Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
551289 ALL PRO SEALING & ASPHALT - CONTRACT - BID - 7290 CRACK SEAL & FILL PROJECT 2012 (2)
• City Of Fort Collins Purchasing Is* Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fort Collins. CO 80522 970.221.6775 970,221.6707 fcgov.com/Purchasing SPECIFICATIONS . IAf CONTRACT DOCUMENTS FOR CRACK SEAL & FILL PROJECT — 2016 Renewal BID NO. 7290 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 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 SECTION 01340 SUBMITTALS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Project Engineer will not accept submittals from anyone but the Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Review status designations listed on Project Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN: Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. • 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Project Engineer's notations. Contractor is to proceed with the Work in accordance with Project Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. U 3. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Engineer reviews such submittals for general information but not for substance. 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Three (3) copies minimum, two (2) copies which will be retained by Project Engineer. General Requirements - Page 8 of 16 SECTION 01340 SUBMITTALS 1.4 RE -SUBMISSION REQULREMENTS A. Make corrections or changes required by Project Engineer and resubmit until accepted. B. In writing call Project Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing, call specific attention to revisions other than those called for by Project Engineer on previous submissions. END OF SECTION General Requirements - Page 9 of 16 • SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as required for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval shall not be incorporated into the work. B. The contractor and sub -contractors shall have visible company names on all vehicles that enter the work zone. C. All materials or equipment proposed to be used may be tested at any time during their preparation or use. 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. D. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). E. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of their subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractors' control system shall specifically include all testing required by the various sections of these Specifications. General Requirements - Page 10 of 16 SECTION 01410 TESTING B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself/herself that the construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to the Engineer weekly. END OF SECTION General Requirements - Page I 1 of 16 SECTION 01510 TEMPORARY UTILITIES • 1.I UTILITIES • A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 12 of 16 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. Review the requirements of Section 108. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. Startup of the hot pot shall be in accordance with Section 108. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing material. The Contractor shall be respectful to pedestrians and bicyclist when sweeping road surfaces. The Contractor shall cease operation till the citizen has cleared the area. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. I. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage and Erosion Control Manual (latest edition). General Requirements - Page 13 of 16 SECTION 01560 TEMPORARY CONTROLS • 1.5 TRAFFIC CONTROL • A. Maintain traffic control in accordance with the latest revisions of the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govem. 1.6 PARKED VEHICLES Refer to Revision of Section 104 for issues related to parked vehicles. END OF SECTION General Requirements - Page 14 of 16 SECTION 01700 CONTRACT CLOSEOUT LI CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request records, photographs, and written descriptions of said work as may be required by the Engineer. Documents shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page 15 of 16 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance including traffic control. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment, tools, and traffic control personnel and equipment; and performing all labor and supervision to fully complete the work. C. Unit prices shall govern over extensions of sums. Refer to the "Project Specifications" documents to define payment items. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. • B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise, on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount thereof. 0 END OF SECTION General Requirements - Page 16 of 16 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (latest revision), and the current Larimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications" or "LCUASS") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Control of Work 108 Prosecution and Progress 208 Erosion Control 408 Crack Sealant & Crack Filler 627 Pavement Marking 630 Construction Zone Traffic Control Project Specifications- Page I of 22 0 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: ►ZnT The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the is 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. 0 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows: MAINTAINING TRAFFIC Subsection 104.04 shall be revised to include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic; the street(s) shall be posted for "NO PARKING". "NO PARKING" Signs shall be placed at a minimum of 100 foot intervals. The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly state the type of work, date and times that the sign is in effect. (For example, if a street is to be crack sealed on Wednesday, September 6, the street shall be posted no later than Tuesday, September 5, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, DULY 2, 7:00 A.M. TO 6:00 P.M., CRACK SEALING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic after all clean-up operations have been completed. All information on the "NO PARKING" signs, with the exception of the type of work, date and times shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING" signs shall be in effect for one or two days only. In the event the Contractor deems it necessary to remove a vehicle that has not adhered to the "NO PARKING" notification, the Contractor shall first make every reasonable effort to locate and contact the owner of the vehicle. Should the Contractor be unable to locate the owner of the vehicle, the Contractor should notify the Engineer to arrange for any required towing. If the "NO PARKING" sign has been in place for a minimum of 24 hours, the City will make every reasonable effort to remove the offending vehicle within four (4) hours of notification by the Contractor. The Contractor shall not be entitled to any additional compensation for delays associated with the towing of illegally parked vehicles. The Contractor shall have an approved Traffic Control Plan on site at all times. Traffic control signage on the construction site shall be set up in accordance with the approved traffic control plan and in accordance with the specifications. Work performed by the Contractor without an approved traffic control plan or when "No Parking" signs have not been placed as required by the specifications shall not be paid. The Contractor shall also be subject to a pay deduction of up to $1,000.00 per occurrence per day for traffic control not in compliance with referenced specifications or requirements contained herein. Issues subject to deductions may include but are not limited to: Traffic Control Supervisor not on the project site at all times (unless pre -approved by the Engineer) An approved traffic control plan not on site Traffic control device set up by flagging personnel unless assisting the Traffic Control Supervisor Traffic control signage not set up in accordance with the approved traffic control plans Inadequate flagging and/or flagging equipment The Engineer shall issue a written warning to the Contractor, subcontractor, and/or Traffic Control Supervisor documenting the type of violation and the Engineer shall determine the deduction amount based on the Engineers' opinion of the infraction severity and the number of previous infractions. Upon issuance of the third violation, the Engineer may request removal from the project of the subcontractor providing traffic control and/or the Contractors Traffic Control Supervisor and flagging personnel. Removal from the project in which the violations were issued shall be in effect for the remainder of the year. The contractor shall find a replacement Traffic Control subcontractor within two weeks of the third notice without a price adjustment or the Contract may be terminated and rebid. Project Specifications- Page 2 of22 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL At or near the end of each work day, a representative of the Contractor (the Traffic Control Supervisor) and the Engineer will meet to discuss the progress of the work and the placement of upcoming traffic control devices including 'NO PARKING" signs. The quantity of traffic control devices used that day and for the next day shall be agreed upon by the Contractor and the Engineer. Any necessary adjustments shall be made. At this time the Contractor shall also review with the Engineer the proposed means of handling parking and traffic control for the upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of their work. The Contractor shall maintain access at all times to all businesses within the project and shall communicate their schedule 48 hours prior to work, to all businesses and residents effected by their work. Any changes in the traffic control as directed by the Engineer, including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented. Traffic Control costs including but not limited to furnishing devices/equipment, set up/removal/modification, TCS and Flagging personnel, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidental items required for traffic control under this contract shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work. No measurement or payment shall be made separately for traffic control related items as specified in the specifications or as directed by the Engineer excluding Variable Message Boards, Advance Warning Panel, and Additional Flagging Personnel. See Revision of Section 630. Project Specifications- Page 3 of 22 • • 0 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL NO PARKING Wed SEPT 6 7:00AM-6:00PM CRACK SEALING END OF SECTION Project Specifications- Page 4 of 22 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised as follows: PLANS, SHOP DRAWINGS, WORKING DRAWINGS, OTHER SUBMITTALS, AND CONSTRUCTION DRAWINGS Subsection 105.02 shall be revised to include the following: The Contractor shall furnish the required submittals in TABLE 105-1 before the commencement of work. Three (3) copies shall be furnished to the Engineer, two (2) copies will be returned to the Contractor upon approval. Submittals shall not be measured and paid for separately but shall be included in the work. TABLE 105-1 MIMMARV OF rONTRACTOR SUBMITTALS Section No. Description Approval Needed Reoccurring 108.03 Schedule of Work Yes Yes 208.06 Spill Kit: List of items included Yes No 408.02 Crack Sealant/Crack Filler Certificate of Compliance Yes No 408.02 MSDS Sheets Yes No 408.04 Crack Sealant/Crack Filler Measurement Plan Yes No 630.10 Traffic Control Plan Yes Yes 630.11 TCS Qualifications (reoccurs when TCS and flaggers thane) Yes No 630.11 Resident Notification Letter Yes Yes NA EMS acknowledgement of good practices - signed Yes No COOPERATION BY CONTRACTOR Subsection 105.10 shall be revised to include the following: The City's commitment to our Environmental Management System (EMS) requires that vehicles on City projects shall comply with the adoption of a "Limitation on Engine Idling" policy designed to reduce environmental impacts related to construction. Please comply with turning off vehicles instead of idling for long periods of time (more than three minutes, as a general rule). COOPERATION BETWEEN CONTRACTORS Subsection 105.12 shall be revised to include the following: City Utilities, Parks, Traffic, Streets, concrete and utility contractors may perform work related to the project within or near the limits of the projects. The Contractor shall conduct the Work without interfering or hindering the progress or completion of the work being performed by other contractors. The Contractor shall coordinate extensively with these entities to minimize traffic control and scheduling conflicts, and ensure timely completion of all the work. INSPECTION AND TESTING OF WORK Subsection 105.16 shall be revised to include the following: The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the Owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Project Specifications- Page 5 of 22 0 REVISION OF SECTION 105 CONTROL OF WORK Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. MAINTENANCE DURING CONSTRUCTION Subsection 105.19 shall be revised to include the following: Concrete areas, including curb, gutter, driveways, and sidewalk adjacent to and through the construction area shall be cleaned of debris generated by the Contractor at the earliest opportunity, but in no case shall the area not be cleaned after the completion of the day's work. Large debris (greater than one (1) inch) shall be picked up and disposed of offsite. Smaller particulate debris shall be blown from the sidewalks, driveways, curb, and gutter into the street where it can be picked up by the sweeper without transmitting debri back on sidewalk areas. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area at no extra cost. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets before leaving a project area and at least once a week prior to the weekend. The requirement to sweep the streets shall be suspended during the leaf fall period between September 12'" and November 12a' unless directed by the Engineer for areas with minimal leaf fall. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above. If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the Contractor, sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted shall not be paid for separately, but shall be included in the work including all required traffic control devices, personnel, and related traffic control incidentals. END OF SECTION Project Specifications- Page 6 of 22 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: SCHEDULE Subsection 108.03 shall be revised to include the following: A schedule of work must be submitted prior to starting work and shall contain the number of working days per area to complete all unit work items covered by the contract. Vicinity maps of the areas are included in Section 03500, Project Maps. The schedule should take any priorities into consideration. The schedule should also include projected start and end dates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. LIMITATION OF OPERATIONS Subsection 108.05 shall be revised to include the following: The work shall be completed within the following calendar months: JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC DETERMINATION AND EXTENSION OF TIME Subsection 108.08 shall be revised to include the following: Residential and Collector work hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the Engineer. Arterial road work hours shall be restricted from 8:30 a.m. to 3:30 p.m. during the daytime, or as approved by the Engineer. Preparatory work such as heating equipment and material, cleaning equipment and tools, and/or incidental preparation for the days work shall be done at the Contractors yard/shop, the Streets Department yard/shop, or in a private area the Contractor has pre -arranged for use as approved by the Engineer. Contract working days shall be one hundred sixty (140) days after work commences. The City of Fort Collins reserves the right to add or delete work as necessary. The City will prioritize the order in which the work will be completed. The Contractor shall mobilize to the area within ten (10) working days of Notice to Proceed or after receiving notification of accessibility of work area. FAILURE TO COMPLETE WORK ON TIME Subsection 108.09 shall be revised to include the following: Failure to meet the agreed upon milestones, mobilize to an area within the days specified in Section 108, or fully complete the project within one hundred sixty (160) working days, shall result in liquidated damages assessed against the Contractor. At the City's option, liquidated damages in the amount of $1,000.00 per day may be retained from any monies due the Contractor, or the City may retain an additional contractor(s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages. END OF SECTION Project Specifications- Page 7 of 22 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 208.01 shall be revised to include the following: This work shall consist of providing appropriate and adequate spill prevention measures during the installation of the crack sealant and crack filler materials. Work shall be in accordance with the latest revisions of the City of Fort Collins Urban Drainage and Flood Control District Urban Drainage Criteria Manual, the City of Fort Collins Environmental Standard Operating Procedures contained herein (Section 04000), and the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. Any loss of time or materials due to spill related events shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities during a spill event, either on site or off site, which occurs during the course of the project, shall be the sole responsibility of the Contractor. CONSTRUCTION REQUIREMENTS Subsection 208.03 shall be revised to include the following: It shall be the Contractors responsibility to ensure that all sidewalks, driveways, curbs, and gutters adjacent to the project shall be clean of construction debris at the end of each working day. Upon leaving the project site(s) the Contractor shall sweep the streets and pick up debris blown into the streets. Contractor shall monitor sweeping operations to ensure that brooms are not kicking debris back onto the sidewalks, driveways, curbs, and gutters. • Subsection 208.06 shall be revised to include the following: An appropriate Spill Kit shall be on site with each piece of equipment at all times during the installation of the work. The Contractor shall submit a description of the items contained in each Spill Kit and items shall be approved by the Engineer. METHOD OF MEASUREMENT Subsection 208.11 shall be revised to include the following: All costs associated with materials, cleanup, and spill protection shall not be measured or paid for separately, but shall be considered incidental to the Work. BASIS OF PAYMENT Subsection 208.12 shall be revised to include the following: All related costs shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work and no measurement or payment shall be made separately for material, cleanup, personnel, and related incidental items as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications- Page 8 of 22 REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER Section 408 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 408.01 shall be revised to include the following: This work shall include furnishing and placing an approved hot poured joint or crack sealant in properly prepared cracks in asphalt pavement. The work shall conform to the latest revisions of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, the City of Fort Collins Work Area Traffic Control Handbook, and the Latimer County Urban Area Street Standards (LCUASS). iTr11 0:1:1&1_1 Subsection 408.02 shall be revised to include the following: Crack Sealant: material shall be hot poured, polymer modified asphalt crack and concrete joint sealant meeting the requirements of CDOT Section 408.02, or a similar approved equivalent, and shall conform to the following requirements: CRACK CF.ALANT Cone Penetration: 770 F(251C), ASTM D5 30-50 Flow: @ 140°F 60°C , ASTM D 5329 3 min max. Resilience: @ 770F(25'C), ASTM D 5329 40 - 55% Softening Point: ASTM D36 205°F min. Flexibility: 2 Sec. 1" Mandrel -10°F no cracks Ductility: 77°F 25°C , ASTM D5329 50 cm min. A certificate of compliance shall be submitted prior to construction Crack Filler: material shall be CRACK FILL hot -applied polymer modified asphalt mixed with engineered aggregate or a similar approved equivalent, and shall conform to the following requirements: CRACK Fit.i _ R Binder Specification: Flexibility: 2 Sec. I" Mandrel -15 min. (-6.1'C Resilience: 77"F (26°C). ASTM D5329 35% min. Tensile Adhesion: ASTM D5329 500% min. Aggregate Specification: Specific Gravity 1.5 Porosity Minimum 10% ores Sheer Strength Minimum 30% A certificate of compliance shall be submitted prior to construction Project Specifications- Page 9 of 22 0 REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER CONSTRUCTION REQUIREMENTS Subsection 408.03 shall be revised to include the following: The Contractor shall submit the necessary Material Safety and Data Sheets (MSDS) per Table 105-1, Summary of Contractor Submittals, when providing material for the project, prior to commencement of work. In general, cracks that range from greater than 1/8" to I" wide shall be sealed with crack sealant (CRACK SEALANT); cracks greater than I" and/or cupped, as determined by Engineer, shall be filled with crack filler (CRACK FILL). The Engineer shall determine and mark the locations for the type of product installed at each location. A hot compressed air lance shall be used at all times. Crack widths of greater than 1/8" or larger shall be thoroughly cleaned to a depth of approximately twice the crack width. Direct flame dryers shall not be allowed. Drying and heating prior to installation of the crack seal material shall be completed in such a manner not to damage the existing bituminous surface. Care shall be taken to protect vehicles, pedestrians, and all property which may become damaged from the cleaning and installation process. Joints between the asphalt roadway and concrete curbs, gutters, cross pans, aprons and drainage structures shall be sealed. Air and pavement temperatures shall be at least 20 °F and rising but no more than 75 *F, or as directed by Engineer. The Contactor may be restricted from installation on arterial and collector roads due to the presence of salts on the road. • Sealant shall be heated and applied per the manufacturer's recommendations. Using a mixture of different brands and types of sealant is prohibited. When melted and properly applied (not exceeding manufacturers recommended temperature restrictions) the crack sealant will form a resilient and adhesive compound which will effectively seal cracks in asphalt pavements. Any material that ravels or can be pulled out by hand after placement shall not be accepted. i The sealant shall be leveled off and brought flush with the surface of the existing roadway by squeegee, wand shoe, or approved alternate equipment. The material shall be centered over the crack and typically, the band width of the crack seal installation shall not exceed three inches in width. The Contractor shall be responsible for their quality control to ensure that all crack sealing material is flush with the existing surface before leaving the site. In the event that the crack sealing material sinks into the crack after the first application, the Contractor shall re -apply additional material to make flush with existing surface. Each days work shall be scheduled to allow all open joints and cracks to be sealed before the end of the workday. Should inclement weather preclude this effort, joints and cracks shall be re -cleaned before sealing. The Contractor shall blow clean and sweep all sidewalks, driveways, gutters, and streets adjacent to the work area after completion of installation. See Revision of Section 105, Maintenance During Construction. Noise Control: See section 01560 or as directed by the Engineer. METHOD OF MEASUREMENT Subsection 408.04 shall be revised to include the following: The accepted quantities of crack sealant and crack filler shall be paid for at the contract unit price per pound under Bid Schedule 1 or the Alternate Bid Schedule 2. Project Specifications- Page 10 of 22 REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER POUNDS PLACED SHALL BE DETERMINED BASED ON NET WEIGHT STICKERS FROM THE PALLETS OF CRACK SEALANT OR CRACK FILL MATERIAL PLACED. The Contractor shall collect these stickers and return them to the Engineer as the material is placed. The City will conduct random checks of application rate in projects to confirm applied quantities. If the equipment is scheduled to leave the City site, the Contractor shall provide daily quantities which both parties shall agree to on a daily basis. The City reserves the right to use the Alternate Bid Schedule 2 which excludes the crack sealant and crack filler material. The Contractor shall arrange to pick up the material from the Fort Collins Streets Department, 625 Ninth Street. The Engineer shall be present at the time of material pick up. The Contractor shall be responsible for notifying the Engineer when re -ordering material is required. The City of Fort Collins may provide an enclosed equipment and material storage area for the duration of the Work to facilitate completion of the project under Bid Schedule 1. Traffic control shall be a subsidiary obligation to the Work under Bid Schedule I and the Alternate Bid Schedule 2 and shall not be paid for separately, excluding Variable Message Boards, Advance Warning Panel, and Additional Flagging Personnel. The Contractor shall provide adequate pedestrian and traffic control devices during the work to protect the public. The Contractor shall include any and all devices, flagging, signs, and incidentals as part of the line item unit pricing. BASIS OF PAYMENT Subsection 408.05 shall be revised to include the following: Payment shall be made under: Pay Item Unit 408.01 CRACK SEALANT Crack Sealant (Arterial) LBS 408.02 CRACK SEALANT Crack Sealant (Collector) LBS 408.03 CRACK SEALANT Crack Sealant (Residential) LBS 408.04 CRACK FILL Crack Filler (Arterial) 408.05 CRACK FILL Crack Filler (Collector) LBS LBS 408.06 CRACK FILL Crack Filler (Residential) LBS The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and all required traffic control devices, personnel and related traffic control incidentals and for all the Work involved in installing crack sealant and crack filler, as specified in these specifications, and as directed by the Engineer. Prices and payments made under Alternate Bid Schedule 2 shall include full compensation for furnishing all labor, tools, equipment, and all required traffic control devices, personnel and related traffic control incidentals and for all the Work involved in installing crack sealant and crack filler, as specified in these specifications, and as directed by the Engineer. CRACK SEAL AND CRACK FILL MATERIAL SHALL BE EXCLUDED FROM THE BID SCHEDULE AND SHALL BE SUPPLIED BY THE CITY. END OF SECTION Project Specifications- Page 11 of 22 OWNER: CITY OF FORT COLLINS PURCHASING DIRECTOR Title: Date: � —3 —/ City Clerk Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Approved as to For -Sev'O?_ Assistant City Attorney CONTRACTOR: Waterhouse, Inc. DBA All Pro Sealing By: PRINTED Title: Date: OZ/a q / ► c, (CORPORATE SEAL) ORT •r SEAL N Attest: Address for giving notices: �OR�c c�✓� (A a7SZl License No.: REVISION OF SECTION 627 PAVEMENT MARKING • Subsection 627 shall be revised to include the following: DESCRIPTION Subsection 627.01 shall be revised to include the following: This work shall consist of furnishing, installing, and removing temporary pavement markings in accordance with the latest revisions of the City of Fort Collins Traffic Operations Manual, City of Fort Collins Work Area Traffic Control Handbook, Latimer County Urban Area Street Standards (LCUASS), Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, and The Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and in conformity to the lines, dimensions, locations, and details shown on the plans or as established by the Engineer. CONSTRUCTION REQUIREMENTS Subsection 627.03 shall be revised to include the following: Permanent pavement markings shall be installed by the City of Fort Collins. Temporary pavement markings/delineation of lanes may include temporary tape, tabs, or vertical panels as required by the Engineer and shall be installed by the Contractor. PAVEMENT MARKINGS/DELINEATION OF LANES Subsection 627.10 shall be revised to include the following: • Temporary pavement markings shall be suitable for use on asphalt cement or portland cement concrete pavements, shall be installed and removed by the Contractor, and shall conform as follows: 1. The surface shall be clean, dry, and free of dirt, oils, and grease. The tape/tab shall be pressed down until it adheres properly and conforms to the surface. 2. All roads shall have temporary pavement markings before they are opened to traffic unless the City Stripping Crew has been scheduled to install permanent pavement markings prior to opening the road to traffic. 3 Markings applied to the final surface shall not leave a scar that may conflict with permanent markings. 4. Temporary markings shall be installed in such away that the markings adequately follow the desired alignment. 5. Temporary pavement marking tape/delineation of lanes shall be required for all lane lines. a. Lane lines shall be "tapped" intermittently with a 2' long by 4" wide reflective temporary strip at 50' intervals. b. Stop bars shall be "tapped" to a minimum width of 12". Stop bars shall NOT be required at signalized intersections. Contractor may be required to provide additional signage (i.e. Stop Sign Ahead, Stop Here On Red, etc.); `Stop Here On Red" signs SHALL be required at signalized intersections. c. It is the Contractor's responsibility to notify the Engineer prior to completion of work to allow scheduling of the permanent pavement markings to be installed by City crews. 6. Removable pavement markings shall be installed in accordance with the manufacturer's recommendations and maintained by the Contractor until permanent pavement markings are installed by City crews. Project Specifications- Page 12 of 22 REVISION OF SECTION 627 PAVEMENT MARKING 7. Temporary edge lines are not typically required when curb and gutter is adjacent to the road. Temporary edge lines shall be required when there is no curb and gutter adjacent to the road. 8. All tape/delineation shall be removed by the Contractor after permanent markings have been completed by City Crews. METHOD OF MEASUREMENT Subsection 627.12 shall be revised to include the following: All costs associated for materials, installation, removal, and maintenance of temporary pavement marking/delineation will not be measured or paid for separately, but shall be considered incidental to the Work. BASIS OF PAYMENT Subsection 627.13 shall be revised to include the following: All costs for installing and removing temporary stripping/delineation of lanes shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work and no measurement or payment shall be made separately for the material, installation, removal, and maintenance of temporary stripping/delineation of lanes including all required traffic control devices, personnel, and related traffic control incidentals, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications- Page 13 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 630.01 shall be revised to include the following: This work shall consist of furnishing, installing, moving, maintaining, and removing temporary construction traffic control devices including but not limited to signs, advance warning arrow boards, variable message boards, barricades, channelizing devices, and delineators as required by the latest revisions of the City of Fort Collins Work Area Traffic Control Handbook, the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), the Larimer County Urban Area Street Standards (LCUASS), and the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. In the event of a conflict between the MUTCD and the City's criteria, the City of Fort Collins specifications shall govern. MATERIALS Subsection 630.02 shall be revised to include the following: All traffic control devices placed for the project must meet or exceed the minimum standards set forth in The City of Fort Collins Work Area Traffic Control Handbook and the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) iAdditionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by information the sign may present. CONSTRUCTION REQUIREMENTS Subsection 630.10 shall be revised to include the following: CONTRACTOR RESPONSIBILITY The Contractor shall be responsible for ensuring safe passage through the work zone for vehicles, pedestrians and bicycles. The Contractor may be required to use Variable Message Boards to advise road users about upcoming work on arterial streets as required by Traffic Operations through the approved traffic control plan. When required, the Engineer will issue direction for the number of boards, general locations for placement, and message verbiage. Two-way traffic shall be maintained at all times unless approved by the Engineer. Lane width shall be maintained at a minimum often (10) feet. 2. The Contractor will provide 24 hour minimum notice to the City of Fort Collins Traffic Department when project operations will be near a signalized intersection. TRAFFIC CONTROL PLAN - GENERAL HAND DRAWN PLANS SHALL NOT BE ACCEPTED. 0 Traffic control through the construction area is the responsibility of the Contractor. Project Specifications- Page 14 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, at a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. Traffic control devices may be placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). In the event there is a safety issue, the Engineer may issue a "Stop Work Order" until the issue(s) is corrected. The Contractor shall not be entitled to any additional compensation for delays associated with the "Stop Work Order". Approved traffic control plans shall be available on site at all times. See Revision of Section 104 TRAFFIC CONTROL PLAN - PROJECT Traffic control plans shall be submitted for all work locations prior to commencement of any work. Plans shall be submitted along with the City of Fort Collins Traffic Approval Forms. Traffic control plans shall be prepared by a Traffic Control Supervisor certified by the American Traffic Safety Services Association (ATSSA) or a Worksite Traffic Control Supervisor certified by the Colorado Contractor's Association (CCA). HAND DRAWN PLANS SHALL NOT BE ACCEPTED. Typical Traffic Control Plans for work within the right-of-way shall be submitted for approval to the Engineer as follows: Typical submittals for scheduled residential work shall be submitted 2 working days prior to commencement of the work. Submittals for full closures on residential streets shall be submitted one (1) week prior to the commencement of work. Submittals for full closures on arterial and collector streets shall be submitted two (2) weeks prior to the commencement of work. All plans shall be delivered to the Engineer, 625 Ninth Street, Fort Collins. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work and the Owner may deduct from Contractors' compensation $1,000.00 per ocurrence per day for said condition, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The Traffic Control Plan shall include, as a minimum, the following: 1. A detailed diagram which shows the location of all sign placement, including advance construction signs and speed limit signs; method, length and time duration for lane closures, and location of flag persons. Hand drawn plans shall not be accepted. 2. A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. Project Specifications- Page 15 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL • 3. Number of flaggers to be used. 4. Parking Restrictions to be in affect. Approval of the proposed method of handling traffic does not relieve the Contractor of liability specifically assigned to him under this contract. TRAFFIC CONTROL MANAGEMENT Subsection 630.11 shall be revised as follows: The Contractor shall designate an individual, other than the superintendent, to be the Traffic Control Supervisor. Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of certification for each TCS utilized on the project(s) shall be provided to the City Traffic Control Department and the Engineer. The TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one (1) week prior to commencement of the work. The TCS shall be required to be on site at all times during construction. It is the intent of the specifications that the TCS be the same throughout the year. The TCS shall be equipped with a cellular phone. If, in the opinion of the Engineer, any traffic control individual does not perform their duties at or to the minimum industry standard, the Contractor will be required to replace that individual. The TCS duties shall include, but shall not be limited to: 1. Supervise and direct project flaggers. 2. Prepare, revise, and submit Traffic Control Plans as required. 3. Coordinate all traffic control related operations, including those of the Subcontractor and supplier. 4. Coordinate project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. 5. Notify residents and businesses at least 48 hours prior to construction. a. Notifications may be accomplished by a representative of the TCS such as a flagger and shall be hand typed and hand delivered to all businesses and residents. 6. Inspect traffic control devices on a calendar day basis for the duration of the project to ensure devices are functioning properly. 7. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety, and orderly movement of traffic. 8. Flagging breaks for short periods of no more than 15 minutes over a 60 minute period. 9. Traffic control device set up and removal. 10. Maintain a project traffic control diary which shall become part of the City's project records. This diary/log shall be submitted to the Engineer daily and shall include the following information as a minimum a. Date b. For Traffic Control Inspection, the time of the inspections c. Project description and location d. Traffic Control Supervisor's name e. Types and quantities of traffic control devices used per approved MI -IT f. List of flaggers used, including start time, stop time and number of flagging hour breaks • g. Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and corrective action taken Project Specifications- Page 16 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Notification of residents and businesses shall be the responsibility of the TCS or TCS Representative and shall consist of distributing notifications indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during the Work), the dates and times of the work, and the parking and access restrictions that shall apply. Sample notifications shall be submitted to the Engineer for review prior to starting the project. Notification letters or door hangers shall include a local phone number residents with questions may use to contact the Contractor and a link to the City of Fort Collins Street Department where citizens may find additional information and project updates at "www.fceov.com/streets". Only approved notifications shall be distributed a minimum of 48 hours prior to the commencement of each phase of the Work. Traffic Control plans shall be submitted for approval prior to commencement of any work. Traffic control conditions vary significantly in the field and the Contractor is responsible for submitting traffic control plans for each work location. Minimum traffic control requirements for Arterial, Collector, and Residential streets are contained herein. Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, `on call" at all times, and available upon request of the Engineer during non- working hours. A 24-hour telephone number shall be provided to the Engineer. All traffic control devices and traffic control management shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have current copies of the City of Fort Collins"'Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic control for street and highway construction, available at all times. METHOD OF MEASUREMENT Subsection 630.15 shall be revised as follows: The Traffic Control Supervisor, Flaggers necessary for the road classification, control of cross traffic, and the Contractor's daily work activities, including hand signs such as Stop/Slow paddles, and all devices/equipment, vehicles, and other associated traffic control items shall not be measured and paid for separately and shall be included in the line item unit price for the Work except as noted herein. "Variable Message Board" and "Advance Warning Panel" shall be paid per each per day as required by the specifications or as requested by the Engineer. "Additional Flagging Personnel" shall be measured and paid per hour only when requested by the Engineer for special circumstances not already included under another item. Hours of non -flagging work in excess of those authorized shall not be measured and paid for separately but shall be at the Contractor's expense. "The City of Fort Collins Master Street Plan" map depicting the street classifications (Arterial, Collector, and Residential) can be found at the following link: htto://citvdocs.fceov.com/?dt=Master+Street+Plan+Map&dn=GIS+MAPS&vid=192&cmd=showdt All costs associated with the Traffic Control Plan review shall not be measured or paid for separately, but shall be considered incidental to the Work. Review fees shall not be measured or paid for separately and shall be included in the line item unit price for the Work. The City may deduct from compensation due the Contractor $10.00 per day for each traffic control device not removed from the site immediately upon completion of the work or as directed by the Engineer. The flagger(s) shall be provided with electronic communication devices when required. These devices shall not be measured and paid for separately and shall be included in the line item unit price for the Work. Project Specifications- Page 17 of 22 11 0 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but shall be considered subsidiary to the item. Sand bags and Caution tape will not be measured and paid for separately but shall be included in the line item unit price. The Contractor may provide larger construction traffic signs than those typically used in accordance with the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD, if approved by the Engineer, however, no payment will be made for the additional panel size. Business signs, neighborhood traffic only signs and detour placard street names are NOT considered Specialty Signs and will not be measured or paid for separately and shall be included in the unit price for the Work. The City of Fort Collins shall not be responsible for any losses or damage due to theft or vandalism. The City of Fort Collins will not be responsible for any damages to public or private property caused by the Contractor's construction activities. Private or public property which is damaged by the Contractor's installation, equipment, or employees will be the sole responsibility of the Contractor. Project Specifications- Page 18 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The following figures indicate the minimum required traffic control for each street classification: FIGURE 630-1 TYPICAL ARTERIAL TRAFFIC CONTROL PLAN OWNER CONTRACTOR TRAFFIC CONTROL TYPICAL LEFT LANE NOT DRAWN TO SCALE MCE TABULATION 2 - ROAD WORK AHEAD 2- LEFT LANE CLOSED AHEAD 2 - TRANSmON(L) 40 - 28" TRAFFIC CONES COMPANY CANTACT NAME DATE PHONEN TCS CERTq SHEETO ARTERIAL STREETS -Shall include Flagging Personnel required for the road classification, control of cross traffic, and the Contractor's daily work activities in addition to the minimum signage required by the specifications. Approved Variable Message Boards may be required for arterial streets and shall be paid for separately under "Variable Message Board". "Advance Warning Arrow Boards" or `Additional Flagging Personnel" may be requested by the Engineer and shall be paid for separately under "Advance Warning Arrow Boards" or "Additional Flagging Personnel". Project Specifications- Page 19 of 22 • 0 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL FIGURE 630-2 TYPICAL COLLECTOR TRAFFIC CONTROL PLAN OWNER TRAFFIC CONTRACTOR CONTROL COLLECTOR STREETS -Shall include Flagging Personnel required for the road classification, control of cross traffic, and the Contractor's daily work activities in addition to the minimum signage required by the specifications. Approved Variable Message Boards may be required for collector streets and shall be paid for separately under "Variable Message Board". "Advance Warning Arrow Boards" or `Additional Flagging Personnel" may be requested by the Engineer and shall be paid for separately under "Advance Warning Arrow Boards" or "Additional Flagging Personnel". Project Specifications- Page 20 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL FIGURE 630-3 TYPICAL RESIDENTIAL TRAFFIC CONTROL PLAN OWNER NOT DRAWN TO SCALE 1,751 2- ROADWORK AHEAD 2- ONE LANE ROAD AHEAD 2 - FLAGGER AHEAD 20 - 28` TRAFFIC CONES TRAFFIC CONTROL CONTRACTOR COMPANY CANTACT NAME DATE PHONE b TCS CERT 11 SHEET p RESIDENTIAL STREETS -Shall include Flagging Personnel required for the road classification, control of cross traffic, and the Contractor's daily work activities in addition to the minimum signage required by the specifications. Approved Variable Message Boards shall not be required for residential streets. "Advance Warning Arrow Boards" or `Additional Flagging Personnel" may be requested by the Engineer and shall be paid for separately under "Advance Warning Arrow Boards" or "Additional Flagging Personnel". Project Specifications- Page 21 of 22 9 SECTION 00530 NOTICE TO PROCEED Description of Work: 7290 Crack Seal & Fill Project — 2016 Renewal To: Waterhouse, Inc. DBA All Pro Sealing This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 . The dates for Substantial Completion and Final Acceptance shall be 20_ and , 20, respectively. CitV of Fort Collins OWNER Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR: Waterhouse, Inc. DBA All Pro Sealing Title: • • REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL BASIS OF PAYMENT Subsection 630.16 shall be revised as follows: Pay Item 630.01 Variable Message Board 630.02 Advance Warning Arrow Board 630.03 Additional Flagging Personnel Unit Per each per day Per each per day Hour All traffic control costs including but not limited to furnishing equipment, equipment set up/removal/modification, TCS and flagging personnel including required break times, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidentals required for traffic control shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work per the Typical Minimum Standards contained herein (Figures 630-1, 630-2, 630-3). Payment shall be made for "Additional Flagging Personnel" only when requested by the Engineer and when additional to the minimum flagging personnel requirements noted herein. SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF TWO WEEKS PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. NOTE: CONSTRUCTION OR REPAIR WORK WILL NOT BE PERMITTED AT OR IN THE VICINITY OF A SIGNALIZED INTERSECTION OR ANY ARTERIAL AND COLLECTOR STREETS THAT HAVE MAJOR TRAFFIC VOLUMES BETWEEN THE HOURS OF 7:00 A.M. TO 8:30 A.M. OR 3:30 P.M. TO 6:30 P.M. (EXCEPT IN THE CASE OF AN EMERGENCY). EXCEPTIONS MAY BE MADE FOR CONSTRUCTION OR REPAIR WORK ON ARTERIALS AND COLLECTORS BETWEEN THE HOURS OF 7:00 A.M. TO 6:00 P.M., MONDAY THROUGH FRIDAY EXCLUDING HOLIDAYS, WHEN ALL EQUIPMENT, LABOR, TRAFFIC CONTROL DEVICES AND CONSTRUCTION ARE NOT IN THE VICINITY OF AN INTERSECTION. THE ENGINEER WILL AUTHORIZE SUCH WORK AND SPECIFY THE REQUIRED DISTANCE FROM THE INTERSECTION. NOTE: TIME RESTRICTIONS ON S.H. 287 (COLLEGE AVENUE AND HIGHWAY 14 MULBERRY STREET (EAST OF LEMAY AVENUE) WILL NORMALLY BE RESTRICTED FROM 9:00 AM TO 3:00 PM. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. END OF SECTION Project Specifications- Page 22 of 22 SECTION 02500 QUANTITY ESTIMATE This work shall consist of crack sealing and crack filling on designated streets in the City of Fort Collins. A map of identified areas needing crack sealing/filling is included within the contract documents. Additional quantities are included in the contract quantities for streets not identified at the time of the bid. All quantities stipulated in the Bid Schedule are approximate and shall be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted. The basis of payment shall be the actual amount of materials furnished and Work completed. Contractor agrees to make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of Work actually performed and materials actually furnished and the estimated amount in these documents. The City reserves the right to prioritize the installation of the work. • SECTION 03500 PROJECT MAPS The following maps are included: 2016 Crack Seal & Crack Fill Project Maps 1. Page 1 of 5: Overview 2. Pages 6 through 28 Individual Project Area Maps "The City of Fort Collins Master Street Ran" map depicting the street classification (Arterial, Collector, Resi denti al) can be found at the fol Iowi ng I i nk: http://dlydocs.fcgov oorrV?dt=M aster+Street+Pl an+M ap& do=Gl S+MA PS& vi d=192& cmd=showdt • City of STREET MAINTENANCE PROGRAM (SMP) Fort Collins 2016 Crack Seal Planning ' Revised January 26, 2016 Streets 41, 0 Map 1 of w+E Legend s —Crack seal streets City Limits 7,400 14,800 Feet Overview No Text City of STREET MAINTENANCE PROGRAM (SMP) Fort Collins 2016 Crack Seal Planning "\ Revised January 28, 2016 Streets Map 3 of N Legend w E —Crack seal streets City Limits S ® Schools D 3,700 7,400 Feet Northeast Quadrant City of ,Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 4of28 N Legend w e —Crack seal streets City Limits ®Schools s 0 3,700 7,400 Feet Southwest Quadrant I I I a I i I i 1 City of Frt Collins Streets NN W+E ASS STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 5ofA Legend —Crack seal streets City Limits ® Schools J ■ Y Its .- ._� •r�� x 1 i c�C �� • -•�. . 0 3,700 7,400 Feet Southeast Quadrant co CD O CD CD I ON m,.' Philli Dr A CC _� S N A a Wn�nd ; A 6PyiJ �� Autumn Ridge Dr N 1 A'. j 1176 � Brittany Dr N O O (7 c R 3 n o A v � B o m m j Brittany Dr e. 010 N s, ajema 9-4 n iS m x v m co Buchanan Ct `o- CL 9��hdn0 n St Huntir Hills S Lemay Ave I N iv i d !x m OI 10 luese94d—__.—.._. ra o m I - J d 0 1 -- Saint Thomas D f1 � Of1 I m m � � 7 C' 07 C m 0 m o CD ED CD c (o 0) CD cl N O O CD in C� 0 O rn 3 N. m M Z N m O Z s D O Z 0m n CD ci ` D 0) 0 /Nye W ; 0 �/7� -p W V City of FF6rt Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2D16 Map 7of: N Legend w —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools 690 1,380 Feet Capital West CS SECTION 00600 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 City of �;F6rt Collins Streets Np-�, W+E 5 STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 8 of 28 Legend —Crack seal streets City Limits —Private Streets (do not treat) ®Schools 3Lorraine Dr -MY�L,weu�.n' ; o n IN Willox Ln Green eaf St Sundance [n �o , � Bramblebush St _Cir N_ M,,,._ko2nge t '`•' m� O f m T % ', Ca Butch�o ssitlyOr SundanccloFe Ct 3 t a\1` � l 1 n oa. 0 fir 1��!-� Q`oa �10 "0 Cto' Cit G.rroouse Sir y f- Bayberry/ eregdn�Run Q Indian Paintbrush C{��,mbleberry Ctbom Ct Bristlecone or _.. Wintergr m j Quail Y U Run i Hib y i -�,-' t-- - Q Steep Ct Ctt y.,,, Coulter St m Clark St U Nokomis Ct 1 y o Sitka Stj 14 �' rlJ rn I V Hickory St m St � Conifer St '" c Hickory St j Coo'fe1 Q m As n � Fireweed Ln Y O Fo et Not n F r8 U W o wer 1 e 0 r Cc per o o Z Moun in L N Hemlock S EcS--.____.._.. o Mount n Ln arrow 4 an m m re ppppppir De Cristo Ln w U Sp�tae Cir Z La Garita � � c n. F 'm. Sundrob Cir S40i� i Pinon St o w Rd oar.. Alpine--".__ m %. St Ca%ee�St `�aarSr ,i wOod/ewnO ` Pascal st ! �,._,� N_ .., -___ Main St r m� �HCSthel S�- r" c .....,. �'J 65 � �' •t V) N �t j' E Vine Dr t o titLop d o C c = San rlst0 $t N O N r 0 1,000 2,000 Feet Conifer CS STREET MAINTENANCE PROGRAM SMP City of � 1 2016 Crack Seal Planning g Fort Collins Revised January 28. 2016 Streets Map 9of' Legend w a —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools 3 to 2 W La el St E LSt rel E Laurel St E w 11 E Plt n St W .o W Prospect Rd i FL l Eastdele Dr "g U of Locust E Elizabeth St E Elizabeth St �OP,ENARMS �((���//�'CHRISTIAN [[PRESCFIOOL HARRIS BILINGUAL IMMERSION FIRSTtUNITED ME7HOD1;T EOOP IPRESCHOOP 1 2 a E Pitkin St E Pltkin St ��SS 7— Iz, LESHER M1t1DD1E o SCHOOL m W c j �9� 70 Il F t{ m 1 a 3 ! E <� c 0 :? Deines Ct 'i m� p BARTON EARLY Apex U m a CHI!•D'HOOD TER m a /C pr0'2�' 0 770 1,540 Feet 1 I I I 1 1 I I Crafts CS City of STREET MAINTENANCE PROGRAM (SMP) Flirt Collins 2016 Crack Seal Planning Revised January 28, 2016 Streets • Map 10 of 28 N Legend w 1'- —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools Sand Dollar Ct s it C C 2 1\ s1 saw C� \ U c \ C c � m U rn c �\ \ n N 4 i N dU� m U O� tr�a n Westsnore Ct E troy m` estsrote ��y'�eika r o � t ,l 0 360 720 Feet Creekside CS I I t I t I t City of STREET MAINTENANCE PROGRAM (SMP) Fart Collins 2016 Crack Seal Planning Revised January 28, 2016 Streets Map 11 of N any Legend I` —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools ' Wildw od Rd l.k.s�ess-Dr ` As Doi Hillcrest Dr 5 a _. W Lake St N �" NAldw od Ct Knotw�od Ct f m a _ 6 c m JV�eatgrasa m ._— _ M a ct! y m E ergreen Or, IV,, t W 9 LL Evergreen Ct \'Ospect Rd $ W Prospect Rd W Prospect Rd U%g� o ,. !y p O U UEE,�E4jfENTARY y L O rn i� �' �� � Cop. 3333 a allj z PC[ Qi� Holly Pl ��e ��O \d C/ Z� �J \ Aisle D. / m o _ --—/ `�Coven[ry Ct 5 R !Holly St Somerville Ctg �,- — IL—~— a PdC m Rutle ear i ston Ct Fairbrooke Ct mac st �oc0 eye Dome Dr N / �' Q Hol\rngb �� , O� �p gow Zirkels Ct dos Shropshire i i fl Kingsborough �`p ,. Ave " or e s _ WhI m 4.. RyeheniGF i _ \._Indian 4 p \�orhgeY 9y. 6� l 0 4pe Peaks P Dorset `m G` <an9S O'rei . daG'S`erOr. 5� A°GS r arrSt �.tc c 'r'o D �r�•r h/IPCI Rome tds\e_ r_r-..•-/m�Q .J r F / a t 3 1 2 = `amoa 2 nitry Q% Cr Merino_ pia h Ct BLEVMS __ MIDDLE ,'Qy SCFfOOL Shaffie% P name ct Neil Or Morgan Bel9ran - ---�� Ct Ct -S to /, 1011, re Clydesdale Ct Clydesdale Dt G aG�, 9,�5Vanct ester Pipestone _.ac9raat O� Road 42C Dr +i t KarakGl Cf, ` 9y^ Barks ire Dr ? 'l s�' County — d 42_ �ountyRoa tml Gaca,.' c atop -. eO E Valley Pampas c}h'�•_ i Sce m Gr Lim ousinCt Forge Cl Ct Aon� deDr m d , Stanley Ct - �,la9�o y h a50 m Valley Forge A ® o 0 a m £ Bluegrass dr �uincet Cp F/a \ O` rnPshire Sq c c m U odi-Ct - v I - Hampshire Ct G� Mount = 0T W Drake Rd Royal Fox Gartett Or lsacc+t6 Run Cl l-- Water —.- 9 Featherstar Blossom Ln Y Will ern Way 0 990 1,980 Feet Drake Hill CS I r I I I I I I I City of � Fort Collins lililStreets • N W+E S STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 12 of 28 Legend —Crack seal streets City Limits —Private Streets (do not treat) ®Schools Edw sSt Garfield ` s1 ---.. m E Plikin St -__- ORADO TATE/ Y t] Suckeye\_ �� ��. ��^ I 2� j -- d Cps/ y E P St 5 7 y L — -� L_ak PI ...... LESHER ake W Lake St $ o SCtHOOIs 1y 1 m 1 1 1 1C///////.11 E Prospect Rd J W Prospect N a _ E c m eCt s £ a & N BARTON EARLYF. 'CCB_VTERO � Apex d Dr N 0U Park Pr St .. :Q ,,. `oB 0 g m S o Alpert... 2qe tu 't` E9UjAlpertAve Pert Ct <W'#' I� BriStp1 Ct Brookh E Stuart St ® E Stuart St IN t d In i r P� RIDGEVIEW 'o Mead, �°fo� i cus"sicn ' (, TRINITYiLUTHERAN ' _ ea 1 SCHOOL Johnson Remington St`- CHURCCH'PRESCHOOL c ,='' L. ��_ _�� % ' j !2 _ h l\ Dr L Spring Park Dr tj i Prouty Ct ,Ypne--.� Co manohering Park Dr o _ l m m Stoney E d m �£ 4. 0 3 Hill Dr -Wol 4 Dartmouth Ste_ Tit )._. Rutgers---!_,Dartm uth Cir _- Ave r`-� o> 1 -_ Chippewa Ct OUR SAV/OURS O Q K (p y= LUTHER�AN too ` PRESCHOOL o E N f Duke Ln D'Ya f .f Columbia Rd V �� @ c/ �oow� f,Q Yale way - -_ i- Columbia Rd 1 Cornell Ave `�-� Tulare or Y�rV N. .. arnt'd E V9 or ` �a Packwood Or Purdye} Cir F Va�_I M&TARY r PVe Pnnoeton Rd ....................... Hartfq'ra"C'r �u _.,�- e Ct 0 1,000 2,000 Feet East Stuart CS City of Frt Collins $treet3 STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 13 of N Legend w E —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools 0 800 1,600 Feet 1 1 I I I i I Fossil Lake CS City of �Fo_rt Collins Streets • NNE�, W+E S STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 14 of 28 Legend —Crack seal streets City Limits —Private Streets (do not treat) ® Schools I w --- Precision or -- 9e TItAUiiCORE ee,(. Rd KN0YWEDGE PRES70N p Avena Ct - MIDDLE SCHOOL x n d U U o Ir Indigo Cir S Pine Needle Ct Harvest I T N Jo °o W 0 Creek or Rock Creek or Golden Wheat Ln 12 R ocR pppr� d _ 3 E Creek or _ c o tl m U U d2o Bbantom »,o Creek-Cl Autumn r- Harvest Way J $' w FOSS/L d/% E m RIDGEHIGH a= SCHooC C_ t_ _ Purple rP Ruff Way Mountain Ln Amber Waves Ln -p 0� m om N County Fair Ln m N 2 Spacious i Skies Or c 4 D `o �a Saddle Creek Or 0 � x d KU ---�- --_ Sage Creek Rd Brush Creek or unty Road 36 Kechter Rd 0 0 U 0 540 1,080 Feet I I I I I I I I I Harvest Park CS C) Davidson Dr Silverthorne Dr Placer St - _ _ _. Placer Ct Cimarron Ct r Y T 1 Appaloosa Ct 00 r-+ rn lP ne Ct \� / . Chaparral Dr O Cr to C)O Worthington "�Ave / 5 N /�' / \ o m r— /``•�!� \9 ...� Cumberland Ct - i rLn CO/qyy� ?O'oc� 0 00 'a C, / /(.c I m°�°nyDr 'D tC uewezo9 o Stagecoach Ir: % Ct x a> z�= NiO^ Zuni Cir Q_ Rock n r• R Mountain Ct g;i 2 03 pM9 0 uaeasa Meadowlark Ave -- s i men f m\ F r 4ya Y m•m F �' W7kieer Dr Or / Avocet Rd a Nb / Zoo ��• a / ti v ic�� n C g`�e\yet .'rye m,m'n\ N ; \ P Ringneck Dr _ Redwing Rd _ Mcclelland Dr Mcclelland Dr 8 � C � � N N jC n m m ¢' v a N n �� Cf)N CD N N N CL CD 3 O rD ® 0 o � O N 3 m m D_ Z m oZ jD rn Z nm 0 '0 X- cn0 A C) w A D 3 -h VI 3 4 .0 of FOCity, Collins Streets is W+ E S NO Columbia Rd Connell Ave Tulane or STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 16 of 28 Legend —Crack seal streets City Limits —Private Streets (do not treat) ® Schools Cheyenne Dr yy 4 ST L•UKES O 1 0 EPISCOPAL I, PRESCHOOL i� 5 @ o �Z o m p � �O l N Dartmouth Trl Brown Ave m 0 in Princeton Rd I Baylor St CHRISTIAN —" CORE ACADEMY 75i> O IN U U y U c ; u � Columbia Ra HEARTS IN HANG CHILD _ DEVELOPMENT Queens Ct Chippewa Ct E Drake Rd W a c W Stoney Hill or --- -- _ Parkwood or - -- Parkwood or I,zecrhe ' ood Ln 0 0 560 1,120 Feet Mission CS I I I I I I I City of Fort Collins SffCetS STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 17 of Legend w e —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools 790 1,580 Feet Park CS • SECTION 00610 PERFORMANCE BOND Bond No. CSB0010393 KNOW ALL MEN BY THESE PRESENTS: that Waterhouse, Inc. DBA All Pro Sealing (address) 1432 Reeves Dr., Fort Collins, CO 80526 (a Corporation), hereinafter referred to as the "Principal" and (Firm) Contractors Bonding and Insurance Company (Address) 5445 DTC Parkway, Penthouse 4, Greenwood Village, CO 80111 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins. 300 Laporte Ave Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Three Hundred One THousand Nine Hundred Twenty -Two Dollars and Thirty -Two Cents ($301,922.32) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 1 st day of February, 2016 , a copy of which is . hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7290 Crack Seal & Fill Project — 2016 Renewal. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. 11 City of Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 18 of 28 N Legend W E —Crack seal streets City Limits s —Private Streets (do not treat) ® Schools 0 525 1,050 Feet Parkwood CS i I I I I I I F�ort Collins ` Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 19 of N Legend W E —Crack seal streets City Limits —Private Streets (do not treat) ®Schools S 0 700 1,400 Feet Ridgewood Hills CS I 1 I I I I 1 I 2� Co 0 J Co O -n fD ►0 W Q. (D 0) n N w as @ @ Or Sombrero Ln 'o Sombrero tD 0 o S Timberline Rd q o 0 in Or Red- n Mountain Or a Monarch` , Ct Fjelasl� � - o - - 3°0 0 p�0@c Cri 'h SD SIM ueS . y6 � Milner Ct y 15 `p a` Jo�a,�a p! aad, a m ewels --1' cone r !, wOW�eM m m g z 0, Ct ` 3 d w N'�, @ Q Ta Chase Or u d a o? 1030 aoti9 N Iowa Or Willow 5 m ,o d Rockford Or x m tigden �7 Rigden Pkwy m m UC6 N 9 00 0 Appalachian D ; 0 �i Q ! �ryrOwO r r Iowa Or x ;44� #1' R,ek, F coy,yyCS� r ASyada�cota +z m I � � n � < M a N 0 m '7 rA (D CD ;v CD N N CD CD0 0 CID O _. s1< 0 0 N 3 m m O Z �D Q: Z 0m �1 CD Q N ` O 0 00 Q FortCollinsStreets ` STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 21 of' N Legend w 1' —Crack seal streets City Limits s — Private Streets (do not treat) ®Schools 0 580 1,160 Feet Sidehill CS Fort Collins Streets N W V pp��� Q//E S STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 22 of 28 Legend —Crack seal streets City Limits —Private Streets (do not treat) ®Schools Tr dition Cl O w Riva >, d Ridge Dr > v K in rn o Of Q; i C c c c c Colon�t a .` r .D Warren W r m w m m O in K Farm Cts a U co W Horsetooth Rd E Horse both R r` ,•` U to U c i Arbor Ave \ m o = . C3 D j m Bonita Ave m � fr Haven Dr ~H CregerDr ,� I WaldenWaY _� r . �oyo , Dennison N ----- � Buckman r Dr c V N 3 12 Ensenada Ct j/ `m j Dennison Ave n / > 'Q c m m am Colboard. Dr m arm � Whiter Ctf ''. - U nturY Dr / \�,'®S 01l Sau/st, I� q�6o0 Q. s, c cr may W Boardwalk Dr m \j Be Wabash St U Marble Dr c CIO E ELOPEZ �MENTARY Mapteto� Ct y O�, Butte v Pass Dr Starling St Y U � � m Great m s Plains Ct a o WTtouNmA Troutman Pk 3 m � U � m i 0'� d • Guillemont St a o — y a W Troutman Pkwy Co W 3� �` -- ' Troutm Pkw o UI Creek Dr Thrasher St c , 0Blue Mountain Dr 1 y = 0 680 1,360 Feet South Glen CS City of Fort Collins Streets NN:� W+E ASS Commanche or ,d m W N E o J iI I_ Dartmouth Trl OUR,SAVIOUR LU�THERANL SCHOOL PRES asp 6)- E Stuart St Ln STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 23 of' Legend —Crack seal streets City Limits —Private Streets (do not treat) ®Schools Edora Rd w 13 w L U: 3� in r U N 3 SloneY U HJ10r �j Osp o= C w= Ot p 0 Y 0 Kirkwood Dr m` II`y� 4� -__ is Teakwood \ Columbia Rd Packwood or ��,\ Columbia Rd Packwood Dr 0 520 1,040 Feet r r r l r t I l Kentwood Ct Rolf Ct Cx Bamwood II Dr Rollie �` 9wood Ct !Sagewoodl Dr Stonehenge CS City of �Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 24of28 N Legend w s —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools 620 1,240 Feet Valley Hi CS I I I I I 1 I C) Traditio Or C is 0 a oa Colony or Jp FUCA co p Dar¢ -n Star D/ m Rockaway St m,z m c� Mayflower Ct rva Ridge Rd ZE 0 m � = Haven Ct � a Manhattan Ave Manhattan Ave Et m CD 0 n N Justice D Riva Ridge Or m Bale Or Mcclelland or Mcclelland or yak 2 1e 2 0 fC� W: Q NpQ n: N � /C? Meadowlark Ave Y v i m I, fifer ',� Killdeer Dr — T \8y 0 m EL m �Im m � .y i aC QP �O IIr 0 � m C 0 a N W CD N U) CID (D N N CD CD 0 0 0 CD =r 0 0 w � Z N m o Z �D Z nn -+ m 0 CI)O ". v a D N d U'I = d 3 � City of FF6r"t Collins • Streets N W+E S Montyllew Rd "'" '-- 3:"" Lak" e Clew oodD'r �����O NS�~ SkylkleDr ` �\ FORT9c'q - Sprin d CtP�s&HO6L As TIION _ �\ W Lake St f F W Casderock Ct �Carks toar9ree p` or'Grt nDr, _ -- Everga�en Ct F m r c . ° hie Q` v l M Im�a3,'Fa r I� C, i. Or Longworth Rd yJ�°\ 5 I, Suffolk Ct Promenade ropshire a Ave <ej lr Way — `,�—�. W y � 'St Romn `m n.,.. "'OOrough or 7 Ave ey m c� g z v/ Glenwood or EMIDDLE Ma�cilester E SUEVINS I Manc SCHOOL Win STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 26 of 28 Legend —Crack seal streets City Limits —Private Streets (do not treat) ®Schools i L• RADO SraTNsPd�1eld Lakewood D L24NIVERSIT, Dr c6U uCt o F James Ct o Bennett Rd .E BENNE;T 4- i. ELEMENTARY J) W Lake St mer St W Prospect Rd PI ^�an t �Pl k4LL 01 N `\ ' Hobbit St Villa Park Cr ( 1 W Stuart St St �ariborbugh Ct He�,pthendge Ct Edgewoo(1 Cf `eSt G< Spring Cr kLn � i 5 /Freedom- i i a Wind Trrl e 1 Dr i VJ4ntIeJ/' Pond c gala Ct �. � Mirrdrmere Cir ndering or -- th@5LOPl�hte 0. Gt hoenceCt !m o,C a dsor Ct COns'MUaon Ct carborough Dr 8 o Valley a Forge Cr ntown Ct('. Valley Ave U Concord or m TREEHOUSE 2 2 MONTESSORIYorktown Co 0 Ave �e :- Rolland m Moore D Rolland Moore D Evensta Ct � �U 7i tree Or Centre Ave ntre Ave —. 0 1,000 2,000 Feet I I I I I I I I West Stuart CS City of Flirt Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 27 of �_., N Legend w E —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools 1,000 2,000 Feet Western Heights CS I I I I I I I IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 22nd day of February , 2016. IN P7TOF: Principal Waterhouse, Inc. dba All Pro Sealing (Title) (Title) (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) 1432 Reeves Dr., Fort Collins, CO 80526 (Address) Other Partners By: By: Surety Contractors Bonding and Insurance Company 5445 DTC Parkway, Penthouse 4, Greenwood Village, CO 80111 (Address) p1N0 ANO1"', opN • ... , • jNa ; • GOaPoj#.q v F•m= SEAL• n = •o= NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. • cn CO O O CT O TI (D CD I n 0 JD elepsuVH ....0 ele�psutH m V Rosecrown Starflower Dr Vy'$ III 3D puelpooM G 3 c Hibiscus St S Shields St no ' F � m � C) r� x ' 3 Hnllvhock St r w � c o 0 � n � / atedeaf Ct Goshawk Dr Goldenridge Fall River I m Flatiron m m Ct d 3 o _ n m = p Wolf Creek Ct i Table Mountain PI Goldeneye Dr a idle Notch Dr Ate$ 2 O�y Y i Granby o Ct Dillon m m Way v m N rn N � I &� Lost Cree a Ct V t ps Snow Ridge Cir a� 1Do �. moss C m C) � +� tri I I� � n � < a 4 0 CDX N to rD to to to (D CD a m 0 0 0 rD ® n s o N 3 N a Ok M m m Z m Q Z i D Q1 Z 1m >y cn O A CD N ` d � Oo ' z y O m �' N 00 o SECTION 04000 EROSION CONTROL AND INLET PROTECTION INDEX OF ENVIRONMENTAL STANDARD OPERATING PROCEEDURES (ESOP) New Construction Activities for Municipalities 1 of 2 Street, Curb, and Gutter Replacement and Construction 1 of 3 Street, Curb, and Gutter Maintenance 1 of 3 Spill Prevention and Response 1 of 4 Utility and Storm Sewer System Maintenance 1 of 4 Utility and Storm Sewer System Replacement and Construction 1 of 3 Power Washing 1 of 3 Vehicle Fueling 1 to 3 Outdoor Fleet Maintenance 1 of 4 Heavy Equipment and Vehicle Maintenance 1 of 4 • New Construction Activities for For More Information Name Municipalities Address City, State Description Phone This fact sheet covers new construction activities disturbing less e-mail than one acre not subject to a CDPS Construction permit. New construction includes, but is not limited to buildings, structures, Possible Pollutants capital improvements, roadways, and recreational components Sediment such as trails, restrooms, and other structures. Procedures Chemicals provided are general in nature and can be applied to any scale Organics or type of municipal construction. Trash When services are contracted, this written procedure should be Good Housekeeping provided to the contractor so they have the proper operational Waste Management procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, Employee/Contractor Training state, and federal codes, laws, and regulations. Proper Cleanup and Disposal Procedures Procedures Related Procedures Obtain all applicable federal, state, and local permits for • Heavy Equipment and Vehicle construction projects. Maintenance ■ The Colorado Stormwater Construction General Parks and Open Space permit applies to construction sites disturbing one Maintenance acre or more, or less than one acre but part of a larger Spill Prevention and Response common plan of development. Street, Curb, and Gutter Replacement and A larger common plan of development is defined as Construction a contiguous area where multiple separate and Utilities and Storm Sewer distinct construction activities may be taking place at System Replacement and different times on different schedules under one Construction plan. Vehicle Fueling ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle . tracking control. Sediment and erosion controls will be Page 11 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 Trash Good Housekeeping Dumpster/Waste Management Employee/Contractor Training Proper cleanup and disposal procedures Dry cleaning methods Related Procedures Spill Prevention and Response When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures General Obtain all applicable federal, state, and local 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. t of 3 • Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and/or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Bridge Construction • Do not transfer or load any materials directly over waterways. • Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Work • Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. :� • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Work • Control the placement of road base or asphalt used in embankments or shoulder backing; do not allow these materials to fall into any storm drain or watercourses. • Whenever possible, recycle asphalt. If recycling is not possible, dispose of as solid waste. Painting and Striping • If possible, schedule painting and striping projects during dry weather. • Use thermoplastic or epoxy markings in place of paint whenever feasible. • Use care to prevent splashing or spilling of any liquid material. Follow the mill 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 City, State Description Phone Street, curb, and gutter activities include concrete and e-mail asphalt installation, maintenance, repair, and replacement; bridge maintenance; and painting and Possible Pollutants striping. Procedures involving the maintenance of Fine-grained sediment streets, curbs, and gutters have the potential to impact Organics stormwater quality. Materials involved in these Oil activities should be used efficiently and disposed of Saw -cut slurry properly. Trash When services are contracted, this written procedure Good Housekeeping should be provided to the contractor so they have the DumpsteNWaste Management proper operational procedures. In addition, the Employee/Contractor Training contract should specify that the contractor is Proper cleanup and disposal responsible for abiding by all applicable municipal, procedures state, and federal codes, laws, and regulations. Dry cleaning methods Procedures Related Procedures General Spill Prevention and Response . Protect storm drain inlets and drains with curb Street Sweeping socks, rock berms, inlet protection, or drain Street Sweeper Cleaning and covers/mats prior to any maintenance activity. Waste • When saw cutting ensure that no slurry enters the storm drain, let the slurry dry, sweep it up, and properly dispose of the sweepings. • Do not perform concrete or asphalt patch work during wet conditions whenever possible. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Monitor equipment for leaks and use drip pans as necessary. • Sweep or vacuum the roadway once maintenance activities are complete. Bridge Maintenance Do not transfer or load any materials directly over waterways. • Secure lids and caps on all containers when on bridges. Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Maintenance Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Maintenance • Sweep to minimize sand and gravel from new asphalt from getting into storm drains, streets, and creeks. Do not allow asphaltic concrete grindings, pieces, or chunks used in embankments or shoulder backing to enter any storm drain or watercourses. Apply temporary • perimeter controls. Install silt fence until the structure is stabilized or permanent controls are in place. Whenever possible, recycle broken asphalt. If impossible, dispose of as solid waste. Drainage inlet structures shall be covered with inlet protection during application of seal coat, tack coat, slurry seal, and/or fog seal. Painting and Striping If possible, schedule painting and striping projects during dry weather. Use thermoplastic or epoxy markings in place of paint whenever feasible. • The pre -heater for thermoplastic striping and the melting tanks used during pavement marking must be filled carefully to prevent splashing or spilling of materials. Leave 6 inches at the top of pre -heater and the melting tanks to allow room for material to move and splash when vehicles are deadheaded. Employee Training • Train applicable employees who perform street, curb, and gutter maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter maintenance. Records • The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. No Text Spill Prevention and For More Information Name Response Address City, State Description Phone Due to the type of work and the materials involved, many e-mail activities that occur either at a municipal facility or as part of municipal operations have the potential for accidental Possible Pollutants spills. Some municipal facilities operate under Spill Chemicals Prevention Control and Countermeasures (SPCC) plans Toxics that include procedures for spill response. Proper spill Oil response planning and preparation enables employees and Paint contractors to effectively respond to problems and Fuel minimize the discharge of pollutants to the storm sewer Good Housekeeping system. Waste Management When services are contracted, this written procedure should be provided to the contractor so they have the Employee/Contractor Training proper operational procedures. In addition, the contract Proper cleanup and disposal should specify that the contractor is responsible for procedures abiding by all applicable municipal, state, and federal • Related Procedures codes, laws, and regulations. Fertilizer, Pesticide, and Herbicide Application Procedures Heavy Equipment and Vehicle Spill Prevention Maintenance • Keep work areas neat and well organized. Material Storage • Maintain a Material Safety Data Sheet (MSDS) for Materials Management each hazardous chemical. Follow the Outdoor Outdoor Vehicle Maintenance Material Storage procedures. Vehicle Fueling Provide tight fitting lids for all containers. Keep containers clearly labeled. Labels should provide name and type of substance, stock number, expiration date, health hazards, handling suggestions, and first aid information. Store containers, drums, and bags away from direct traffic routes to prevent accidental spills. Inspect storage containers regularly for signs of leaking or deterioration. Replace or repair leaking storage containers. Use care to avoid spills when transferring materials • from one container to another. Page 1 of 4 Use powered equipment or get assistance when moving materials to and from a storage area. Use care to prevent puncturing containers with the equipment. Do not wash down or hose down any outdoor work areas or trash/waste container storage areas except where wash water is captured and discharged into the sanitary sewer (if approved). • Conduct periodic inspections to ensure that materials and equipment are being handled, disposed/recycled, and stored correctly. • Provide adequate spill kits or lockers with sufficient equipment and supplies necessary for each work area where the potential for spills or leaks exists. Inspect each spill kit or locker regularly and after each spill response. Replace any spent supplies or repair any equipment that is worn or not suitable for service. • Stock adequate personal protective equipment. Spill Response Safety Consider safety at all times. Anticipate and avoid all likely hazards. Never approach, contact, or sample an unknown substance. If a highly toxic or flammable substance is discovered, staff should leave the immediate area and contact the appropriate identified response authority, such as the fire department. If there is any question about a substance, contact the appropriate identified response authority or other designated representative. Procedures Stop the leading edge of the spill. Block or divert the spill to avoid discharge to the storm sewer system and to minimize the area requiring cleanup. • Determine the source of the spill and stop the spill at its source by closing a valve, plugging a leak, or setting a container upright. Transfer material from a damaged container. • Identify the material and volume spilled. Contact the appropriate identified response authority or other designated representative if you cannot identify the material and its properties. • Refer to the MSDS to determine appropriate personal protective equipment, such as gloves and safety glasses and appropriate cleanup methods. • Clean up spills immediately to prevent spreading of wastes by wind, rain, and vehicle traffic and potential safety hazards. • Use sand absorbents or socks, pillows, or pads to quickly capture spilled liquid and properly dispose of all clean-up materials. Use dry clean-up methods only. • Complete all necessary reports. 0 Spill Reporting • A spill of any chemical, oil, petroleum product, or sewage that enters waters of the state of Colorado (that include surface water, ground water, and dry gullies and storm sewers leading to surface water) must be reported immediately to the Colorado Department of Public Health and Environment. • Release of a substance into a storm drain, or onto a parking lot or roadway as part of a storm sewer leading to surface water, is reportable. However, if the material can be contained and cleaned within the storm sewer system to the degree that a subsequent flow in the storm sewer will not flush the substance to waters of the State, it may not need to be reported. • Contact the appropriate identified response authority within the municipality or other designated representative and be prepared to provide details needed to report the spill to the necessary agencies. • Detailed spill reporting guidance can be found at hqp: / /www.cdphe.state.co.us/ op/wgcc/Resources/ Guidance/ sl2illguidance.pdf and http:/ /www.cdphe.state.co.us/hm/spillsandreleases.hbn 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. 9 Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMP: Spill Response and Prevention, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed July 5, 2009. 0 • For More Information Name Address City, State Phone e-mail Possible Pollutants Sediment Nutrients Metals Hydrocarbons Trash Good Housekeeping Waste Management Employee/Contractor Training Proper Cleanup and Disposal Procedures Related Procedures Heavy Equipment and Vehicle Maintenance Parks and Open Space Maintenance Spill Prevention and Response Street, Curb, and Gutter Replacement and Utility and Storm Sewer System Maintenance Description This procedure addresses utility and storm sewer system maintenance. Utilities include power, sanitary sewer, water conveyance systems, and the storm sewer system. Power includes electrical and gas utilities. Maintenance of power may require excavation and reinstallation of lines including open cut trenching or directional boring in landscaped areas or street right of way. Electrical and gas line maintenance ensures services are provided to businesses and households without interruption. The sanitary sewer system is cleaned as part of routine maintenance and on an emergency basis. Without proper maintenance, sanitary sewer back-ups and overflows may occur and can result in potential property damage and significant health concerns if not properly managed. Water conveyance systems are flushed and pressure tested as part of routine maintenance. Potable water systems must be properly maintained to ensure delivery of water that meets State and Federal health standards. Failures result in water main breaks that can cause property damage including erosion. 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 a 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. 0 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 urunown 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 Description e-mail This procedure covers utility and storm sewer system Possible Pollutants replacement and construction. Utilities include power, Sediment storm sewer, sanitary sewer, water conveyance systems. Chemicals When services are contracted, this written procedure Organics should be provided to the contractor so they have the Trash proper operational procedures. In addition, the contract Good Housekeeping should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal Waste Management codes, laws, and regulations. Employee/Contractor Training Proper Cleanup and Disposal Procedures Procedures General Related Procedures • Obtain all applicable federal, state, and local Heavy Equipment and Vehicle permits for construction projects. Maintenance 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 5Rill Prevention and Response procedure for reporting requirements. Page 2 of 3 • SECTION 00615 PAYMENT BOND Bond No. CSB0010393 KNOW ALL MEN BY THESE PRESENTS: that Waterhouse, Inc. DBA All Pro Sealing (address) 1432 Reeves Dr., Fort Collins, CO 80526 (a Corporation), hereinafter referred to as the "Principal' and (Firm) Contractors Bonding and Insurance Company (Address) 5445 DTC Parkway, Penthouse 4, Greenwood Village, 80111 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins. 300 Laoorte Ave. Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of Three Hundred One THousand Nine Hundred Twenty - Two Dollars and Thirty -Two Cents ($301,922.32) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated THE 1ST day of February, 2016, a copy of which is • hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7290 Crack Seal & Fill Project — 2016 Renewal. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. • 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 City of Fort Collins Verification Originator Revised Approved Issued Initials Date LR Oct.09 ss 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater Persons who will City staff who perform power washing, and their supervisor/manager. use this ESOP: A variety of City departments perform power washing. The employee Area of who power washes, and his/her supervisor/manager, will use the application: information in this SOP to guide their power washing, and supply purchasing, activities. Document I:\RGA Division\SOPs\ESOPs location: Revisions Rev. Date Description No. 001 002 Procedure Index 1.0 Purpose 2.0 Scope 3.0 Process 4.0 Training Requirements 5.0 References/Related Documents 6.0 Records Revision date: 10/19/2009 Page 1 of 3 City of Fort Collins Regulatory and Government Affairs Division City of Fort _S 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 FCltyof ort Collins Verification Originator Revised Approved Issued Initials Date LR Oct. 09 ss 10,19,09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater please contact the industrial pretreatment office at 221-6938. Disposal into the City's wastewater treatment system may be done either by discharging directly to an inside drain, or by pump truck at the Drake wastewater treatment facility. Disposing by pump truck requires a waste hauler's permit, and a 5 cent/gallon fee will be charged. For fee information, or to obtain a permit, contact the industrial pretreatment office at 221-6938. F. Truck the waste to a different waste disposal facility. 3.4 Once wastewater has been collected, visible solids remaining in the collection area must be swept up to prevent future discharges to the storm drain. 3.5 A sewer manhole cover may not be removed for disposal to the wastewater system. 3.6 If you are working in an area that is serviced by a neighboring wastewater district, such as South Fort Collins Sanitation or Boxelder, it is necessary to contact that district's industrial pretreatment coordinator before discharging to their system. 4.0 Training Requirements 4.1 The training requirement associated with this procedure is knowledge of the proper management of power washing wastewater. 5.0 References / Related Documents 5.1 http://www.cdphe.state.co.us/wq/PermitsUnit/PolicyandGuidance/powerwash.pdf 5.2 I:\RGA division\Illicit Discharge Program\Complaint Calls\pressure washinq\City power washing guidance.pdf 6.0 Records 6.1 The following records could be used to document activities performed: • Records of employee training with sign -in sheet. • List of power washing activities and departments responsible for conducting power washing. Revision date: 10/19/2009 Page 3 of 3 0 0 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.g., concrete barrier or double -walled tanks). Employee training All fuel tanks will be inspected per State and Federal Related Procedures regulations. Heavy Equipment/Vehicle Maintenance ■ Periodically inspect municipal fueling locations for the Outdoor Fleet Maintenance following: Spill Prevention and Response For above -ground tanks, inspect tank foundations, connections, coatings, tank walls, and piping systems. Look for corrosion, leaks, cracks, scratches, and other physical damage that may weaken the tank. ■ Check for spills and fuel tank overfills due to operator error. ■ Clean up any leaks or drips. Clean up is not completed until the absorbent is swept up and disposed of properly. Report leaking vehicles to fleet maintenance. Page 1 of 3 Vehicle Fueling • Follow all posted warnings. • Ensure that the nozzle is properly inserted in the filler neck of the vehicle before dispensing any fuel. • Remain by the fill nozzle while fueling to ensure the nozzle stays in place. • Do not top off the tank of the vehicle once the nozzle has shut off the fuel. • Follow the procedures outlined in the Spill Prevention and Response Procedure to respond to any leaks or spills. • Clean fuel dispensing areas with absorbent material. Never use water to clean up a spill. Mobile Fuel Truck • Provide inlet protection (e.g., berms, weighted inlet covers) for nearby storm drain inlets when transferring fuel and fueling a vehicle. • Use secondary containment when transferring fuel from the tank truck to the fuel tank. All gas cans must be placed in the secondary containment box/pan and remain on the ground when fueling. • Use a funnel to transfer fuel to vehicles and equipment. After the transfer is complete, the funnel should be dried with a rag or placed in a container to avoid dripping fuel on the ground. Employee Training • Train applicable employees who fuel vehicles on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who fuel vehicles. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle Fueling, August 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Fueling, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMPs: Municipal Vehicle Fueling, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed June 18, 2009. Page 2 of 3 • Optional Additional Resources Municipal codes and ordinances that relate to vehicle fueling. Locations of approved offsite fueling stations. Locations of nearby spill kits. Spill Prevention Control and Countermeasures Plan. • • Page 3 of 3 Outdoor Fleet Maintenance For More Information Name Description Address Although it is recommended that fleet maintenance City, State activities be conducted indoors or under cover, it is Phone sometimes necessary to perform fleet maintenance e-mail outdoors (e.g., equipment is too large to fit inside the Possible Pollutants maintenance building, temporary repairs need to be made before the equipment can be moved to the maintenance Metals building, breakdowns, service calls). Toxins Solvents (degreasers, paint Some potential pollutants typically associated with outdoor thinners, etc.) fleet maintenance activities include oil, antifreeze, brake Antifreeze fluid and cleaner, solvents, batteries, and fuels. Consult the Spill Prevention and Response procedure and the Vehicle Brake fluid and brake pad dust Fueling procedure for additional information on those Battery acid topics. Motor oil When services are contracted, this written procedure Fuel (gasoline, diesel, kerosene) should be provided to the contractor so they have the Lubricating grease proper operational procedures. In addition, the contract Good Housekeeping should specify that the contractor is responsible for abiding Drip pans by all applicable municipal, state, and federal codes, laws, and regulations. Tarps Covered outdoor storage areas Secondary containment Proper disposal of used fluids Spill cleanup materials Dry cleanup methods Employee training Related Procedures Heavy Equipment and Vehicle Maintenance Material Storage Spill Prevention and Response Vehicle Fueling Procedures Fleet Maintenance • Fleet maintenance should be performed inside whenever possible. If indoor maintenance is not possible, ensure maintenance is performed in a location where contact with stormwater is minimized, through berming and appropriate routing of drainage. Provide inlet protection (berms, weighted inlet covers, etc.) for all adjacent inlets when work is occurring in close proximity to a storm drain inlet. Have absorbent pads and drip pans accessible to capture leaks and spills during maintenance activities. Keep equipment clean and do not allow excessive build-up of oil and grease. Page t of 4 • Perform regular preventative maintenance to minimize the occurrence of leaks and major repairs. • Recycle and/or dispose of all wastes properly and promptly. Do not dump any liquids or other materials outside, especially near or in storm drains or ditches. Sweep and pick up trash and debris as needed. Clean up spills promptly using dry methods (do not hose down). Consult the Spill Prevention and Response procedure for more information. Cleanup is completed only after absorbent and rags are disposed of properly. Body Repair and Painting • Whenever possible, conduct all body repair and painting work indoors. • Use dry cleanup methods such as vacuuming or sweeping to clean up all metal filings, dust, and paint chips from grinding, shaving, and sanding. Dispose of the waste properly. Debris from wet sanding can be allowed to dry overnight, then swept and vacuumed. Liquid from wet sanding should not be allowed to enter the storm drain. Never discharge these wastes to the storm or sanitary sewer systems. Minimize waste from paints and thinners by carefully calculating paint needs based • on surface area and using the proper sprayer cup size. • • Clean spray guns in a self-contained cleaner. Do not dispose of cleaner waste in the storm drain. Use sanding tools equipped with vacuum capability (if available) to pick up debris and dust. Material Management Store maintenance materials and waste containers (e.g., used oil and antifreeze) in labeled containers under cover or in secondary containment (e.g., double -walled tanks). Chemicals should not be combined in containers. • All hazardous wastes must be labeled and stored according to hazardous waste regulations. • Carefully transfer fluids from collection devices to designated storage areas as soon as possible. Do not store the transferred fluids adjacent to the containers. • Store new batteries securely to avoid breakage and acid spills. • Store used batteries indoors or in secondary containment to contain potential leaks. Recycle used batteries. • Conduct periodic inspections of storage areas to detect possible leaks. Page 2 of 4 • Do not wash or hose down the storage area except in areas where the wash water will only enter the sanitary sewer drain as an approved discharge. Use dry clean-up methods as often as possible. Keep lids on waste barrels and containers, and store them indoors or under cover to reduce exposure to rain. • Periodically inspect and maintain all pretreatment equipment, including sumps, separators, and grease traps to ensure proper functioning. Parts Cleaning Use designated areas for engine, parts, or radiator cleaning. Do not wash or rinse parts outdoors. If parts cleaning equipment is not available, use drip pans or other containment to capture parts cleaning fluids. • Use steam cleaning or pressure washing of parts whenever possible instead of solvent cleaning. • When steam cleaning or pressure washing is used, only discharge wastewater to an oil/water separator connected to the sanitary sewer. • When using solvents, rinse and drain parts over the designated solvent tank so that fluids will not drip or spill onto the floor. Use drip boards or pans to catch excess solutions and divert them back to the tank. Allow parts to dry over the hot tank. • Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning waste to the storm or sanitary sewer systems. Vehicle and Equipment Washing • Vehicles should be washed, whenever possible, in the municipality's vehicle and equipment wash area/bay or taken to a commercial car wash. Employee Training • Train applicable employees on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform outdoor vehicle maintenance. Records The following records could be used to document activities performed: • Record of any major spills and the action taken. • Records of employee training with sign -in sheet. • Heavy equipment and vehicle maintenance logs. Page 3 of 4 • CJ IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 22nd day of February 2016. IN PR E OF: Principal (A�j Waterhouse, Inc. dba All Pro Sealing -- (Title) (Title) (Corporate Seal) 1432 Reeves Dr., Fort Collins, CO 80526 (Address) IN PRESENCE OF: Other Partners IN PRESENCE OF: Surety Contr ctors Bo ding and Insurance Company � By: �� 5445 DTC Parkway, Penthouse 4, Greenwood Village, CO 80111 (Address) `�% 011N0ANo, (Surety Seal) �o°;�•' "• ��9 G • [� • n •;�_, NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. u References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle and Equipment Storage SOP, August 2007. City of Centennial SOP: Vehicle Maintenance SOP, August 2007. City of Centennial SOP: Vehicle Washing SOP, August 2007. City of Golden. Fleet Maintenance Standard Operating Procedure, July 29, 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Maintenance Repair, March 2009. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Washing, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. Partners for a Clean Environment. Stormwater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, • cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. • Optional Additional Resources Municipal codes and ordinances that relate to fleet maintenance. Chemical purchasing policies. Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance. Specific directions on how to use the municipality's vehicle wash area. Spill Prevention Control and Countermeasures Plan. Page 4 of 4 For More Information Heavy Equipment and Vehicle Name Maintenance Address City, State Description Phone Regular maintenance of municipal vehicles and equipment, or e-mail municipality -contracted vehicles and equipment prolongs the life Possible Pollutants of the municipality's assets and prevents the leaking of hazardous fluids commonly associated with normal wear and tear of vehicles Metals and equipment. Toxins Potential pollutants generated at vehicle maintenance facilities Solvents (degreasers, paint thinners, etc.) include oil, antifreeze, brake fluid and cleaner, solvents, batteries and nd fuels. Brake fluid and brake pad dust When services are contracted, this written procedure should be Battery acid provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the Motor oil contractor is responsible for abiding by all applicable municipal, Fuel (gasoline, diesel, kerosene) state, and federal codes, laws, and regulations. Lubricating grease Good Housekeeping Procedures Maintenance activities should be performed inside a maintenance Drip pans building unless the equipment is too large to fit inside or Tarps temporary repairs need to be made before the equipment can be Covered outdoor storage areas moved to the maintenance building. Consult the Outdoor Fleet Secondary containment Maintenance procedure when it is necessary to perform repairs Proper disposal of used fluids outside of the facility (breakdowns, service calls, etc.). Spill cleanup materials Vehicle Storage Dry cleanup methods Monitor vehicles and equipment closely for leaks and Employee training use drip pans as needed until repairs can be Related Procedures performed. Material Storage When drip pans are used, check frequently to avoid Outdoor Fleet Maintenance overtopping and properly dispose of fluids. Spill Prevention and Response • Drain fluids from leaking or wrecked vehicles and Street Sweeper Cleaning and from motor parts as soon as possible. Dispose of fluids waste properly. Vehicle Fueling Vehicle Washing Pagel 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 clearing 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 0 References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle and Equipment Storage SOP, August 2007. City of Centennial SOP: Vehicle Maintenance SOP, August 2007. City of Centennial SOP: Vehicle Washing SOP, August 2007. City of Golden. Fleet Maintenance Standard Operating Procedure, July 29, 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Maintenance Repair, March 2009. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Washing, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. Partners for a Clean Environment. Stormwater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. iOptional Additional Resources Municipal codes and ordinances that relate to vehicle and equipment maintenance. 0 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 Fort Collins Streets NN��, W+E S STREET MAINTENANCE PROGRAM MP (S ) 2016 Crack Seal Planning Revised January 26, 2016 Map 1 of Legend —Crack seal streets City Limits vlountain Vista Dr 111r► � - co ° "A-1- I 7 v :.�• ��: ...5 .. ��� + lL■III io �� � m =r ' _ ��-� 1 •l IIYIY■!■■■!in sommagoollmomms 0011%ame]1■NNO■nl w_ AN!\�'�1■ILm �=Y.W �._._.. 1�IIIIl111 � ' � - � ���=1�Ir tea• a��:..y'��� JI ► . 'lot ft J -ice � �� 1 � � '� • -. ., _NOR w -1= JI i RE (<� 0 7,400 14,800 Feet I I I I I I 1 I I Overview I V. City of Flirt Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2r"� Map 3 of ko Legend —Crack seal streets City Limits ®Schools 0 3,700 7,400 Feet Northeast Quadrant City of Fort Collins 40'0� Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 4of28 Legend —Crack seal streets City Limits ®Schools Meadowlark CS 1 W r etooth m P. ? E Ho setood-i. L - county 22N _��� o Creekslde C. I oodla�nd CS�— 4. N Harmony d EHarm ny 4d o 2 � a; V� ti1 U U) p � tm (nrN OCA W Tril y Rd E 5y R rn a m 0 ooa ci 1d9e%iGs \ C enierRd 392 3,700 7,400 Feet Southwest Quadrant City of STREET MAINTENANCE PROGRAM (SMP) F6 t Collins 2016 Crack Seal Planning Revised January 28, 20'S Streets Map 5 of ku N Legend W E —Crack seal streets City Limits ®Schools S 0 3,700 7,400 Feet Southeast Quadrant CONTRACT DOCUMENTS TABLE OF CONTENTS BID INFORMATION Section Pages 00300 Bid Form 00300-1 - 00300-3 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of 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 4* 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 RLI® Chk MRuCONWA r 9025 N. Lindbergh Dr. I Peoria, IL 61615 cone:(800)645-24021Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: W.R. Withrow, Megan A. Brown, Laurie Lewis. Renee Dameron• iointly or severally in the City of Denver . State of Colorado , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars (_ $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: 1"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the orporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this Jth day of Jam, 2DJ..E. NCE 'VAP o PON ,•ri" oq,aO�%1 .'� _ �Oo, r SEAL: , SEAL ° State of Illinois l �uno�s ....... S 't ON SS 1 N ` County of Peoria J} On this 5th day of January 2016 before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. RLI Insurance Company Contractors Bonding and Insurance Company Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this Z2ndday of February 2016 . • g,C, RLI Insurance Company Jacqu ine M. Bockle Notary Public Contractors o ing and Ins Company _. A l. "OFFICIAL SEAL" o Hors Barton W. Davis Vice President 'smeals a+e os JACQUELINE M. BOCKLER COMMISSION EXPIRES 0111N18 0575578020212 A0059115 City of STREET MAINTENANCE PROGRAM (SMP) Fort Collins 2016 Crack Seal Planning Revised January 28, 2016 Streets Map 6of28 N Legend w E —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools t Parliament Ct - __ ____ Fossil Creek Pkwy _ . __.. --'� --- - Pheasant or r ' Fossil Creek Pkwy = x chiCad-. im t i� I Clithosa ct i Marshall St .i Prescott St y`G`oi�a C0 Pion Rd c m c m L fm Canvasback Dr CanJa�aGKCt N � ~ Courtenay Cir Brittany St t c�5t Qo ea Westbourn e . el ct ` Hawkeye a�� ___ St Westbourn Cir`, s 1 c� E Trilby Rd I ;moo 0 E" E 5a a� o o F y, cB c, c c M c_ ry 9 m m N Dert seQ\ Willow Way \, GewoodDr �% Antigua Or ' Beverly-6renn Ln-- 0 440 880 Feet Brittany Knolls CS I I I I I I I I I 0 N Mckinley Ave Sylvan Ct o Pearl St is 0 0 Tt CID M Jamith N Mack St b 1� m n Washington Aval Columbine Ct . N Grant Ave m r �IZ nn a n N Loomis Ave C �p N vitoomb St N - N Franklin St Aztec Dr m a Tedmon Dr m y-- W N _m ig n = Riddle Dr CW shields sr �L o � o m 3 = m 3 M West St Hawkins St Griffin PI Park St I Elm Ct 0 m z I Wood St f n�L Mn r., 10(.) r in p m r— m � w �,A V . I I � � t7 < m a N n v U) CD N Cn CD rn N CD a w O 0 tD to 0 o 0 m 3 (n Z N m 0 Z �D o Z M n � �I m ' � U) O m �• �S C n l;Q �i Fort Colls 4'*����Street'' N W+E DVS STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 8 of 28 Legend —Crack seal streets City Limits —Private Streets (do not treat) ®Schools i - Lorraine Dr Z C I a J �jesNteY+: G WINVIox Ln "' `V �'d+ 'o ear t Sundance f(n��\�o , m Bramblebush St Cir N M ckorange VA I X, / P O ���^Psr •,, etrtcCassh - � aP�h%iis ioryQr Suyrdart-ce Ct g (`'� i rri. 9 n % �o 3 jt � pW �iov k \ 0- e �.rr � Group Cir - t \ Bayberry eregrin�Riin` e Indian Pa lbruSh C I Cranberry i Wnte7 r �mbleberry Ctber Ct .-_, v `__._. _� 9, Bristlecone Dr g i_ - Quail Y - FOkrail t .c° Run > Steepl Hibdon 4 ...... 9F Q Ct Cr l ./ r Coulter St Clark St ci Nokomis Ct } y U Sitke St i '�. o ' mU �( 297 ra g ini, v U Hickory St _ m t Conifer St Hickory St \tet`' f -- -- �°n re _ Q n Fireweed Ln Y` Forget Not n () Wallflower Or - � Moun perin $ m S Hemlocks Echo Mount n Ln r arrow c. an re m it ?� m « De Cristo Ln y N Sp rge Cir m �m �m z La Garita F S I o Sundro�Cir Plnon St s N `Sup192 Ry �p.. i Alpine Co St ORawn -Main St too0 a Or �d, t �HescheSN��roti E Vine Dr po St Lop a � m t San c c 0) Cristo St om 0 1,000 2,000 Feet Conifer CS I I I I I I I I I City of Fort Collins Streets N w+ t: S y m c o � v W La el St A 01 4 W Prospect Rd 011 - O I E 0 770 E Pli jn St I STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 201A Map 9 of 2u Legend —Crack seal streets City Limits — Private Streets (do not treat) ®Schools rn in N m o q a W E Laurel 1LLa St E Laurel St E m Eastdale Dr126 v° Uill t U T O Locust St r E Elizabeth St E Elizabeth St OPEN ARMS (�7/,,CHRISTWV [(PRESCHOOL HARRIS BVAi P@kin St 0 d U N n c a a 5 x \ s 0 c v E F8ART0tYE-,ARLYj; ! Apex Dr SS U a CHI =00D m` a R Pr°°� 1,540 Feet Crafts CS Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 10 of 28 N Legend w E —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools 360 720 Feet Creekside CS City of Frt CollinsStreets NN W+ E S YProspect Rd W Prospect Rd Q� Pal ? l 0 - Azalea D. SDmac St ;ounty ROaa 42C bounty Road 42( Garrett Dr U W Lake St is °n N m of J rn L e "L Holly' "PI -aHolly S, Sin STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28. 204A Map 11 of �_u Legend —Crack seal streets City Limits —Private Streets (do not treat) ® Schools Ash D2 Hillcrest or 1 5 1 o I - ildw ad Ct p Knotw�ood Ct of o 0 as - S m O QI o LL W Prospect Rd m i o O � U /BAUDER Y i o O t p ELEMENTARY s o " Z ! 0— SO, '' ', -_ Coventry Ct Charleston Ct Fairbrooke Ct P� Rutledge Ct - Somerville Ct - --- _I d o a H579boume r guttolk St II Lrkels Ctd6s _ Shropshire o _.-..,.. o Ave -1 �+ ��_____.-- �— Indian moo-`•. n , m ..- R yioo61 °� Peaks Pt O Dorse6Ct wsr`a�st -- 3�0 9ShiieO �ome`date ck Ry Nj Neil or Morgan Bevan n ct ct S Clydesdale Cf Clydesdale Dr - pipestone or t Pampas boy e t r � D Stanley Ct- I U m r Ot c Pamp . 1 E O `c , 3egrass or �uince Ct o D U aor/ 0 N V W m Lodi Ct m r U C i aunt RL) W.Drake Rd Fox Seccorpb Run Ct Dr xreen Ct CongWorfh Rd K IKingsborough or m0nno Ct MIDDLE S IDDLE - SCHOOL Shef(iarQ.D Panama Ct & yr �:S Manct ester ogC� �atpr Karakul Ct 9^ Berk, ire Dr os� o 2�o\a`yO sh^P E O Valle;_ Sc e p Gr Limousin Ct tr Forge Cr m i v a Valley Forge Av ® o a m ?: yamPshire Sq ®Itov 0 Hampshire Dtt � c-I Water Blossom Ln ern Way 0 990 1,980 Feet Drake Hill CS City of Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 12 of 28 N Legend w E —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools 0 1,000 2,000 Feet East Stuart CS I 1 i i I i i I I F�ort Collins ` Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 201� Map 13 of 2v N Legend w E —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools Sagewater Ct 0 m c Rock chi Park Or 0 800 1,600 Feet Fossil Lake CS I t I t I t I I 1 City of Fort Collins 41 Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 14 of 28 N Legend w�s —Crack seal streets City Limits Private Streets (do not treat) ®Schools S J 540 1,080 Feet Harvest Park CS I I I I I I I I Fort Collins Streets W I: s STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 20+R Map 15 of �_u Legend —Crack seal streets City Limits —Private Streets (do not treat) ®Schools cl� coLoRAoo y , STATE. o ^ 1 UNIVERSITY I I HAR'SHACOM'j PRESCHOOL6ND '.. o 1 Wagonwheel or K NDER o a jl o i Winchester Dr v U N m s C g� 2 i W Thunderbird or II c Q k "` o V \k`�` W Harvard St Rocky Mountain Way w }Q v 3 �e Frontier Ct Uo cr Cavalry Ct U N m a EAT77E � � c v VENTARY j Junco. cQi Ct � � d C m C tr ow Rd Bobolink Robin Ct Ct Cardinal Ct plowman Way Citation Ct p _ q\ Riva Rid9eDr'.- i Pkwy 0 690 1,380 Feet Meadowlark CS I r r r 1 r r r I r L Ala. O CERTIFICATE OF LIABILITY INSURANCE 9/23/2015�1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Flood and Peterson PO Box 578 Greeley CO 80632 CONTACT Katie Lebron-Frank CISR NAME: PHOAIC.NE (970)266-7157 FAXAIC Not,(970)330-1867 E-MAIL KLebron-Frank@F1oodPeterson.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURERAAutO Owners Insurance Group INSURED Waterhouse, Inc. Dba All Pro Sealing 6 Asphalt 1432 Reeves Dr. Fort Collins CO 80526 INSURER BAuto-Owners Insurance Group INSURERC:Pinnacol Assurance 41190 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER-CL1592305820 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF INSURANCE ADDL UB POLICY NUMBER POLICY EFF fMMIDDfYYYYl POLICY EXP IMM/DD/YYYY)LIMITS GENERAL LIABILITY EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300, 000 A CLAIMS -MADE �X OCCUR X 1046327901600115 4/22/2015 4/22/2016 MED EXP(Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 X I POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000, 000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS X 838261600 4/22/2015 4/22/2016 Ix BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accalenl $ HIRED AUTOS X NON -OWNED AUTOS $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 B EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ 8-382616-01 9/22/2015 9/22/2016 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY RIETORIEXCLUD EXCLUDED? OFFICER/NI (Mandatory In NH) NIA 163174 4/1/2015 4/1/2016 X WC STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Certificate holder is included as Additional Insured as required by written contract with respects to liability arising out of work performed by the named insured. City of Fort Collins 215 N. Mason St. Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE K Lebron-Frank, CISR/ ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025.^nvin5 P.: Th. Ar npn name �nH Innn nro rnniclereri m�r4e of ACr1Rr) 1.7 (J1 0) O I I r -0 n � ;Z' v a N n CD F Cl) m 4 - CD U) CD m �. m QN 0 O CD w o r 41 m v O h N OD 10 (r cnp CD P � Y cn m m 3 D co 0 00 C) 0 CD CD CD <v Q v P Cn CD CD CD r 0 (D m 0 0 0 0 CD CD m � 0 7' lG o 0_ m 3 y ;. v 70 O mn on �.L Crmoo Cf)p CD r— m r N Fort Collins • Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 18 of 28 N Legend w F —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools 525 1,050 Feet Parkwood CS I I 1 I 1 1 1 City of Frt Collins Streets - N W+E DVS STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 19 of Legend —Crack seal streets City Limits —Private Streets (do not treat) ®Schools yam` M, Hudson Cl gm,�r Kaslam Ct - LY 6 I y m _ Sed9wickDr Atwood Ct 1II 1` 1t Q 1 tyy m Cheops Ct It f�eham ct j w pestini �t in i v- � v 1 r Tlflin i j1 �ct c �e Prichett Ct COYOTE --�- RIDGE EL'EMENTARY ! CtgppSue 33 \ � N ` O U 0 u_ kirh Or � .c PeNon 0 r � m S a f0 3 0 7 Z Q G� Keenesb�t9 U C O C T s 3 to a Stonington Ln LastC nce Ci cr Carpenter 3921 Rd tV 3 t CID h 0 700 1,400 Feet I t i i I t i i I Ridgewood Hills CS City of Frt Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 20 of 28 N Legend w E —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools 890 1,780 Feet Rigden Farm CS I I I I I I I I I City of � F6rt Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 201a Map 21 of �_., N Legend w 1` —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools 0 580 1,160 Feet Sidehill CS I I 1 I I I I I Fort Collins 6"O'� Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 22 of 28 N Legend w E —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools 3 680 1,360 Feet South Glen CS City of ,Fort Collins Streets N W+E ���VVV s a RIDGEVII CLASSIC SCHOC I unLE / ILE BEARS CHZ CARE9NC Commanche Or i -0 Q 4m io Dartmouth TrI OUR SAVIOURS LUTHEEAN� PRESCHOOL E Stuart St Solstice l.n Columbia Rd �Parkwood Dr Columbia Rd Packwood Dr 0 520 1,040 Feet I I I I I I I I STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning �:evisetl Jrmuery 20. 20'r, Map 23 of k� Legend —Crack seal streets City Limits Private Streets (do not treat) ®Schools in /— m C 3 I m II U HurMr Ct Stoney H1140r m v T Kirkwood or Teat Or a Kenwood Ct u U Rolf Ct o` GIL or 1I Sagewood or Stonehenge CS City of Fit Collins • Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 24 of 28 N Legend µ' E —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools 620 1,240 Feet Valley Hi CS Tradition o z Or t•) j n % O o Colony Or A C , / 6�0^ is CD p Dar� TCD m Rockaway St O nAX mzm Mayflower Ct Riva Ridge Rd 2 0 y �drr = Haven Ct Cf m a o Manhattan Ave Manhattan Ave Riva Ridge n a O Justice Ct '+ o'r rf 0 o N f� i l Riva Ridge Or m n Bale Or and �f m J Mcclelland. Or Mcclelland Or Meadowlark Ave 0 3 �5 Killdeer Or C) m a m m n a I I � � C7 N 0 CD m Cn CD at CD Cn CCD En CD CD a N 0 7 O CD T Cn ® C) o o _r Cn N W I� Z N M O Z � D Z nn �m fy 0 fD � N d � U1 O m 3• r o 3 •� Ok SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. n U • City of �,F`o_rt Collins Streets N W+E ��F S STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 26 of 28 Legend —Crack seal streets City Limits —Private Streets (do not treat) ®Schools Monty Rd _ Lakeridge Cl COLORADO �ST&1E110 Clea IeW Dr Skyline Dr Lakewood Dr U' RSIT•v FORTiCOLLINS- ' p m 1nt' tlurton Ct Springfield Ct>�li@sei+ooi g gpdngfeldDr ASSOt��I%1 �K r S �+�'• y� V l Bennett Rd _ James Ct � �W Lake S[ nQ m _ - — C,�a�,�tte,rock Ct w $ 4� a -� ELEMENTARY - m ergrae o` i'Carks W Lake St Evergreen Ct H o- - m •,� mmer St o` R m W Prospect Rd u 5 a r C ian PI a` aym rket 3 FoxhaIt Ct a. m a c 3 LL i Wicklo� PI o pc - • ood '� Longworth Rd = Gtir -- - �� � � Hobbit St , -` VIi1d9P --r�rC �St li Suffolk Ct Promenade W Stuart St roppshire 'O P Ave _ Way \" Ne�•St Heatheddge Ct --- ' <e. `.. ly�s~�� NN" Madbo ugh Ct Edgewodo Ct ' e Roron �rough �'Or �. eStG Spring Cry ey ~ m c �c`l ,Ave -�...—. c a ate. y '� o , -re �n E e° , � Ftaedom Wind Trl ill Z ly 3 o Sa C, Winfield'Ori PondRd`� T9 Winfield Ct a• aid t o Glenwood Or a t7 - et d Miri g ore�C it nderi Dr - ciNer N Gt BL'EVINS p Manchaaster C �` �,, _ ; o fn v Independence Ct s c g Bland "e.-----Ssex1 �+ Moore olland Moore D .r ,oae 1" \ip 1 m v fi0 �., J.,Windsor Ct Cons 'on It e shires i Cr �o o -``o.-�-- - -_ > - Evensta dr S Valley n Scarborough or Ct oc % s E a Forge U Ayrshire or .�Cr �-- �'• uI Germantown Ct(`-, r o . aee or i 3 Centre Ave Valley F eAm U Concord Or �¢ �Centre Ave TREEHOUSE m ?� m MONTESSORI —� Yorktown ' 0 1,000 2,000 Feet West Stuart CS F�ortCollinsStreets ` N //p W+E �VSS Ebon Pica St $.,, Raven S Crestmore Ct O view Rd _ N Crest more Ct OrchardPI �nwor DrU4L�AflfS Broadview PI Mcellister Ct STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 27 of Legend —Crack seal streets City Limits —Private Streets (do not treat) ®Schools W Elizabeth St m a R ❑ ❑ ❑ Y - Y ra m _ 2 0 0 E g Leesdale Q m 3 m m Ct o m tj U ¢ m iR law Crv\� leae Ct y .N — as Springfield Ct v K oW Lake St Ca ck Ct ergreen Dr o Lark ur C Eve en Ct a m m L C v ❑,'. — LongwoM Rd oKdk S St Nil Promenade C Way d �� 1 h6orouah Or I �R'��a,, R� eney 0 c 0 D W Westview Ave 01 o o p o n U o 1 ur _ Mantz PI�- /more. Pl Birch St m ❑ o' m ® Z' m 3 Baystone or W Plum St onAster St Ave vvesrward or O a co Z PD a� h❑� Spnngfleld Or C 'cA Burton Ct co o James Ct m 32 Bennett Rd LL c 6ENNET.7 ELEMENTARY J W Lake St mmer St m` I W Prospect Rd m W ❑ IC $ �, aym2rkelian PI 13 a 3 I Foxhbll Ctlr0 a PI LL i—_ V' C `J.�`F taga Ne Hobbit St Gtt Village ParkCr t W Stuart St W Stuart St ' R _ . 'Marlla ugh Ct H ttlCt ge Ct C� V ' �---i Ed9ewoa� Gt ' —LGL Spring Crel, Ln ctes moo Wo o �� oa i Freedo � Q, 0 1,000 2,000 Feet Western Heights CS I I t t I t t t I City of Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2016 Crack Seal Planning Revised January 28, 2016 Map 28 of 28 Legend w F —Crack seal streets City Limits s —Private Streets (do not treat) ®Schools 0 530 1,060 Feet Woodlands CS t 1 I 1 I I 1 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 7290 Crack Seal & Fill Project 2016 Renewal LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins CONTRACTOR: Waterhouse. Inc. DBA All Pro Sealing CONTRACT DATE: February 1, 2016 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 OWNER By: AUTHORIZED REPRESENTATIVE DATE 04 n U • REMARKS: 20 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Vogel Concrete Inc. Gentlemen: You are hereby notified that on the day of 20 , the City of Fort Collins, Colorado, has accepted the Work completed by Waterhouse. Inc. DBA All Pro Sealing for the City of Fort Collins project, 7290 Crack Seal & Fill Project - 2016 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 February 1. 2016. 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: Citv of Fort Collins By: Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Waterhouse, Inc. DBA All Pro Sealing (CONTRACTOR) PROJECT: 7290 Crack Seal & Fill Protect — 2016 Renewal 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver s Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of ATTEST: PAQ CONTRACTOR: Waterhouse, Inc. DBA All Pro Sealing Title: Secretary STATE OF COLORADO ) )ss. • COUNTY OF LARIMER ) Subscribed and sworn to before me this Witness my hand and official seal. My Commission Expires: 0 day of Notary Public 20_, by_ SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Waterhouse, Inc. DBA All Pro Sealing PROJECT: 7290 Crack Seal & Fill Project — 2016 Renewal CONTRACT DATE: February 1, 2016 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , 20 (Surety Company) ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 0 Cl DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number. ( Business telephone number: Colorado withholding tax account number: Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year I construction start date completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: 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 00020 INVITATION TO BID • SECTION 00700 GENERAL CONDITIONS n 11 XWW7\�zl1M-1-C P OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDCNo. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (IZEV 9/99) 0 0 Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL COMMONS Page Article or Paragraph Number Number & Title DEFINITIONS .....................................................1 1.1 Addenda....... ...................................... 12 Agreement . ......................................... 1.3 Application for Payment_ ............ ....... 1 1.4 Asbestos . ..... ... .. ..................... ) 1.5 Bid .....................................................1 1.6 Bidding Documents ..................... ...... 1.7 Bidding Requirements ..........................1 1.9 Bonds ................................................. 1.9 Change Order........._ ................ ....... _1 1.10 Contract Documents ..... ...... - ............... I 1.11 Contract Price ....................................1 1 1.12 Contract Times..._...............................1 1.13 CONTRACTOR ..................................1 1.14 defective .............................................3 1.15 Drawings ............................................. 1 1.16 Effective Date of the Agreement .......... J 1.17 ENGINEER ........................................1 1.18 ENGINEERs Consultant ...... 1.19 Field Order I...........................1 1.20 General Requirements ......................... 1.21 Hazardous Waste 2 1.22a Laws and Regulations, Laws or Regulations ....................................... 2 L22.1b Legal Holidays ....................................2 1.23 Liens ..................................................2 1.24 Milestmm- ....................................... .2 1.25 Notice of Award 2 1.26 Notice to Proceack .............................. . 2 1.27 OWNER .............................................7 1.28 Partial Utilization ................. .............. 2 1.29 PCBs .................................................. 7 1.30 Petroleum... ........................................ 1.31 Project ............................. . ................. 1.32.a Radioactive Material ................. .......... 2 1.32b Regular Working Hours,,,,,,,,,,,,,,-,,,,,_„? 133 Resident Project Representstivq ........ _7 134 Samples ..............................................2 1.35 Shop Drawings ........ ............ ......... 2 1,36 Specifications ...................................... 2 1.37 Subcontractor ..................................... 1.38 Substantial Completion ............. ........ 1.39 Supplementary Conditions,,,,,,,,,,,,,,,,,,,? 1.40 Supplier ..............................................2 1.41 Underground Facilities .....................2.3 1.42 Unit Price Work .................................. 3 1.43 Work ..................................................3 1.44 Work Change Dircctive ............ _ ......... 3 1.45 Written Amendment ...........................3 Page Number PRELIMINARY MATTERS ................................ 3 2.1 Delivery of Bonds ............................3 2.2 Copies of Docunscritt.......................3 2.3 Commencement of Contract Times; Notice to Proceed ...... 3 2.4 Starting the Work ............................3 25-2.7 Before Starting Construction-. CONTRACTORs Responsibility to Report, Preliminary Scheddes; Delivery of Certificates of Insurance ...... 3A 2.8 Preconstruction Conference .............. 4 2.9 Initially Acceptable Schedules .......... 4 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ...................................... .4 31-3.2 Intent 4 3.3 Reference to Standards and Speci- fications of Technical Societies. Reporting and Resolving Dis- crepancies ......................... ....... 4-5 3.4 Intent of Certain Terms or Adjectives .................................... 5 3.5 Amending Contract Docunenbs ... 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 .............. ........ 54 4.2 Subsurface and Physical Conditions 6 4.2.1 Reports and Drawings ..................... 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data 4-2.3 Notice of Differing Subsurface or Physical Condition; ................... 6 4.2.4 ENGINEERS Review ........................ 6 4.2.5 Possible Contract Documents Change......................................... 6 4.2.6 Possible Price and Times Adjustments ..................... _6-7 4.3 Physical Condtions-Underground Facilities.......................................7 4.11 Shown or Indicated 7 43.2 Not Shown or Indicated ....................7 4.4 Reference Points ..............................7 EJCDC OENEU.L COMMONS 1910 -8 (1990 EDMON) W/CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material....................7-8 5. BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bonds..............................................8 5.3 Licensed Sureties and Insurers; Certificates of Insurance .................... 5.4 CONTRACTOR's Liability Insurance, ......................................... 9 5.5 OWNER's Liability Insurance ............... 5.6 Property Insurance ............. ............. $L10 5.7 Boiler and Machinery or Addi- tional Property Insurance.................10 5.8 Notice of Cancellation Provision .... ,..,.10 5.9 CONTRACTOR'sResponsibility for Deductible Amounts .................... 10 5A0 Other Special Insurance .....................10 5.11 Waiver or Rights ................................11 5.12-5.13 Receipt and Application of Insurance Proceeds.. . .................. JO-11 5.14 Acceptance of Bands and Inst- ance; Option to Replace ...................11 5.15 Partial Utilization --Property Insurance........................................11 5. CONTRACTOR'S RESPONSIBILITIES ...............11 6.1-6.2 Supervision and Superintendencq ....... 11 6.3.6.5 Labor, Materials and Equipment ... 11-12 6.6 Progress Schedule..............................12 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense, Substitute Construction Methods or Procedures; ENGINEER's Evaluation ............. 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Right.........................13-14 6.12 Patent Fees and Royalties...................14 6.13 Permits ................................ ...._.......14 6.14 Laws and Regulations._„....................14 6.15 Taxes...........................................14.15 &16 Use of Premises................................15 6.17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading.....................15 6.19 Record Documents .................. ....._..15 6.20 Safety and Protection„_-_..............15-16 6.21 Safety Representative .........................)6 6.22 Hazard Communication Programs,,,,,,16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Sam pley..............16 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal ................................. 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER, ..... 16-17 6.27 Responsibility for Variations From Contract Documents ........... 17 6.28 Related Work Performed Prior to ENGfNEER' Review and Approval of Required Submittals...................................17 6.29 Continuing the Warl......................J7 6.30 CONTRACTOR's General Warranty and Guarantee..............17 6.31-6.33 Indemnification... __....... .......... 17-18 6.34 Survival of Obligations...................18 OTHER WORK.................................................18 7.1-7.3 Related Work at Site.......................18 7.4 Coordination.................................18 OWNER'S RESPONSIBILITIES .........................18 8.1 Communications to CON- TRACTOR ................................. is 8.2 Replacement oCENGINEERJ8 8.3 Furnish Data andPay Promptly When Ihtc..................................18 8.4 Lands and Easements; Reports and Tests ... ......... ........... ....... 18-19 8.5 Insurance.......................................19 8.6 Change Ortkrk..............................19 8.7 Inspections. Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services ......................................19 8.9 Limitations cn OWNER'S Responsibilities; ...........................19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material19 8.11 Evidence of Financil Arrangements..............................19 ENGINEER'S STATUS DURING CONSTRUCITON ..................... _...................... 19 9.1 OWNER's Representative,.,.,..„___.„ 19 9.2 Visits to Site..................................19 9.3 Project Representative ...............J9-21 9.4 Clarifications and Interpre- tations..............................._ ........ 1 9.5 Authorized Variations in Wrk........ 1 E3MC tlateltAL CONDMONS 19104 (IM EDInON) w/ CITY OF FORT COLLINS MODIFICATIONS 11Z1:V 91") 0 Article or Paragraph Page Article or Paragraph Number & Title Number Number & Title 9.6 Rejecting Defective Work ...................71 9.7-9.9 Shop Drawings, Change Orders and Payments .................................... 21 9.10 Determinations for Unit Prices.- 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter ..............72 913 Limitations on ENGINEERS Authority and Responsibilities ..... 22-23 CRANGES IN THE WORK ;3 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 Suret.........................23 CHANGE OF CONTRACT PRICE 11.1-11.3 Contract Prier; Claim for Adjustment; Value of the Work .................................... 23-24 11A Cost of the Work .......................... 2*25 11.5 Exclusions to Cost of the Work .......... 25 IL6 CONTRACTORs Fee ........................ 25 11.7 Cost Records .............................. .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 .......................... 12.3 Delays Beyond CONTRACTORS Control ...................................... :26-27 12-4 Delays Beyond OW?sIER!s and CONTRACTORS Control ................77 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ..................................................77 77 13.1 Notice of Defects ...............................27 13.2 Access to the Work ... ....................... 27 13.3 Tests and Inspections; CONTRACTORS Cooperation,,.,,,,,, 27 13.4 OWNERS Responsibilities, Independent Testing Laboratory,,,,,,, 27 13.5 CONTRACTORS Responsibilities.._ ....... _27 13.6-13.7 Covering Work Prior to Inspect tim Testing or Approvat .......... ..... 27 0 13.8-139 Uncovering Work at ENGI- page Number NEER's Request ..................... 77-28 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 ol'Defective 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 CONTRACTOR's Warranty of Title 29 14.4-14.7 Review of Applications for Progress Payments ................ .29-30 14.8-14,9 Substantial Completion,,,,,,,,,,,,,,,,,, X 14.10 Partial Utilization.._................. 30-31 14.11 Final Inspection .............................31 14.12 Final Application for Payment ........ 31 14.13-14.14 Final Payment and Acceptance ....... 31 14.15 Waiver of Claims ...................... 31-32 15. SUSPENSION OF WORK AND TERMINATION ............................................... X 15.1 OWNER May Suspend Work .......... 32 152-15.4 OWNER May Terminate ................. 32 15.5 CONTRACTOR May Stop Work or Terminate„ .. ............. ;32-33 16, DISPUTE RESOLUTION 33 17. MISCELLANEOUS .............................._.-....__.33 17.1 Giving Notice ................................ 33 17.2 Computation of Tim es....................33 17.3 Notice of Claim ..............................33 17.4 Cumulative Remedic....................33 17.5 Professional Fees and Court Costs Included .............................33 17.6 Applicable State Laws ....... ....... ;M34 Intentionally left blank ...................................... 35 MaiJBIT GC -A: (Optional) Dispute Resolution Agreement ................... GC -AI 16.1-16.6 Arbitration __ ....... _W-Al 16.7 Mediation ........ ........,,,,,,,,.,,,,GC -Al EJ=GENHKAL CONDMOM 1919-8 0990 EDITION) wt CITY OF FORT COLUM MODIFICATIONS (REV 91991 INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of — Bonds and Insurance ........................................5.14 defective Work ............................ 10,41, 13,5,13.13 final payment .... .. ...... ....... . ...... ....... 9A2,14.15 insurance.........................................................5.14 other Work, by CONTRACTOR ......... - .............. _73 Substitutes and "Or -Equal" Item$ ..................... 6.7.1 Work by OWNER ..............................2.5. 6.30, 6.34 Access to the -- Lands. OWNER andCONTRACTOR responsibiLities ............................................. 4.1 site, related Work .............................................. �.2 Work . ..........................................13.2, 13.14.14.9 Acts or Omissions., Acts and Ora issions— CONTRACTOR ..................................6.9.1, 9.13.3 ENGINEER 6.20, 9.13.3 OWNER ....................................................0.20.8.9 Addenda --definition of (also see definition of Specifications) ...... kL6,1.10,6.19). 1.1 Additional Property Insuranceil ................................. 5.7 Adjustments — Contract Price or Contract Times ...........................1.5.3.5, 4.1, 4.3.2.4.5.2, .................... ......... 4- 5.3. 9.4, M. 10.2-10A. ...............11, IZ 14.8.15.1 progress schedule.-.. _ ......................................... 6.6 Agreement -- definition of......................................................1.2 "All -Risk" Insuirance, policy forml ...........................5.6.2 Allowances, Cash ....................................................11.8 Amending Contract Documents ................................ 3.5 Amendment. Written — in general ................J.10, 1.45, 3.5. 5,10, 5.12, 6.6.2 .........................0.8.Z 6.1% 10.1. 10,4,11.2 ......................... .......... 12.1,13-12.2,14-7.2 Appeal, OWNER or CONTRACTOR intent to..........................9..10, 9.11. 10.4. 16.2, 16.5 Application for Payment — definition of ......................................................1.3 ENGINEERs Responsibility ............................... 9.9 final payment..,,_......,,,_ 9.13.4, 9.13.5, 14.12-14.15 in general ..........................2.8, 2.9.5.6.4, 9.10, 15.5 progress payment ..................................... J4.1-14.7 review of .................................................... 14.4-14.7 Arbitration .. ................... ...... . ....................... 16.1-16.6 Asbestos -- claims pursuant thereto ........................... 4,5.Z 4.5.3 CONTRACTOR authorized to stop Work .........4.5.2 definition o( ........................................................ 1.4 Article or Paragraph Number OWNER responsibility for ...... ...... _ .............. 4.3.1,8.10 possible price and times change,._... ............. .... 4.52 Authorized Variations in Work ......... 3.6,6.25,6.27, 9.5 Availability of Lands . ...... .................................. 4.1.8.4 Award, Notice of—defined.......................................115 Before Starting Construction ......... .................... 2.5-2.8 Bid --definition of ........................1.5 (1.1, 1.10,23, 3.3. ..................... ... 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents —definition Of...................................................1.6(6.8.2) Bidding Requirements—ticlinition Of .........................................13 (1.1. 4.2.6.2) Bonds -- acceptance of ......... ......... : ....... __ ................. 5.14 additional bonds ....................... . ......... 10.5.11.4.5.9 Cost of the Work ............................................115.4 definition of .......................................................1.8 delivery of ................................................... 71.5.1 final Application for Payment,_.,_..,,_„.-_ J4.12-14.14 general ...................................... J.10, 5.1-5.3,5.13, ........................................ 9.13. 10.5. 14.7.6 Performance. Payment and Other..._ .......... _5.1-5.2 Bonds and Insurance --in general .................................5 Builder's risk "all-risk" policy form... . .... .......... -5.6.2 Cancellation Provisions, Insurance____..._ 5.4.11, 5.8, 5.15 Cash Allowanccs....................................................11.8 Certificate of Substantial Completior; ........ 1.38, 6,30.2.3, ...................................... ........... 14.9,14.10 Certificates of Inspection.. ............. .... 9.13.4,13.5,14.12 Certificates of Insurance ... ........... 2.7. 53.5-4.11. 54.13. ................... _.5.6.5,51,5.14,913.4.14.12 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 ....... .......... _95.9.11.10.2.10.5, ILZ 13.9. ....................... 33.13,13.14,14.7,15.1,M5 CONTRACTOTts fee .........................................11.6 Cost of the Work general ................ .............................. J1.4-IL7 Exclusions to ........................11.5 11.5 Cost Records . ............................ . .................. . . 11.7 in general ............. J.19,1.44, 9.11.10.4.2,10.4,3, 11 Lump Sum Pricing ...................... . ..... ........... 11.3.2 Notification of Surly ............... _ ......... . ......... 10.5 Scope of, ............................. . ............. JO.3-10.4 Testing and Inspection, Uncovering the Work ............ . . . .. . ............ 13.9 EJCDC OENERAL CONXTIONS 19104 (1990EDMON) w/ CITY OF FORT COLLINS MOD111CATIONM (REV 91") • 0 Unit price Work Article or Paragraph Number Value of Work .................................................. )1.3 Change in Contract Times -- Claim for times adjustmenl........ 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 Contractual time limit4.....................................12.2 Delays beyond CONTRACTORS control.......................................................32.3 Delays beyond OWNERs and CONTRACTORS control.............................12.4 Notification of surety .........................................10.5 Scope of change........................................10.3-10.4 Change Orders — Acceptance of Defective Work .........................13.13 Amending Contract Documents ..........................3.5 Cash Allowances..............................................11.9 Change of Contract Pric4.....................................11 Change of Contract Time;...................................12 Changes in the Work ............... ......... .................. 10 CONTRACTORs fee11.6 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 of .....................................................) 0.4 Indemnifiction ........................ 0.12, 6.16, 6.31-6.33 Insurance, Bonds and.......................5.10, 5.13, 10.5 OWN ER may terminate ......... .........15.2-15.4 OWNERS Responsibility.............................$.6, 10.4 Physical Conditions — Subsurface and................_..........._..............4.2 Underground Facilities.............................43.2 Record Documents...........................................6.19 Scope of Changq...... _...............................10.3-10.4 Substitutes, ............................................ 6.7.3, 6.8.2 Unit Price Work...............................................11.9 value of Work, covered by ........................... 11.3 Changes in the Work ....... ........1.10 Notification of surety.__._._,_.__,_,,. .... 10.5 OWNERS and CONTRACTORS responsibilities ................................. ......... 30.4 Right to an adjustment........ ..._., —10.2 Scope of change........................................10.3-10A Claims -- against CONTRACTOR----.,_. ........................... 6.16 against ENGINEER........................................6.32 against OWNER...............................................0.32 Change of Contract Prix ...........................9.4, 112 Change of Contract Times ...........................9.4, 12.1 CONTRACTORs..............4. 7.1, 9.4, 9.5, 9.11.10.2. ............. I ........ I .... 11.2. 11.9, 12.1, 13.9, 14.8, ........................... - ........ ......15.1,15.5.]7.3 CONTRACTORS Fee 11.6 Article or Paragraph Number CONTRACTORS 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............................................16.1 Dispute Resolution Agreement ....................16.1-16.6 ENGINEER as initial interpret( .....................9.11 Lump Sum Pricing ............... __..................... 11.3.2 Noticeof..........................................................17.3 OWNERs....................?.4, 9.5, 9.11, 10.2, 1 LZ 11.9 ........................ 12.1.13.9,13.13,13.14,17.3 OWNERs liability ............................................. 5.5 OWNER may refuse to make payment...............)4.7 Professional Fees and Court Costs Included..................................................17.5 request for formal decision (t)............................9..11 Substitute Items ............................................ 6.7.1.2 Time Extension.................................................12A Time requirements...................................9,11, 12.1 Unit Price Work, ----- ................. ................-_.11.9.3 Valueof...........................................................).1.3 Waiver of --on Final Paymenl.................14.14, 14.15 Work Change Directive ...................................... 02 written notice required .....................9.11, 11.2, 12.1 Clarifications and Interpretation;.,,,,,,,,,,,.3.6.3, 9.4, 9.11 CleanSite...........................................................A17 Codes of Technical Society, Organization or Association..................................................33.3 Commencement of Contract Timel ...........................2.3 Communications-- general..............................................AZ 6.92, 8.1 Hazard Communication Programs......................0.22 Completion — Final Application for Payment ..........................14A2 Final Inspection ...... .................................... _ J 4.11 Final Payment and Acceptance.............„14.13-14.14 Partial Utilization...........................................J4.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims............................................34.15 Computation of Tines ............. _... _........... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others ............................._..................6.8-6.11 Conferences — initially acceptable schedules ............................... .9 precotstruction........................................ .....2.8 Conflict, Error, Ambiguity, Discrepancy — CONTRACTOR to Report.. . ....... _ ............. 2-5,3.3.2 Construction, before starting by CONTRACTOR ............................... _.......... 2.5-2.7 Construction Machinery. Equipmao, etc..................6.4 Continuing the Work.....................................6.29. 10.4 Contract Daum ents-- Amen di ng..........................................................3.5 Bonds.............................................................5.1 EKDC GENERAL COMAnONS 1910.9 0990 EDITION) w/ CITY OF FORT COUIM MODIFICATIONS (REV V99) Cash Allowances.--.._ ............. .............. __ ... .... 11.8 Article or Ruagraph Number Change of Contract Price ....................................11 Change of Contract ............ ... _.. 12 Changes in the Work ................................ 10.4-10.5 check and verify ................................................. 2.5 Clarifications and Interpretations ..........................3.2. 3.6. 9.4. 9.11 definition of ...... ....... ............... ... ................. 1.10 ENGINEER as initial interpreter of .................. 9.11 ENGINEER as OWNER's representative,,,,,,,,,,,,, 9.1 gcneraI3 Insurance...........................................................5.3 Intent........................................................ 3.1-3.4 minor variations in the Work ..............................3.6 OWNER's responsibility to furnish data .............. 8.3 OWNER's responsibility to make prompt payment ............ ............. 8-3, 14.4,14.13 precedence ........ .... _ ............................ 3.1,3.3.3 Record Documents ............................................6.19 Reference to Standards and Specifications of Technical Socicticil 3-3 RelatedWork .....................................................7.2 Reporting and Resolving Discrepancies,,,,,,,, 2.5,33 Reuseof ............................... ............................. 3.7 Supplementing ................................. ................ 3.6 Termination of ENGINEEKs Employment .......... 9.2 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 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 2.3 definition of .....................................................1.12 CONTRACTOR — Acceptance of insurancek ................. ................. 5.14 Communications ....................................... k.2.6.9.2 Continue Work ......................................6.29. 10.4 coordination and scheduling ............................6.9.2 definition of ....................................................J.13 Limited Reliance on Technical Data Authorized .........................................4.2.2 ........ * . . ....... ............. 4.2.2 or May Stop Work Terminate ............................15.5 provide site access to others,,,,,,,,,,,,,,,,,,,,,,, 7.2,13.2 Safety and Protection . ................. 4.3.1.2. 616, 6.19. ..... ..... * ...... ** ............... 6.21-6.23, 7.2,13.2 ..................................... Shop Drawing and Sample Review Prior to Submittal ................. ..................... 5.25 Stop Work requirements ................................. .4.5.2 CONTRACTORs— Article or Paragraph Number Compensation ......... ....... ..... ........ Continuing Obligatim ........... ........................ 14AS Defective Work ...............................9.6, 13.10-13.14 Duty to correct defective Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency ............................... ............ 6.23 Defects in Work of Others ..............................7.3 Differing conditiong...................................4.2.3 Discrepancy in Documents ....... :2.5,3.3.Z 6.14.2 Underground Facilities not indicated .......... 4.3.2 Emergencies .....................................................0.23 Equipment and Machinery Rental. Cost of the Work ...........................................11.4.53 Fee --Cost Plus 11.4.5.6,11.5.1, 11.6 General Warranty and Guarantee .......................030 Hazard Comm unication Programs ..................... 012 Indemnification ...... .... ............ 6. IZ 6.16. 631-6.33 Inspection of the Work ....................... ... __73.13.4 Labor, Materials and Equipment .................... 0.3-6.5 Laws and Regulations, Compliance try,,,_,,.,_,,. 6,14.1 Liability Insurance ..............................................5.4 Notice of Intent to Appeal ...... .................. 9.10.10.4 obligation to perform and complete theWork ....................................................6.30 Patent Fees and Royalties, paid for b.................6.12 Performance and Other Bands 5.1 Permits, obtained and paid for by .......................0.13 Progress Schedule...........................2.6.2.8, 2.9,6.6. ........................................ §229.10.4,15.2.1 Request for formal decisionon disputes .............9.11 9.11 Responsibilities— Changes in the Work ............ ..................... 10.1 Concerning Subcontractors. Suppliers and Others ........... 6.".11 Continuing the Work, ........................ .0.29,10.4 CONTRACTOR'S expense .............. ........... 6.7.1 CONTRACTORs General Warranty and Guarantee .................. 6,30 CONTRACTORs review prior to Shop Drawing or Sample submit* ................15.25 Coordination of Work ................................6.9.2 Em ergencies, ............................................... 6.23 ENGINEEKs evaluation. Substitutes or "Or -Equal" Items .............................6.7.3 For Acts and Omissions of Others 0.9.1-6.9.2,9.13 for deductible amounts,insuranci...................5.9 general ........................................ 15,7.2. 7.3.8.9 Hazardous Communication Programs.......... 6.22 I ndem n i ficati oR........................... ....... 6.31-6.33 V11 EJCDC M-NERAL CONDITIONS 1910.8 (1990 EDMOM W/ CITY OF FORT COLLM MODIFICATIONS (REV 9199) 0 0 0 Labor, Materials and Equipment.. ---- ... -.6.3-6.5 Laws and Regulationk 6.14 ........................... Liability Insurance ..................................... - 5.4 Article or Paragraph Number Notice of variation from Contract Documents............................................. 6.27 Patent Fees and Rcyaltie!k ............................6.12 Permits............................. . ........................ 6.13 Progress Schedule..........._ ............................ 6-6 Record Documents ..................................... 6.19 related Work performed prior to ENGINEER's approval of required subm ittals 6.78 safe structural loading.................................6.18 Safety and Protection .................... j6.20. 7.2. 13.2 Safety Representative__,,,_.,_....,.. .................. 6.21 Scheduling the Work ..................................6.9.2 Shop Drawings and Samples ........................0.24 Shop Drawings and Samples Review by ENGINEER .......... ........................... 6.26 Site Cleanliness. ........ .................... . .......... 6,17 Submittal Procedures ...................................6.25 Substitute Construction Methods and Procedures ............... 6.7.2 Substitutes and "Or -Equal' Items ................0.7.1 Superintendencq .............................. . .......... §.2 Supervision...............................................1.10.1 Survival of Obligations ................................ 6.34 Taxes 0.15 Tests and Inspections ........... .................... 13.5 ToReport .....................................................2.5 Use of Premises— .................. 6 16-6.18. 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ....................................... A,25 Right to adjustment for changes in the Work ..... 10.2 right to claim........... A, 7.1, 9.4, 9.5, 9.11, 10.2,1 LZ ,,,,,,....)1.9, ... )1.9,12.1,13.9,14.8, 153, 15.5,17.3 Safety and Protection.,,,,,,,,,,,,,,,,, 6.20-6.22, 7.2, 13.2 Safety Representative ........................................ 6.21 Shop Drawings and Samples Submittal;.,,, 6.24-6.28 Special Consultants.............. I ........... -11--.1 ... 11.4-4 Substitute Construction Methods and PTocedures.6.7 Substitutes and "Or -Equal" Items, Expense .... ...................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others ........... 6.8-6.11 Supervision and Superintendence,,,,,,,, 6.1, 6.2, 6.21 Taxes. Payment by ........................................... 0.15 Use of Premises 6.16-6.18 Warranties and guarantees ......................... 0.5,6.30 Warranty of Title ..............................................143 Written Notice Required - CONTRACTOR stop Work or term inatq ....... 15.5 Reports of Differing Subsurface and Physical Condition* .......................4.2.3 Substantial Completion .......... . .... 14.8 Vill CONTRACTORS -other :7 Contractual Liability Insurance ............... ......... �.A.10 Contractual Time Limit.........................................12.2 Article or Paragraph Number Coordination- CONTRACTORs responsibility . .....................6.9.2 4.9.2 Copies of Documents ......... ......... � ...................2.2 Correction Period ..................................................13.12 Correction, Removal or Acceptance of Defective Work- in general ...................................10.4.1, 13.10-13.14 Acceptance olDefective Work ...........................13.13 Correction or Removal of Defective Work .... ...................... ..... 630.13.11 Correction Period ............................................13.12 OWNER May Correct Defective Work, - . . ........ 13.14 OWNER May Stop Work ................................. 13.10 Cost - of Tests and Inspection* ..................................... 13.4 Records 11.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discountq ..............................................11.4.2 CONTRACTOR's Fee .......................................11.6 Employee Expenses ............................ . ....... 11.4.5.1 Exclusions to ................. 11.5 General] 1.4-i'f� Home office and overhead expense* .... . .............. 11.5 Losses and damages ..................................... 11.4.5.6 Materials and equipment .................................11.4.2 Minor expenses ...........................................11.4.5.8 Payroll costs on changes .......... ...................... 11.4.1 performed by Subcontractors ............................11.43 Re=dsl 1.7 Rentals of construction equipment and machinery ................... . ......... . . J1.4.5.3 Royalty payments, permits and license fee............................................11.4.5.5 Site office and temporary facilities„.............. 11.4.5.2 Special Consultants, CONTRACTOWs ............ j 1.4.4 Supplemental .................................................11.4.5 Taxes related to the Work .......................... 11.4.5.4 Tests and Inspection .......................................... 13.4 Trade Discounts .............................................11.4.2 Utilities, fuel and sanitary facilities ..............11.4.5.7 Work after regular hours .................................11.4.1 Covering Work.. ..... .......... ....... ...... ............. 13.6-13.7 Cumulative Remedies ......................... ........... J7.4-17.5 Cutting, fitting and patching ................. .......... 7,2 Data, to be fumishect by OWNER ............... .............81 Day -definition of ................................................17.2 2 Decisions on Disputes, ............................. ...... 9.11,9.12 defective -definition of ...........................................1.14 defective Work -- Acceptance of......................................10.4.1, 13.13 EJCDC UEHERAL CONDITIONS 1910.8 (1990 EDITION) w1(3TY OF FORT COLUNS MODIFICATIONS (REV 91") Correction or Removal o( )0.4.1, 13.11 Correction Period)3.12 in general _ . _.................................13. 14.7. 14.11 Article or Paragraph Number Observation by ENGINEER, ............................... 9.2 OWNER May Stop Work.................................13.10 Prompt Notice of Defects, ......... ........................ 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 instaance ............................2.7 Determinations for Unit Price; ................................ 9.10 Differing Subsurface or Physical Conditions — Notice of .............. .....4.2.3 ENGINEER's Review ...................................... 4.2.4 Possible Contract Documents Changq............. 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................................................ ) 6.1-16.6 Arbitration ................................................ ) 6.1-165 general16 Mediation......................_................................16.6 Dispute Resolution Agreement.........................A6.1-16.6 Disputes, Decisions by ENGINEER ...................9.11-9.12 Documents -- Copiesof .......................................................... 2.2 Record 6.19 Reuseof. ............................................................3.7 Drawings —definition of..........................................).15 Easements.............................................................4.1 Effective date of Agreement — definition gf..............1.16 Emergencies.-... .................................................... _423 ENGINEER — as initial interpreter on disputes ................. 9,11-9.12 definition of.....................................................1.17 Lim itations on authority and responsibilitie4...... 9.13 Replacement oC------------------------ ._......................8.2 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition of .................. 1• 18 ENGINEER's-- authority and responsibility, limitations on ....... ,9.13 Authorized Variations in the Worlt.....................9.5 Change Orders, responsibility for... _. 9.7. 10, 11. 12 Clarifications and Interpretations ...............3.6.3, 9.4 Decisions on Disputes............................._9.11-9.12 defective Work, notice of..................................13.1 Evaluation of Substitute Itemq ..........................0.7.3 Liability ...................................................4.32, 9.12 Notice Work is Acceptable...............................14.13 Observations...........................................0.30.2, 9.2 OWNER's Representative...................................9.1 Payments to the CONTRACTOR, Responsibility far....................................9.9. 14 Recommendation of Payment„..................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations OR................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions..............................4.2.4 Shop Drawings and Samples, review responsibility .............................................. 6.26 Status luring Construction -- authorized variations in the Work .................9.5 Clarifications and Interpretatiom..................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 Lim itations 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 Visitsto Site, ............................. . ................. 9.2 Unit Price determinations .................... ...... ,...... 9.10 Visits to Site.....................................................9.2 Written consent required..............................7.2, 9.1 Equipment, Labor, Materials and ........................¢.3-6.5 Equipment rental, Cost of the Work..................11.4.5.3 Equivalent Materials and Equipment .........................0.7 error or am issions..................................................0.33 Evidence of Financial Arrangements .......................P.11 Explorations of physical conditions ....................... 4.11 Fee, CONTRACTOR's—Costs Plus ...........................11.6 Field order -- definition of.....................................................).19 issued by ENGINEER ................................ 3.6.1, 9.5 Final Application for Payment., .......................... .14.12 Final inspection..............................-....................14.11 Final Payment — and Acceptance .................:_......._„_,,,_„ 14.13-14.14 Prior to, for cash allovances............................... 11.8 General Provisions ......................................... 17.3-17.4 General Requirements — definition of.....................................................1.20 principal references IQ.............2.6. 6.4, 6.64.7. 6.24 Giving Notice.......................................................17.1 Guarantee of Work —by CONTRACTOR......... .30, 14.12 Hazard Communication Programs......._,,,,,,,,,,,,,,,„ 6.22 Hazardous Waste — definition of......................................................1.21 general..............................................................4.5 OWNER's responsibility for..............................8.10 EKDC OENEM COMMONS 1910.8 0990 EDITION) w/ CITY Of FORT COLUNS MODIFICATIONS (REV 9l99) SECTION 00300 BID FORM u Indemnification..............................6.12. 6.16, 6.31-6.33 Initially Acceptable Schedules-. ................................. 2.9 Inspection — Certificates o(...................... ........ 9.13.4, 13.5, 14.12 Final..........................................................14.11 Article or Paragraph Number Special, required by ENGINEER,,,,_._...,_„-...,._..9.6 Tests and Approval ............................. $.7, 13.3-13.4 Insurance — Acceptance cl, by OWNER...............................5,14 Additional, required by changes in the Work ..........................................11.4.5.9 Before starting the Work .................................... 23 Bonds and —in general..........................................5 Cancellation Provisions.....................................5.8 Certificates of, ....... ........... .7. 5, 5.3. 5.4.1 L 5.4.13, ......................5.6.5,5.8,5.14,9.13.4,14.12 completed operations....................................5.4.13 CONTRACTORs Liability ..................................5.4 CONTRACTORs objection to coverage.............5.14 Contractual Liability._..._ ............................. 5.4.10 deductible amount% CONTRACTORs responsibility................................................5.9 Final Application for Payment .........................14.12 Licensed Insurers...............................................5.5 Notice requirements, material changes....... 5.8, 10.5 Option to Replace......................................5.14 other special insurances...................................5.10 OWNER as fiduciary for insureds..............5.12-5.13 OWNERS Liability ............................................5.5 OWNERS Responsibility .................................... 8.3 Partial Utilization, Property Insurano4...............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 Contact Document; ............................. 3.1-3.4 Interpretations and Clarification;.....................1,6.3, 9.4 Investigations of physical condition.9..........................4.2 Labor, Materials and Equipment...........................0.3-6.5 Lands -- andEasements...................................................$.4 Availability of..............................................4.1. 8.4 Reports and Tests...............................................8.4 Laws and Regulations --Laws or Regulations — Bonds............................ .- ......................53-5.2 Changes in the Work.._. .......... ...... ................ 10.4 Contract Documents..........................................5.1 CONTRACTORS Responsibilities .................... 6.14 Correction Period, defective Work ,,,,,,,,,,,,,,,,,,„J3.12 Cost of the Work, taxes...............................11.4.5.4 definition of ................. .......... .... .............. ....... 1.22 general6.14 Indemnification, ....................................... 6.31-6.33 0 Insurance ...................... ............. ..................... 5.3 Precedence ...............................................3.1, 3.3.3 Reference to....................................................3.3.1 Safety and Protection................................6.20. 13.2 Subcontractors, Suppliers and Others,,,,.,,,,,, 6.8-6.11 Article or Paragraph Number Tests and Inspections, .................................. 135 Use of Premises.................................................6-16 Visits to Site.......................................................9.2 Liability Insurance-- CONTRACTORs ............................................... 5.4 OWNER s...........................................................3.5 Licensed Sureties and Insurer$ ................................. 5.3 Liens -- Application for Progress Payment .......................14.2 CONTRACTORS Warranty of Title .. _....,..... _ _ _14.3 Final Application for Payment .........................14.12 definition of...................................._...............1.23 Waiver of Claims ......................... _... _............ 14.15 Limitations on ENGINEERS authority and responsibilities_ .................... _.........................A.13 Limited Reliance by CONTRACTOR Authorized ...................................................... 42.2 Maintenance and Operating Manuals -- Final Application for Payment ..........................14.12 Manuals (of others) -- Precedence.. ............................................... Reference to in Contract Docurnentg..................3.33 Materials and equipment -- furnished by CONTRACTOR ............._............... 6.3 not incorporated in Work ...................................14.2 Materials or equipment —equivalent ...........................0.7 Mediation (Optional)..............................................)6.7 Milestones --definition of ...................................... J.24 Miscellaneous -- Computation of Times......................................17.2 Cumulative Remedies........................................17.4 GivingNotice ....................................................17.1 Notice of Claim.................................................)7.3 Professional Fees and Court Costs Included.......17.5 Multi -prime contracts ................................................. 7 Not Shown or Indicated..........................................4.3.2 Notice of -- Acceptability of Project, ...................................14.13 Award, definition o(..........................................1.25 Claim............................................................).73 Defects.13.1 Differing Subsurface or Physical Conditiargk..... 4.23 Giving..................................... ......... .............. J.7.I Tests and Inspections........................................J3.3 Variation, Shop Drawing and Samp1C................. §.27 Notice to Proceed — definition of......................................................1.26 givingof............................................................2.3 EX -DC GENERAL COMMONS 1910.9 (1990 EDR1014) w/ CITY OF FORT COLLINS MODIFICATIONS (REV W99) Notification to Surety .................. .10.5 Observations, by ENGINEER...........................6.30, 9.2 Occupancy of the Work..................5.15, &30.2.4, 14.10 Omissions or acts by CONTRACTOR................6.9, 9.13 Open Peril policy form, Insurance..........................5..6.2 Optionto Replace ... .................................................$.14 Article or Paragraph Number "Or Equal" Items......................................................6.7 Other work 7 Overtime Work —prohibition o( ................................. 6.3 OWNER -- Acceptance ofdefective Work..........................13.13 appoint an ENGINEER ...................................... 8.2 as fiduciary ...............................................5-12-5.13 Availability of Lands, responsibility ....................4.1 definition of.....................................................1.27 data, furnish......................................................8.3 May Correct Defective Work...........................13.14 May refuse to in ake paym ent-„................. ......... )4.7 May Stop the Work .........................................13.10 May Suspend Work, Terminate..................-......8.8. 13.10. 15.1-15.4 Payment, make prompt ....................P.3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses- requirements... ................. .4.13 purchased insurance requirement; .............. 5.6.5.10 OWNERS -- Acceptance of the Work..............................6.30.2.5 Change Orders, obligation to execute,,,,,,.,-,;8.6, 10.4 Communications ................................................. 8.1 Coordination of the Work ................................... 7.4 Disputes, request for decision ............................ P 11 Inspections, tests and approval;..................8.7, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects..............................................)3.1 Representative --During Construction, ENGINEER's Status 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material................$.10 ChangeOrders ............................................. 8.6 Changes in the Watt .................... ... ........... 10.1 communications 8.1 CONIRACTOR's responsibilities ................ 8.9 evidence of financial arrangementg,,,,,,,,,,,,,,$.11 inspections, tests and approval*.....................8.7 insurance..................................................... 8.5 lands and easements ..................................... 8.4 prompt payment by........................................8.3 replacement of ENGINEER...........................$.2 reports and tests, ........................................... 8.4 stop or suspend Work.................A.8, 13.10, 15.1 terminate CONTRACTOR's services..........................................8.8, 15.2 separate representative at sire„ ............................9.3 testing, independent, ...................... -- ............. 13.4 use or occupancy of the Work .........................5.15. 6.30.2.4, 14.10 written consent or approval required ......................................... 9-1. 63. 11.4 ExDC GENERAL CONDITIONS 1910-9 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 91") • 0 Article or Paragraph Number written notice required .......................7.1. 9.4, 9.11. ....................................11.2, 11.9. 14.7. 15A PCBs_ definition of .......................... __...................... 1.29 general.......................................................... 4.5 OWNI72's responsibility far . ................ ............. 8.10 Partial Utilization — definition of.....................................................1.28 general 6.30.2.4. 14.10 Property Insurance ......... ....... .......... .................. :5.15 Patent Fees and Royalties ....................................... 6.72 Payment Batds..................................................5.1-5.2 Payments, Recommendation of..............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion — Application for ProgressPayments ......................14.2 CONTRACTOR's Warranty of Title._ ................14.3 Final Application for Payment .........................14.12 Final Inspection .............................................. ) 4.11 Final Payment and Acceptant;,_„_....,,,__ J4.13-14.14 general.........................................................$.3, 14 Partial Utilization .................._. ..................... 14.10 Retainage..............................—..........................14.2 Review of Applications for Progress Paym ents........... _......... ......... 14.4-14.7 prompt payment .. ..... .................... ..,.. ......... I ....... $3 Schedule of Values...........................................14.1 Substantial Completion ............. .......... ...... 14.9-14.9 Waiver of Claims............................................14.15 when payments due................................14.4, 14.13 withholding payment.......................................14.7 Performance Bonds ............................................ 5.1-5.2 Pennits............................................................ Petroleum-- defmition of.....................................................1.30 general..............................................................4, 5 OWNER's responsibility for .............................. 8.10 Physical Conditions -- Drawings of in or relating tp ........................4-2.1.2 ENGTNEER's review ..............................-......... 4.2.4 existing structures............................................4.2.2 general4.2.1.2.......................................................... Notice of Differing Subsurface or,....................4.23 Possible Contract Documents Change................4.25 Possible Price and Times Adjustments,,,,,,,,,,,,,, 4.2.6 Reports and Drawings ..................................... 4,2.1 Subsurface and. .................................................. 4.2 Subsurface Conditions ................. _............. .2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.22 Underground Facilities-- general.........................................................4.3 Not Shown or Indicaed..............................432 Protection of. .............................. . ....... 4.3. 6.20 Xii Article or Paragraph Nwnber Shown or Indicated................................................4.3.1 Technical Data ................................ ............... 4.2.2 Preconstruction Confereneq................... __ ..... ,.......... 2.8 Preliminary Matters......................................I.............2 Preliminary Schedules. ............................................. �2.6 Premises, Use of . .... .. ............... ....................... 6.16-6.18 Price, Change of ontract............................... ........... I ) Price, Contract --definition of .................................. 1.11 Progress Payment, Applications for .........................J4.2 Progress Payment--reminagc...................................14.2 Progress schedule, C ONTRACTOR's...........7.6, 2.8, 2.9, .................. I.............. 6.6, 6.29, 10.4, 15.2.1 Project —definition of...............................................1.31 Project Representative-- ENGINEER's Status During Constructiort............ .3 Project Representative, Resident --definition of .........1.33 prompt payment by OWNER................................._11.3 Property Insurance_ Additional .........................................................5.7 gencral5.6-5.10 Partial Utilization................................5.15. 14.10.2 receipt and application of procecds,,,......... 5.12-5.13 Protection, Safety and ......... ..................... ¢.20.6.21, 13.2 Punch list .................................................. .14.11 Radioactive Material-- defintion of......................................................1.32 gencral4.5 OWNER's responsibility for..............................$.10 Recommendation of Payment................14.4, 14.5, 14.13 Record Documents........................................0.19, 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....................428 Remedies, cumulative.....................................17.4, 17.5 Removal or Correction ofDefecdva Work................13.11 rental agreements, OWNER approval requir4.... 11.4.5.3 replacement of ENGINEER, by OWNER. ................... 8.2 Reporting and Resolving Discrepancies ............................... 2.5, 33.2, 6.14.2 Reports -- and Drawings...............................................4.2.1 and Tests, OWNFRs responsibility....... .............$A Resident and Project Representative -- definition of ...... _ ...........................................1.33 provisionfor.............................................................9.3 E)CM OENEEM COtmITIOtas 1910-8 (1990 ®InoM wI CITY OF FORT COLUN5 MO➢IRCATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTORS,,,,,,,,,,,,,,, 62 Responsibilities— CONTRACTOR's-in general .................................. 6 ENGINEER's-in general.........................................9 Limitations on............................................9.13 OWNER's-in general ............................................. Retainage.................. .._........_................ ........... .14.2 Reuse 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 ............... .................................... a.l Royalties, Patent Fees and......................................6.12 Safe Structural Loading..........................................6.18 Safety — and Protection ...............................4.3.Z 6.16, 6.18, ....................... I ........ ..... 6.20.6.21, 7.2, 13.2 general.................................................... 6.20-6.23 Representative, CONTRACTOR's.......................0.21 Samples -- definition of, ................ .......... ...... .................. 1.34 general.....................................................0.24-6.28 Review by CONTRACTOR................................6.25 Review by ENGINEER .... .......................... 0-26, 6.27 related Work.....................................................028 submittal of....................................................6.24.2 submittal procedurq.........................................6.25 Schedule of progress.............................2.6, 2.8-2.9, 6.6, .........................................6.29. 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6. 2.8-2.9, 6.24-6.28 Schedule of Values ...„.-,,,,-„----------------2.6, 2.8-2.9, 14.1 Schedules — Adherence to..................................................15.2.1 Adjusting.... ...................... .............. ................. 0..6 Change of Contract Times................................10.4 Initially Acceptable...._.._.............................2.8.2.9 Preliminary..... _...................._._...... 2.6 Scope of Changes, ...................................... 10-3-10.4 Subsurface Conditions........................................4.11.1 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, 624.6,28 related Work.....................................................0.28 review procedures.._....- .................... 2.8.6.24.6.28 Article or Paragraph Number submittal required...............................................6.24.1 Submittal I-Yoccdurck....................................... 6.25 use to approve substitutions„,__--,,,._-............. 6.7.3 Shown or Indicated......................._......................4.3.1 Site Access......................................................7.2, 13.2 Site Cleanliness......................................................0.17 Site, Visits to — by ENGINEER .......................................... 9.2. 13.2 byothers.........................................................13.2 "special causes of loss" policy form, insurance ............. .... -...... ...............................5.6.2 definition of . .................. ................................. 1.36 SpeciCtcations— defination of..... ......... ..................................... 1.36 of Technical Societies, reference to.................3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societics....... _.__........................... 3.3 Starting Construction, Before ........................... .... 2.5-2.8 Starting the Work ................... ......... ......................... .4 Stop or Suspend Work -- by CONTRACTOR .......................................... 15.5 by OWNER.....................................8.S. 13.10, M1 Storage of materials and equipment ....................4.1. 7.2 Structural Leading, Safety ............................ „6.18 Subcontractor — Concerning................................................15.8.6.11 definition of.....................................................1.37 delays.........................................................12.3 waiver of rights ................................................6.11 Subcontractors —in general.................................6.8-6.11 Subcontracts --required provisions,,,,,,,,, 5.11, 6,11. 11.4.3 Subm ittals— Applications for Payment ............................. _„ 14.2 Maintenance and Operation Manuals. .........14.12 Procedures.......................................................0.25 Progress Schedules......................................2.6, 2.9 Samples .................................................. 6.24-6.28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions_, ................. __ ........... _2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion — certification of............................6.30.2.3, 14.8-14.9 definition of, .................. ................................. ),39 Substitute Construction Methods or Procedures....... 6.7.2 Substitutes and "Or Equal" Items.___.........................6.7 CONTRACTOR'S Expense............................0.7.1.3 ENGINEER'S Evaluation 6.7.3 "Or-Equal"...................................................0.7.1.1 Substitute Construction Methods siii ExDC OENUM CONDITIONS I910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 0 0 Article or Paragraph Number or Procedures .............................................6.72 Substitute Items._... 15.7.1.2 Subsurface and Physical Conditions -- Drawings at in or relating to_ ....................... 4.2.1.2 ENGINEERs Review ....................................... 4.2.4 general............... .............................................. 4.2 Limited Reliance by CONTRACTOR Authorized ............................ I .................... 42.2 Notice of Differing Subsurface or Physical Conditions .........................................4.2.3 Physical Conditions ....................................... 4.2.1.2 Possible Contract Documents Change ....... ....... 41.5 Possible Price andTimes Adjustments ...............4.2.6 Reports and Drawings ....... .. .... ... ... ......... _42.1 Subsurface anck .................................................. 4.2 Subsurface Conditions at the Site ................... 4.11.1 Technical Data.................................................42.2 Supervision— CONTRACTORs responsibility ........................... 6.1 OWNER shall not supervise ................................. 8.9 ENGINEER shall not supervisq ................ 9.2,9.13.2 Superintendence ....................................................... 0,2 Superintendent, CONTRACTORs resident ............... 62 Supplemental cosuk ............................................. JI.4.5 Supplementary Conditions — definition of.....................................................1.39 principal references tq ................. 1.10,1.18,21,2.7. .......................4.2, 4.3. 5.1, 5.3, 5.4. 5.6-5.9, * ... 5.11, 6.9. 6.13, 7.4. 8.11, 9.3, 9.10 Supplementing Contract Documents ..........................3.6 Supplier— definition of ............................. ... ................... J.40 principal references tQ ........... 5.7, 6.5, 6.8-6.11, 6.20, 9.13,14,12 Waiver Of..........................6........6...........5.11--- Surety — consent to final payment ........................ J4.12,14.14 ENGINEER has no duty to................................9.13 Notification of ....... .......................... qualification of ...... ... ....... .......... ...... 5.1-5.3 Survival of Obligationk ........................................... 6.34 Suspend Work, OWNER May.. 6 .................... J3.10.15.1 Suspension of Work and Termination .......................15 CONTRACTOR May Stop Work or Terminate_......_ ....................._......_ ..... 15.5 OWNER May Suspend Work ..............................15.1 OWNER May Terminate .... ....................... _1 5.2-15.4 Taxes —Payment by CONTRACTOR ... ... ................. 0.15 Technical Data -- Limited Reliance by CONTRAC17OR ............... Possible Price and Times Adjustments ...............4.24 Reports of Differing Subsurface and Physical Conditions ....................................42.3 xiv Tem porary construction faci I itics. .4 1 Article or Paragraph Number Termination — by CONTRACTOR ...........................................15.5 by OWNER ......................................... 8.8. 15.1-15.4 of ENGINEERS employment ...............................5.2 Suspension of Work-in general .............................j5 Terms and Adjectiveq ..............................................3.4 Tests and Inspections— Access to the Work, by others ..................... ... J3.2 CONTRACTOR's responsibilities ......................13.5 cost or 13.4 covering Work prior tq .............................. 13.6-13.7 Laws and Regulations (or) ............................ _ 13.5 Notice of Defects . .............................................. 13.1 OWNER May Stop Work...-_.._ -....13.10 OWNER's independent testing ............... .......... J3.4 special, required by ENGINEER..........................9.6 timely notice required ...................................... 13.4 Uncovering theWork, at ENGINEER's request ............. ............. .................... 13.8-13.9 Times — Adjusting..........................................................0.6 Change of Contract ...................... . ..................... 12 Computation or .............................. ....... ......... 17.2 Contract Times --definition of ...........................1.12 day.................................. ............ ......... 1722 Milestones..........................................................12 Requirements— appeals.................................................9.1Q 16 clarifications, claims and disputek ................. 9.11, 11.2, 12 Commencement of Contract Times ............... 2.3 Preconstruction Conference ...........................2.8 schedules .........................................2.6.2.9, 6.6 Starting the Work .........................................2.4 Title, Warranty or ...................................................14.3 Uncovering Work ...................... ..................... 13.8-13.9 Underground Facilities, Physical Conditions -- definition of ....................................................3.41 Not Shown or Indicated ................................... 4.3.2 protection of..._..................--•---......•........ 4.3,6.20 Shown or Indicated .........................................4.3.1 Unit Price Wcrk— claims.........................................................11.9.3 definition of ......................... ..... ................... J.42 generall 1.9. 14.1. 14.5 Unit Prices-- generaI11.3.1 Determination for ................................... ......... 9.10 Use of Premises ........... ..................... 6.16.6,18, 6.30.2.4 Utility owners ............................. §A3, 6.20, 7.1-7.3,13.2 Utilization, Partial ........ .......... 1.28. 5.15. 6.30.2.4. 14.10 Value of the Work ..................................................11.3 Values, Schedule of._ ........................2.6, 2.8-2.9,14.1 EXTC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLM MODIFICATIONS (REV W99) Variations in Work --Minor Authorized.......................6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site —by ENGINEER . ................................... 9.2 Waiver of Claims --on Final Payment.... .................. 14.13 Waiver of Rights by insured partie .................5.11, 6.11 Warranty and Guarantee. General --by CONTRACTOR................................................0.30 Warranty of Title, CONTRACTORs ........................14.3 Work -- Accessto...........................................................t3.2 byothers,............................................................. 7 Changes in the....................................................10 Continuing the..................................................6.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of__... ... - -- .........................:1.4 Cost of the . ................................................ 11.4-11.5 definition of.....................................................1.43 neglected by CONTRACTOR.............................13.14 otherWork............................................................7 OWNER May Stop Work.................................13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Site ............................ ....... 7.1-7.3 Starting the........................................................2.4 Stopping by CONTRACTOR.............................A5.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized minor ----- _....3.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of.....................................................1.44 principal references to ...................... 3.5-3, 10.1-10.2 Written Amendment — definition of......................................................1.45 principal references to...............1.10, 3.5, 5.10,15.12, ......................... .6.2, 6.8.2, 6.19, 10.1, 10.4, .............................11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications said Interpretations...................................3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR............................7.1, 9.10-9.11, ........ ............... .............. I... 10.4, 11.2, 12.1 by OWNER . ............... .--- 9.10-9.11, 10.4, 11.2, 13.14 xv ErcDC GENERAL CONDMONS 1910-8 (1990EDMOM w/ CITY OF FORT COLLINS MODIRCATIONS (REV 9199) CJ • ((his page left Wank intentionally) Zvi EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) GENERAL COMMONS ARTICLE 1—DEFINI1IONS 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 B dding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed, other Contract Documents are attached to the Agreement and made a pan thereof as provided therein. 1.3. Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fi bers 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 form setting forth the prices for the Work to be performed. 1.6. Bidding Doctenents-The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.T Bidding Requirements —The advertisement or invitation to Bid instructions to bidders, and the Bid form. I.S. Bonds —Performance and Payment bonds and other instruments of security. 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 Donunents—The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (incltrdirg documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions. the Supplementary Conditions, the Specifications and the Drawings as the EXMC. GENF7iAL CONDITIONS 1910-8 (1990 Edtio0 cot CITY OF FORT OOLLINS MOOII•ICATIONS (REV 4120DO) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders. Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5. 3.6.1 and 3.6.3 on or alter the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by ORNTER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (it) to complete the Wok so that it is ready for final payment as evidenced by ENGiNEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the 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 Documents, or does not meet the requirements of arry inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of feral 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 anti character of the Work to be furnished and performod by CONTRACTOR and which have been prepared or approved by ENGINELR and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. E$ecirive 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 Corauhant—A person, fum or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. • L� 0 120. General Requirements —Sections of Division I of the Specifications. 121. Hazardous Waste —The tam Uazardous 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.a. Laws 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 counts having jurisdiction 122.b. Lefal llo&bvs-shall be those holidays observed by the City of Fort Collins 123. Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Award --A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein within the time specified. OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1,27. OWN'ER—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 —Polychlorinated biphenyls. 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mitred 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. Radioactlnve Avlaterial—Sauce, special nuclear, or byproduct material as defined by the Atomic Energy Act of EXIKONM&COel MOM 1910.8(1990Etlitim) V MY OF FORT ODLLIIS MODIFICATIONS (REV 4rl000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Working Hours-Reeuktr working hours are defined as 7:O0am to 6:OOpm unless otherwise specified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples—Fhysical 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 135. Shop Drmtings—All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36 Specoqcations—Those 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 dc-tails applicable thereto. 1.37. Subcontractor ---An individual, fine 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 there has progressed to the point where, in the opinion of ENGINEER as evtdenad 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 imtcndcd; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGiNEER's written recommendation of final payment in accordance with paragraph 14.13. The terns "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 139. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufaeuur, r, fabricator, supplier, distributor, materialman or vendor havirg a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Pacilities—All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television sewage and drainage removal. traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 1,43. Work —The entire completed instruction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the cnstructieru, and performing or furnishing services and furnishing documents, all as required by the Contact Documents. 1.44. Work Change Directive —A written directive to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by 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 paragraph6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidanoc that the parties cxpo ct that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2 1.45. Written Amendment --A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the noncngineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS De6tery of Bonds: 2.1, When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copier ofDocuments: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be fumished upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed 2.3. The Contract Times will commence to rim on the thirtieth day after the Effective Date of the Agreement, or, EXDC GENERAL CONDITIONS 1910-8 (1990 E66M) w10 Y OF FORTCOLLINS MODIMATIONS(PLEV42000) if a Notice to proceed is given, on the day indicated in the Notice to Proceed. A Notice to proceed may be given at any time within thirty days after the Effective Date of the Agreement of-Bi"pening-or-the thirtieth 49y-after-t4-*—RfFMwe mate ofihereemertt whieltever-date [sear! tr: Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to rum, tut no Work shall be done at the site price to the date an which the Contract Times commence to run Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the 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 surges 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 submitlal; 2.6.2.1. In no case will a schedule be acc_eptable_vl}uc allows lees then 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started CONTRACTOR and GW44:{F shall each deliver to the ether OWNER with copies to identified-4n the Svrpplemmmry—Gonditions FNGINEER i a • BID SCHEDULE FOR BID #7290 RENEWAL *THIS BID SCHEDULE EXCLUDES CRACK SEALANT AND CRACK FILLER MATERIAL * Item No. Item Description Unit Contract Quantity 2016 Unit Price 2016 Total Contract Price 408.07 CDOT Crack Sealant (Arterial) LBS 31,500 $ 0.93 $ 29,295.00 408.08 1 CDOT Crack Sealant (Collector) LBS 67,000 $ 0.86 $ 57,821.00 408.09 CDOT Crack Sealant (Residential) LBS 180,000 $ 0.86 $ 155,340.00 408.10 CDOT Crack Filler (Arterial) LBS 12,000 $ 1.12 $ 13,464.00 408.11 CDOT Crack Filler (Collector) LBS 12,000 $ 0.99 $ 11,904.00 408.12 CDOT Crack Filler (Residential) LBS 25,000 $ 0.99 $ 24,800.00 630.01 VARIABLE MESSAGE BOARD EA/DAY 10 $ 129.28 $ 1,292.76 630.02 ADVANCE WARNING ARROW PANEL EA/DAY 20 $ 77.81 $ 1,556.26 630.03 ADDITIONAL FLAGGING PERSONNEL HOUR 50 $ 26.09 $ 1,304.30 630.04 NIGHT WORK UP -CHARGE EA/NIGHT 70 $ 73.50 $ 5,145.00 2016 Total Cost $ 301,922.32 *MATERIAL SHALL BE EXCLUDED FROM THE BID SCHEDULE. MATERIAL SHALL BE SUPPLIED BY THE OWNER. * In Words: ':\X�A,L. Aorj1241i 1aL ai �Nzz. CI wo Company: lei` pe,, .Aybpit^-t�,;� Submitted By: Address: 1TIL 'Z17-�-0vr (ni,�_,rn , Ly (;60; 7,6 Phone: coo- Email: 2�f�%ZN ©, Check one: Individual Doing Business in Company Name Corporation Partnership • certificates of insurance (and otter evidence of insurance seeseJlab requested ested by OWNER) which CONTRALTO --a„..z" "'T' respes4ively-ffe is required to purchase and maintain in accordance with paragraphs 5.4,44ert-57. Preconstnrction Conference: 2.5. Within twenty days after the Contract Times start to runt but before any Work at the site is stared, a conference attended by CONTRACTOR. ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paagmph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. IJrJtmlly Accepmble Sehedales: 2.9. Unless otherwise provided in the Contract Documents, En ef the fir Appfisetien for Payment hefnre am work at the site begins a confcrcna attended by CONTRACTOR, ENGINEER and others as �ptxe designated by OWNER will be held to review orf acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph2.6. artd_Division I - CaotilLlZgtihmN = CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequercmg. scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Dtawmg and Sample submissions will be acceptable to ENGINEER as providing a workable arrangcmert for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to fort 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 called 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 GM4RAI. COMMTI ON51910-3 (1990 Edtim) w/ CITY OF FORT COI.I.IM MODIFICATIONS (aEV 42000) describe a functionally complete Project (or pan thereof) to be constructed in accordance with the Contract Documents, Anv Work, materials or equipment that may reasonably be inferred from the Contract Documents or fiom prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work. materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifeadons of Technical Societies; Reporting and Resohing Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement of there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 332. Jt during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.223) 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 paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any, conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.33.1. the provisions of any such standard specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No prrn7sion of any such standard specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER CONTRACTOR or ENGINEER or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or arty of ENGiNEER's Consultants, agents or employces any duty or authority to supervise or direct the famishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contact Documents 3.4. Whenever in the Contra Document the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", 'suitable", "acceptable". "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement. direction review or judgment of ENGINEER as to the Work, it is intended that such requiemem, direction review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amen&ng and Supplementing Contrad Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment. 3.5.2. a Change Order (pursuant to paragraph 10.4). or EXMC. GENIXAL CONDITIONS 1910.9 (1990 Mai) WI CITY OF FORT COLUNS MODUICATIONs (ItEV 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 be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.51 3.6.2. ENGINEER's approval of a Shop Dratving 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 ojDocumenis 3.7. CONTRACTOR. and any Subcontractor or Supplier or other person or organimtitm performing or famishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownershi rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or hearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on e>,tensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS AvailobihV ofLandv: 4.1. OWNER shall furnish as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Upon+easonable-writte requea, Prrwrcn _L_tl G—.-L nnliTn n/R'nn with �atetnetlt of raaord legal title artd legal elascript opt of the lands--upon-whit#-the -Word:--is-te-br--perfoFtaetl-eriEi BWNER--iraereA- therein -as -necessary forgivingnotice of-or--tiling-a-mechanic's liar-against-suelt- lertdr 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 change in existing facilities will be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. If COfdl'RACfOR 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 famishing these lands, rights -of - way or casements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. �� • CONTRACTOR shall provide for all additional lards and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4..1 SSrbsarjace and Physical Con&tions: 4.2.1. Reports and Drawings. Reference is made to the Supplementary Conditions for identification of. 4.2.1.1. Sucbsitrface Con&dons: 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. 42 2 Limited Redance by CONTRACTOR 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 arc not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such relinme on such `technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINFER's Consultants with respect to: 4.22.1. 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 42.23. any CONTRACTOR interpretation of or conclusion drawn from arry "technical data" or any such data. interpretations, opinions or information 4.2.3. Notice of Differing Subsiaface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either. 4.2.3.1. is of such a nature as to establish that anv "technical data" on which CONTRACTOR is eniitled to rely as provided in paragraphs 4.2.1 and 4.22 is matmally macatrate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3 3 differs materially from that shown or EXDC oENnAL cotmtaors tubs (tvso odium) W CITY OF FORT COLLINS MOINF1 CATIONS (REV 4P_000) 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 far in the Contract Documents; then CONTRACTOR shell, preaaptly kWpilialely after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragra�16.23), notify OWNER and ENGINEER in wntmg about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of xritten order to do so. 4.2.4. ENGWEER's Review. ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtain % 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 Charge: Tf ENGINFFR concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3. a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change, 4.2.6. Possible Price aid Tunes Ai ttstmmritr: An equitable adjustment in the Contract Price or in the Contract Timm or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR'S cost or. 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 paragraphs4.2.3.1 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 adjusanenC 4.2.6.5. 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.% 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 Hite 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 examinnatim investigation, exploratim 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 CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR fniled to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are tenable to agree m 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 it and 12. However, OWNER, ENG[NEFR and ENGINEERS Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3. Pkt4cal Contkdons—Underground Facilities; 4.3.1. Skoim or lndcated., 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 c.\pressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of arty such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract 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 Docu mcnts.(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated.- If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Dc umenits, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EXMCGENERAL cohtotnorts 191" assoEdiim) w/ QTY OF FORT COLD M MOOMCATIONS (REV 4/1000) give written entice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required. a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as pprovided in paragmph6.20. CONTRACTOR s1aN may be allowed an increase in the Contract price or an extension of the Contract Times, or both, to the extent that they arc attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Docum=ts and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated IfOWNER and CONTRACT OR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Tunes, CONTRACTOR may make a claim therefor as provided in Articles I i and 12. However, MWER, ENGINEER and ENGINEER's Consultants shall net 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 engineering 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 Wort:, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Mawdaus Wade or Radioacthw Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Ivfaterial uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the :cope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for arty such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. LJ • • 43:2- C-.OAIMA.4 OR shell immediately- (i)oApQ suoh--notice-in•-writing)—OWNER -stall--promptly corealt with-ENGINEER--coneeming- the -necessity -[or OWNER -to retain_ a_ qualified experHo-evaluale-sueh hams lsrt tiorwr my - CONTRACTOR shall not be required torewme Work irrsoanactic�n-with such iarArdaus c<utditioa-aF in-uny was-elAAised d Fir on any-required-permits-related-theretoand delivered to that ..L.condition ditim..... Finany a ffei tee n_... ....:_ or has been Wags fR_ . be r md .... L'.6. if r\,IIAI L'D"a...i CONTRACTOR -cannot -agree -as to entitletRent-to or the _Rieurit of Week-steppage-arsusi-specie!-«andHions-under-wiish ther4w-as, �;� a,,.eaa-ia GOW4Z iGF4R-does-not agree to -resume -such -work based en a feasenable t is�a e nitien ofin sueh ftffwterl-area3e-be-deleted-ffeal the t r i. rf r.,ynmR _J r•nr.rru nr-v',p __.,_„ ngfee as tc emtttlement to or thramewntor-argent-ofan either -party -+nay -male a claim -therefor as -provided -in partiat-oi-thc�Werk-parf'artn -0WN6R's-0wn forcesor othersitressordertcaiviHtAriicla &; 4.64 To the fullest 41, An Rag,alatiorist-t3iV R-stml -indemnify-end id hormless-—F9NTRA6FARSulwaitraciors: ofTioeYs—daeaor --employees: -agents..--other oonsultants and subcontractors -of-,mch-and-any-of them front and against all claims, costs;--losses-and damages arising -out -of -or -resulting --from such kuta trak,u'ee�ne W ck�f ike4�ij-arH'-sush-claim: cost, loss or-image-is-etleibuiablrto-lx�ddily-injury; of-4angi including ..the -lees-oC-use+-resulting-therefrom;--oral (ii) nothing- in this -subparagraph-4.54-shall--obligate OAXWER to -indemnify any perso n-or-anlity-from-and own ocgi+<cnoe EICDCOEMMAL COMMON3191os (1990Edi iaa) w/ CITY OF FORT COLLIM MODIFICATIONS (REV 412000) ARTICLE 5--DOMS AND E%URANCE Performance, Payment and Otker Bonds 5.1. CONTRACTOR shall furnish performance arx] Payment Bonds. each in an amount at least equal to tic 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. CONTRACTOR shall also fumich such otter Bonds as arc required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds aril as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Stab; Bureau of Government Financial Operations, U.S. Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act 5.2. If the surety on any Bond furnished 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, bath of which must be acceptable to OWNER. 53. Licensed Sureties and Insurers; Certificates of Insurance. 5.3.1. All Bands and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorin:d 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 immune companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of utswance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5A. OWNER shall a[Iditionrl--irr�F,et(-identified-in-Fhe-Snp crnenlary aviderxx-�ststrra CON MCTOR'sLiabiMyInsumnce. 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents. whether it is to be performed or furnished by CONTRACTOR any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of 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; 55..4.4-claims-tor-damages-insured--by-customary lv�r ny giber reason; 5.4.5. claims for damages, other than to the Work itself because of injury to or destruction of tangible prop", wherever located including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5A7with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 54_6. include as additional insureds (subject to any customary exclusion in respect of professional liabilityty), OWNER, ENGINEER, ENGINEER's Consultants and airy 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; EXDC GENERAL CONDMoNS 1910-s (1990 Eoftim) w/ QTY OF FORT COLLINS MODIMATtONS (RL• V 4/1000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so prcwide); 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 furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4. OWNER. at OWNER's 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. Proper), Insurance.• 64.--(Iniessotherwise lwovided-in-the-,supplementary Conditions. -OWNER- shall- purslasa--end--maintain of the lull--replacernmt�ost 4hereof (subject-40-such deductible- amour" -as-may-b"n:c&ided-ut-the Supplementary-Conditions-or-requit d by -Laws -and Regulations).-Tlus3naeanea�la lF 5:(r4 mclude— the -_-interests—of—O `FiR4 ieitifies-idmttifuedl-in-the-Stnpplemerdar-y-CondNions, each -of -whom is -deemed to have an -insurable interest and shall -be -listed as an insured or additional -insured, 56,2=be--writteo-d»i-e l3uildds lt+sk-aN risk"-o tire--ielkuw+ngpet+L�-fee,—�:Rgia,ir�P.te; a.�•' 0 • 0 coverage - t}taft-ttuldn} sm-and-malicious -mischief, earthquake, 0611apse debit Femevul, d......r.:.... wRieF damage, and such other us moybe 5:6.3: --ir elude -eCper ses -}rn erred-- in -the- repair- or replacement of any insured property (including -burnt }imiW-lo-fenBud..--.-charges Of engirkL o--m,a' architects). . -4 ..�;m..l. or-esanoth r-iocatim that--wss-agreed-to in writing -by 91�lk pFier-to-bning�nearp-tole---t-tl» or 3 �teiyded�het-such-mete.:.:,,�•�d ., ripmenr have-FxeFl mwdeel 11,`�R�rxi 5.6.5..-meuttalned-in-effort-until-fma�pavment-ts thirty--dnywRn d-itiennl issued- Ttl OWNER Shull 1ofe�rzc9i�nir-ri*6r:rz?ir1 ' ;ll-9aeh-boilet nwrance as-may-ba--required-by-the-Supplarnantary-('rxxlttiotts or Laws Mid Regula ' thz-iirests�f is deemed te 4,&Ye aft be listed as maintained-bv0WNT-•R-in accordance -NW mragmphs5:45 .,_ 1 �II1NTT�lr�zantain-e-prevtii�vt-etr-en-ensentent-thcrl-Nre coverage afforded will rwt be cancelled --or materially changedor renewal refused trtttilat-least tlu days' -prior written--notice-has- been �i:err-to--6�i2- and w)xrtn-a aextifaaEe ef-irtsurenae haswean tssaedR-aannd, will cMaam--watver---preVtstem---at—iwcordti nce--_with Pailleraph �A. 11. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR Subcontractors or others in i4e14iG L,4n-Cho- Supplartentary j1,2 itiom:--The rill of aw ptC v such-1-s�aral-iE-any-eE-tltnm-wiskws.proparty...insurance wverage within-the-limits-e€-such- am -ants; each may purchnsaand tnainteinttet-the purchasagMowna>,Tlansa. 5. {):-4f-C.OAFfRAGFOR-requests- wlitirtg-[het-other policies provided ......he Chanee Order or 114itten Amendment EICDC OE 40M CONDITI ONS 1910.8 (1990 Editim) 10 w/CITYOF FORT CQUINS.MODIFICATIONS (REV 412000) sommancamant of-lha-Wmket-t�see; OWi�Ast� shall -in iA-1-1-�W�FII2-awlC-ONTRAOT-GR-intend that ttH poltcles purchased in accordance wtthpereguplts-i.6 Suboonlraotcxs;-- �vN(iLAlF:iiK----6TiGll�l6ER's msureda or additional insureds- in such policies and Mill PFO�'ikle-pi damage,,cnuqed"e peFd.s severed thereby AIJ in�he-eve; insurers N the insureds -or- adLWe-o al insure us-thereurider; dire Gf9r5-Miloyeas and Agents fGF A" ]AgqM An daa any�f �y fR� in Hdd:t'.... .. ..:. _ all such -.' -h... again m—aaamcrt>— $ubeeniyantars, l3P'Gl+!£1FSRc SNG}P�6T€s C;onsukantsand all otherpersons-or-entities identified stsuradS-er-ndclitinn payable-amier-any-policy soissued -' against-- .CONTRACTOR-- Subcontractors, ENGINEEPc Ntxrts�lrttl---ilia o€Ficars direotors; employees and agents of ony -of theln, for, 54-1. -.-,lessdue to busirwas interrupt ior, lees of -use -or -other- eon%equential- koL -extending beyond -direct physical --loss or- damage -to erisittg--utof-or rasuking-&otn-hse or-odxr-partl: what}wr or-rtot-inratrad-by-0�4'�1'sR-and 14 "r-after-finalpltyment recovery aping any of CONTR>ACTOR,-Subcontractors: Receol andApp&cation oflnwranceProceeds. 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER end made payable to OWNER as fiduciary forthe insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach if no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendm ent. 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 wnttargg within fifteen days nfher the occurrence of lass to OWNER's exercise of this petvcr. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached OWNER as fiduciary shall adjust and settle the loss with the insurers .ndr n.rcn ., eFe a..,...,... ..r...n .., a I...:,.n ry .a.e Acceptance of Bonds and In yin ce; Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Bond -or insurance required to be purchased and maintained by the When—pflrl� CONTRACTOR in accordance with Article 5 on the bliss of nonconformance with the Contract Documents, the objecting petty stall so-euotiCy tie When party OWNER will pgt CONTRACTOR m writing within ten ftftee4 days after feceipt deli of the uxtificatcs (tx-tither-evidence Faq*ged) to O�VNM__xs required by paragraph 2.7. other -such-addaiora infomrekat-in-respect-of-i rence provided the-other--Rrey-reasorlebly--weluesl--If-either party does not purchase or maintain all of the Bonds and insurance required -.of -etch -party -by the -Contract T1.... ..���... ..,...t ....w.. ..L..11 �..,: L. th ,.,L.,,. �..�,.. :.. writing ofsuoh-failureto-parchase-poor-to- the star t-of the WrE1f-tff!iaalTf HFiR. etlw-right or-remady.--the-other-party- may -elect --to-c"uin-equivalent Bornls-or-msurartoeto'protect such ttherparly's interests at tlwexpenseofthaparty*vho-was-rec ired to provide such Cororect-Pnee accordingly Partial 17tiG7ation—Property Insurance: 5.15. If OWNER furls it necessary to occupy or use a portion or portions of the Work prior to Substantial EH•'DC GENERAL CONDiTIOM 19104 (1990 Ebtion) w/ a'Y OF FORT OOLW M MODMr-ATIONS (REV A ft000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10: befrvided that no such use or occupancy shall commence ore the insurers providing the property insurance have acknowledged notice thereof and in uniting effected any changes in coverage necessitated thereby- The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S .4aperiidon and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Wok competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance, with the COMI ct Documents CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means. method technique. sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents - CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 61. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent who stall 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 art on behalf of CONTRACTOR All communications to the superintendent shall be as binding m if given to CONTRACTOR Labor, 31aterials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and corstnuct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work an Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no lusts than 48 hours in advance of airy Work to b e Performed on Saturday. Sunday. Holidays or outside the Regular Working Hours. u • 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume frill responsibility for all materials, equipment, labor, transportation, construction 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 start-up and completion of the Work. m6.4st RestnotionsCONTRACT u1c1we OR City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Cierk's office. 6.4.2. Cement Restrictions: Citv of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that bum hazardous wage as a fuel 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contact Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied installed connected, erected uused, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contact Documents. Progress Srhedule- G.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 summit to ENGINEER for acceptance (to the extent indicated in paragraph2.9) proposed adjustmers in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Subs*ulesand "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required Unless the specification or description FaccocrjEN LaLcormtnom191 Bttovo"tim) 12 V OTY OF FORT CDLLIM MODIFICATIONS(REV 4,2000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. 'Or -Equal" If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that tamed and sufficiently similar so that no change in related Work will be required. it may he considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGi EER's sole discretion, he accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Rena: If m 04GINEWs sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The cedure for review by the ENGINEER will includeprothe following as supplemented in the General Requirements and as ENGrNEFR may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to famish or use a substitute item of material or equipment. CONTRACTOR shall fug 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 on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacernent service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to fnnisb additional data about the proposed substitute. 6.7.1.3. CONIRACTOR'sExpense: All data to be provided by CONTRACTOR in support of arty proposed "ortqual" or substitute item will be at CONTRACTOR's expnrse. 6.7.2, Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute mearu, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGDMER'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. Engine✓.s Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized without ENGINEER'.- prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any 'or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned therebv. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. &S. Concenting Subcontadtns, Suppliers and Men. 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to famish or perform any of the Work against whom CONTRACTOR has reasonable objection. EXI>C ©ENEM CONDtnorts 191" 0990 B3Ga0) WICITY OF FORT COLUM MODIFICATIONS (REV 4f1000) 6.9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is - without subcontrtiry ). The 20 pere®t requirement shall to refer to the�Work to value of which totals not less than 20 oercent of the Contract Price 6.8.2. If-ihe- Supplementary -Conditions Bidding 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 ef�he-speciRed date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,--and---if G/1Tt'1`UACTOR has whirrgM_J list the OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any parsons basis-nf ion; mma4nl�1 . substitute, ,1.. (-..�.i s , r rw. ., ill h such -substitution -s'u' istitution-and-an will be issued or Written -.Offnendment Signed. wAl constitute a condition of the Contract re_xquirin use of the named subcontractors, suppliers or other persons or organization_ on the Work unless prior written approval ns obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective 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 under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts aril omissions. Nothing in the Contract Documents shall create for the betxfit 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 arty such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontracts, supplier or other txrson or organization evidence of amounts Paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 13 r. Q LO Q CD 0 H U W CO) N 0 LL Z W 2 W W Q C) 0 C%4 co U') LO 0 0 0 0 E 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 LNGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursumt to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terns and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. W henaveri ny-suoh-agrmnae Supti}ier-whe--is-listeei-ss-an additiom! insumd an the nee ty-imeranee-prcwided-in GgNr'Dr. .�:o^ md...the-Subocn&uclnr-erSuppher-w4I i the -Werkk on-anysuch policies require Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and rovalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, &-sign, 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 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 arising out of or resulting from any infringement of patent rights or copyrights incident to the use inthe performance of the Work or resulting from the incorporation in the Work of any invention, design, process product or device nor specified in the Contract Documents. EICDC OENUtAL CONDITIONS 1910-3 (199a Editim) 14 W CITY OF FORT COLLINB MODIFICATIONS MEV 4Qmaa) 0 Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time or opening of Bids or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Larva and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to ftrmshutl; and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting thercli m; however, it shall not be CONTRACTOR'S primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall no 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 Stan and local sales and use Imms on materials to be Rermanently-incorpotated rto iheynect_Said taxes shill not be included in the Contrail price. Address: Colorado Department of Rcvcnu State Canital Armes 1375 Sherman Street Denva. Coloradu. 80261 Sales and Use Taxes for the State of Colorado Reaional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of rom do All e�li®ble Solos oriel Use Taxes (includirle State collected taxes), on any items o er than construction and building materialsphvsically incorporated into the rraiert are to be paid by CONTRACTOR and am to mcle�aooraprtate bid items. Use of i"rend= 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the oopperanans of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest dent permitted by Laws and Regulations, indemnify and hold harmless OWNER ENGINEER, ENGINEERS Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or, action, legal or equitable, brought by any such owner or occupant against OWNER ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR'S performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials. rubbish and other debris resulting from the Worts. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work CONTRACTOR shall restore to original condition all property not designated for alteration by the Contact Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure. nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Doeunreats.• EFCDC GENERAL CONDITIONS 1910F9 (1990 Edtim) w/ C3TY OF FORT CGLLINS MODIFICATIONS (REV 412000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Slop Drawings will be available to ENGINEER for reftrmce. Upon completion of the Work, and prior to release of final oavirt these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Prorec8on: 620. CONTRACTOR stall 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 ol; and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1, nil persons on the Work site or who may be affected by the Work; 6.20.2. all the Wort: and materials and equipment to be incorporated lhercin, whether in storage on or off the site: and 6.20.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR any Subcontractor, Supplier or any other person or organization 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 omissitas of OWNER or ENGINEER or ENGD=s Consultant or anyone employed by any of them or anyone for whose acts any of t eon may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or regligence of CONTRACTOR or any Subcontractor. Supplier or other person or organizatrtm 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 0 • 0 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. SafetyRgrwemmdve: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Commiewcalum Programs: 6.22. CONTRACTOR shall he rmponsiblc fox coordinating any exchange of material safety data sheets tx other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Fmergeecies: 6,23. In emergencies affecting the safety or protection of Persons or the Work or property at the site or adjacent thereto, CONTRACTOR without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 624 Shop Drawings and Samples; 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. 6.242. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use fox which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited E1CDC GER AL COM MOM 1910-8(1990 Edition) 16 wlCITY OF FORT COLLIM MODIFICATIONS (REV 4r)000) purposes required by parapaph626. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submidul Procedures: 6.25.1. Before submitting each Shop Drawing or Sample. CONTRACTOR shall have determined and verified: 6.25.1.1. all field messurements, quantities, dimensions, specified performance criteria. installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.12. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation palainvtg to the performance of the Work and 6.25.13- 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 has mtisficd CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such 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 muse a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop DraynoRs and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation an 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 review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINIEER 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 wriing 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 rotation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of pamgmph 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 paragraph2.9, any related Work performed poor to ENGMEER's review and approval of the pertinent sulntuittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the program schedule during all disputes or disagreements with OWNM. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONMCTOR's Ceneraf Warranty and Guarantee: 630.1. 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. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 630.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR Subcontractors or Suppliers; or 630.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EXDC GENERAL CONDIMOM 15104 (1990 Eagan) w/ ©TY OF FORT 001,11M MODWICAT1ON5 (liEV4/1000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER: 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 under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of drfective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER ENGINEER, ENGINEL-Rs 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 tests) caused by, arising out of or resulting from the performance of the Work, out that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itsell), 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 pan by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws anal Regulations regardless of the negligence of any such person or entity. 632. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 0 • any of them to perform or furnish any of the Work or anyone for whore aces any of them may be liable, the indemnification obligation under paragraph631 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 orgmiratim under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paraipph6.31 shall not extend to the liability of ENGINEER and ENGINMIZ!s Consultants, officers, directors, employees or agents mused by the professional negligence, errors or omissions of any of them. Survival ofObligaafoar 6.34. All representations, indemnifications, warranties and guarantees made ire required by or given in accordance with the Contract Documents, as well as all oontinuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7-0TAER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNERS own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (i7) 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 are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a dreg contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNERSs employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shallperly connect and coordinate the Work with theirs. Mess otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fnui ng and patching of the Work that may be required to make its several parts cone together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EICDCGEKMAL COMx710M 1910S (1990 Edition) 18 w/ CITY OF FORT COLLIM MODIFICATIONS (REV 4,1000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 73. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordaaden: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and ibility for coordination of the activities amornggvvarious 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 responsibilitieswill be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE S-OWNER'S RESPONSMILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINE L• R. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom-C�I-N,C-TOR--makes-nu- reason able- b tion, whose status under the Contract Documents shall be that of the former ENGINEER. 83. OWNER shall furnish the dnta required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and casements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragmph4.2 refas to OWNEWs identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and dmwings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. fotihin paragrephs3§through 5.4C{ 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 152 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. arratgent ms-have -bent-medc--to-setisfi- OWI>IsRs obltgatt - __ er tie Gentn._t r__ _ _ _ 0:i NER responsibility-in-respect-thereef-will-be-as set-fa*-inthe Supplementary fondttier. ARTICLE 9-ENG gEM'S STATUS DURING CONSTRUCTION OWAr£R'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 and ENGINEER rYsib to Mte: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EICDC GENERAL CONDMOM 19104 (1990 Edtioa) w/ (T Y OF FORT COLD NS MODMrATIONS ftN 4(l000) 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. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in ragraph 9.13, and particularly, but without limitation. during or as a result of INGINEER's on site visits or observations of CONTRACTOR., Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, soquences or procedrues 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 ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs93 and 9.13 e_a in the c....plefoa . Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the St"-m enlary, Genditki-aRh 9Q 9.3.1. The Re�esentative's dcal rgls in matters perlairrirtn to the on�site work will in geneml, be with the ENGINEER and CONTRACTOR But. the Rehrc5eeitative will keep the OWNER nrooerly advised about such matters. The ReeJAesentative's dealirw with subcontractors will only be throuO or with the full knowledge and approval of the CONTRACTOR 9.3.2. Duties and Responsibilities Representative will: 9.3.2.1. Schedules - Review the nrmms 19 0 • 0 schedule and other schedules prepared by the CONTRACTOR and consult with _ the ENGINEER concernirm acceptability, 9.3.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as precornstruction conferenas,--Rrogress_ meeting and other iob conferences and DreDare and circulate cpoies of minutes ojtsee, 93.2.3. Liaison 93.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR,. working wincipally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents 9.3.2.3.2. Assist in obtaining from OWNER additional details or information when required. for proper execution of the Work. 9.32.33. Advise the ENGINEER and CONTRACTOR of the commencement of any Wok rcquirina a Shop Drawing or §ammo submission if the submission has not bem approved b�thc ENGINEER. 9.3 2 4 Review of Work.$gjgction of Defective Work IttSTAonsand Tests - 93.2.4.1. Conduct on -site observations of the Work in pn2g ess to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 9_3.?A.3,_ Accorgpany visiting 6 eggrS represcnting public or other agencies having jurisdiction over the Project. record tK nmy ky of these infections and report to the ENGINEER. 9.32.5. IntzrIntation of Contract Documents. Report to ENGIIdEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interprcla620 of the Contract Documents as issued by the NZIOAMCM 93.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for E.JCDCGENERAL.CONDITIONS 191M 0990E(Won) 20 w/ MY OF FORT OOLUM MOMMCAMNS (REV 4/1000) modification in Drawing or S ifications and report ihese_ saeomm bons to E QM - Accurately tranunit to CONTRACTOR decisions issued by the ENGIIEER 9.32.7. Records. WXWMTM-, Q,},2 $.1. Fumish_]�G�EB_pe�Qd14 as squired. of rypprts the,�rogress of the Work and of the CONTRACTOR'S mobance with the orotress sdudule aril schedule of sho_�Drawing and samle gi4� $} 2AZ Corault with FNGIN - -M advance of scheduling major tes inspections or start of important phases of the Work. 9.3.2.8.3. Draft proposed Change Orders gnd Work Drective Changes ol>�v�.irg ckup material the CONTRACTOR recommend — ommend to EI GIlVEER Change Orders. Wotk Directive Chenees and field orders. 9.3.2.84. Report immediately to ENGINEER and OWNER the occnrrencxe of any accident. 9.3.2.9. Pavment Requests Review applications IT cnt with C2TRAC TOR for com liance wi the established raocedurc for their submission and forward with recommendation to ENGINEER noting particularly the relationship of the payment requested to the schedule of value work completed and materials and cuuipment delivered at the site but not incoporated in the Work. 9.3.2.10. Completion 9.3.2.10.1. B_ afore ENGINE112 issues e Certificate of Subtitarttial Camp_letit2t> submit to CONTRACTOR a list of observed items reauirim correction or completion 9.3.2.10Z Conduct final inspectim in the oompanv of the ENGINEER. OWNER and CONTRACTOR and prT�rc a final list of items to be eorreded 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 trot: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute �nipppeae unless authorize�by-the ENGINEER. 9.3.3.2. Exceed limitations of ENGINEER'S authority as set Earth in the Contract Documents. 9.3.33. Undertake any of the responsibilities of the CONTRACTOR_ Subcontractors. ix CONTRACTOR'S sulyju e1nd4At Q 3.3 4 Advise on or issue directions relative to_ or assume aortrol ova any aspect of the Means. methods. tecluriwes, seouerim or anoadares fbr co» mcition unless such is MiEwit Had for in the Contract Documaus. 9.3.3.5. Advise on or issue dir MC4119—or &4sWgns 5 41_over M ty precautions and programs in connections with the Work. 9316. Accept Shop Drawings or sample submittals from anyone either than the CONTRACTOR 93.3.7. Authorize OWNER to occupy the Work an whole or in owl. Partia_pate in specialized field or laboratory tests or inyxdions cartducted by others 0(ceot as sueeifically authorized by the ENGINEER Clarifications and laterpretadons. 9.4. ENGINEER will issue with reasu able promptness such written clarifications or interpretations of the EXI)C GENERAL CONDITIOM 191 M (1990 E6ticN w' OTY OF FORT COLUM MODIIICATIONS (REV V2000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. if OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I 1 or Article 12. Autkorized Yarladons in Work: 95. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an ac�ustmcnt in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also an CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Orderjustifies 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 i I or 12. Rejecting Defeedt a Work 9.6. ENGINEER will have authority to disapprove or reject Wort: which ENGINEER believes to be defective, orthat 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 Strop Drawings. C7range Orders andPavmenta 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, we paragraphs 6.24 through 6.25 inclusive. 9.8. In connection with ENGR=s authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER!s authority as to Applications for payment, see Article 14. Determinations for Unit Pilate 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 • for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGTNEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A. "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party, in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes 9-11- ENGINEER will be the initial interlmter 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 11 and 12 in respect of changes in the Contract Rice or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing 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). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph ENGINEER's written decision on such claim, dispute or other matter will be 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 (i) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EXI)COEMM& COMY'110M 1910s (1990Edtiw) 22 w/ QTY OF FORT OOLLIM MODIFICATIONS (REV 42000) 0 decision, unless 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 show rielity to OWNER or CONTRACTOR and will not be able m connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter-punment le Aide I . 9.13. Limitations on EMG1MMR'5 Authority and Responsibilities 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under arty 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 ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9,13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques. sequences or procedures of construction, or the safety precautions mid programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not he responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by pamgraph 14.12 wit) only be to determine gemrally that 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 limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 110—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 Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such documcm, CONTRACTOR shall promptly proceed with the Weak 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 turnable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should he allowed as a recut of a Wok Change Directive, a claim may be made therefor as provided in Article 11 or Article 12, 103. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to arty Work performed that is not required Iny the Contract Documents as amended, modified and supplanented 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 recommended by ENGINEER (or Written Amendments) covering: 10.4.1 changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting *fecrlve Work Under paragraph 13 14. or (iu) agreed to by the parties. 10.a 2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.43, 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 carry 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 EJCWGENERAL CONDITIOI81910-9 (1990 Edltim) w/ aTY OF FORT COW t S M01)(PICATIONS (REV 42000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surery, the giving. of any such notice will be CONTRACTOIt's responsibility, and the amount of each applicable Band will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitmcs the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties. responsibilities and obligations assigned to or undertaken by CONTRACTOR mall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other parry and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty Ma alter the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or 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 agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11-2 11.3. The value of any Wort: covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Docwrrortts, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 • SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 1st day of February in the year of 2016 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Waterhouse, Inc., DBA All Pro Sealing. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.1 Renewal. This Agreement is a renewal of the Agreement entered into between the parties on the 12th day of December, 2012, entitled Specifications and Contract Documents for 7290 Crack Seal and Fill Project 2012 City of Fort Collins (hereinafter called The 2012 CONTRACT) and all portions interpreted as if the same were attached hereto. This renewal is authorized pursuant to Article 3.1. Contract Period, of the 2012 CONTRACT. This Agreement shall be effective on the date this Agreement is signed by the City. • 1.2 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7290 Crack Seal & Fill Project — 2016 Renewal and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Streets Department, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within ninety (90) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within five (5) calendar days after the date when the Contract Times commence to run. • 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the E paragraphs 11.9.1 through 11.9.3. inclusive): CONTRACTOR shall obtain oompetitive bids from Subcontractors acceptable to OWNER and 11.3.2. where the Work involved is not covered by CONTRACTOR and shall deliver such bids to unit prigs contained in the Contract Documents, by a OWNER who will then determine, with the advice of mutually agreed payment basis, including lurnp suet ENGINEER, which bids, if any, will be accepted. If (which may include an allowance for overhead and any subcontract provides that the Subcontractor is to profit not necessarily, in accordance with be paid on the basis of Cost of the Work plus a fee, paragraph 11.6.2); the Subcontractoes Cast of the Work and fee shall be determined in the same manner as CONTRACTOR'S 11.3.3. where the Work involved is not covered by unit Cost of the Work and fee as provided in prices contained in the Contract Documents and paragraphs 11.4, 11.5. 11.6 and 11.7. All agreement to a lump sum is not reached under subcontracts shall be subject to the other provisions of paragraph 113.2, on the basis of the Cost of the Work the Contract Documents insofar as applicable. (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit 11.4.4. Costs of special consultants (including but (determined as provided in paragraph 11.6). not limited to engineers, architects, testin laboratories, surveyors, attorneys and accountants Cost of the Work- employed for services specifically related to the Work. 11.4. The term Cost of the Work means the sum of all costs necessarily incurred aryl paid by CONTRACTOR in 11.4.5. Supplemental costs including the following: the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall 11.4.5.1. The proportion of necessary he in amounts no higher than those prevailing in the transportation, travel and subsistence expenses of locality of the Project, shall include only the following CONTRACTOR's employees incurred in items and shall not include any of the cents itemiZCd in discharge of duties connected with the Work. paragraph 11.5: 11.4.52. Cost, including transportation and 11.4.1.Payroll costs for employees in the direct maintenance, of all materials, supplies, employ of CONTRACTOR in the performance of the equipment, machinery, appliances, office and Work under schedules of job classifications agreed temporary facilities at the site and hand tools not upon by OWNER and CONTRACTOR. Such owned by the workers, which are consumed in the employees shall include without limitation • performance of the Work, and cast less market mpenntenderts, foremen and other personnel value of such items used but not consumed which employed full-time at the site. Payroll costs for remain the property of CONTRACTOR employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the 11.4.5.3. Rentals of all construction Work. Payroll costs shall inclurit.-but not be limited to; equipment and machinery and the parts thereof salaries and wages plus the cost of fringe benefits whether rented Fran CONTRACTOR or others in which shall include social security contributions, accordance with rental agreements approved by unemployment, excise and payroll taxes, workers' OWNER with the advice of ENGINEER, and the compensation health and -retirement benefits, bonuses, casts of transportation, loadings, unloading, sielt leeA e, Yeeatienand-heFiday pfl� applicable thereto. installation, dismantling and removal thereof —all The expenses of performing Work after regular in accordance with terms of said rental working hours, on Saturday. Sunday or legal holidays agreements. The rental of any such equipment, shall be included in the above to the extent authorized machinery or parts shall cease when the use by OWNER. thereof is no longer necessary for the Work. 11.4.2. Cost of all materials and equipment furnished 11.4.5.4. Sales, consumer, use or similar taxes and incorporated in the Work, including costs of related to the Work, and for which transportation aryl storage thereof, and Suppliers field CONTRACTOR is liable, imposed by Laws and services required in connection therewith All cash Regulations. discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with 11.4.55. Deposits lost for causes other than which to make payments, in which case the cash negligence of CONTRACTOR, any discounts shall accrue to OWNER All trade Su nntraator or anyone directly or indirectly discounts, rebates and refunds and returns from sale of employed by any of them or for whose acts any surplus materials and equipment shall accrue to of them may be liable, and royalty payments and OWNER, and CONTRACTOR shall make provisions fees for permits and licenses. so that they may be obtained 11.4.5.6. Losses and damages (and related 11.4.3. Payments made by CONTRACTOR to the expenses) caused by damage to the Work, not Subcontractors for Work performed or Currtished by eampensated by insurance or otherwise, sustained Subcontractors. If required by OWNER, by CONTRACTOR in connection with the EXDC-QENaUL 0orrotlt0M 19105 (1990 &ction) 24 w/aTY OF FORT ODLUM MOMFICA IONS(REV 42000) 0 performance and furnishing of the Work (except lasses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.% provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and ex penes shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.62, 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Mir" expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in correction with the Work. 11 A3.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The tern Cast of the Work shall not include any of the following: 11.5.1. payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators. attorneys, auditors. accountants, purchasing and contracting agents. expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of jolt classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4a11 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. 11.5.3. Any pan of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR ror delinquent payments. 115.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Docranenls to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). VCDC GENERAL CONDITIONS 1910 8 (1990 E3tim) w' C17Y OF FORT COLLI M MODIFICATIONS (REV 4,2000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by an of them or for whose ads arty of them may be table, including but not limited to. the correction of rejective Work, disposel of materials or equipment wrongly supplied and making good any damage to property. 11.5_6, Other overhead or general expense costs of arty kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The OONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6-2.1. for casts incurred under paragraphs 11.4.1 and 1 t.42, the CONTRACTOR's fee shall be frf=n percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent: 11.6.23. where one or more tiers of subcontracts are on the basis of Cost of the Work Q'us a fee and no fined fee is agreed upon, the intent of paragraphs I]A.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee "ve-perca uof rh�-peid-to t win, t-lewer4ter Subcontractor to negotiated in good faitb with the OWN1i -bijbeLAot to ex,0WJ five oerani of the amountQaid to the next lower tier Stilt�xaractor. 11.6.2.4. no fee shall be payable on the basis of casts itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be showed 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 additiom and credits are involved in any one change. the adjustment in CONTRACTORS fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 u 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 itemized cost breakdown together with supporting data. Cash Allowa»co: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be ftarnshed and perforated for such sums as may be acceptable to OWNER turd ENGINEER CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site. and all applicable taxes. and 11.8.2. CONTRACTOR's costs for unloading and harxiling on the site, labor, installation cosh, overhead, profit and other expenses contemplated for the allowances have been included in the Contact 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 try allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work 11.9.1. Where the Contract Documents provide that all or pact of the Work is to be Unit Price Work initially the Contract )Mice will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work 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 Wort: 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. 119.3, OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; E1CDC OENE M CONDITIONS 1910.8 (1990 Editim) 26 w/OTY OF FORT 0011INSMODIFICATIONS(KLV 4/1006) and 11.0.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 119.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNERS sole discretion without affecting the Contract Price of W remaining item so tort f as the de'Or' or addnlion does not exceed twenty-five Qere nt of the original total Contract Price. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the Adjustment claimed is the 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 ENGINEER in accordance with paragraph 9.11 of 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 or the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragra h 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performinng other work as contemplated by Article7, fres, floods. epidemics, abnormal weather conditions or acts of God. Delays attributable to and tvithin 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 lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods• epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIYF. WORK 13.1. NorieeofDefeds. Prompt notice of all defective Work of which OWNER or INGINF.F.R have actual knowledge will be given to CONTRACTOR All defecrnr Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER ENGINEER ENGINEER's Calsultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reesonable—times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests andingwationm 133. CONTRACTOR shah give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspectitms, tests, or approvals required by the Contract Documents except 13.4.1 for inspections, tests or approvals cowered by paragraph 13.5 below. 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EXDC OENEKAL CONDI110M 1910-8 (1990 Eibtim) w/ CITY OF FORT COLLINS MODIFICATIONS (RGV 42000) below shall be paid as provided in said paragraph 13.9; and 13.4.3, as otherwise specifically provided in the Contract Documents. 13.5. I£ Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all casts in connection with any inspections, tests or approvals required for O WNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work. or of materials, mot designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Wok. 13-6, If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGTNF.ER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's cipense. 13.9. If F.NGTNFER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGINI ER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective. CONTRACTOR shall pay all claims, costs, tosses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not Invited 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 thcreof; may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defecriiv, CONTRACTOR shall be allowed an incase in the Contract Rice or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 • uncovering. exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 0W7QR May Stop Me Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof until the cause for such order has been eliminated; however, this right of OWNER to .stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal ofDefeeave Work. 1111. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period., 13.12A. if within one 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 cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily cored or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terns of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work concerted or the rejected Work removed and replaced, and all claims, costs, lasses and damages caused by or resulting Gom m 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 scan to run from an earlier date if so provided in the Specifications or by Written Amendment 13.12.3. Where defective Work (arid damage to other �g EICDCGENERAL CONDMoN'st910S(t99oEditim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4r'000) 0 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 wear two stars after such correction or removal and replacement has been satisfactorily completed. Acceptance ofDefeeave Work: 13,13, If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of Gnat payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNi:R's evaluation of and determination to accept such di fictive Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parses are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by OONTRACTOR to OWNER. OWNER May Cored Defeeave Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defecmv Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents. OWNER may, after seven days' written notice to CONTRACTOR correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Wort:, 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. OWNMVs other contractors and ENGINEER and BTIGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, vests, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) hecause of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of VabLeir 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 ENGINEER. Progress pa}wents on account of Unit Price Work will be based on the number of units completed. Application for Progress Pajmtent 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 agreed to in writing the Application for Payment stall 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 arnangements 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. Any fur s that are withheld by the OWNER shall not be subject to substitution by the CNTItACTOIt with securities or anv arrangements involving an escrow or custodimtshao. By executing the Apfication f�.Pw.yment form the CONTRACTOR acoressly waives his right to the benefits of Colorado Revised Statutes. Seclion 24-91-101, et Soo' CONTRACTOR'S 1Var7anty of Tide: 143. CONTRACTOR warrants and guarantees that title to all Work materials and equipment covered by any Application for Payment, whetter incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Lions. Renew of.4pplieationsforProgressPayment. 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either inchoate in writing a EX -DC GENEKAL COND1T1OM 19104 (1990 Edda) w/ CITY of FORT COUIM MODEMCAMNS (REV 4f2oso) 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 ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, baud on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accoatpanyutg data and schedules, that to the best of ENGINEER's knowledge, information and belief 14.5.1. the Work has progressed to the point indicated, 14.5.2. 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 nests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CON RACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to chock 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 safel recaulions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for anv failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any pat of any payment iE in ENGINEER's opinion, it would be incorrect to make the representations to 29 i OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subseyuent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from low because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive, OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR'sperfonnanec or fumishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Fiord satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a sd- off against the amount recommended. or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.21 through 15 2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNER'S satisfaction the reasons for such action Subsrandat Completion: 14.8. When CONTRACTOR considers the entire Work ready for is intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER E)CDG OEMMAL COMMMOM 1910-3 (1990 &1itiae) 30 w/CITY OFFORT COLLIMMODIFICATIONS ftV V2000) 0 considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before find 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 otgections. ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. IE after consideration of OWNER's objectiors, 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 ENGfNEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect 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, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion. but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Pmtiaf UdaMdon: 14.10. Use by OWNER at OWNER'S option of any substantially completed part of the Work, which: (i) his specifically been identified in the Contract Documents, or (u) OWNER. ENGINEER aid CONTRACTOR agr« constitutes a separately functioning and usable part of the Work that can be used by OWNER for is intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.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 pat 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, OWNLP, CONTRACTOR and ENGINEER shall make an inspection of that pan 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 m writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14,10.2. No occupancy or sepaate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Irupecdon: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will male n final 'ira on 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. Find Application for Payment• 1412. 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 para�aph5A. certificates of inspection, marked -up record documents (as provided in paragraph 619) and other documents. CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except ns previously delivered) by: (i)all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii� consent of the sureq�, if any, to foal payment,and (w) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EICDCGENERAL CONOrnom i910-8 (1990 Eduiao w/ CITY OF FORT COLLINS MOU(FICATIONS WN 4 R000) 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 finalize pgymtem are to be submittal on forms conforming to the format of the OWNER'S standard forms bound in the Project manual. Feral Payment andAcceptance: 14.13. If, on the basis of ENGINE ER'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 ENGINEPR will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 1415. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which eau CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amoum recommended by ENGINEER will become due and will be paid h} OWNER to CONTRACTOR subect to paragraph 17.6.2 of these Qs.wa1_CaodQw- 14,14. IL through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER., and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Wok fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims.• 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR except claims arising from unsettled Liens, from defective Work appearing after 31 0 • 0 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or Gom CO CTOR's continuing obligations under the Contract Documents; and 14.15.2,A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled ARTICLE 15—SUSPENSION OF WORK AND TERMINATION OWNER blay Suspend Work. 15.1. At any time and without cause. OWNER may suspend the Work or any potion 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 makcs an approved claim therefor as provided in Articles I and 12. OWNER May Terminate: 152. Upon the occurrence of any one or more of the following events 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 paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.22. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 152.3. if CONTRACTOR disregards the authority of ENGINEER or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, alter giving CONTRACTOR (and the surety, if arty) seven days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full went they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC GENER1M COMMONS 19105 (1990 Editim) 32 w/CITY OF FORT CDLLIPS MODIFICATIONS (REV 4Q000) 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, lasses and damages sustained by OWNER arising out of or resulting from completing the Wok such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs. losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved bENGINEER incorporated in a Change Order, provided Lt when exercising any tights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 153. 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 sconce. Any retention or payment of moneys due CONTRACTOR by OWNER will no release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER. elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work: 15.4.2. for expenses 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 lair 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 SubcoNntctors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or otter economic loss arising out of or resulting from such termination CONTRACTOR May.Stop Work orTerminare: 15.5. It throughno actor 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 fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum Finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, teaninatc the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due. CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest 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 extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in ExhibitGC--A, "Dispute Resolution Agreement", to be attached hereto and made a par hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraph-,9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as cithcr may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLAINEOUS Ghi ng Notice 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended or if delivered at of sent by registered or certified mail, postage prepaid to the last business address known to the giver of the notice. 172- Computation of Time.• 17.2.1. When any period of torte 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. ElcDCGENEKAL CONDITIOM 191" a990 E(hdau V OTY OF FORT COLUNS MODIFICATIONS (PX- V 42aDa) 172.2 A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Nodee of Chinn: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of arty error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulad a Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by pamgmphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13,12, 13-K 143 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be consorted 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 Documents 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 limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17,6. The laws of the State of Colors �AQIY o th s Agreement. Rafe a to two pgtyenttt Q0IorJdo statutes are as follows: 17.6.2. if a claim is filed OWNER is required by law (CRS 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 otha supplies used or consumed by CONTRACTOR or his 33 Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Dollars ($1,000.00) for each calendar day or fraction thereof that expires after the ninety (90) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the five (5) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows Three Hundred One Thousand Nine Hundred Twenty -Two Dollars and Thirty -Two Cents ($301,922.32) 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 • EJCDC GM-IEK L COMIMOM 19105 (1990 Edition) 34 w/ CITY OF FORT COLLIAB MODIFICATIOM(REV 42000) 0 (This page Icft blank intentionally) EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtlai) 35 V CITY OF FORT COLD SMODIFICATIONS(REV42000) n LJ • EX-DCO04 ALCOI•UTIOMIVIos(1990Edrtim) 36 w/ CITY OF FORT COLLIM MODIFICATIONS (REV 411000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith us provided in this Article 16 will be specifically enfctrccahle under the prevailing law of any taut having jurisdiction 16.2. No demand for arbitration of arty claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by 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 ENGIN-aR has rendered a written decision in respect thereof in accordance with paragraph 9.1 I; 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 ENGNEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, kept 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 arhitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based don such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EICDC GENERAL CONDITIONS 1910.8 (1990 Editim) w! CITY OF FORT COLLINS MODIFICATIONS (REV 9l99) 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, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this ccrdmct unless. 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4-2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party riot specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR uivolves 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 ENGMEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereo£ and it will not be subject to modification or appeal. 16.7. OWNER aril CONTRACTOR agree that they shall fast submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes'), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16-6. unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation trader this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. OC-Al • • EJCDC GENERAL CONIXTIONS I910-8 (1990 EcRim) OC-AI • wl CITY OF FORT COLLINS MODIFICATIONS (REV "4) Ax0grolk4li I:ilIf; 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. C� SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment • SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Crack Seal & Fill Project — 2016 Renewal CONTRACTOR: Waterhouse, Inc. DBA All Pro Sealing PROJECT NUMBER: 7290 DESCRIPTION: 1. Reason for change: 2. Description of Change: _ 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER • TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative • ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: DATE: DATE: DATE: APPROVED BY: DATE: Purchasing Agent over $60,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. • case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 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 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 • 0 • STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period PAGE 4 OF 4 Installed On Hand This This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 ell *�o_----- 2:=2a22a� 2 §kkkk#■■k k /\/\\\\/\ / AAA«■A■k2 Q ee■222■ee ( 2 0 k _ ] �`j\ � DU\\ �§_[[2\ §§i]aEE/a § jn==,��_- UUcn #J§ ( ■ 8/82&000G SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of cleaning, sealing, and filling all roadway cracks greater than 1/8" wide on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Map. B. Construction Hours 1. Operation shall be in accordance with Section 108. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner, s costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. isD. 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. 0 E. Darren Moritz/Tom Knostman will be the Program Manager/Project Engineer. Tom Knostman 970-221-6576 Office 970-679-7947 Cell Phil Martinez 970-221-6615 970-672-6041 F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page 2 of 16 SECTION 01010 SUMMARY OF WORK UTILITIES Water: City of Fort Collins, Colorado Utilities 221-6700; Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Xcel Energy Emergency 1-800-895-2999 Local Contact: Pat Kreager 970-5664416 Telephone: UNCC / 1-800-922-1987 Local Contact: Debbie Kautz 970-689-0635 Traffic Operations: City of Ft. Collins, Colorado 221-6630 Cable Television: Comcast 493-7400 Utility Notification Center of Colorado (UNCC) - 811 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-6581 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6540 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6630 END OF SECTION Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergencies: 911 General Requirements - Page 3 of 16 SECTION 01040 . COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. The Project Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Project Engineer shall introduce the City Representative(s). B. Additional project coordination conferences will be held prior to start of construction for coordination of • the Work, refining project schedules, and utility coordination. C. Project Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. • 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Project Engineer. 1.3 PROGRESS MEETINGS A. Contractor and Project Engineer shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Project Manager, Project Engineer, and City Representative(s). 4. Traffic Control Supervisor. 5. Others as may be requested by Contractor, Owner, or Owner's Representative. C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. General Requirements - Page 4 of 16 SECTION 01040 COORDINATION D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 5 of 16 SECTION 01310 • CONSTRUCTION SCHEDULES 1.1 GENERAL A. The Contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. I.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping, and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones. B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 6 of 16 SECTION 01310 CONSTRUCTION SCHEDULES 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION General Requirements - Page 7 of 16