ramps, and incidentals, and for doing all the work involved in Hot Mix Asphalt, including compaction, rolling, haul, surface preparation, and bituminous materials, complete in -place, as shown on these plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications —Page 31 of 47 REVISION OF SECTION 403 HOT MIX ASPHALT - PATCHING Section 403 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 403.01 is revised to include the following: This work shall consist of excavating pavement areas to the specified depth, preparing the subgrade, and placing Hot Mix Asphalt in accordance with these specifications, and in reasonably close conformity with the lines, grades, thickness and typical cross sections shown on the plans or established. MATERIALS Subsection 403.02 is revised to include the following: The materials shall conform to the requirements of Revision of Section 403 - Hot Mix Asphalt found herein. CONSTRUCTION REQUIREMENTS Subsection 403.03 is revised to include the following: Patching will be accomplished in the following manner: A straight vertical cut shall be made through the pavement to provide a square or rectangular opening, such that each edge of the finished patch will be parallel or at right angles to the direction of traffic. Wheel cutting shall not be allowed. All patches placed in pavement not to be overlaid shall be saw cut. If, in the opinion of the Engineer, the subgrade material for the patch is unsuitable, it shall be removed to the limits and depths designated. If asphalt is to be placed in the extra depth, the Contract Unit Price for Patching shall be used for measurement and payment. If the deepened section is to be filled with Borrow, the excavation will be measured and paid for under Revision of Section 203 - Excavation and the material paid for under the appropriate item found herein. The Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have been placed. After the excavation has been completed, the Contractor shall prepare the subgrade by utilizing a vibratory plate, roller, or other compaction device approved by the Engineer. After the area to be patched is prepared, the Contractor shall place an emulsified asphalt tack coat vertically on all pavement cut surfaces and on the lip of exposed gutter and crosspan faces that abut these paving areas. Patching HMA Grading 5-75 shall be used for all patching unless otherwise directed by the Engineer. All patching under 403.8 is to be performed with S mix and placed in 2 even bottom lifts not to exceed a four (4) inch thickness. The patch should be left two (2) inches below the final grade. Once compacted, the surface course material shall be Hot Mix Asphalt Grading S for appropriate residential, collector, and arterial streets. Pavement areas to be replaced adjacent to concrete repairs shall be patched as soon as schedule permits. Project Specifications —Page 32 of 47 REVISION OF SECTION 403 HOT MIX ASPHALT - PATCHING METHOD OF MEASUREMENT Subsection 403.04 is revised to include the following: All patching will be measured and paid for at the Contract Unit Price per ton based on the asphalt paving tickets. All hand patching shall be performed using the S-Mix hand patching line item 403.07. The HMA SG 75 mix patching Item will be only used only as directed by the Engineer in special circumstances. Pavement cutting, excavation, subgrade preparation, haul, disposal, and bituminous materials will not be measured or paid for separately, but shall be included in the contract price for Patching or Arterial Patching. Load slips/tickets shall be consecutively numbered for each day and shall include the batch time and weights. BASIS OF PAYMENT Subsection 403.05 is revised to include the following: Work performed and materials finished as prescribed by this item and measured as provided under "Measurement' will be paid for as follows: Pay Item Unit 403.07 HMA SG 75 Hand Patching > 10" Remove & Replace Ton 403.08 HMA S 75 Hand Patching - Remove & Replace Ton 403.09 HMA Paver Patching - Remove & Replace Ton The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in Patching, including pavement cutting, excavation, haul, disposal, surface preparation and bituminous materials, complete -in -place, as shown on these plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications —Page 33 of 47 REVISION OF SECTION 420 GEOTEXTILE PAVING FABRIC Section 420 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 420.01 is revised to include the following: This work shall consist of placing Geotextile Paving Fabric as manufactured by Phillips Fibers Corporation, Hoechst Fibers Industries, Amoco Fabrics Company, or an approved equal in designated areas in substantial compliance with the plans, specifications and as directed by the Engineer. This work shall also include the placing of G1asGrid® 8511 or an approved equal in compliance with the plans, specifications, and as directed by the Engineer. This work will also include the placement of Trupave® or an approved equal as directed by the Engineer. MATERIALS Subsection 420.02 is revised to include the following: Geotextile Paving Fabric described in line item 420.01 shall be a non -woven, needle -punched pavement reinforcing fabric which conforms to the following properties: Grab Strength, either direction, minimum (ASTM D-4632) 90 lbs Elongation, either direction, minimum (ASTM D4632) 50 percent Burst Strength, minimum (ASTM D-3786) 185 PSI Weight, minimum 3.6 oz./sq. yd. Asphalt Retention, minimum (TF25 #8) 0.2 gal./sq. yd. Melting Point, minimum (ASTM D-276) 3000 Fahrenheit The tack coat to be applied to the road surface and/or to the Geotextile Paving Fabric shall meet the following requirements: Asphalt Cement PG64-22 Emulsified and/or Cutback Asphalt shall not be used as tack coat for Geotextile Paving Fabric. Line items 420.02, 420.03, and 420.04 shall be the material GlasGrid® or an approved equal chosen by the direction of the Engineer Line Items 420.05, 420.06, and 420.07 shall be the material Trupave® or an approved equal chosen by the direction of the Engineer CONSTRUCTION REQUIREMENTS Subsection 420.03 is revised to include the following: Surface preparation: The pavement to be repaired shall be cleaned and free of dirt, dust, water and vegetation. Cracks shall be cleaned and filled in accordance with "Revision of Section 403, Crack Sealing" of these Specifications. If the crack filling materials contain volatiles, adequate curing time must be allowed prior to placement of the fabric. The pavement must be cleared of all sharp or angular protrusions. While installing GlasGrid® the asphalt surface temperature must be between 5°C (40°F) and 60°C (140°F). On Project Specifications —Page 34 of 47 REVISION OF SECTION 420 GEOTEXTILE PAVING FABRIC asphalt surfaces less than 24 hours old, the surface temperature must be between 5°C (40°F) and 46°C (I IO°F). GlasGrid® and TruPave® must be placed on a smooth asphalt surface, either existing pavement or a leveled surface that has cooled to at least 100 ° F or less. If a tack coat is specified, it may be applied before or after the installation of GtasGrid,® depending on site conditions. Tack must be completely cured prior to paving. Application of Tack Coat: The tack coat shall be applied at a rate in accordance with the manufacturer's specifications (approximately 0.25 gal./sq. yd). The use of.25 gal/SY is subject to change based on the condition of the roadway at the direction of the Engineer. Application must be performed by a distributor. Temperature of the tack coat must be sufficiently high to permit a uniform spray pattern. The asphalt temperature shall be between 275°F and 375°F. Subsection 420.04 is revised to include the following: Geotextile Paving Fabric Placement: The Geotextile Paving Fabric shall be placed into the tack coat with a minimum of wrinkles. If Geotextile Paving Fabric folds greater than one inch (1 ") occur, the Geotextile Paving Fabric shall be slit and allowed to lie flat. Additional tack coat shall be placed as required to insure fabric bonding. If Geotextile Paving Fabric is placed adjacent to patched sections of roadway, the fabric shall overlap said patched section a minimum of 12 inches. All joints shall overlap adjacent fabric approximately 2-6 inches. Transverse joints of the Geotextile Paving Fabric shall be shingled in the direction of the paving to prevent edge pickup by the paver. Additional tack coat shall be uniformly applied to the joints and overlaps to insure bonding. Burning or torching of PGM-G Composite Paving Grids to remove wrinkles or folds shall never be done. It shall be the Contractors responsibility to maintain the Geotextile Paving Fabric until the overlay is complete. If the Geotextile Paving Fabric begins to be picked up, the Contractor shall immediately broadcast sand or hot mix asphalt over the area or "skin" the Geotextile Paving Fabric with Hot Mix Asphalt SC Type 1 or 2. Excess sand or hot mix shall be removed before paving. Sand used for this purpose will not be measured and paid for separately under the terms of this contract. Hot Mix Asphalt (SC Type I or 2) used for this purpose will be measured and paid for at their respective contract unit prices per ton. Geotextile Paving Fabric shall be clean, dry and sufficiently bonded to the tack coat prior to commencing the paving operations. Paving operations shall be completed the same day as the Geotextile Paving Fabric placement. METHOD OF MEASUREMENT Subsection 420.09 is revised to include the following: Geotextile Paving Fabric will be measured by the square yard of surface area covered, complete in place, including surface preparation and PG64-22 tack coat. GlasGrid® or an approved equal will be measured and paid for by the square yard of surface area covered, complete in place, including preparation and strait AC PG 64-22 tack coat. Although the line items 420.02-420.04 show a graduated rate of quantities vs. payment, the quantity measured for the entire installation shall be paid by the corresponding line item. Project Specifications —Page 35 of 47 REVISION OF SECTION 420 GEOTEXTILE PAVING FABRIC For Example: If the total area applied with GlasGrld® was measured at 850 SY, all 850 SY shall be paid for by line item 420.03 - GlasGrid #8511- 501 to 1500 SY. Trupave® or an approved equal will be measured and paid for by the square yard of surface area covered, complete in place, including preparation and PG64-22 tack coat. Although the line items 420.05-420.07 show a graduated rate of quantities vs. payment, the quantity measured for the entire installation shall be paid by the corresponding line item as shown in the above example. BASIS OF PAYMENT Subsection 420.10 is revised to include the following: The accepted quantities of Geotextile Paving Fabric will be paid for at the contract unit price per square yard complete -in -place, including surface preparation and PG64-22 tack coat. GlasGrid® or an approved equal will be measured and paid for by the square yard of surface area covered, complete in place, including preparation and PG64-22 tack coat. The SY quantity of material used shall determine under which line item the material shall be paid. Less than 500SY shall be paid for under line item 420.02. More than 500SY and less than 1500 SY shall be paid for under line item 420.03. Any quantities measured that are 1500 SY or greater shall be paid for under line item 420.04. Trupave® or an approved equal will be measured and paid for by the square yard of surface area covered, complete in place, including preparation and PG64-22 tack coat. The SY quantity of material used shall determine under which line item the material shall be paid. Less than 500SY shall be paid for under line item 420.02. More than 500SY and less than 1500 SY shall be paid for under line item 420.03. Any quantities measured that are 1500 SY or greater shall be paid for under line item 420.04. Payment will be made under: Pay Item Pay Unit 420.01 Geotextile Paving Fabric Square Yard 420.02 GlasGrid® #8511 - 50 to 500 Square Yard 420.03 GlasGrid® #8511 - 501 to 1500 Square Yard 420.04 GlasGrid® #8511 -1501 and Greater Square Yard 420.05 TruPave® Fabric 50 to 500 Square Yard 420.06 TruPave® Fabric 501-1500 Square Yard 420.07 TruPave® Fabric 1501 and Greater Square Yard The above prices and payment shall include full compensation for famishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in placing tack coat and Paving Fabric, including haul and bituminous materials, complete -in -place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications -Page 36 of 47 REVISION OF SECTION 627 PAVEMENT MARKING Sub -section 627 shall include the following: DESCRIPTION This work shall consist of furnishing, installing, and removing temporary pavement marking in accordance with the latest revision of the Fort Collins Traffic Operations Manual, City of Fort Collins Work Area Traffic Control Handbook, Larimer County Urban Area Street Standards (LCUASS), Colorado Department of Transportation, and Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), the details specified in section 3000 of the contract documents as attachment A, B, and C. Pavement markings shall also be placed in conformity to the lines, dimensions, patterns, locations, and details shown on the plans or established by the Engineer. CONSTRUCTION REQUIREMENTS Subsection 627.03 shall be amended to include the following: Permanent pavement markings shall be installed by the Contractor. The placement of the pavement markings shall be in accordance to the striping plans provided by the Engineer and in accordance with attachment A, B, and C located in section 3000 of the contract documents. If there is a conflict or error on the striping plans, the contractor is required to contact the Engineer to come up with a solution. Placement of final markings must be placed prior to the opening of a roadway, and as such shall be completed under the traffic control used for top lift paving. All traffic control needed for the placement of final pavement markings shall be at the contractor's expense with the following exceptions at the discretion of the Engineer: 1. If the final striping and placement of thermoplastics continues one hour after the completion of the paving operations for the day, the Engineer may provide payment for additional flagging under line item 630.03. 2. If the Engineer directs final striping and/or placement of thermoplastics to continue at a later date, the Engineer may provide payment for additional flagging under line item 630.03 and a under line item 630.02. 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 Sub -section 627.10 shall be amended to include the following: The Contractor shall install permanent pavement striping according to attachment A, B, and C located in section 3000 of the contract package. When City crews cannot assist installing temporary striping, the Engineer may request that the Contractor install temporary striping or maintain traffic control devices. Temporary pavement markings/delineation of lanes shall be suitable for use on asphalt or Portland cement pavements, shall be installed on roadways that will be opened to traffic prior to permanent stripping, and shall conform as follows: 1. The surface to which the tape is applied shall be clean, dry, and free of dirt, oils, and grease. The tape/tab/vertical panels shall be pressed down immediately after application until it adheres properly and conforms to the surface. 2. All roads shall have temporary pavement markings before they are opened to traffic unless striping has been scheduled to install permanent pavement markings prior to opening the road to traffic. 3 Markings applied to the final road surface shall not leave scars that conflict with permanent markings. 4. Temporary markings shall be installed in such a way that the markings adequately follow the desired Project Specifications —Page 37 of 47 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate REVISION OF SECTION 627 PAVEMENT MARKING alignment. 5. Temporary pavement marking tape/delineation/vertical panels 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 fifty (50') foot 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 manufacture's recommendations and maintained by the Contractor until permanent pavement markings are installed. 7. Temporary edge lines are not typically required unless there is no existing gutter or required by the Engineer. 8. All tape shall be removed by the Contractor after permanent markings have been completed. 9. It is the Contractor's responsibility to maintain the temporary markings, at the Contractor's expense, until the permanent pavement marking is installed. BASIS OF PAYMENT Subsection 627.13 is revised to include the following: Work performed and materials furnished as prescribed by this item and measured as provided under "construction requirements" shall be paid for as follows: Pay Item Pay Unit 627.01 Installation of Thermoplastic HR 627.02 Lead Worker for striping layout HR 627.03 Support workers for striping layout HR 627.04 Pavement marking paint Gallon 627.05 Pavement Mark Removal 4in (surface Grinding) SF 627.06 6 Inch White Line (Thermo) LF 627.07 18 Inch White Line (Thermo) LF 627.08 24 Inch White Line (Thermo) LF 627.09 Speed Bump Stencil (Thermo) EACH 627.10 Bike Symbol (6 ft) W/ Arrow (Thermo) EACH Project Specifications —Page 38 of 47 REVISION OF SECTION 627 PAVEMENT MARKING 627.11 RT / Lft Arrow Stencil (Thermo) EACH 627.12 8 ft "ONLY" Stencil (Thermo) EACH 627.13 "RR Kit Narrow" Stencil (Thermo) EACH 627.14 Temporary Yellow Striping Tape Roll EACH 627.15 Temporary White Striping Tape Roll EACH END OF SECTION Project Specifications —Page 39 of 47 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 amended to include the following: This work shall consist of famishing, installing, moving, maintaining, and removing temporary construction traffic control devices, including but not limited to signs, advance warning arrow panels, variable message boards, barricades, channelizing devices, and delineators as required by the latest revisions of the City of Fort Collins "Work Area Traffic Control Handbook," the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the Larimer County Urban Area Street Standards (LCUASS), and the Colorado Department of Transportation Road and Bridge Standard Specifications (CDOT). In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. MATERIALS Subsection 630.02 shall be amended to include the following: All traffic control devices shall meet or exceed the required minimum standards. Traffic control devices shall be clean and in good operating condition when delivered and shall be maintained 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, etc.) Sign blanks with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists and bicyclists traveling in the opposite direction and residents potentially affected by information the sign may present. CONSTRUCTION REQUIREMENTS Subsection 630.10 shall be amended to include the following: The Contractor shallbe responsible for ensuring safe passage through the work zone for vehicles, pedestrians, and bicycles. The City of Fort Collins shall not be responsible for any loss or damage to equipment due to theft or vandalism or for any damages to public or private property caused by the Contractor's construction activities. Private or public property which is damaged by the Contractor's installation, equipment, or employees will be the sole responsibility of the Contractor. 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. The typical quantity of Variable Message Boards shall be: Six (6) on Arterial streets, four (4) on Collector streets, none on Residential streets, or as directed by the City Traffic Department. Variable Message Boards shall be placed a minimum of 5 working days prior to the project. For full closures on Arterials and Collectors, Variable Message Boards shall remain in place until completion of the project. For lane closures on Arterials and Collectors, message boards shall remain in place for two days after starting work. Fully automated variable message boards shall be installed and operate continuously for the duration of the Work on Arterials and Collectors. See Method of Measurement contained herein. Project Specifications - Page 40 of 47 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Two-way traffic shall be maintained at all times unless approved by the Engineer. Lane width shall be maintained at a minimum of ten (10') feet. The Contractor will provide 24 hour minimum notice to the City of Fort Collins Traffic Department when construction operations will be near a signalized intersection. TRAFFIC CONTROL PLAN - GENERAL Hand drawn plans shall NOT be accepted Notification of residents and businesses shall be the responsibility ofthe Contractor, Contractor Representative, TCS or TCS Representative and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during concrete placement, etc.), dates and times of the work, and parking and access restrictions that will apply. Sample letters shall be provided by the Engineer. 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 which residents with questions may use to contact the Contractor and a link to the City of Fort Collins Street Department web site where citizens may find additional information and project updates at"www.fcgov.com/streets". www.fcgov.com/streets". Only approved notifications shall be distributed a minimum of five (5) days 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. Devices temporarily not in use shall be removed from the area. Moving shall include devices removed from the project and later returned to use. Devices may be temporarily placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists, and vehicles, as approved by the Engineer. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). 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 by 8:00 am. two (2) working days prior to commencement of the work. Typical submittals for residential work scheduled on Monday and Tuesday shall be submitted the previous Friday by 5:00 a.m. Submittals for full closures on residential streets shall be submitted one five (S) working days prior to the commencement of work. Project Specifications —Page 41 of 47 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Submittals for full closures on arterial and collector streets shall be submitted ten (10) working days 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 accepted. 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. See Revision of Sections 104 and 105. A Traffic Control Plan shall be submitted for each Arterial and each Collector street scheduled for work. Each residential area shall have one typical Traffic Control Plan submitted for the area. When changes to the Area Traffic Control Plan(s) are required, a re -submittal for the area shall be provided for approval. For required closures in a residential (i.e., closure for a crosspan repair) a separate submittal from the Area Traffic Control Plan shall be provided. The Traffic Control Plan shall include, as a minimum, the following: 1. A traffic control Approval Form shall be submitted with each traffic control plan. The Approval Form shall be legibly written and filled out completely. 2. A detailed diagram which shows the location of all sign placement-, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. 3. A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panels; vertical panels with lights; Type I, Type II, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panels. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. 4. Number of flaggers to be used. Flagger stations shall be located where approaching motorists, bicyclists, and pedestrians shall have sufficient distance to safely stop at the specified location. 5. Parking Restrictions to be in effect. 6. Detailed pedestrian and bicycle movement. 7. All applicable notes (i.e., sign spacing, taper length and posted speed limit, pedestrian routes, etc.) Approval of the proposed method of handling traffic does not relieve the Contractor of liability specifically assigned under this contract. Project Specifications —Page 42 of 47 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL FIGURE 630-1 TYPICAL TRAFFIC CONTROL PLAN OWNER CONTRACTOR TIC CONTROL COMPANY CANTACT NAME DATE PHONE* TCS CERTA SHEET# TABULATIONDEVICE 2 - ROAD WORK AHEAD 2- LEFT LANE CLOSED AHEAD 2 - TRANSITION(L) 4D - 29- TRAFFIC CONES TYPICAL LEFT LANE t Project Specifications —Page 43 of 47 NOT DRAWN TO SCALE REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL FIGURE 630-1 TYPICAL TRAFFIC CONTROL PLAN OWNER COLLECTOR STREETS -Shall include Flagging Personnel required for the road classification, control of cross traffic, and the Contractor's daily work activities in addition to the minimum signage required by the specifications. Approved Variable Message Boards may be required for collector streets and shall be paid for separately under "Variable Message Board". "Advance Warning Arrow Boards" or `Additional Flagging Personnel" may be requested by the Engineer and shall be paid for separately under "Advance Warning Arrow Boards" or "Additional Flagging Personnel". FIGURE 630-3 TYPICAL RESIDENTIAL TRAFFIC CONTROL PLAN Project Specifications —Page 44 of 47 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL DINNER CONTRACTOR TRAFFIC NOT DRAWN TO SCALE • O EVICE TABULATION 2 - ROAD WORK AHEAD 2- ONE LANE ROAD AHEAD 2-FLAGGER AHEAD 20. 2d" TRAFFIC CONES CONTROL COMPANY CANTACT NAME DATE PHONEp TCS CERTB SHEETN 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. 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 a current Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of certification for all personnel assigned to the prof ect(s) shall be provided to the City Traffic Department and the Engineer. The Traffic Control Supervisor shall have approved traffic control plans for the work site and current copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic control for street and highway construction, available on site at all times. Project Specifications —Page 45 of 47 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The TCS shall have a minimum of one year experience as a certified TCS. Qualdficatdons shall be submitted to the Engineer for approval a minimum offive (5) working days prior to commencement ofthe 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 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 ofthe Engineer during non -working hours. A 24 hour telephone number shall be provided to the Engineer. Outside of construction hours, the response time from the Engineers' contact shall be 30 minutes or less and correction of the issue(s) shall be one (1) hour or less. If, in the opinion of the Engineer, any traffic control individual does not perform their duties at or to the minimum industry standard, the Contractor will be required to replace that individual. TCS duties shall include, but are not 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 maybe 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 and are clean and legible. 7. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety, and orderly movement of traffic. 8. Break flaggers for short periods of no more than fifteen (15) minutes over a sixty (60) minute period. 9. Set up and removal of traffic control device. 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. The time of traffic control 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. The Engineer reserves the right to request traffic control personnel be replaced when, in the opinion ofthe Engineer, the minimum industry standards for performing duties are not being met on site. Project Specifications -Page 46 of 47 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL METHOD OF MEASUREMENT Subsection 630.15 shall be amended to include the following: Line item 630.04 "night work upcharge" shall be measured by the number of nights work is performed after normal working hours, typically extending from 9pm to 5am of the said working day. It is a one-time charge, meant to cover the costs of lighting stations, additional work site protection and safety requirements, asphalt plant costs, and the allocation of resources required for work at night. Traffic control shall be paid based on the monthly cost of the total actual work performed using the aforementioned traffic control cost percentage. The total cost of the work for the month shall be multiplied by the established percentage and shall be added to the monthly pay application. "Construction Zone Traffic Control" shall include the cost for all traffic control necessary to allow the Contractor to complete the Work on the corresponding streets as shown in Sections 02500, Quantity Estimate and Section 03500, Maps, as required herein, as referenced in Figure 630-1 Typical Traffic Control Plan, and as directed by the Engineer. The price shall include devices, personnel, and all related equipment, and for doing all Traffic Control work, unless noted herein. "Additional Variable Message Boards" shall be measured and paid per day per each only when requested by the Engineer for special circumstances not already included under another item. "Additional Flagging" 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. Flagging shall follow the current MUTCD standards and shall be included in the percentage price provided under line item 630.01. The quantity of flaggers shall be determined by the classification of the roadway (Arterial, Collector, and Residential) and the Contractors' flagging needs based on the work being performed. Flaggers shall be provided with hand signs such as Stop/Slow paddles and electronic communication devices when required. Flagging equipment and devices shall not be measured and paid for separately but shall be included in the cost of the work under the corresponding street classification including personnel break times. Batteries, electricity, fuel for lighting or warning devices, sand bags, fencing, and caution tape shall not be measured and paid for separately and shall be considered a subsidiary obligation in conjunction with the Work. Flagging outside of construction work hours and flagging stand by time shall not be measured and paid for separately unless authorized in writing by the Engineer. All costs associated with Traffic Control Plan review shall not be measured or paid for separately, but shall be considered incidental to the Work including review and re -submittal fees. 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 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 as approved by the Engineer, however, no payment shall be made for the additional panel size. Business signs, Neighborhood Traffic Only signs and detour placard street names are not considered Specialty Signs and shall not be measured or paid for separately but shall be included in the cost of the Work under the corresponding street classification. Project Specifications —Page 47 of 47 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that Martin Marietta Materials Inc (address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) 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 Six Million Two Hundred Forty Thousand Two Hundred Thirty -Eight Dollars and Eighty -Nine Cents ($6,240,238.89) 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 2"d day of April in the year of 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project,7222 Asphalt Overlay — 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. Rev10/20107 Section 00610 Page 1 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL "The City of Fort Collins Master Street Plan" map depicting the street classifications (Arterial, Collector, Residential) can be found at the following link: http://citvdoes.fcizov.conil?dt=Master+Street+Plan+Man&dn=GIS+MAPS&vid=192&cmd=showdt BASIS OF PAYMENT Subsection 630.16 shall be amended to include the following: Payment shall be made under: Pay Item Unit 630.01 Construction Zone Traffic Control Percent 630.02 Additional Variable Message Board Per Each Per Day 630.03 Additional Flagging Hour 630.04 Night Work up -charge Per Night The above prices and payments shall include full compensation for famishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in setup/removal/modification, notifications and delivery for Construction Zone Traffic Control including vehicles, phones, sandbags, hand signs, break times, as shown on the plans, as specified in these specifications, and as directed by the Engineer. 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 ARTERIAL AND COLLECTOR STREETS SHALL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF TWO (2) 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 ARTERIAL AND COLLECTOR STREETS BETWEEN THE HOURS OF 7:00 A.M. TO 6: 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 SHALL AUTHORIZE SUCH WORK AND SPECIFY THE REQUIRED DISTANCE FROM THE INTERSECTION. NOTE: TIME RESTRICTIONS ON S.H. 287 AND HWY 17 (COLLEGE AVENUE AND MULBERRY STREET EAST OF LEMAY) SHALL TYPICALLY BE RESTRICTED FROM 9:00 A.M TO 3:00 P.M. NOTE: CONSTRUCTION HOURS, EXCEPT FOR EMERGENCIES SHALL BE LIMITED TO 7:00 A.M. TO 6:00 P.M., MONDAY THROUGH FRIDAY EXCLUDING HOLIDAYS, UNLESS OTHERWISE AUTHORIZED IN WRITING BY THE ENGINEER. Project Specifications —Page 48 of 47 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. END OF SECTION Project Specifications —Page 49 of 47 Section 03000 - DETAILS Rock Sock (RS) Straw Bale Filter Gravel Filter Speed Hump Striping SC-5 D23 D24, D25 City of Fort Collins drawing attached Attachment A, B, and C Rock Sock (RS) SC-5 Description A rock sock is constructed of gravel that has been wrapped by wire mesh or a geotextile to form an elongated cylindrical filter. Rock socks are typically used either as a perimeter control or as part of inlet protection. When placed at angles in the curb line, rock socks are typically referred to as curb socks. Rock socks are intended to trap sediment from stormwater runoff that flows onto roadways as a result of construction activities. Appropriate Uses Rock socks can be used at the perimeter of a disturbed area to control localized sediment loading. A benefit of rock socks as opposed to other perimeter controls is that they do not have to be trenched or staked into the ground; therefore, they are often used on roadway construction projects where paved surfaces are present. Photograph RS-1. Rock socks placed at regular intervals in a curb line can help reduce sediment loading to storm sewer inlets. Rock socks can also be used as perimeter controls. Use rock socks in inlet protection applications when the construction of a roadway is substantially complete and the roadway has been directly connected to a receiving storm system. Design and Installation When rock socks are used as perimeter controls, the maximum recommended tributary drainage area per 100 lineal feet of rock socks is approximately 0.25 acres with disturbed slope length of up to 150 feet and a tributary slope gradient no steeper than 3:1. A rock sock design detail and notes are provided in Detail RS-1. Also see the Inlet Protection Fact Sheet for design and installation guidance when rock socks are used for inlet protection and in the curb line. When placed in the gutter adjacent to a curb, rock socks should protrude no more than two feet from the curb in order for traffic to pass safely. If located in a high traffic area, place construction markers to alert drivers and street maintenance workers of their presence. Maintenance and Removal Rock socks are susceptible to displacement and breaking due to vehicle traffic. Inspect rock socks for damage and repair or replace as necessary. Remove sediment by sweeping or vacuuming as needed to maintain the functionality of the BMP, typically when sediment has accumulated behind the rock sock to one-half of the sock's height. Once upstream stabilization is complete, rock socks and accumulated sediment should be removed and properly disposed. Rock Sock Functions Erosion Control No Sediment Control Yes Site/Material Management No November 2010 Urban Drainage and Flood Control District RS-I Urban Storm Drainage Criteria Manual Volume 3 November 2010 Urban Drainage and Flood Control District RS-I Urban Storm Drainage Criteria Manual Volume 3 SC-5 Rock Sock (RS) SS16- (MINUS) CRUSHED ROCK ENCLOSED IN WIRE MESH 1h" (MINUS) CRUSHED ROCK ENCLOSED IN WIRE MESH WIRE TIE ENDS { I1 ` 4' TO 6" MAX AT 10" ON BEDROCK OR ` GROUND SURFACE L CURBS, OTHERWISE L HARD SURFACE, 2" 5"-10" DEPENDING IN SOIL ON EXPECTED SEDIMENT LOADS ROCK SOCK SECTION ROCK SOCK PLAN ANY GAP AT JOINT SHALL BE FILLED WITH AN AOEQUArE AMOUNT OF 1.�" (MINUS) CRUSHED ROCK AND WRAPPED ROCK SOCK, WITH ADDITIONAL WIRE MESH SECURED TO ENDS OF ROCK REINFORCED SOCK. AS AN ALTERNATIVE TO FILLING JOINTS TYP BErWEEN ADJOINING ROCK SOCKS WITH CRUSHEO ROCK AND 12" 12" ADDITIONAL WIRE WRAPPING, ROCK SOCKS CAN BE OVERLAPPED (TYPICALLY 12-INCH OVERLAP) TO AVOID GAPS. ROCK SOCK JOINTING ROCK SOCK INSTALLATION NOTES 1. SEE PLAN VIEW FOR: -LOCATIONS) OF ROCK SOCKS GRADATION TABLE SIEVE SIZE MASS PERCENT PASSING SOUARE MESH SIEVES NO. 4 2 100 0Y. 90 - 100 1 20 - 55 3/4 0 - I5 0 - 5 MATCHES SPECIFICATIONS FOR NO. 4 COARSE AGGREGATE FOR CONCRETE PER AASHTO M43. ALL ROCK SHALL BE FRACTURED FACE, ALL SIDES. 2. CRUSHED ROCK SHALL BE 05" (MINUS) IN WE WITH A FRACTURED FACE (ALL SIDES) AND SHALL COMPLY WITH GRADATION SHOWN ON THIS SHEET (Ih- MINUS). 3. WIRE MESH SHALL BE FABRICATED OF 10 GAGE POULTRY MESH, OR EOUIVALENT, WITH A MAXIMUM OPENING OF h-, RECOMMENDED MINIMUM ROLL WIDTH OF 48" 4. WIRE MESH SHALL BE SECURED USING "HOG RINGS" OR WIRE TIES AT 6" CENTERS ALONG ALL JOINTS AND AT 2" CENTERS ON ENDS OF SOCKS. 5. SOME MUNICIPALITIES MAY ALLOW THE USE OF FILTER FABRIC AS AN ALTERNATIVE TO WIRE MESH FOR THE ROCK ENCLOSURE. RS-1. ROCK SOCK PERIMETER CONTROL RS-2 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Rock Sock (RS) SC-5 ROCK SOCK MAINTENANCE NOTES 1. INSPECT BMPS EACH WORKDAY, AND MAINTAIN THEM IN EFFECTIVE OPERATING CONOITION. MAINTENANCE OF BMPS SHOULD BE PROACTIVE, NOT REACTIVE. INSPECT BMPS AS SOON AS POSSIBLE (AND ALWAYS WITHIN 24 HOURS) FOLLOWING A STORM THAT CAUSES SURFACE EROSION, AND PERFORM NECESSARY MAINTENANCE 2. FREQUENT OBSERVATIONS AND MAINTENANCE ARE NECESSARY TO MAINTAIN 8MPs IN EFFECTIVE OPERATING CONDITION. INSPECTIONS AND CORRECTIVE MEASURES SHOULD BE DOCUMENTED THOROUGHLY. 3. WHERE BMPS HAVE FAILED. REPAIR OR REPLACEMENT SHOULD BE INITIATED UPON DISCOVERY OF THE FAILURE. 4. ROCK SOCKS SHALL BE REPLACED IF THEY BECOME HEAVILY SOILED, OR DAMAGED BEYOND REPAIR. 5. SEDIMENT ACCUMULATED UPSTREAM OF ROCK SOCKS SHALL BE REMOVED AS NEEDED TO MAINTAIN FUNCTIONALITY OF THE BMP, TYPICALLY WHEN DEPTH OF ACCUMULATED SEDIMENTS IS APPROXIMATELY ) OF THE HEIGHT OF THE ROCK SOCK. 6. ROCK SOCKS ARE TO REMAIN IN PLACE UNTIL THE UPSTREAM DISTURBED AREA 15 STABILIZED AND APPROVED BY THE LOCAL JURISDICTION. 7. WHEN ROCK SOCKS ARE REMOVED, ALL DISTURBED AREAS SHALL BE COVERED WITH TOPSOIL. SEEDED AND MULCHED OR OTHERWISE 57ABILIZED AS APPROVED BY LOCAL JURISDICTION. (DETAIL AOAPTLD FROM TOWN OF PARKER, COLORADO AND CITY Of AURORA, COLORADO, NOT AVAILADLE IN AUTOCAO) NOTE: MANY JURISDICTIONS HAVE 8MP DETAILS THAT VARY FROM UOFCO STANDARD DETAILS. CONSULT WITH LOCAL JURISDICTIONS AS TO WHICH DETAIL SHOULD BE USED WHEN DIFFERENCES ARE NOTED. THE DETAILS INCLUDED WITH THIS FACT SHEET SHOW COMMONLY USED, CONVENTIONAL METHODS OF ROCK SOCK INSTALLATION IN THE DENVER METROPOLITAN AREA THERE ARE MANY OTHER SIMILAR PROPRIETARY PRODUCTS ON THE MARKET. UDFCO NEITHER NDORSES NOR DISCOURAGES USE OF PROPRIETARY PROTECTION PRODUCTS; HOWEVER, IN THE EVENT PROPRIETARY METHODS ARE USED, THE APPROPRIATE DETAIL FROM THE MANUFACTURER MUST BE INCLUDED IN THE SWMP AND THE BMP MUST BE INSTALLED AND MAINTAINED AS SHOWN IN THE MANUFACTURER'S DETAILS. November 20I0 Urban Drainage and Flood Control District RS-3 Urban Storm Drainage Criteria Manual Volume 3 Area Inlet with Grata - 7 a a r _ C ti� O C O C 1 Sfr'lu 8afos Staked WiLh 2 SEakeS Per Bale A _I A o a 40 R o 0 p' O O 0 O 1111111 R A a B O O a O ,,- t,-- I. f 1 PLAN VIEW Staka rTwine Runoff F. . ,I �• f'' , ►...,..� compacted Soil { i X Filtered Watzr� 5FcrioN A -A 3eneral Notes: 1. Wedge loose straw between the staked bales. 2. Inspect and repair filters after each storm event, Remove sediment when one half of the filter depth has been filled. Removed sediment shall be deposited in an area tributary to a sediment basin or other filtering measure, 3. Sediment shall be removed immediately from traveled way of roads. FIGURE. 6.2 a AREA INLET FILTER STRAW BALES CITY OF;FORT COLLINS, COLORADO STORMWATER UTILITY APPROVED BY: DATE: REVISIONS D-23 Wire Screen — (App*nz. X2'Mesi.) f G rcv01 F71%er PLAN VIEW Concrete Block . / .✓ei Filter Overfloui, ( ConcrotaBIock r-1 r--Wire Screen Runor� IG'CJlCi10 Gravel Filter ti�,���a ' I=�+"► Fi ltore,� LA Weter _J SECTION A -A General Notes: t. Inspect and repair filters after each storm event. Remove sediment when one half of the filter depth has been filled. Removed sediment shall be deposited in an area tributary to a sediment basin or other filtering measures. 2. Sediment and gravel shall be immediately removed from traveled way of roads. FIGUU. 6.3 AREA INLET FILTER GRAVEL CITY OF FORT COLLINS, COLORADO STORMWATER UTILITY A?ccOVED BY: DATE: S ON D-24 PAGE sz G_rzve{ `ili (Apvrox_ Didr7�et2r j (npprox.�%i;Mesh) Q 1"— 2)cG N6 Scree rt-- ' `-IA —revel F:Ikzr PLAN VIEW Cyers` low — _11ler24 'IV Rtmorr—, r' Wire Sareen--t Vw �'x4"Wcod S::,c S: i ION A -A GenEfat Notes. 1. Inspect and repair filters after each storm event. Remove sediment when one half of the filter depth has been filled. Removed sediment shall be de- posited in an area tributary to 2 sedi- ment basin or other filtering measure. 2. Sediment and gravel shall be immediately removed from traveled way of roads. FTT-GUR? 6.4 d CURB INLET FILTER GRAVEL CITY OF FORT COLLINS, COLORADO f STORMWATER UTILITY ! ;PPROVED ,sy: DATE; REVISIG,NS: ID-25 Top View Side View City of Fort Collins 22' Speed Bump 3/21/13 page of Asphalt E Drive Lane j Taper m z n m m Flat Surface a � c U � Taper ( 1 foot 22 feet 3.5 inches (+l- .5") I SECTION 00615 PAYMENT BOND Bond No. 016065027 KNOW ALL MEN BY THESE PRESENTS: that Martin Marietta Materials Inc (address) 1800 N. Taft Hill Road, Fort Collins, Colorado 80521 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and Liberty Mutual Insurance Company (Firm) 450 Plymouth Road, Suite 450, Plymouth, Pennsylvania 19462 (Address) 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 Six Million Two Hundred Forty Thousand Two Hundred Thirty -Eight Dollars and Eighty -Nine Cents ($6 240 238.89) 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 2nd day of April in the year of 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7222 Asphalt Overlay — 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. Rev 10120107 Section 00615 Page 1 I of 3 AiiatcWmeov4r A Preklark®SA 90 SPECIFICATION PREFORMED THERMOPLASTIC PAVEMENT MARKINGS I of 2 USE: A durable, retroreflective pavement marking material suitable for use as roadway, intersection, commercial or private pavement delineation and markings. I.I. The markings must be a resilient white or yellow thermoplastic product with uniformly distributed glass beads throughout the entire cross sectional area. The markings must be resistant to the detrimental effects of motor fuels, lubricants, hydraulic fluids, antifreeze, etc. Lines, legends and symbols are capable of being affixed to bituminous and/or portland cement concrete pavements by the use of the normal heat of a propane torch. Other colors shall be available as required. 1.2. The markings must be capable of conforming to pavement contours, breaks and faults through the action of traffic at normal pavement temperatures. The markings shall have resealing characteristics, such that it is capable of fusing with itself and previously applied thermoplastic when heated with the torch. 1.3. The markings shall not have minimum ambient and road temperature requirements for application, storage, or handling. 2. MANUFACTURING CONTROL AND ISO CERTIFICATION: The manufacturer must be ISO 9001:2008 certified and provide proof of current certification. The scope of the certification shall include manufacture of preformed thermoplastic marking materials. 3. MATERIAL: Must be composed of an ester modified rosin resistant to degradation by motor fuels, lubricants etc. in conjunction with aggregates, pigments, binders and glass beads which have been factory produced as a finished product, and meets the requirements of the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways. The thermoplastic material conforms to AASHTO designation M249, with the exception of the relevant differences due to the material being supplied in a preformed state. 3.1. Graded Glass Beads: 3.1.1. The material must contain a minimum of thirty percent (30%) intermixed graded glass beads by weight. The intermixed beads shall be conforming to AASHTO designation M247, with minimum 80% true spheres and minimum refractive index of 1.50. 3.1.2. The material must have factory applied coated surface beads in addition to the intermixed beads at a rate of I lb. (t 10%) per 10 sq. R. These factory applied coated surface beads shall have a minimum of 90% true spheres, minimum refractive index of 1.50, and meet the following gradation. Size Gradation Retained, % Passing, % US Mesh pill 12 1700 0 - 2% 98 - 100% 14 1400 0 - 3.5% 96.5 - 100% 16 1180 2 - 25% 75 - 98% 18 1000 28 - 63% 1 37 - 72% 20 850 63 - 72% 28 - 37% 30 600 67 - 77% 23 - 33% 50 300 89 - 95% 5 - I 1 % 80 200 97-100% 0 - 3% 0622 10 PreMark9SA 90 3.2. Pigments: 2of2 3.2.1. White: The material shall be manufactured with sufficient titanium dioxide pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as revised and corrected. 3.2.2. Red, Blue, and Yellow: The material shall be manufactured with sufficient pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as revised and corrected. The yellow pigments must be organic and must be heavy-metal free. 3 2.3. Other Colors: The pigments must be heavy-metal free. 3.3. Healine indicators: The top surface of the material (same side as the factory applied surface beads) shall have regularly spaced indents. These indents shall act as a visual cue during application that the material has reached a molten state so satisfactory adhesion and proper bead embedment has been achieved and a post -application visual cue that the installation procedures have been followed. 3.4. Skid Resistance: The surface, with properly applied and embedded surface beads, must provide a minimum resistance value of 45 BPN when tested according to ASTM E 303. 3.5. Thickness: The material must be supplied at a minimum thickness of 90 mils (2.29 mm). 3.6. Versatility: As an option, turn arrows and combination arrows may come without surface applied glass beads, thus facilitating the use of those arrows as either left or right indicators, thereby reducing inventory requirements. 3.7. Environmental Resistance: The material must be resistant to deterioration due to exposure to sunlight, water, salt or adverse weather conditions and impervious to oil and gasoline. 3.8. RetroreflCCtiVitV: The material, when applied in accordance with manufacturer's guidelines, must demonstrate a uniform level of sufficient nighttime retroreflection when tested in accordance to ASTM E 1710. The applied material must have an initial minimum intensity reading of 500 mcd•m'•Ix'' for white and 300 mcd-m 2-lx 1 for yellow as treasured with an LTL-2000 or LTL-X Retroreflectometer. Note: Initial retroreflection is affected by the amount of heat applied during installation. When ambient temperatures are such that greater amounts of heat are required for proper installation, initial retroreflection levels may be affected. 4. APPLICATION: 4.1. AAs halt: The materials shall be applied using the propane torch method recommended by the manufacturer. The material must be able to be applied without minimum requirements for ambient and road temperatures and without any preheating of the pavement to a specific temperature. The material must be able to be applied without the use of a thermometer. The pavement shall be clean, dry and free of debris. Supplier must enclose application instructions in English and Spanish with each box/package. 4.2. Portland Cement Concrete: The same application procedure shall be used as described under Section 4.1. However, a compatible primer sealer shall be applied before application to assure proper adhesion. 5. PACKAGING: The preformed thermoplastic markings shall be placed in protective plastic film with cardboard stiffeners where necessary to prevent damage in transit. Linear material must be cut to a maximum of 3' long pieces. Legends and symbols must also be supplied in flat pieces. The cartons in which packed shall be non-retumable and shall not exceed 40" in length and 25" in width, and be labeled for ease of identification. The weight of the individual carton must not exceed seventy (70) pounds. A protective film around the box must be applied in order to protect the material from rain or premature aging. TECHNICAL SERVICES: The successful bidder shall provide technical services as required. PERFORMANCE: The preformed thermoplastic markings shall meet state specifications and be approved for use by the appropriate state agency. 06.22 10 1160 SERIES A*+"XvAnV WATERBORNE ACRYLIC TRAFFIC PAINT (TTP-1952E TYPE II) 1160 Series is a 100% acrylic waterborne traffic paint formulated to deliver extraordinary performance. It is extremely fast drying over a broad range of application conditions and has excellent durability. 1160 Series is recommended for striping long line traffic markings on roads and highways. or other traffic surfaces including parking lots, driveways, sidewalks and runways. It may be applied over asphalt, Portland cement and concrete pavement. 1160 Series is available in white, lead-free yellow, black, red, blue and green. TECHNICAL DATA Property 1160 1166 Other White iF Yellow Colors Pigment, 60 60 60 % by weight, Minimum Total Solids 77 77 76 % by weight, Minimum Nonvolatile Veliicle 42 42 42 % by weight, Minimum Weight 14 13.6 13.5 per gallon, Ibis (+/-0.3) Viscosity 80-95 80-95 80-95 * 77° F, KU Grind (Hagman Gauge) 4 4 4 Minimum Contrast Ratio 0.95 0.92 0.92 5 mil wet, Minimum Directional Reflectance 90 50 NA 5 mil wet. Minimum Field Test Time 20-90 20-90 20-90 No track time 6 ambient conditions, seconds Dry Through Time 125 125 125 15 mils wet @ 90%RH, Minute, Max ASTM D-711 No Pick Up Time, 10 10 10 without Beads, minutes. Max ASTM D-711 Thinner Water Water Water VOC g/I, Max 100 100 100 SWARCO I First in Traffic Solutions. ADVANTAGES • Superior durability. • Excellent adhesion • Fast drying under a wide range of climatic conditions. • Remains flexible over time. • Can be applied with conventional or airless spray equipment. • No thinning for application. PACKAGING • 1 gallon can • 5 gallon pail • 55 gallon drum • 250 gallon tote COVERAGE • 100 square feet per gallon at 15 mil wet film • 300 linear feet of 4" line per gallon at 15 mil wet film. 1160 SERIES WATERBORNE ACRYLIC TRAFFIC PAINT (TTP-1952E TYPE II) SURFACE PREPARATION In general, coating performance is in direct proportion to the quality of the surface preparation. Before applying coatings, the surface should be clean and dry. The surface must be free of oil, grease, gasoline and moisture. APPLICATION • Do not apply when the temperature is below 50°F. • Do not heat coating in striping system above 110°F. • Do not apply first coat over fresh asphalt at more than 7 mils wet. • Allow first coat to dry before applying second coat. • New asphalt and concrete must be allowed to cure for a minimum of 30 days before application of product. • Do not leave water or water mixed with non -subsiding cleaner for more than 24 hours in spray equipment. It is re- commended to use a mixture of glycol solution and water for storing spray equipment longer than 72 hours. • Surface temperature must be at least 50F above dew point to prevent condensation. • DO NOT MIX WITH WATER. This product comes ready mixed. GOVERNMENT SPECIFICATIONS • Meets Federal Sid. 141D and American Standard Test Method (ASTM) • Meets FS TTP-1952E Type II • Meets Caltrans PTWB-01 R2 MIXING To get an even coverage of paint pigment, the paint should be agitated for 10-15 minutes. It necessary, strain the paint and remove any skins before mixing. Do not attempt to mix hardened paint films with liquid paint ENVIRONMENTAL •a Meets SCAQMD RUIe 1113. • Dry paint chips are non -toxic • Meets Federal Clean Air Act Regulations CLEAN UP Immediately clean all equipment after use with fresh water to remove any partially dried material, If paint is dry. a solvent may be necessary but be careful not to contaminate this and all waterborne paints with solvents. SAFETY PRECAUTIONS For industrial use only. Not for residential use. See and read MSDS and product labels before use. Safety precautions must be strictly followed during storage, handling and use. SHELF LIFE Water base paints are best utilized within 3 months of delivery but remains usable for 12 months. WARRANTY Colorado Paint warrants to the purchaser, for 6 months from the date of manufacturing, that this product when applied according to Colorado Paint Application Instructions, shall be manufactured without defects. This limited warranty covers material replacement only. Excluded from coverage is labor. any damage to the application surface or any failure of the coating caused other than by defects in the material. COLORADO PAINT COMPANY 4747 Holly Street, Denver, CO 80216, U.S., T +1-303-388-9265, F. + 1 -303-388-0881, www. coloraclopaint. corn At+Mx***AP C. Description This specification covers glass spheres for application on water borne traffic paint markings for the production of retroreflective pavement markings. The glass spheres shall be transparent, colorless and free from milkiness, dark particles or carbon residues, and excessive air inclusions. All +20 mesh beads shall be produced from virgin glass by direct melt methods. The glass spheres shall be free of hard lumps and clusters and shall dispense readily under any conditions suitable for paint striping. Specific Sphere Requirements A. Gradation Glass spheres for regular waterborne traffic paint The glass spheres for regular waterborne traffic paint shall meet the gradation requirements for type as given below: Sieve Size Percent Passing 14 100 16 99-100 20 75- 95 30 55- 85 50 10- 35 100 0- 5 D. Coating The spheres shall have a Dual Coating. The coating shall have both a moisture resistant coating and an adhesion promoting coating. The beads shall pass the moisture resistance test and the adherence coating test. B.Roundness The glass spheres shall have a minimum of 80 percent true spheres. C. Refractive Index The glass spheres shall have a minimum refractive index of 1.50. SECTION 03500 PROJECT MAPS In alphabetical order: • Capitol Hill • Horsetooth Central • Oakridge 2 • Prospect Estates • Stone Ridge • Taft Hill 2 • W Magnolia • W Swallow Fort Collins Streets ,egend —Surface treatment —Reconstruct —Overlay —Concrete pavement I � c c m Cape Beech St w ti N N 3 a m U y a a� z Z Cape Columbine Ct Juniper Ct Ra m m U ,Fr Z W, STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 9 of 46 N Revised November 25, 2014 w _ r: s W U J Q a POL m a Ave Cape I'N a POL -MEM Cherry St I st Capitol Hill I Fort Collins 1 Streets Legend Surface treatment —Reconstruct Overlay —Concrete pavement STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 21 of 46 N Revised November 25, 2014 w E s Horsetooth central City of F„�ort Collins Streets ,egend —Surface treatment —Reconstruct Overlay ®Concrete pavement ell Ct �o t yU POL Boardwalk or Boardwalk Dr 8_etiedere Ct Ew s�Q Milan Te re Or STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 27 of 46 N Revised November 25, 2014 W E S m a' 2 Haxton or Oakridge Or� 0 0 � C) / o CL � 1 0 1 O` 0 Or � Silk pack Hr,�s/eyCr Oak Ct POL A OaF �1 sn Oak Or � QO O��O� Live Oak Ct QOV A O! POL �a POL POL Q� Red ro Oak Ct POL Oak Ct ' Cl) Sawtooth Oak Ct �Wm QO1- h Q O Spanish m Oak Ct w 6 m POL 7winberrY Ct PON, Oak Leaf Ct �Ac 5 jo poL v POL r keep/d AO nyOr 3 POL �0a 9 m0� S J Ov :t Fairway ri co Five Dr Monte Carlo or V QO'A Ct �s0 Globe Ct c i o' C� �-- Vreltleaf ct Oakridge City of Fort Collins Streets Legend Surface treatment —Reconstruct Overlay ®Concrete pavement Hobbit Sl W Prospect Rd POL STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 29 of 46 N +t S Blevins Ct Revised November 25, 2014 rn n ti Prospect Estates PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration cr 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. 1N WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 4thday of May 2015. IN PRESENCE Todd Crump, Insurance Manager (Corporate Seal) IN PRESENCE OF: Principal Byron Creech, Vice President and Treasurer (Title) 2710 Wycliff Road, Raleigh, NC 27607 (Address) Other Partners IN PfRESENCE Of: Surety � Rebeca L. Gomez Porras, Attorney -In -Fact Todd Crump, Insurance Manappr By. 4309 Fmnernr Rlvd , Ilurham, NC 27703 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should execute Bond. Rev10120/07 Section 00610 Page 2 City of Fort Collins Streets Legend —Surface treatment —Reconstruct —Overlay ®Concrete pavement ,q Red Cloud Ct 5 boo Mo�nte�o t �3 3 Maroon Ct O Little Bear Ct STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 38 of 46 N Revised November 25, 2014 w r s 1 m co �U O O t, �t Percheron Dr a ?i POL PO4 Ai m U G � C O N N /f l U 3 7 U m r Q U 3 � c m o � c � QO A o ✓� POL � E cry`oca O� Q N <o O` s a L PO a s ea o1- l oe ac We�z�s�o� a h v a Brownstone ct gtaoksrone D J POL Blackstone Ct pOL o` o POL 0 E Horsetooth Rd N N n g U � p �U m n ~ �..� Mteiope Rd r^.�--"j -�__ �.-4_ 01 IJ �-.--- — _._' __.. - - - --_ - of ' J O Cat gton ct Ra teGk 'rr&ak Rd f [ Eastgate Ln _ - _ I M Jfelf Rochdale Ct { carnngron L Stone Ridge II� 0 Cn < O a 0)CD 1 3 CD II O (D 0 O fD CD 'O O N -n+ CD 3 (D 7 on 0 rr cno V I CA M m m f --I D n Z N � om �Z �+ D 3Z n �m CD =� o'� O 'a O a � CD D Z o � � 3 O 0 Q 0 ^ 0 Cl) N ~`n3 � �* Fort CollinStreetss _egend —Surface treatment —Reconstruct —Overlay ®Concrete pavement STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 42 of 46 N Revised November 25, 2014 W+ E W Magnolia City of F„6rt Collins Streets [Legend Surface treatment —Reconstruct Overlay Concrete pavement STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 43 of 46 N Revised November 25, 2014 S W Swallow SECTION 04000 EROSION CONTROL AND INLET PROTECTION INDEX OF EVIRONMENTAL STANDARD OPERATING PROCEEDURES (ESOP) New Construction Activities for Municipalities 1 of 2 Street, Curb, and Gutter Replacement and Construction 1 of 3 Street, Curb, and Gutter Maintenance 1 of 3 Spill Prevention and Response 1 of 4 Utility and Storm Sewer System Maintenance 1 of 4 Utility and Storm Sewer System Replacement and Construction 1 of 3 Power Washing 1 of 2 Vehicle Fueling 1 to 3 Outdoor Fleet Maintenance 1 of 4 Heavy Equipment and Vehicle Maintenance 1 of 4 New Construction Activities for For More Information Name Municipalities Address City, State Description Phone This fact sheet covers new construction activities disturbing less e-mail than one acre not subject to a CDPS Construction permit. New construction includes, but is not limited to buildings, structures, Possible Pollutants capital improvements, roadways, and recreational components Sediment such as trails, restrooms, and other structures. Procedures Chemicals provided are general in nature and can be applied to any scale Organics or type of municipal construction. Trash When services are contracted, this written procedure should be Good Housekeeping provided to the contractor so they have the proper operational Waste Management procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, Employee/Contractor Training state, and federal codes, laws, and regulations. Proper Cleanup and Disposal Procedures Procedures Related Procedures Obtain all applicable federal, state, and local permits for Heavy Equipment and Vehicle construction projects. Maintenance ■ The Colorado Stormwater Construction General Parks and Open Space permit applies to construction sites disturbing one Maintenance acre or more, or less than one acre but part of a larger Spill Prevention and Response common plan of development. Street, Curb, and Gutter Replacement and A larger common plan of development is defined as Construction a contiguous area where multiple separate and Utilities and Storm Sewer distinct construction activities may be taking place at System Replacement and different times on different schedules under one Construction plan. Vehicle Fueling ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be Page 1 of 2 • 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 involved in these activities should be used efficiently Organics 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 contract should specify that the contractor is Dumpster/Waste Management responsible for abiding by all applicable municipal, Employee/Contractor Training state, and federal codes, laws, and regulations. Proper cleanup and disposal procedures Procedures Dry cleaning methods General Related Procedures . Obtain all applicable federal, state, and local Spill Prevention and Response permits for construction projects. Street Sweeping The Colorado Stormwater Construction Street Sweeper Cleaning and General permit applies to construction sites Waste disturbing one acre or more, or less than one Street, Curb and Gutter acre but part of a larger common plan of Maintenance development. ■ A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. • Applicable sediment and erosion controls 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. Page 2 of 3 • 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 Shill 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. SECTION 00610 PERFORMANCE BOND Bond No. 016065027 KNOW ALL MEN BY THESE PRESENTS: that Martin Marietta Materials Inc (address) 1800 N. Taft Hill Road, Fort Collins, Colorado 80521 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and Liberty Mutual Insurance Company (Firm) (Address) 450 Plymouth Road, Suite 450, Plymouth, Pennsylvania 19462 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 Six Million Two Hundred Forty Thousand Two Hundred Thirty -Eight Dollars and Eighty -Nine Cents ($6.240,238.89) 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 2n6 day of April in the year of 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project,7222 Asphalt Overlay — 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. Rev10/20/07 Section 00610 Page 1 Street, Curb, and Gutter For More Information Name Maintenance Address City, State Description Phone Street, curb, and gutter activities include concrete and e-mail asphalt installation, maintenance, repair, and replacement; bridge maintenance; and painting and Possible Pollutants striping. Procedures involving the maintenance of Fine-grained sediment streets, curbs, and gutters have the potential to impact Organics stormwater quality. Materials involved in these Oil activities should be used efficiently and disposed of Saw -cut slurry properly. Trash When services are contracted, this written procedure Good Housekeeping should be provided to the contractor so they have the Dumpster/waste Management proper operational procedures. In addition, the Employee/Contractor Training contract should specify that the contractor is Proper cleanup and disposal responsible for abiding by all applicable municipal, procedures state, and federal codes, laws, and regulations. Dry cleaning methods Procedures Related Procedures General Spill Prevention and Response • Protect storm drain inlets and drains with curb Street Sweeping socks, rock berms, inlet protection, or drain Street Sweeper Cleaning and covers/mats prior to any maintenance activity. Waste When saw cutting ensure that no slurry enters the storm drain, let the slurry dry, sweep it up, and properly dispose of the sweepings. • Do not perform concrete or asphalt patch work during wet conditions whenever possible. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Monitor equipment for leaks and use drip pans as necessary. • Sweep or vacuum the roadway once maintenance activities are complete. Bridge Maintenance • Do not transfer or load any materials directly over waterways. • Secure lids and caps on all containers when on bridges. • Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Maintenance Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Maintenance Sweep to minimize sand and gravel from new asphalt from getting into storm drains, streets, and creeks. • Do not allow asphaltic concrete grindings, pieces, or chunks used in embankments or shoulder backing to enter any storm drain or watercourses. Apply temporary perimeter controls. Install silt fence until the structure is stabilized or permanent controls are in place. • Whenever possible, recycle broken asphalt. If impossible, dispose of as solid waste. Drainage inlet structures shall be covered with inlet protection during application of seal coat, tack coat, slurry seal, and/or fog seal. Painting and Striping • If possible, schedule painting and striping projects during dry weather. Use thermoplastic or epoxy markings in place of paint whenever feasible. • The pre -heater for thermoplastic striping and the melting tanks used during pavement marking must be filled carefully to prevent splashing or spilling of materials. Leave 6 inches at the top of pre -heater and the melting tanks to allow room for material to move and splash when vehicles are deadheaded. Employee Training • Train applicable employees who perform street, curb, and gutter maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter maintenance. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. Spill Prevention and For More Information Name Response Address City, State Description Phone Due to the type of work and the materials involved, many e-mail activities that occur either at a municipal facility or as part of municipal operations have the potential for accidental Possible Pollutants spills. Some municipal facilities operate under Spill Chemicals Prevention Control and Countermeasures (SPCC) plans Toxics that include procedures for spill response. Proper spill Oil response planning and preparation enables employees and Paint contractors to effectively respond to problems and Fuel minimize the discharge of pollutants to the storm sewer system. Good Housekeeping When services are contracted, this written procedure Waste Management should be provided to the contractor so they have the Employee/Contractor Training proper operational procedures. In addition, the contract Proper cleanup and disposal should specify that the contractor is responsible for procedures abiding by all applicable municipal, state, and federal Related Procedures codes, laws, and regulations. Fertilizer, Pesticide, and Herbicide Application Procedures Heavy Equipment and Vehicle Spill Prevention Maintenance • Keep work areas neat and well organized. Material Storage • Maintain a Material Safety Data Sheet (MSDS) for Materials Management each hazardous chemical. Follow the Outdoor Outdoor vehicle Maintenance Material Storage procedures. Vehicle Fueling Provide tight fitting lids for all containers. Keep containers clearly labeled. Labels should provide name and type of substance, stock number, expiration date, health hazards, handling suggestions, and first aid information. Store containers, drums, and bags away from direct traffic routes to prevent accidental spills. • Inspect storage containers regularly for signs of leaking or deterioration. • Replace or repair leaking storage containers. • Use care to avoid spills when transferring materials from one container to another. Page 1 of 4 • Use powered equipment or get assistance when moving materials to and from a storage area. Use care to prevent puncturing containers with the equipment. • Do not wash down or hose down any outdoor work areas or trash/waste container storage areas except where wash water is captured and discharged into the sanitary sewer (if approved). • Conduct periodic inspections to ensure that materials and equipment are being handled, disposed/recycled, and stored correctly. • Provide adequate spill kits or lockers with sufficient equipment and supplies necessary for each work area where the potential for spills or leaks exists. • Inspect each spill kit or locker regularly and after each spill response. Replace any spent supplies or repair any equipment that is worn or not suitable for service. • Stock adequate personal protective equipment. Spill Response Safety Consider safety at all times. Anticipate and avoid all likely hazards. Never approach, contact, or sample an unknown substance. If a highly toxic or flammable substance is discovered, staff should leave the immediate area and contact the appropriate identified response authority, such as the fire department. If there is any question about a substance, contact the appropriate identified response authority or other designated representative. Procedures • Stop the leading edge of the spill. Block or divert the spill to avoid discharge to the storm sewer system and to minimize the area requiring cleanup. • Determine the source of the spill and stop the spill at its source by closing a valve, plugging a leak, or setting a container upright. Transfer material from a damaged container. • Identify the material and volume spilled. Contact the appropriate identified response authority or other designated representative if you cannot identify the material and its properties. • Refer to the MSDS to determine appropriate personal protective equipment, such as gloves and safety glasses and appropriate cleanup methods. • Clean up spills immediately to prevent spreading of wastes by wind, rain, and vehicle traffic and potential safety hazards. • Use sand absorbents or socks, pillows, or pads to quickly capture spilled liquid and properly dispose of all clean-up materials. Use dry clean-up methods only. • Complete all necessary reports. 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 h=://www cdphe state co us/op/wgcc/Resources/Guidance/slillizuidance pdf and hft://www.cdphe.state.co.us/hm/spiRsandreleases.htm Employee Training • Train applicable employees who perform spill prevention and response on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform spill prevention and response activities. Records The following records could be used to document activities performed: • Records of any major spills and the action taken. • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Good Housekeeping, No Date. City of Centennial, Department of Public Works: Materials Management, No Date. City of Centennial, Department of Public Works: Spill Prevention and Control, No Date. City of Golden, 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. For More Information Utility and Storm Sewer Name System Maintenance Address City, State Phone Description This procedure addresses utility and storm sewer system e-mail maintenance. Utilities include power, sanitary sewer, Possible Pollutants water conveyance systems, and the storm sewer system. Sediment Power includes electrical and gas utilities. Maintenance Nutrients of power may require excavation and reinstallation of Metals lines including open cut trenching or directional boring Hydrocarbons in landscaped areas or street right of way. Electrical and Trash gas line maintenance ensures services are provided to Good Housekeeping businesses and households without interruption. Waste Management The sanitary sewer system is cleaned as part of routine maintenance and on an emergency basis. Without Employee/Contractor Training proper maintenance, sanitary sewer back-ups and Proper Cleanup and Disposal overflows may occur and can result in potential property Procedures damage and significant health concerns if not properly Related Procedures managed. Heavy Equipment and Vehicle Water conveyance systems are flushed and pressure Maintenance tested as part of routine maintenance. Potable water Parks and Open Space systems must be properly maintained to ensure delivery Maintenance of water that meets State and Federal health standards. Spill Prevention and Response Failures result in water main breaks that can cause Street, Curb, and Gutter property damage including erosion. Replacement and Construction The storm sewer system is cleaned as part of routine Utilities and Storm Sewer maintenance and on an emergency basis in the event of System Replacement and flooding. Maintenance will remove pollutants and Construction ensure the system functions properly to avoid flooding. Vehicle Fueling Flooding, 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 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00300 Bid Form 00300-1 - 00300-3 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS Rev10/20/07 Section 00020 Page 1 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 nc 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 4th day of May, 2015. IN PRESENCE F: (Corporate Sea]) IN PRESENCE OF: Principal) / By:�! •:;m.Tarr�sa. 2710 Wycliff Road, Raleigh NC 27607 (Address) Other Partners IN PRESENCE OF: Surety 4'I'd e-ez� By Rebeca L. G6mez Porraass, Attorney -In -Fact Todd Crump. Insurance Manager By: 4309 Emperor Blvd.. Durham NC 27703 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev 10/20/07 Section 00615 Page 2 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 Utility and Storm Sewer For More Information Name System Replacement and Address Construction City, State Phone Description e-mail 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 • The Colorado Stormwater Construction Parks and Open Space Maintenance General permit applies to construction sites Spill Prevention and Response disturbing one acre or more, or less than one acre but part of a larger common plan of Street, Curb, and Gutter development. Replacement and Construction A larger common plan of development is Utilities and Storm Sewer defined as a contiguous area where multiple System Replacement and separate and distinct construction activities Construction may be taking place at different times on Vehicle Fueling different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Page 1 of 3 • Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, sediment control logs, check dams and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and / or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Where feasible, grading activities will be scheduled during dry weather. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. Emergency Repair and Replacement Emergency Discharges are defined as situations in which it is not possible to implement all of the available BMPs due to the uncontrolled nature of the discharge. The primary focus during these events is to identify and mitigate the cause as soon as possible. Clean up of resulting sediment or other pollutants will be performed as soon as practicable following the emergency. Refer to the Spill Prevention and Response procedure for reporting requirements. Page 2 of 3 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 FCollins ort 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 No. Description 001 002 Procedure Index 1.0 Purpose 2.0 Scope 3.0 Process 4.0 Training Requirements 5.0 References/Related Documents 6.0 Records Revision date: 10/19/2009 Page 1 of 3 City of Fort Collins Regulatory and Government Affairs Division FCltyof ort 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. it 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 Collins rt__i� 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 please contact the industrial pretreatment office at 221-6938. Disposal into the City's wastewater treatment system may be done either by discharging directly to an inside drain, or by pump truck at the Drake wastewater treatment facility. Disposing by pump truck requires a waste hauler's permit, and a 5 cent/gallon fee will be charged. For fee information, or to obtain a permit, contact the industrial pretreatment office at 221-6938. F. Truck the waste to a different waste disposal facility. 3.4 Once wastewater has been collected, visible solids remaining in the collection area must be swept up to prevent future discharges to the storm drain. 3.5 A sewer manhole cover may not be removed for disposal to the wastewater system. 3.6 If you are working in an area that is serviced by a neighboring wastewater district, such as South Fort Collins Sanitation or Boxelder, it is necessary to contact that district's industrial pretreatment coordinator before discharging to their system. 4.0 Training Requirements 4.1 The training requirement associated with this procedure is knowledge of the proper management of power washing wastewater. 5.0 References / Related Documents 5.1 http://www.cdphe.state.co.us/wq/PermitsUnit/PolicyandGuidance/powerwash.pdf 5.2 I:\RGA division\Illicit Discharge Program\Complaint Calls\pressure washinq\City power washing guidance.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 a Fuel vehicles at approved locations (municipal fueling Automatic shutoff nozzles station or offsite fueling station). Signs a Provide spill kits near the municipal fueling location. Spill response plans Spill cleanup materials a If fuel is stored in an above -ground tank, store fuel in enclosed, covered tanks with secondary containment Dry cleanup methods (e.g., concrete barrier or double -walled tanks). Employee training ■ All fuel tanks will be inspected per State and Federal Related Procedures regulations. Heavy EquipmentlVehicle Maintenance a 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. a Clean up any leaks or drips. Clean up is not completed until the absorbent is swept up and disposed of properly- 0 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 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. ee57me American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Byron Creech; Kristy W. Kretzschmar: Rebeca L. Gomez Porras: Todd Crump all of the city of Raleigh state of NO each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 2nd day of February 2015 P o cgsLOlCn American Fire and Casualty Company Ma`� r 9,The Ohio Casual Insurance Com an 00 4� o �ty P Y zLiberty Mutual Insurance Company m 1906 0�West merican Insurance Company a o0h'b 'ya«••.�"•Trd * 0 # * gy' T STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary R COUNTY OFMONTGOMERY c O ` py On this end day of February 2015 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and V m Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, �,U) p = execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c W m > IN WITNESS WHEREOF, I have hereunto subs and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above ®wiltte`n. `0 CL N p. A$ COMMONWEALTH OF PENNSYLVANIA /-�Q%�+✓r�Or/ Y o d 3 t� K L �y� rgONWF F< Notarial Seal Q M Off• 9<.� i Teresa Pastels, Notary Public By: � U 9 Plymouth Up., Montgomery County � •O Teresa Pastella ,Notary Public y Cl OF My Commission Expires March 282017 i 3 re Mombcr. PennsyNema Assoo,a io or Notaries a C ro a`This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance .(Ac ai ,`,, Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: t to to w O) E! ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O e r to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, w y O acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective O 3 E y powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so — ar p R executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under (a'O 9 T the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. a M r ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, co wj: and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessaryto act in behalf of the Company to make, execute, C4 Z seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their = 471 o0 respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so OC executed such instruments shall be as binding as if signed by the president and attested by the secretary. c{O Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- ~ L fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. �,// �/ /� /yy� IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this � day of ' / (w 20j,S QE�Pa�� ,..rG4�i y�P�v ;Ns c'Q9y JtiJ�ero n Fo�d� e����a: �a�� � z � �e m F � F o � 1906 0 o tat9 � 1912 �° < 1991 t gY� �. 3 0 3 lx ,fir n' y i Gregory W. Davenport, Assistant Secretary d�ly�e'H4lmct„��dL .iy �MnS���'aD '9i� .�59MV`.E� � TJ tND�ANA r LMS_12873_122013 100 of 300 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 of the municipality's assets and prevents the leaking of hazardous Possible Pollutants fluids commonly associated with normal wear and tear of vehicles Metals and equipment Toxins Potential pollutants generated at vehicle maintenance facilities Solvents (degreasers, paint include oil, antifreeze, brake fluid and cleaner, solvents, batteries thinners, etc.) and fuels. Antifreeze Brake fluid and brake pad dust When services are contracted, this written procedure should be Battery acid provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the Motor oil contractor is responsible for abiding by all applicable municipal, Fuel (gasoline, diesel, kerosene) state, and federal codes, laws, and regulations. Lubricating grease Good Housekeeping Procedures Maintenance activities should be performed inside a maintenance Drip pans building unless the equipment is too large to fit inside or Tarps temporary repairs need to be made before the equipment can be Covered outdoor storage areas moved to the maintenance building. Consult the Outdoor Fleet Secondary containment Maintenance procedure when it is necessary to perform repairs Proper disposal of used fluids outside of the facility (breakdowns, service calls, etc.). Spill cleanup materials Vehicle Storage Dry cleanup methods . Monitor vehicles and equipment closely for leaks and Employee training use drip pans as needed until repairs can be Related Procedures performed. Material Storage • When drip pans are used, check frequently to avoid overtopping and properly dispose of fluids. Outdoor Fleet Maintenance Spill Prevention and Response a Drain fluids from leaking or wrecked vehicles and Street Sweeper Cleaning and from motor parts as soon as possible. Dispose of fluids Waste properly. Vehicle Fueling Vehicle Washing Page 1 of 4 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 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 AFRO® CERTIFICATE OF LIABILITY INSURANCE DATE YY) 0411512015 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 'EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. APORTANT: 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 Marsh USA Inc. 100 North Tryon Street, Suite 3600 Charlotte, INC 28202 Attn: CA NON-RESIDENT NO.OB22889 CONTACT NAME: PHONEFAX E : a C No : M-N E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC N INSURERA: ACE American Insurance Company 22667 J56965.1.MMM-GAXWX-14-15 RM201 INSURED Martin Marietta Materials, Inc. Attn: Todd Crump INSURER B , Indemnity Ins Co Of North America i43575 INSURER C : North American Elite Insurance Company 29700 INSURER D : 2710 Wycliff Road P. 0. Box 30013 Raleigh, NC 27622 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: ATL-G03349507-01 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 DLIISWVD UB POLICY NUMBER POIDD/YYYLICYEFF MMIDD/Y Y LIMITS A GENERAL LIABILITY HDOG27338872 09/30/2014 09/30/2015 EACH OCCURRENCE $ 3,000,000 X COMMERCIALGENERAL LIABILITY _ CLAIMS -MADE X OCCUR DAMAGE50,000 PREMI E Ea occurrence)$ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 3,000,000 GENERAL AGGREGATE $ 6,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 6,000,000 X POLICY PRO -_CT F7 LCC $ AUTOMOBILE LIABILITY ISAH08829615 09/30/2014 09/3012015 COMBINED SINGLE LIMIT Ea accident 3000000 BODILY INJURY(Per person) $ ANY AUTO ALL OWNED SCHEDULEDBODILY AUTOS AUTOSNON-OWNED JX INJURY (Peraaitlen[) $ PROPERTY DAMAGEHIRED Per ccident $ AUTOS X AUTOS C 4 UMBRELLA UAB X OCCUR UMB20D030000 OWM14 09/30/2015 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAR CLAIMS -MADE DIED RETENTION $ $ B WORKERS COMPENSATION WLRC48137970 (AOS) 09/31y2014 0913012015 X WC STATU- OTH- ER A AND EMPLOYERS' LIABILITYR ANY PROPRIETOPJPARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? FE (Mandatory in NH) NIA WLRC48137982 (CA) 09/3012014 09/30/2015 E.L. EACH ACCIDENT 2,000,000 $ EL. DISEASE - EA EMPLOY $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 2,000,000 A Excess Workers Compensation WCUC48137969 (OH) 09/3012014 09130/2015 See additional page text. DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Project: Asphalt Overlay 2015 Renewal Project City of fort Collins is/are additional insured under General Liability and Automobile Uability as their interest may appear, 9 required by written contract with the named insured, subject to the terms and conditions of the policies. I CRI IrlVNIC nVLVCR City of Fort Collins 215 N Mason Street 2nd Floor cort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Nerissha Tucker �QiL.ro��u.` �)L<4_4ed. — © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: J56965 LOC #: Charlotte A�ORO ADDITIONAL REMARKS SCHEDULE Page 2 of 2 NCY NAMEDINSURED Marsh USA Inc. Martin Marietta Materials, Inc. Attn: Todd Crump 2710 Wycliff Road POLICY NUMBER P. 0. Box 30013 Raleigh, NC 27622 CARRIER NAIC CODE EFFECTIVE DATE: AUUI I IUNAL KLMAKKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate Of Liability Insurance EXCESS WORKERS COMPENSATION (continued from page 1): Policy #WCUC48137969 (9/30/2014-09/30/2015) ACE American Insurance Company Applicable in the state of Ohio $2,000,000 Employers Liability- Each Accident $2,000,000 Employers Liability -Disease - per Employee $2,000,000 Employers Liability - Disease - Policy Limit Excess of $2,000,000 Self Insured Retention ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:7222 Asphalt Overlay — 2015 Renewal PROJECTOR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Martin Marietta Materials Inc CONTRACT DATE: April 2, 2015 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. in 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: Rev10/20/07 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Martin Marietta Materials Inc Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 7222 Asphalt Overlay — 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 April2 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: Rev10/20/07 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Martin Marietta Materials Inc (CONTRACTOR) PROJECT:7222 Asphalt Overlay — 2015 Renewal The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any Rev10120/07 Section 00650 Page 1 labor and material bonds for the project. Signed this day of 20_ CONTRACTOR A Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _ day of 20_, by Witness my hand and official seal. My Commission Expires: Notary Public Rev10/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Martin Marietta Materials Inc PROJECT: 7222 Asphalt Overlay — 2015 Renewal CONTRACT DATE: April 2, 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 (Surety Company) a ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. Rev10/20/07 Section 00660 Page 1 SECTION 00670 Section 00670 Page 1 SECTION 00300 BID FORM ON 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) 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. 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 Section 00670 Page 2 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. Section 00670 Page 3 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONTDITIONS OP TILE CONSTRUCTION CONTRACT prepared by the Engineers Joust Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT' COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIOM.-_ ......................._.--.........-.........I 1.1 Addenda J 1.2 Agreement ......................................... 1 1.3 Application for Payment ....................... IA Asbestos a 1.5 Bid.....................................................1 1.6 Bidding Documents..._... -_ ................... A 1.7 Bidding Requirements ..........................1 1.8 Bonds 1.9 Change Order.........._.___....................I 1.10 Contract Documents I 1.11 Contract Price . 1 1.12 Contract Times ....................................1 1.13 CONTRACTOR .................................. 1 1,14 defective ............................................. J 1.15 Drawings ......... ........................... 1.16 Effective Date of the Agreement ...... 1.17 ENGINEER 1.18 ENGINEERS Consultant ... ................. 1 1.19 Field Order .......................................... 1 1.20 General Requirements .........................2 1.21 Hazardous Waste ................................. 2 1.22.8 Laws and Regulations; Laws or Regulations ......................................2 1.22.b Legal Holidays........_.........................2 123 Liens ..................................................2 1.24 Milestone............................................7 1.25 Notice of Award... ..... ........... ........ 2 1.26 Notice to Prooccd.................................2 1.27 OWNER 7 1.28 Partial Utilization 2 1.29 PCBs.................................................2 1.30 Petroleum 1.31 Project .................. ........ I .......... 1.32.a Radioactive lvfitteriat 1.32.b Regular Working Hours ......... ............. 7 1.33 Resident Projcci. Rcpresentativc.. . ........ 2 1.34 Samples ..............................................2 1.35 Shop Drawings ...................................2 2 1.36 Specifications .....................................2 1.37 Subcontractor :2 1.39 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...........................3 Page Number PRELIMINARY MATTERS..__......_ ............. 3 2.1 Delivery of Bonds .............................3 2.2 Copies of Documents 2.3 Commencement of Contract Times; Notice to Proceed,,,,,,,,,,,,,, 3 2.4 Starting the Work ............................3 2.5-17 Before Starting Construction; CONTRACTOR Responsibility to Report; Preliminary Scheddcs; Delivery of Corti ficates of Insurance 3A 18 Preconstruction Conference,,,,,,,,,,,,, 4 2.9 Initially Acceptable Schedules._, ...... _4 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ... ................................ ..... 4 31-3.2 Intent.- ............... ___ ..................... 4 3.3 Reference to Standards and Speci- fications of Technical Societies-, Reporting and Resolving Dis- crepancies ................................. 4-5 3A Intent of Certain Terms or Adjectivesk .................................... 5 3.5 Amending Contract Docuncnls ........ 5 3.6 Supplementing Contract Documents................................... 5 33 Reuse of Documents AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ,5 4.1 Availability of Lands,,,,,,,,,,,,,,,,,,,,, . 1-6 4.2 Subsurface and Physical Conditions 6 42.1 Reports and Drawings ..................... 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data 6 4.2.3 Notice of Differing Subsurface or Physical Conditions..................A 4.2.4 ENGINFERs Review 4.2.5 Possible Contract Documents Change. ................... ____ ........... 6 4.2.6 Possible Price and Times Adjustments .............................. . 6-7 4.3 Physical Conditions --Underground Facilities ...................................... 7 4.3.1 Shown or Indicated ___ ....... J 4.3.2 Not Shown or Indicated ....................7 4.4 Reference Points............................. 7 rICDC. GENMAL CONATIOM 1910-911"0 EDITION) W/ CITY OF FORT COLUNS MODTFTCA710M (REV 91919) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material....................7-8 5. BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payzaent and Other Bands........................................ . ..... 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance,,,,,,,,,,,,,,, 8 5.4 CONTRACTOR's Liability Insurance ......................................... 9 5.5 OWNERs Liability Insurance .............. 9 56 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,,,,,,,,,,,,,,,,,,,„ 10 5.11 Waiver of Rights ............................... 11 5.12-5,13 Receipt and Application of Insurance Proceeds .....................10.11 5.14 Acceptance of Bonds and Insa- ance; Option to Replace__...............11 5.13 Partial Utilization --Property Insurance ........................................11 6. CONTRACTOR'S RESPONSIBILITIES ...............11 6.1.6.2 Supervision and Superintendencv,,,,,..11 6.3-6.5 Labor, Materials and Equipment --- 11-12 6.6 Progress Schedule. 6.7 Substitutes and "Or -Equal" Items; CONTRACTORs Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation ............. 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights, ................ ....... )3-14 6.12 Patent Fees and Royalties...................J4 6.13 Permits ..... _..................................... 14 6.14 Laws and Regulations ....................... 14 6.15 Taxes...........................................14-15 6.16 Use of Premises. ................. ............. 15 6.17 Site Cleanlineq........ I ....................... 15 6.18 Safe Structural Loading.....................15 6.19 Record Documents ............................. 15 6.20 Safety and Protection ,... ........ I ---- I ... 15.16 6.21 Safety Representative ......................... i6 6.22 Hazard Communication Programs,,,,,, 16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Sample*..............16 625 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 Documents, ........... 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 Guaranteq.............17 6.31-6.33 Indemnification ....................... _) 7-18 6.34 Survival of Obligations ...................38 7. OTHER WORK.................................................18 7.1-7.3 Related Work at Site. ...................... J8 7A Coordination.................................18 S. OWNER'S RESPONSIBILITIES .........................18 8.1 Communications to CON- TRACTOR.................................19 8.2 Replacement of ENGINEER,,.,_,,,,,, 18 8.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easements; Reports and Tests...............................15 19 8.5 Insurance,..... ....................... _..,,.,,,19 8.6 Change Ordxs .....................__,..._ 19 8.7 Inspections, Tests and Approvals. ............. .................... 19 8.8 Stop or Suspend Work; Terminate CONTRACTORs Services......................................19 8.9 Limitations on OWNER'S Responsibilities ...........................19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material................_J9 8.11 Evidence ofFinancel Arrangem ents............................19 9. ENGINEER'S STATUS DURING CONSTRUCTION .............................................19 9.1 OWNER's Representative...............19 9.2 Visits to Site..................................19 9.3 Project Representstive...............19-21 9.4 Clarifications and Interpre- tations. ........................................ 21 9.5 Authorized Variations in Vbrk... ..... 1 EJCDC OENELAL CONDMONS 1910.8 (1990 EDITION) w/ CITY OF FORT COUJNS MODIFICATIONS (REV 9l99) Article or Paragraph Page Article or Paragraph Page Number & Title Num her Number & Title Number 9.6 RelcctingDefeciive Work ................... zl 13.8-13.9 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 9.10 Determinaticiris for Unit Prices..._ 21-22 13.11 Correction or Removal of 9,11-9.12 Decisions on Disputes ENGI- Defective Work ..........................28 NEER as Initial lntc;prctc( .............. z2 13.12 Correction Period_ ... ............ ....... ?8 9.13 Limitations on ENGINEER& 13.13 Acceptance ofDefective 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,,,,,,,,,,,,,,,,,,,,,,,, 29 Documents ...... ........... ................... 23 14.2 Application for Progress 10.4 Change Orders .......... _ .......... ........... 23 Payment ..................................... 29 10.5 Notification of Surety ........................23 14.3 CONTRACTORs Warranty of Title 29 CHANGE OF CONTRACT PRICE .............................7.3 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price. Claim for Progress Payments ................. 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion,,,,,,,,,,,,,,,,,, X the Work ...................... .......... 23-24 14.10 Partial Utilizatiort ..................... 30-31 11.4 Cost of the Work .......................... 24-25 14.11 Final Inspection ............................. 31 11.5 Exclusions to Cost of the Work .......... 25 14.12 Final Application for Psymenj ........ 31 11.6 CONTRACTORs Fee,,,,,,,,,,,,,,,,,,,,,,,, 25 14.13-14.14 Final Payment and Acceptance ....... 31 11.7 Cost Records,,,,,,,,,,,,,,,,,,,,,........... .25-26 14.15 Waiver of Claims ...................... 31-32 11.8 Cash Allowances 26 11.9 Unit Price Work ................................26 15. SUSPENSION OF WORK AND TERMINATION ................................................ 32 CHANGE OF CONTRACT TIMES ............................26 15.1 OWNER May Suspend Work .......... 32 12.1 Claim for Adjustment_...__„................ 26 15.2-13.4 OWNER May Tom inate .......... ... _12 12.2 Time of the Essence ..........................26 I5.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate . ............ ... ;32-33 Control 26-27 12.4 Delays Beyond OWNERs and 16. DISPUTE RESOLUTION ..................................33 CONTRACTORs Control ................77 17. MISCELLANEOUS TESTS AND INSPECTIONS-, CORRECTION, 17.1 Giving ..... .... . .. ............. .... . 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times ....................13 DE1FFC77;E WORK .................................................. 77 17.3 Notice of Claim.......... 33 13.1 Notice of Defects ..............................27 17.4 Cumulative Remedies 33 13.2 Access to the Work ........................... 27 IT5 Professional Fees and Court 13.3 Tests and Inspections; Costs Included.,....._...._........... _33 CONTRACTORs Cooperation ......... :27 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 13.4 OWNERs Responsibilities, Intentionally left blank .......................................55 Independent Testing Laboratory,,,,,, 27 13.5 CONTRACTORs EXHIBIT GC -A: (Optional) Responsibilities,......___,_..............27 Dispute Resolution Agreement_ ............... _QC -AI 13.6-13-7 Covering Work Prior to Inspec- 16,1-16,6 Arbitration .... ..... .. __GC -Al tion, Testing or Approval ................27 16.7 Mediation ................................ GC -AI EICDC. GENERAL CONDITIONS 1910 -8 (1990 PD1 LION) w/ CITY OF FORT COLLINS MOMMATIOMS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of — Bonds and Insurance........................................5.14 defective Work ............................ 10A.1, 13.5,13,13 final payment ....................... ...............9.12. 14.15 insurance......................................................... 5.14 other Work, by CONTRACTOR ................... ---- _73 Substitutes and "Or -Equal" Items ..................... 0.7.1 Work by OWNER ..............................2.5, 6.30, 6.34 Access to the -- Lands, OWNER andOONTRACTOR responsibilities .............................................A t site, related Work ................................... __ ... __7.2 Work . ....... .............................. 13.2.13.14.14.9 Acts or Omissions—, Acts and Omissions — CONTRACTOR.... ....... ....................... 6.9.1, 9.13-3 ENGINEER_.......................................6.20, 9,13.3 OWNER 8.9 Addenda —definition of (also see definition of Specifications) .......(1.6.1.10.619).1.1 Additional Property Insurancel ................................. 5.7 Adjustor ents— Contract Price or Contract Times...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, ..............I..............4..5.3, 9.4. 9.5, 10.2-10.4. ....................................11, 12 14.8.15.1 progress schedule .............................................. 6.6 Agreement -- definitiono( ......................................................1.2 "All -Risk' lnsuranoc, policy form,,,,,,,,,,,,,,,,,,,,,,,,,,, 5.6.2 Allowances. Cash ....................................................11.8 Amending Contract Documents ................................ 3.3 Amendment. Written -- in general ................).10, 1.45,15, 6.6.2 _........................O.8.2, 6.19, 10.1, 10A, 11.2 — I ................................ 111,13.12.2,14.7,2 Appeal, OWNER or CONTRACTOR intent to ..... .................... 9.10,9M, 10.4. 16.2,16.5 Application for Paytrient— dcrinition of ................................ ..................... J-3 FNGTNEERs Responsibility ............................... 9.9 final payment,,,,,,,,,,,,,,,,, 9A3.4,9.13.5,14.12-14.15 in general.... __................._21. 2.9. 544, 9.10, 15.5 progress payment ..................................... J4.1-14.7 review of. . ........................... __ ........ I ..... A4.4-14.7 Arbitration ....... .................... . ....................... 16.1,16.6 Asbestos — claims pursuant thereto ..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ....... __4.5.2 definition of .......................................................1.4 Article or Paragraph Number OWNER responsibility fori ............................. possible price and times change .......... ..... _431 Authorized Variations in Work ......... . 3.6, 6.25. 6.27, 9.5 Availability of Lands .......................................... 4.1.8.4 Award, Notice of —defined, .......................... ... ....... 1.25 Before Starting Constructiork ............... .............. 2.5-2,11 Bid —definition of ...... ......... ..... _13 (1.1, 1.110, 2-3, 3.3, .............. ... _:4.2.6.4, 6.13,11.4.3, 119.1) Bidding Documents --definition Of...................................................1.6(6.8.2) Bidding Requirements —definition Of .........................................1.7 (1.1, 4.2.6.2) Bonds — acceptance of ....................................................5.14 additional bonds ..................................10.5, 11.4.5.9 Cost of the Work............................................11.5.4 definition.................................... ................ 11 delivery of ............................................ ...... 2-1,5.1 final Application for Payment ................. 14.12-14.14 general .......................... ........... J.10. 5.1-5.3.5.13, ........ I ..... ­­­ . .................. 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 .... 5.8, 5.15 Cash Allowances, ...................................................31.8 Certificate of Substantial Completioril ........ 1.38.6.30.2.3. _14.8, 14.10 Certificates of Inspection ................... 9.13.4.13.5.14.12 Certificates of Insurance ..............2.7. 5.3. 5.4.11. 5.4.13, ........ I I ............ 5.6.5. 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. 105, 11.2, 13.9. ..... 13.13,13.14,14.7,15.1, 15.5 CONTRACTORs fee .........................................11.6 Cost of the Work general ...............................................11.4.11.7 Exclusionsto _ ....................... ............. 11.5 Cost Records .....................................................11.7 in general ... ......... 1.19.1-44.9-11.10.4.2,10.4.3, 11 Lump Sum Pricing ................................. ....... 11.3.2 Notification of Surety.........................................10.3 Scope of ........................................... ....... JO.3-10.4 Testing and Inspection, Uncovering the Work ............. .................... 13.9 EXI)C OENERAL COMMONS 1910.8 (1990 EDMOM w/ CITY OF FORT COLUNS MODIFICAMONS (REV 91") Unit Price Work ...._ ..................... � � � . � �. � 1 111.9 Article or Para&7aph Number Value of Work ................................................. J13 Change in Contract Times. - Claim for times adjustment ......... 4.1, 426, 4.5, 5,15, ......... 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, --- 119, 13.13, 13.14, 14.7, 15.1. 15.5 Contractual time limits.....................................12.2 Delays beyond CONTRACTORS control.............................. ................. ... J2.3 Delays beyond OWNFWs and OONTRACTORsomtrol .............................12.4 Notification of surety .........................................10.5 Scope of change .................... ................. _10.3-10.4 Change Orders-- AcccTumcc ol'Defective Work .... ....... . ......... _13.13 Amending Contract Documents ..........................3.5 Cash Allowances 11.9 Change of Contract Price.....................................I I Change of Contract Times ..................... ............. 12 Changes in the Work .......................................... JO CONTRACTOR's fee ........................................11.6 Cost of the Work ...................................... 11.4-11.7 Cost Records 11.7 definition of 1.9 emergencies .....................................................fix 23 ENGINEERs responsibility ....... 9.8. 10A. ll.Z 111 executionof ..................................................... 10.4 Indemnifiction .........................6.12, 6,16, 6.31433 Insurance, Bonds and 5.10, 5.13, 10.5 OWNER may terminate .............................. 13.2-15.4 OWNERs Responsibility ......................... _$.6.10.4 Physical Condit ions ­ Subsurface and .............................................4.2 Underground Facilities--,........................... 4.3.2 Record Documents 6.19 Scope of Change . ........ ......... ...... 10.3-10.4 Substitutes ............................................. 6.7.3,6.8.2 Unit Price Work ................................. ............. J1.9 value of Work, covered by .................................11.3 Changes in the Work.................................................10 Notification of surety,,,,,,,,,,,,,,,,,,,, ...... 10.5 OWI-MRs and CONTRACTOR's responsibilities.............................................10.4 Right to an adjustment .......................... ........... 10.2 Scope of change ................... .................... 10.3-10.4 Claims -- against CONTRACTOR, .......... _ ......... ............ 6,16 against ENGINEER .............................. .......... A32 against OWNER...............................................6.32 Change of Contract Price .......... ................ 9.4.11.2 Change of Contract Times ..........................9.4, 12,1 CONTRACTOR's.............4. 7.1. 9.4. 9.5. 9.11, 10.2. ..........................11.7, 11.9.12.1. 13.9.14.8. ............................................ 15.1, 15.5,17.3 CONTRACTOR's Fee 1 1.6 Article or Paragraph Number CONTRACTOR's liability ........... 5.4,6.IZ 6.16,631 Cost of the 11.4,11.5 Decisions on Dispute4 .......................... .... 9.11,932 Dispute Resolution ............................................ J6.1 Dispute Resolution Agreement .......... ... 16.1-16.6 ENGINEER as initial interpretoz .......................9.11 Lump Sum Pricing.........................................11.3.2 Noticeof ... ................. _ ............... __,.............17.3 OWNFR's .................... 9A. 9.5, 9.1 1, 10.2, 11.2,11.9 ..' ... I ..... I .......... 12.1. 13.9. 13.13. 13.14. 17.3 OWNERs liability .............................................. 5.5 OWNER may refuse to make paymenk ..... ... )4.7 Professional Fees and Court Costs Included ............... ................................. 17.5 request for formal decision 07) ........................... 9,11 Substitute Items * ..........................................0.7.1.2 .. * ...... *"**"*'* ........... ............ 0.7.1.2 Time Extension, ...............................................12.1 Time requirements .................... 12.1 Unit Price Work....__ .*'***................. ....... *­ 11.9.3 Value of ).1.3 Waiver of --an Final Work Change Directive ............... I ....... written notice required., .................... 9,11, 11.2,12.1 Clarifications and Interpretation* ........... 3.63, 9.4, 9.11 CleanSite .................. _ ....................................... 0,17 Codes of Technical Society, Organization or Association $3_3 Commencement of Contract Times ............................ 2.3 Communications— general ............................................... 6.2,6.9.Z 8.1 Hazard Communication Program@ ..................... . 6.22 Completion - Final Application for Payment ..........................14.12 Final Inspection ­ ............... ......... ** --- ­ ' "'­ .... * ... I ...... 14.11 Final Payment and Acceptance ............... )4.13-14.14 Partial Utilization_ ........ ................ .............. J4.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims ............................................ J4.15 Computation of Times ............................... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others .................................................6.M.11 Conferences -- initially acceptable schedules .............................. 2.9 preconstructiork ..................................................2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR 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 VCDCOENERAL OONDITIONS 1910-8 (1990 LDITIONJ w/ aTY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances..............................................11.8 Article or iragraph Number Change of Contract Pric4.................................... I I Change of Contract Times .......... _.......................12 Changes in the Work...............................10.4-10.5 check and verify ................................................. 2.5 Clarifications and Interpretations .........................3.2. 3.6. 9A, 9.11 definition of.....................................................1-10 ENGINEER as initial interpreter of...........:......9.11 ENGINEER as OWNER's representative,,,,,,,,,,,,, 9.1 general3 Instrance....... ... _..............................................5.3 Intent.......................................................3.1-3.4 minor variations in the Work....................... ....... 3.6 OWNERS responsibility to furnish data ........ _...: 8.3 OWNER'S responsibility to make prompt payment ....... ................... ?.3, 14.4, 14.13 precedence ................................................ 3-1, 3.3.3 Record Documents. ...........................................¢ 19 Reference to Standards and Specifications of Technical Societicg................................... 3.3 Related Work.....................................................7.2 Reporting and Resolving Discrepancies,,,,.,,, 2.5, 3.3 Reuseof.............................................................1.7 Supplementing.................................................. �.6 Termination of ENGINEER's Employment.. ........ 8.2 Unit Price Work...............................................11.9 variations.........................................3.6, 6.23, 6.27 Visits to Site, ENGINEER's............................... 9.2 Contract Price - adjustment of...............3.5. 4.1.9.4, 10.3. 11.2-11.3 Changeof ........ ............ .................................... _11 Decision on Disputes........................................9.11 definition of......................................................1.11 Contract Times -- adjustment of ........................... 3-5.4.1, 9.4, 10.3, 12 Change of................................................)2.1-12.4 Commencement of ............................................ 2.3 definition of ........... .................. _..................... 1.12 CONTRACTOR - Acceptance of Insurance ................. I ................. S.i4 Communications......................................6.2, 6.9.2 Continue Work........................................6.29, 10.4 coordination and scheduling............................¢.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 Safely 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........................................625 Stop Work requirements...... ................... ....... 4.5.2 CONTRACTOR's- Article or Paragraph Number Compensation..-.__ ................ _...... ......... . Continuing Obligation ............................_„.„ 14.15 Defective Work...............................9.6, 13.10.13.14 Duty to correct defective Work. ....................... _13.11 Duty to Report -- Changes in the Work caused by Em crgcncy................. .......................... 6:23 Defects in Work of Others, ............................ :1.3 Differing conditions....... ...... _.................... 4.2.3 Discrepancy in Documents,,,..,,, 2.5. 33.2, 6.14.2 Underground Facilities not indicated ,,.,,,,,,,:4.3.2 Emergencies ..... . .... ...........................................0.23 Equipment and Machinery Rental, Cost of the Work...........................................11.4.5.3 Fee --Cost Plus ,11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .......................¢.30 Hazard Communication Programs ......................0.22 Indemnification........................6.12.6.16.6.31-6.33 Inspection of the Work ............. ................ _ 7.3, 13.4 Labor, Materials and Equipment ....................¢ 3-6.5 Laws and Regulations, Compliance by ..... ,...... 6.14.1 Liability Insurance..............................................5.4 Notice of Intent to Appeal .........................9.10, 10.4 obligation to perform and complete theWork....................................................¢.30 Patent Fees and Royalties, paid for by ................. 6.12 Performance and Other Bonds ............................5.1 Permits, obtained and paid for by, ...................... $.13 Progress Schedule...........................2.6.2.8, 2.9, 6.6, .................................6.29. 10.4. 15.2.1 Request for formal decisionon disputes ............ _9.11 Responsibilities-. Changes in the Work„.._, ........................ 10.1 Concerning Subcontractors, Suppliers andOthers ..................................... ................... Continuing the Work .........................029. 10.4 CONTRACTOR's expense, .......................... §.7.1 CONTRACTOR's General Warranty and Guarantee.......................................6.30 CONTRACTOR'S review prior to Shop Drawing or Sample submittal................6.25 Coordination of Work..._...........................6.9.2 Em crgenc ie s.............................. ................. 6.23 ENGINEER's evaluation. Substitutes or "Or -Equal" Items ..... _.......................0.7.3 For Acts and Omissions of Others ............................ 6.9.1-6.92, 9.73 for deductible amounts,insurance ...................5.9 general........................................6, 7.2.7.3.8.9 Hazardous Communication Programs.......... 6.22 Indemnification ...................................6.31-6.33 vii Err OENMM COMMONS 1910-9 (1990 MMOM wl CITY OF FORT COLUNS MOI)MCATIONS (REV 9t99) Item No. Item Description Unit 2015 Contract Quantities 2015 Unit Costs 2015 Total Cost 109.01 Force Account- Asphalt Cement Cost Adjustment Force Account 1 $0.00 $ - 202.10 Grinding (planing) Surface Preparation <3" SY 133,030 $2.61 $347,209.06 202.02 Grinding (planing) Surface Preparation 3" < 5" SY 3,500 $3.08 $10,780.00 202.30 Grinding (planing) Surface Preparation 5" < T' SY 20,000 $4.00 $80,000.00 202.40 Grinding (planing) Surface Preparation 7" < 9" SY 5,000 $5.13 $25,650.00 202.50 Taper Planing Adjacent to Gutter LF 60,000 $2.20 $132,000.00 202.55 Milling Support - Labor, Equipment, Materials to support mitling operations HR 100 $581.09 $58,109.00 202.60 Bobcat Style Milling < 3" SY 3.000 $6.03 $18,090.00 202.70 Bobcat Sloe Milling - Additional Inch Thickness SYAN 200 $0.65 $130.00 202.80 Additional Saw Cutting of Asphalt LF 5,000 $2.58 $12,900.00 203.10 Excavation - General Less Than 100 CY CY 500 $25.86 $12,9X00 203.20 Excavation - General Over 100 CY CY 1,000 $22.08 $22,080.00 203.30 Excavation - Muck CY 1,000 $22.12 $22,120. 203.40 Borrow- Less Than 100 Ton Ton 50 $23.08 $1,154.00 203.50 Borrow -Over 100 Ton Ton 1,000 $17.01 $17,010. 203.70 Shouldering LF 7,000 $0.85 $5,950. 208.10 Rock Wattle LF 700 $3.42 $2,394.00 208.20 Crumb Rubber Wattle LF 10 $12.26 $122.60 208.30 Straw Bales Each 5 $5.08 $25.40 208.40 Sit Fence LF 50 $2.08 $104.00 210.01 Reset Mailbox Each 1 $228.72 $228.72 210.02 Adjust Vane Box Each 250 $163.70 540,925.00 210.03 Adjust Mahe Box with Ring Each 70 $72.71 $5,089.7 210.04 Adjust Valve Box -Tyler 6860 Series, Rem R 69, Screw Type Adjustable Riser Each 50 $91.53 $4,576.50 210.05 Adjust and Replace Tap Section of Valve Box Each 30 $323.71 $9,711.30 210.06 Tyler 68M Series, Rem 58, 14" Valve Box Extension (Part Only) Each 1 $69.35 $69.35 210.07 Tyler 6860 Series, 16" Vale Box Top Section Without Lid (Part Only) Each 20 $69.68 $1.393.60 210.08 Tyler 6860 Series, 26" Vahe Box Top Section Without Lid (Part Only) Each 10 $84.77 $847.70 210.09 Total Valve Box Replacement, Tyler 6860 Series, 30" Botlom Section Each 10 $491.00 $4,910.00 210.10 Adjust Standard Manhole 524" Each 130 $386.18 $50,203.40 210.11 Adjust Special Manhole >24" Each 30 $485.48 $14,564.40 210.12 must Manhole with Ring Each 35 $198.60 $6,951.00 210.13 Adjust Manhole with Lacking Ring 524' dia, s 3" height Each 150 $198.60 $29.790.00 210.14 Adjust Manhole with Locking Ring 524" dia, > 3" height Each 5 $198.60 $993. 210.15 Adjust Manhole with Looldng Ring >24" dia, s 3" height Each 10 $231.71 $2,317.1 210.16 Adjust Manhole with Locking Rig >24" die, > 3" height Each 5 $231.71 $1,158.55 Labor, Materials and Equipment..............6.3.6.5 Laws and Regulations,.... _�6.14 Liability Insurance.........................................5.4 Article or Paragraph Number Notice of variation from Contract Documents ........................................... 427 Patent Fees and Royalties............................6.12 Permits.......................................................6.13 Progress Schedule ......................................... 6.6 Record Documents.. ........ __ _.. -.. _........ - _ _- 6.19 related Work performed prior to ENGINEER's approval of required submittals .............................................. 6.28 safe structural loading.................................6.18 Safety and Protection ....................6.20, 7.7, 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 .......... .... ................_.._......617 Submittal Procedures ................................... A.25 Substitute Construction Methods and Procedures....................................A7.2 Substitutes and "Or -Equal" Item* ................ .7.1 Superintendence ........................................... 0.2 Supervision... .... .................................... ...... 0.1 Survival of Obligations................................6.34 Tares......................................................... 6.15 Tests and Inspections_........................I......13.5 To Report ....................................... .............. 2.5 Use of Premise3 .....................0.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal.........................................625 Right to adjustment for changes in the Work.....10.2 right to claim, ....... ._ 4, 7.1, 9.4, 9.5, 9.11, 10.231.2, J1.9.12.1,13.9,14.8.15.1.13.5,17.3 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, .......................................11.4.4 Substitute Construction Methods and Procedures 6.7 Substitutes and "Or -Equal" Items, Expense .......................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others .......... 6.8-6.11 Supervision and Superintendencq ......... 6.1, 6.2. 6.21 Taxes. Payment by ................_................... ....0.15 Use of Promises... .......... .......... --_-- .-_ 6.16.6.18 Warranties and guarantees ..........................6.5, 6.30 Warranty of Title...q............... ........................14.3 Written Notice Reuired-- CONTRACTOR stop Work or terminate, ....... 15.5 Reports of Differing Subsurface and Physical Condition* ............... __..... 4.2.3 Substantial Completion,...............................14.8 vill CONTRACTORS --other ............... _............-------. _....... 7 Contractual Liability Insurance„_„ ................. _..... 5.4.10 Contractual Time Limits ........ .................... ......... ....1? 2 Article or Paraggaph Number Coordination-- CONTRACTOR's responsibility ........................4.9.2 Copies of Documents ............................ ................. .. 2.2 Correction Period.................................................13.12 Correction, Removal or Acceptance of Defective Work-- in general .......... ......................... 10.4.1. 13,10-13,14 Acceptance ofDefective Work.... Correction or Removal of Defective Work................................6.30. 13.11 Correction Period............................................J3.12 OWNER May Correct Defective Work .............. J3.14 OWNER May Stop Work ................... .............. 13.10 Cost -- of Tests andInspection$............... ...................... 13.4 Records11.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discount?,.... .................. ....................... )1.4.2 CONTRACTOR's Fee 11.6 Employee Expenses....................................11.4.5.1 Exclusionsto..........................:.........................11.5 General11.4-11.5 Hon c office and overhead expenses ....................11.5 Losses and damages,,,,,,_...........................11.4.5.6 Materials and equipment.................................11A.2 Minor expenses...........................................J1.4.5.8 Payroll costs on changes.................................11.4.1 performed by Subcontractors............................11.4.3 Recordsl1.7 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 ................)1.4.5.2 Special Consultants, CONTRACTOR's.............11.4.4 Supplemental.................................................11.4.5 Taxes related to the Work.............................11.4.5.4 Tests and Inspection.........................................13.4 Trade Discounts ................ .................... J L4.2 Utilities, fuel and sanitary facilitieA ..............)1.4.5.7 Work after regular haws.................................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.. 8.3 Day —definition of ......... ...................... _............... 17.2 2 Decisions on Disputes ............................._..... 9.11, 9.12 defective —definition of... ...... ................ ...:..............1.14 defective Work -- Acceptance of .................... _................. 10.4.1, 13.13 EXDC CIEWYAI. COMITION81910-a (19" EDMON) wi CITY OF FORT COLUNS MODMCATIOM (REV 9/99) Correction or Removal of ...,,..,.._____.._..10A.1, 13.11 Correction Period....._.....................................13.12 in general.........................................13, 14.7. 14.1: Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work.................................13.10 Prompt Notice of Defects . .................. ................ I3.1 Rejecting...........................................................9.6 Uncovering the Work.......................................13.8 Definitions._........................................................... I Delays ...................................... 4.1, 6.29, 12.3-12.4 Delivery of Bonds.. . ...... ................................. ......... 2.1 Delivery of certificates of insurance...........................2.7 Determinations for Unit Prices.. ......... .......... .........9.10 Differing Subsurface or Physical Conditions — Noticeo.......................................... ...............4.2.3 ENGINEER's Review ...................................... 4.2.4 Possible Contract Documents Change .............. .2.3 4.2.6 Possible Price and Times Adjustments ............. 4 Discrepancies -Reporting and Resolving................................2.5. 3.3.2, 6.14.2 Dispute Resolution-- Agrcemcnt................................................ 16.1-16.6 Arbitration ................................................16.1-16.5 genera116 Mediation ................................................. . .......16.6 Dispute Resolution Agreement..-- ...................16.1-16.6 Disputes, Decisions by ENGINEER ...................9.11-9.12 Documents— Copiesof .......................................................... 2.2 Record 6.19 Reuseof ............................... ............................. 3.7 Drawings—definiticn of ................... .................... 1.15 Easements . ............ ............... ................................. 4,1 Effective date of Agreement — definition of .............1.16 Emergencies.......................................................... 6.23 ENGINEER — as initial interpreter on disputes, ................ 9.11-9.12 definition of.....................................................1.17 Limitations on authority and responsibilitieg..... 9.13 Replacement of_-... ... ...................... ...........82 Resident Project Representative ...........................9.3 ENGINEER's Consultant — definition of ..................1.18 ENGINEERS— authority and responsibility, limitations or) .......9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility for....... 9.7, 10, 11. 12 Clarifications and Interpretations,,,,,,,,,,,,,, 3.6.3, 9A Decisions on Disputes .... ............... .......... 9.11-9.12 defective Work, notice of..................................13.1 Evaluation of Substitute Items, ......................... 6.7.3 Liability ...................................................6.32, 9.12 Notice Work is Acceptable-....- ......................14.13 Observations ........................................... 0,30.2. 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 oo ................ 9• 11-9,13 Review of Reports on Differing Subsurface and Physical Conditions..............................4.2.4 Shop Drawings and Samples, review responsibility_.......... .................................. 6.26 Status During Ccostruction-- authorized variations in the Work .................9.5 Clarifications and Interpretation$..................9.4 Decisions on Disputes .... ......... ............. 9.11-9.12 Determinations on Unit Price......................9.10 ENGINEER as Initial Interpreter,.._...,_ .......... ENGINEER's Responsibilities ................9.1-9.12 Limitations on ENGDNEER's Authority and Responsibilities..............................9.13 OWNER'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 ..................... ........ ........ ................. $Q Written consent required .............................. Y.2, 9.1 Equipment, Labor, Materials an4 .......................§.3-6.5 Equipment rental, Cost of the Work..................11.4.5.3 Equivalent Materials and Equipment .........................0.7 error or omissions..................................................0.33 Evidence of Financial Arrangements .......................?.I I Explorations of physical conditions ....................... 4.2.1 Fee, CONTRACTORs--Costs Plus ...........................11.6 Field Order-- defmition of.....................................................1.19 issued by ENGINEER ........................... I.... 3.6.1, 9.5 Final Application for Payment ............................. 14.12 Final Inspection ...................................................14.11 Final Payment — and Acceptance. ......................... ........... 14.13-14.14 Prior to, for cash allo-mnccs.,.,... _.................... 11.8 General Provisions ......................................... 17.3-17.4 General Requirements — definition of.....................................................1.20 principal references 19 .............2.6. 6.4, 6.6.6.7.6.24 Giving Notice ........................................................17.1 Guarantee of Work --by CONTRACTOR.,.,,,,, 6.30, 14.12 Hazard Communication Programs ...........................022 hazardous Waste — definition of......................................................1.21 general.............................. ............................... 4.5 OWNER's responsibility Ear . ........ ..:...................8,10 Etch: GENERAL CONDITIONS 1910.8 (1990 EDMOM w/ C.ITY OF FORT COT.LIM MODIFICATIONS (REV 9/99) Indemnification.. _ - ........................ 6.. 1 Z 6.16, 6.31-6.33 Initially Acceptable Schedules.„,,,,,,,,,,,,,,,,,„_„_,„_„ 2.9 Inspection -- Certificates of ........ ..................... 9.13.4,115, 14.12 Final.............. ....................................... 14.11 Article or Paragraph Number Special, required byMqGINEER ................ ...... _9.6 Tests and Approval ............................. JI.7, 13.3-13.4 Insurance - Acceptance of, by OWNER_....._ ......... .............. 5,14 Additional, required by changes in the Work.._ ............... _ ......... . ............ 11.4.5.9 Before starting the Work,_„._ ............................ 2.7 Bonds and --in general ..........................................5 Cancellation Provisions, ....................... ...... ....... 5,8 Certificates of .................... 2.7. 5.5.3, 5.4.11, 5.4,13. ...................5.65, ............. 5.65. 5.8, 5.14, 9.13.4, 14.12 ccmpleiWoperations.................................... .. * .......... **'* ........ ­ ..... ­ 5.4.13 CONTRACTOR!s Liability ..................................5.4 CONTRACTORs objection to coverage .............. 5.14 Contractual Liability.._........_ ....... ...... ......... 5.4.10 deductible amounts, CONTRACTORs responsibility ................................................55.9 Final Applicaton for Paymen..........................14.12 Licensed Insurers .5.3 Notice requirements, material change4 ........ 3.8,10.5 Option to Replaci.............................................5. 14 other special insurance* ...... a ............................. 5.10 OWNER as fiduciary for fitsmre4 .............. 5.12-5.13 OWNEWs Liability .................. ...... . ..........5.5 OWNERS Responsibility .............................. ..... 8.5 Partial Utilization, Property Insurance ...............5.15 property ......... ........................................... 5.6-5.10 Receipt and Application of Insurance Proceeds 5.12-3.13 Special Insurance- ,, ......... .......... ............. 5.10 Waiver of Rights ..............................................5.11 Intent of Contract Documents 3.1-14 Interpretations and ClarificationA ..................... 343,9_4 Investigations of physical conditions,,,,,,,,,,,, ............... 4.2 Labor, Materials and Equipmea ......................... §-3-6.5 Lands -- and Easements........_........._.............6.4 ..............................6.4 Availability of ..... .. ...... ­ ............................4.1.8.4 Reports and Tests ...............................................0.4 Laws and Regulations --Laws or Regulations - Bond Changes in the Work ......................................10A Contract Documents...........................................3.1 CONTRACTOR's Responsibilities .....................0.14 Correction Period defective Work .................... 13,12 Cost of the Work, taxes ...............................11.4.5.4 definition of ..... ................. ................. ....... 1.22 gencral6.14 Indemnification ...................... ................. 63I-6.33 Insurance., ... ...... - ......................................... ... 53 Precedence., --- ................................. ....... 3.1.3.3.3 Reference to 33.1 Safety and Protection ................................ 6.20.13.2 Subcontractors, Suppliers and Other4 ........... 6.8-6.11 Article or Paragraph Number Tests and Inspections ...................................13.5 Useof Premises .................................................6.16 Visits to Site._ ................ 9.2 Liability Insurance— CONTRACTORs ............................................... 5.4 OWNER'S 53 Licensed Sureties and Insurers.,., ....... ... 1.5.3 Liens— Application for Progress Payment,,,,,,,,,,,, 14,2 CONTRACTORs Warranty of Title .................... 143 Final Application for Payment ..........................14.12 definition of ......................................................1.23 Waiver of Claims ............................................ J4.15 Limitations an ENGMERs authority and responsibilities - ............................... ..39.13 Limited Reliance by CONTRACTOR Authorized.......................................................4.2.2 Maintenance and Operating Manuals -- Final Application for Payment ..........................14.12 Manuals (of cthers)-- Precedence, . ....... _ ....................................... 3.3.3,1 Reference to in Contract Do=ent* ..................3.3.1 Materials and equipment. - furnished by CONTRACTOR --- .......................... §3 not incorporated in Work ....... ......... I ................. 14.2 Materials or equipment--equivalentt .......................... 0.7 Mediation (Optional) ..............................................t6.7 Milestones --definition of_ ................... .................. J.24 Miscellaneous -- Computation of Times.. .. . .... ....... 17.2 Cumulative Remedies ............. _ ....... 17.4 Giving Notice ...................................................17.1 Nolice of Claim -"'* ......... * ... ­...............................17.3 * . ........................ 17.3 Professional Fees and Court Costs Included,,,,.... J75 Multi -prime contracts ............ ................. ........... y Not Shown or Indicated, .... ..................... ............. 43.2 Notice of -- Acceptability of Project....................................14.13 Award, definition of ....... ................................. J.25 Claim............................................................ 17-3 Defects.13.1 Differing Subsurface or Physical Conditions,,,,,, 4.2.3 Giving............... ............................................ 1.7.1 Tests and Inspections,,,,,,,,,,,,,,,,,,,,,,,, _ .... ........ J3.3 Variation, Shop Drawing and Samplf .... ........... 0.27 Notice to Proceed - definition of .................................. ............. 1,,26 giving; of............................................................2.3 EJCDC GENERAL CONDITIONS 1910.9 (19" WITIOM wl CITY OF FORT COLLINS MODIFICATIONS (REV M Notification to Surety ............... ............................... 10.5 Observations, by ENGINEER...........................b.30, 9.2 Occupancy of the Work ..................5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ...............4.9.9.13 Open Peril policy form, iswra tM.........................5.62 Option to Replace ...................................................5.14 Article or Paragraph Number 'Or Equal" Items ........... .................. ............ ............. ¢.7 Other work 7 Overtime Work --prohibition of .................................. 6.3 OWNER -- Acceptance of defective Work...........................13.13 appoint an ENGINEER ...................................... 8.2 as fiduciary .............................................. 5.12-5.13 Availability of Lands, responsibility ....................4.1 definition of.....................................................1.27 data, furnish......................................................8.3 May Correct Defective Work...........................13.14 May refuse to make payment.............................a4.7 May Stop the Work........................................13.10 May Suspend Work, Terminate...... .... _._.. _... _.._.8.8. 13.10. 15.1-15.4 Payment, make prompt.....................0.3, 14.4, 14.13 performance of other work, ................................. 7.1 permits and licenses, requirements ...................6.13 purchased insurance requirements ............... 5.65.10 OWNER's-- Aceeptance of the Work ................ .............6.30.2.5 Change Orders, obligation to cxccut0.......... 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 Represcntative -During Construction. ENGINEER'S Status...._................................9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material .... ..... $.10 Change Orders ............................................. 8.6 Changes in the Work ............................... ... 10.1 communications, ........................................... 8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangementp..............R.11 inspections, tests and approval*.....................8.7 insurance...................................................... 8.5 lands and casements.....................................8.4 prompt payment by........................................8.3 replacement of EN024EER ...........................$.2 reports and tests............................................8.4 stop or suspend Work .................. 8, 13.I0, 15.1 terminate CONTRACTOR's services ......................................... _8.8. 15.2 separate representative at sit; ..............................9.3 testing, independent ........... .............. I ... ......... 13.4 use or occupancy of the Wok ........... .............j.15, 6.30.2.4,14.10 written consent or approval required.........................................9.1, 6.3, 11.4 EJCDC GENEM CONDITIONS 1910-8 (1990 EDMOM w/ CITY OF FORT COLLINS MODIFICATIONS (RF.V 91") Article or Paragraph Num bcr written notice required........................7.1.9.4, 9.11, ..... ...... ......................... II.2,11.9,14.7,15.4 PCBs -- definition of.....................................................1.29 general..............................................................4.5 OWNER's responsibility for...............................8.10 Partial Utilization -- definition of.....................................................).28 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 ProgressPaymenik .....................14.2 CONTRACTOR's Warranry of Title -, ............. ... )4.3 Final Application for Paymenk ......................... J4.12 Final Inspection ............................. _............ ..14.11 Final Payment and Aoceptaney ............... 14-13-14.14 general.........................................................$3, 14 Partial Utilization,,_... ... ............. . .. ............ 14.10 Retainagc.............. ................ ...... ...... ............... 14.2 Review of Applications for Progress Pay m ents............... ___ .......... 14.4-14.7 prompt payment ............. ................ _.................. $.3 Schedule of Values14.1 Substantial Completion ........ ..... .............. 14.8-14.9 Waiver of Claims ............................................ 14.15 when payments due,,,,,,,,,,,,,,,,,,,,,,,, 14.4, 14.13 withholding payment ..... -..................................14.7 Performance Bonds....._.....................................5.1-5.2 Permits.............................................................0.13 Petroleum -- definition of ..................... ......................).30 general............................................................. 4.5 OWNER's responsibility far,,.,,,-,,,,_ ................ 8.10 Physical Conditions -- Drawings of, in or relating to ....................... 4.2.1 2 ENGiNEER's review ........................................ 4.2.4 existing structure9._.........................................4.2.2 general4.2. I :.................................................. Notice of Differing Subsurface or,....................4.2,3 Possible Contract Documents Change................9.2.5 Possible Price and Times Adjustments ,,,,,,,,,,,,,,4.2.6 Reports and Drawings ...................................... 4.2.1 Subsurface and, .............. 4.2 Subsurface Conditions_ ........... ......... ....... ._...4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized .......................4.2.2 Underground Facilities — general................. .................. .......................+3 Not Shown or Indicted..............................4.3.2 Protection of ....................................... 4,3, 6.20 xii Article or Paragraph Number Shown or Indicated............................._,,,,,,,,,;,,4.3. t Technical Data................................................4.2 2 Prcconstruction Confcrenc4.......................................18 Preliminary Matters 2 ....... ................... .............. Prelim inary Schedules...............................................6 ........... . Premises, Use o(............................................. 6.16-?6.18 Price, Change of Contract< ................... .... ........ ........... I I Price, Contract --definition of.................................1.11 Progress Payment, Applications fo;..........................14.2 Progress Payment--retainage............. ___ ........... .--- 14.2 Progress schedule, CONTRACTOR's,--......... 2.6, 2.8, 2.9, ........ ................... 6.6. 6.29. 10.4, 15.2.1 Project --definition of..............................................131 Project Representative-- ENGINEERs Status During Construction........... 9.3 Project Representative, Resident --definition of .........1.33 prompt payment by OWNER.....................................8.3 Property Insurance— Additional ........... _............................................53 genera15.6-5.10 Partial Utilization.__...........................5.15. 14.10.2 receipt and application of proceeds ............ 5.12-5.13 Protection, Safety and..............................6.20.6.21, 13.2 Punchlist..........................................................1431 Radioactive Material-- derinlionof......................................................1.32 genera14.5 OWNER's responsibility for ..... .......................... $.10 Recommendation of Payment................J4.4, 145, 14.13 Record Documents .-..._-.-..._.-......----...._..-6.19, 14.12 Records, procedures for maintaining ..........................2.8 ReferencePoints.......................................................4.4 Reference to Standards and Specifications of Technical Societies... ............... _ .................... 3.3 Regulations, Laws and(or)......................................6.14 RejectingDefecfive Work..........................................9.6 Related Work -- atSite ......................................... . ...... ....... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review....................§.28 Remedies, cumulative ............. ......................17.4.17.5 Removal or Correction o(Defecfive Work ... ............. 13.11 rental agreements, OWNER approval required .... 11.4.5.3 replacement of ENGINEER, by OWNER_ ,,,,,,,,,,,,,,,,,$.2 Reporting and Resolving Discrepancies................................2.5, 3.3.2, 6.14.2 Reports -- and Drawings., ............................ ...... ............ 4.2.1 and Tests. OWNER's responsibility .....................8.4 Resident and Project Representative_ definition of....................................................J.33 provisionfor ................................. ......................... _Y.3 E1CDC CEWiRAL COMITIONS 1910-9 (1990 EDIT1OM w/ CITY OF FORT COLLINS MODMCATI OM (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR'S................&2 Responsibilities-- CONTRACTOR's-in general .................................. 6 ENGINEER's-in general........................................9 Limitations On, .......... ............. _..................9.13 OWNER's-in general ............................................ S Retainage............................................................14.2 Reuse of Doctmtents............ .... . ........... ............... ..:.. 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal .........................U5 Review or Applications for Progress Payments .................................... 14.4-14.7 Right to an adjustment...........................................10.2 Rightsof Way... ......._........•.......- ............................4.1 Royalties, Patent Fees and... ................... ....... . . .... 15.12 Safe Structural Loading..........................................6.18 Safety — and Protection ................................4.3.2, 6.16, 6.18, ......... _........... ---...... 6.206.21. 7.2. 13.2 general..................................................... .20-6.23 Representative, CONTRACTOR's.......................0-21 Samples -- definition of......................................................1.34 general..................................................... .246.28 Review by CONTRACTOR ... . ....................... ..... 6.25 Review byENGINEER..............................4.26, 6.27 related Work.....................................................0,28 submittal of., ................. ......_..----------6.24.2 submittal procedures.........................................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 ..............._.-.....-....2 612.8-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting...........................................................4.6 Change of Contract Times.................................10A Initially Acceptable......................................2.8, 2.9 Preliminary....................................................... 2:6 Scope of Changes ............................. .. ... ....10.3-10.4 Subsurface Conditions .......... .............. _............., Shop Drnwings-- and Samples, general ................................ 6.24-6,28 Change Orders & Applications for Payments, and ........ ...... ..-............. ....... .7-9.9 definition of.. .......................... __ .................... j.35 ENGINEER's approval of ................................ 3.6.2 ENGINEER's responsibility for review......................................9.7. 6.24-6.28 related Work ........................ ..........._..................18 review procedures...............................2.8, 6.246.28 Article or Paragraph Number submittal required...............................................6.24.1 Submittal Procedures ........................................ 6.25 use to approve substitutions., ............. __ .......... .4.7.3 Shown or Indicated...............................................4.3.1 Site Access......................................................7.2, 13.2 Site Cleanliness.....................................................617 Site, Visits to — by ENGINEER ......................................... _9.2. 13.2 byothers ... .........._...__ ..........................._. ....... 13.2 "special causes of loss" policy form, insuranw........................................................5.6.2 definition of. .... ............................................... J.36 Specifications— def nation of....................................................Y36 of Technical Societies, reference to-... .............. 3.31 precedence......................................................3.3.3 Standards and Specifications of Technical Societies ............................. .......... 3.3 Starting Construction, Before,.............................2.5-2.8 Starting the Work .........................._...._.................. A Stop or Suspend Work -- by CONTRACTOR ....... .................................... 15.5 by OWNER._................................:8.8, 13.10, 15.1 Storage of materials and equipment .....................4.1. 7.2 Structural Leading, Safety ....................................... 6.18 Subcontractor -- Con c e r n i n&...............................................15. 8-6.1 I definition of ............................. ...... ................ 1.37 delays...--..............._...............-...................12.3 waiver of rights................................................611 Subcontractors —in general.................................6.8-6.11 Subcontracts --required provisions,., ...... 5.11. 6.11, 11.4.3 Subm ittals-- Applications for Payment.................................14.2 Maintenance and Operation Manual*. . ............. 14.12 Procedures .......................................................0.25 Progress Schedules......................................2.6, 2.9 Samples ..... .............................................. 0.24-6:28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions ................ ............ ....... _2.6, 2.8-2.9 Shop Drawings.......... .............................. 6.246.28 Substantial Completion -- certification of............................0...30.2.3, 14.8-14.9 definition of, ....................................................1.38 Substitute Construction Methods or Procedures....... 6.7.2 Substitutes and "Or Equal" Items .............................. 6.7 CONTRACTOR's E..Vense.............................0.7.1.3 ENGINEER's Evaluation .................................6.7.3 , Or-Equa 1"................................................... 0.7.1.1 Substitute Construction Methods xiii EJCDC GENERAL CONDITIONS 1910-8 (1990 MTION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number or Procedures 0,72 Substitute Items,., ................. _ ........... ....... _ 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatiig to ........................4.2.1.2 4.2.1.2 ENGINEEWs 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 ....................................... 4.11.2 Possible Contract Documents Change ...............4.2.5 Possible Price andTimes Adjustments...............41.6 Reports and Drawings ............... ..... _ .............. 4.2.1 Subsurface and ....................................................4.2 Subsurface Conditions at the Site Technical Data .................................................4.2.2 Supervision - CONTRACTORS responsibility ................... ....... 4A OWNER shall not supervise ............................. _. 8,9 ENGINEER shall not supervisq ................. 9.2,9.13.2 Superintendence...................................................... A2 Superintendent, CONTRACTORS resident., .......... _.§.2 Supplemental costs. .................. ........................... 11.4.5 Supplementary Conditions_ definition of......................................................1.39 principal references tc? ................. 1.10,31.18,2.2,2.7. --------- ­ ........... 4.2,4.3, 5.1.5-3,5.4,5.6-5.9, 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9. 10 Supplementing Contract Documcntv .........................�,6 Supplier— definition of ........................... ................. : ........1.40 principal references tq ........... 3.7, 6.5, 6.8-6.11, 6.20, ..................6.24, ..........'"'0.24, 9.13,14.12 Waiver of Rights .............................. ..........6.11 Surety -- consent to final payment„ ..................... J4.12.14A4 ENGINEER has no duty Iq ......... ...................... 9.13 Notification of ... ......... ...... __ ..... __10.1. 103,15.2 qualification of ..... - ......... ................ _ ... ...... 53-5.3 Survival of Obligation_............_............................ 15,34 Suspend Work, OWNER May ... .... _ .... .... )3.10,13.1 Suspension of Work and Termination .......................15 CONTRACTOR May Stop Work or Terminate.._.._........_..-- .....................J53 OWNER May Suspend Work.............................15.1 OWNER MayTerminate.. . .......................... 15.2-15.4 Taxes --Payment by CONTRACTOR........... .............. ¢.15 Technical Data -- Limited Reliance by CONTRACTOP . ................4.22 Possible Price and Times Adjustment* .............. 4.16 Reports of Differing Subsurface and Physical Conditions ....................................42.3 xiv Temporary construction facilities .............................. 4.1 Article or Paragraph Number Termination -- by CONTRACTOR ........................................... J5.5 by OWNER ......................................... of ENGINEERS employment ............................... P1 Suspension of Work-in general.............................I5 Terms and Adjectives ... .......................................... 3A Tests and Inspections -- Access to the Work, by others ..... ...................... J3.2 CONTRACTOR's responsibil ities_ ........... __ .... 33.5 cost of 13.4 covering Work prior tQ ....... ...................... )3.6-13.7 Laws and Regulations (or)............_ ..................13.5 Notice of Defects _13.1 OWNER May Stop Work '' ...... 13.10 OWNER's independent testing,,,,,,,,,,,,,,,,,,,,,,... .13.4 special, required by ENGINEER .........................9.6 timely notice required .......................................13.4 Uncovering the Work, at ENGINEERS request, ............................ ....... _ 13.0-13.9 Times -- Adjusting........................................................... 0,6 Change of Contract......._ ............. ........ ............. 12 Computation of ........ ........... ...................... 17.2 Contract Times --definition of ..........................J.12 day.........................................................17.2.2 Milestones )2 Requirement -,- appeals.... .......... ............ ............. _910, 16 clarifications, claims and disputes ..................9.11, ILZ 12 Commencement of Contract Time$ ................. 2.3 Proconstruction Conference ................. _ ....... 2.8 schedules .2.6,19.6.6 Starting the Work_ ............ L ......................... 2.4 Title, lvklarranty of ..................................................14.3 Uncovering Work ............... ............ ............... 13.9-13.9 Underground Facilities, Physical Conditions - definition of ....................................................1.41 Not Shown or Indicated...................................4.3.2 protection of ........ __ ........ ......... ............... 43,0.2Q Shown or Indicated .........................................4.3.1 Unit Price Work - claims....................................... ................. 11.9.3 definition of ....................................................).42 general 11.9,14.1, 14.5 Unit Prices_ gentraill.3.1 Determination for 9.10 Use of Premises ................................ 6.16. 6,18.6.30.2.4 Utility owners .............................0.13, 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...... ........................ ;.6.2.8-2.9,14.1 EJCDC GENET AL CONDITIONS 1910.9 (1990 EDITION) w/ CITY OF FORT COLLINS MODMCAr0M (REV 9/99) Variations in Work --Minor Authorized ............. .................._........ .25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER ................................... 9.2 Waiver of Claims --on Final Payment.... .................. 14.15 Waiver of Rights by insured partiq .................5.l 1, 6.11 Warranty and Guarantee, General —by CONTRACTOR ............................................... 0.30 Warranty of Title, CONTRACTORs ........................14.3 Work -- Accessto..........................................................13.2 byothers, ............................................................. 7 Changes in the.....................................................10 Continuing the..................................................0.29 CONTRACTOR May Stop W(rk or Terminate...............................................15.5 Coordination of..................................................7.4 Cost of the .............................. _................ 11.4-11.5 definition of ........................................................1.43 neglected by CONTRACTOR............................13.14 otherWork ............... ............... ............................. 7 OWNER May Stop Work ...... ........ ................. ..13.10 OWNER May Suspend Work....................13.10, 15A Related, Work at Site.....................................7.1-7.3 Starting the.........................................................4 Stopping by CONTRACTOR.............................15.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized minor ........... 3.6 Work Change Directive -- claims pursuant to_ .......................................... 10.2 definition of, ....... .......................................1.44 principal references to......................3.5.3, 10.1-10.2 Written Amendment -- definition of ..................................................... J AS principal references tq..............1.10, 3.5. 5.10,15.12, ........................ ¢.6.2, 6.8.2, 6.19, 10.1, 10.4, ................... ......._.MZ 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations...................................3.6.3.9.4, 9.11 Written Notice Required_ by CONTRACTOR.............................7.1, 9.10A.11. ............................... 10.4. ll.2. 12.1 by OWNER ....................9.10.9.11, 10A, 11.2, 13.14 n. EXMC OENEKAL CONDITIONS 1910.8 (1990 EDMON) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) xvl EICDC GENERAL CONDITIONS 1910.8 (1990 EDITION) wf CITY OF FORT C.OLUNS MODIFICATIONS (REV 91") GENERAL CONDITIONS ARTICLE 1-DEFINMONS 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 s ngular oral 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. 1.3. Application for Payment -The form accepted by ENGINEER 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. 1.4. Asbestos -Arty material that comains more than one percent asbestos and is friable or is releasing asbestos fibers two the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. BiMgdi Docwneitty--The advertisement or invitation to Bid, instructions to bidders, the 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. 1.8. Bonds -Performance and Payment bonds and other instruments of security. 1.9. Change Order -A document recommended by ENGINEER, 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 Documenis-The Agreement, Addenda (which pertain to the Contract Documents), CONTRACI'OR'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 rxvc OLNERnt cot4Dtnors 191" (1990 Edtim) WY CITY of FORT COLLINS MODIRCartot4s (RE-v 4n000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINIEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or alter the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 421 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. Contract Times -The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (it) to complete the Work so that it is ready for final payment as evidenced by ENGiNEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR -The person, firm or corporation with whom OWNER has entered into the Agrcement. 1.14. defective -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 DoLumerim, 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 OWNER 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 mid 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. E,$eedw 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 last of the two parties to sign and deliver. LIT ENGINEER -The person, Cum or corporation named as such in the Agreement. 1.18. ENGMER's ConwItard A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEERS 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 ice or the Contract Times. 306.01 Subgade Preparation BY 111000 $1.81 $18,100.00 306.02 'Asphalt Recycling 5-10" SY 5,000 $5.34 $26,700.00 307.10 Class C Fly Ash Delivered & Spread 12" Depth, 12 % by weight SY 15,000 $7.95 $119,250.00 307.20 Stabilize Subgrade- Tilled, Watered, & Compacted SY 10,000 $4.19 $41,900.00 403,03 HMA Grading SX Ton 500 $65.45 $32,725. 403.04 HMA Grading S, 64-28 Modified Binder Ton 28.000 $67.94 $1,902,320.00 403.05 HMA- Grading S, 64-22 Binder Ton 25,000 $6075 $1,518,750.00 403.06 HMA Grading SG Ton 500 $55.29 $27.645.00 403.07 HMA S 75/100 Eland Patching - Remove & Replace Ton 1,500 $118.40 $177,600.00 403,08 HMA SG 75/100 Hand Patching a10' Remove & Replace Ton 300 $11&40 $35,520.00 403.09 HMA Paver Patching - Remove & Replace Ton 1,000 $100.11 $100,110.00 403.10 HMA - Grading Sl( 58-28 Binder (20% RAP) Ton 300 $65.71 $19.713.00 403.11 HMA-Grading S, 58-28 Binder (20% RAP) Ton 1,000 $61.02 $61,020.00 403.12 HMA Leveling 1 To 100 Tons Ton 1,000 $91.50 $91,500. 403.13 HMA Leveling 101 to 250 Ton 1,000 $80.74 $80,740.00 403.14 HMA Leveling 250 and Greater Ton 1,000 $69.97 $69,970.00 403.15 HMA-Speed Humps SY 1,000 $38.75 $38,750.00 403.16 HMA - Haul From Taft Hill Hot Plant To The North Ton 58,300 $1.95 $113,685.00 420.01 Geotextile Paving Fabnc SY 20,000 $1.65 $33,000.00 420.02 Glass Grid #8511 - 50 to 500 SY 50 $18.65 $932.50 420.03 Glass Grid 08511 - 501 to 15M BY 501 $10.34 $5,180.34 420.04 Glass Grid #8511 -1501 and Greater SY 1,501 $9.06 $13,599.06 420.05 Tru-Pave Fabric 50 to 5W SY 50 $5.86 $293.00 420.06 Tru-Pave Fabric 501-1500 SY 501 $4.80 $2,404.80 420.07 Tr Pave Fabric 1501 and Greater SY 1,501 $3.25 $4,878.2 627.01 Installation of Thermoplastic HR 200 $226.60 $45,320.00 627.02 Lead Worker for striping layout HR 150 $45.32 $6.798.00 627.03 Support workers for striping layout HR 350 $26.33 $9,915.50 627.04 Pavement marking paint Gallon 1,300 $84.98 $110,474.00 627.05 Pavement Mark Removal 4h (surface Grindirg) SF 350 $5.67 $1,984.50 627.06 61nch White Line (Thermo) LF 1,450 $3.71 $5,379.50 627.07 181rch While Line (Thermo) LF 4,750 $17.36 $82,460.00 627.08 24 Inch White Line (Thermo) LF 200 $22.33 $4,466.00 627.09 Speed Bump Stencil (Thermo) Each 6 $153.90 $923.4 627.10 Bike Symbol(6 ft)W/Arrow (Thermo) Each 90 $446.92 $40,222.80 627.11 RT I Lft Mow Stencil (Thermo) Each 115 $349.31 $40,170.65 1.20. General Requirements -Sections of Division I of the Specifications. 121. Hazardous Waste -The tam Hazartkws 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. 122.a. Laws and Regulations, Laws or Reguaalions-Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having; jurisdiction. 1.22.b. Legal llvhdays-shall be those holidays observed by the City, of Fort Col lins 1.23. Liens -Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Alilestbne--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of nil the Work. 1.25. Notice of Award -A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated thereim within the time specified, OWNER will sign and deliver the Agreement. 1.26, Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents, 1.27. OWNER -The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1,29, Partial Uhliaation-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. 1.29, PCBs-Polychlorinatedbiphenyls. 1.30, Petrokwit-Petroleum, including crude oil or any faction 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-Iiarardows Wastes and crude oils. 1.31. Pr*ct-The total construction of which the Work to be provided under the Contract Documents may be the tvhok, or a part as indicated elsewhere in the Contract Documents. 132.a. Radioactive Material -Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of elCDC GENERA. CONDI-nom 19103 (1990 Edition) w/ CITY OF PORT COLLINS MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Working Hours. -Regular working hours are defined as 7:00am to 6:00om unless otherwise specified in the General Requirements. 1.33. 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 Dmudngs-All drawings, diagrams, illustrations, schedules and other data ur information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to il lustrate some portion of the Work 1.36. Spec(ficatlats--Those portions of the Contact Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 137. Subcontractor --An individual, firm or corporation having a direct contact with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion -The Work (or a specified pert thereo 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 intended; or if no such certificate is issued, when the Wok is complete and ready for final payment as evidenced by ENGiNEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially a mplete" and "substantially completed" as applied to all or pan of the Work refer to Substantial Completion thereof. 1.39, Supplementary 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. IAA Undergrotmd F=hdes-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 furnish 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- (brit Price Work —Work to be paid for on the basis of unit prices. 1.43. Work —The entire completed wntitrudion 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 anti furnishing and 'incorporating materials and equipment into the cons ruction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44, Work Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGRdEER, ordering an additiwi, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph4.2 or 4.3 or to emergencies under paragraph6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Arrvn&wnt--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—PREIdAUNARY MATTERS Delitmv of Bonds: 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 Documents 22. OWNER 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 Con&act 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, EXI)COENEKAL CONDITIOM 191" t1990 Edtim) col CITY OF FORT 0DI11N5 MODH-1CA—n0N5 0tEV 4t200D) 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 Hid -opening -or the-thirtieth-day-a€terthe Effective Date of theAgreement:-whichever-elate isearlier, Starring the Worlr: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to rut, but no Work shall be done at the site prior to the date on which the Contract Tunes commence to run Before Starting Conshucbom 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 conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from FNGlNEER before proceeding with anWork affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error. ambiguity or discrepancy in the Contract Documents, unless C:ONTRAM'OR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones speed 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; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calends days for each review by P.naineei. 2.6.3. A preliminary schedule of values for all of the Wok 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, CONTRACTOR erA QkW44� shall each deliver to the cotter OWNER with copies to each additional iibiaR dAntified in the PupplementRry Conditions ENGINEER, certificates of insurance (and other evidence of insurance west requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4; 5.6 and 5 7. Neconsrruction Conference: 2.8. Within twenty days alter the Contract Times start to runt but before any Work at the site is started• a conference attended by CONTRACTOR. ENGINEER and others as appropriate will he held to establish a working undersutnd.mg 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 Applirationts for Payment and maintaining required records. Initially A ccepmhle Schedules.• 2.9. Unless otherwise provided in the Contract Documents, App4ieatien€er-Payment before any work at the site be¢ins. a conference attended by CONTRACTOR, ENGINEER and others as ate dccsi8nated by OWNER will be held to review tar acceptability to ENGINEER as provided below the schedules submitted in accordara' with pamgmph2.6. and DivsipJ 1=.Gemeral_ CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schoduloa No progress payment shall he 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 Tones, 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 Cull respornsbility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOWs schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTPACT DOCUMENTS: INTENT, AMENDING, REUSE intent., 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR cortce ung 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 construed in accordance with the law of the place of the Project. 32. It is the intent of the Contract Documents to EJCDCGENE M. CONIXTION51910-8 099a Editim) w/ CITY OF FORT CbLLIiSi MODIFICATIONS (REV 4/Z000) describe a functionally complete Project (or part thereol) to be constructed in accordance with the Contract Documents, 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 he famished and performed whether or not specifically called for. When words or phrases which have a well-known teclvtical 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 be issued by ENGiNMR as provided in paragraph 9.4. 33. Reference to Standardr and S�recifrcations of Technical Societies; Reporting and Resolving Iliscrepanciev 3.3.1. Reference to standards, specifications, manuals or codes 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 Iaws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement of 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 irtstruction 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 paragraph3.5 or 3.6: provided however, that CONTRACTOR shall not be liable to OWNER 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 pamgmph3.5 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 Docurnents 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 3.33.2. 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 ENGINEER or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER'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. 34 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" at terms of like effect or import are aged, or the adjectives "reasonable", "suitable". "acceptable". "proper" or "satisfactory" or adjectives of like effect or import arc used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for co npliance with the requirements of and information in the Contract Documero 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 ENGINEER any duty or authority to supervise a direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or am other provision of the Contract Documents. Amending and Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and 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 ER'DCOLNERAL CONDIIlOM 1910 8 (1990 Edtiw) w/ aTY OFFORT COLLINS MODIMCA11ON5 (REV V20011) 3.5.3. a Work Change Directive (pursuant to paragraph 10.0. 36. In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may he authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.51 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEERS written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization 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 ownershi r ghts in any of the Drawings, ns Specificatioor other documents (or copies of any thereof) prepared by or hearing the scat of ENGINEER or ENGTNEF.R's Consultant, and (ii) shall not reuse arty of such Drawings, Specifications, other documems or e40PICS on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4-AVAELABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands., 4.1. OWNER 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 arc designated for the use of CONTRACTOR I4poFFreesoaabla wratte macs >zst: r.—:_t n�wvrn n"+mnn ..:.Lr-rim } Stuleitttettt ofrecord-legal title and legal dewrtption of -the kinds -upon_. which.- the Work, -is to -be -oral OWNER's--interest- therein-as-neceasary-forgiving notice of-oF—f kng—a--meekmnic s--liern- agaat� -such--lends-in flPaAMARGA with Regulations OWNER sbaU identity any encumbrances or restrictions not of general application but specifically related to use of larch 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 OWNER are linable 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 OWNER's furnishing these lands, rights -of - way or easements, 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 coristruction facilities or storage of materials and equipment. 4.2. Subswface and Physical Candirionx. 42.1. Reports and Draitings: Reference is made to the Supplementary Conditions for identification of'. 42.1.1. Sabslirface Conditions: Those reports of explorations and tests of subsurface cnditions at Or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.12. Physical Conditions: Those drawings of physical conditions in or relating to existing surface of subsurface structures at or Contiguous to the site (except lJnderground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.22. limited Reliance by CONTR MUR Authorized' Technical 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 ENGINEER's Consultants with respect W 42.2.1. 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 42.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 422.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations. opinions ur information. 4.2.3. Notice of Dgering &bsttrface or Physical Conditions: if CONTRACTOR believes the( any subsurface or physical Condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 42.1 and 4.2.2 is materially inaccurate, or 4.23.2. 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 E1CDC GENFIIAL CONDITIONS 1910-S (1990 Editim) w/ QTY OF FORT COLLI M MODIFICATIONS OREV 42000) 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, pniagtly immetliat"I after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as Mitted by paragraph 623), notify OWNER and ENGINEER in venting about such condition. CONTRACTOR shall not firrdher disturb such conditions or perform art), Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEP_R's Renew. ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a Copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Cargruct Documents Charge: Tf ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Chornge Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and 77mes Arfusanents: An equitable adjustment in the Contract Price or in the Contract Timm or both, will be allowed to the extent that the existence of such !uncovered or revealed condition Causes an increase or decrease in CONTRACIOR's cost of, or time required for performance of the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 42.3.4, inclusive; 4.2.6.2. a charge 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; 42.6.3. with respect to Wort: 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 42.6.4.1. 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 6.42- the existence of such condition could reasonably have been discovered or revealed as a result of any examinations, 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 CONTRACTOWs making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as roquired by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or Ierith 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. ENGINa-,R and ENGINEEWs Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conr&densr-UndergroundFacikries: 4.3.1. Shown or Ine6cated.• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 43.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of arty such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Rice and CONTRACTOR shall have hill responsibility fa: (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 paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shotm or ldicated: 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 immediately 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 paragaph6.23), identify the owner of such Underground Facility and exroCallarltAL Cotaolnors Ivlos n9vo Eation) wi r.ITY OF FORD MLLINS MODIFICATIONS (REV 417NO) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the cxLcM 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 0,1GINEER 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 para&mph6.20. CONTRACTOR start} may be allowed an increase in the Contract Price or an erKension of the Contract Times, or both, to the extent that they arc 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 amicipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or CrA tract Tines, CONTRACTOR may make a claim therefor as provided in Articles I and 12. However, OWNER, ENGINEER and FNGINEER's Consultants shall not be liable to CONTRACTOR for any claims, casts, 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 ENGINTEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed 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, Petroleum, Hawdous Waste or Radioaeli%v 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 within the scope of the Wink and which may present a substantial danger to persons or properly exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 4" ately - 440pau such notice -in -writing) ----OWN R-sWl4-lxontpt4y consult with ENGINEER -comerning-the necessity -for OWNER-4o retain a qualified expart4oevaluate-sueh COW RAC FOR"I not -be tegtiirecI iu resrmte Work R any . Gh . fl e e,n ., ..rl ,.ne_ nlvnrco h-As ablained -r died -permits related -thereto -and -delivered -to t}tat3usbrsndition And anyaffected(IFOR is or has bee (ii) specif i h such V\Altai Z67U A/�1' era +f any +n Work-stappa ..arnstrndar-whisk P4RAC.,TOR to he fesuniet-Il; either-pertyin .5 is elte� tereftiFes-pravided-in An Ales 14 And 1'1 CONTR V7- OR does not-agree-toresuirw such work based n - feasonable L.6ef it is unsafe, or does no dare€ the Work that ,., in amnectien.. h s _h h..lstrdeas oondaiorror in suc:--ffa.ad-a ae-to I- Aaleted from the 1l/ 1. if f\ Wll:[1 earanot agroeasto ontitfeme ntto or -the annount or extent of an as a-tcsu# either party may makaiaNhere e-a-elfor as provided in portion of the Work performed-by-OWNER's-own forces or others intaccordance with Article 45.4. To the fullem Ragulutiotts;-shalFnd- hold hartnk r GONTRACTO+p-indalanify_e� - Subcontractors, ofTxers . diraaors—employees--ogarnts, other cernsultants an vjboanuwkxs-crf-each-tmd-xny-of them --from iand-against-aA-claims,--cuvLy; -losses -and damages arising --out of--or-rasultirg-f roil- -such ha�rakxrs • , cost, --ldsss-or-damage-is-atlribuable--to bodily-injuay, including- the loss -of use resulting --therefrom,--and (ii)nothing in this subparagraph 43:4 shall -obligate OWNER- to- indemnify -urny person or entity -from -and awn-negltgernue 4.5.5. Tl.e piuvisiam of _.-...._._h_ 1.2 __J 4.3 af Re liaeolivo e..leJ At the 9 to F:JCDC r, NFRAL CONDiMOM 1910-8 (1990Edilim) IV/CITY OF FORT COLLINS MODIFICATIONS (REV 42000) ARTICLE 5 -13M DS AM I1skSURANCE Perfarmance, Payment and Other Bonds: 5.1. 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 CONTRAC'TOR'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 Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary 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 "Companies 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 finrnished by CONTRACTOR is declared a bankrupt or beconncs 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 substitute another Band 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 companies that are duly licensed or authorned 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 ar any other additional insured) which CONTRACTOR is required topurchase and maintain in aecor(hmee with paragraph 5.4. OWNER --shall additional. -insured identified in- SuPpiententary cepditiunk Gertifientas offnwnrxsa (and �thar CONMCTOR's Liability Insurance: 5.4 CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate 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 raider the Contract Documents, whether it is to be performed or ftrmshed by CONTRACTOR any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of than to perform or famish any of the Work• or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation disability benefits and other similar employee benefit acts; 542. claims for damages because of bodily injury, occupational sickness err disease, or death of CONTRACTOR'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; S 44.--claims -for damages insured by customary eeveeage Which Hie sualftia4 sash perso rby urv,l9n -for-any othef feasaM 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 any person or property damage arising out of the ownership, maintenance or use of any moor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.43. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive aril 5.41-9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNM, ENGINEER, ENGINEERS Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional 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, 54.9. include competed operations insurance; EXI>C GENE KAL COt4l 110M I910-a (1990 Edtim) w/ CITY OF FORT COLD NS MODIFICATIONS (REV 42000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemmity obligations tinder paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be 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 al I times thereafter when CONTRACTOR may be cormutirig, removing or replacing defective Work in accordance with paragraph 13.12; and 5A.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after friai payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 0"TR's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4. OWNER. at OWNF,R's option, may purchase and maintain at OWNIMs expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents, Property Insurance: &6- - 43nieRs otherwise-prov ided-in tIw-Supl�lemaMery Cenditiom- 43WNER--shall .purchase-end--a»eintain of - tlte-full- replacem rat _ cost -thereof-{subject _4o ..such deductible-amounts...as._.may, -4 ._priwided_.in_.thv Supplementary- 42imditiore..or...-requircd-.-by--Lows-aril Regulations)-T!Jiis insurance -shall 3:6:1—inolt�e the_ interests--ef---QM4.ems �1•1'r'D wl�Tl1D L`l f/rA9_;_9D 'rxmvr���ahr>ontFaeifW.•S�.�vn+vvi� ertiities--identified-in-the Supplementary Gonditions. eaehof whom is tleemed to have -uninsurable interest and shall- be listedns an insured or additional -insured; -.be.-written -ort- a- Builder's .Ride. -'all- risk --or alpal 'ea; the 44'eming perils fim lightning, nde coverage: theft: -vandalism- .and--mahaous mischief: On kh-�ionb� 3b 3 ire lode--menses-irFcurred_.in--- the -repair- or replacement of ony-insured property (utcluding-but not architects): or-st-another location, that was agreed- to-in-Ftng by WHIe, t-e; ided�a atseh-metes -.Ls ewri and equipment -have -been byENGINEER a.- 56 < 1.. .,.. _......io-;:^ Tsat�,al-��nel-pa aeAk-is rnfide to eachotheradditiorutl i__..__d ie ..heal a „_..ga.__t_ of ins...,mee L_„ L-en issued as -may -be- -required ..by- -the-Supplementary -Conditions-or iliVii S ;' c�ri�i'vU oiimvim�dq vPi 4441%hk cwrr_rt.n:cu�^Csns..ltant and an othe .... 7c1�� is ddaeted-Lo haYe8n ed-as an :nsafldereddltienai insured maintatned by OWNER -in accordame-with paragraphs-i 0 coverage- afforded will -not becancelledor-materiehy changed or renewal refused until at least thuV dsye-prior written-r arise-#ms-been-given-to-�-and whom-e.-eertifwate-of insurvnce )ms-been-issued-aad-will contain ---waiver provisions .in--accordance----with 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subwntractors or others in the MleFL to the witent of e identified-in-the-&IpPlemastary -Conn itiom The risk of such -loss -end_ if any -of -them -wishes property insurance coverage -within -the -limits of -such-amounts;.. each ..may purchaseand maintain it at the purchaser's own expenw. 540, -4 COWRACTOR requests irewriting--that-ether oh^^ ^der GF Written 4MABdttent. Friero EX'DC GENERAL CONDITIONS 191" (1990 t di4m) 10 wI CITY OF FORT COLLIM MODIFICATIONS MEV 42000) commencement o€-the-W*Fk-at41le-site-0WNl3R cha11-in S� 1T----7bai�er-efRtRhts; S. I I-L-OWNER and CONTRAC )R-intend tint -all policiespurclwsad-inaccm�ionee wt-paragraphs-56 and 5.7. will p te6t Q tWli pD GQW 4R �GTGP Suabcontraotorsi-_ ^�+4 -BNC? i4rER9 insureds -or -additional --insureds- in -sash -policies -and ll dAmages-Ga ebv--AN .its.., _ ..r ..r ...... i...., ..a.... uge tli tkte-utsarecl --or diFeODFS vetwdby, afising out of of Fest9iing ffem any of the per is covered "I- such policies and any sable te the WBd;� and Sueh rights win 8466FAFAGIIGM, 9 Yt,TzP Pz; 6W" iR9R' Qwsukants end-all outer -parsons -or entities identified Ifiges and damages a caused surene Abs.; .._ alb( ivem e?derA to the Fight-, *At art5 ah-waiver may --IiaNe--to-F}ia�lr08feE�-Of payable under anypubeyso-issued:C_tA.^ against--___C-ONT --TM _ _-_-Subcontroctom ininnmco io,.innvcnn's Gefteilta_t_ Find .h,. ofticeM-directors,-employees and agents of env of them. Ion. of-sna...ar--otlmr aortiwquertial...icra eswndng beyond-.-duect_.--physical loss-.-er_.damage--io arisutg outof�tesukvg-Gant-6ra`or oFlter-peril. whether or-not-instuatlby-O�and 3:1-1-2-2: —less-ale-damage--to-;Erseeonpletael resdtung..from-fire,erother -vcuredperil �erect during .__.-pertia1—:uttlianion---pursuant---- to paragraph 14.10;--after -Substantial -Completion pursuant to paragraph 14:S-or-after-final -payment recovery . agetnst.any.of-GONTRA6T0R $UbcaNraGtors Receipt and Application of Inuurance Proceeds: 5.12. Any insured loss under the policies of insurance required by pamgraphs 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 paragraph5,13. 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 Amtndotnt 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 Iess to OWNER's exercise of this power. If such objection be madq 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 insures ^-.i :r ._,...:...,+ ._ �...._......... Acceptance of Bonds and Insurance; Option to Replace: 5.14. If OWNER has any objection to the crn�crage afforded by or other provisions of the Bonds -or insurance required to be purchased and maintained by the ether -part CONTRACTOR in accordance with Article 5 on the bass of non-conformance with the Contract Documents, the ubjeetirWPaAy-shall so-notify-the-etiterparty OWNER will tlp>�i y CpjltCfOR in writlllg within tee fteer� days alter reempt delivery of the certificates for -other eridenee rem p-QMU t as required by paragraph2.7. other such ackiiticx�I- rfomtetion-in-respeet-of-insurance provided -as the other in y-reasorebsly-request--..If either party-does-nut-purc§�-raintain-all-of the Bonds and titsuranoe-required...-of such --party- by the.. -Contract writing-4-such-fiuihure- to, purciase prior to the start of the W84� OF thefequifedeoveFaije, Without pFejudiw to ",ether fight or remedy -;-the- other -party- may --eled-to-obtain-equwalent Bonds or insurance to protect such other party's interestsat the expeme of the party who was required to provide such Contract (trice accordingly Partial Ut9Guttion-Propertrinsurance: 5.15. I1 OWNER firxis it necessary to occupy or use a portion or portion of the Work prior to Substantial EKUC43ENE KAL COMMOM 1910-8 UM Edtiai) w/ CITY OF FORT CDW M MOLIMCAT10NS IAEV 42000) Completion of all the Work such use or occupancy may be accomplished in accordance with paragraph 14.10, 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 charges in coverage necessitated thereby- The insurers pro% 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 3upenddon andSuperintendence: 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 Contact Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not he 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 CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contact Documents. 6.2. CONTRACTOR shall keep on the Work at all times daring 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 as if given to CONTRA(TOR. 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 disci line end order at the site. Except as otherwise required }or 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 dying regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit reoucsts to the ENGINEER no less than 48 hours in advance of any Wok to be performed on Saturday. Sunday. Holidays or outside the Re¢ular Work= Hours. 627.12 8ft"ONLY'Slencil(Thermo) Each 1 $500.13 $500.7 627.13 "RR Kit Narrow" Stencil (Thermo) Each 4 $957.54 $3,830.16 627.14 Temporary Yellow Stnping Tape Roll Each 3 $83.72 $251,1 627.15 Temporary White Striping Tape Roll Each 3 $83.72 $251,16 630.01 Construction Zone Traffic Control Percent 1 7.50 % $ 402,381.62 630.02 Additional Variable Message Board Per Each i Per Day 8 $163.06 $1,304,48 630.03 Additional Flagging Hour 150 $25.55 $3,832.50 630.04 Night Work up -charge Per Night Worked 1 $1,000.00 $1,000.00 TOTAL BASE BID $6,240,238.89 I Submitted b C Company: 4/ j layLrItz `Lt tall/ C-771 Printed: ::�vlo l . ( C'^leTld�y Address: l(9170 Cio 6xc,V PO4 City, State, Zip: AJ Phone: %ZO -Z7Z- /�2f EmailQi,�,iro . 1e-teS44Y 9 eWI&I eft,, - Croce 6A 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, beat, telephone, water, sanitary facilities, ternpomry facilities and all other facilities and incidentals necessary for the furnishing, performance, testing start-up and completion of the Work. 6.4.1, Purchasinw, Restrictions: CONTRACTOR must corn wrath LSe City's puruhasinl, restrictions. A �ly -- copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's oftice. 6.4.2. Cement Restrictions: Citv of Fort Collins Resolution 91-121 rewires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that bb hazardous waste as a fuel. 6.5. All materials and equipment shall he 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 ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and cgwpment 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. Progress Sehewc 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be atustel 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 will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) stall be submittal in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items. 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required Unless the specification or description EJCt C U04MAL CONU1710NS 19105 (1990 Edilim) 12 W1 MY OF FORT COLLIM MODIF1 CAMNS(REV 42000) 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 under the following circumstances: 6.7.1.1. 'Or -Equal". If in ENGINIER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no clmnge in related Work will be required, it may be considered by ENGINEER as an "or al" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR 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 ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER 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 ENGINEER 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 speared 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 CONI'RACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a charge in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All 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 casts 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 charge, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to Punish additional data about the proposed substitute. 6.7.1.3. COMRRCTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONI'RACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a s�citic means, method technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substuute means, method, technique, sequence or procedure of construction acceptable to FNGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in MGINEER'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 -equal. or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to famish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEUCs Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.E 2 and 6.7.2 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 item so proposed or submitted by CONTRACTOR CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 68. Concerning Subcontractors, Suppliers and Nh-ers. 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 any of the Work against whom CONTRACTOR has reasonable objection. EKUC GENEM CONDITIOM 19105 (1990 E(kim) wi CITY OF FORT COLD M MOL)MCAT1ON5(REV 4rL000) 6_9. CONTRACTOR shall perform not less than 20 percent of the G}lork, with its own forces (that is witFwul subcontractor l . The 2 rant re uirement she be understoo to refer to the Work the value of which totals not less than 20 percent of the Contract Rice, 6.8.2. If-the--Supplementary-Conditions Diddm Documents require the identity of certain Subcartractors Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNP in -advsnoa-of4hs-speoifaed date prior to the Effective Date of the Agreement for acceptance by OWNER and ENCrMER--end- if fleaeFdaftee with the SupplenieniaFy Conditions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance nr objection in the bidding documents or the Contract Documents) of Any "Iwv ar other person or in ...L:_4 ease c4ppi'o ArIYlll shell .uhffl-it an ENGINEER No acceptance by OWNI;K 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 Work 6.9.1. CONTRACTOR shall be fully responsible to OWNER end ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations perforating 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 cc other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor 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 fret fimush to any subcontractor, supplier or other txrson or orean ization evidence of amounts [raid to CCINTRAC'rOR in accordance with CONTRACTOR'S "Applications for Payment". 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persona 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 track. 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. lViro AvAr wtv mdph . creme C-O`rTT„n� A`rT.^>-R-end-the-�Subec�setor-nr-Supplier-wi}I ling Freareny of tl e perilY . _ r,,.,..... _,.,�,..,,,.. ...,.,a:,.,. r,le. r the Work.--4f-the ...insurers on any -such-�policies-require th Patent Fees and Roj*Mes: 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 others. If a particular invention, desi6m. process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledV of OWNER or ENGINTEER its use is subject to patent rW-" or copyrights calling for the payment of arty license fee or royally 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 }armless 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, coats, losses and damages arising out of or resulting from arty infringement of patent n is or copyrights incident to the use in• the performance the Wort or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documentts. 14 EXDC OENEM COMMOM 1910F(19" UUaa) w/ ©7'Y OFFORT COLUM MODIFICATIONS (REV 42000) Permits: 6.13. Unless otherwise provided in the Supplementary ns, ConditioCONTRACTOR 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 lice Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws andRegalations: 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 CONTRACTOR'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, C:ONI RACTOR shalt bear all claims, costs losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary 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. Tozer: 6,15. CONTRACTOR shall pay all sales, consumer, use and other similar takes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales_._ aA use lances on materials to be �emt__�nrnU ilx omo;ated info the w9ject Said taxes shall not be included m the Contract A ice. Address Colorado Department of Revenue State Capital Amex 1375 Sherman Street Denver, Colorado 80261 Sales and Use 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 Ce 6fi ben of Exemption. All apQhcab'c Salon and Use 'faxes including State collected taxes), on anv items other than construction and buildim materials physically incorporated into the o act are to be id CONTRACTOR and are to i hided in apwopriate bid items. Use of Prefluser 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the oor�x�aations 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 stall assume full responsibility for any damage to any such land or area, 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 sancta with such other party by negotiation or otherwise resolve the claim by arbitmtiarl or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER. ENGINEER ENGINEER's 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 materiak rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from mid abort the premises as well as all tools, atiptances, construction equipment and machinery and surplus materials. CONTRACTOR stall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Wok. 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 s}mll CONTRACTOR subject any pan of the Work or adjacent property to stresses or pressures that will endanger it Record Docameetr EKW riENEKAL CQNwnots Islos asso E(!aan) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4f1000) 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 mend written interpretations and clarifications (issued pursuant to paragraph9.4) in good order and annotated to show at charges 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 OWN Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Wok site or who may be affected by the Work; 6.20.'1 all the Work and materials and equipment to be 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 lases; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection• removal. relocation and replacement of 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 directl or indirectly employed by any of them to perform or f nila any of the Work or anyone for whose acts any of them may be liable, stall 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 ENGINMIRs 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). CONTRACTORN 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 Reprecenid6,e: 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 precautions and programs. HazardCommunimtlon 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. Emergencies: 6.23. 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 determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24, Shop Drawings and Samples• 6.24.1. CONTRACTOR shall submit Shop Drawing to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGE=- 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 ENGD4M 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 EICDCGENE AI.CONDITIOM 1910-8Q990E66m) 16 w/ MY OF FORT COLLIM MODIFICATIONS (REV 42000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. G25. Submittal Procedures: 6.25.1. 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, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect 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 Work and the Contract Documents. 6.252. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variation, 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. M1GINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Strop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGI[N ER's review and approval will be only to determine if the 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. ENG]NEEks review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular mean% 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 ffinctions. 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 ENGINEER on previous submittals. 627. ENG1NEER'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 ENGINEER's attenrticit 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 6.25.1. 6.25. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed pnor to ENGINEER's review and approval of the Pertinent submittal will he at the sole expense and responsibility of CONTRACTOR continuing the Work: 6.29. 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 155 or as OWNER and CONTRACTOR may otherwise agree in Witrg. 6.30. CONTRACTOR's General A-'arranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER. ENG]NEER and ENGINEER's Consultants that all Work will be in aeoordance with the Contract Documents and will not be defective, CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR Subcontractors or Suppfiers: 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 EXDC GENEKAL CONUMOM 1910-5 UM Edam) w/ OTY OF FORT COI UM MODIMATIONS (REV 42000) 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 oertifncate of Substantial Completion or arry payment by OWNER to CONTRACTOR under the Contract Docurerim 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; 6.30.2.7, any inspection, test or approval by others; or 6.30.2.& any correction of defective Work by OWNER. Indminifrcation: 631. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER. ENGDTEER. ENGINEER's Consultants and the officcrs, directors, employees, agents and other consultants of each and any of them from and against all clams, 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, prov idol that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness. disease or death, or to injury to or destruction of tangible property (other than the Work itseli), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOI;4 any Subcontractor, any Supplier, 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. 632. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, 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 nut be limited in any way by any limitation on the amouna 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 paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agent, caused by the professional negligence, errors or omssTors of any of than. SarvnnhofObh.g Ons: 6.34. All representations, indemnifications, warranties and guarantees made in. required by or given in accordance with the Conrad Mcuments, 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--0TEIE2 WORK Related War* at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions sim ilar 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 Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expose to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNERSs 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 pproroperly correct and coordinate the Work with theirs. ITnless 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 outtigg, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected The duties and responsibilities of CONTRACTOR tinder this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EICDC GENERAL CONDITIONS 1910-5 (1990 Eytim) 1 w/ CITY OF PORT COLLINS MODIFICATIONS (REV 4/Z000) 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 it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7A If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among tlx: various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemised; 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 9--OWNER'S RESPONSIBILITIES 8.1, Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR throug h ENGINEER. 8.2. In case of termination of the employment of ENGINEER. OWNER shall appoint an engineer against whom C-ON-T-RACTO&inakey-rro-reasoaabk-objat.•{ian; whose status under the Contact Documents shall be that of the former ENGINEER 8.3- 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. OWNERs duties in respect of providing lands and easements and providing engineering surveyyss to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations 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. ME[ MRifi4aiiaing liability and foHhinTaregrephs3thratrgh3-1{3: - kBUFan86 We Se 8.G. 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 OWNER's right to stop Work or suspend Wok, see hs 13.10 and 15.1. Paragraph152 deals with O1N R'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, 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. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents, Aslieste. PG99 Petroleum liamrdeAd. I.A.a.tom eF Radioaetive-Materials uncovered -or revealed at the site o 8,11. If and za arrangements—have--meet--made--to -satisfy -OWNERS responsibility- in respect thereof will -be us set forth -in the Supplementary Conditions. ARTICLE 9—ENGTNF.ER'S STATUS DURING CONSTRUCTION OWNFJ2's Representative: 9.1. ENGINEER will be OWNERS, representative during the construction period. The duties and responsibilities and the limitations of authority of ENGMER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER Visits to SSte: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EKDC:OENWAL COMMONS 191" (1990 Sdtlm) wf CITY OF FORT COLLINS MOD[nCAnONS (REV 42000) 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. ENGINEER 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 exhaustive or continuous on - site inspections to check the quality or quantity of the Wort:. 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 keepOWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations arc subject to all the limitations on ENGINEER!s authority and responsibility set forth in paragraph 9,13, and particularly, but without limitaLim during or as a result of ENGINEER's on -site visits or observations of CONTRACfOWs 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 Regulations applicable to the himishing 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 paragraphs9.3 and 9.13 and in the s��I� lema ^.^7 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 the Supplementary Ger0itio pgrggr%t-2.� of these Cren Tal Conditions, IF the FT.'GTNTTFF.R fumishts .8_.Y4fJdent Projeia Representative (RPR,,,._Q�Qtl1g[ asxisianls,yr it the OWNER closignates a_.__ eserpative or agent. all as provided u gantgraph 9.3 of the General Qg..idAigpg., these Representatives shall have the authority and limitations_as provided in uraragraph _9.jj_qf the General Conditions and shall be subject to the following: 9.3.1. The Representative's dcahnes in matters r&rtaining to the o -site wok will in general, be with the ENGINEER and CONTRACTOR But the &cXr 4give_. will kCeep the pr9mt adv_,ised about such mattes The Reuenta ve's dealings with subcontractors will only he through or with the full knowledge and atroroval oC the CONTRACTOR 9.3.2. Duties and Responsibilities. Representative will: 9.3.2.1. Schedules - Review the rrogress 19 schedule and other schedules prepared by the CONTRACTOR aridconsult_ with the ENGINEER wncarting acceptability. 9.3.2.2. Conferences and Meetina - Attend meeting with the CONTRACTOR such as preconstruction confaenas. nro�, ass once ' and other iob conferences and prepare and circulate cooies of minutes of meetirws 9.3.2.3.Lisisot 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR workirm principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understandir the Contract Documents. 9.3.2.3.2. Assist in obtaining from OWNER additional details or infomtation when required for prooer execution of the Work. 9.3'2.3.3. Advise the FNilNEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or samDle submission if the submission has not beat M?ptgved by the ENGINEER Q,'},a.4.Review of Wor}:.�yjgction of Defective Wo 1 n§pcctiionsandTests- 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determird that the Wok isgoce4ng in aceordancc with the Contract Documents, 9_3.2,4.3 Accompany visiting inspectors representing public or other ac maie4 bavirta yrislicdon over the Proiect record the results of these inspections and report to the ENGINEER 9.3.2.5. 1&-MNA9ti9 of CMIT act Document& ReDurt to ENGMER when clarifications and interpretations of the Contract Doctor arc needed _ and _ tralmaitto 99NTRACTOR clarification and interpretation of fbe Contract Documents as issued by the ENGINEER 93.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggesdoms fo 20 EJCDCOENERAt 00NDITION51910-8(1990 Editim) w1 aTY OF FORT COIN m mowiCATIcros(F,"'d2000) modification in Drawings or Specifications and report these recortrmendatiggs to ENGII�1 ER_ Accuratelyit to CONTRACTOR decisions issued the to 9.3.2.7. Records. W- 23 82 _1.., Ft3rnich ENG_6?eIt45114 reports. as required of the Iat>pess of the Work and of the CONTRACTOR'S catnpbance with the prowess schedule, schedule of shop Drawing and sale WDM)M 23:z�8 4�Ce��n Wit�G advance of schedulim major tests inspections or suvt of important phases of the Work. 93.2.83. Draft goposed Cltaryge Orders and Work Directive Changes. obtaining backup material from the CONTRACTOR and recommend to ENGINEER Change Orders Work Directive Chanties and field Mlcrs, 9.3.2.8.4. Repot immediately to ENGII�FER an OWNER t}x oxtrrrence of any accident. 9.3 2 9 Payment Requests Review applications for payment with CONTRACTOR for anmplianoe with the established procedure for thew submission and forward with recommendation to ENGINEER noting particulariv the relationship of Ihe_paym ent requested to the.sp_}iedule of values work completed and materials and auiprnert delivered at the site but not incorporated m the WWork. 9.3.2.10. Completion. 9.3.2.10.1. Before ENGINEER issue ,a Cenifiwte of Substantial Completion, submit to CONTRACTOR a list of observed items rew rine correction or completion 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER, OWNER and CONTRACTOR and Mare a final list of items to be carected or completed. 9 3 2 10.3. Oberve that all items on the final list have heen corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority: The Representative shall Tot 9.3.3.1. Autltdrize attx _deviation_ from the Contract Documents or accept any substitutc materials or gatioment unless _auth0FVxd._by_ tit; ENGINEER. 9.3.3.2. Exceed limitations of ENGINEER' authority as set forth in the Contract Documents, 9.3.3.3. Undertake py_of thx rca _miNlities of the CONTRACTOR_ Subcontractors or CONTRACTOR'S supeajplelldent. 9.3.34 Advise on or i35tite dy t2415544 ve to_ or assume control over any aspect, of the means, methods. tedm 41 enoes or procedures for constructm unless such is specifically called for in theeCc rdract Doctanettts. 933.5. Advise on or issue directions Wdityg...pr _assume ._ cpM91__tw-g . _W gecautions and pr ants an connections with the Work.. 9�3.3.6. AgggA__.S6op Drawangs_Qr sample submittals from anyone other than the CONTRACTOR 9.3.3.7. Authorial OWNER to occupy the Work in whole or in M. 9.3.35.Ps;ticipate__?4.��81bZed__TL41a g laboratory tests or inspections conducted by others except as —skmi6cally tt 0g nzed by_Ute ENGINEER. Cdarifreations and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDCO04M AL COM MOM 1910F am E&M) WICITY OF FORT OM"M MODIFICATIONS (REV 4/1000) requirements of the Contract Documents (in the form of Drawings 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 CONTRACTOR. 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 axtenl thereot if any. OWNER or CONTRACTOR may make a written claim therefor as provided in Article I 1 or Article 12. Authorized Variations in Work. 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Document-. which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents These maybe accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the panics arc unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I i or 12. Rejecting DWertive Work: 9.6. ENCriNEER will have authority to disapprove or reject Work which ENGINEER believes to be tdefecirve, 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 13.9, whether or not the Work is fabricated, installed or completed Shop Drawings, Change Orders and Payments 9.7. In connection with ENGINEER'S authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Dererminvions 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 ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed for Payment or otherwise), ENGINEER'S written decision therecut will be final and binding upon OWNER and CONTRACTOR unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to app�aa1 from ENGINEER's decision and: (i) an appeal from ENGINE-Eks decision is taken within the time Emits 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 oompetent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER'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 Disputer 911. ENGINEER will he the initial interpreter of the requirements of the Contract Documents and judge of the accep lability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the mWirements of the Contract Documerns pertaining to the performance and furnishing of the Work and claims under Articles i l and 12 in inspect 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 paragmph- Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other 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 he 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 of the opposing party's submittal, if any, in accordance with this paragraph ENGINEER's written decision on such claim, dispute or other matter will be Grad and binding upon OWNER and CONTRACTOR unless: () an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in E OUIT 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 ENGINEER's 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 EXI)C GENERAL CONDITIONS 1910.8 0990 Edidm) 22 wl CITY OFFORT COLLINS MODIFICATIONS 0TV412000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under parapaphs 9.10 and 9.11, ENGINEER will not show, partiality to OWNER or CONTRACTOR and will ran 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 matter pumantieAFliele 16. 9.13. Limitations on ENGINLER's Authority and Re,pondbdfitier 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents 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 ENGINEER shall create, impose or give rise to any duty owed by ENGRZER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. 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 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 any 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 14.12 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 shall also apply to ENGINEER's Cortsultwits, Resident Project Representative and assistants. 10.1. Without imalidatmg 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 be 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 performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If 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 ContractTimes t)tat should be allowed as a result of a Work Charge Directive, a claim may be made therefor as provided in Article l l or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Rice or an extension of the Contract Tithes with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph.% 3.5 and 3.6, except in the case 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 ENGINEER (or Written Amendments) covering: 10A.1. changes in the Work which are (i) ordered by OWNER pursuartt to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Rice or Contract Times which are agreed to by the parties; and 10A.3 changes in the Contract Rice 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 carry on the Work and adhere to the progress schedule as provided in paragraph 629. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents ERDC OLNEKAL CONDMom igio-a aggo Edum) car OTY OF FORT COLLINS MODMCAMNS (REV ,tP000) (including, but not limited to. Contract Price or Contract Times) is required by the provisions of any Bond to be given to a suretyry, the givitt� of any such notice will be CONTRsp ACTOR's reonsbthty, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Wort:. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expertse without charge 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 Rice shall be based on written notice delivered by the party making the claim to the other party mid to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. 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 ENGINEER 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 evert All claims for adjustment in the Contract Rice shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree an the amount involved. No claim for an adjtshnent in the Contract Price will be valid if not submitted in accordance with this paragraph 112. 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 paragraphs 11.9,1 through 11,9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prigs 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 A). Cost of the Work 11 A. The tens Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no how 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: 1 i.4.1. Pa oll costs for employees in the direct employ of CONTRACTOR in the performance of the Work mender schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personncl 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 shall 6mclud but nor 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;-bcmmwes, stele leaye, yeemien and applicable thereto The expenses of porfom rig Wok alter 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 case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall acme 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 OWN eR. 24 EICDCOENERAI.CONDMOM1910- (1990Editiat) cot MY OF FORT COLD M MODIFICATIONS (REv 4h000) 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 Ice, the Subcontractor's Cost of the Work and fee shall be determined in the some manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 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: 11.4.4, Costs of special consultants (including but not limited to engineers, archhito s, testin laboratories, surveyors, attorneys and accountants employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11 A.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTORS employees incurred in discharge of duties connodW with the Work. 11.4.5.2. 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 Wok; and can less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with renal agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, 1oadin6 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 Wok, 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 then may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. 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 losses and damages within the deductible amounts of property insurance established by OWNER in aa-ordance with paragraph 5.91 provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts an of them may be liable. Such lasses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work far the purpose of determining CONTRACTOR's fee. 1f however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof; CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site IIA4S.11. 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 Bords and insurance required because of changes in the Work. 11.5. The tens Cost of the Work shall not include any of the following: 11.5.1. 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, expediters, timekeepers- clerics and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of jab 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 CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOWs principal and branch offices other than CONTRACTORSs office at the site. 11.5.3. Any part of CONTRACTORSs capital expernses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insum a:e whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (exec for the cast ore covered by subparagraph 11.4.5.9 above). EJCUCOENSUIL COND1T10M 1910-8 (1990 E(ktian) W/CI Y OF FORTCOLLINS MODIFICA'11ON5(REV42000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or fer whose ads any of them may be liable, including but riot limited to, the correction of ckfective Work d).spnsaI of materials or equipment wrongly supplied and making good any damage to property. 11..5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and 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 the Work: 11.6.2-1. for costs incurred under paragraphs 11.4.1 and 11.4-2, the CONTRACTOR's fee shall be fifteen percent; 11.6-22. for casts incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11-6.2-3. where one or more bets of subcontracts are on the basis of Cost of the Work awpfee and no fixed fee is agreed upon, the of paragraphs 11.4.1, I I A") 11.43 and 11,6.2 is that the Subcontractor who actually performs or furnishes the Work. at whatever ties, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee-offwe-per*W-o€-the amourit-paid to the nexF�owerhier SubcwntreaYor to be ne otiatg4 five percent of the amours paid to the tiexl lower ijgC s bcantraaor 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. change 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 11.6.2.6. 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 11.6.23, inclusive. 11.7. Whenever the cast of any Work is to be 25 determined pursuant to paragraphs 11.4 and 11.5. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 1 .S. 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 frrnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 11.8.1, the allowances include the cost to CONTRACTOR (loss any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the sire, labor, installation costs, overhead, Profit and other cxpertscs 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 fu al payment, m appropriate Clmrtgc Order will be issued as rxonnmended by ENGINEER to reflect actual amonnta due CONTRACTOR on account of Work covered by allowances, and the Contract Prim shall be correspondingly adjusted. 11.9. Unit Price Work 11.9.1. Where the Contract Documents provide that all or part of the Work, is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the stun of the established unit prices for each separately identified item of Unit Price 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 Rice. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER 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 Rice Work perforated by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement, E&W GEND.AL CONDITIONS 1910s (I"O B(litien) 26 w/t97Y OF FORT COLLINS MODIFICATIONS(REV 412000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work. and 11.9.33. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree 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 th Bid or ctct OWNERS sole discretion whhouta Contract Price of any remain» m item so long as the deletion or addition does not exceed twenty-five percent of the oiginal total Contract Price. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestorics) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGfNT,FR 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 ENUfNEER 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 adjusment claimed is the entire 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 ENGINEER in accordance with paragraph 9.11 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. 132. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in pph 121. Delays beyond the control of C RACTOR 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, fees. 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 delays within the control of CONTRACTOR. 124. 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 arty 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, Goods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defctive Work may be rejected, corrected or accepted as provide[ in this Article 13. Ace=to Work. 132 OWNER, ENGINEER, DIGINEER's Consultants, other representatives and personnel oC OWNET� independent testing labomtories and governniemil agencies with jurisdictional interests will have access to the Work at reasaable-eimes 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. Tots 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 13.4. OWNTTER 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")C GENERAL COND1110t4S 1910-8 (1990 Eeitim) wl CITY OF FORT C OLU NS MODIFICATIONS (REV 4P000) 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 far 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 ENGiNEER's acceptance of materials or equipment to be incorporated in the Work. or of materials m x 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 he inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requestod 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 same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER. be uncovered for ENGINEEKs observation and replaced at CONTRACTOR'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 ENGINIER'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 fumishing all necessary labor, material and equipment If it is farad that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering exposure, observation, inspection and testing and or 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. RI: however, suds 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, erpcsure, observation, inspection, testing., replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Articles l l and 12. OWNER 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 Wok 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 the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or anysurety or other party Correction or Remotvd of Defective Work 13-11. If required hY h"NGiNBdR CONTRACTOR stall promptly, as directed either correct all defective Work, whether or not f'ebricated. installed or omnp eted, or, if the Wort has been rejected by ENGINEIZ2, remove it horn the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resuhirg from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period• 13.12.1. If within one y two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the ternis 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 cast 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) satisfactarily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does no promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, lasses and damages caused by or resulting from such remove] 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 date if so provided in the Specifications or by Written Am endment 13.12.3. Where defective Work (arid damage to other 2$ E)CM OENFRAI. CONLHTION31910-8(1990 Editim) w/QTY OF FORT COLLINS MODIFICATIONS (REV 4f2000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of its year two year alter such correction or removal and replacement has been satisfactorily completed. Acceptance ofDefeetive Work. 13,13. If, instead of requum correction or removal and replacement of defective Work OWNER (and prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may orb 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 E2JGINEER's recommendation of final payment. a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the 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 May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR rails to perform the Work in accordance with the Contact Documents, or if CONTRACTOR fails to comply with any other provision of the Contact 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 CONTRACfOR's services related thereto. take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and vaorpnrode in the Work all materials and equipment Star eol at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNGR's representatives, agents and employees, OWNS % other contactors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rghis and remedies under this paragraph. All claims, costs, Lases 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 are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. 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 Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of L'alaer 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will he 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. Applwiion for Progress Payment• 1 2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall sutmit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accon iod 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 suitablv 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 tkrcumentation 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 OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. AW fgWs that are withheld by_the OWNER shall not be subtect to substitution by the CONTRACTOR with securities or any'__.trraq eats irnolvirtg an egcaow eu cLstotlianship. By_executir�the applicatiotr tcu�aygt�tt form the CONTRACTOR expressly waives his ripJit to the beneliis of Col xLado Revised Statutes Section 24-91-101,, et sm. CONTRACTOR's Warranty ofTit&- 143. CONTRACTOR warrants and guamnlecs that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment. 14.4. ENGINEER will, within tcn days after receipt of each Application for Payment, either indicate in writing a E,K'DCGSN DLAL COND111oN.4191oS (19" Edam) w/ QTY OF FORT COLW NS MWIFICA11ONS OLEV 4t1000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's rrasau for refusing to recommend payment In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGRIIEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) became 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 constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for payment and the am7mying data and schedules, that to the best of PNGIN R's knowledge, information and belief 14.5.1- the Work has progressed to the point indicated, 14.5.2. 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 14.53. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i)exhaustive or continuous on -site insliections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (u) that there may not be other matters or issues between the patties 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, shell not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniqum sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents, 14.7. ENGINEER may refuse to 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 tray 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 defective, 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 defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledgc 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 the full amount m Tecnmended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7b. 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 am ount rccommended. or 14.7.8. OWNER has actual knowledge of the occurrence of any of the everts enumerated in paragraphs 14.7.1 through 14.7.3 or pamgmphs 15.2.1 through 15 2.4 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 OVZ41 R 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 ENGINETI R in writing that the entire Work is substantially complete (e.+ccept 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 EICDCGETIERAL COMMONS 1910-3 099a6ditim) 30 %Y CITY OF FORT COLLINS Mt DMCAMoNs LREV 412000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a teNative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative lint 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. Ify after considerN such objections. ENGINEER ooncludes 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. X after consideration of OWNE,R's objections, ENGINEER 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 ter"ttve 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 feral payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, beat, utilities, insurance and warranties and guarantees. Utilrssss OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEEWs aforesaid recommendation will be binding on OWNER and CONTRACTOR wail final payment 149. 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 of the tentative list Partial Utilization: 14.10. 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 (it) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWArER for its intended putppoose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Wtxl subject to the following 14.10.1.0W1,1ER 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 com late. If CONTRACTOR agrees that such part of the Wok is substantially complete, CONTRACTOR will certify to OWNER aril 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 ENGRIEER 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 riot 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 14.5 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. 14.102 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of pamgraph 5.15 in respect of Property insurance. FinallnapoeHon: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final ' ion with OWNER and CONTRACTOR and will noCONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment• 14.12. After CONTRACTOR has completed all such correction 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 paragraph5A, certificates of inspection, marked -up record documents (as provided in paragraph6.19) and other documents. CONTRACTOR may make application for final payment following the procedure for progress payments. The fatal Application for Pa ent 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, (it) consent of the surety, if any, to final payment, and (iii) 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 or 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 EMC GENERAL coNDITIom 191" t1990 Ettitim) w/ aTr OF FORT COLUNS MODIFICATIONS (REV 412000) to furnish such a release or receipt in full, CONTRACTOR may furnish 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 forms conformity¢ to the format of the OWNER'S standard forms bound in -a ,_. ad manual, Final Pa_lwient andAcceptance. 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for 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 rcccipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of paymem 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. ENGINEER 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 documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subiect to paraaraoh 17.6.2 of these StSIi ��L411U4Ikf 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 Bouts 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 hilly 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. Whiter of Claims: 14.15. The making aril acceptance of final payment will constitute: 14.15.1,a waiver of all claims by OWNER against CONTRACTOR, except claims arisirig firm unsettled Liens, from defective Work appearing after 31 SECTION 00510 NOTICE OF AWARD Date: April 2, 2015 TO: Martin Marietta Materials Inc. PROJECT: 7222 Asphalt Overlay — 2015 Renewal OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid for the above project has been considered and will be renewed. You are the apparent successful Bidder and have been awarded an Agreement for 7222 Asphalt Overlay — 2015 Renewal. The Price of your Agreement is Six Million Two Hundred Forty Thousand Two Hundred Thirty - Eight Dollars and Eighty -Nine Cents ($6,240,238.89). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award that is by April 17, 2015. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. Director of Purchasing & Risk Management Section 00510 Page 1 firm inspection pursuant to paragraph 14.1 I, from failure to comply with the Contract Documents or the tetras of arartyry special guerazaeo specified therein or flan 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 N'VORK AND TFRMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may, suspend the Work or an portion thereof for a period of not more taint ninety days by notice in writing to CONTRACTOR and ENGiNEER which will fat the Clete on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such sisprnsion if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May TerndnWe: 15.2. Upon the occurrence of any one or more of the following everts: 15.2.1. 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 fitifure to adhere to the progress schedule established under paragmph2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body havingjurisdictiom 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (aril the surety, if any) seven dayse 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 tres)tacs or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid E)CDC GENELA6L CONDITIOM 19108 (1990 E&OW) 32 w/ CITY OFFORT COLIJ NS MODIFICATIONS MD--42000) 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, costs, 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 CONI'RACTOR's services have been so laminate! by OWNER the termination will not affect any rights or remedies of OWNER agairvst CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and 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; 15.4.2. for expenses sustaired prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses, 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May &op Work or Terminate: 15.5. 1f� through no actor fault of CONTRACTOR the Walt is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER 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 days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 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 ENGINEER 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 11 and 12 for an increase in Contract price or Contract Times or otherwise for c�gxnses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DIS'PUTE RESOLUTION 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 ExhibitGC-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 paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such Tights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 MiSCELLAMMUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for wham it is intended, or if delivered at or sent by registered or certified mail, postage prepaid to the I" business address known to the giver of the notice. 17.2. ConrputationofTime. 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such, period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction such day will be omitted from the computation EXW OBVEKAL COND)TIOM 1910 8 (1990 Edtim) w! CITY OF FORT COW NS MWIFICATIONS (REV 4ROOo) 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, clam 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 be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumuladve 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 pamgraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13,1.13.12,13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in arty way as a limitation of, any rights and remedies available to any or all of them 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, right and remedy to which they apply. Professional Fees and Court Cosa• Included- 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 cart or arbitration or other dispute resolution costs. 176��181Yuf_the_1�4! �41�d9__gl>Riv�llt Age Cant. Reference to two yertTent Colorado statutes are as follows: 17 6 2 If a claim is filed OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to inane the pasmtont of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 3a exDco��. ncormmorsisioss oWtko) wI QTYOFFORT COLUM MOD)FICATIOM4 (Ahy412000) (This page left blank intentionally.) EXW GhWhK L CONnTiOM Isms (19" Ebtim) 35 w/ CITY OF FORT COLUNS MOLOICATION5 (REV 42000) EJCDCOENERAL CONDITIONS 19105 (1990E46on) 36 WCITY O1; FORT OOLLINSMODIFICATIONS(REV 4/2000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONfRACPOR 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 Constriction 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 tinder the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINHER 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 ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; arrd the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER 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 ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day 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 question 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 he barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 191(" (1990 Edtion) w/ CITY OF FORT COLUM MODIFICATIONS (RF.V 9199) 16.4. a=Vt 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 env other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.42. 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 16.43. 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 matte in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CON] RACTOR 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 raw 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 will be final, judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall fast 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"I 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 shell be susperaled 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 tinder this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. OC-A I EJCDC GENERAL CONDITIONS I910-9 0990 E(fition) C;--A1 w! CITY OF FORT COLLINS MODIFICATIONS (RFV 9.54) SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment Rev 10/20/07 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 2nd day of April 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 Martin Marietta Materials Inc (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. AGREEMENT RENEWAL & WORK Renewal. This Agreement is a renewal of the Agreement entered into between the parties on the 14th day of April 2011, entitled Asphalt Overlay, Bid No. 7222, City of Fort Collins (hereinafter called The 2011 CONTRACT)and all portions interpreted as if the same were attached hereto. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7222 Asphalt Overlay and is generally described in Section 01010. This renewal is authorized pursuant to Article 3.1.1 Contract Period, of the 2011 CONTRACT. This Agreement shall be effective on the date this Agreement is signed by the City, and shall continue in full force and effect until April 17, 2015. 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 The Work shall be Substantially Complete within one hundred fifty (150) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within five (5) calendar days after the date when the Contract Times commence to run. 3.2. 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 proceeding 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. SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Asphalt Overlay — 2015 Renewal CONTRACTOR: Martin Marietta Materials Inc PROJECT NUMBER:7222 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 (Assumina all chanae orders aonroved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing Rev10/20107 Section 00950 Page 1 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: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 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. Rev10120/07 Section 00960 Page 1 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 $D.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $O.OD $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $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 MOO Section 00960 Page 2 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 Section 00960 Page 3 STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 4 OF 4 On Hand This 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 Section 00960 Page 4 {NN T a w 0 0.1 a 0 3 ou oya�od w c C U o o .o 0 o C: a G UU n00FFFU� o o o_ O_ o o 0 w O M m tin h 00 V] 0000000000 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of asphalt patching, asphalt overlays, base work, variations of paving fabric, and manhole and valve box adjustments on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Map. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Project Manager, 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. Tom Knostman/Bennett Ashbaugh will be the Program Manager/Project Manager). Tom Knostman 970-221-6576 Office 970-679-7947 Cell Bennett Ashbaugh 970-221-6615 Office 425-241-3697 Cell F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page I of 17 SECTION 01010 SUMMARY OF WORK UTILITIES Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Xcel Energy Emergency 1-800-895-2999 Local Contact: Pat Kreager 970.566.4416 Telephone: UNCC / 1-800-922-1987 Local Contact: Debbie Kautz 970.689.0635 Traffic Operations: City of Ft. Collins, Colorado 221-6630 Cable Television: Comcast 493-7400 Utility Notification Center of Colorado (UNCC) - 811 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-6581 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6540 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6630 END OF SECTION Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 General Acquirements - Page 2 of 17 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The Contractor shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractors contract. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. The Project Manager 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 Manager shall introduce the project Representatives. B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. Project Manager 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 Manager. 1.3 PROGRESS MEETINGS A. Contractor and Project Manager shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Project Manager or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Program Manager/Project Manager, and Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Project Manager or Owner. General Requirements - Page 3 of 17 SECTION 01040 COORDINATION C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Project Representative and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall befinal and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 4 of 17