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389648 A-1 CHIPSEAL CO - CONTRACT - BID - 7417 ASPHALT SURFACE TREATMENT PROJECT (5)
City of Fort Cottins Purchasing SPECIFICATIONS AND Financial Services Purchasing Division 215 N. Mason St. 2°" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 jcgov.com/parchasmg CONTRACT DOCUMENTS FOR ASPHALT SURFACE TREATMENT PROJECT - 2015 Renewal BID NO. 7417 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 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. SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements — Page 5 of 14 SECTION 01310 CONSTRUCTION SCHEDULES 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. 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 14 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for street improvements as needed. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing surveving. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re - staking construction stakes and for the cost of re-establishing a destroyed monument. F. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General Requirements — Page 7 of 14 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Fumish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections ofthe 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 ofthis project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or Engineers employed by the Owner. The Contractors control system shall specifically include all testing required by the various sections of these Specifications. General Requirements — Page 8 of 14 SECTION 01410 TESTING B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly. END OF SECTION General Requirements — Page 9 of 14 SECTION 01510 TEMPORARY UTILITIES 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 10 of 14 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the latest revisions of the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govem. General Requirements — Page I I of 14 SECTION 01560 TEMPORARY CONTROLS 1.6 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION General Requirements — Page 12 of 14 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request, one current marked -up set ofthe drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the Engineer shall be submitted prior to project acceptance. END OF SECTION General Requirements — Page 13 of 14 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTION General Requirements — Page 14 of 14 ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. SECTION 02000 PROJECT SPECIFICATIONS The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", 2011, and the Larimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications"), latest revisions, are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Control of Work 108 Prosecution and Progress 208 Storm Water and Inlet Protection 409 Asphalt Chip Seal 409 Asphalt Slurry Seal 409 Asphalt Cape Seal 630 Construction Zone Traffic Control SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows: MAINTAINING TRAFFIC Subsection 104.04 shall include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to commencement of work and shall clearly show the type of work, and the day, date, and times that the message on the sign is in effect. (For example, if a street is to be sealed on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., SLURRY SEAL) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. No Parking signs may be placed, maintained, and removed by a representative of the Contractor, the Traffic Control Supervisor, or Flagger. No parks are to be spaced at 100' apart. All information on the "NO PARKING" signs, with the exception of the type of work, date, and times shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in 3 inch high, block style letters with erasable, changeable, black grease pencil of a minimum % inch width on 1'xl.5' rectangular signs with red permanent letter as shown on the example below. These signs shall be mounted on 3-foot high, traffic control candles with black rubber bases weighing a minimum of ten pounds. The "NO PARKING" signs shall be in effect for one or two days only. In the event the Contractor deems it necessary to remove a vehicle that has not adhered to the "No Parking" notification, the Contractor shall first make every reasonable effort to locate and contact the owner of the vehicle. Should the Contractor be unable to locate the owner of the vehicle, the Contractor shall notify the Engineer to arrange for any required towing. If the No Parking sign has been in place for a minimum of 24 hours, then the City shall make every reasonable effort to remove the offending vehicle within four (4) hours of notification by the Contractor. The Contractor shall not be entitled to additional compensation for delays associated with the towing of illegally parked vehicles. Work performed by the Contractor without traffic control or placement of "No Parking' signs will not be paid for under the terms of this Contract. The Owner may deduct $1,000.00 per day for each day traffic control devices are not in compliance with these specifications. The Contractor shall not be paid for delays resulting from traffic control issues. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the Engineer will meet to discuss the progress of the work and the placement of traffic control devices including "No Parking" signs and required adjustments. The Contractor and Engineer shall also review and determine the proposed means of handling parking and traffic control for the upcoming work. Requested changes to the traffic control, including additional signs, barricades, and/or flaggers shall be implemented immediately. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of their work. The Contractor shall maintain access at all times to businesses, schools, and residents impacted by the work and shall communicate their schedule 48 hours prior to commencing work. Traffic Control costs including but not limited to furnishing equipment, equipment set up/removaUmodification, TCS and Flagging personnel hours, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidental items required for traffic control under this contract shall be included in the contract unit prices for the work, complete -in -place and as specified under Revision of Section 630, "Construction Zone Traffic Control". "Variable Message Boards "and "Additional Flagging Personnel" shall bepaidforunder Project Specifications - Page 2 of 35 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 630, "Construction Zone Traffic Control''. NO PARKING Wed July 7 7:00 AM - 6:00 PM CAPE SEAL Project Specifications - Page 2 of 35 END OF SECTION Section 105 of the Standard Specifications is hereby revised as follows: AUTHORITY OF THE ENGINEER Subsection 105.01 is hereby amended to include the following: No phase of construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the Owner to stop work. During periods of Traffic Control non- compliance, the Contractor 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. Subsection 105.02 shall be amended to include the following: The Contractor shall furnish the required submittals in TABLE 105-1 before the commencement of work. Three (3) copies shall be furnished to the Engineer, two (2) copies will be returned to the Contractor upon approval. Submittals shall not be measured and paid for separately but shall be included in the work. TABLE 105-1 SUMMARY OF CONTRACTOR SUBMITTALS Section No. Description Approval Needed Reoccurring 108.03 Schedule of Work Yes Yes 208.02 Erosion Control Devices Yes No 208.06 Spill Kit: List of items included Yes No 409.00 Asphalt Mix Design Yes No 630.10 Traffic Control Plans Yes Yes 630.11 TCS Qualifications reoccurs when TCS and flaggers change) Yes No 630.11 Resident Notification Letter Yes Yes COOPERATION BY CONTRACTOR Subsection 105.10 shall include the following: The City's commitment to our Environmental Management System (EMS) requires that vehicles on City projects shall comply with the adoption of a "Limitation on Engine Idling" to reduce environmental impacts related to construction. Please comply by turning off vehicles that are not in use instead of idling for long periods (more than three minutes, as a general rule). The Contractor shall review, fill out and sign a Contractor Management Environmental Checklist new for 2015. COOPERATION WITH UTILITIES Subsection 105.11 shall include the following: City Utilities, Parks, Traffic, Streets, concrete, and utility contractors may perform work related to the project within or near the limits of this project. The Contractor shall conduct the Work without interfering or hindering the progress or completion of the work being performed by other contractors. The Contractor shall coordinate extensively with these entities to minimize traffic control and scheduling conflicts, and ensure timely completion of all the work. Project Specifications - Page 3 of 35 REVISION OF SECTION 105 CONTROL OF WORK INSPECTION AND TESTING OF WORK Subsection 105.16 shall include the following: The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the Owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. MAINTENANCE DURING CONSTRUCTION Subsection 105.19 shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shallthe area not be cleaned after the completion of the day's work It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above. If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project, as accepted, will not be measured and paid for separately, but shall be included in the work. All applied slurry, chip, and cape seal surfaces shall be swept by an approved vacuum style sweeper to remove any excess raveled material which becomes dislodged from the street surface after seven (7) calendar days, or as directed by the Engineer, and again after 30 calendar days, or as directed by the Engineer. Any dislodged material which has migrated to gutters, sidewalks, and driveways shall be removed at this time. Dislodged material shall be disposed of to a site approved by the Engineer. Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner. Sweeping shall be paid for per each complete sweeping of all surfaces, and shall include "No Parking" signs, blowing or sweeping of gutters, sidewalks, and driveways as necessary prior to sweeping treated surfaces. Payment shall include all equipment, labor, materials, overhead, incidentals and mobilization required to complete the work as described in the specifications. Project Specifications - Page 4 of 35 REVISION OF SECTION 105 CONTROL OF WORK BASIS OF PAYMENT Payment will be made under: Pay Item Unit 105.01 Sweeping - All street and parking lot surfaces Each 105.02 Sweeping — All parking lot surfaces Each The above prices and payments shall include full compensation for furnishing all equipment, labor, materials, tools, mobilization, traffic control devices, TCS and flagging personnel, traffic control signage (`No Parking' signs), incidentals and for sweeping treated surfaces, including blowing or hand sweeping of gutters, sidewalks, and driveways prior to sweeping treated surfaces. END OF SECTION Project Specifications - Page 5 of 35 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: SCHEDULE Subsection 108.03 shall include the following: A schedule of work must accompany any bid, and shall include number of working days per area to complete all unit work items covered by the contract. Vicinity maps of each area are included in Section 03500, Project Maps. The schedule should take any priorities into consideration. The schedule should also include projected start and end dates. Individual street quantities are described in Section 02500, Quantity Estimates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. LIMITATION OF OPERATIONS Subsection 108.05 shall include the following: The work shall be completed within the following calendar months: 1JAN FEB MAR APR MAY DUNE NLY AUG SEP OCT OV DEC DETERMINATION AND EXTENSION OF CONTRACT TIME Subsection 108.08 shall include the following: Work hours shall be 7:00 a.m. to 5:00 p.m., Monday through Friday, or as approved by the Engineer. All Work is to be complete for a single project phase within thirty (30) consecutive working days during the months of May through August. It is the intent of this project to be completed in two- thirty (30) consecutive working days per phase after work commences for the City of Fort Collins as described below: • Sixty (60) working days will be allotted for construction in two (2) thirty (30) day phases. • Three (3) consecutive working days will be allotted for each of the two sweeping operations. See Revision of Section 105, Maintenance During Construction • to commence sweeping at the described intervals shall result in damages assessed against the Contractor as described in Article 3 of the Agreement, Contract Times. • Delays and extensions of time are described in the General Conditions. FAILURE TO COMPLETE WORK ON TIME Subsection 108.09 shall include the following: Failure to meet the agreed upon milestones, mobilize to an area within days specified, or fully complete the project in thirty five (35) consecutive working days, shall result in liquidated damages assessed against the Contractor. At the City's option, liquidated damages in the amount of $1,000.00 per day may be retained from any monies due Project Specifications - Page 6 of 35 REVISION OF SECTION 108 PROSECUTION AND PROGRESS the Contractor, or the City may retain an additional contractor(s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages. END OF SECTION Project Specifications - Page 7 of 35 REVISION OF SECTION 208 STORM WATER AND INLET PROTECTION Section 208 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 208.01 shall be revised as follows: This work shall consist of constructing, installing, maintaining, and removing when required, erosion control measures during the installation and at a minimum at all inlets to prevent or minimize erosion, sedimentation, and pollution of any state waters. Work shall be in accordance with the latest revisions of 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, and the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. Any loss of time or materials related to erosion shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities (either on site or offsite) related to erosion caused by construction ofthis project, shall be the sole responsibility of the Contractor. MATERIALS Subsection 208.02 shall be revised as follows: Contractor will submit the type of material to be used for erosion control measures prior to beginning the work. See section 03000. Straw wattles shall not be allowed. 1. Inlet protection shall include sufficient length to protect around the perimeter of the inlet opening. 2. Erosion control devices around inlets near the load site shall be required. 3. Erosion control devices on the downhill side of an aggregate stockpile shall be required. Recycled Rubberized Wattle Inlet Protection shall meet the following requirements: 1. Infill material: Shredded recycled rubber 2. Weight: approximately 10 Ibs per linear foot 3. Diameter: Approximately 9 inches 4. Geotextile fabric: Made of a durable fabric with atypical weight of 6-10 ozlyd. CDOT Gravel Bag Inlet Protection shall meet the following requirements: 1. Infill material: CDOT #67 washed rock or approve equal 2. Weight: approximately 20 Ibs per linear foot 3. Diameter: Approximately 5 inches 4. Geotextile fabric: Made of a durable fabric with atypical weight of 6-10 oz/yd. CONSTRUCTION REQUIREMENTS Subsection 208.03 shall be revised as follows: All erosion control measures must be installed prior to starting work. It shall be the responsibility of the contractor to ensure that all roadways near the project are kept clean of construction debris. Project Specifications - Page 8 of 35 REVISION OF SECTION 208 STORM WATER AND INLET PROTECTION Inlet filters Designated storm drainage system inlets shall be filtered as directed by the Engineer. Alternative treatments (such as native grass filtering) may be used as an alternative to wattle or other protection before water is discharged into streams or onto adjacent properties. Drop Inlets Drop inlets in unpaved areas shall be filtered with a piece of non -woven, needle punched, polypropylene landscaping fabric with a weight of 4 ounces / SY anchored by recycled rubber or rock sock wattles traversing the entire perimeter. Materials other than fabric and wattle inlet protection must be demonstrated to provide the same level of treatment before acceptance by the Engineer. Maintenance The contractor shall continuously maintain all erosion and sediment control features so that they function properly during site construction. All inlet filters shall be inspected and repairs made after each runoff event. Sediments shall be removed when one half of the design depth has been filled. Removed sediments shall be removed immediately from the traveled way of roads and streets and disposed of properly. METHOD OF MEASUREMENT Subsection 208.11 shall include the following: Payment shall be made by the lineal foot for gravel or recycled rubber wattle inlet protection devices installed and accepted at each location within the work area or as required by the Engineer. Length will be measured from start to end of installation not accounting for overlap. Contractor shall use all competent/sound wattles from the City of Fort Collins stores (Item 208.03 and 208.04) before purchasing /supplying new wattles (208.01 and 208.02). Staging, placement, maintenance, replacement and clean-up of damaged units, and post use collection/restocking to the Hoffman Mill facility of sound wattle devices shall be incidental to the unit length bid item. The length shall be sufficient to protect the inlet opening and sides of the inlet grate. Excessive lengths shall not be paid. When a protection device is installed at a new location, whether the protection device is new or has been relocated, an additional payment shall be made by the lineal foot for the protection of the location. Payment for fabric and wattle inlet protection shall be made by each protection device per location installed and accepted or as required by the Engineer. Excavation required for removal of accumulated sediment from traps, basins, and other clean out excavation of accumulated sediment, and the disposal of such sediment, shall be considered incidental to the work and not be paid separately. Street sweeping for sediment from inlet protection will not be measured or paid for separately but shall be incidental to the work. A protection device shall be installed at load sites and on the downstream side of stock piles or as directed by the Engineer and shall be considered incidental to the work and shall not be paid for separately. All construction material that enters an inlet due to work under this contract shall be removed from the inlet interior and removed from the site to an approved disposal location. This work shall not be paid for separately. Project Specifications - Page 9 of 35 OWNER: CITY OF FORT LLI -,�� r By: DARIN ATTEBERRY, bTY A GER By: ' GERO PAUL DIRECTOR OF PURCHASING Date: G 2 10 Attest: Z� a4� Daniel �,T 6ruzwyU�j PRINTED Title:�rP� 1 , Date: (CORPORATE SEAL) City Clerk ck--"i� Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Attest: Approved at to -Form Address for giving notices: A-1 Chipseal Compary � //Li Rocky Mountain Pavement 9981 Assistant Cityne e A Y Denver, CO 90221 License No.: REVISION OF SECTION 208 STORM WATER AND INLET PROTECTION BASIS OF PAYMENT Subsection 208.12 shall include the following: Payment will be made under: Pay Item Unit 208.01 Stormwater Protection — Wattle (Supplied by Contractor) Lineal Foot 208.02 Stormwater Protection — Fabric and Wattle(Supplied by Contractor) Inlet Each 208.03 Stormwater Protection — Wattle (Supplied by COFC) Lineal Foot 208.04 Stormwater Protection — Fabric and Wattle(Supplied by COFC) Inlet Protection Each The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, traffic control devices, TCS and flagging personnel, and related traffic control incidentals, and for doing all work involved in installing, maintaining, and removing when required, erosion control measures, as specified in these specifications, as shown on the plans, and as directed by the Engineer. END OF SECTION Project Specifications - Page 10 of 35 REVISION OF SECTION 409 SEAL COAT DESCRIPTION Subsection 409.01 shall include the following: This work shall consist of furnishing and installing polymerized emulsified asphalt integrated with surface treatments including chip seal, double chip seal, slurry seal, cape seal, and a fog seal, when required, on properly prepared roadway surfaces as specified herein and as directed by the Engineer. MATERIAL Subsection 409.02 shall be deleted and replaced with the following requirements for the applicable treatment: ASPHALT EMULSION — GENERAL Asphalt material shall be accepted at the distributor. Each load of emulsified asphalt shall be accompanied with a certificate of analysis/compliance and submitted to the Engineer to assure that it is the same as that used in the mix design. The Contractor shall supply samples for each requested material for testing upon request of the City. A one -quart sample of the emulsion shall be submitted from the first delivery. The source of the base asphalt, polymer, additives, and supplier shall be stated on the sample and shall not change during the course of construction. Suitable storage facilities and containers for the asphalt emulsion shall be provided and shall be equipped to prevent water from entering the emulsion. If necessary, suitable heat shall be provided to prevent freezing; however the heat shall not reach the temperature required for the chemical process to respond as if the emulsion had been applied to the road. I:[.y7:�\�Yll�lililr[.9(�l►l��] 011 Z.9 s1\ Polymerized cationic rapid set emulsified asphalt (CRS-2P), or equivalent, shall be an emulsified blend of polymerized asphalt, water, emulsifiers, and polymer. The asphalt cement shall be polymer modified prior to emulsification and shall contain a minimum of three percent (3.0%) styrene-butadiene-styrene (SBS) block copolymer by weight of asphalt cement. The emulsion, standing undisturbed for a minimum of 24 hours, shall show no milky white separation, but shall be smooth and homogeneous throughout. The polymer shall be incorporated by co -milling into the emulsion and shall be capable of being pumped and be suitable for application through a distributor truck. Project Specifications - Page I I of 35 REVISION OF SECTION 409 SEAL COAT Table 702-2 shall be deleted and replaced with the following: Tests on Emulsion (CRS-2P) Minimum Maximum Test Method Viscosity, at 50°C, Saybolt Furol, sec (a) 80 450 AASHTO T59 Storage Stability, 24-hr, % Max (a) 1.0 AASHTO T59 Particle Charge Test Positive AASHTO T59 Sieve test, % Max (a) 0.10 AASHTO T59 Demulsibility, % Min (c) 40 AASHTO T59 Oil Distillate by Volume, % Max or Range 3.0 AASHTO T59 Residue by distillation/evaporation, % min (b) 70 T59 Tests on Residue Minimum Maximum Test Method Penetration, 25°C, 100g, 5s, min, dmm 60 110 AASHTO T49 Ductility, 25°C, 5 cm/min, cm 100 AASHTO T51 Ductility, 4°C, 5 cm/min, cm, min 45 AASHTO T51 Toughness, in-Ibs, min 110 CP-L 2210 Tenacity, in Ibs, min 75 CP-L 2210 Elastic Recovery, 25°C 75 AASHTO T301 Softening Point, Ring & Ball, °C 57 AASHTO T 53 Solubility in Trichloroethylene, % min 97.5 AASHTO T44 a) The Contractor shall submit a Certificate of Compliance from the supplier for the above testing. This certificate shall verify that the material conforms to the applicable Project Specifications and Revisions within the construction year. b) For polymerized emulsions the distillation and evaporation tests will in be conformance with AASHTO T- 59 or CP-L 2212 respectively with modifications to include 205 +/- 5° C maximum temperatures to be held for 15 minutes. c) The Demulsibility test shall be made within 30 days from the date of shipment. ASPHALT EMULSION - SLURRY SEAL The emulsified asphalt shall conform to Grade CQS-IHL (Cationic Quick Setting Emulsified Asphalt with Latex Polymer) as specified in ASTM D977 and D2397 (Specification for Emulsified Asphalt and Cationic Emulsified Asphalt), except that the residual asphalt having a penetration of40 — 90, shall constitute at least 60 percent of the emulsion by weight, and that the Saybolt Furol Viscosity of the emulsion at 77° F (25° C) shall not exceed 50 seconds. Slow setting emulsions may not be used. CQS-1HL shall be an emulsified blend of asphalt, water, and styrene-butadiene rubber (SBR) latex and emulsifiers. The emulsion shall be pumpable and suitable for use in slurry seal mixing and spreading equipment, and suitable for application through a distributor truck. The emulsion shall contain a minimum of three percent (3.0%) by weight of SBR polymer solids based on weight of residual asphalt. The slurry seal mixture shall contain an emulsion content of 10 —20% by weight of dry aggregate which shall be determined in the laboratory by an approved mix design process. The residual asphalt content shall be 10 — 20% based on weight of dry aggregate. Each load of emulsified asphalt shall be accompanied with a certificate of analysis/compliance and submitted to the Engineer to assure that it is the same as that used in the mix design. Project Specifications - Page 12 of 35 REVISION OF SECTION 409 SEAL COAT Tests on CQS-1hL Emulsion Minimum Maximum Test Method Viscosity, at 50°C, Saybolt Furol, sec (a) 20 100 AASHTO T59 Storage Stability, 24-hr, % Max (a) 1.0 AASHTO T59 Particle Charge Test Positive AASHTO T59 Sieve test, % Max (a) 0.10 AASHTO T59 Distillation: (b) AASHTO T59 Residue, % 60 AASHTO T59 Polymer: Polymer Solids Based on Weight of Asphalt % 3.0 AASHTO T59 Residue by distillation/evaporation, % min (b) 65 AASHTO T59 Tests on Residue Minimum Maximum Test Method Penetration, 25°C, 100g, 5s, min, dmm 40 90 T49 Ductility, 4°C, 5 cm/min, cm, min 40 T51 Solubility in Trichloroethylene, % min (c) 97.5 T44 Elastic Recovery, 25' C 60 T301 Softening Point, Ring & Ball, °C 57 T 53 a) The Contractor shall submit a Certificate of Compliance from the supplier for the above testing. This certificate shall verify that the material conforms to the applicable Project Specifications and Revisions within the installation year. b) For polymerized emulsions the distillation and evaporation tests will in be conformance with AASHTO T- 59 or CP-L 2212 with modifications to include 205 +/- 5° C maximum temperatures to be held for 15 minutes. c) The Demulsibility test shall be made within 30 days from the date of shipment. ASPHALT EMULSION — CAPE SEAL Cape Seal emulsified asphalt shall conform to the requirements for Chip Seal and Slurry Seal emulsion for each layer of treatment emulsion respectively. AGGREGATE MATERIAL Subsection 409.03 shall include the following: AGGREGATE — GENERAL All materials shall be pre -tested by the Contractor, at no cost to Owner, in a qualified laboratory as to their suitability for use in the installation and conformance with project specifications. The laboratory shall issue a current report (within 6 months of installation) showing the results of tests performed on the individual materials, comparing their values to those required by this specification. The aggregate shall be washed, hard, durable, and clean rock free from dirt, organic matter, clay balls, adherent films of clay, or other objectionable material. The presence of oversized material and/or clay balls shall be grounds for rejection. Project Specifications - Page 13 of 35 REVISION OF SECTION 409 SEAL COAT Samples of materials and of the finished surface shall be furnished by the Contractor as directed by the Engineer during progress of the work at no expense to the Owner. Test reports shall be required from the Contractor as additional materials arrive. Testing costs will be computed in accordance with section 1410 "Testing". Stockpiling of Aggregate: Precautions shall be taken to insure that stockpiles are carefully mixed immediately prior to use to insure uniform distribution of the moisture, and that they do not become contaminated with over- sized rock, clay, silt, or excessive amounts of moisture. The stockpile shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted. Also see Section 208, Erosion Control and Inlet Protection. Segregation of the aggregate will not be permitted. The Contractor is solely responsible for finding and securing a suitable staging area. The location of the staging must be submitted and approved by the Project Manager prior to use. No portion of the right of way may be used for storage of any materials or equipment. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted to the Owner prior to mobilization and use. The Owner shall be allowed access to the load site at all times. The Contractor shall also submit a letter of indemnification to the Owner and the property owner. Aggregate shall be manufactured crushed fine grained, igneous rock (grain size less than 0.5 mm) having a positive attraction to the binder(s), shall be of the same material source, and must comply with the following: Test on Aggregate Maximum Test LA Abrasion, % loss 20 AASHTO T 96 Flat & Elongated (3 to 1), % 5 ASTM D4791 Absorption, % 2 AASHTO T 85 Sodium Sulfate 15 AASHTO T 104 Magnesium Sulfate 20 AASHTO T 104 Faces Fractured, % 100 Minimum ASTM D5821 Plastic Index Fines Non -Plastic AGGREGATE — CHIP SEAL Table 703-6 shall be deleted and replaced with the following table: Gradation Sieve Size 3/8" Chip Seal 1/4" Chip Seal 1/2" 100 100 3/8" 100 100 1/4" 0-35 100 No. 8 0-3 0-3 No. 200 0-1.5 0-1.5 AGGREGATE — SLURRY SEAL The mineral aggregate shall consist of natural or manufactured sand, slag, crusher fines, and others, or a combination thereof and be gray in color. The aggregate shall be 100% crushed. Smooth -textured sand of less than 1.25% water absorption shall not exceed 50% of the total combined aggregate. Project Specifications - Page 14 of 35 REVISION OF SECTION 409 SEAL COAT The aggregate shall be clean and free from organic matter and other deleterious substances. When tested in accordance with AASHTO T176 or ASTM A2419 (Sand Equivalent Value of Soils and Fine Aggregates), the aggregate shall have a sand equivalent of not less than 65. When tested in accordance with AASHTO T104, or ASTM C88 (Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulphate), the aggregate shall show a loss of not more than 15% using NA2SO4, or 25% using MgSO4 When tested in Accordance with ASTM D 1664, the aggregate shall have a retained bituminous film above 95%. Aggregates that do not meet this requirement may be used for surface treatments and seal coats provided a satisfactory chemical additive or wetting agent is used to provide a water-resistant film. Use of chemical additives or wetting agents is subject to prior approval or may be waived by the Engineer. Mineral fillers such as Portland cement, limestone dust, lime, fly ash, and other approved fillers shall be considered as part of the blended aggregate, used in the minimum amount required, and manufactured in the project year. Cost of mineral fillers, if used, is to be included in the unit price of the slurry seal and shall not be paid for separately. They shall meet the gradation requirements of AASHTO MI or ASTM D242 (Mineral Filler for Bituminous Paving Mixtures). Mineral fillers shall be used for one or more of the following reasons only: 1. To improve the gradation of the aggregate. 2. To control the time of break of the emulsion. 3. To provide improved stability and workability of the slum. 4. To increase the durability of the cured slurry. Screening of aggregate shall be required at the quarry prior to delivery to the job site. Oversized material and/or clay balls in the slurry seal shall because for rejection. The total aggregate, including mineral filler, shall conform to the following gradation when tested by AASHTO T27, or ASTM C 136 (Sieve Analysis of Aggregates): SIEVE SIZE PERCENT PASSING TYPE 11 3/8" ( 9.5 mm ) 100 No. 4 ( 4.75 mm) 90 - 100 No. 8 ( 2.36 mm) 65 - 90 No. 16 (1.18 mm) 45 - 70 No. 30 ( 600 um) 30 - 50 No. 50 ( 330 um) 18 - 30 No. 100 ( 150 um) 10 - 20 No. 200 ( 75 um) 5 - 15 The Contractor shall submit a Certificate of Compliance from the intended aggregate producer. This certificate shall verify that the material conforms to the applicable Project Specifications and Revision of Section 409, Asphalt Slurry Seal. This certificate shall be supplemented by laboratory test data performed by an independent testing laboratory at no expense to the Owner. Project Specifications - Page 15 of 35 REVISION OF SECTION 409 SEAL COAT MIX DESIGN At least two weeks prior to commencement ofwork, the Contractor shall submit a signed mix design covering the specific materials to be used on the project. This design shall be performed by a laboratory qualified to perform International Slurry Seal Association (ISSA) tests. Once the materials are approved, no substitution will be permitted, unless first tested by the laboratory preparing the mix design and approved by the Engineer. 1. Mix Design The qualified laboratory shall develop the job mix design and present certified test results for the Engineers approval. Compatibility of the aggregate and emulsion shall be verified by the mix design. All component materials used in the mix design shall be representative of the material proposed by the Contractor for use on the project. 2. Specifications The Engineer shall approve the design mix and all materials and methods prior to use. The component materials shall be within the following limits: Residual Asphalt Type II: 5.0% to 15.0% by dry weight of aggregate Mineral Filler 0.5% to 2% by dry weight of aggregate Additive As required to provide the specified properties Water As required to produce proper mix consistency WATER All water used in making the slurry shall be potable and free of dissolved ingredients that may prove harmful. Water shall be of such quality that the asphalt will not separate from the emulsion before the slurry seal is in place. The effect of moisture content on the specific weight of the aggregate, and the moisture content of the aggregate being used, shall be taken into account in calibrating the machine to deliver mix in the correct proportion. LABORATORY TESTING All materials shall be pre -tested by the Contractor, at his expense, in a qualified laboratory as to their suitability for use in slurry and conformance with project specifications. The laboratory shall issue a current report which shows the results of tests performed on the individual materials, comparing their values to those required by this specification. The report will provide the following information on the slurry seal mixture: TEST PURPOSE NIETHOD SPECIFICATION Slurry Seal Consistency ISSA T 106 2 - 3 cm Excess Asphalt ISSA 1 109 50 g/ft' max Wet Stripping Test ISSA 1 1 14 Pass (90%min) Compatibility ISSA "1 1 1 5 Pass* Quick Set Emulsion ISSA T 102 Pass** Project Specifications - Page 16 of 35 REVISION OF SECTION 409 SEAL COAT TEST PURPOSE METHOD SPECIFICATION Wet Track Abrasion ASTM D3910 1 Hour Soak Loss 50 g/ft2 max (538 g/m2 max) 6 Day Soak Loss 75 g/ft max (807 g/m2 max) * Mixing tests must pass at the maximum expected air temperature. ** Using specific job aggregate and emulsion content. The laboratory shall further report the quantitative effects of moisture content on the unit weight of the aggregate (Bulking effect). The laboratory report must clearly show the proportions of aggregate, mineral filler (minimum and maximum), water (minimum and maximum), additive(s) (usage), and asphalt based on the dry aggregate weight. A current and complete laboratory analysis and test report, accompanied by abraded and unabraded slurry test samples, shall be submitted by the Contractor at least two weeks prior to commencement of any work. If the Contractor performs this testing, the Engineer or his representative shall be allowed to observe all testing. AGGREGATE — CAPE SEAL Cape Seal aggregate shall conform to the requirements for Chip Seal and Slurry Seal aggregate for each layer of treatment aggregate respectively. CONSTRUCTION REQUIREMENTS - GENERAL The Contractor shall notify businesses, schools, and residents at least 5 calendar days prior to starting each phase of the installation (see Revision of Section 630, Construction Zone Traffic Control). The flyer or door hanger shall be submitted to the Engineer for approval one (1) week prior to construction. The flyer shall include a local or toll free contact number for the Contractor and include the following: "Learn more about the City of Fort Collins Street Maintenance Program and find answers to common questions by visiting www.fcgov.com/streets." Subsection 409.04 shall include the following: WEATHER LIMITATIONS No bituminous material shall be applied as follows: 1. When there is any danger the finished product will freeze before it cures completely. 2. When the pavement or air temperature is 60°F (16' C) or below and falling. 3. While puddles of water remain on the surface to be coated. 4. As directed by the Engineer. Project Specifications - Page 17 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL Subsection 409.05 shall include the following: EQUIPMENT - GENERAL All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working order at all times. Unsatisfactory equipment shall be removed and replaced without delay or cost. Descriptive information on mixing and applying equipment to be used shall be submitted for approval a minimum of seven (7) days before commencement of work. The equipment shall conform to the following minimum requirements: Proportioning Devices Individual volume or weight controls for proportioning each material shall be provided and properly marked. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. Calibration Equipment shall be calibrated in the presence of the Engineer prior to construction. Documentation shall be provided including individual calibration of each material at various settings, which can be related to the machine's metering device(s). No machine will be allowed to work on the project until the calibration has been completed and accepted by the Engineer. Previous calibration documentation covering the exact materials to be used may be accepted provided they were made during the current calendar year. The documentation shall include an individual calibration of each material of various settings which can be related to the machine metering device(s). Verification Test strips for each mix used may be required for each machine and each mix used after calibration and prior to construction. If the test sections do not conform to the specification requirements, the treatment shall be removed at the Contractor's expense. No compensation will be made for re -application or additional test sections required due to unsatisfactory work or material. Initiation of work on the project streets shall not begin without the Engineer's approval of test sections. Cleaning Equipment A minimum of two vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on this project. The body hoppers of the vacuum sweepers shall be a minimum capacity often cubic yards, and the negative air pressure at the intake shall be rated at forty six inches of negative water pressure. Sweepers shall meet applicable U.S. Environmental Protection Agency Standards. Project Specifications - Page 18 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL Bituminous Distributor A minimum of two distributors shall be used. The distributors shall be self -powered and capable of providing a uniform application rate of emulsion varying from .05-1.00 gallons per square yard over a variable width up to twenty feet in a single pass. The uniformity of the distributors shall not vary by more than two -hundredths (0.02) gallon per square yard. The distributors shall be equipped with a variable power unit for the pump and full circulation spray bars, which are adjustable laterally and vertically. Distributors shall be self -powered and include computerized application controls, a tachometer, pressure gauges, accurate volume devices, calibrated tank, and a thermometer for measuring temperatures of the emulsion in the tank. Necessary precautionary measures shall be taken to prevent diesel fuel or other cleaning solvents from contaminating bituminous material. Aggregate Spreader The Aggregate Spreader shall be equipped with a computerized rate control for applying 3/8" and 1 /4 " chip seal material at a uniform rate of application on variable widths of surface up to 18 feet. The aggregate spreader shall be self-propelled and supported by at least four tires on two axles capable of providing a uniform application rate of aggregate from five to fifty pounds per square yard over a variable width up to twenty feet in a single pass. The uniformity of this machine shall not vary by more than one pound per square yard. The aggregate spreader shall be equipped with the means of applying the cover coat material to the surface with computerized application controls so that the required amount of material will be deposited uniformly over the full width of the bituminous material. Other types of aggregate spreaders may be used provided they accomplish equivalent results and have been approved. Slurry Spreading Equipment The surfacing mixture shall be spread uniformly by means of a mechanical type squeegee distributor, having a rubber -like material in contact with the surface to prevent unwanted egress of slurry. It shall prevent loss of slurry on varying grades and crown by adjustments to assure uniform spread. An appropriate mechanical device for lateral distribution of the slurry shall be operated within the spreader box. There shall be a steering device, a flexible strike -off, and a burlap type or other approved drag for the longitudinal joint. The spreader box shall be equipped with paddles or augers to agitate and spread the materials throughout the box. It shall be capable of producing a uniform surface its full width. A front seal shall be provided to ensure no loss of the mixture at the road contact point. The rear seal shall act as final strike off and shall be adjustable. The mixture shall be spread to fill cracks and minor surface irregularities and leave a uniform skid resistant application of material on the surface. The spreader box and rear strike off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike off. The longitudinal joint where two spreads join shall be neat appearing, uniform, and lapped no more than six (6) inches but not less than 4". All excess material shall be removed from the job site prior to opening the road. The spreader box shall have suitable means provided to side -shift the box to compensate for variations in pavement geometry. The box shall be kept clean, and no build-up of asphalt and aggregate shall be permitted. Spreader box skids shall be maintained in such a manner to prevent transverse chatter (wash -boarding) in the finished mat. Any type drag used shall be approved by the Engineer and kept in a completely flexible condition at all times. Rollers A minimum of two (2) rubber -tired rollers for Chip Seal and one (1) rubber -tired roller for Slurry and Cape Seal shall be used on the project unless otherwise requested by the Engineer. The pneumatic tired rollers shall be self- propelled and the gross load adjustable to apply 200 to 350 pounds per inch of rolling width, as directed. Tire pressures or contact pressures may be specified for the pneumatic tire rollers. Tire pressures on each roller shall not vary more than plus or minus 2.0 psi. The wheels on the rollers shall be equipped with adjustable scrapers, which shall be used when necessary to clean the wheel surface. Depending on the installation rates, additional Project Specifications - Page 19 of 35 SECTION 00530 NOTICE TO PROCEED Description of Work: 7417 Asphalt Surface Treatment Project To: A-1 Chipseal Co. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within () calendar days from receipt of this notice as required by the Agreement. Dated this day of 20_ The dates for Substantial Completion and Final Acceptance shall be 20_and 20_, respectively. City of Fort Collins OWNER 0 Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of 20_ CONTRACTOR: A-1 CHIPSEAL CO. By: Title: REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL rollers may be required. At no time shall the rollers travel more than ten miles per hour. The rollers shall be maintained in good condition and be operated by experienced roller operators. Sweepers A rotary broom or other approved sweeping or blowing equipment meeting applicable U.S. Environmental Protection Agency Standards may be used to windrow excess material to be picked up during the Chip Seal treatment. Vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on Chip, Slurry, and Cape Seal treatments. The body hoppers of the vacuum sweepers shall have a minimum capacity of ten cubic yards, and the negative air pressure at the intake shall be rated at forty six inches of negative water pressure. Sweepers shall meet applicable U.S. Environmental Protection Agency Standards. Auxiliary Equipment Hand squeegees, portable emulsion spray systems, shovels, and all other equipment necessary to perform the work shall be provided by the Contractor at no additional cost to the Owner. SURFACE PREPARATION Subsection 409.06 shall include the following: PREPERATION OF SURFACE - GENERAL The Owner will be performing concrete repair, patching, and crack sealing on the streets prior to the application of the surface treatments. Inlet protection for erosion control and construction material infiltration into the inlet shall be required at all inlets prior to start of Work. See Sections 208, Erosion Control and Inlet Protection, and Section 4000, Environmental Standard Operating Procedures. Prior to treatment installation, the Contractor shall be responsible for ensuring that the surface is cleaned of all loose material, oil, silt spots, vegetation, and other objectionable material. The roadway surface and gutter shall be included in cleaning efforts. Dust and other material in depressions or other places not removed by mechanical sweepers shall be swept with hand brooms. The Engineer may require washing of the pavement where other methods of cleaning do not provide an acceptable surface. Methods of cleaning shall be approved by the Engineer. Material removed from the surface shall not be mixed with the surface treatment materials. Bituminous material shall not be spread until the area has been cleaned to the satisfaction of the Engineer. All vegetation shall be removed from the surface to be sealed prior to surface treatment placement. Any dead or remaining vegetation shall be removed before sweeping. Vegetation may be removed by burning when, in the opinion of the Engineer, such burning causes no safety hazard or air pollution nuisance. The Contractor shall be responsible for the locating, protecting, and cleaning of all utility covers following the application of material. The protection method and procedure shall be submitted and approved by the Engineer. See Section 210, Reset Structures. SURFACE PREPARATION — CHIP SEAL Chip Seal surface preparation shall meet the aforementioned general requirements. SURFACE PREPARATION — SLURRY SEAL In addition to Slurry Seal surface preparation meeting the surface preparation general requirements, Slurry Seal Project Specifications - Page 20 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL being placed over a surface that has been cleaned of oil spots shall require an approved primer application or other approved process for mitigating potential de -lamination. If the Slurry Seal is being placed over a brick or concrete surface, a highly absorbent asphalt surface, areas subjected to dusty conditions or over a surface where the aggregate has become exposed and is polished and slick, a one part emulsion, three part water tack coat of the same emulsion type and grade as specified for the slurry is recommended. This can be applied with an asphalt distributor. The normal application rate is 0.05 to 0.15 gallons of the diluted emulsion per square yard of surface (0.23 to 0.70 liters per square meter). The Engineer will have final authority to determine if tack coat is required and the rate at which it shall be applied. SURFACE PREPARATION — CAPE SEAL Cape Seal shall meet the general requirements for surface preparation above . APPLICATION — ASPHALT AND AGGREGATE Subsection 409.07 and 409.08 shall include the following: APPLICATION — GENERAL Ensuring proper spread rates and material proportions is the sole responsibility of the Contractor's. The Owner will continually be checking quantities using run sheets. The Contractor is encouraged to also check quantities with run sheets to avoid the penalties described herein. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. The seal coat shall be applied to alternating streets to provide sufficient public parking for those residents living on streets which have been closed. Traffic will not be allowed on the newly placed bituminous material until, in the opinion of the Engineer, the bituminous material has sufficiently set and bonded to prevent damage by vehicular traffic. Areas which are subject to an increased rate of sharp turning vehicles may require additional time to allow for a more complete cure of the surface application to prevent damage. Street closures shall be opened as soon as the material has sufficiently set and bonded. Manholes and valves on streets to be slurry sealed shall be clean when the work is completed. They shall be covered in a suitable manner prior to sealing, and the covering shall be removed immediately after the street is sealed. The Contractor shall submit the method for protecting manholes and valves to the Engineer for approval at least two weeks prior to commencement of work. After sealing, the Contractor shall verify accessibility to manholes and valves to the satisfaction of the Engineer at the end of each day. Manholes and valves shall be marked by the Contractor prior to placing the slurry to insure each one is located and can be found after slurry sealing. The Contractor is solely responsible for finding and using suitable stockpile locations. The Owner shall be allowed access to the stockpile locations at all times. No portion of the right of way may be used for storage of materials or equipment. Materials shall be stored in an area to prevent water saturation and contamination of stockpiled aggregates. On -site emulsion tanks shall be empty and cleaned of all residual asphalt prior to delivery of the first load of approved emulsion. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted prior to mobilization and use. The Contractor shall also submit a letter of indemnification to the Owner and the property owner. Samples of materials shall be furnished as directed by the Engineer during progress of the work at no expense to Owner. The Engineer may use the recorders and measuring facilities of the unit(s) to determine application and yield rates. Project Specifications - Page 21 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor to the Engineer on a daily basis. The Engineer shall schedule testing as required during the project and shall be notified 24 hrs in advance of all material deliveries. Tests may be run on the aggregate and emulsion. Test results will be compared to the specifications. The Engineer shall notify the Contractor immediately if any test fails to meet the specifications. Frequency of assurance testing will be at the direction of the Engineer. Noncompliance of materials shall be basis for rejection. It is the responsibility of the Contractor, at his own expense, to prove to the Engineer that the conditions have been corrected before work may continue. APPLICATION — CHIP SEAL AND DOUBLE CHIP SEAL Chip Seal surface treatments shall be installed as a Chip Seal (one layer) or a Double Chip Seal (two layer) installation. The surface aggregate size shall be 1/4" on residential streets and 3/8" on collector and arterial streets. The aggregate and CRS-2P application rates for a Chip Seal treatment shall be in accordance with the following: CHIP SEAL APPLICATION TABLE (one layer) Material 3/8" Chip 1/4" Chip CRS-2P-Chipseal 0.34-0.40 Gal/SY 0.28-0.34 Gal/SY CRS-2P-Fogseal 0.11-0.14 Gal/SY 0.08-0.12 Gal/SY Aggregate 22 lbs/SY Minimum 18 lbs/SY Minimum Double Chip Seal surface aggregate size shall be 1/4" over 3/8" on residential streets and 3/8" over 3/8" on collector and arterial streets and shall be in accordance with the following: DOUBLE CHIP SEAL APPLICATION TABLE (two layers) Material 3/8" on 3/8" Chip 1/4" on 3/8" Chip CRS-2P-Chipseal 0.68-0.79 Gal/SY 0.62-0.75 Gal/SY CRS-2P-Fogseal 0.11-0.14 Gal/SY 0.08-0.12 Gal/SY Aggregate 55 Ibs/SY Minimum 50 lbs/SY Minimum The specific emulsion and cover aggregate application rate shall also be determined using factors such as surface temperature, traffic volume, existing road condition, and time of year. The application rate may be modified at any time during the course of the construction upon approval by the Engineer. Emulsion Application Bituminous material shall be applied by means of a pressure distributor in a uniform, continuous spread over the section to be treated and within the temperature range of 160 -185° F. The distributor shall be moving forward at the proper application speed at the time the spray bar is opened. Where multiple passes are required to complete the full width, the four inches adjacent to the second pass may be left with fifty percent coverage so that the next pass will complete the full application rate specified. The nozzle angle and bar height shall be set to provide one hundred percent (100) of double coverage in a single pass. A strip of roofing paper at least three (3) feet in width and with a length equal to that of the spray bar of the Project Specifications - Page 22 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL distributor plus one (1) foot shall be used at the beginning of each spread. If the cut-off is not positive, the use of paper shall be required at the end of each spread. The paper shall be disposed of in a lawful manner. Any skipped areas or deficiencies shall be corrected. Junctions of spreads shall be carefully made to assure a smooth riding surface. The length of spread of bituminous material shall not be in excess of that which trucks loaded with cover coat material can immediately cover. The spread of bituminous material shall not be more than four (4) inches wider than the width covered with aggregate from the spreading device and shall not spread onto the concrete, gutter, or crosspan. The Contractor shall use roofing paper or some other approved means of concrete crosspan protection to eliminate emulsion spray on concrete Under no circumstances shall operations proceed in such a manner that the bituminous material be allowed to chill, set up, dry, or otherwise impair retention of the aggregate. Application rates shall be sufficient to prevent streaked appearance in the surface. The distributor, when not spreading, shall be parked so that the spray bar or mechanism does not drip bituminous materials onto the surface of the street, gutters or private property. During all applications, the surface of adjacent structures shall be protected in such a manner as to prevent their being spattered or marred. Any areas inaccessible to the distributor shall be sprayed by hand. All sidewalks, gutters or other surfaces where spatter is excessive, in the opinion of the Engineer, shall be immediately cleaned. Aggregate Application Immediately following the application of bituminous material, aggregate cover material shall be spread in quantities as designated. Spreading shall be accomplished in such a manner that the tires ofthe trucks or aggregate spreader at no time contact the uncovered and newly applied bituminous material. If directed by the Engineer, the cover coat material shall be moistened with water to eliminate or reduce the dust coating of the aggregate; however, excess dust will be a cause for rejection of the aggregate. Immediately after the cover coat is spread, any deficient areas shall be covered by additional material. Rolling Rolling shall proceed in a longitudinal direction, beginning at the outer edges of application and working toward the center. Each pass shall overlap the previous pass by one-half of the width of the front wheel or roll. There shall be a minimum of three (3) passes with the pneumatic -tired rollers over the entire surface prior to moving ahead. One pass will be considered the number of trips to cover the entire surface from one side of the street to the other and for the length being worked. The first rolling of the aggregate shall be made before the asphalt emulsion breaks (roller shall complete the first rolling within approximately two and one-half (2'/2) minutes of the emulsion spray application). In no event shall traffic be allowed on the treated surface until all rolling has been completed. The aggregate shall not be applied in such a thickness as to cause blanketing. At no time shall the rollers travel more than ten miles per hour. Sweeping After the application of the cover coat material the surface shall be lightly broomed or otherwise maintained as directed by the Engineer, for a period of three to four days. Maintenance of the surface shall include the distribution of cover coat material over the surface to absorb any free bituminous material and cover any area deficient in cover coat material. In those areas requiring additional cover coat material, the surface shall be rolled with a rubber -tired roller to embed the aggregate in the bituminous material. The maintenance shall be conducted so as not to displace imbedded material. At the proper time, as determined by the Engineer, all excess cover coat material shall be removed. Excess aggregate that is clean may be stockpiled and re -used in subsequent locations at the discretion of the Engineer. The Engineer may reject aggregate that has been previously applied upon visual Project Specifications - Page 23 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL observation of the stockpile. Clean up Emulsion sprayed on concrete crosspans will require removal by approved methods at the Contractors expense. All material swept or blown onto sidewalks, all trash, all discarded chip seal material or other construction debris shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer. Fog Seal Application Within three (3) days of application of the chip seal, or as directed by the Engineer, the Contractor shall re -sweep all excess aggregate from the roadway and adjacent areas and apply a fog seal of CRS-2P to the surfaces. APPLICATION — SLURRY SEAL Slurry Seal application rate shall be 18 Ibs/sy minimum — 21 Ibs/sy maximum. The slurry shall be a homogeneous mixture, sufficiently stable during the entire mixing - spreading period so that the emulsion does not break, there is no segregation of fines from the coarser aggregate, and the liquid portion of the mix does not float to the surface. Total time of mixing, from introduction of emulsion to spreading shall be two minutes or less. Slurry mixtures placed in test strips shall conform to design mix with minor variations to obtain crack filling, bond to pavement, and desired skid resistance texture. In the event the materials do not meet the requirements for fluidity, non -segregation, or surface texture, a newjob mix shall be formulated and tested. Work shall not proceed before approval of a design mix and acceptance following the placing of a test strip. General The surface shall be fogged with water directly preceding the spreader if required by local conditions as directed by the Engineer. No free water shall be on the surface of the pavement following fog spray. Rate of application of the fog spray shall be adjusted during the day to suit pavement temperatures, surface texture, humidity, and dryness of pavement surface. The slurry mixtures shall be of the desired consistency as it leaves the mixer, and no additional elements shall be added. A sufficient amount of slurry shall be carved in all parts of the spreader at all times so that complete coverage is obtained. No lumping, balling, or unmixed aggregates shall be permitted. No segregation of the emulsion and aggregate fines from the coarse aggregate will be permitted. If the coarse aggregate settles to the bottom of the mix, the slurry will be removed from the pavement. Breaking of the emulsion in the spreader box will not be allowed. No streaks as caused by oversized aggregate will be left in the finished pavement. Rippling of the finished pavement is undesirable and shall be minimized. The speed may be reduced by the Engineer, if rippling of the surface occurs. At any time that segregation, texture, rippling or application rate are in non compliance with the specifications due to mix equipment or workmanship, work will be stopped until the Owner's representative is insured that the non conformance has been corrected. After lay -down work is completed and before final acceptance by the Engineer, spot application of slurry seal material may be required to correct any deficiencies such as streaking, scuff marks, tire tracks, gaps, etc. to improve the ride quality and overall appearance. Slurry seal material required to correct deficiencies due to unsatisfactory workmanship will not be paid for but shall be at the Contractor's expense. Project Specifications - Page 24 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL Joints The longitudinal joint between adjacent lanes shall have no visible lap, pinholes, or uncovered areas. Build-up or unsightly appearance shall be not be permitted on longitudinal or transverse joints. The use of burlap drags or other type drags shall be at the direction of the Engineer. Thick spots caused by overlapping shall be smoothed immediately with the hand squeegees before the emulsion breaks. Longitudinal joints shall be overlapped no more than six (6) inches over previously placed slurry. Slurry seal will be measured and paid for by the square yard of street surface properly sealed and accepted by the Engineer. Building paper shall be used at transverse joints to minimize or eliminate overlap. When drags are used, they must be kept clean and free of build-up. Joints shall be straight and have a neat appearance. Hand Work Approved hand squeegees with burlap drags shall be used to spread slurry in areas not accessible to the slurry mixer. Care shall be exercised as to the specified application rate and workmanship, as to leave no unsightly appearance from hand work.. Mix Stability The mixture shall possess sufficient stability so that premature breaking of the material in the spreader box does not occur. The mixture shall be homogeneous during and following mixing and spreading, it shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Spraying of additional water into the spreader box will not be permitted. Lines Care shall be taken to ensure straight lines along curbs, shoulders and joints. No runoff on these areas will be permitted. Lines at intersections will be kept straight to provide a neat appearance. Curing Slurry treated areas shall be allowed to cure until such time as the Engineer permits their opening to traffic. The slurry seal mixture shall be proportioned to permit traffic on the newly sealed surface within I to 4 hours of placement. The Contractor shall protect the area with suitable barricades for the full curing period, per the approved traffic control plan. Rolling Slurry seal placed on parking lots, alleys, cul-de-sacs or low traffic volume areas, as determined by the Engineer, shall be rolled with a pneumatic tire roller with a minimum weight of four (4) tons. Rolling shall start when the slurry seal has set sufficiently to prevent any pick-up of material and rolled a minimum of three (3) coverages by the roller unti I a uniform surface is obtained. Payment for rolling will not be measured or paid for separately, but shall be included in the unit price for Slurry Seal. Cleanup All material swept or blown onto sidewalks, all trash, all discarded slurry seal material, or other refuse shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer. Slurry seal on concrete curb, gutters, and crosspans will require removal by approved methods at the Contractors expense. Project Specifications - Page 25 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL All applied slurry surfaces shall be swept with a vacuum style sweeper to remove any excess raveled material which becomes dislodged from the street surface after seven (7) working days. Dislodged material from the street shall be disposed of to a site approved by the Engineer. Payment for sweeping shall be paid for separately as described in Section 02000 "Revision of Section 105; Maintenance During Construction". Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner. APPLICATION — CAPE SEAL The installation of the slurry seal layer over the chip seal layer shall be applied within three (3) working days of the Chip Seal installation. Cape Seal requirements shall follow the application specifications outlined in the above sections under Chip Seal and Slurry Seal and conform to the following: Material 3/8" Chip Arterial/Collector 1/4" Chip Residential CRS-2P-Chipseal 0.30-0.36 Gal/SY 0.26-0.32 Gal/SY Aggregate 22 Lbs/SY Minimum 20 Lbs/SY Minimum Material 3/8" Chip Arterial/Collector 1/4" Chip Residential Slurry Seal 20 Lbs/SY Minimum 18 Lbs/SY Minimum METHOD OF MEASUREMENT Subsection 409.09 shall be revised as follows: Chip Seal and Double Chip Seal will be measured and paid for at the contract unit prices per square yard of street surface properly sealed and accepted by the Engineer minus any reduction for noncompliance with approved aggregate and emulsion application rates. Slurry Seal shall be measured and paid for at the contract prices per square yard of street surface properly sealed and accepted by the Engineer, minus any reduction for noncompliance with approved aggregate and emulsion application rates. No separate payment for additional additives will be made unless approved prior to use by the Engineer. Cape Seal shall be measured and paid for at the contract prices per square yard of street surface properly sealed and accepted by the Engineer, minus any reduction for noncompliance with approved aggregate and emulsion application rates Application rates shall meet the requirements contained herein. If the yield is determined to be below the minimum application rates, the treatment will be subject to rejection or a price reduction as determined by the Engineer as follows: AMOUNT BELOW MINIMUM APPLICATION RATE PERCENTAGE REDUCTION IN FINAL PAYMENT 1 - 5% 10% or Rejection - 10% 20% or Rejection 10%+ Determined by Engineer or Rejection Project Specifications - Page 26 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL BASIS OF PAYMENT Subsection 409.10 shall be revised as follows: The accepted quantities of chip seal will be paid for at the contract prices per square yard of street surface properly sealed and accepted by the Engineer, minus any reduction for noncompliance with approved aggregate and emulsion application rates. Payment will be made under: Pay Item Unit 409.01 Chip Seal (Arterial) Square Yard 409.02 Chip Seal (Collector) Square Yard 409.03 Chip Seal (Residential) Square Yard 409.04 Double Chip Seal (Residential) Square yard 409.05 Type II Slurry Seal (Collector) Square Yard 409.06 Type II Slurry Seal (Residential) Square Yard 409.07 Type 11 Slurry Seal (Parking Lots) Square Yard 409.08 Cape Seal (Collector) Square Yard 409.09 Cape Seal (Residential) Square Yard 409.10 Cape Seal (Arterial) Square Yard The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, required traffic control devices, TCS and flagging personnel, traffic control signage, incidentals, preparing street surfaces, installing a tack or fog coat when required, rolling, clean up, and for all the work involved, complete -in - place, including haul, disposal, and cleanup as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications - Page 27 of 35 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Section 630 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 630.01 shall include the following: This work shall consist offumishing, installing, moving, maintaining, and removing temporary construction traffic control devices, including but not limited to signs, advance warning arrow panels, barricades, channelizing devices, and delineators as required by the latest revisions of the City of Fort Collins "Work Area Traffic Control Handbook," the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the Larimer County Urban Area Street Standards (LCUASS), and the Colorado Department of Transportation Road and Bridge Standard Specifications (CDOT). In the event of a conflict between the MUTCD criteria and the City's criteria, the City Is criteria shall govern. "The City of Fort Collins Master Street Plan" map depicting the street classifications (Arterial, Collector, and Residential) can be found at the following link: http://ciiydocs fcgov.com/?dt=Master+Street+Plan+Map&dn=GIS+MAPS&vid=l92&cmd=showdt MATERIALS Subsection 630.02 shall include the following: All traffic control devices shall must meet or exceed the required minimum standards. Traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. Devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.). Sign blanks with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists and bicyclists traveling in the opposite direction and residents potentially affected by information the sign may present. CONSTRUCTION REQUIREMENTS Subsection 630.10 shall be revised as follows: The Contractor shall be responsible for ensuring safe passage through the work zone for vehicles, pedestrians and bicycles. The City of Fort Collins shall not be responsible for any loss or damage to equipment due to theft or vandalism or for any damages to public or private property caused by the Contractor's construction activities. Private or public property which is damaged by the Contractor's installation, equipment, or employees will be the sole responsibility of the Contractor. Two-way traffic shall be maintained at all times unless approved by the Engineer. Lane width shall be maintained at a minimum of ten (10') feet. The Contractor will provide 24 hour minimum notice to the City of Fort Collins Traffic Department when construction operations will be near a signalized intersection. Project Specifications - Page 28 of 35 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Notification of residents and businesses shall be the responsibility 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. Letters with the Traffic Control Plans shall be submitted for approval by Engineer and shall be distributed by the Contractor's representative a minimum of 48 hours prior to the commencement of each phase of the work. Devices temporarily not in use shall be removed from the area. Moving shall include devices removed from the project and later returned to use. Devices may be temporarily placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists, and vehicles, as approved by the Engineer. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). TRAFFIC CONTROL PLANS Traffic control plans shall be submitted on City supplied forms and approved for all work locations/areas prior to commencement of any Work. Traffic control plans shall be prepared by a Traffic Control Supervisor certified by the American Traffic Safety Services Association (ATSSA) or a Worksite Traffic Control Supervisor certified by the Colorado Contractor's Association (CCA). Typical Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a.m. two working days (48 hours) prior to the commencement of work. All plans shall be delivered to the Engineer, 625 Ninth Street, Fort Collins. Facsimiles of plans shall not be allowed. Typical submittals for residential work scheduled on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m. Full residential road closure plans shall be submitted no later than Friday morning by 8:00 am for projects starting the following week. Submittals for full closures on arterial and collector streets shall be submitted two weeks prior to the commencement of work. A Traffic Control Plan shall be submitted for each Arterial and each Collector street scheduled for work. Each residential area shall have one typical Traffic Control Plan submitted for the area. When changes to the Traffic Control Plan(s) are necessary, a re -submittal for the area shall be provided for approval. The Traffic Control Plan shall include, as a minimum, the following: (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panels; vertical panels with lights; Type I, Type 11, and Type Ul barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panels. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used, parking restrictions to be in affect and detailed pedestrian and bicycle movement. Project Specifications - Page 29 of 35 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Variable Message Boards shall be placed a minimum of 5 working days prior to the project. For full closures on Arterials and Collectors, Variable Message Boards shall remain in place until completion of the project. For lane closures on Arterials and Collectors, message boards shall remain in place for two days after starting work. The Engineer will issue direction for the number of boards, general locations for placement, and message verbiage. Fully automated variable message boards shall be installed and operate continuously for the duration specified. Flagger stations shall be located such that approaching motorists, bicyclists, and pedestrians, shall have sufficient distance to safely stop at a specified location. The Contractor shall maintain access at all times to businesses, schools, and residents and shall communicate their schedule 48 hours prior to beginning the Work. Approval of the proposed method of handling traffic does not relieve the Contractor of liability specifically assigned to him under this contract. TRAFFIC CONTROL MANAGEMENT Subsection 630.11 shall be revised as follows: Traffic control devices and traffic control management shall be placed under the supervision of a Traffic Control Supervisor. The Contractor shall designate an individual, other than the superintendent, to be the Traffic Control Supervisor. Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of certification shall be submitted to the City Traffic Control Manager and Engineer, for all personnel assigned to the project. The Traffic Control Supervisor shall have approved traffic control plans for the work site and current copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUfCD, pertaining to traffic controls for street and highway construction, available at all times. One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. It is the intent of the specifications that the Head TCS be the same throughout the project, on site at all times during construction hours, and equipped with a cellular phone. The Head TCS shall be "on call" and available during non -working hours and a 24-hour telephone number shall be provided to the Engineer. The response time from the Engineer's contact outside of construction hours shall be 30 minutes or less and correction of the issue(s) shall be one (1) hour or less. If, in the opinion of the Engineer, any traffic control individual does not perform their duties at or to the minimum industry standard, the Contractor will be required to replace that individual. The TCS shall be equipped with a cellular phone. The TCS duties shall include, but not be limited to: 1. Prepare, revise and submit Traffic Control Plans as required. 2. Supervise and direct project flaggers. 3. Coordinate all traffic control related operations, including those of the Subcontractor and Supplier. Project Specifications -Page 30 of 35 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES 4. Coordinate project activities with appropriate police and fire control agencies, Transfort (Fort Collins Bus Service), school districts and other affected agencies and parties prior to construction. 5. Notify residents and businesses at least 5 days prior to construction. a. Notifications may be accomplished by a representative of the Contractor, the Traffic Control Supervisor, or Flagger. 6. Inspect traffic control devices on a calendar day basis for the duration of the project to ensure devices are functioning properly. 7. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety, and orderly movement of traffic. 8. Flagging for emergency situations or relief of personnel for short periods of no more than 15 minutes over a 60 minute period. 9. Set up and removal of traffic control devices.. 10. Maintain a project traffic control diary which shall become part of the City's project records. This diary/log shall be submitted to the Engineer daily and shall include the following information as a minimum: a. Date b. Time of the inspections c. Project description and location d. Traffic Control Supervisor's name c. Type and quantity of traffic control devices used per approved Method of Handling Traffic (MHT) f. List of flaggers used, including start time, stop time and number of flagging hour breaks g. Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and corrective action taken The Engineer reserves the right to request traffic control personnel be replaced when, in the opinion of the Engineer, the minimum industry standards for performing duties are not being met on site. Notification of residents and businesses shall be the responsibility of the TCS, TCS Representative, or Contractor and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during construction), the dates and times of the work, and the parking and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 48 hours prior to the commencement of work. All traffic control devices and traffic control management shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall current copies of the City of Fort Collins Work Area Traffic Control Handbook, and Part VI of the MUTCD, pertaining to traffic control for street and highway construction, available at all times. Project Specifications - Page 31 of 35 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES METHOD OF MEASUREMENT Subsection 630.15 shall include the following; All costs associated with the Traffic Control Plan review shall not be measured or paid for separately, but shall be considered incidental to the work. Review fees will not be measured or paid for separately, but shall be considered incidental to the Work. The City shall deduct from compensation due the Contractor $10.00 per day for each traffic control device not removed from the site immediately upon completion of the work or as directed by the Engineer. Flagging personnel shall not be measured or paid for separately but shall be included in the unit price of the Work including break times. The quantity of flaggers shall be determined by the classification of the roadway (Arterial, Collector, and Residential) and the Contractors' flagging needs based on the work being performed. Flagger hand signs and devices, such as Stop/Slow paddles, will not be measured and paid for separately, but shall be included in the work. The flagger(s) shall be provided with electronic communication devices as required. These devices will not be measured and paid for separately, but shall be included in the work. The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but will be considered subsidiary to the item. Sand bags and caution tape will not be measured and paid for separately, but shall be included in the work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD if approved by the Engineer; however no payment will be made for the additional panel size. Business signs and detour placard street names are NOT considered Specialty Signs and will not be measured or paid for separately, but shall be included in the work. "Variable Message Boards" shall be measured and paid per each per day at the contract unit price for variable message boards as required for each area and street. "Additional Flagging" shall be measured and paid per hour only when requested by the Engineer in writing for special circumstances not already included under another item. Hours of non -flagging work in excess of those authorized shall not be measured and paid for separately but shall be at the Contractor's expense. The City shall not be responsible for any losses or damage due to theft or vandalism. The City will not be responsible for any damages caused by the Contractor's construction activities to the public. Private or public property which is damaged by the Contractor's equipment or employees will be the sole responsibility of the Contractor. Project Specifications - Page 32 of 35 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES BASIS OF PAYMENT Subsection 630.16 shall be revised as follows: Pay Item Unit 630.01 Variable Message Board Per each per day 630.02 Additional Flagging Personnel Hour The above unit prices and payments shall include full compensation for furnishing all labor, materials, tools, and equipment and all related incidental items for "Variable Message Boards" and "Additional Flagging Personnel', complete -in -place including message modifications, as specified in these specifications, and as directed by the Engineer. All other traffic control items related to the Work including but not limited to furnishing equipment, equipment mobilization/ demobilization/ modification, TCS and flagging personnel hours, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidentals required for traffic control under this contract shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work. No measurement or payment shall be made separately for traffic control related items, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications - Page 33 of 35 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES SPECIAL CONDITIONS FOR WORK ON COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. NOTE: FULL CLOSURES ON COLLECTORS WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL BY THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF TWO WEEKS PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. NOTE: CONSTRUCTION OR REPAIR WORK WILL NOT BE PERMITTED AT OR IN THE VICINITY OF SIGNALIZED INTERSECTIONS OR ANY COLLECTOR STREETS THAT HAVE MAJOR TRAFFIC VOLUMES BETWEEN THE HOURS OF 7:00 A.M. TO 8:30 A.M. OR 3:30 P.M. TO 6:30 P.M. (EXCEPT IN THE CASE OF AN EMERGENCY). EXCEPTIONS MAY BE MADE FOR CONSTRUCTION OR REPAIR WORK ON ARTERIALS AND COLLECTORS BETWEEN THE HOURS OF 7:00 A.M. TO 6:00 P.M., MONDAY THROUGH FRIDAY EXCLUDING HOLIDAYS, WHEN ALL EQUIPMENT, LABOR, TRAFFIC CONTROL DEVICES AND CONSTRUCTION ARE NOT IN THE VICINITY OF AN INTERSECTION. THE ENGINEER WILL AUTHORIZE SUCH WORK AND SPECIFY THE REQUIRED DISTANCE FROM THE INTERSECTION. NOTE: TIME RESTRICTIONS ON S.H. 287 (COLLEGE AVENUE) WILL NORMALLY BE RESTRICTED FROM 9:00 AM TO 3:00 PM. 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. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. END OF SECTION Project Specifications - Page 34 of 35 201S ASTP Quantities (proposed) The following tables show lane mile and square yard quantities for 2015 Phase 1 and Phase 2 ASTP. There are three tables for each phase: • Summary of area by Project Name • Detail of area by street • Summary of area by treatment type Phase 1 By Project Name only: Project Name Lane miles Square yards Crest Rd 1.7 12059 Fox Meadows 0.7 5160 Horsetooth west 3.0 21189 Moffett Area 1.7 j 12311 Richmond 1.0 7259 Skyview North 5.2 36394 Four Seasons 7.9 55617 English Ranch 4.6 32618 Woodridge 2 2.0 14014 Lauren 1.4 9573 Grand Total 29.3 206194 Street by street: Lane miles Street square yards Crest Rd 1.7 12059 Double Chip 1.7 12059 RES 1.7 12059 CREST RD 1.7 12059 Fox Meadows 0.7 5160 Cape 0.7 5160 RES 0.7 5160 KODIAK RD 0.1 400 WAPITI RD 0.4 2551 BISON RD 0.3 2209 Horsetooth west 3.0 21189 Cape 3.0 21189 City of Fort Collins Streets Dept. April 20, 2015 Page 1 of 7 ART 2.5 17537 W HORSETOOTH RD 2.5 1 17537 RES 0.5 3651 HORSETOOTH CT 0.2 1133 PLATTE CT 0.1 703 PLATTE PL 0.3 1815 Moffett Area 1.7 12311 Chip 1.7 12311 RES 1.7 12311 MOFFETT DR 0.7 4849 MOORE LN 0.4 2728 PRIMROSE DR 0.7 4735 Richmond 1.0 7259 Double Chip 1.0 7259 RES 1.0 7259 RICHMOND DR 1.0 7259 Skyview North 5.2 36394 Chip 5.2 36394 RES 5.2 36394 MARS DR 0.9 6101 MERCURY DR 0.5 3783 MILKY WAY 0.5 3624 NEPTUNE DR 0.7 4875 POLARIS DR 0.2 1684 STARWAY ST 0.7 5034 VENUS AVE 1.2 8243 W SKYWAY DR 0.4 3050 Four Seasons 7.9 55617 Cape 6.5 45621 RES 6.5 45621 ARBOR AVE 1.3 9445 DENNISON AVE 0.5 3620 MOSS CREEK DR 1.1 7583 TRADITION DR 1.1 7919 BENTHAVEN ST 1.2 8568 CORONADO AVE 0.7 4785 BONITA AVE 0.4 3076 WINTER CT 0.1 625 Fog Seal 1 1.41 9996 City of Fort Collins Streets Dept. April 20, 2015 Page 2 of 7 RES 1.4 9996 BENTHAVEN ST 0.8 5914 BENTHAVEN CT 0.0 340 MARBLE DR 0.5 3741 English Ranch 4.6 32618 Cape 4.6 32618 COL 1.0 7106 KINGSLEY DR 0.7 4807 SUNSTONE DR 0.3 2298 RES 3.6 25513 CARRICK RD 0.5 3642 EDMONDS RD 0.2 1124 HARRINGTON CT 0.1 575 KINGSLEY CT 0.1 500 NEWBURY CT 0.1 582 SOUTHFIELD CT 0.2 1136 STONEHAVEN DR 1.3 8939 SUNSTONE DR 0.9 6632 SUNSTONE WAY 0.3 2382 'Woodridge 2 2.0 14014 Cape 2.0 14014 RES 2.0 14014 CENTER GATE CT 0.3 2076 GREENGATE DR 0.4 3068 ROLLING GATE RD 0.8 5796 APPLEGATE CT 0.3 2258 WILLOWGATE CT 0.1 419 CEDARGATE CT 0.1 397 Laurel 1.4 9573 Cape 1.4 9573 ART 1.0 6800 W LAUREL ST 1.0 6800 COL 0.4 2773 E LAUREL ST 0.4 2773 Grand Total 29.3 206194 City of Fort Collins Streets Dept. April 20, 2015 Page 3 of 7 By treatment: Lane Street miles square yards Fox Meadows 0.7 5160 Horsetooth west 3.0 21189 Four Seasons 6.5 45621 English Ranch 4.6 32618 Woodridge 2 2.0 14014 Laurell 1.4 9573 Moffett Area 1.7 12311 Skyview North 5.2 36394 uble Chip, Crest Rd 1.7 12059 Richmond 1.0 7259 og Seal Four Seasons 1.4 9996 Grand Total 29.3 206194 Phase 2 By Project Name only: Project Name Lane miles Square yards Academy Ct 1.3 8943 Buckingham 0.9 6811 City Park Heights 2 3.6 25566 EvenstarCt 0.2 1096 Lady Moon 2.3 16475 Parkwood 0.8 5580 Remington 7.7 54440 Scotch Pines 1 1.2 8711 Shenandoah 2 3.0 21397 Hampshire Area 6.7 47297 Capitol Hill 2.2 15236 Grand Total 29.9 211552 City of Fort Collins Streets Dept. April 20, 2015 Page 4 of 7 Street by street: Lane miles Street square yards Academy Ct 1.3 8943 Chip 1.3 8943 RES 1.3 8943 ACADEMY CT 1.3 8943 Buckingham 0.9 6811 Cape 0.9 6811 RES 0.9 6811 3RD ST 0.6 4460 LOGAN AVE 0.3 2351 City Park Heights 2 3.6 25566 Cape 3.6 25566 RES 3.6 25566 BAYSTONE DR 0.5 3503 BIRCH ST 1.0 7168 CRESTMORE PL 0.3 1885 E COY DR 0.2 1418 MILLER DR 0.3 2116 W COY DR 0.2 1417 W MYRTLE ST 0.8 5716 WAGNER DR 0.3 2342 Even star Ct 0.2 1096 Cape 0.2 1096 RES 0.2 1096 EVENSTAR CT 0.2 1096 Lady Moon 2.3 16475 Cape 2.3 16475 COL 2.3 16475 LADY MOON DR 2.3 16475 Parkwood 0.8 5580 Cape 0.8 5580 RES 0.8 5580 KENWOOD CT 0.1 717 ROLF CT 0.2 1495 ROLLINGWOOD CT 0.1 945 TEAKWOOD CT 0.2 1563 PARKWOOD CIR 0.1 861 City of Fort Collins Streets Dept. April 20, 2015 Page 5 of 7 OWD KNOW ALL BY THESE PRESENTS: that PERFORMANCE BOND Bond No.58725748 (Firm) A 1 Chipseal Company (Address) 2001 West 64th Lane Denver CC 80221 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as "the Principal," and (Firm) Western Surety Company (Address) 333 S Wabash Ave Chicago IL 60604 hereinafter referred to as "the Surety," are held and firmly bound unto the City of Fort Collins, 300 West LaPorte Avenue, Post Office Box 580, Fort Collins, Colorado 80522, a Municipal Corporation, hereinafter referred to as "the Owner," in the penal sum of $1, 936, 793 56 One Million Nine Hundred Thirty Six Thousand Seven Hundred Ninety Three Dollars and 56/100 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Contract Agreement with the Owner, dated the 6th day of May , 2015 , a copy of which is herclo attached and make a part hereof for the performance of City of Fort Collins Project, 7417 Asphalt Surface Treatment Protect - 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 Contract Agreement during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without Notice to the Surety and during the life of the guaranty period, and if he shall satisfy all claims and demands incurred under such Contract Agreement, and shall fully indemnify and save harmless the Owner from all cost and damages which it may 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, and then this obligation shall be void; otherwise to terrain in full force and effect. PROVIDED, FARTHER, 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 Contract Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns of the Contract Agreement or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim maybe unsatisfied. IN WITNESS WHEREOF, this instrument is executed in three counterparts, each one of which shall be deemed an original, this 15th day cf May , 2015 IN PRES C OF:IJ Stephanie Wallis, Corporate Secretary (CORPORATE SEAL) Pape 11 of 2 Daniel J. Gryzmala President (Title) 2001 West 64th Lane. Denver, CO 80221 (Address) Remington 7.7 54440 Cape 7.7 54440 ART 7.3 51223 REMINGTON ST 7.3 51223 COL 0.5 3217 REMINGTON ST 0.5 3217 Scotch Pines 1 1.2 8711 Cape 1.2 8711 RES 1.2 8711 ABERDEEN CT 0.1 961 ALEXANDER CT 0.1 1001 BALMORAL CT 0.1 912 DUNDEE CT 0.4 2528 EDINBURGH CT 0.3 2011 HEATHER CT 0.2 1297 Shenandoah 2 3.0 21397 Cape 3.0 21397 RES 3.0 21397 CHEOPS CT 0.1 412 CLEOPATRA ST 0.2 1664 DESTINI DR 0.2 1582 EGYPTIAN CT 0.3 2445 EGYPTIAN DR 0.8 5624 HUDSON CT 0.3 1931 LYFKA ST 0.2 1585 WOODROW DR 0.9 6155 Hampshire Area 6.7 47297 Cape 6.7 47297 COL 5.4 38287 HAMPSHIRE RD 5.4 38287 RES 1.3 9010 FARGHEE CT 0.3 1808 KARAKUL CT 0.2 1080 KARAKUL DR 0.2 1727 LIMOUSIN CT 0.2 1124 ZENITH CT 0.1 608 RYELAND LN 0.4 2664 Capitol Hill 2.2 15236 Cape 2.2 15236 City of Fort Collins Streets Dept. April 20, 2015 Page 6 of 7 RES MAPLE ST 0.7 5093 SYCAMORE ST 0.7 5225 WEST ST 0.7 4918 Grand Total 32.1 211552 By treatment: Buckingham Lane miles 0.9 Street square yards 6811 City Park Heights 2 3.6 25566 EvenstarCt 0.2 1096 Lady Moon 2.3 16475 Parkwood 0.8 5580 Remington 7.7 54440 Scotch Pines 1 1.2 8711 Shenandoah 2 3.0 21397 Hampshire Area 6.7 47297 Capitol Hill Academy Ct 2.2 1.3 15236 8943 Grand Total 32.1 211552 City of Fort Collins Streets Dept. April 20, 2015 Page 7 of 7 2015 Project Area Maps • PHASE 1— May/June o Crest Rd o English Ranch o Four Seasons o Fox Meadows o Horsetooth West o Laurell o Moffett Area o Richmond o Skyview North o Woodridge 2 • PHASE 2 — August/Sept. o Academy Ct o Buckingham o Capitol Hill o City Park Heights o Evenstar Ct o Hampshire Area o Lady Moon o Parkwood o Remington o Scotch Pines 1 o Shenandoah 2 Fort Collins Streets Legend 2015 projects , _ _ City Limits �Surlace treatment �Ovenay aiReconstmct dlaCana Pvmt Repair STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 1 of 50 N W+ S Revised Apa le 2015 i2,Feet I I Overview /�F�ort Collins ` Streets Legend 2016 projects 2016 Prol■ct■ City Unt is �Surtace treatment Surface treatment :r l Schools nwoverlay HIP e Reoonatrucl • • • overlay —Cone Pvmt. Repair • • Reconstruct Conc Pvmt Repar Willox E Ln trl/ox Ln m' e�;.a• vl Q W Conifer St m tr J 2 STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 3of50 Revised Apra 16, 2C15 a L� Wi*n Vista Dr J p a E t;,arganey. Rd)r E SOW Alta cc V,ta E Vine Dr m m Buckingham �5rE rt � Buckingham Sty 2. e�or s, t'n i tersectlon lil�in L-71 y E Mulberry ti ..a. .�. .:... St- 3urett ....�' neno ■ E ■ @,S, • -.kc•s �ko 1a@ 7 1 f Lau-�' 1 S C . r . • _ Pennock O PI y pt E E bAbeth Of 'w'7tationa! Blvd 4 Oct N j/ W+L S tY 6 E County H to Road 50 e � n m a SG L. E Pitkln St E CO M y.............� ...�.�.....,.. �w S EProspect Rd 7J tY Midpant ora er m $m °c �E Stuart SI tint a fDa1rtmouth�t�• �a "- _ Nancy Columbia Rd CotU. Fark, o 3 qve B or 4 N f?d 2 Qm 3p o4n0 17 9+gy4 Drake Rd j� f Rollin ood Ln t d ■ a gv_ a .■J■4 SCotch ' •� P ARines t astargy{e x o`uthm� Y ��it CeRle (' n r■aJ'f�J} � • 4 �•�C t- l .1 E County Road 48 p n 2 0 6.000 Feet Northeast Quadrant I I I I I I I Fort Collins Streets Legend 2015 projects 2016 Projects City Limits ttttttt11111111Surface treatment Surface treatment 1:Schools 4�Ovenay HIP Reconstruct - Ova -lay ,Conc. PvmL Repair ^ • Reconstruct Conc. Pvmt- Repair STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 2 of 50 N W+E S Revised ApN 16, 20 t S Wil/ox Ln j E W/Ank I_rl- -' - h Pod fear ✓W h` O 4z .E+ Hl: ry St z � Conifer St� at o m FSuniga m 2 Q Rd & E Vine Dr Vf m to Cn y o Buckingham Ca itol cherry S o 14 Suckinphem St Hill = z ., z `y Laporte Ave •j• ;- - .-�.. feffwson:Sts? ELincoln 71Wa)nut &Linden W Mountain Ave s W Mountain Avevfntersecti nuniain /�vee Ave W Mountain er lk � m W MulberryagyNolia„_ a:m ulberryl -- _ - a `� E 2 Z St o m .. ..; �.: 8 "Mason y�: _ . , ; -y ,Park Downtown 1' • g • a r . NeT i , L: W Laurel ,.��YE • Cf.) 2. l St La et Laure9 /�• �,r.iee.nockt W ElizabeA St � E Elizabeth 5t Zla L772 Ir yE PYtldn St ���ct ••¢•l a1 �• W !1 Rd _ W Prospect Rd < E Pro;rj^j'- Rd . e -� 4� •• ro -eee eeru•e.0 emu.•. ..r�[r' ...••e y' Ppect R i "�• E Stuart St :., ; Estates Rem m rHbA t p"."dSaint • Yi t . W Stuart St awl%/' �: ,�i� • t mr+wY t)aym0•`' 6s • Vl f a V Q >dmbla Rd �unNa,aa42 •m • EvenstarCtn P,a W m Columbla,Rc� o w Cg: a Park ' Drake RC ; E Vd'*��Rd 8'Lou dc Scot ,Qnese . + "wok. 'm �y`,�? Y'•�•� .S,OUtfIrI,T+Qo f't Swa bw e f/f :. : `• Vrl a! ge Ro I j j j i i i 6,000 Feet j Northwest Quadrant F�ort Collins ` Streets Legend 2015 projects 2016 Protects City Lints ®Surface treatment Surface treatment <_' Schoo's �c,veday HIP IIIIIIIIIIIIIIIIISRe,construct - + overlay Conc PvmL Raps r - • Reconstruct Conc PvmL Repair Ilow�kdE Swagm Rd Village oothills ; Pkwy 3� E Mond M -roe - N Monroe Or -e Dr . - took4r� 6? � a trdwalk� Dr E Trotitrne an Pkwpkwy °aid John `rd mF Kennedy f�jwk s wey o Pkwy mggy Rd SA,_ a pga Dr ` . * Da m S� F Q • 'r .- Or ••. i .`.: S•� � � b • e ii 3 j •;' i' ,� r0 of ..• E STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 5 of 50 Camenntal m ti d11 �• .• •� 471flam Neal P" tm s a Stone idge, 6orsetooth Rd Fld rf FoxIMeadowS Su wra cPr,N' osr jI1 91,�fish Suns addinglonwogsDr anch Rd E Harmony Rd c m . �' '-dry .2 a •.. o T o 5 a c�3rM Cree 1Y� k Battleaoek Slft n Of cmek or • Skyview T �"•. North S.. Southridge Greens a• •.f E Skyway i%%iii''777111 SanYSr W Trilby E Trilby Rd Rd a m y 0 Pro,dncee Ka Nassau Way Carpenter Rd C v�111p�+, Zo'w/h m m a �J " a g � � O Rock Crook Dro f �- t Starp,59h G rn 392' Revised April 16. 2015 25 yid Cn r to 0 8f9 D�pr��r n DDSs a c V 3 Kechgr' Rd County Road 36 ShaRow4 Or qv 0 6,000 Feet t t l t l l l Southeast Quadrant Fort Collins Streets Legend 2015 projects 2016 Projxts City LR01ts ®Surface treatment Surface treatment Schools 40MENDOveday H.P s Reconstruct Overlay c— Cone Pm. L Repair Reconstruct Cone Pvmt Reps STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 4 of 50 -A c Moffett ' a Ar y'• a°F l�O� l R FVvindmill Or o WHorsetoothRd Horseto Nbrsetooth west FourYSeaso i Richmond ana5h sr W County Road 38E co 0 N1 Srouhi7an Pkwya rmony rid wl-� m h M Revised April 16. 2075 N WQ{j E S W Swallow Rd E Swalltm RtlPUU1l11f1UUl m m IN,Foothil kw,y„��Mot oe �r 2snonvo `g W Monr�q; ,Dr m y or h.central� F e a E a Horsetooth r $ a m rm� W �s Boardwalk Dr �•' Boardwalk � Dr intan rE T W Troutman P� Pkwy S Mason ss, balers Wa, st o n EI T HarmcVA Rd g ILLS d o 1. cav,e4 U o 01 Himdsle Or Oakntlt � m • \P •0.4* +, f� i Southridpe Greens Blve ••° SOO �'' • ' Gree, s \ \1T S-kyyvi�w 'North as a" Dr%. 't•S�eekP E Trilby Rd a 0 8 C l^_ Province Rd Rd s,000 Feet I i t i t t Southwest Quadrant i PHASE 1 Map 12 of 50 Revises Apnl 16. 2015 Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Legend 2015 projects Adjacent 2015 projects 2015 Projects City Limits sIIIIIIIIIIIIIIISurtace treatment Surface treatment Surface treatment (T; Schools s C)veday - Overlay HIP 41111111111111DRecenstruct -- Reconstruct M • Overlay �=--Cent Pvmt. Repair Core. Pvmt. Repair • Reconstruct Cone. Pvmt. Repair I 5Feet I Crest Rd IN PRESENCE OF: (SURETY SEAL) Other Partners By: By: By: Western Surety Company WE 21 V, 'ren MAFeggestad 333 S. Wabash Ave. Chicago, IL 60604 Wawa") NOTE: Date of Bond must not be prior to date of Contract Agreement if Contractor is Partnership, all partners should executc Bond. IWORTANT: Surety Company must be authorized to transact business in the State of Colorado and be acooptable to the Owner. Page 2 of 2 Fort of Streets STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 15 of 50 Legend 21115 projects Adjacent 2015 projects 2015 Projects = City Umlts 11111111111111111Sudace treatment Surface treatment Surfaw treatment '= Schools Overlay - - - Overlay HIP 1 Reconstuct --- Reconstruct • • - Overlay �='Conc PML Repair Conc. Pvmt Repair • - Reconstruct Conc. Pvmt, Repair .anbou )r APPot0n C7 V a°A 0 a'e G\ a „ � m c � m $ 3 � 4 Rochdale Ct h e tl Bison PA Stockbury Dr Whitworth Or Slonehaven Or CaPe 1a 1 m Soulryf� o Cape n Or Suns a Way Cape a mmc ;3 Qoj-..o Cape m mm D U POL 7ppp�lly W L 1p m 'E 2U There is coordination information associated with English Ranch a a U Revised Apni IS, 2015 Nj� W+E Ca"Won Ct r J Eastgate Ln Michelle Ln �U u Chadie Ln Redbum Or Cape Cape b � m m `m U m Mesa Verde St N g£ �° U ,yz Glb Zion Ct C^! vm Pot Grand Teton Pfrj Hidden Pond Or 0 1,000 Feet En lish Ranch I I I g Fort of Stteess STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 17 of 50 Legend 2015 projects Adjacent 2015 projects 2016 Projects City Limits Surface treatment Surface treatment Surface treatment :�T.� Schools Overlay - Overlay HIP 411111111110Reconstruct — - Remnstruct Overlay -- Conc PvmL Repair Cone Pvmt- Repair Reconstruct Conc Pvmt. Repair Brock Or At K W Harsetooth Rd Fforsamcth central e g � } 9 Horserooth C, Revised April 16 2015 N W+e 5 Riva Ct rd9e G_ Or co A tforsctooth central �� N U pT 3 } r° b Haven Or Walden`NaY Dennison Cape Ct m cep " g �c U uq Dennison Ave m U r_ a y Im Fog Seal un Butte Pass Or �u o� g Nj'Sr�h i Qyo� pp� G KtertwftLn 1 2� Y � U v Great Plasm Ct G N INTro r�l o "�an Pkwy m U S n LL U r$ m E Q4 5 5 5 m N y fla6mn Ct rj v Bear e`FS Creek Or Albion Way S o L r Div/Sbvry CE Ic rn c O m4 Guillemord sec St U o i, Feet I i j Four Seasons Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 18 of 50 Legend 2015 projects Adjacent 2015 projects 2016 Projects City Limits �Surlax treatment Surface treatment Surface treatment _ ' Schools e111111111DOverlay Overlay HIP a Remrlstruct Reconstruct ...Overlay Conc Pvmt. Repa r Conc Pvmt Repair • - , Reconstruct Conc. Pvmt Repair AN W+ L S Revised Apnl 16 2015 C c o Bmwnstone Ct m Cochetopa Ct y Blackstone Ct Blackstone Dr 'Ike G G Stone Ridge Stone Ridge ar5 m o N M a o v Z z iz East Florsetooth East Hasefoofh F f'fOrSBi00fh Rd ........... .a.a aaa.a•...a..aa ...a aaa a��.•aa....•......a......a...a..a.....asaa as ............. 8 S u 5 p Cry Rd o` 8 U` talon Cl m O QQry C Y (tiff Ne" 9a� Ct o` a ^\ Q F * Rochdale Ct 550" ftd Cape Stockbury Dr Whitworth Dr 0 500 Feet I , Fox Meadows Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 22 of 50 Legend 2015 projects Adjacent 2015 projects 2016 Protects - City Limits Surface treatment Surface treatment Surface treatment Schools �Oveday Overlay HIP 411l1111111Rewnstruct -- Reconstruct . • . Overlay oConc PvmL Repair Conc Pvmt Repair • • + Reconstruct Conc Pvmt. Repair There is coordination information associated with Horsetooth west s 3'� �r w Horselooth Rd Cape W Horsetooth Rd U G V m U Platte PI Cape 0g a Powell PI ?n D m m �5 E J8 C e m Baxter Pl Silver S Oaks Or G- N Silver Trails Or U Three O Oaks Ct x _. ,Z r1 N Cape Cape Wyoming Iowa t] Illinois c m O Michigan Ohio m Indiana Pinto Ln Mustang Ln Stallion Clr Colt Clr Horseloom Or Revised April 16, 2015 Newcastle Ct Lindsey Ct Bronson St Kent Ct Churchill C! i a Z ti 17 �° erlat Ot m 11nP z i Wbstri" or 0 1,000 Feet I 1 Horsetooth west Fort Collins �J Street - STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 24 of 50 Legend 2015 projects Adjacent 2015 projects 201E Projects City Limits Surface treatment Surface treatment - Surface treatment :L2; Schools Overlay --- Overlay HIP �Rewnsimct _ — Reconstruct e b ° Overlay ,%—,Conc Pvmt. Repa r Con P=L Repair • Reconstruct Conic Pvmt- Repair N W+F. S Revised April 15 2015 3 0 7 3 I$ c c $ o � � a W M yrtl a St E Myrtle Area e e. e e e Y•. Yleee Y e t a ... m e b. ae b ms b. E Myrtle h There is coordination information associated � with Laurel 9 s 'E E � u c C E rn ra /a C �I Q h W Laurel St cape EO E Laurel St E Laurel St cape Cape o a S i z E Plum Sl 00 rzv Q K i� Lacuat i 0 500 Feet Laurel 1 City of �,`treetsrt CollinsCY STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 27 of 50 Legend 2015 projects Adjacent 2015 projects 2016 Projects :_- City umgs Surface treatment Surface treatment Surface treatment ® Schools �OveHay - Overlay HIP VNINEIReconshuct - -- Reconstruct • • • Overlay Conic Pvmt. Repair Conic Pvmt Repair • Reconstruct Cones Pvmt. Repair Falcon Dr Gv\ tQ 9-0�� N W+F S Revised April 16, 2015 llinnison Dr rvvrrau a,r jar Chip Seat D le Chip Seal h r m .jCV( O V c evonshtre Or Lb a 8 Primrose Dr U c DXle Chip Seat c Sir J i Derby Ct b There is coordination = information associated ro with Moffett Area y Newcullect Saver Oaks Dr a o 6 O (Jr, .s>c Lindsey Cl rn Silver Trails Dr Bronson St sFeet I I Moffett Area F�ortCollinsStreets ` STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Legend 2015 projects Adjacent 2015 projects 2015 Projects city LMlits 4111111111111111Surlace tmatment Surface treatment Surface treatment :11_ Schools e11111111111100vertay .. — Overlay HIP 411111111iiieioReconstruct — Reconstruct • • • Overlay d=MCooc Pvml Repa r Canc Pvmt Repair � _ - Reconstruct Conc Pvml. Repair N W+F SS Map 33 of 50 Revised April 15. 2015 o si Feet Richmond Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 37 of 50 Legend 2015 projects Adjacent 2015 Projects 2016 Projects Cny Limits �Surface treatment Surface treatment Surface treatment 7.�. Schools �Oveday - - Overlay HIP r Re nstmct - Reconstruct - • o Overlay z=>Conc PvmL Repair Conc Pvmt Repair Reconstruct Conc Pvmt. Repair Revised April 16 2015 i t 2m =m Crestridge St 3 N < Q m U Chip W.iky Way 4 C U y U o �, n W Saturn Dr � a z r G Crii4. �o Chip �ar�.ay St 4` i i n G Chip W Skyway Or O 7a 0 H C O O U h'9y 4e 0 500 Feet t t Skyview North Fort of ` Streets STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 50 of 50 Legend 2015 projects Adjacent 2015 projects 2016 Projects City Limits Surface treatmenl Surface treatment - Surface treatment rT%. Schools Overlay — - Overlay HIP Reconstruct — Reconstruct _ Overlay - Conc PvmL Repair Conc PvmL Repair _ > = Reconstruct Conc. Pvmt Repair S Capitol Dr crescent Or m J C7 O Lookout Ln Z 0 � o A f a r M,,asays++ U, 0 m s Meadcwview Cl NN W+E SS C9DB Caf)nr .. Revised April 16, 2015 U SilverAar R e u m tQ _ There is coordination s information associated b with Woodridge 2 0 500 Feet Woodridge 2 1 1 PHASE 2 PAYMENT BOND Bond No. 58725748 KNOW ALL BY THESE PRESENTS: that (Firm) A-1 Chipseal Company (Address) 2001 West 64th Lane, Denver, CO 80221 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as "the Principal," and (Firm) Western Surety Company (Address) 333 S Wabash Ave Chicago IL 60604 hereinafter rcfcacd to as "the Surety," are held and firmly bound unto the City of Fort Collins, 300 West LaPorte Avenue, Post Office Box 580, Fort Collins, Colorado 80522, a Municipal Corporation, hereinafter referred to as "the Owner," in the penal sum of $1,936,793,56 One Million Nine Hundred Thirty Six Thousand Seven Hundred Ninety Three Dollars and 56/100 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas rho Principal entered into a certain Contract Agreement with the Owner, dated the 6th day of May , 2015 , a copy of which is hereto attached and make a part hereof for the performance of City of FortCollins Project, 7417 Asphalt Surface Treatment Project - 2015 Renewal NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract Agreement, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Construction Agreement or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Page 1 of 2 Fort Collins Streets Legend 2015 projects ®Surface treatment Overlay aIIIIIIIIIIIIIIRewnstruct r=- Conc. Pvmt Repair Adjacent 2015 projecta Surface treatment Overtay ----- Reconstruct Conc Pvmt Repair 2015 Frojects Surface treatment HIP • ' Overlay 7 ° Reconstmct Coro Pvmt Repair STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 6 of 50 City Limits schools Revised April la. 2015 There is coordination 0 1 information associated ��.ApQwith Academy Ct b 1 0 _ t Mx*aye st o E_ ti n � eakAva I i 1 1 Prospect Rd l- -.. r •rrr rrr••rrr •rrrr rrrr a rrrrr •r •r •rrr roar wart ..._.«.__.._... ... Prospect a Q Q S m� e 0 50 I I0 Feet Academy Ct 3 m / m C P ffi � � v m r � n $ O � � D D c `o m C 2nd SI cape < p a m I Cape 3rd St 0 Ceps Cape CaF— SecA i Vk Ctrc�e� �.-& afQo\ 191 7 O� �p (D 'r— m N N X m m A 0 cn 0 0 -n m m F. ■ 19 • ' • Pearl St JamNh PI i t t� ■ • u ro 4 a P 2 y N Grant Ave Hanna St ct b c 9 'D �^^ 2 0 o a m v M m R A 'rr O 3r m n cn O s` CD Cl A(�N a R 3'" p G m m 3 a z N � oM Z D Z mm TV N O ci A cD D 3 g CO O a O . * cn v n o CSl r. U o w �. Forof ollins streets STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 10 of 50 Legend 2015 projects AdJec•nt 2015 projects 2016 Projects _ _� City L4ntts —.'z rfaee tr"wWrl Surface treatment Surface treatment 22j Schools MINoverfay — overlay - HIP aaat•Reconstruct -- Reconstruct • • • overfay •`Cone Pvmt. Repair Cone Pvmt. Repair • • • Reconstruct Canc Pvmt, Repair N W+E �rV SS Revised April 16. 2015 W Mt merry St e •9 .a •y �e Ave SunsetAve • rile. /e e.. a.....7 Mang • p/ Cape Cape Cape W Myrtle St �y • �f t Ave m e A5art2 P1 . + a Cape ; °7 m • U �C poses. Ya.sa.ee. Lakeside .2 Cape Cape Cape a� oe z. o• ON g O C v W Laurel St Cape Cape 8•ystam Or There is coordination r information associated with W Plum St W Plun St City Park Heights o 500 Feet I j City Park Heights 2 �F�ort Collins w Streets STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Legend 2015 projects Adjacent 2015 projects 2016 Projects City Limits Surface treatment Surface treatment - Surface treatment 1,71 Schools diirOveday — Overlay HIP 41111111111111lReconstruct ---- Reconstruct > _ = Overlay --Come P=L Repair Cone PvmL Repair Reconstruct Cone. Pvmt. Repair Map 16 of 50 Revised April 15. 2015 1 i H b{ r y co Cape EvenslarCt Capa Centre Ave -------- Centre Ave ; a sFeet I I Evenstar Ct /Fort of y Streets STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 20 of 50 Legend 2015 Projects Adjacent 2015 projects 2016 Projects City UmAs �Surface treatment Surface treatment Surface treatment is Schools �Overtay — Overlay HIP 'r—Reconstruct — Reconstruct • • • Overay - -- •Conc Pvmt. Repair Conc PML Repair ^ Reconstruct Corc. Pvmt. Repair Revised April 18, 2015 :q` " • or - c Evergreen Ct a w e S J m Evergreen a D W Prospect Rd or J Uo O ar m 5 a Holly P t v o a C U z coop 5dm C.4.,UY t = PI in Holly St N 2 '•O c ` Rutledge deston Ct Fairbnooke Ct C �d Z ads g Dr lcr,9worth Rd Sumac St S �Of Ot It ,Hotpn911o`tTTO N Or �2 Zirkels Ct r%"S Su¢dk St : 1 F Ram, Ln Rawahs Shropshire Kingsborvugh Dr P _ Wa�ade Ross rt way Ave pOt- n -9 There is coordination ° R Peaks PI Q Ct n R �yegyY information associated t r Q 4�ney to q with Hampshire Area R °o Stir �D mQ 'e/��eBrO,• 5�P C7 WS�a�Sr 8 Rom o i d �. e 4 O� pOG :? s O €' apes •per POI. o *01 Manna Cl o Ned Ct Or Ba Cd° � name Cl Q a Mc..gan Ct p0L i�' D She C S� m Clydesdale Ct GaPe O 9 Cydesdale Or ai9n� ta�5 w 4 Pipeslorte F Ky � o`a °k # o hlanc ester Or Ct y 7 m Or Scarborou t 6 e`6ep o $ G y O E Valley Sceap Ct c Sep _ Forge Cy Pampas Cr -lam r dole° ° v°` 0 a: Stanley Ct e 65 y Valley n 0 ci 0` m Forge Ave t- : E d PamsC �ince Ct � n o .>` C Shefl U ZQ D `L Ck F. Bluegrass Or _ c Hampshire Sq G` Mount g a* p0t. �dp is � Royal Ct @ 2 C7 hire Ct .ko = U Z Lodi Hampshire a W Drake Rd m Featherstar Water JFoxGarrett� n o 8 Run Ct Way Blossom Ln or Secmmb St NAllow Fern Witty 0 1. Feet I I Hampshire Area Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 23 of 50 Legend 2015 projects Adjacent 2015 projects 2010 Projects City Limits ®Surram treatment Surface treatment Sur'ace treatment -7 , Schools Overlay -- — Overlay HIP �Reconstvct -- - Reconstruct = _ > Overlay ---- Conc Pvmt Repair Coric Pvmt. Repair = _ Reconstruct Conc Pvmt. Repair e. 1 E Trilby Rd E Trilby Rd Kechter Rd N AA w +E �rSS J D! Long creek Or Q. Q. ` U to Muskrat I Creek Dr There is coordination information associated with Lady Moon ci g Shallow p Pond Or Twin Wash Sol Cape `e�Bsro F 4i Ct � Shd�b Yp O17 OQr � Cape mm!ompo Kinpfsher Ct Revised April 16. 2015 C6 rs. a°Mgor U low Or 330�i Sp'�Or C� y <oSr�a�e R V 5� 0 500 Feet I Lady Moon Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 29 of 50 Legend 2015 pmjech Adjacent 2015 projects 2016 Pr0Jxt3 City Limits Surface treatment Surfam treatment - - - Surface treatment ...:: schools Overlay -- — Overlay HIP �Reconstruct Reconstntxt • • Overlay -----=Conc Pvmt. Repair Conc PvmI- Repair • • Reconstruct Conc Pvmt. Repair St Solstice Ln Yye\ch5 Avery Ct Commanche Or y9 4 to Q m e X"`((( 3 Dartmouth Trl N4j��Dl Osprey Ct Dartmouth Cw." C*"Mbya Rd 2 qo?W/i C45w POL heaths S rn ldrkwood Dr There is coordination information associated with Parkwood eO�on "WoDr PO4 o` 0 2 POL d 0 N k'+ E S Cape Stonehenge Dr J tL a Rain Cape a O 4 Revised April 16, 2015 7ra4tiOd II Dr l y� Ao 0 C1 Ea O< l� Cl sad o� w Ln POL n, Rollingw000 Ln t7 N E Drake Rd b w t 0 � 7 I I � i, Feet t Parkwood Fort Collins Streets Legend 2015 projects —Sudace treatment �Ovedey �Recanstruci sw==Conc. Pvmt Repair STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 32 of 50 Adjacent 2015 projects 2016 Projects -. city Umds - Sudarx treatment w o • Surface treatment 7I schools �.. --- Overlay HIP — Reconstnrct • • r Overlay Cone PvmL Repair • • r Reconstruct Cone. PvmL Repair WAt,yrreAe t7� 3 oe° %'Mulberry St 2 J 0) N 1t2 tz W Laurel St e e pect we WProspedRd •... ....,...Pr ........� ....�... ProspeetEstatos; V m W 9 `A a Prospect . c Esfates t � Revised April Se. 2015 N W+E SS E Mulberry St ? • r 6 • � i a E Myrtle Area • • y e . •r+•�e+ee et+++ee now ice •.• •. eeVeer u� j+ • m rs E La0t11[i4/.�z7�2 : • a a • ILI EPIUM l +•... eereeree 0 M E Pilkin St �j. There is coordination information associated with Remington . r Prospect ...... E Prosper_.. ................... E Stuart St 0 0 3,000 Feet I I I 1 1 1 1 Remington Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 35 of 50 Legend 2015 projecta Adjacent 2015 projects 2016 Projects City Liman aMSurface treatment Surface treatment Surface treatment '.,V, Schools 4111111111111100vedey --- Overlay HIP e��Rer�nstruct --- Reconstruct ^ • • Overlay +Conc. Pm', Repair Conc PvmL Repair Reconstruct Conc Pvmt. Repair 1 Prmcalon Rd N `m N Del Clair Rd C CT tEE in Queens Cl d in r e i 1C0 U Recon E Drake Rd NN U+ E S There is coordination information associated with Scotch Pines 1 c, u U �c Recon � U L QA " St C m U U R —hart Or m � O O l_Oa q econ E 4 Alexander Ct Soudrmoor Southmaor Village Vllage Oxford Ln Sount rAw Dr $OYdifIIOOf VHfape G �r.af aIL fF aC� d �C f•fa a•f _,r�ua,`.'� t' raw a �7 v s •°f O fas try v �i fev Q Q a•a • C Fr Q E m J :r Revised ApH 18, 2015 Ln O rx: b Centennial w Centennial Rd Rd 0 1,000 Feet 1 1 Scotch Pines 1 IN WITNESS WIIEREOF, this instrument is executed in three counterparts, each one of which shall be deemed an original, this 15th day of May I 2n15 - IN PRESENCE F: Stephanie Wallis, Corporate Secretary (CORPORATE SEAL) IN PRESENCE OF: I,N RESEN OF: Witness (SURETY SEAL):s:s8 Daniel J. Grvzmala President (Mile) 2001 West 64th Lane Denver CO 80221 () By: By: By: ��� � •1'J.2F Surety Western Surely Company O Karen A. Feggestad 333 S. Wabash Ave. (Auddgn) Chicago IL 60604 NOTE: Date of Bond must not be prior to date of Contract Agreement If Conhacoor is Partnership, all partners should execute Bond. IMPORTANT: Surety Company trust be authorized to transact business in the Sate of Colorado and be acceptable to the Owner. MEMBER MOODY INSURANCE AGENCY, INC. ® 8055 East Tufts Avenue, Suite 1000 DENVER, COLORADO 80237 ,mg PHONE: (303) 824.6600 Page 2 of 2 /"Fort Collins ` Stree^� STREET MAINTENANCE PROGRAM (SMP) 2015 Maintenance Projects Map 36 of 50 Legend 2015 projects Adjacent 2015 projects, 2016 proJecta City Um-ts �5urtace treatment Surface Ieatment Surface treatment V.1- Schools e!•tttiiiii3Overlay -- Overlay HIP e!•Reccnstruct - Reconstruct - . e Overlay --Conc Pvmt Repair Conc PvmL Repair Reconstruct Conc PvmL Repair ♦a aa•..... a••'�1e4a1 F� Hudson Gt `a Gape' + e • a., S"�'jWtOr rraar a. •• a Sllenandbah West . �. e ya AT�1 Prichett Ct tY a a a a a " �! rj1t9 Wengrst ...... s a., 0...•''a a i A k" 0 r � a POL v1mY m n G1 0. v U n In Ct pflL Cape Cape a Gap° Triangle Or 6 Em LO y N jA W+E �rSS Revised April 16 2015 u 5Feet I I Shenandoah 2 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 Possible Pollutants construction includes, but is not limited to buildings, structures, 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 For More Information Name Address City, State Phone Street, Curb, and Gutter Replacement and Construction Description e-mail Procedures involving the replacement and Possible Pollutants construction of streets, curbs, and gutters have the Fine-grained sediment potential to impact stormwater quality. Materials Organics involved in these activities should be used efficiently Oil and disposed of properly. Saw -cut slurry When services are contracted, this written procedure Trash should be provided to the contractor so they have the Good Housekeeping proper operational procedures. In addition, the Dumpster/Waste Management contract should specify that the contractor is responsible for abiding by all applicable municipal, Employee/Contractor Training state, and federal codes, laws, and regulations. Proper cleanup and disposal procedures Procedures Dry cleaning methods General Related Procedures Obtain all applicable federal, state, and local Spill Prevention and Response permits for construction projects. Street Sweeping The Colorado Stormwater Construction Street Sweeper Cleaning and General permit applies to construction sites Waste disturbing one acre or more, or less than one Street, Curb and Gutter acre but part of a larger common plan of Maintenance development. ■ A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. • Applicable sediment and erosion controls 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 Skill 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. Street, Curb, and Gutter For More Information Name Maintenance Address Description City, State Phone Street, curb, and gutter activities include concrete and asphalt installation, maintenance, repair, and e-mail replacement; bridge maintenance; and painting and Possible Pollutants striping. Procedures involving the maintenance of Fine-grained sediment streets, curbs, and gutters have the potential to impact Organics stormwater quality. Materials involved in these Oil activities should be used efficiently and disposed of Saw -cut slurry properly. Trash When services are contracted, this written procedure Good Housekeeping should be provided to the contractor so they have the Dumpster/Waste Management proper operational procedures. In addition, the Employee/Contractor Training contract should specify that the contractor is responsible for abiding by all applicable municipal, Proper cleanup and disposal procedures state, and federal codes, laws, and regulations. Dry cleaning methods Procedures Related Procedures General Spill Prevention and Response • Protect storm drain inlets and drains with curb Street Sweeping socks, rock berms, inlet protection, or drain Street Sweeper Cleaning and covers/mats prior to any maintenance activity. Waste • When saw cutting ensure that no slurry enters the storm drain, let the slurry dry, sweep it up, and properly dispose of the sweepings. • Do not perform concrete or asphalt patch work during wet conditions whenever possible. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Monitor equipment for leaks and use drip pans as necessary. • Sweep or vacuum the roadway once maintenance activities are complete. 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. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its priocipa! office in the City of Sioux Falls. and State of South Dakota, and that it does by virtu of the signature and seal herein affixed hereby make. constinsc and appoint Karen A. Feggestad , Individually Of Denver, CO its true and lawful Adorney(O-m-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - Surety Bold No.: 58725748 Principal: A-1 Chipseal Company Obligee: City of Fort Collins and to bind it thereby as fully and to the sine extent as if such instruments were signed by a duly authorinxl offa:er of the curporatiun and all the atns of said Attomry, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this IOrhday of August, 2012. -^ WESTERN SURETY COMPANY Mu 01 APauI T. Brutlal, Vice President State of South Dakota ss County ofMinnehaha On this I Orb day of August, 2012, before me personally came Paul T. Bruflm, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it wvs so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires i J. MOI tti * _UBLIC June21,2015 { y, SOUTH AKOTA }# 9OUTM nAxlrA • »,. ..w .....� if J. Mohr, Notary Public CERTQ7GATE 1, L. Nelson, Assistant Secretary of WF.STF.RN SURETY COMPANY do hereby certify that the Power of Attorney hereinabuve sat forth is still in force, and further certify that the By-law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 15th day of _ _ May 2015 +""—`r- * WESTERN SURETY COMPANY (.`?'o vo i WiV L. Nelson. AsFislani Secretary Form F4280-7--2012 Spill Prevention and For More Information Name Response Address City, State Description Phone Due to the type of work and the materials involved, many e-mail activities that occur either at a municipal facility or as part of municipal operations have the potential for accidental Possible Pollutants spills. Some municipal facilities operate under Spill Chemicals Prevention Control and Countermeasures (SPCC) plans Toxics that include procedures for spill response. Proper spill Oil response planning and preparation enables employees and Paint contractors to effectively respond to problems and Fuel minimize the discharge of pollutants to the storm sewer Good Housekeeping system. Waste Management When services are contracted, this written procedure should be provided to the contractor so they have the Employee/Contractor Training proper operational procedures. In addition, the contract Proper cleanup and disposal should specify that the contractor is responsible for procedures abiding by all applicable municipal, state, and federal Related Procedures codes, laws, and regulations. Fertilizer, Pesticide, and Herbicide Application Procedures Heavy Equipment and Vehicle Spill Prevention Maintenance • Keep work areas neat and well organized. Material Storage • Maintain a Material Safety Data Sheet (MSDS) for Materials Management each hazardous chemical. Follow the Outdoor Outdoor vehicle Maintenance Material Storage procedures. Vehicle Fueling Provide tight fitting lids for all containers. Keep containers clearly labeled. Labels should provide name and type of substance, stock number, expiration date, health hazards, handling suggestions, and first aid information. Store containers, drums, and bags away from direct traffic routes to prevent accidental spills. Inspect storage containers regularly for signs of leaking or deterioration. • Replace or repair leaking storage containers. • Use care to avoid spills when transferring materials from one container to another. Page 1 of 4 • Use powered equipment or get assistance when moving materials to and from a storage area. Use care to prevent puncturing containers with the equipment. • Do not wash down or hose down any outdoor work areas or trash/waste container storage areas except where wash water is captured and discharged into the sanitary sewer (if approved). • Conduct periodic inspections to ensure that materials and equipment are being handled, disposed/recycled, and stored correctly. • Provide adequate spill kits or lockers with sufficient equipment and supplies necessary for each work area where the potential for spills or leaks exists. • Inspect each spill kit or locker regularly and after each spill response. Replace any spent supplies or repair any equipment that is worn or not suitable for service. • Stock adequate personal protective equipment. Spill Response Safety Consider safety at all times. Anticipate and avoid all likely hazards. Never approach, contact, or sample an unknown substance. If a highly toxic or flammable substance is discovered, staff should leave the immediate area and contact the appropriate identified response authority, such as the fire department. If there is any question about a substance, contact the appropriate identified response authority or other designated representative. Procedures Stop the leading edge of the spill. Block or divert the spill to avoid discharge to the storm sewer system and to minimize the area requiring cleanup. • Determine the source of the spill and stop the spill at its source by closing a valve, plugging a leak, or setting a container upright. Transfer material from a damaged container. • Identify the material and volume spilled. Contact the appropriate identified response authority or other designated representative if you cannot identify the material and its properties. • Refer to the MSDS to determine appropriate personal protective equipment, such as gloves and safety glasses and appropriate cleanup methods. • Clean up spills immediately to prevent spreading of wastes by wind, rain, and vehicle traffic and potential safety hazards. • Use sand absorbents or socks, pillows, or pads to quickly capture spilled liquid and properly dispose of all clean-up materials. Use dry clean-up methods only. • Complete all necessary reports. 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 stone drain, or onto a parking lot or roadway as part of a storm sewer leading to surface water, is reportable. However, if the material can be contained and cleaned within the storm sewer system to the degree that a subsequent flow in the storm sewer will not flush the substance to waters of the State, it may not need to be reported. • Contact the appropriate identified response authority within the municipality or other designated representative and be prepared to provide details needed to report the spill to the necessary agencies. • Detailed spill reporting guidance can be found at http:/ /www.cdphe.state.co.us/op/wgcc/Resources/Guidance/spillguidance.pdf and h!W://www.cdphe.state.co.us/hm/sl2illsandreleases.htm Employee Training Train applicable employees who perform spill prevention and response on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform spill prevention and response activities. Records The following records could be used to document activities performed: Records of any major spills and the action taken. • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Good Housekeeping, No Date. City of Centennial, Department of Public Works: Materials Management, No Date. City of Centennial, Department of Public Works: Spill Prevention and Control, No Date. City of Golden, Stormwater Quality Pollution Prevention Guide for Municipal Operations: Parks Department Golf Course, January 2004. City of Lafayette, Spill Clean Up, No Date. Colorado Department of Public Health and Environment, Environmental Spill Reporting, January 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMP: Spill Response and Prevention, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed July 5, 2009. Page 4 of 4 For More Information Utility and Storm Sewer Name Address System Maintenance City, State Phone Description This procedure addresses utility and storm sewer system e-mail maintenance. Utilities include power, sanitary sewer, Possible Pollutants water conveyance systems, and the storm sewer system. Sediment Power includes electrical and gas utilities. Maintenance Nutrients of power may require excavation and reinstallation of Metals lines including open cut trenching or directional boring Hydrocarbons in landscaped areas or street right of way. Electrical and Trash gas line maintenance ensures services are provided to Good Housekeeping businesses and households without interruption. Waste Management The sanitary sewer system is cleaned as part of routine Employee/Contractor Training maintenance and on an emergency basis. Without proper maintenance, sanitary sewer back-ups and Proper Cleanup and Disposal 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 Maintenance Water conveyance systems are flushed and pressure y y Parks and Open Space tested as part of routine maintenance. Potable water Maintenance systems must be properly maintained to ensure delivery of water that meets State and Federal health standards. Spill Prevention and Response Failures result in water main breaks that can cause Street, Curb, and Gutter property damage including erosion. Replacement and Construction The storm sewer system is cleaned as part of routine Utilities and Storm Sewer maintenance and on an emergency basis in the event of System Replacement and flooding. Maintenance will remove pollutants and Construction ensure the system functions properly to avoid flooding. Vehicle Fueling Flooding, ponding, and uncontrolled sheet flow can result in property damage and increased soil erosion. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Page 1 of 4 Procedures General • Conduct routine inspection and maintenance on utility and storm sewer systems. • Where feasible, schedule maintenance activities during dry weather. • Monitor the jet/vacuum truck closely for leaks and use a drip pan as needed. • Wash and fuel the jet/vacuum truck per the Heavy Equipment/Vehicle Maintenance procedure. • Properly dispose of vac truck contents. • Stay alert for any signs of illicit discharges. This includes "dry weather' flows or pipes or hoses emptying directly into waterways or the storm sewer system. • Report any suspicious discharges or dumping to your supervisor. Electrical and Gas Utility Maintenance • To prevent sediment, mud and particles generated by power utility maintenance from entering the stormwater system implement inlet protection, perimeter control, street sweeping, vehicle tracking control, stockpile management and material management BMPs. • Restore landscaped or hardscaped areas promptly. Potable Water Line Flushing • Remove any debris from the gutter that could wash away with the water. If possible, sweep the flow line before flushing the line. • Direct the water so that it is not flowing over exposed soil areas in order to minimize erosion. Water Line Breaks Contain spoils by building berms or installing rock socks around the area of disturbance. • Dewater the excavation by using a vac truck. • Discharge high chlorine water to the sanitary sewer via the nearest manhole, to a water truck, through a dechlorinating diffuser, or other method of dechlorination. • Remove sediment from the street, curb, gutter and storm inlets as needed immediately following the repair. • Where needed, install a temporary patch or repave as soon as practicable following the repair. • If necessary, revegetate areas as soon as practicable following the repair. Sanitary Sewer Backup Clear line stoppage to prevent backup into house basements and manhole overflows. Page 2 of 4 Contain overflows by using emergency generator, pump and/or a vac truck to intercept flows. It may be necessary to construct additional containment. Clean up spills by washing and vacuuming the affected areas. Lime may need to be applied for disinfection of affected areas. Lime must be removed once disinfection is complete. Storm Sewer System Pipes, Catch Basins, Inlet and Outlet Structures, and Culverts Clean storm sewer system by manual cleaning or jetting the pipes using a jet/vacuum truck to remove the material. Do not temporarily store collected storm system cleaning debris adjacent to any surface water, storm drain inlet, or drainageway. Storm sewer system maintenance wastes may be either non -hazardous or hazardous. Solid non -hazardous waste may be disposed in a sanitary landfill or recycled. Liquid non -hazardous waste must be evaporated before disposing of it into the landfill or discharged to the sanitary sewer system with the approval of the local wastewater treatment plant. Hazardous waste, as defined under Colorado Hazardous Waste Regulations (6 CCR 1007-3), must be transported and disposed of at a permitted disposal or treatment facility. • Replace or maintain "no dumping' stencils or plaques as necessary. • Remove trash from trash racks and grated openings. Detention and Retention Ponds • Inspect the outlet works and remove trash or vegetation from the trash racks and grates. • Inspect side slopes of the pond for erosion and reestablish vegetation as needed. • Remove and service fountains and aerator motors as recommended. • Report any suspected water quality problems such as a change in growth or appearance of vegetation. • Report excessive sediment accumulation, standing water beyond the designed drain down time or damage requiring additional maintenance. Drainageways Drainageways include drainage channels, ditches, grass swales, and washes. • Inspect drainageways for erosion and repair if necessary. • Remove and properly dispose of trash and debris from the drainageways. Remove sediment which could impede flow in drainageways. • Leave an unmown buffer when mowing adjacent to drainageways to filter pollutants. Do not leave grass clippings in or next to the drainageway. Do not apply landscape chemicals in the buffer area. Page 3 of 4 Employee Training • Train applicable employees who perform utility and storm sewer system activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform utility and storm sewer system activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stormwater Drainage Maintenance Plan, February 2008. City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. Optional Additional Resources Municipal codes and ordinances that relate to utility or storm sewer system maintenance. Inspection and maintenance frequency plan for the storm sewer system. Specific instructions on how to operate applicable equipment. Instructions on how to track the amount of debris collected. Treated Water Discharge Plans for potable water maintenance. Page 4 of 4 Utility and Storm Sewer For More Information Name System Replacement and Address Construction City, State Phone e-mail Description This procedure covers utility and storm sewer system Possible Pollutants replacement and construction. Utilities include power, Sediment storm sewer, sanitary sewer, water conveyance systems. Chemicals When services are contracted, this written procedure Organics should be provided to the contractor so they have the Trash proper operational procedures. In addition, the contract Good Housekeeping should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal Waste Management codes, laws, and regulations. Employee/Contractor Training Proper Cleanup and Disposal Procedures Procedures General Related Procedures Obtain all applicable federal, state, and local Heavy Equipment and Vehicle permits for construction projects. Maintenance Parks and Open Space The Colorado Stormwater Construction Maintenance General permit applies to construction sites Spill Prevention and Response disturbing one acre or more, or less than one acre but part of a larger common plan of Street, Curb, and Gutter 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 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings. Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 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 Cityof Fort Collins Verification Originator Revised Approved Issued Initials Date LR 0ct.09 ss 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater Persons who will City staff who perform power washing, and their supervisor/manager. use this ESOP: A variety of City departments perform power washing. The employee Area of who power washes, and his/her supervisor/manager, will use the application: information in this SOP to guide their power washing, and supply purchasing, activities. Document I:\RGA Division\SOPs\ESOPs location: Revisions Rev. Date Description No. 001 002 Procedure Index 1.0 Purpose 2.0 Scope 3.0 Process 4.0 Training Requirements 5.0 References/Related Documents 6.0 Records Revision date: 10/19/2009 Page 1 of 3 City of Fort Collins Regulatory and Government Affairs Division FCity of 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. x If you add anything to the wash water (ie—a cleaning agent) or if you have questions about the content of your power washing wastewater, Revision date: Page 2 of 3 10/19/2009 City of Fort Collins Regulatory and Government Affairs Division City of I'-F11 r_L - 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: Page 3 of 3 10/19/2009 For More Information Vehicle Fueling Name Description Address Spills of gasoline and diesel fuel on the ground or on vehicles City, State during fueling can wash into a storm drain and cause water Phone pollution. e-mail When services are contracted, this written procedure should be Possible Pollutants provided to the contractor so they have the proper operational Metals procedures. In addition, the contract should specify that the Hydrocarbons contractor is responsible for abiding by all applicable municipal, Toxins state and federal codes, laws, and regulations. Good Housekeeping Procedures Drip pans General Secondary containment . Fuel vehicles at approved locations (municipal fueling Automatic shutoff nozzles station or offsite fueling station). Signs Provide spill kits near the municipal fueling location. Spill response plans Spill cleanup materials ■ If fuel is stored in an above -ground tank, store fuel in enclosed, covered tanks with secondary containment Dry cleanup methods e. concrete barrier or double -walled tanks). ( g Employee training All fuel tanks will be inspected per State and Federal Related Procedures regulations. Heavy Equipment/Vehicle Maintenance ■ Periodically inspect municipal fueling locations for the Outdoor Fleet Maintenance following: Spill Prevention and Response For above -ground tanks, inspect tank foundations, connections, coatings, tank walls, and piping systems. Look for corrosion, leaks, cracks, scratches, and other physical damage that may weaken the tank. ■ Check for spills and fuel tank overfills due to operator error. Clean up any leaks or drips. Clean up is not completed until the absorbent is swept up and disposed of properly. Report leaking vehicles to fleet maintenance. Page 1 of 3 Vehicle Fueling • Follow all posted warnings. • Ensure that the nozzle is properly inserted in the filler neck of the vehicle before dispensing any fuel. • Remain by the fill nozzle while fueling to ensure the nozzle stays in place. • Do not top off the tank of the vehicle once the nozzle has shut off the fuel. • Follow the procedures outlined in the Spill Prevention and Response Procedure to respond to any leaks or spills. • Clean fuel dispensing areas with absorbent material. • Never use water to clean up a spill. Mobile Fuel Truck Provide inlet protection (e.g., berms, weighted inlet covers) for nearby storm drain inlets when transferring fuel and fueling a vehicle. • Use secondary containment when transferring fuel from the tank truck to the fuel tank. All gas cans must be placed in the secondary containment box/pan and remain on the ground when fueling. Use a funnel to transfer fuel to vehicles and equipment. After the transfer is complete, the funnel should be dried with a rag or placed in a container to avoid dripping fuel on the ground. Employee Training • Train applicable employees who fuel vehicles on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who fuel vehicles. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle Fueling, August 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Fueling, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMPs: Municipal Vehicle Fueling, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed June 18, 2009. Page 2of3 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 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 thinners, etc.) include oil, antifreeze, brake fluid and cleaner, solvents, batteries and fuels. Antifreeze Brake fluid and brake pad dust When services are contracted, this written procedure should be Battery acid provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the Motor oil contractor is responsible for abiding by all applicable municipal, Fuel (gasoline, diesel, kerosene) state, and federal codes, laws, and regulations. Lubricating grease Good Housekeeping Procedures Maintenance activities should be performed inside a maintenance Drip pans building unless the equipment is too large to fit inside or Tarps temporary repairs need to be made before the equipment can be Covered outdoor storage areas moved to the maintenance building. Consult the Outdoor Fleet Secondary containment Maintenance procedure when it is necessary to perform repairs Proper disposal of used fluids outside of the facility (breakdowns, service calls, etc.). Spill cleanup materials Vehicle Storage Dry cleanup methods . Monitor vehicles and equipment closely for leaks and Employee training use drip pans as needed until repairs can be Related Procedures performed. Material Storage • When drip pans are used, check frequently to avoid overtopping and properly dispose of fluids. Outdoor Fleet Maintenance Spill Prevention and Response . Drain fluids from leaking or wrecked vehicles and Street Sweeper Cleaning and from motor parts as soon as possible. Dispose of fluids Waste properly. Vehicle Fueling Vehicle Washing Page 1 of 4 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/bay or taken to a commercial car wash. Employee Training • Train applicable employees who perform heavy equipment and vehicle maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform heavy equipment and vehicle maintenance. Records The following records could be used to document activities performed: • Record of any major spills and the action taken. • Records of employee training with sign -in sheet. • Heavy equipment and vehicle maintenance logs Page 3 of 4 r SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle and Equipment Storage SOP, August 2007. City of Centennial SOP: Vehicle Maintenance SOP, August 2007. City of Centennial SOP: Vehicle Washing SOP, August 2007. City of Golden. Fleet Maintenance Standard Operating Procedure, July 29, 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Maintenance Repair, March 2009. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Washing, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. Partners for a Clean Environment. Stormwater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. Optional Additional Resources Municipal codes and ordinances that relate to vehicle and equipment maintenance. Chemical purchasing policies. Loading and unloading bulk materials. Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance. Specific directions on how to use the municipality's vehicle wash area. Spill Prevention Control and Countermeasures Plan. Page 4 of 4 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 7417 Asphalt Surface Treatment Proiect — 2015 Renewal LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins CONTRACTOR: A-1 Chipseal Co. CONTRACT DATE: May 6, 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. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER DA REMARKS: AUTHORIZED REPRESENTATIVE OF ACoRa® CERTIFICATE OF LIABILITY INSURANCE 5/15/2015 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 CONTACT CathyBaker NAME: PHONE . (303) B24-6600 FAX N (303)370-0119 -MAILADDRESS.cathy.baker@moodyins.com INSURERS AFFORDING COVERAGE NAIC0 INSURERAPhoenix Insurance Company 5623 INSURED A-1 Chipseal Company Rocky Mountain Pavement, LLC 2001 West 64th Ln Denver CO 80221 INSURERB:Travelers Prop Cas CO of Amrca 25674 INSURERCPinnacol Assurance 41190 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 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 REDU CED BY PAID CLAIMS. IN$R LTR TYPE OF INSURANCEADDLSUBRI POLICY NUMBER POLICY EFF MM D POLICY EXP MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 300,000 X COMMERCIAL GENERAL LIABILITY A CLAIMS -MADE aOCCUR X DTC0019OP673PHX14 10/1/2014 0/1/2015 MED EXP(Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 dditional Insured Endt GEM- AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 hen required by contract X POLICY PRO LOC PGD246 08/05 attached $ AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X T8100190P673TIL14 10/1/2014 0/1/2015 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident) $ HIRED AUTOS NON -OWNED AUTOS MCS 90 Filing & Form F $ X UMBRELLA LIAR I XCLAIMS-MADE OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 B EXCESS LIAB X 10,00 DED RETENTION $ TSMCUP019OP673TIL14 0/1/2014 0/1/2015 C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YINDRY ANY PROPRIETOR/PARTNERIEXECUTIVE MFICERIMEMBER EXCLUDED? (Mandatory In NH) NIA 055760 10/1/2014 0/1/2015 X I WC STATU- I O7H- E.L. EACH ACCIDENT $ SOO OOO E.L. DISEASE - EA EMPLOYEE $ 500,000 If m describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: Asphalt Surface Treatment Project Renewal for BID NO. 7417 The City of Fort Collins is included as an Additional Insured with respect to General Liability as required by written contract, and Automobile Liability. City of Fort Collins 281 N College Ave Fort Collins, CO 80522 ACORD 25 (2010105) INS025 ,1n1m5) m 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 Baker/DONBRI (D1988-2010 ACORD CORPORATION. All rights reserved. Th. Ar'(1Gil nnmo and Inns xn rnnicfuruH mvlrc of 6r'r)Pn Policy Number: DTC00190P673PHX14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY i BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products -completed op - age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for "bodily injury". requiring insurance" specifically requires you "property damage" or "personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by ads or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured -. 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance" This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III — Limits Of Insurance. for such loss, and we will not share with that "other insurance". But the insurance provided to b) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance", prepare or approve. maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications: and notice as soon as practicable of an "occur- rence" or an offense which may result in a ii. Supervisory, inspection, architectural or claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. b) If a claim is made or "suit' is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of 'other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS. "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the 'bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 C08680 ,20 TO: A-1 Chipseal Co. Gentlemen: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE You are hereby notified that on the day of , 20 , the City of Fort Collins, Colorado, has accepted the Work completed by A-1 Chipseal Co. for the City of Fort Collins project, 7417 Asphalt Surface Treatment Project — 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 May 6, 2015. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: , 20 Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: A-1 Chipseal Co. (CONTRACTOR) PROJECT: 7417 Asphalt Surface Treatment Project — 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 labor and material bonds for the project. Signed this day of 20 CONTRACTOR: A-1 Chipseal Co. 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. Notary Public My Commission Expires: SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: A-1 Chipseal Co. PROJECT: 7417 Asphalt Surface Treatment Project CONTRACT DATE: May 6, 2015 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20 (Surety Company) in ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00300 BID FORM SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) A Dn NnT WRITF IN THIR RPACF 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): I Exempt organization 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 I construction start date completion date if 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: !I Date. DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS Fly* CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS Of TIIE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document arc 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 Or GENERAL CONDITIONS Page Article or Paragraph Number Number &Title DEFINITIONS ................................ I 1.1 Addenda J 1.2 Agreement ..........................................1 1.3 Application for Payment ....................... 1 1.4 Asbestos ........ 1 1.5 Bid ....... .....................1 ... 1.6 Bidding Documents ....... __. _ ... ....... 1 1.7 Bidding Requiremerils ..........................I 1.8 Bonds .................................................1 1.9 Change Order ... ..................... 1.10 Contract Documents 1.11 Contract Pries ..................................... 1 1.12 Contract Times........_..........................1 1.13 CONTRACTOR ............................. _J 1.14 defective .............................................1 1.13 Drawings ............. .............................. J 1.16 Effective Date of the Agreement .......... J 1.17 ENGINEER ........................................1 1.18 ENGINEERs Consubant, ..................... 1.19 Field Order .........................................1 1.20 General Requirements .......................... 2 121 Hazardous Waste 2 1.21a Laws and Regulations; Laws or Regulations......................................2 L21b Legal Holidays ....................................2 1.23 Liens ..................................................2 1.24 Milestone ......... ..................... .. __ ..... 1.25 Notice of Award ........ ................ ........ 2 1.26 Notice to Proceed ................................ 2 1.27 OWNER .............................................7 1.28 Partial Utilization ................................2 1.29 PCBs..................................................2 1.30 Petroleum ...........................................2 1.31 13rcjcct ................................................2 1.32.a Radioactive Material ........................... 1.32.b Regular Working Hours .......................7 1.33 Resident Project Reprcaentativc% ........... 2 1.34 Samples ..............................................2 1.35 Shop Drawings........._....._.................2 1.36 Specifications ...................................... 2 1.37 Subcontractor ..................................... 1.38 Substantial Completion ....................... 1.39 Supplementary ConditiorA ............ ....1.2 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 Procce4 .............. 1 2.4 Starting the Work ............................3 2.5-2.7 Before Starting Construction, CONTRACTORs Responsibility to Report; Preliminary Scheddes, Delivery of Certificates of Insurance., ................................ 34 2.8 PreconsLruction Conferencq ............. A 19 Initially Acceptable Schedule* .......... 4 CONTRACT DOCLIAENTS: INTENT, AMENDING, REUSE .... . .................................... 4 3,142 Intent .............................................4 3.3 Reference to Standards and Speci- fications of Technical Societies-, Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives.....................................5 15 Amending Contract DocunenLk ........ 5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Documents .........................5 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS. REFERENCE POINTS .........................................5 4.1 Availability of Lands ..................... 5-6 4.2 Subsurface and Physical Conditions 6 4.2.1 Reports and Drawings ......................0 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data 6 4,2.3 Notice 4i5��Mg Subsurface or Physical Conditions..................6 4.2.4 FNGTNFER!s Review ....................... 4,2_5 Possible Contract Documents Change.........................................6 42.6 Possible Price and Times Adjustments ............................... (,7 4.3 Physical Conditions -Underground Facilities ...................................... 7 4.3.1 Shown or Indicated .................. ....... 7 4.3.2 Not Shown or Indicated ....................7 4.4 Reference Points ............................. 3 EJCDC GENERAL comxnONS i9io-s (iggo minow) w/ CITY OF FORT COLUNS MODIFICAMNS (REV9/99) Article or Paragraph page Article or Paragraph Page Number & Title Number Number $ Title Number 4.5 Asbestos, PCBs, Petroleum, 6.25 Submittal Procecdures; CON - Hazardous Waste or TRACTOR'S Review Prior Radioactive Material., .................. 7-8 to Shop Drawing or Sample Submittal ....................................16 BONDS AND INSURANCE ................................. 8 6.26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER ...... 16-17 Bonds... . .......................................... 8 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Documents ........... 17 Insurance Certificates of .................... . 8 6.28 Related Work Performed Prior 5.4 CONTRACTOR's Liability to ENGINEER's Review and Insurance .......................................... Approval of Required 5.5 OWNER's Liability Insurance ............... Submittals ................................... 17 5.6 Property Insurance_....__................9-10 6.29 Continuing the Work ..................... 17 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTORs General tional Property Insurance ................. 10 Warranty and Guarantee,.............17 5.8 Notice of Cancellation Protision......... 10 6.31-6.33 Indemnification .........................17-18 5.9 CONTRACTOR'S Responsibility 6.34 Survival of Obligations ...................J8 for Deductible Amounts .................... 10 5.10 Other Special insurance...... I..............10 7. OTEERWORK................................................. is 5.11 Waiver of Rights, ............................... 11 7.1-7.3 Related Work at Site ....................... 18 5.12-5.13 Receipt and Application of 7.4 Coordination.................................18 Insurance Proceeds .....................10-11 5.14 Acceptance of Bonds and lnsa- 8. OWNER'S RF.SPONSMT1.dTIES .........................18 ante; Option to Replace..„...............11 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR.................................18 Insurance........................................11 8.2 Replacement of ENGINEER ,........... 18 8.3 Furnish Data andPay Promptly CONTRACTOR'S RESPONSIBILITIES ...............11 When Due ...................... ............ 18 6.1-6.2 Supervision and Superintendencq....... 11 8.4 Lands and Easements; Reports 6.3.6.5 Labor, Materials and Equipment.._ 11-12 and Tests ........... ..................... 18-19 6.6 Progress Schedule.. ............................ 12 8.5 Insurance............. I ............... ......... 19 6.7 Substitutes and. "Or -Equal" Items; 8.6 Change Ord:rs ............................... J9 CONTRFICTORs Fxpense; 8.7 Inspections, Tests and Substitute Construction Approvals...................................19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEFR's Evaluation 12-13 Terminate CONTRACTORs 6.8.6.I l Concerning Subcontractors, Services ........................... Suppliers and Others; 8.9 Limitations on OWNER'S Waiver of Rights ........................13-14 Responsibilities, ........................... 19 6.12 Patent Fes and Royalties...................14 8.10 Asbestos, PCBs, Petroleum, 6.13 Permits............................................14 Hazardous Waste or 6.14 Laws and Regulations ........................14 Radioactive Material .................... ig 6.15 Taxes...........................................14-15 8.11 Evidence of Financil 6.16 Use of Premises, ........................... .... 15 Arrangements ............................. 19 6.17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading.....................J5 9. ENGIlSIEERS STATUS DURING 6.19 Record Documents .............................15 CONSTRUCTION.. .......... .................................. 9 6.20 Safety and Protection. _..... _._..--- .... 15-16 9.1 OWNERS Representative ...............19 6.21 Safety Representative .........................16 9.2 Visits to Site .................................. 19 6.22 Hazard Communication Programs ...... 16 9.3 Project Representative ............... J9-21 6.23 Emergencies ................................... _ 16 9A Clarifications and Interpre- 6.24 Shop Drawings and Samples..............16 tations......................................... 1 9.5 Authorized Variations in VVxk........ 21 EJCDC.OENERAL CONDITIONS 1910•8 (1990 EDITION) vr/ CITY OF FORT COLLINS MODTFICATIONS (REV 91") Article or Paragraph Page Article or Paragraph Number & Title Number Number &Titic 9.6 Rejecting Defective Work ...................71 9.7-9.9 Shop Drawings, Change Orders and Payments ............................ __,21 9.10 Determinatims for Unit Prices...,,, 21-22 9.11-9.12 Decisions on Disputes; EN01- NEER as Initial Interpreter ..............22 9.13 Limitations on ENGINEERS Authority and Responsibilitie*.,...22-23 CHANGES IN THE WORK 23 10.1 OWNER's Ordered Change ................23 14. 10.2 Claim for Adjustment........................23 10.3 Work Not Required by Contract Documents 23 10.4 Change Orders .................................. 23 10.5 Notification of Surety .........................23 CHANGE OF CONTRACT PRICE 23 11.1-11.3 Contract Price. Claim for Adjustment; Value of the Work ........ ......... 23-24 11.4 Cost of the Work ..........................24.25 11.5 Exclusions to Cost of the Work .......... 25 11.6 CONTRACTORs Fee ..... ....... .......... 25 11.7 Cost Recorck ................................ 25-26 11.8 Cash Allowances ...............................26 11.9 Unit Price Work ................................26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment._..................... 26 12.2 Time of the Essence ..........................26 12.3 Delays Beyond CONTRACTORS Control ....................................... 6 27 12.4 Delays Beyond OWNER'S and CONTRACTORs Control ................ ;7 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECM,E WORK 27 13.1 Notice of Defects ...............................27 13.2 Access to the Work ............................27 13.3 Tests and Inspections; CONTRACTOR's Cooperation,,,,,,,,, 27 13.4 OWNERS Responsibilities, Independent Testing Laboratory,,,,,., 27 13.5 CONTRACTORs Responsibilities ...............................27 13.6-13.7 Covering Work Prior to Inspec- tion. Testing or Approval ...... ......... 27 13.8-13.9 Uncovering Work at ENGI- Page Number NEERs Request ..................... 27-28 13.10 OWNER May Stop the Work:,_...,_.. 28 13.11 Correction or Removal of Defective Work ...........................78 13.12 Correction Period, .......................... 78 13.13 Acceptance ofDefecfive Work. ........ 28 13.14 OWNER May Correct Defective Work ..... 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION .............................. 29 14.1 Schedule of Values .........................29 14.2 Application for Progress Payment ............................. ....... 29 14.3 CONTRACTORs Warranty of Title ........................................... 29 14*14.7 Review of Applications for Progress Payments ............. 14.8-14.9 Substantial Completion ..................30 14.10 Partial Utilization ................ __40-31 14.11 Final Inspection ........ ........ ...... 31 14.12 Final Application for Payment ........ 31 14,13-14.14 Fina I Payment and Acceptance ...... �31 14.15 Waiver of Claims ......... ............. 31-32 15. SUSPENSION OF WORK AND TERMINATION ............................................... 52 15.1 OWNER May Suspend Work .... ..... 32 15.2-15.4 OWNER May Terminate,,,,,,,,,,,,,,,, 32 15.5 CONTRACTOR May Stop Work or Term inatc. ................ 32-33 16. DISPUTE RESOLUTION ..................................33 17, MISCELLANEOUS,., .......................... __ ....... 33 17.1 Giving Notice ......................... ...... 33 17.2 Computation of Tim as .................... 33 17.3 Notice of Claim .............................33 17.4 Cumulative Remedies .................... �3 17.5 Professional Fees and Court Costs Included .............................33 17.6 Applicable State Laws ................ 3344 Intentionally left blank .......................................35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement,,,,,,,,,,,,,,,,,,,, GC -Al 16.1-16.6 Arbitration 16.7 Mediation ................. . ............ !3C-AI EXDC GENLRAL COMTIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9199) 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 defeefive Work ............................ 10A.1, 13.5,13.13 final payment .......................... ............... 9.IZ 14.15 insurance.........................................................5.14 other Work by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" ltem§. ..................... 0.7.1 Work by OWNER ..............................2.5, 6.30, 6.34 Access to the — Lands, OWNER and CONTRACTOR responsibilities ................ ............................. 4.1 site. related Work .... .......................................... 7.2 Work . ..........................................13.Z 13.14,14.9 Acts or Omissions--, Acts and Omissions— CONTRACTOR...................................6.9.1, 9.113 ENGINEER .............. ................. ....... .. 6.20, 9.13.3 OWNER ....................................................0.20,8.9 Addenda—delimition of (also see definition of Specifications) ...... kl-6.1.10,6.19). 1-1 Additional Property Insurance* ................................. 5.7 Adjustments — Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.52, .......... ....... 4.5_3, 9.4. 9.5. 10.2-10.4, progress schedule..........._-............._................6.6 Agreement-- dcfinition of ......................................................1.2 "All -Risk" Insurance. policy ficirm. .............. ........... .j,6.2 Allowances. Cash ....................................................11.8 Amending Contract Document4 ................................ 3.5 Amendment, Written -- in general ................J.10, 1.45, 3.5, 5.10, 5. 1 Z 6.6.2 .......................... 6-8-2. 6.19,10.1. 10,4,11.2 ...........I........................12.1, 13.12.2,14.7.2 Appeal, OWNER or CONTRACTOR intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment — definition of .......................................................J.3 ENGINEERs Responsibility ................................9.9 final paymant ................. 9. 114, 9-13.5, 14,12-14. 15 in general ................ ....... _2-9, 2.9,5.6.4, 9.10. 15.5 progresspaymenk ...................................... 14.1-14.7 review of ............................. ...... ............. 14.4-14.7 Arbitration ..................................................... 16.1-16.6 Asbestos — claims pursuant thereto .............. ............ 4-5.2,4.5.3 CONTRACTOR authanzDd to stop Work .......... 4.5.2 definition of .......................... ............................ 1.4 Article or Paragraph Number OWNER responsibility for .............................. 4.51. 8.10 possible price and times change,,,,,,,,,,,,,,,,,,,,,,, . 4.5,2 Authorized Variations in Work,,.,,,,,, �1.6.6.25, 6.27, 9-5 Availability of Lands .................. _ --------------------- 4-1.8.4 Award, Notice of—definect ...................................... 1.25 Before Starting Construction... ....................... ... 2.5-2.8 Bid —definition of ..... ........ _._ .... 1.5 (1.1, 1.10, 23,33, ......................... 4.2.6.4, 6.13,11.4-3,11.9.1) Bidding Documents —definition of Bidding Requirements—definiticri Of ................I........................ 1.7 (1.1. 4.2.6.2) Bonds — acceptance of. ............................ . ..... ____ ...... 5.14 additional bonds —..10.5,11.4.5.9 Cost of the Work ............................ ............... 11-5.4 definition of .......................................................1.8 delivery of ........ ........................... .............. 7-1,5.1 final Application for Payment ............. _14A2-14.14 general ......................................1.10, 5.1-5.3,5.13, ...... ... 11 ... ...... I .............. 9.13,10.5,14.7.6 Performance, Payment and OdW ............. _...5-1-5-2 Bonds and Insurance —in general 5 Builder's risk "all-risk' policy Cancellation provisions, Insurance.,,,,,,, 5.4.11,5.9, 5.15 Cash Allowances JL8 Certificate of Substantial Completion ........ 1.38,6.30.2.3, .................................................. 14.8.14.10 Certificates of Inspection ......... ......... 9.13.4.13.5,14.12 Certificates of Insurance ..............2.7. 5.3, 5.4.11. 5.4.13. ...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. 10.5, ]1.,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 Exclusions to..............................................11.5 Cost Records,..... ............................ ........... ... _JI.7 in general ............. J. 19, 1.44, 9.11, 10.4.2, 10.4.3. 11 Lump Sum Pricing ..........................................11.3.2 Notification of Surety,,,,,,,---„-,-„--, .. .... M5 Scope ot ............................. . .......... . ..... J0_1_10.4 Testing and Inspection, Uncovering the Work ............................. _139 EJCDC GIENEM COMMONS 1910-8 (1990 EDITION wt CITY OF FORT COLLINS MODWTCAIIONS (REV 9199) Unit Pricc Work 11.9 Article or Paragraph Number Value of Work..................................................]1.3 Change in Contract Times - Claim for times adjustment ,,,,,,-,4.1, 4.2.6, 4.5, 5.15, ............ 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5. 12.1, ........ 13.9, 13.13, 13.14. 14.7, 15.1. 15.5 ..... ti. Contractualme limit.5................... .......... ....... 12.2 Delays beyond CONTRACTOR's control........................................................12.3 Delays beyond OWNERs and CONfRACTOR's control............................12.4 Notification of surety........................................10.5 Scope of change ............................ ........... 10.3-10.4 Change Orders - Acceptance ofDefee6w Work ......... .......... -..... 13.13 Amending Contract Documenty ..........................3.5 Cash Allowances, ............................. _ ............. J1.8 Change of Contract Price.....................................I I Change of Contract Timek...................................12 Changes in the Work ......................................... O CONIRACTOR's fee........................................11.6 Cost of the Work ......................... ....._.......11.4-11.7 Cost Records...................................................11.7 definition of.......................................................1.9 emergencies., ................................................... 0.23 ENGINEERsresponsibility ... •.--9.8. 10.4, 11.2. 12.1 execution ci:..................................................... 10.4 Indemnificticq .........................012, 6.16, 6.31.6.33 Insurance, Bonds and.......................5.10, 5.13, 10.5 OWNER may terminate ..... ......................... 15.2-15.4 OWNER's Responsibility ............................. $.6, 10.4 Physical Conditions - Subsurface and.............................................4.2 Underground Facilities-: ............................ 4.3.2 Record Documents...........................................6.19 Scope of Change ... ............................ ........ 103-10.4 Substitutes ............................................. 6.7.3, 6.8.2 Unit Price Work...............................................11.9 value of Work, oovered by .......... ................... 11.3 Changes in the Work ........................... _................. 10 Notification of surety ........................................ 10.5 OWNER's and CONTRACTORs responsibilitica, ...........................................10.4 Right to an adjustment.....................................10.2 Scope of change.......................................10.3-10.4 Claims -- against CONTRACTOR...........................-.......6.16 against ENGINEER ......................................... 6.32 against OWNER.,. ............................................ 0.32 Change of Contract Price............................Q.4, 11.2 Change of Contract Times ...........................9.4, 12.1 CONTRACTOR's.............4, 7.1.9.4. 9.5, 9.11, 10,2, .......... ................. I LZ 11.9, 12.1, 13.9, 14.8, ..................................15.1. 15.5. 17.3 CONTItA(7fOR's Fee 11.6 Article or Paragraph Number CONTRACTOR's liability,,,-...... 5.4, 6.12, 6.16, 6.31 Cost of the Work ...................................... 11.4, 11.5 Decisions on Disputes..........................._9.11, 9.12 Dispute Resolution ............................................ j6.1 Dispute Resolution Agreement ................... 16.1-16.6 ENGINEER as initial imerpreW .......................9.11 Lump Sum Pricing.........................................11.3.2 Noticeof ..... ......................... ........................... 17.3 OWNER's....................9.4, 9.5, 9.11, 10.2, 11.2. 11.9 ........................12.1, 13.9, 13.13, 13.14, 17.3 OWNERS liability .............................................. 5.5 OWNER may refuse to make payment................14.7 Professional Fees and Court Costs Included...._._...._..............................._....17.5 request for formal decision oo ...........................9.11 Substitute Items.............................................6.7.1? Time Extension .................................................12.1 Time requirements .................................... 9.11, 12.1 Unit Price Work..............................................11.9.3 Valueof...........................................................1.1.3 Waiver of -.on Final Payment.................14.14, 14.15 Work Change Directive.....................................10.2 written notice requ re4......................9.11. 11.2. 12.1 Clarifications and Interpretations ........... ,3.6.3, 9.4, 9.11 CleanSite............................................................0,17 Codes of Technical Society, Organization or Association..................................................3.3.3 Commencement of Contract Times ..........................2.3 Communications-- general..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs ................. .... Completion - Final Application for Payment..........................14.12 Final Inspection ......... ....._........ ........... -....... -14.11 Final Payment and Acceptance ............... J4.13-14.14 Partial Utilization, ........ ........................... ...... j4.10 Substantial Completion ......................1.38. 14.8-14.9 Waiver of Claims............................................j4.15 Computation of Times ....................... ........ 17.11-17.2.2 Concerning Subcontractors, Suppliers and Others ......... I ............................. I.........6.S-b.11 Confcrcnces-- initially acceptable schedules..............................2.9 preconstructioq..................................................2.8 Conflict, Error, Ambiguity, Discrepartcy- 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.....................................6.2% 10.4 Contract Documents - Amending..........................................................3s Bonds...._.....................................................5.1 EXIX GENERAL CONDITIONS 1910.9 0990 MMON) W1 QTY OF FORT COLONS MODIRCATIONS (REV 91991 Cash Allowances, Article or Paragraph Number Change of Contract Pricq ................................... I I Change of Contract Times - .................. 12 Changes in the Work ................................ 10.4-10.5 checkand verily ................................................. 2.5 Clarifications and Interpretationk .........................3.2, 3.6.9.4, 9.11 definition of..._..........__ ... .........................130 ENGINEER as initial interpreter of ................... 9-11 ENGINEER as OWNER!s rcprcsentativG.............9.1 gencmI3 Insurance ...........................................................5.3 Intent........................................................ 3.1-3.4 minor variations in the Work ..... ........................ 3.6 OWNER's responsibility to furnish data..............83 OWNER'S responsibilitylo make prompt payment........_ .............. . 9-3, 14.4, 14.13 precedence ................................ ............... 3.1.3.3.3 Record Documents 6.19 Reference to Standards And Specifications of Technical Societies ...................................3.3 RelatedWork.....................................................7.2 Reporting and Resolving Discrepancies ........ :15,33 Rcuscor 33 Supplementing..................................................3.6 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 .............................. ............................ ) I Decision on Disputes........__ ...........................9.11 definition of .....................................................1.11 Contract Times -- adjustment of ............ . ............ 3.5.4.1. 9.4. 10.3.12 Change of ........... .................................... 12.1-12.4 Commencement oC. ............ 13 definition of 1.12 CONTRACTOR - Acceptance of Insurance ................................. Comm unications ..... ....... §.Z 6.9.2 Continue Work ........................................6.29, 10.4 coordination and scheduling ............................0.9.2 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,,,,,,,,,,,,,,,,,,,,,,, TZ 13-2 Safety and Protection .................... 4.3.1.2. 6.16. 6.18, ... ........ 6.21-6.23, 7.2, 13.2 ...and" Shop D"n"g' Sample pie Review Prior to Submittal 6.25 Stop Work requirements ..................................4.5.2 CONTRACTOR's-- Article or Paragraph Number Compensation ..................... I..................... 1.2 Continuing Obligation ................. ................... 14.15 Defective Work ............................... :9.0,13.10-13.14 Duty to correct defective Work .......................... J3.11 Duty to Report -- Changes in the Work caused by Emergency ............... ............................ 6.23 Defects in Work of Others, ............................. 7.3 Differing conditions ...................................4.2.3 Discrepancy in Documents ....... 2-5. 3.3.2. 6.14.2 Underground Facilities not indicated,,,__,,,,, 4.3.2 Emergencies ............................. ....................... 0.23 Equipment and Machinery Rental, Cost of the Work 11.4.5.3 Fee --Cost Plus - ............. ........... 11A5 6,11.5.1,11.6 General Warranty and Guarantee .......................630 Hazard Communication Programs .....................0.22 Indemnification ........................6.12 C 16. 6.31-6.33 Inspection of the Work ........................ __ 7.3,13.4 Labor. Materials and Equipment....................6.3.6.5 Laws and Regulations, Compliance by,_._,,,__.,. 6.14A Liability Insurance ..............................................5.4 ..................... 5.4 Notice of Intent to ............ P.10, 10.4 obligation to perform and complete theWork ....................................................0.30 Patent Fees and Royalties, paid for by,,,,,,,,,,,,,,,,, . 6.12 Performance and Other Bonds 5.1 Permits, obtained and paid for by.......................6.13 Progress Schedule ...........................?A 2.8.19. 66. ........................................6.29. 10.4.15.2.1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities— Changes in the Work. .................. ....... 1 .10.1 Concerning Subcontractors, Suppliers And Others .... 6.8-6.11 Continuing the Work .... ......... ........... 6.29.10-4 CONTRACTOIrs expense ...........................0.7.1 CONTRACTOlts General Warranty and Guarantee 6.30 CONTRACTORs review prior to Shop Drawing or Sample submittal................6.25 Coordination of Work................................6.9.2 Emergencies, ............................................... 6.23 ENGINEERs evaluation, Substitutes or "Or -Equal" Items ........ ...................6.7.3 For Acts and Omissions of Others 6.9_1-6.91, 9.13 for deductible amounts, insurance ................... 5.9 general ....... ................................ 6, 7.2. 7.3. 8.9 Hazardous Communication Programs..-----,-, 6.22 Indemnification 6.31-6.33 vil EJCDC GENERAL COMMONS 1910.8 (19" ED1110M wl CITY OF FORT COLLINS MODIFICATIONS (REV 9M) 2015 BID SCHE PHASE 1 QUANTITIES -TO BE COMPLETED BEGINNING OF JUNE 2015 ITEM NO DESCRIPTION UNIT 2015 CONTRACT QUANTITY 2015 UNIT PRICE 2015 EST. COST 105.01 SWEEPING- ALL STREET SURFACES EACH 2 $ 9,365.00 $ 18,73C.03 105.02 SWEEPING- ALL PARKING LOT SURFACES EACH 2 $ 1,100.00 $ 2,200.00 208.01 STORMWATER PROTECTION- WATTLE (supplied by City) LINEAL FOOT 1.500 $ 5.00 $ 7,500.00 208.02 STORMWATER PROTECTION- WATTLE (NEW supplied by Contractor) LINEAL. FOOT 300 $ 18.75 $ 5,625.00 208.03 Fabric and Wattle Inlet Protection (supplied by City, Fabric by Contractor) EACH 30 $ 100.00 $ 3,000,Op 208.04 Fabric and Wattle Inlet Protection (PEW supplied by Contractor) EACH 5 $ 140.00 $ 700.00 409.01 CHIP SEAL (ARTERIAL) SQUARE YARD 100 $ 2.94 $ 294.00 409.02 CHIP SEAL (COLLECTOR) SQUARE YARD 100 $ 2.92 $ 292.00 409.03 CHIP SEAL (RESIDENTIAL) SQUARE YARD 48705 $ 2.83 $ 137,835.15 409.04 DOUBLE CHIP SEAL (RESIDENTIAL) SQUARE YARD 19318 $ 4.97 $ 96.010.46 409.05 TYPE 11 SLURRY SEAL (COLLECTOR) SQUARE YARD 100 $ 2.29 $ 229.00 409.06 TYPE It SLURRY SEAL (RESIDENTIAL) SQUARE YARD 100 $ 2.24 $ 224.00 409.07 TYPE II SLURRY SEAL (PARKING LOTS) SQUARE YARD 100 $ 3.65 $ 365.00 409.08 CAPE SEAL (COLLECTOR) SQUARE YARD 9879 $ 4.86 $ 48,011.94 409.09 CAPE SEAL (RESIDENTIAL) SQUARE YARD 93959 $ 4.63 $ 435,030.17 409.10 CAPE SEAL (ARTERIAL) SQUARE YARD 24337 $ 4.99 $ 121,441.63 409.11 SLURRY TRAV CRACK LEVELING (30" band width, 3(4 to 2" crack) LINEAL FOOT 1,000 $ 4.11 $ 4,110.00 409.12 SLURRY SURFACE LEVELING (114 to 1/2" thickness per lift;) SQUARE YARD 400 $ 8.27 $ 3,308.00 409.13 FOG SEAL SQUARE YARD 9996 $ 0.30 $ 2,c,/gg 80 630.01 VARIABLE MESSAGE BOARD EA/DAY 15 $ 198.00 $ 2,970.00 630.02 ADDITIONAL FLAGGING PERSONNEL HOUR 50 $ 25.00 $ 1,250,00 PHASE 1 TOTAL I $ 892,125.15 PHASE 2 QUANTITIES - TO BE COMPLETED BEGINNING OF AUGUST 2015 ITEM NO DESCRIPTION UNIT 2014 CONTRACT QUANTITY 2015 UNIT PRICE 2015 EST. COST 105.01 SWEEPING- ALL STREET SURFACES EACH 2 $ 9,365.00 $ 18,730.00 105.02 SWEEPING -ALL PARKING LOT SURFACES 1,100.00 $ 2,200.00 208.01 STORMWATER PROTECTION - WATTLE (supplied by City) $ 5.00 $ 7.500.00 208 02 STORMWATER PROTECTION- WATTLE (NEW supplied by M::CH2$ $ 18.75 $ 5,625.00 FabContracta)20803 Contr and Wattle Inlet Protection (supplied by City, Fabric by$ Contracts)208.04 10000 $ 3,000.00 Fabric and Wattle Inlet Protection (NEW supplied by Contractor)$ 140.00 $ 700.00 409.01 CHIP SEAL (ARTERIAL) SQUARE YARD 100 $ 2.94 $ 294.00 409.02 CHIP SEAL (COLLECTOR) SQUARE YARD 100 $ 2.92 $ 292.00 409.03 CHIP SEAL (RESIDENTIAL) SOUARE YARD 8943 $ 2.83 $ 25,308 69 409.04 DOUBLE CHIP SEAL (RESIDENTIAL) SQUARE YARD 100 $ 4.97 $ 497.00 409.05 TYPEIISLURRY SEAL (COLLECTOR) SQUAREYARD 100 $ 2.29 $ 229.00 409.06 TYPE II SLURRY SEAL (RESIDENTIAL) SQUARE YARD 100 $ 2.24 $ 224.00 409.07 TYPE II SLURRY SEAL (PARKING LOTS) SQUARE YARD 100 $ 3.65 $ 365.00 409.08 CAPE SEAL (COLLECTOR) SQUARE YARD 57979 $ 4.86 $ 281,777.94 409.09 CAPE SEAL (RESIDENTIAL) SQUARE YARD 93407 $ 4.63 $ 432,474.41 409.10 CAPE SEAL (ARTERIAL) SQUARE YARD 51223 $ 4.99 $ 255,602.77 409.11 SLURRYTRAV CRACK LEVELING (30" band width, 3/4 to 2" crack) LINEAL FOOT 1,000 $ 4.11 $ 4,110.00 409.12 SLURRY SURFACE LEVELING (114 to 1/2" thickness per lift;) SQUARE YARD 180 $ 8.27 $ 1,488.60 409.13 FOG SEAL SQUARE YARD 100 $ 0.30 $ 30.00 630.01 VARIABLE MESSAGE BOARD EFVDAY 15 $ 198.00 $ 2,970.00 630.02 ADDITIONAL FLAGGING PERSONNEL HOUR 50 S 25.00 $ 1,250.00 PHASE 2 TOTAL $ 1,044,668.41 Signature: Company: TOTAL BASE BID FOR 2015 RENEWAL $1,936,793.56 Printed: Labor, Materials and Equipment .............. 63-6,5 Laws and Regulations ................................6.14 Liability Insurance.__...................................5.4 Article or Paragraph Number Notice of variation from Contract Documents, ............................ . ............ 6.27 Patent Fees and Royalties .............................. 6.12 Permits.......................................................0.13 Progress Schedule .........................................6.6 Record Documents 6.19 related Work performed prior to ENGINEERs approval of required submittals .............................................0.28 safestructural loading .................................6.18 Safety and Protection ..................... 6.20, 7.2.13.2 Safety Representative ...................................6.21 Scheduling the Work .................................. 6.9.2 Shop Drawings and Sample ................ ___0.24 Shop Drawings and Samples Review by ENGINEER ...................................... 6.26 Site Cleanliness..........................................6.17 Submittal Procedures ...................................6.25 Sub-Aitutc Construction Method-. and Procedures 6.7.2 Substitutes and "Or -Equal" Items ................0.7.1 Superintendence ............................................ 6.2 Supervision ............. _ ....... ...... ..................... 0.1 Survival of Obligations ................................6.34 Taxes.........................................................6.15 Tests and Inspection...................................13.5 ToReport ......................................................2.5 Use of Premises, .................. — 6. 16-6.18. 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................6.25 Right to adjustment for changes in the Wor� ..... 10.2 9 right to claim._.....,.,. -4, 9.5, 9.11, 4, 7.1� 10. 1 11.2, 1 J 1.9, 12.1. 13.9, 14.8. 15.1. 15.5, 17.3 Safety and Protection .................. 6.20-6.2 7, 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 Procedurcp..6.7 Substitutes and "Or -Equal" Items, Expense .... ............................ ......... 6.7.1, 6.7.2 Subcontractors. Suppliers and Othem ...... ... j6.8-6.11 Supervision and Super intendenot ......... 6.1, 6.2, 6.21 Taxes, Payment by ...........................................6.15 6.15 Use of Premises 6.16-6.18 Warranties and guarantees..........................0.5, 6.30 Warranty of Title ..............................................14.3 Written Notice Required — CONTRACTOR stop Work or terminatc. ....... 15.5 Reports of Differing Subsurface and Physical Conditions ........................4.2.3 Substantial Completion ............. .......... ...... 14.8 viii CONTRACTORS —other 7 Contractual Liability Insurance ........................... _5.4.10 Contractual Time Limits .........................................12.2 Article or Paragraph Number Coordination— CONTRACTORs responsibility ........ ................ §.9.2 Copies of Documents ...............................................2.2 Correction Period ............................. ................... 13.12 Correction, Removal or Acceptance of Defective Work— in general ...................................10A.1. 13.10-13.14 Acceptance ofDqfecfive Work ...........................13.13 Correction or Removal of Defective Work. . ............................... 6.30,13.11 Correction Period ............................................13.12 OWNER May Correct Defective Work............. 13.14 OWNER May Stop Work ........... ................. _13.10 Cost -- of Tests and Inspections ........................... ......... 13.4 Records 11.7 Cost of the Work — Bonds and insurance, additional...................11.4.5.9 Cash Discounts..............................................11.4.2 CONTRACTOWs Fee 1 11.6 Employee Expenses ............................. ....... .4.5.1 Exclusions t.....................................................11.5 General 11.4-11.5 Home office and overhead expcnscs 11.5 Losses and damages ............. ....................... 11.4.5.6 Materials and equipmen.................................11.4.2 NfinoTexpenses ....... __ .......... .................... J1.4.5.8 Payroll costs on changes ..................................11.4.1 performed by Subcontractors ............................11.4.3 Records 11.7 Rentals of construction equipment and machinery.. .. ............ ..... ............... 11.4.5.3 Royalty payments, permits and license fees ............................................11.4.5.5 Site office and temporary facilities ................11A.5.2 Special Consultants, CONTRACTOR's ............ J 1.4.4 Supplemental .................................................11.4.5 Taxes related tothe Work,,,,,,,.. .................... JL4.5.4 Tests and Inspection, .........................................13.4 Trade Discounts )1.4.2 Utilities, fuel and sanitary facilities .............. J1.4.5.7 Work after regular hours.................................11.4.1 Covering Work ............................................... 13.6-13.7 Cumulative Remedies 17.4-17.5 Cutting, fitting and patching ................................... 7.2 Data, to be furnished by OWNER .............................. $3 Day —definition of ................................................17.2.2 Decisions on Disputes .................. ................. 9,11,9.12 defective —definition of ............ ............ ................. 3.14 defective Work — Acceptance of.. .................................. _10.4.1.13.13 EJCDC CENEELAL CONATIONS 1910 -8 0990 101110K) W/ aTY OF FORT COLONS MODIFICATIONS (REV 91M Correction or Removal of10.4.1, 13.11 Correction Period...__.....................................13.12 in general. _____- _--,----,-..13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work ........................ ........13.10 Prompt Notice of Defects ............................ -.- ... 13.1 Rejecting...........................................................9.6 Uncovering the Work.......................................13.8 Definitions................................................................1 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 - Noticeof................... ...................................4.2.3 ENGINEER's Review......................................4.2.4 Possible Contract Documents Change ....... ....... 4.2.5 Possible Price and Times Adjustments„-,,,,,..... 4.2.6 Discrepancies -Reporting and Resolving_..............................2.5. 3.3.2, 6.14.2 Dispute Resolution - Agreement ................................................16.1-16.6 Arbitration................................................16.1-16.5 general16 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 .............................................................j.7 Drawings -definition of..........................................1.15 Easements .........................................................4-1 Effective date of Agreement -- definition qf------,---„-1.16 Emergencies ....................................... 6.23 ENGINEER - as initial interpreter on dispute;.................9.11-9.12 definition of...................................................1.17 Limitations on authority and responsibilitie4...... .13 Replacement of .................................................. 8.2 Resident Project Representative, ....... I .................. 9.3 ENGINEER's Consultant -- definition of..................1.18 ENGINEER's-- authority and responsibility, limitations on ........ 9.13 Authorized Variations in the Work -.................... 9.5 Change Orders, responsibility for....... 9.7, 10, 11, 12 Clarifications and lnterpretation;..... ....... ,3.63, 9.4 Decisions on Disputes...............................9.11-9.12 defective Work, notice of..................................13.1 Evaluation of Substitute Items ..........................0.7.3 Liability...................................................4.32, 9.12 Notice Work is Acceptable..............................14.13 Observations...........................................630.2, 9.2 OWNER's Representative ....................................9.1 Payments to the CONTRACTOR, Responsibility for .... -.,._.....- ...............9.9, 14 Recommendation of Payment ...... ._....,,.....14.4. 1413 Article or Paragraph Number Responsibilities --Limitations op.................9,11-9.13 Review of Reports on Differing Subsurface and Physical Conditions.............................4.2A Shop Drawings and Samples, review responsibility .............................. ................ 6.26 Status During Construction -- authorized variations in the Work ................. 9.5 Clarifications and InterpretatierV ..................9.4 Decisions on Disputes .................„...... 9.11-9.12 Determinations on Unit Price......................9.10 ENGINEER as Initial Interpreter ..._ 9.11-9.12 ENGINEER's Responsibilities, ............... 9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities .............................. 9.13 OWNER's Representative,, ... .................. 9.1 Project Representative....-.............................9.3 Rejecting Defective Work ................. -............ 9.6 Shop Drawings, Change Orders and Payments ... ........ . ........................ 9.7-9.9 Visits to Site .. .............. ............ ................... 9.2 Unit Price determinations ................. -............... 9.10 Visits to Site ................................... ....................9.2 Written consent require4 .............................. 7.2, 9.1 Equipment, Labor, Materials an4 ........ ---............. 0.3.6.5 Equipment rental, Cost of the Work ................... 11.4.5.3 Equivalent Materials and Equipmenk........... -............ 0.7 error or omissions..................................................0.33 Evidence of Financial Arrangement$.................„-,-$.11 Explorations of physical conditions ----------------------- 4.2.1 Fee, CONTRACTOR's--Costs Plus, .......................... 11.6 Field Order -- definition of ......................................... ............ 1.19 issued by ENGINEER ................................ 3.6.1, 9-5 Final Application for Payment ...............................14.12 Final Inspection ............................. ......................3 4.11 Final Payment - and Acceptance .................................... 14.13-14.14 Prior to, for cash allovences„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,11.8 GeneralProvisions .......................... ..._......... 17.3-17.4 General Requirements - definition of.....................................................1.20 principal references to..............2.6, 6.4, 6.6-6.7, 6.24 Giving Notice ........................................................37.1 Guarantee of Work -by CONTRACTOR-,..,,..6.30, 14.12 Hazard Communication Programs ...........................0.22 Hazardous Waste - definition of.....................................................1.21 general.......-................................. .................... 4.5 OWNER's responsibility for................................8.10 F.1CDC CIE MAL COND111ONS 19104 (1990 EMMOM w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification ....... .................. I Z 6.16, 6.31-6.33 Initially Acceptable Schedules .................................. �2.9 Inspection— Certificates of ... .. ........ ..............9.13.4, 13.5. 14.12 Final......... I. I ... I . .................................. 14.11 Article or Paragraph Number Special, required byENGINEER .......................... 9:6 Tests and Approval............................$.7,13,3-13.4 Insurance - Acceptance of, by OWNER ...............................5.14 Additional, required by changes in the Work ...........................................11.4.5.9 Before starting the Work .... ........ .................. 2.7 Bonds and --in general,,,,,,,,,,,,,,,,,,,,,, .......... "..5 Cancellation Provisions ...................................... 5.8 Certificates of -7, 5, 5.3, 5.4.11. 5.4.13. ........................5.6.5. . ......... 545. 5.8. 5.14, 9,13.4,14,12 completed operations.....................................5A.13 CONTRACTORS Liability ..................................5.4 CONTRACTOWs objection to coverage ............. 5.14 Contractual Liability ......................................5.4.10 deductible amounts, CONTRACTORs responsibility ................................................5.9 Final Application for Payment,,,_,,,,„-„-,,,...... . . 14.12 Licensed Insurers ...............................................5.3 Notice requirements, material change;..-,-„ 5.8,10.5 Option to Replace....._.....................................5.14 other special insurances .................................... 5.10 OWNER as fiduciary for insur:4 .............. 5.12-5.13 OVINER's Liability ............................................ 5.5 OWNEWsRcspcnsibility ... _ ...... ___ .. . ..... ........ 8.5 Partial Utilization, Property Insuranci; ...............5.15 Property................... __ ......... .................... 5.6-5.10 Receipt and Application of Insurance Proceeds. ............................................. 5.12.5.13 Special Insurance.-- . ...... ... ....... .. ............... 5.10 Waiver of Rights ..............................................5.11 Intent of Contract Documents 3. 1 -3.4 Interpretations and Clarifications ..................... 3.6.3.9.4 Investigations of physical conditions.-„....................... 4.2 Labor, Materials and Equipment ........................... 6.3-6.5 Lands -- andEasements ...................................................0.4 Availability of ............................... ............. 1.1.8.4 Reports and Tests ............................................... $.4 Laws and Regulations --Laws or Regulations -- Bonds 5.1-5.2 Changes in the Work ........................... ............ 10.4 Contract Documents..........................................3.1 CONTRACTOR's Responsibilities... .................. 6.14 Correction Period. defective Work ................. _J13,12 Cost of the Work. tam ...............................11.4.5.4 definition of .....................................................1.22 gcneral6.14 Indemnification, ........................................ 6.31-6.11 x Insurance, ................................ ... . .......... ....... 5.3 Precedence . ............................. ___ ....... _ _3. 1, 13.3 Reference iq .............................. .................... 3Al Safety and Protection ................................ 6.20,13.2 Subcontractors. Suppliers and Other:t ........... 6.8-6.11 Article or Paragraph Number Tests and Inspections, Use of Premises Visits to Site Liability Insurance-- CONTRACTOR's ................................................ 5.4 OWNFR!s. . .................. ................... .......... .......5.s Licensed Sureties and Insurers ................ .......... 5.3 Liens -- Application for Progress Payment ....................... 14.2 CONTRACTOR's Warranty of Title ........ ..... 14.3 Final Application for Payment ..........................14.12 definition of ................... .................... ............ �1.23 Waiver of Claims ............................................ J4.15 Limitations on ENGINEOUs authority and responsibilities ..................................................P.13 Limited Reliance by CONTRACTOR Authorized ................................. . ........... _ ..... 4.2-2 Maintenance and Operating M2ntmis-- Final Application for Payment ..........................14.12 Manuals (of others) - Precedence Reference to in Contract Documents ..................3.3.1 Materials and equipment -- furnished by CONTRACTOR ........ __ ........... -20.3 not incorporated in Work ...................................14.2 Materials or equipment --equivalent ...........................0.7 Mediation (Optional) .............................................. J6.7 Milestones --definition of ......................................... 1.24 Miscellaneous -- Computation Of Timcs, ........ ..... .......... ............ 17.2 Cumulative Remedies ........ ...................... ........ J 7.4 Giving Notice ....................................................17.1 Notice of Claim........ .. .......... ............... .......... 17.3 Professional Fees and Court Costs Includerl. ........ 17.5 Multi -prime contracts ........................................... Not Shown or Indicated Notice of -- Acceptability of Project ................ ............ . ..... 14.13 Award, definition of.........................................1.25 Claim............................................................ 17.3 Defects.13.1 Differing Subsurface or Physical Conditions,„-.- ----- 4.2.3 Giving.............................................. ............. 17.1 Tests and Inspections ........................................ J3.3 Variation. Shop Drawing and Sampli; ................. 6.r Notice to Proceed -- definition o( givingof ..................................................... . ...... Z3 Eiar CENBUL COMT10M 1910-9 0990 MIT1014) w/ CITY Of FORT COLONS MODIFICATIONS (REV 919M Notification to Surety ..............................................10.5 Observations, by ENGINEER ........................... §30, 9.2 Occupancy of the Work ..................5.15, 6.30.2.4. 14.10 Omissions or acts by CONTRACTOR. ............... 0.9,9.13 Open Peril policy form, Insurancq ..........................5.6.2 Option to Replace ....................................................5.14 Article or Paragraph Numbcr "Or Equal" Items ............................ ......................... §_7 Other work 7 Overtime Work —prohibition of ................................. 63 OWNER — Acceptance of defedive Work ........................... 13.13 appoint an ENGINEER .................... - ....... ........ 8.2 as fiduciary ............................................... 5.12-5.13 Availability of Lands, responsibility .................... 4.1 definition o( .....................................................1.27 data, fumish May Correct Defective Work ...........................13.14 May refuse to make payment .............................14.7 May Stop the Work ................................. ...... ji.10 May Suspend Work. Terminate ...........................8.8, 13.10, 15.1-15.4 Payment, make prompt .................... P.3,14.4.14.13 performance of other work ................................. 7.1 permits and licenses, requiremen . ...................6.13 j purchased insurance requirement; ............... S.&S.10 OWNERs— Acceptance of the Work .............................. 0,30.2.5 Change Orders, obligation to executC .......... 8.6,10.4 Corn m unicationq ................................................ 8.1 Coordination of the Work ................................... 7.4 Disputes, request for decision .......................I....1.11 Inspections, tests and approvalq ........ ......... ?.7, 13.4 Liability Insurance, ............................................ 5.5 Notice of Defects ..............................................13.1 Representative --During Construction, ENGINEER& Status .............. .... .............. 9A Responsibilities -- Asbestos, PCBs. Petroleum, Hazardous Waste or Radioactive I%Uterial ................ IRAO Change Orders .............................. .............. 8.6 Changes in the Work ... L .......................... _10-1 communications 8-1 CONTRACTORs responsibilities .................. 8.9 evidence of financial arrangements..............0.11 inspections, tests and approval§ ... ................. 83 insurance A.5 lands and easements 8.4 prompt payment by .......... 8.3 replacement of ENGINEER ........................... ?.2 reports and tests ...................... 1... 1. 1 ...... ... I ..... 8.4 stop or suspend Work--„1.8. 13.10. 151 terminate CONTRACTORS services ........................................... 8.8.15.2 separate representative at sib; .............................9.3 testing, independent ........................................ 13.4 use or occupancy of the Wod ......................... 5.15. 6.30.2.4, 14.10 written consent or approval required ......................................... 9.1. 6.3. 11.4 LJCDOGENMAL CONDITIONS 1910-S (1990 MITIOM w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number written notice required .......... ......... _ _7. 1 , 9.4. 9.11. - ------- ...... JLZ 119,14.7,15.4 definition of **'*"** ....... ** ............ * .................... 1-29 general ...... -------- * ___ .... .... 4.5 OWNER'S responsibility fa,,,,.,..„.....................8.10 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 ProgressPayments ...................... 14.2 CONTRACTORS Warranty of Title ................... 14.3 Final Application for Payment .........................14.12 Final Inspection ........ ...................................... 14.11 Final Payment and Acceptance ................ 14.13-14-14 general.......... .' " * ............. * ............ ...... ?.3, 14 Partial Utilization._..._......................-,,........... 14.10 Retainage.........................................................14.2 Review of Applications for ProgressPnyments; .. .................. ......... J4.4-14-7 prompt payment . ......................................... Schedule of Values ...........................................14.1 Substantial Completion ....................... ..... 14.8-14.9 Waiver of Claims ................................ 14,15 when payments due . ....... .... ......... ........ 14.4,14.13 withholding payment .........................................14.7 Performance Bond; ......... ............................... 5.1-5.2 Permits............................................................13 Petroleum -- definition of ....................................................1.30 .....................1.30 general.............................................................. 4,5 OWNERs responsibility fctr...............................8.10 Physical Conditions -- Drawings ol; in or relating to .......................4.2.1.2 4.2.12 ENGINEER!s review ........................................ 4.2.4 existing structures.......... _..............................4.2.2 general4.2.1.2 ............. _ ---------- .......... _ ...... ........... Notice of Differing Subsurface or...................... 4.2.3 Possible Contract Documents Change ...............4.2.5 Possible Price and Times Adjustments..............4.26 Reports and Drawings ...................................... 4.2.1 Subsurface and,....._......_ ..... ............................. 4.2 Subsurface Conditions. ... ............. 1- ....... Technical Data. Limited Reliance by CONTRACTOR Authorized ........................ 4.22 Underground Facilities -- general............................................. ..........4.3 Not Shown or Indicited ............................... 4.3.2 Protection of .............................. . ........ 4.3,6.20 Article or Paragraph Number Shown or Indicated ................................................4.3.1 Technical Data ......... ............. ....... . .............. 24.2.2 Reconstruction Conferenec, ..... _ .............................. 2.8 Preliminary Matters ..... _ .............. ...... ....................... 7 Preliminary Schedule,; ..............................................2.6 Premises, Use of .............................................6.16.6.18 Price, Change of Contract- I I ............................... I ....... I I Price, Contract --definition of .................................. 1.11 Progress Payment. Applications fbf ...... ___ ---- .... 14.2 Progress Payment--rctainag; ...................................14.2 Progress schedule, CONTRACTOR'sL ........... ;Z.O, 18, 19, I ............. I ................. 6.6, 6.29. 10.4,15.2 1 Project --definition of .......... ..... ........... .................. 1.31 Project Representative— ENGINEERs Status During Construction............ 9.3 Project Representative, Resident --definition Of ---- .... 1.33 prompt payment by OWNER .....................................8.3 Property Insurance -- Additional ....................... .... . ........................... 5.7 gencral5.6-5.10 Partial Utilization ................................ 5.15. 14.10.2 receipt and application of proceed!j..... ....... 5.12-5.13 Protection, Safety and..._._ . ............... ...... §.20-6.21. 13.2 Punchlist..........................................................f4.11 Radioactive Material— defintiun of ......................................................1.32 general4.5 OWNER's responsibility for ..............................$. 10 Recommendation of Payment ................14.4, 145, 14.13 Record Documents ......................................... 6,19,14.12 Records, procedures for maintaining .......................... 2.8 Reference Points .................... ... _ ............................ 4.4 Reference to Standards and Specifications of Technical Societies ........ ................... ............ 3.3 Regulations, Laws and(or) ................. ........ ........... 6.14 Rejecting Defective Work...._ ................................._ _9.6 Related Work -- atSite ................ ....................................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review ....................5.28 Remedies, cumulative ................ Removal or Correction olDefective Work ................j3.11 rental agreements, OWNER approval rtquirc4 .... 11.4.5.3 replacement of ENGINEER. by OWNER ................... $.2 Reporting and Resolving Discrepancies. . .............................. 2.5, 3.12, 6,14.2 Reports -- and Drawings.......... .........................4.2.1 and Tests, OWNERS responsibility ...................... 8.4 Resident and Project Representative -- definition of ......................................................L33 provisionfor ............................................................9.3 xii EIC.DC GENLRAL CONDITIONS 1910-8 (1990 ED111014) W/ CITY OF FORT COLLMS MODIFICATIONS (PEV9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR'$ ............... 6.2 Responsibilities- CONTRACTOR's-in general ..... ,,..._,......................6 ENGINEERs-in general .................................... .... `t Limitations on, .... ........... ........................... 9.13 OWNER's-in general ...................... ................. .----- 8 Retainage........... ...... -............ ............................. 1.4.2 Reusc of Documents ............................................._.. 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ..........................0.25 Review of Applications for Progress Payments. . ............... ....... ....... ... 14.4-14.7 Right to an adjustment...........................................10.2 Rights of Way...................................... -4.1 Royalties, Patent Fees and......................................6.12 Safe Structural Loading .......................................... 0.18 Safety -- and Protection ......................_........ 4.3.2. 6.16, 6.18, G.20 6.21.72. 13.2 general........._...........................................6.20-6.23 Representative, CONTRACTOR's.......................6 21 Samples -- definition of.................. .................................... 1.34 general ......................................... ........... 4.24-6.28 Review by CONTRACTOR ...................... ........_6.25 Review by ENGINEER..............................6.26.6.27 related Work.....................................................6.28 submittal of..............................._..................6.24.2 submittal procedure$.........................................5.25 Schedule of progress ........... .................. 1'.6, 2.&19, 6.6, ....................... 10.4. 15.2.1 nId-...Inpl..6.29, Schedule of Shop Drawing and Sample Submittals2.6, 2.8-2.9, 6.24-6.28 Schedule of Values. ............. ............2.6, 2.8-2.9, 14.1 Schedules -- Adherence to........._.......................................)5.2.1 Adjusting......................................................... _...6 Change of Contract Times.............................._10.4 Initially Acceptable., .. ...... .......................... 2.& 2.9 Preliminary... ........................... I .................... -...2.6 Scope of Changes.......................................10.3-10.4 Subsurface Conditions........................................4.2.1.1 Shop Drawings - and Samples, general, ................................ 6.24-6.28 Change Orders & Applications for payments, and--- ................ _..........-.......9.7-9.9 definition of......................................................1.35 ENGINEER's approval of.................................3.6.2 ENGINEER's responsibility for review ..................................... 9.7, 6,24-6,28 related Work.....................................................6.28 review procedures ......... ............... I ....... .8, 6.24.6.28 Article or Paragraph Number submittal required.......... ......... .........................6.24.1 Submittal Procedures ........................................ 6,25 use to approve substitutions .............................. 6.7.3 Shown or Indicated, ................ ...... ....... _ ..... ........ 43.1 Site Access......................................................72.13.2 Site Cleanliness......................................................0.17 Site, Visits to - by ENGINEER ......... .......................- .....93, 13.2 byothers ....................... .._......... .. -- --.....13.2 "special causes of loss" policy form, insurance ........................................................$.6.2 definition oC.....................................................1-% Specifications- defination of ............................ ...... ................. 1-36 of Technical Societies, reference to,_. ............. 3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies.........................................3.3 Starting Construction, BeforQ......... .................. _ 15-2.8 Starting the Work .................... ............._..................2.4 Stop or Suspend Work - by CONTRACTOR...........................................15.5 byOWNER..............................».....8.9, 13.10, 15.1 Storage of materials and equipment ....................4.1. 7.2 Structural Loading, Safety ....................................... 6.18 Subcontractor - Concerning ............................... _.............. 6:8-6.1 I definition of .................................. ................... J-37 delays_ ........................................ ..................12.3 waiver of rights ........................................ ..._...0.11 Subcontraclurs--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 Manuals .......... ... 14.12 Procedures... ....................................................0.25 Progress Schedules......................................2.6, 2.9 Samples.. . ... ...... _ ........ .. ................. .....624-6.28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions .... ......................... ........ 2.6, 2.8-2.9 Shop Drawings ...... ................................... 624-6.28 Substantial Completion— certification of. ............................ 6.30.2.3, 14.8-14.9 definition of. .......................... ......................... 1,38 Substitute Construction lion Methods or Procedures..,.,,. 6.7.2 Substitutes and "Or Equal" Items ............. 6.7 CONTRACTOR's Expense .......... ..... .......... §3.1.3 ENGINEER's Evaluation.................................6.7.3 "Or -Equal .................. .................................. 0.7.1.1 Substitute Construction Methods ME EJCDC GENEM CONDITIONS 191e-9 (1990 EDtnom w/ CITY OF FORT COLLINS MODIFICATIONS (P V 919M Article or Paragraph Number or Procedures.............................................5.7.2 Substitute Items............................................6.7.1.2 Subsurface and Physical Conditions— Drawings of, in or rclatag to ........................ 4.2.1.2 ENGINEER'S Review ...................................... 42.4 general..............................................................4.2 Limited Reliance by CONTRACTOR Authorized................................................4.2.2 Notice of Differing Subsurface or Physical Conditions ......................................... 4.2.3 Physical Conditions ...................................... 4 2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments...............4.2.6 Reports and Drawings.. ...... .--- - ...-.... ... 4.2.1 Subsurface and ................................................... 4.2 Subsurface Conditions at the Site...................4.2.1.1 Technical Data.................................................4.2.2 Supervision — CONTRACTORS responsibility ...........................6.1 0AWER shall not supervise................................8.9 ENGINEER shall not supervis;................9.2, 9.13.2 Superintendence , 0.2 Superintendent, CONTRACTOR's resident...............0.2 Supplementalcosts..............................................11.4.5 Supplementary Conditions— definition of ............................ — ...... ................ 139 principal references tq.................).10, 1.18, 2.2, 2.7, .......................4.2, 43, 5.1, 3.3, 5.4. 5.6-5.9. 5. 11, 6.9, 6.13. 7.4. 9.11, 9.3. 9. 10 Supplementing Contract Document,...........................6 Supplier -- definition of.....................................................1.40 principal references to..... 3.7, 6.5, 6.14.11, 6.20, ----...........6.24, 9.13,14.12 Waiver of Rights..-.._....._._..............................6.11 Surety — consent to final payment, ......... ............. J4.12, 14.14 ENGINEER has no dirty to.................................9.13 Notification of_ ........................ ....... 10.1. 10.5. 15.2 qualification of: ....................... .................... 5.1-5.3 Survival of Obligations ........................................... 6.34 Suspend Work OWNER May ....................... 13.10, 15.1 Suspension of Work and Termination- ......................)5 CONTRACTOR May Stop Work or Term irate..............................................15.5 . OWNER May Suspend Work..............................15.1 OWNER May Terminate ............ ............. .... 15.2-15.4 Taxes --Payment by CONTRACTOR .........................0.15 Technical Data — Limited Reliance by CONTRACTOR .................4.2.2 Possible Price and Times Adjustments..............4.2.6 Reports of Differing Subsurface and Physical Conditions...................................4.2.3 xiv Temporary construction facilities .__. _. _.. _. _ ..... . ... .. .. 4.1 Article or Paragraph Number Termination — by CONTRACTOR...........................................35-5 by OWNER ....................................... .9, 15.1-1 SA of ENGINEER'S employment...............................f.2 Suspension of Work-in general .............................15 Terms and Adjectives..............................................3.4 Tests and Inspections -- Access to the Work, by others ...........................i3.2 CONTRACTOR'S responsibilities .....................J3.5 cost of 13.4 covering Work prior t4.... .......................... 13.6-13.7 Laws and Regulations(or)................................ 13.5 Notice of Defects .............................................. 13.1 OWNER May Stop Work.. ... ,..._ ......... ......... .,1310 OWNER's independent testing ..........................13.4 special, required by ENGINEER„ ....................... 9.6 timely notice required.......................................13.4 Uncovering the Work, at ENGINEER's request. ._....-,........................ 13.8 13:9 Times -- Adjusting..........................................................0.6 Changeof Contract,...,.,. .................................... 12 Computation of .............................. _........... .....17.2 Contract Tim as definition o(.......................... 1.12 day.........................................................17.2.2 Milestones..........................................................12 Requirements — appeals. _.............................................. .10. 16 clarifications, claims and disputck.................9.11, 1 LZ 12 Commencement of Contract Times................2.3 Preconstruction Conference ........................... �.g schedules ......................................... 2.6, 2.9, 6.6 Starting the Work .................. _ -- 2.4 ............... . Title, Warranty of. ......................... ........................ 14.3 Uncovering Work............................................13.8-13.9 Underground Facilities, Physical Conditions — definition of....................................................1.41 Not Shown or Indicated„.................................4.3.2 protection of ............................. __........ ..... .3, 6,20 Shown or Indicated ........................................ 4.3.1 Unit Price Work -- claims.........................................................11.9.3 definition of.....................................................1.42 generall1.9, 14.1. 14.5 Unit Prices-- gencra111.3.1 Determination for ............................................ 9.10 Use of Premises................................6.16. 6,19, 6.302.4 Utility owners.............................0.13. 6.20, 7.1-7.3, 13.2 Utilization, Partial...................1.28. 5.15. 6.30.2.4, 14.10 Valueof the Work..................................................11.3 Values, Schedule of .......... .............. ...... ,'4 2.8-2.9. 14.1 EJCDC OENFRAL CONDITIONS 1910.8 (IM EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/") Variations in Work —Minor Authorized ............ .............. ..._ .6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site —by ENGRTEER, ................................... 9.2 Waiver of Claims —on Final Payment ......................14.13 Waiver of Rights by insured panics .................. 5.11,6.11 Warranty and Guarantee, General --by CONTRACTOR ................................................0.30 Warranty of Title, CONTRACTORs ........................14.3 Work_. Access to.._......._.........................................13.2 byothcrs ..............................................................7 Changes in the .....................................................10 Continuing the ..................................................0.29 CONTRACTOR May Stop Work 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 ................... J3.10,15.1 Related, Work at Sitc. .................................... 7.1-7.3 Starting the,.... ................................................... 2.4 Stopping by CONTRACTOR .............................15.5 Stopping by OWNER ................................. 15.1-15.4 Variation and deviation authorized. minoT ........... 3.6 Work Change Directive — claims pursuant to.............................................10.2 definition of .................... . .................. ............. 1.44 principal references tq ...................... 3.5.3.10.1-10.2 Written Amendment — definition of .....................................................1.45 principal references tq .............. 1.10,3.5,5.10,15,12, ......................... 0AZ 6.8.2, 6.19, 10.1, 10.4, .— I ..... .................11.2, 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, 9.10-9,11, ....... 11 ....................... .... . .... 10.4.11.2. 12.1 by OWNER .................... 9.10-9.11, 10.4, 1 LZ 13.14 ry EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) W/ CITY OF FORT COLLINS MODWICA170M (REV 9199) (This page left blank intentionally) EJCDC OEM7 AL CONDtnONS 1910-8 (1990 EDMON) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL COMMONS ARTICLE 1—DEFLNTITONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda —Written or graphic instruments issued Prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 12. 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 Patwment—The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting program or fatal payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed forme setting forth the prices for the Work to be performed 1.6. BkUng Docwnents—The advertisement or invitation to Bid, inswctiom 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. Bonin —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 Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOWs Bid (including documentation accompanying the Bid and any post Bid documentation submittal prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Prc=a the Bonds, these General Conditions the Supplementary Conditions, the Specifications and the Drawings as the FJCDC o&VaA , C011UM0M 19104 (1990 Ednon) w/ CITY OF FORT COW M MODIFICATIONS (MV 42000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 of or after the Effu tive Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 626 and 6.27 and the reports and drawings referred to in paragraphs 4 2.1 and 4.2 2 are not Contract Documents, 111. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contmet Documents as stared in the Agreement (subject to the provisions of paragraph 11 9.1 in the case of Unit Rice Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substamial Completion, and (ii) 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. COMRACMR--The person, firm or corporation with wham OWNER has entered into the Agreement 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 Doctrmenrs, 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 finml 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 and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents Shop drawings are not Drawings as so defined 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person firm or corporation named as such in the Agreement. 1.18. ENGINEER's Cauvltant—A person. firm or corporation having a contract with ENGINEER to furnish services as ENGINFIM's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Omer —A written order issued by ENGINEER which orders mirror charges in the Work in accordance with paragraph 9.5 but which does not involve a change in the ContractPrice or the Contract Times. SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 1,20. General Requirements -Sections of Division 1 of the Specifications. 1.21. Hazardous Waste -The term Hazardcaaa Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.2, Lars and Regulations; Laws or Regulations -Any and all applicable laws, rules, regulations, ordinances. codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction 1 22.b. Lezal Handms--shall be those holidays observed by the (sty of port Collins. 123. Liens-Lietu charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 125. Notice ofRward--A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 11-6. 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 CONTRACTORS obligations under the Contract Documents 1.27. 00YER-The public body or authority. corporation association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28. Partial Utilization -Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work 1.29. PCBs-Polychlor hated hiphenyls 130. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 you nds- per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project -The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material -Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC OENtRAi, CONDITIONS 1910-8 (1990 Edition) w/ 01T OF FORIWLLI Ns moD1FIcA'rIONS (REV 42000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Worliar Hours-Retrular working hours are defined as TOOam to 6:00on unless otherwise %rxcified 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 Droaings-All drawings, diagrams, illustrations, schedules and other data or information which arc specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specificalions=Chou portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract 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 part 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 Work is complete and ready for final payment as evidenced by F,NGINF.ER's wrinen recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. 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 n direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Undergrorod Facilities -All pipelines, conduits, ducts, cables, wires, manholes, vaults, tan tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to famish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other Control Systems or Water. 1.42. IDnit Price Work -Work to be paid for on the basis of twit prices. 1.43. Work --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Wok includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction and performing or furnishmI; services and furnishing documents, all as required by the Contract Documents 1.44. Work Change Directive -A written directive to CONTRACTOR issued on or alter the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. ordering an addition 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 paragmph4.2 or 4.3 or to emergencies under paragmph 6.23. A Work Change Directive will not change the Concoct 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 fallowing negotiations by the parties as to its effect if any, on the Contract Price or Contract Timers as provided in paragraph 1Q2. 1.45. Wntten Amendment -A written amendment of the Concoct Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the .Agrecanent and normally dealing with the nonengincedng or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2-PRELIMINARY MATTERS Delivery of Bono: 21_ When CONTRACTOR delivers the executed Agreements to OWNEk CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies ojDoeamenrs.• 2.1 OWNER shall furnish to CONTRACTOR up to tan copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished. upon request. at the cost of reproduction. Commencement of Contract Times; Notice to Proceed- 23. The Contract Times will commence to run on the thirtieth day after the Effective Date of the .Agreement, or, FaCDC oEMRA1, CONDIMOM 1910-8 (1990 Eclition) W1 a TY OF FORT CMIJIM MODIFICATIONS MEV MOOD) 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 lhitty days after the Ellective Date of the Agreement. of Rid opening or the thirtieth day after the liffectivelyate of the Agrecment:lehtichrver date -is earlier, Starting the Work: 2.4. CONTRACTOR shall start to perform the Wok on the date when the Contract Times commence to run, but no Work shall he done at the site prior to the date on which the Contract Times commence to rum. Before Starting Construction: 2.5 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify, pertinent figures shown thereon and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER arty conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with an}, Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or F.NGTNF.ER for failure to report any conflict, erns, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents: 2.6.2, a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 3621 In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Eniineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component pans 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 and 91,WFE14 shall eaeh deliver to the ether OWNER with copies to each --additional in"a item r.R ed in thegttpplamentary-Fendit ens ENGINEER, certificates of insurance (and other evidence of insurance Feasintably Feelodst regucsted by OWNERI which CONTRACTOR is required to purchase and maintain in accordam:c with paragraphs 5.4, 5.6etal-5--T Preeonstradion Conference. 2.5. Within twenty days after the Contract Times start to run, but before any Work at the site is started a conference attended by CONTRACTOR. ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Wud and to discuss the schedules referred to in paragraph 2.6. procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initiall9 Acceptable Schedules• 2.9. Unless otherwise provided in the Contract Documents, before any work at the site begins a conference attended by CONTRACTOR. ENGINEER and others as apprc Striate dddsjgnated by OWNER will be held to review fc+r acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and iv'sl�t. 1 -Genera) J(Egu,_ygmgnt� CONTRACTOR shall have an additional ten days to make corrections and acjustments and to complete artd resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGTIATEER resporrsrbility for the sequencing. scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTR4CTOR'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 CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent. 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if Balled for by all. The Contract Documents will be construed in accordance with the law of the place of the project. 3.2 it is the intent of the Contract Documents to EJCDC OENEM CONDITIOM 19104 (1990 E(ttkn) w/ CITY OF FORT COLUM MODIFICATIONS (REV 42000) describe a functionally complete Project (or part thereof) 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 custum or trade usage as being required to produce the intended result will be furnished and perfumed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment. such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resohing Discrepancies: 3.31. 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 laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 33.2. It; during the performance of the Wait, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Doatmem or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.3) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to 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, ambi&ri - or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or riot specifically incorporated by reference in the Connect Documents), or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER CONTRACTOR or FNGINEER, or any of their subcontractors, consultants, agents or employees from thou set forth in the Contract Documents, nor shall it be effective to assign to OWNER. ENGINEER or any of FNGTNF,ER'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 provisons of paragraph 9.13 or any other provision of the Contract Documents 3.4. Whenever in the Contract Documents the toms "as ordered", "as directed", "as required", "as allowed", "as approved' or tams of like effect or import are used or the adjectives "reasonable', "suitable', "acceptable", "proper" or 'satisfactory" or adjectives of like effect or import are used to describe a requirement direction review or judgment of ENGINEER as to the Work it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Cortmet Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duly or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Conrad Documents 3.5. The Contract Documents may be amended to Provide for additions, deletions anti revisions in the Work or to modify the terms and conditions thereof in one or more of the following wars: 3.5.1. a fomnal Written Amendment. 3.5.2. a Change Order (pursuant to paragraph 10.4), or EKDC OENM& COMMTI ONS 191" (1999 Wtvon) W1 CITY OF FORT COWM MODIRCATIONS (REY 42000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may he authoriral, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER'S approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27). or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse ofDocuments 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 tide to or ownership rights in any of the IhawirVA Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or FNGINFER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4—AVAELAB=Y OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS AtnilabiGty of Lands: 4.1. OWNER shall furnish as indicated in the Contract Documents, the lands upon which the Work is to be performed rightsof-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Upon -reasonable -written request mom s.�,Trma:sh nnwrrn AC4G with a --- ta statement of record Iegaf title and legal -description -of -the lands -upon which -the -Work -is-to-he--p�afonned-and OWNER's interest therein as neeeavaryfor giving -notice of -or ._filing a -mechanics. ben- against --sudr-lands-in OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRAC `fOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing then lands, rightsof- w•ay 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 construction facilities or storage of materials and equipment. 4Z. .Subsurface and Physical Conditions.• 4.2.1. Reports and Draaings: Reference is made to the Supplementary Conditions for identification of 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: 'those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. limited Reliance by CON7R4CTO/i 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 ENGTNEF..R's Consultants with respect to: 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 4.222. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Nobcz of Differing Subsurface or Plryoical Conctons: if CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or ra Baled either. 4.2.3.1. is of such a nature as to establish that arty "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 42.3.2. is of such a nature as to require a change in the Contract documents, or 42.33- differs materially from that shown or E)CUC OEN MUL CONUTIONS 1910-8 (1990 Ed6tim) vr/ CITY OF FORT 00W NS MODIFICATIONS (REV 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, promptly gnmediitel after becoming aware thereof and before further disturbing conditions affected thereby dx performing any Work in connection therewith (except in an emergency as 9 fitted by paragraph623), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in cotmcction therewith (except as aforesaid) until receipt of written order to do so. 4.24. ENGINEER'S Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: if ENGINEER concludes that a change in the Contract Documents is required as a result of s condition that meets one or more of the categories in paragraph 4.2.3, a Work Chaanngge Directive or a Change Order will be issued as Pined in Article 10 to reflect and document the consequences of.such change. 4.26. Possible Price and Times A4icrmuentr An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR'S ant 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 42.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation. exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTORS making such final commitmem. or 4.2.6.43. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR arc ratable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles I I and 12, However, OWNER ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any outer project or anticipated project 4.3. PhyWcatCoxaTtions-Underground Facilities., 4.3.1. Shoxn or1ndcaied: 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 exprmly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 43.1.2. The cast of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documcnts,(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 paragraph6.20 and repairing arry damage thereto resulting from the Work. 4.3.2. Not Shona ur Indicated: 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 alter becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6 23). identify the owner of such Underground Facility and EJCDC OENEAAL C01,Un0M 191" (1990 Edtim) w/ CITY OF FORT COLUM MODIFICATIONS MEV 42000) give written notice to that owner and to OWNER and 2QGINEER ENGINEER will promptly review the Underground Facility and determine the extea if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work C !hange 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 provided in paragraph 6.20. CONTRACTOR dia4may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such ad•usnnem in Contract Price or ContactTimes, CONTRACTOR may make a claim therefor as provided in Articles I i and 12. However, OWNER, F.NGTNEER and ENNGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project Reference Points: 4.4. OWNER shall provide engincering surveys to establish reference points for construction which in ENGINEER'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 charges or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is last 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, Pe8»ieum, Hazardous Waste or Radioadive 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 Drawing or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or In rty 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. 4,3:2--- ACONTRACTOR-shall immediately.-(i)-stop-all such --notice- in-w•ritintg).-- OWNER -shall promptly consult with -ENGL': EERcuncerning- the -necessity for OWNER to retain a qualified expert to evaluate such 'live-eskion,-if-any. CONTRACTORshall-not berequired-to resume Work any -required permits related-th]rekrand -delivered-to thatsueh condition and any -affected -arm -is ores ]teen rerdered so& far the R.W M -onxh1,ers_uFAeF which sue ktud ed solely if (WINkLl And the-smeun oF-GY{Cnt-e4: an add . _ :r .. in . e!�.fren>rlt+mrra�a: n. arec 4.5 CONTRACTOR -does not agree to resume such work based an a feagettable belief it is Or does ne ......L 04- ...d... ' MIA 'mot aNtdif;Fn'r`_.,..11Yf-9fd0r_SIIGh_p0R1,aI�c�f itM seek heaerdems condition or in sueh atleeied area it) lae deleted ffem tlte-WaFit-N'�-XKNhand (APITRA(�T(*-eimnot agreesto entitlement uror-the amountor-extentof an 1, ,.r ,t :j=....a,....a. psf4:..... f die nr...A. Ilion etcher party -may- make -a claim -therefor as -provided in portion-4--the-Work performed -by-OWNER's own forosorothersinaccordan:e with Attiele7- Regulations,-{3WNFI2-shtll--irdatarafy--end-}told hanniess - CONTRAGPOFL - -Smboo tractors. officers directors, employees,, agents. other consultants -and suhcxmtractors of each-und-tiny-or them -from end -against-aN claims, -costs, -losses -and damage arising -out-or--or--resulting from .such ha-mr<ktuscorxlition- act . tint lass or damage is eurilwtable-4o bottily -injury. swinewr tangible p haL._ .L.... the Work itself); ®.rya r•_r_y __-_. ____ including the - loss of use -resulting- therefrom,-- and (ii)-nothing-in his -subparagraph 4.5.4 shall obligate OW7,;hR-to indemnity any person or entity from and against "L Gortsequen ..r .L.. enti" own negligence: �tte�sdeas��askr-er-RadieeekN«A�atcl .,.-,•z•:aa;a;atilte-sita.- EJCDC GENMAL CONDITIONS 1910-S (1990 E41im) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) ARTICLES -BONDS AM MITRANCE Performance, Payment and Other Bondt. 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 CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. ()ONTRACTOR shall also famish such other Bonds as are required by the Supplementary Conditions. All Bonds Shall be m 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 57i1 (amended) by the Audit Staff, Burcau 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 fitmished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 5.3. Licensed Sureties and Insurers; CerYificares of Insurance., 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maimained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorised 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 -.is may be provided in the Supplementary Condition. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain m accordance with paragraph 5.4. OWNER -shall a-r 1'Q4rnnr-Tnn with _ ,...L additturatl-insured -iclemihed-in.die Supplementary or a retlaired to pwoltaseertd-maintaxtine�rtlensewit}n pnnigtnphr 5-6-end-_ - hereof CONMCTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other iruurancc as is appropriate for the Work being performed and famished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and RwnWurg of the Work and CONTRACTOR's other obligations tinder the Contract Documents. whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under wurkers' cumpensation disability benefit- and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or 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; 54.4- Claims-for-damitges- imaued-by-customary -.r,. ,.i... _ �.. r—p .,., m for .r,.... „ ycow feasm 5.4.5. claims for damages, outer 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 arty person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7with respect to insurance requiredl by paragraphs 5.4.3 through SA6 inclusive and_5.4.9, include as additional itmureds (subject to any customary exclusion in respect of professional liabil ty), OWNER. ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5-4.9. include completed operations insurance; EJCDC OENh'RAL CONDITIONS 1910.8 (1990 Edtim) WI CITY OF FORT COLUNS MODIFICATIONS (REV 47[000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs6.12. 6.16 and 6.31 through 6.33; 5.4.11 contain a provision or endorsement that the coverage afforded will not be enriched, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additiorril insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting. removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall famish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 0W7VER's Liability Insurance: 5.5. To addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNERN option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents Property Insurance: ". Uriklsaertharwise-providedin4va %pplementary Conditions,- OWNER- shall- purchase and maintain *pen the Wei4t at the site in themmo—ml of -the -full -replacement -cos -thereof -{subject to sieh dedawtible--emciuras--as__may M--pruvidetl in -the Supplementary -Conditions or required by Laws --end 1egulations).-Thuinsurence shall, 5.61 include---floc---trtterests—of—LDWNER, S9P1 ()D ° +bsantrasions. }SPIt r entities -identified in-ihe Supplementary-C,oralitions, each of whom is deemed to have an insurable-irderest andsi all -be listed as an-irisuredor-addNwna4insirecl: S.A.Z. -be written on it Builder's-,Risft=all-risk'=or arid Workin the fall l �f,•,^- lighten d coverage, theft, vandalism--arxi ma}iciousfnis liar, S.64. - include- expenses incurred in the repair or replacement of arty-insured-pAopaty-(including lwt not r I n_ I L.. ..r s �1 architeows ' fees and -- _. 60A.'afmatefials and the sit or -at anolher-kxetionthat was agreed to -in writing by provided-thm-;uch have been 5-65be ... .ate-a.-eazc-�.'Rtfutel-peyment-s made unless (lii ER .(c iTD AI`T(1D J r.NGPIL'LD Y thirty -der"-'+r--'.`tim*c7.^ ^.,..t,'^^ FO-E96h-Atltar-additlana: iR�l aN- ryureltnsrand mainur n-sueh lto'ticr as may -be required by dte-Supplememary Conditions or 1 Ni 1 4SIRANOFSLTl(_iTfL L'D L-`AJ1 -`IT1'�C,rlr'1D`rt,., _C i J any atLg--tF. ��rt[itK'E dOntified in the upplemenuoy is-deealzclko-laveatrvtvatl�an insuFod OF GddAK*wA-w6uTed -:..:.i L_• maintained-byOWIIER in -accordance with paragraphs 5.05 awerage-afforded--will trot lu cancelled -or matarielly chador renewal refused until at least thirty -days' -prior written rsaliee-'has---been-given to --OWNER and GG�FFRAGTGR and to each Aff-lft�� whom a-oartifroate-d�4nsurenoahas-been-issuer} and will contain - -waiver- _provisions in accordance-- with panIfTh 5. 14- S 9. OWNER shall not be respimsnble for purctmsing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in th- V'M- to ilex c RFa identified -in the Supplementary Conditions. The risk of loser will in sushntiftad�kduot{bleamot n�will-be hr fna such loss oral - if -any -of -them _.wishes -property -insurance coverage -within -the -limits -of such umouras,-eaeh -may purchaseertd meiniam--tat-the purchaseds own e.,gwnse. __4,--a�,E3PFf-I2-AGffZ-reyuesis-in writing,. that vile tharavf-w -by-appropriate Change-(kdar--er�Vritten---Amendlna.,t EICDCOENETAL CONDITIOM 1910-8 (1990 Edition 10 w/ CITY OF FORT OOLLINS MODIMATIONS (REV 412000) commencement -of -the- WoAI -at-the site, OWNER shall in 1 - fYlhiTD A(•T(cD 1.d,L..- ...., Saab ,L.. rrcrv>�ra iru SA I J. OW?FER an 4CON-TRACTOR-intend thatal] policies purchased 4n-accordance with-paragraphs-5.6 Subcommotom- ENG[NEER....--_ENGFNERR's 6ansuhanVstantf insureds -or -additional -insureds -in such policies and to the effe a! the! damage".-eeused �y-the-pertls�vered-thetahy--All �any less OF damage th Uri-iof iu�irerurv�lhereundcf J ct�i�..li ni•�-rio I L._ �+rinr9�i and ,...L .. L.,_ ...1 rLv. �y�tl6tlYa—afflkiCrS direotel�nphiye�-and- i ...I I L. � b� anv=af in —a' SubofNtvastEms, EiNEi I}VTiI� cA,r_n.rccD,.. Consultantsandnil other persons -or er"iesidentifted at the Stipp! Goiefitions to be listed a {asses--anddmnag Tt� waiver May ove�� inantra _ L_IJ Ly __ - - t ---issued.- dw..e other ise pnyable under arny-polpy so 11 IR taiwF68n; QW'MiR weaves all F 8 agttinst— -._GOPITRAOTOR: Subcontractors, RiGRiE�rn rarnlwicnW9 Gens.I...-t_ _r the offioert-drrectom-employees-and egerdfof-any-of them for: of use or...other -consequential -loss extending beyond -direct physical -loss or damage -to arising out of or resuking fram'rre-a-oilier-peril; whether or ran- insured -byOWNGR--and 311�?.—a "damage -to -the --completed ky.at}st-outofer resulting -from fire or other insured peril covered dui--purtial-utiiia#ion--pursuant --to peregraph._I4.-10,- -after-Substantial- Completion pursuanttopwagraph--14.8-or-after fmalpuymenl Hay loss� dam 41 'hi u�tha-avant-aC-payinant lobs; damage or consequer•:-Ir.,Q� : =s_tFd-imn-Arg wiln-have-nirright" recovery against any of-CONTRAC-TOR.. Subcontractors. ENGIN14R 9Nrr919n', Pansiali-ints1 he Ir - Receipt and App6cntion of Insurance Proceec6: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of 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 damagod Work shall be repaired or replaced, the monrys so received applied on account thereof and the Work and the coat thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the patties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers interest, 0 .Acceptance of Bonds and lnsurance• Option to Replace: 5.14. If-92 OWNER has airy object on to the coveragc affbrdai by or other provisions of the Bonds -or insurance required to be purchased and maintained by the CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents, the objectinglmrty-&',&1&3,no y throther party OWVEl _will notity CONTRACTOR in writing within ten fif3e0 n days after rempt dellve�r of the certificates Eon -ether evirlanoe requested) IQ OWNER as required by paragraph 2.7. other -such -additional- iruformation-in-respect.of-insurance paw iced--aw4lle-other may-reivcminlli-requvm Tf either parry does not purchase or maintain -ell -of -the Bonds -anal msumnce-- requireel a�f - such party .by the -Contract Aosume -o hee- rwy-in writing of such failure to purchase prior to the start of the W�kof Of ny� Fherr �wrnd-rev era�lki F or remedv:-Thr outer party- may sled to obtain equivalent 13orrds or insurance- to protectsucholher party's inter, -As at theexNrse (A the partywhowas required to provide such Contract ltrieeeo ofdtr4Jy Partial Utiff7ation-Property Insurance: 5.15. If OWNER firsts it necessary to occupy or use a portion or portions of the Wort: prior to Substantial ECDCOEHRuu,cot X110stvl0At(19roEdtion) ru/ CITY OF FORT C OLL M MODIRCATIONS (KE V 4200a1 Completion of all the Work, such use or occupancy may be accomplished in accordance with paragaph 14.1Q Zovided that no such use or occupancy shall commence bfore the insurers providing the property insurance have acknowledged notice thereof and in writing effmted any charges in coverage necessitated thereby. The insurers providing the property irnur inee 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 Sapervldon and Superintendence• 6.1. CONI•RACI.OR shall supervise, inspect and direct the Work ecmnpetently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the moans, methods, tedmtiquM sequences and procedures of conatniction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competem 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 CONTRACTOR. Labor, Materials and Equipment: 6.1 CONTRACTOR shall provide oompetem, suitably qualified personnel to survey, lay out and Construct the Work as required by the Contract Documents. CONTRACTOR shall at all times mainurin good discipline mid order at the site. Except us otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGME R no less than 48 hours in advance of any Work to be Performed on Saturday, Sunday, Holidays or outside the Regular Workim Hours. SECTION 00510 NOTICE OF AWARD DATE: May 6, 2015 TO: A-1 Chipseal Co. PROJECT: 7417 Asphalt Surface Treatment Project OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid for the above project has been considered and will be renewed. You are the apparent successful Bidder and have been awarded an Agreement for 7417 Asphalt Surface Treatment Project — 2015 Renewal. The Price of your Agreement is One Million Nine Hundred Thirty -Six Thousand Seven Hundred Ninety -Three Dollars and Fifty -Six Cents ($1 936 793.56), which is the sum of Phases 1 and 2. Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by May 21, 2014. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions,,OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contra uments attached. Cityof Fort Coll. s OWNER By: Gerfy Paul" Director of Purchasing & Risk Management 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall famish and assume full responsibility for all materiak equipment, labor. transportation, oumtruction equipment and machinery, tools, appliances, fuel power. Light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, smrt-up and completion of the Work. 6.4.1. purchasing Krstrictios: CONTRACTOR must comply with the City's purchasing restrictions. A coov of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 [twins that suppliers and producers of cement or products containing cement to certify that the cement was not mask in canent kilns that bum hazardous waste as a M. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER, CONTRACTOR shall fumish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and cgmpme t shall be applied, installed, connected, erected, fused cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments 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 Contact Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12 1. Such adjustments may only be made by a Change Order or Written Amendment in accordance withArticle 12. 6.7. Substitutes and "Or -Equal" Ilents: 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 amended to establish the type. function and quality required. Unless the specification or description EJCDC GETh2tAl• CONDITIOM 1910-8 i 1990 Edltim) 12 w7 CITY OF FORT COLLIM MODIFICATIONS (REV 412000) contains or is followed by words reading that no like• equivalent or "or -equal" item or no substitution is permitted other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. 19r-Equal". If in ENGINEER'S sole discretion an item of material or equipment proposed by CONTRACTOR is fitnctiorally equal to that named and Sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or 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 subsritinc items. 6.7.1.2. Subetinule 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 ENGTNFFR to determ unc 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 f'or 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 fast 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 specified and be suited to the same use as that specified The application will state the extent, if any. to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR'S achievement of Substantial Completion an time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or 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 indirsted The application will also contain an itemized estimate of all coals or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. COMMCTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CO.NTRACTOR's expense. 6.7.2. Substitute Contbvclion Melhodt or Procedures: If itrsptciftc means, method technique, sequence or procedue of construction is shown or indicated in and expressly required by the Contract Documeras, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGiNFkR'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, Engineers 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 furnish at C.ONTRACTOR's expense a special performance guarantee or other surety with respect to any "orequal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEM's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1 '3 and 6.7.2 and in making change 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 fox the charges of ENGINEER and ENGINEER's Consultants far evaluating each such proposer) substitute item. 6X Concerning Subcontrudors, Suppliers and Others: 6.8.1. CONTRACTOR shall riot 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 banish or perform any of the Work against whom CONTRACTOR has reasonable objection EJ=CIENERAt. C01,UT10M 191" (1990 Edition) wt pTY OF FORT COLIJNS MODIFICATIONS tall' V2000) 6.9. CONTRACTOR shall perform rtM less -than 20 1�il of Work with its own farces (t}sut is without subcontracting). The 20 percent value be understood to refer to the Work the value of which totals not less than 20 Racenl of the Contract price. 6.8.2. If -the ,Supplements y-Conditions ➢ice Documents require the identity of certain Subcontractors. Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in-advance--of-the-specifted date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINE E —grid—if C-0A LCNG4:0R LMMG'rl{TN 0 liQ theFe 0f 04 OWNER's or ENGiNEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated fer acceptance or objection in the bidding documents or the Contract Documents) of an}`Suhconvt+ster. Supp' ba5as-efreeseneFil. �'..�.,.• -« _w.. a.._ at'eepF8h12tic�.msen—, such -substitution and an -appropriate -Change Order will constitute a condition of the Contract requiring. the of use the conned subcontractors, suppliers or other persons or oWniation on the Work unless Inor written eptxoval is obtained front OWNER and ENGINEER No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work tracer a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts arai omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor. Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization, 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 cr ENGINEER may furnish to anv subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTORS "Applications for payment". 13 6.92. 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 persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Dinwings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 611- All Work performed for CONTRACTOR by a Subs rrtraeYor 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. eddtier�l--nsured-orr8talxopertYin.9uranee-premvided 4n ip a9_L_ c 6 ,._ c .L_ ..�..�.a_. L.....-een t Fhe QP� . _ CONTRACTOR and the Subcontractor or Supplier -will LTI�_gp'IE C LTt(`IT.L�C ��al..nn3�aC�vll__tAlttar All losses and damages eaused by, the Work. -if the -insurers on- uny-such-policies require -- Supplier-, C`r\\'Tp 1!"rllU ..'ll ..t.m:.. d..e..,..,.. Patent Fees and Retwhze& 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,, design process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OW NIM, ENGINEER ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, casts, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention desigm process, product or device not specified in the Contract Documents. EICOC OENFRAL CON iTIOM 19104I (t990 Edttiam 14 w/ CITY OF FORT COLUMMODINCATtOM(REV 412000) Permits: 6.13. Unless otherwise provided in the Supplementary Ccmditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids. on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all dunes of such utility owners for capital costs related thereto such as plant investment fees. 6.14. LawsandReguladons: 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 ENGINF,F,R shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. if CONTRACTOR pertbrms any Work knowing or having reason to know that it is contrary to laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make ccnain that the specification and Drawings; are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15,1. OWNER is exempt from Colorado State and local sales and use__taxes_cm_.materials,_tn_ lie LicrmanenK incor�ora_tal into the project;Said taxes shall not be included in the Contract Price. CONTRACTOR must apply for and receive. a Certificate of Fxemntion from the Colorndo Depa ment of Revenue for construction materiels to be physically incorporated into the_Rroject . This Certification of 1?xemg[iwn_provides that the CONTRACTOR shell neither many nor melude in his Bid,_Seles and Urge Taxes on_those building_arul construction materials Physically incortimted into the proiect. Address: Colorado Department of Revenue State Capita Armen 1375 Sherman Street Vmrcr Colorado- 80261 Sales and Use Taxes for the State of Colorado Regional Tramportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included th the Certification -Alf Exemption All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials VbYsically 6ncomorated into the project are to be paid by CONTRACTOR and are to be included in appropriate bid items. Use of Prenuser 6.16. CONTRACTOR shall confine constructinn equipment. the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and casements, arced shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall sssumc 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 perfannance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shal I, to the fullest cc nt permitted by Laws and Regulations, indemnify and hold harmless OWNER ENGINEER. . IING=- Rs 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 actin legal or equitable, brought by any such owner or ocanpam against OWNER ENGINEER or any Other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work 6.17, During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work At the completion of the Work CONTRACTOR shall ranovc all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not Iced nor permit any part of any structure to be loaded in M- manner that will endanger the structure, too shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will changer it. Record Documentss.• EX4DC GENERAL CONDI OM 19104 O990 E(ttwn) w/ CITY OF FORT COLLINS MODIFICATIONS (tEV 4,70aa) 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 Daectives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference Upon completion of the Work, and prior to release of final payment, these record documents. Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection 6.20. CONTRACTOR shell 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 oC and shall provide the necessary protection to prevent damage, injury or loss to: 6.20,1. all persons an the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6-20-3. odor 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 lass; 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, ury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Corsuluint 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 arty Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Represenwfive: CONTRACTOR shall designate a qualified and wgxTienced safety representative at the site whose dudes and responsibilities shall be the prevention of accidents and the maintaining and supervising of safely precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to he made available to or exchanged between or among cmtplq,,crs 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 arty 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 w Change Order will be issued to document the consequences of such action 6.24, Shop DrawingsandSampfes: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements The data shown on the Shop Drawings will be complete with respect to quantities, dimensions. specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment 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 subunit Samples to ENG]NEER 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 EJCDC GENERAL CONDITIONS 1910-9 (1990 Edition) 16 w1 CITY OF FORT (,'QLLIN5 NIODIFICAITONS (REV 42000) purposes required by pamgaph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6,25. Submraaf Procedures. 625.1. 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, 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR his 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 sptcifrc written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and S:anple submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawinp;s and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, 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. ENGINEER's rniew and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means method technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a sepazate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections ratted for by ENGINEER on previous submittals. 627. ENGINEER'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 attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Thawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9. any related Work performed prior to ENGINFERs review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOK 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 writing. (.30. CONTRACTOR's General Warranty and Guarantee.' 6.30.1, CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CON'TRACTOWs 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 Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in MI)C GENLRAL CONUMONS 1910-8 (1990 Edtimt w/ UTY OF FORT COLUM MODIFICATIONS (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. obsmatiors by ENGINEER. 6.30.2.2. recommendation of any progress or final payment by ENGINEER. 6.30.2.3, the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR undo the Contract Documents-, 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so: 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuam to paragraph 14.13; 6.30.2.7. any inspection, test or approval I)y others; or 6.30.2.9. any correction of defective Work by OWNER Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER. ENGINEER ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution casts) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cast loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in pan by any negligent act or omission of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In 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 Subcauractor, any Supplier, any person or organimtion directly or indirectly employed by 17 any of theist to perform or furnish any of the Work or anyone for whose acts any of then may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any, such Subcontractor, Supplier or other person or organisation under workers compensation ads, disability benefit acts or other employee benefit ads. 6.33. The indemnification oblit•,ationts of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants officers, directors, employees or agents caused by the professional negligence, errors or emissions of any of them. SunnW of Obligations• 6.34. All representations, indemnifications, warranties and guarantees made in required by or given in accordance with the Contract Document.-, as well as all continuing obligations indicated in the Contmd Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTTfiER WORK Related it'ork at Sher 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 similar to these, or have other work performed by utility ors. If the fad 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 (d) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties arc unable to agree as to the amount or extent thereof 7.2. CONTRACTOR shall afford each other contractor who is a parry to such a direct corgract and each utility owner (and OWNER if OWNER is performing the additional work with OWNERS employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly conned and coordinate the World with theirs Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts came together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only cut c r alter their work with the written consent of ENGINEER and the others whoa work will be affected. The duties and responsibilities of CONTRACTOR taller this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable VCDC OEINIFRAL CONDITIOM 191"(1990 E&kn) 18 WICITY OF FORT COL1.1NS MOMICATIONS (REV 412000) 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 trader 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 notrnpparent defects and deficiencies in such other work. Coordinarton: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will beset forth in Supplemcnmry Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8—OWNER'S 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of 0qGFNEER, OWNER shall appoint an engineer against whom.-�T-0R-stakes- reasomble-objection, whose status under the Contract Documents shall be that of the former ENGINEER 83. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNERs duties in respect of providing lands and easements and providing engineering serveyyss to establish reference points are set forth in paragraphs4.l and 4.4. Paragraph 4.2 refers to OW'NER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface corxinmons at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. forth -in paragraphs55 through SJ 0. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13 4 S.K. In connection with OWNER's right to stop Work or suspend Work, sec paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNEWs 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 Wok in accordance with the Contract Documents. arrangements -haver -beer[ -made to satis€y--OLVNIR!s responsibility -in raspaot-thereof will be asset forth -in -the Supplementary Conditions. ARTICLE 9-INGiNFER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER Mid ENGINEER bieits to Site: 92. ENGINEER will make visits to the site at intervals aMate to the various stages of construction as GG EII2 deems necessary in order to observe as an experienced and qualified design professional the progress EJCUC GENEK A tL C'ONDIVONS 1910-8 (1990Edition) w" C7TY OF FORT COLLINS MODIt7CATIONS (REV 42aW) 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 Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. HNGINEFR's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph ragraph 9.13, and particularly, but without limitation during or as a result of ENGINEER's on -site visits or observations of CUNTRACI.OR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, tcchniques� sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with laws and Regulations applicable to the furnishing or performance of the Work. Project Representative.• 93. If OWNER and ENGTNTFF.R agree, FNGTNrFER will furnish a Resident project Representative to assist ENGINEER in providing more continuous observation of the Wok. The responsibilities and authority and limitations thereon of any such Resident project Representative and assistants will be as provided in paragraphs 9_3. and 9.13 C-onditkxB of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGMEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in die littpplerteentary Gmidi6e ymagmpUl 931 The Reoresentative's dealvh¢s in matters pertaining, to the on -site work w ll in general, be with the ENGINEER and CONTRACTOR But. the Representative will_ keep theO!A�, _WffJy advised about such matters._The Representative's dealings with subcontractors willl only be through or with the _full _knowied>;eand- _approval of the CONTRACTOR 932 Duties and Respurtsibilities. Representative will: 9.3.2.1. Schedules - Review the progress 19 F schedule and other schedules prepared by the CONTRACTOR and consult_ with the ENGINEER concerning acceptability. 9.3.2.2. Conferences anal Meeting - Attend meeting with the CONfRA(,,rOR such as prewrutruction conferences,_p;pgeva_meeting and other iob conferences and prepare and circulate copies of minutes of meetings 9.3.2.3. Liaison 9.3.2.3.1 Serve as ENGINF.FER'S_ liaison with CONTRACTOR workers priTwipally through CONTRACT60 superintendent to assist the CONTRACTOR in understanding the Contract Documents. Q} 2 3 Assist in obtaining from OWNER additional details or information, when required. for proper execution of the Work. 93.2.3.3. Advise the FNGIN F.FR and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or semnle submission if the submission has not born approved b the FNGINEER 9.3.2.4.RevieY-9f Wcrk. $sj;94'- __of Defe_-S Ve, Work trspeetians and Testa - 9.32.4.1. Conduct on -site observations of the Work in oroeress to assist the ENGINEER in determine that the Work is oeecdin accordance with the Contract Documents. 93.2.4.3. Accompany visitirrg_jugglgrs representatg public or other agencies having jjssdeetion over the_RogggLyeecrd t}te results ]T1of thGINEeseEeRnsoeations and report to the 93.2 5 Trterprelation of Conrad Docnaneras. Report w �TGINEQt when clarifications and interpretations of the Conlmcl Documents__,_ are _needed and transmit to CONTRACTOR clanfication and entevretation of the Contract Documents as issued by the l�CHt�!?3;4 93.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for EICDC OENERAL CONDITIONS 1910-8 (1990 E(Iltim) 20 w/ CITY OF FORT COLLINS MODIFICATIONS (ttEV 412000) modification in Drawings or Specifications and report these recommen�tions toNGINEER, Accurately transmit to CONTRACTOR decisions issued by the ENGINEER 9.3 2 7. Records 9 3 2.$-RSRQt 14. 9 3 2 81 Furnish ENGINEER pe�jodic re — as uirrecd of the pro> nss oLttbe Wok and - of the CANTR&C7. y�gpliatrce with the oDggess schedule and schedule of shop Draw' and sample submittals. 93 2.8 2. Con. is it wiIhJWGGNL•ER en advance of scheduft major tesLS Inspections or wt of emoortant phases of the Wok. 9.328.3. Drift proposed Change Orders and Work Directive Char�gr es obtam ng backup material from tlpe CONTRACTOR and recommend to ENGINEER Change Orders Work Directive Changes and field orders. 93.2.8A. Report immediate] to ENGINEER and 01YNl12. _rrence__occuof any accident. 9 3 1 9 Payment Requests Review applications fo naymcn, with CONTRACTOR for compliance lance with the established procedure for their submission end forward with recommendation to ENGINEER. n Particularlythe relationshi of the payment reciuesteSl -to-the adt_edu)e_Qf values, work completed and materials and egtuMent delivered at the site but not inc � notated m the Work 9.3.2.10. Comoletioa 93 10.1. Before ENGINEER issues a Certificate of Substantial Cumniction submit to CONTRACTOR a list of observed items requgina correction or completion. 9.32,10.2. Conduct final inspection in the company of the ENGINEER, OWNE2 and CONTRACTOR and rp dare a final list of items to be corrected or completed. 9.3 2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority' The Representative shall not: 9.3.3.1. Audtorize -amL deviations from the Contract Documents or accent any substttuie 1�vals.s� �iu�ptan_mt�sutle�s_Qushotized_4.�ti1c ENGINEER 9.3.3 2, Exceed limitations of LNGINEER'S authority as set forth in the Ccntract Documents. 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR Subcontractors or CONTRACT.OIr`$_superuttendept 933.4. Advise on ar issue duectionsle tyg to_ or as�ume control ova any aspect of the means, method% techniques, sequences or pLg0Lk s for cond uction uralSW_&u4h_ is si=ifically called for in the Contract Documents, 9.3.3.5. Advise an or issue directions pfge.Som or assume conmol over safety Lrecautiwts ardprogr ms in connections with the 93.3.6. Accept i2A o DrawinW�or sample submittals from anvone other then the CONTRACTOR 93.3.7. Authorize OWNER to occupy the Wok in whole or in can. 9.3.3.8. Participate in speclalixed field or labomtry tests orunoections conducted othem CxCCpI as specifically althon the e1 M aM Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the FJCDc oENLM coImITIOM 1910$ (1990 Edaior) wt a TY OF FORT COLLARS MODIFICATIONS (REV 42000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may dd=me necessary. which shall be consistent with the intent of and reasonably inferable from the Contract Documents- Such written clarifications and interpretatiuru 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 extent thereof if any OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variadans in Work 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price ur the Contract Tunes and are compatible with the design concept of the completed Project as a functioning whole as 'indicated by the Contract Documents. These may be accomplished by a Field Order and will 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 parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting De ECMIe Work 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER bcheves to be ckfective, 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 Paymenrs 9.7. In connection with ENGINEEts authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGRNEER's authority as to Charge Orders, see Articles 10.11. and 12. 9.9. In connection with ENGI NEER's authority as to Applications for Payment, tee Article 14. Deternunationsfor Drat Prices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will rcvicmv with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rrnc4n g a written decision thereon (by recommendation of an Application 21 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 6`h day of May 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 A-1 Chipseal Co. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK Renewal. This Agreement is a renewal of the Agreement entered into between the parties on the 15th day of August, 2012, entitled Asphalt Surface Treatment Project, Bid No. 7417, City of Fort Collins (hereinafter called The 2012 CONTRACT)and all portions interpreted as if the same were attached hereto. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7417 Asphalt Surface Treatment Project. This renewal is authorized pursuant to Article 3.1.1 Contract Period, of the 2012 CONTRACT. This Agreement shall be effective on the date this Agreement is signed by the City, and shall continue in full force and effect until April 30, 2016. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Streets Department who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year period not to exceed one (1) additional one year period. 3.2 The Work shall be Substantially Completed in two (2) phases. Each phase will be Substantially Complete in thirty (30) consecutive working days from Notice to Proceed during May1, 2015 through September 30, 2015 after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within Thirty -Five (35) calendar days after the date of Substantial Completion for each phase. 3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR tulles, within ten days alter the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from fiNGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a fomUM of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEERs 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 Disputes: 9.11. ENGINEER will he the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles i 1 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of rreh stash claim, dispute or other matter will be delivered by the claimant to 1TIGINEER 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 therein and written supporting data will be submitted to ENCrfNEER 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 parry 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). ENG WEER will render a formal decision in writing within thirty days after receipt of the opposing parry's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (u) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGI14EER'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 tosuch claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EXDC OENEM CONDITIOM 1910-8 (090 E(lition) 22 w! CITY OF FORT COt.0 M MODIFICATIONS (REV 42000) decision, taxless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragraphs9.10 and 9.11, ENGINEER will not slow partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any, such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have tinder the Contract Documents or by Laws or Regulation in respect of any such claim, dispute or other matter puFsaertt-to Artiwle 16. 9.13. Limitations on ENGIM R's Authority and Re§ponsiWitles: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under am 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 ENG131EER to CONTRACTOR, any Subcontractor, any Supplier, any other person or orgarimAtiom or to any surety for or employee or agent of any of them. 9.13.2. bNGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequencers or procedures of construction, or the safety precaution and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishingg 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. 9.133. 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 instruction 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 shut their content complies with the requirements of, and in the case of certificates of inspection, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5, The limitation upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10 -CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Wok. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order. or a Work Charge 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 Contract Times that should be allowed as a result of a Work Change Directive, s claim may be made therefor as provided in Article I 1 or Article 12. 10.3. CONTRACTOR shall not he entitled to an incrcrsc in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract 1�cuments as amended, modified and supplemented as provided in paragraphs 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 recommenced by ENGLNEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (u) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (W) agreed to by the paniex 10.4.1 changes in the Contract Price or Contract Times which are agreed to by the parties; and 104.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CONTRACTOR shall cam on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents etCDCUENeRni(-oru MOM1v1"(1990Edition) w/ CITY OF FORT COLW M MODIRCATTONS OLEV 420M) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giviN N. of am, such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Nice constitutes the total compensation (subject to auuhorixd adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assiggnned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without charge in the Contract Nice. 112. The Contract Price may only be changed by a Change Order or by a Written Amendment My claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other parry and to ENGINEER promptly (but in no event later than t} rtv days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claw. 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 wriuen statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise apse on the amount involved. No claim for an adjustment 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 priers 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 11.93, inclusive): 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may, include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2). 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cruz of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cos of the Work. 11.4. The term 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 higher than those prevailing in the locality of the project, shall include only the following items and shall not include any of the casts itemized in paragraph 11.5 11.4.1.Payroll casts for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include Wtnat 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 arxlretirement benefits, bonuses, applicable thereto. The expenses of perfuming Work after regular working hours, on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall acxue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, FXDCOENEIM COMHTIONS 1910-8 (1990 Edition 214 w! CITY OF FORT COLL11a MODIFICATIONS (REV 4/1000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER which bids, if any, will be accepted If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR'S Cost of the Work and fee as provided in paragraphs l l.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, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following. IIA5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mairttenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the sue and hard tools not owned by the workers, which are consumed in the performance of the Work, and cast leas 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 pans thereof whether rented faun CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER and the cis of transportation loading, unloading, installation• dismantling and removal thereof —all in accordance with terms of .said rental agreements. The rental of any such equipment. machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations 11.4.5.5. Deposits out for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of than or for whose acts any of them 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 Wort:, 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 accordance with paragraph S91 provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of theist or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such lasses, damages and expenses shall be included in the Cast of the Work for the purpose of determining CONTRACTOR's fee. IC however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge therm[ 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. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, cxpressagc and similar Perry cash items in connection with the Work. 11.4.5.9. Cast of premiums for additional Bonds and insurance required because of changes in the Work- 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll 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, timckeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in C.ONTRACTOWs principal or a branch off -ice for general administration of the Work and not specificallyy included in the agreed upon schedule of j% 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 CONTRACTOR'S principal and branch offices other than CONTRACTOR'S office at the site. 11.53. Any par of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to chase and maintain the same (except for the cast or4iums covered by subparagraph 114.5.9 above). E)MC GENERAL COMNMONS 1910-8 (1 J70 EQaionl cal CITY OF FORT COL.INS MODIFICATIONS (REV 4/2000) 11.5.5. Costa due to the negligence of CONTRACTOR, any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work Sal of materials or equipment wrorsupplied mmiy 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 11A 11.6. •fhe CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows• 11.6.1. a mutually acceptable Cured 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 11.42, the CONTRACTOR's fee shall he fifteen percent; 11.6.2.2. for onus incurred under paragraph 11.4.3, the CONTRACTORS fee shall be five peaoent; 11.6.2.3, where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs I1.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Wort:, at whatever tie, will be paid a fee of fifteen percent of the costs inured by such Subcontractor under paragraphs 11.4.1 and 11 A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of -five -percent of Nte-emount�eid to d e-nwd4owertierSubcontractor- to be negotiated in flood faith with the O�Ii� n not to erected five Dcreent of the amount paid to the next lower tier Subcontractor. 11-6.2.4. no fee shall be payable on the basis of casts itemized under paragraphs 11 A.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 charge, the adjustment in CONTRACTOR'S fee shall be computed on the basis of the net change in accordance with Paragraphs 11.62.1 through 11.6.2.5, inclusive. ll.T Whenever the cast of any Work is to be 25 determined pursuant to paragraphs 1 l.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 Item ized cost breakdown together with supporting data. Cash Alloannce . H.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site. and all applicable lases: and 11.8.2. CONTRACTOR's casts for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. [',air Price Wak 11.9.1. Where the Contract Documents provide that al I or pan 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 sum of the established tacit 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 Price. 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 CONTRACTORS overhead and profit for each separately identified item. 11.93.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article i i if. 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; FXDC GENERAL CONDITIONS 1910-811990 EM011) 26 w/ CITY OF FORT COLUNS MODIFICATIONS (RFV 42000) 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. 1193.4. CONTRACTOR acknowledu s that the OWN F,R has the right to add or delete items in the Bid or change quantities at OWNERS sole discretion without affecting the Contract Price of am remaining item so long as the deletion or addition does not exceed twentv-five mercettt of the original total Contract Prig. ARTICLE 12—CHANGE OF CONTRACT TIMIES 121. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Artyy claim for an adjustment of the Contract Times (or hlesiones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly lout 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 he delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the 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 Times (or Milestones) shall be determined by FNGTNEER 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. 12.2.. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Tunes (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 paregmW 121. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics abnormal weather conditions or acts of Gad- Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time last due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, foes, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors perform ing other work as contemplated by Article 7. ARTICLE 13—TESTS AMID INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFIEGTIVE WORK 13.L Notice efDeferrs• Prompt notice of all �feefive Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected corrected or accepted as provided in this Article 13. Aceea to Work• 13.2. OWNER, ENGINEER ENGINEER's Consultants, other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable -limes 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. Teas and Insper rion 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or apprtivals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER. shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspection; conducted pursuant to pamgmph 13.9 FXIX GENEKAL CO?"MOM 191" (1990 Edtion) w/ aTY OF FORT COW M MODIFICATIONS (MV 4t2a0a) below she➢ be paid as provided in said paragraph 13.9; imd 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such impactions, tests or approvals, pay all costs in connection thereµith, and furnish ENGINEER the required certi5cuics of inspection. or approval. CONTRACTOR shall also he responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGI EER's acceptance of materials or equipment to be incorporated in the Work. or of materials, mix designs, or cquipm mesubmitted for approval prior to CONT CTOR's purchase thereof for incorporation in the Work. 13.6. If arty 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 requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONT'RACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover The saute 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 INGINEER, be uncovered for ENGINEEWs 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 EINTGINEER'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, famishing all necessary labor. material and equipment If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs• losses and damages caused by, arising out of or resulting Gam such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract price, and if the parties are unable to agree as to the amount thereof; may make a claim therefor as provided in Article 11. If. however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contact Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, e. osure, 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 I I and 12. OWNER May &op 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 fiarnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause fix such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or arty surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, lasses and damages caused by or resulting front such correction or removal (including but not limited to all costs of repair or replacemert of work of others). 13.12. Correction Period 13.12.1. If within ane-year 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 terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cast to OWNER and in accordance with OWNER's written instructions: (i) cared such defective Work, or, if it has been rejected by OWNER remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in am 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. ants, lasses and damages mused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR- 13.12-2- In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work the correction period for that item may stint to rim from an earlier date if so provided in the Specifications or by Written Amendment. 13.123. Where defective Work (and damage to other EXDCOENEMCONDITIONS lnlo-3uvvaedt m) 78 wlCITY OF FORT COW NS MODIFICATIONS(RLV 412000) 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 eno year two years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work., 13.13, If, instead of requiring correction or removal and replacement of defective Work, OWNER (aryl, prior to ENGINM's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, lasses and damages attributable to OWNER's evaluation of and determination to accept such *fectrve Work (such acts to be approved by ENGINEER as to reasonableness). If any such acceptancc occurs prior to ENGINEER's recommendation of final payment- a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the nine= thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such rcaxnmcndation, 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 raJected Work as required by ENGINEER in: cc with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract, Documents. OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's representatives. agents and employees, OWNER's other contractors and ENGINEER aril ENGINEER's Consiltants access to the site to enable OWNER to exercise the rights and remedies tender this paragnQh All claims, costs, josses 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 parries 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 trill include but not be limited to all costs of repair or replacement of work of others destroycd or damaged by correction, removal or replacement of CONTRACTOR's dfefectaw Work. CONTRACTOR shall not be allowed an extension of the Contract Tunes (or Milestones) because of any delay in performance of the Wort: attributable to the exercise by OWNER of O WNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Scbedvk of 114b=. 14,1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGMEML Progress payments on account of Unit Price Work will be baud on the number of units completed. Apph=fton for Pmgrea Paymmt 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agree to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER- The amount of retainage with respect to progress payments will be as stipulated in the Agreement. And• funds that. are withheld by the OWNER shall not be subsea to substitution by the CONTRACTOR with securittm or anyarran��anents invol`16 _v —wI Vxxrnv or wstod arch g�Dy_ executing the application ff men Form the CONTRACTOR teorealy waives his right to the benefits of Colorado Revised Statutes Section 24191-101 et seg.— CONTR4CTOR's Wmranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Wart, materials and equipment covered by any Application for Payment, whether incorporated in the Project cc not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review ofApplieaftom forProgress Payment 14.4. ENGINEER will. within ten days after receipt of each Application for Payment, either indicate in writing n recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEERS recommendation the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNPY, hosed on ENGINEER's on -sits observations of the executed Work as an experienced and qualified design professional and on ENGTNEER's review of the Application for Payment and the accompanying data and schedules. that to the bat of ENGINEER's lmo wledge, 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 qualificatixns stated m the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is EN'GINEER'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 inspections 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 (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment. shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for 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 i( in ENGINEER's opinion it would be incorrect to make the reptessentations to E1CDC Ge4B AL. COIminONS 19105 (1990 Sclition) 29 W/ CITY OF FORT COLUM MODIFICATIONS (REV 42000) OWNER referred to in paragraph 145. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is 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 defec&e Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the everts enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACfOR's performance or furnishing of the Wok, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of an of the events enumerated in paragraphs 14.7.1 tMroatgh 14.7.3 or paragmphs 15.2.1 through 152.4 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 OWNER. and CONTRACTOR when CONTRACTOR carreas to OWNER'.s satisfaction the reasons for such action Subdandal Cornpledon: 14.8. Wlwn CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGD=- shall make an inspection of the Work to determine the status of completion. If ENGINEER dos not consider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EXDC GENERAL CONDITIONS 1910-5 (1990 Edition) 30 w/ CITY OF FORT COLLINS MOD1FiCATIONS(REV 42000) considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Subslartial Completion which shall fir the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list If, after considering such objections, ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days alter submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If. alter consideration of OWNER'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 tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment lwtween OWNER and CONTRACTOR with aspect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees Unless 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 until 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 on the tentative list Partial Utifizadon: 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 (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR'S performance of the remainder of the Work, may be accomplished prior to Substantial Completion of a0 the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. if CONTRACTOR agrees that such part of the Work is substantially complete. CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.R 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 pan of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final laspecdon: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all 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 Paymem: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees. Bonds, certificates or other evidence of insurance required by paragmph5A, certificates of inspection. marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for furl payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subpuragraph 5.4.13, (ii) 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: () 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 EXI)C OENERAL CONDITIOrls 1910-8 (1990 E(lition) wt QTY OF FORT COLLIM MODIFICATIONS 0LEy 4r1000) to furnish such a release or receipt in full, CONTRACTOR may famish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to rrttaliu_pgvment are to be submittal on forms conforming to the format of the O WNF.R'S standard Carins bound in111e Proyectm. annul. Final Payment and Acceptance: 14.13 If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGiNEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwtse, 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 fort and substance and with ENGINBER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 17.6.2 of these Qer ),Q9ltditiQr%. 14.14. If, through no fault of CONTRACTOR final completion of the Wok is significantly delayed and if ENGINEER so confirms, OWNER shag 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 My completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the relainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1. the written ecmsent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1.a waive' of all claims In- OWNER against CONTRACTOR except claims aris ng from unsettled Liens, from &fecme Work appearing after 31 They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Dollars ($1,000.00) for each calendar day or fraction thereof that expires after the Work shall be Substantially Completed in each phase. Each phase will be Substantially Complete in thirty (30) consecutive working days from Notice to Proceed during May1, 2015 through September 30, 2015 until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the Thirty Five (35) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance after the date of Substantial Completion for each phase. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Million Nine Hundred Thirty -Six Thousand Seven Hundred Ninety -Three Dollars and Fifty -Six Cents ($1,936,793.56), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any ssppeeccial guarantees specified therein. or from CONTRACTOR's continuing obligations under the Contract Documents. and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsealed. ARTICLE 15-SUSPENSION OF WORD AND TERNUNATION OWNER May 3a>u and Work. 15.1. At any time and without cause. OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Termutwe: 15.2. Upon the occurrence of any one or more of the following ever6s: 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 failure to adhere to the progress schedule established under paragraph29 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Taws or Regulations of any public body having jurisdiction 15?.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2A. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, alter giving CONTRACTOR (awl the surety, if any) seven days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTORS tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored rat the site or for which OWNER has paid EJCDC GENERAL CONDITIONS 191" (1990 Edition) 32 w/ CITY OF FORT COLLINS MODIFICATIONS(REV 412000) 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 arty 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 1»- 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 tlus paragraph OWNER shall not be required to obtain the lowest price for the Wort: performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Arty retention or paymem of moneys due CONTRACTOR by OWNER will rmt release CONTRACTOR from liability. 15.4. Upon seven days written notice to CONTRACTOR and F.NGNMER, 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 reasoratble sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15A.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 Srop Work or Te rare: 15.5. It through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER. fads to act on any Application for Payment within thirty clays after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any stun finally determined to be due, then CONTRACTOR may, upon seven clays' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINE MI has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty, days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOincluing+ interest thereat. 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 expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the anent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise tinder this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—hIISCELLANEOUS tiring 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 Cum, or to an officer of the corporation for whom it is intended or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days. it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction such day will be omitted from the computation EJCDC GENERAL coM)ITI O s 191" (1990 Foltien) w/ aTY OF FORT COLUNS MODIFICATIONS MEV 42000) 17.2 2. A calendar day of twenty-four hours measured fiom midnight to the next midnight will constitute a day. Notice of Claim: I73. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of airy error, omission or ad of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of am, applicable statute of limitations or repcse.Cumulative Remedies: 17.4. The duties and obligations unposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, aid in particular but without limitation, the warnmties guarantees and obligations imposed upon CONTRACTOR by paragraphs6.12.6,16.6,30, 6.31, 632, 13.1, 13.12,13.14, 14.3 and 15.2 and all of the rights and remedies availahle to OWNER and ENGTNEF.R thereunder, are in addition to, and are not to be construed in any 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 Docum ents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included• 17.5. Whenever reference is made to "claims, costs, losses and damages', it shall include in each case, but not be dim ited to, all fees and c"es of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. of the State of Colorado gpply qt tlgs Aeernent. Reference to two pertinent Colorado statutes are as follows: 17.6.2. If a claim is filed. OWNER is required by law (C"RS 35-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hire. sustenance, provisions, provender, or other suppli used or consumed by CONTRACTOR or his 33 FaCDC OENncAL CONDITIOM I9I0$ (1990 E�ditiL-on) 34 wl CITY OF FORT COLLINS MODIFICATIONS (kEV 4Y2000) (This pasc Icft blank intcntimallp.) EJCDC GENERAL COhDIIIONS 1910-8 (1990 Edilim) 35 W1 aT Y OF FORT COLLI M MODIFICATIONS (REV 417000) EJCUCOENERAL CONDITIONS 1910-9 (1990 Edition! 36 w/ CITY OF FORT COWNS MODIFICATIONS QtEV 42000) EXRIBff GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPLTE RESOLUTION AGREEM1fLNT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the C arract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of fmal payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or coment to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or othor 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 an 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 nor been rendered by ENGINEER 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; and 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 emered 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 an paragraph 162 as applicable, and in all other cases within a reasonable time after the claim. dispute or other matter in question has arisen, nnnd in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. FjcDcoeNERA1,coNDnnoNs191o4o99oE umn w! CITY OF FORT COLUNS MODIFICATION$ (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, E*`d NEER'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. I. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this pnragraph; but no such consent shall constitute consent to arbitration of anv dispute not specifically described in such consent or to arbitration with any party not specifically idemifeed in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEEWs 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 than 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'), 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 arid ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -A I EXMC GENERAL CONDITIONS 1910.8 (1990 Edition) OC-AI w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 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). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Asphalt Surface Treatment Project — 2015 Renewal CONTRACTOR: A-1 Chipseal Co. PROJECT NUMBER: 7417 DESCRIPTION. 1. Reason for change: 2. Description of Change: _ 3. Change in Contract Cost: 4. Change in Contract Time ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: cc: City Clerk Contractor Project File Architect Engineer Purchasing 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: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: $0.00 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 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 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 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 U No Text 2015 ASPHALT SURFACE TREATMENT PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summaryof Work 01040 Coordination 01310 Construction Schedules 01330 Survey Data 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 1-2 General Requirements 3-4 General Requirements 5-6 General Requirements 7 General Requirements 8-9 General Requirements 10 General Requirements 111-12 General Requirements 13 General Requirements 14 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of the placement of Chip Seal, Slurry Seal or Cape Seal on residential streets and parking lots as shown in Section 3500, Project Maps. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 5:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours which is not authorized by the Engineer shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field Engineer and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior to excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Tom Knostman and/or Bennett Ashbaugh will be the Pavement Engineer/Project Manager for the City of Fort Collins. Tom Knostman 970-221-6576 Mobile 970-679-7947 Bennett Ashbaugh 970-221-6615 Mobile 425-241-3697 F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractors convenience. General Requirements - Page I of 14 SECTION 01010 SUMMARY OF WORK UTILITIES Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Public Service Company of Colorado 482-5922, 221-8553 Telephone: U.S. West Communications 484-0300,226-6310 Traffic Operations: City of Ft. Collins, Colorado 221-6608 Cable Television: Comcast 493-7400 *Utility Locates Under One -call System 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: 221-6550 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 END OF SECTION Latimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 General Requirements — Page 2 of 14 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Preconstruction 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 Subcontractor supervisors assigned to the project. 3. The Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Engineer shall introduce the project Representatives. B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. The Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. 1.3 PROGRESS MEETINGS A. Contractor and the Engineer shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Resident Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. General Requirements — Page 3 of 14 SECTION 01040 COORDINATION C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements — Page 4 of 14