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551289 ALL PRO SEALING & ASPHALT - CONTRACT - BID - 8457 CRACK SEAL & FILL PROJECT (2)
City of Fort Collins Purchasing SPECIFICATIONS AND Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fon Collins. CO 80+22 970.221.6775 970.221,6707 ,%gor.com, purchasing CONTRACT DOCUMENTS CRACK SEAL & FILL PROJECT BID NO. 8457 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS FEBRUARY 8, 2017 - 3:00 P.M. (OUR CLOCK) 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award. OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or''or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements, 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may. before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. 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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 umil payment of all such amounts due CONTRACTOR including interest thereon The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTORS stopping Wok 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 trader this Agreement, such dispute resolution method and procedure, of any, shall be as set forth in EtttibitGC-A, "Dispute Resolution Aareement", to he attached hereto and made a part hereof. If no such agrecmem on the method and procedure for resolving such disputcs has been reached, and subject to the provisions of pamgrapbs9.10, 9.11 and 9.12. OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at u 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 time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any, such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. Ex -DC OLNTRAL CONDIttot s 1910s (1990 .:dam) WICITY OF FORT COLUtS MODIFICATIOM CREV 42000) 17.2.2. A calendar day of twenty-four hours mesuured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property bemuse of any error, omission or act of the other party or of any of the other party's employees or agents or others for whore 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 sueh 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.Cumulative Remedies.• 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 631, 632, 13.1, 13.12, 13.14, 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 construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Projerdonal Fees and Court Cons Included: 17.5. Whenever reference is made to "claims, costs• losses and damages", it shall include in each rase, 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. 17A The Iaws of the State of Colorado apply to this Agreement Reference to twp pertinent Colorado statutes are as follows 1762. If a claim is filed. OWNER is required by law (CRS 3B-26-1071 to withhold from all Mvtnents to CONTRACTOR sufficient hails to insure the payment of all claims for labor, materials. team hire, sustenance, provisionss, provender, or other supplies used or consumed by CONTRACTOR or his 33 BKWOENFRAL CONDITIONS 1910-8 (1990 E&M) 34 WMTY OF FORT COLLIM MODIFICATIONS(REV42000) (This page left blank intentionally.) EXDCGENERAL CONIXMO 51910-3(1990 E46m) 35 w/ CITY OF FORT COLUNS MODIFICATIONS (REV 420W) EJCDC GM4ERAI. CONMTIOls 191 H (1990 E(fition) 36 WICITY OF FORT COLWNS NOOIFICATIONS QtN42000) 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 Ls amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR ansing out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to 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 ENGINEER has rendered it written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all otter cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 1910.8 (1990 Edilim) w! CrTY OF FORT COLLINS MODIFICATIONS (REV 9i99) 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 contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration), and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of arty dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16-4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcomracior, either OWNER or CONTRACTOR may join such Subcontractor as n 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 ran in the provision of such subcontract consenting to joirder shall create any claun, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does riot otherwise exist 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes rind other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ('disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed GC -A I EJCDC GENERAL CONDITIONS 1910-8 (199O Ech1im) GC -Al w7 CITY OF FORT COLLINS MODIFICATIONS (REV 9194j SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: N/A Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: N/A 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. J responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 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 CONTRACTOR: Waterhouse Inc. dba All Pro Pavement PROJECT NUMBER: 8457 DESCRIPTION: 1. Reason for change: Z. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing DATE: DATE: DATE: DATE: DATE: 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: 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. $0.00 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period Installed This Period PAGE 4 OF 4 On Hand This Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 2017 CRACK SEAL & CRACK FILL PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01340 Submittals 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 2-3 General Requirements 4-5 General Requirements 6-7 General Requirements 8-9 General Requirements 10-11 General Requirements 12 General Requirements 13-14 General Requirements 15 General Requirements 16 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of cleaning, sealing, and filling all roadway cracks greater than 1/8" wide on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Map. B. Construction Hours 1. Operation shall be in accordance with Section 108. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner, s costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Darren Moritz/Tom Knostman will be the Program Manager/Project Engineer. 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 970-566-4416 Telephone: UNCC / 1-800-922-1987 Local Contact: Debbie Kautz 970-689-0635 Traffic Operations: City of Ft. Collins, Colorado 221-6630 Cable Television: Comcast 493-7400 Utility Notification Center of Colorado (UNCC) - 811 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-6581 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6540 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6630 END OF SECTION Latimer 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. I. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major 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 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form. Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED'' on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best SECTION 01040 COORDINATION D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 5 of 16 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The Contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping, and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones. B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 6 of 16 SECTION 01310 CONSTRUCTION SCHEDULES 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION General Requirements - Page 7 of 16 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 0 13 10, 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. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Review status designations listed on Project Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN: Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Project Engineer's notations. Contractor is to proceed with the Work in accordance with Project Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Engineer reviews such submittals for general information but not for substance. 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Three (3) copies minimum, two (2) copies which will be retained by Project Engineer. General Requirements - Page 8 of 16 SECTION 01340 SUBMITTALS 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Project Engineer and resubmit until accepted. B. In writing call Project Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing, call specific attention to revisions other than those called for by Project Engineer on previous submissions. END OF SECTION General Requirements - Page 9 of 16 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as required for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval shall not be incorporated into the work. B. The contractor and sub -contractors shall have visible company names on all vehicles that enter the work zone. C. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. D. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). E. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of their subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractors' control system shall specifically include all testing required by the various sections of these Specifications. General Requirements - Page 10 of 16 SECTION 01410 TESTING B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himselflherself that the construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to the Engineer weekly. END OF SECTION General Requirements - Page 11 of 16 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 12 of 16 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISECONTROL 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. The Contractor shall abide by the City of Fort Collins "Dust Control Manual" located herein the contract documents under section 4000. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins limits. B. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. C. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. 1. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage and Erosion Control Manual (latest edition). General Requirements - Page 13 of 16 SECTION 01560 TEMPORARY CONTROLS 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the latest revisions of the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.6 HAUL ROUTES The City reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. Asphalt material hauled in and out of the Martin Marietta Taft Hill Plant location is required to be hauled only to/from the north on Taft Hill Road to County Road 54G. END OF SECTION General Requirements - Page 14 of 16 interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request records, photographs, and written descriptions of said work as may be required by the Engineer. Documents shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page 15 of 16 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance including traffic control. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment, tools, and traffic control personnel and equipment; and performing all labor and supervision to fully complete the work. C. Unit prices shall govern over extensions of sums. Refer to the "Project Specifications" documents to define payment items. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise, on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount thereof. END OF SECTION General Requirements - Page 16 of 16 SECTION 02000 PROJECT SPECIFICATIONS The 2011 Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction and the standard revisions controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. The Larimer County "Urban Area Street Standards" (hereafter referred to as the "LCUASS Standards "), latest revision, are made a part of this Contract by this reference. In those instances where the Standards specifications conflict with any of the provisions of other parts of the standards the governing order of precedence shall be as follows: 1. The Special Revisions written herein this document of the latest revision of CDOT's "Standard Specifications for Road and Bridge Construction" 2. The Standard Revisions of latest revision of CDOT's "Standard Specifications for Road and Bridge Construction" 3. CDOT's "Standard Specifications for Road and Bridge Construction" 4. The latest version of the Larimer County "Urban Area Street Standards" (Referred hereafter to as the "Standard Specifications) INDEX OF REVISIONS SECTIONS 104 Scope of Work 105 Control of Work 108 Prosecution and Progress DIVISIONS 208 Erosion Control 408 Crack Sealant & Crack Filler 630 Construction Zone Traffic Control Project Specifications- Page I of 18 REVISION OF SECTION 104 SCOPE OF WORK 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, SEPT. 6, 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 with black marker. The "NO PARKING" signs duration shall be in effect for a maximum of three (3) days without revising the dates. In no cases shall the date range on the "NO PARKING" signs duration extend past three (3) days.. 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. This will include the contractor knocking and politely asking about remaining cars of nearby homes and apartments. 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; requirements contained herein, or approved Traffic Control Plan. 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/improper 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. In no case shall operations be allowed without approved Traffic Control. Project Specifications- Page 2 of 18 REVISION OF SECTION 104 SCOPE OF WORK 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. 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, and to protect placed crackseal material from traffic of all types. Any damage to tires or citizens due to early removal of protective device or lack of proper flagging shall be the Contractors sole responsibility to remediate. 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 18 REVISION OF SECTION 104 SCOPE OF WORK NO PARKING Sept 6th _$tn 7:00 AM - 6:00 PM CRACK SEALING END OF SECTION Project Specifications- Page 4 of 18 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 811MMARV OF CONTRACTOR q►IRMITTAI.0 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 408.04 Crack Sealant/Crack Filler Measurement Plan Yes No 630.11 TCS Qualifications reoccurs when TCS and fla gers thane Yes No 630.11 Resident Notification Letter Yes Yes NA EMS acknowledgement of good practices - signed I Yes No COOPERATION BY CONTRACTOR Subsection 105.10 shall be revised to include the following: The City of Fort Collins is committed to comply with the United States Environmental Protection Agency (EPA) and the Streets Department Environmental Management System (EMS) requirements that vehicles on City projects shall comply with the "Anti -Idling Policy" to reduce environmental impacts related to construction. Contractors and Subcontractors shall comply with turning off vehicles and equipment instead of idling for long periods (more than thirty (30) seconds after stopping at destination and/or not more than five (5) minutes aggregated within sixty (60) minutes). Exceptions for powering auxiliary equipment and for safety or health emergencies are allowed. The Contractor shall submit the Contractor Management Packet in accordance with Table 105-1 Summary of Contract Submittals 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. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his Project Specifications- Page 5 of 18 REVISION OF SECTION 105 CONTROL OF WORK 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: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of crack blow-out debris by the Contractor at the earliest opportunity, and the Contractor shall ensure the area is cleaned adequately prior to leaving the jobsite each day. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work and shall be in accordance with the most recent Dust Prevention and Control Manual located in Section 4000 of the contract documents. The Contractor shall maintain the streets during the construction process as described above. Upon completion of the work, the Contractor shall meet with the Engineer to confirm that the cleaning of the job site has been performed to City expectations and contractual obligations. All cost of maintaining the work during construction and before the project is accepted will not be measured and paid for separately, but shall be included in the work. END OF SECTION Project Specifications- Page 6 of 18 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: J_1\ FFR \I \R APR \1 VY I(N I111. U G SFllI- OCT \OV DETERMINATION AND EXTENSION OF TIME Subsection 108.08 shall be revised to include the following: Residential and Collector work hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the Engineer. Arterial road work hours shall be restricted from 8:30 a.m. to 3:30 p.m. or at night between 8:00 p.m. and 5:00 a.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 two hundred (200) 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. Milestones The progression of projects located in section 3500 shall be determined by the Engineer. The following projects shall be completed prior to the month of August in 2017, as the crack seal is preparatory work for the final treatment. • Bridgfield • Scotch Pines 3 • Mason Area • Tennyson 2 • Old Town • Village West • Meadowlark 1 • Waterglen • Red Cedar Circle • Willow Park 1 Project Specifications- Page 7 of 18 REVISION OF SECTION 108 PROSECUTION AND PROGRESS 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 two hundred (200) working days, shall result in liquidated damages assessed against the Contractor. At the City's option, liquidated damages in the amount of $500.00 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 8 of 18 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City 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 burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 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 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition), The City of Fort Collins Urban Drainage and Flood Control District Urban Drainage Criteria Manual, and the City of Fort Collins Environmental Standard Operating Procedures contained herein, Section 04000. Any loss of time or materials 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: Appropriate Spill Kits shall be on site with each piece of equipment at all times during installation of the Work and during equipment maintenance and Fueling (see Section 04000 ESOP). The Contractor shall submit a description of the items contained in each Spill Kit for approval by the Engineer. METHOD OF MEASUREMENT Subsection 208.11 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 9 of 18 REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER MATERIALS Subsection 408.02 shall be revised to include the following: The crack sealant material shall be provided by the City of Fort Collins for the Contractors use. All material provided to the Contractor shall be Maxwell NUVO CS material B or C or equal with an ASTM D36 Softening Point of 200 degree F. The City of Fort Collins reserves the right to change the material supplied based on cost, performance and availability. The Crack Fill material shall be provided by the City of Fort Collins for the Contractors use. All material provided to the contractor shall be a Maxwell Gap Mastic product or approved equal approved by the Engineer. CONSTRUCTION REQUIREMENTS Subsection 408.03 shall be revised to include the following: In general, cracks that range from greater than 1/8" to 1" wide shall be sealed with crack sealant (CRACK SEALANT); cracks greater than 1" and/or cupped, as determined by Engineer, shall be filled with crack filler (CRACK FILL) with a separate pass with a specialized Crack Fill pour pot provided by the contractor. 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 unless otherwise directed by city representative. 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. This shall include sufficient traffic control devices and flagging to exclude citizen vehicle from the work zone until material is cooled sufficiently to not adhere vehicle tires. Joints between the asphalt roadway and concrete gutters, cross pans, aprons and drainage structures shall be sealed with one pass unless sinking occurs at these locations. The 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 and mitigating measures shall be taken to gain the proper bond or operations shall cease. The sealant shall be leveled off and brought flush with the surface of the existing roadway by squeegee, wand shoe, or approved alternate equipment. In a typical installation, the material shall be centered over the crack and typically, the band width of the crack seal installation shall not exceed four (4) inches in width. The band width may exceed four (4) inches based on the age or the roadway, the condition of the cracks, and/or as directed by the Engineer. If the Engineer determines that the Contractor is placing excessive amounts of material for the conditions of the roadway, the Engineer shall stop work. The Contractor shall be responsible for their quality control to ensure that all crack sealing material is flush with the existing surface before completing the project area. 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. Noise Control: See section 01560 or as directed by the Engineer. Project Specifications- Page 10 of 18 REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER METHOD OF MEASUREMENT Subsection 408.04 shall be revised to include the following: The quantities for line items 408.01 — 408.06 shall be based on the net weight stickers from the pallets of crack sealant or crack fill material, and then applied to the corresponding road classification identified by each line item. 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 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 intent of items 408.07 and 408.08 are to compensate the contractor for work on arterials during the months of December through April. During these months, the Engineer may require additional heating and cleanout of the cracks, thus taking more time to place the material resulting in the use of less product pounds being placed. Items 408.07 and 408.08 are a lump sum and an hourly rate to compensate for this situation. Items 408.07 and 408.08 shall be used ONLY for work on arterial roadways during the months of December through April Item 408.07 shall cover all costs associated with a minimum working crew of six (6) people, a traffic control supervisor (TCS), a minimum of two (2) flaggers, and all equipment necessary to perform the work. The sealant material shall be provided by the City of Fort Collins. Item 408.08 shall be applied one (1) time for each arterial project area and only if item 408.07 is the payment method for the same project area. Traffic control shall be incidental to the Work identified within these documents and 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 (Arterial) LBS 408.02 Crack Sealant (Collector) LBS 408.03 Crack Sealant (Residential) LBS 408.04 Crack Filler (Arterial) LBS 408.05 Crack Filler (Collector) LBS 408.06 Crack Filler (Residential) LBS 408.07 Six Person Crack Sealant Crew HOUR 408.08 Mobilization LS Project Specifications- Page 11 of 18 REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER The above unit prices shall include compensation for furnishing all labor, materials (not product), tools, equipment, required traffic control devices, personnel and related traffic control incidentals for all the Work involved in installing crack sealant and crack filler, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications- Page 12 of 18 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 panels, variable message boards, barricades, channelizing devices, and delineators as required by the latest revisions of the City of Fort Collins "Work Area Traffic Control Handbook," the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the Larimer County Urban Area Street Standards (LCUASS), and the Colorado Department of Transportation Road and Bridge Standard Specifications (CDOT). In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. Any direction to modify the approved MHT as directed by the City's Traffic Control Division shall be followed immediately and then reported to the Engineer. MATERIALS Subsection 630.02 shall be revised to include the following: All traffic control devices shall meet or exceed the required minimum standards. Traffic control devices shall be clean and in good operating condition when delivered and shall be maintained on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information. information written in long- hand, etc.) Sign blanks with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists and bicyclists traveling in the opposite direction and residents potentially affected by information the sign may present. Staging areas shall take place on public streets, and shall not be located directly in front of a house and/or driveway if avoidable. The maximum amount of time a staging area may be utilized is no more than one (1) week, unless agrred upon by the Engineer. All signs that remain up overnight are required to be sandbagged to prevent the wind from blowing the sign over, and a cone shall be placed on the drive -lane side of the sign to make the sign more visible. 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 City of Fort Collins shall not be responsible for any loss or damage to equipment due to theft or vandalism or -for any damages to public or private property caused by the Contractor's construction activities. Private or public property which is damaged by the Contractor's installation, equipment, or employees will be the sole responsibility of the Contractor. The Contractor may be required to use Variable Message Boards to advise road users about upcoming work on arterial streets as required by Traffic Operations through the approved traffic control plan. When required, the Engineer will issue direction for the number of boards, general locations for placement, and message verbiage. 1. Two-way traffic shall be maintained at all times unless approved by the Traffic Division and Engineer. Project Specifications- Page 13 of 18 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Lane width shall be maintained at a minimum of ten (10) feet. The contractor shall provide sufficient vertical panels at the required spacing to safety separate opposing streams of traffic. 2. The Contractor will provide 24 hour minimum notice to the City of Fort Collins Traffic Department when project operations will be near a signalized intersection. TRAFFIC CONTROL PLAN - GENERAL Hand drawn plans shall not be accepted. Traffic control through the construction area is the responsibility of the Contractor. 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 placed together in the right of way and not in a place that could damage landscaping, and protected from the public. Traffic control devices may be placed and/or stored in the City right-of-way for no more that 2-days in such a manner that minimizes the damage/impacts to landscaping hazards to pedestrians, bicyclists and vehicles. Damaged Landscaping will have to be restored at the Contractors expense. Traffic control devices shall be removed from the site immediately upon completion of the «ork for an3 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". The TCS and 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 Fortes. Traffic control plans shall be prepared by a Traffic Control Supervisor certified by the American Traffic Safety Services Association (ATSSA) or a Worksite Traffic Control Supervisor certified by the Colorado Contractors Association (CCA). HAND DRAWN PLANS SHALL NOT BE ACCEPTED. 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, upon approval from the traffic department and prior to the commencement of the work. 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 $500.00 per occurrence 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: Project Specifications- Page 14 of 18 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 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 1, 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. 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 working cellular phone at all times during construction operations Traffic Control Management shall be maintained on a 24 hour per day/7-days per week basis during operations. 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. Outside of construction hours, the response time from the Engineers' contact shall be 30 minutes or less and correction of the issue(s) shall be one (1) hour or less. If, in the opinion of the Engineer, any traffic control individual does not perform their duties at or to the minimum industry standard, the Contractor will be required to replace that individual. The TCS duties shall include, but shall not be limited to: I. 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 Project Specifications- Page 15 of 18 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL are functioning properly. 7. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety, and orderly movement of traffic. 8. Flagging breaks for short periods of no more than 15 minutes over a 60 minute period. 9. Traffic control device set up and removal. 10. Maintain a project traffic control diary which shall become part of the City's project records. This diary/log shall be submitted to the Engineer daily and shall include the following information as a minimum a. Date b. For Traffic Control Inspection, the time of the inspections c. Project description and location d. Traffic Control Supervisor's name e. Types and quantities of traffic control devices used per approved MHT f. List of flaggers used, including start time, stop time and number of flagging hour breaks g. Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and corrective action taken 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'strects". 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 610.15 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. Project Specifications- Page 16 of 18 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL "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: htty 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. 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. BASIS OF PAYMENT Subsection 630.16 shall be revised as follows: Pay item Unit 630.01 Variable Message Board Per each per day 630.02 Advance Warning Arrow Board Per each per day 630.03 Additional Flagging Personnel Hour 630.04 Night Work Up -Charge Per Night 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. Project Specifications- Page 17 of 18 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS Cross street traffic shall be maintained at all times unless authorized by the Engineer in writing. 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. 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. 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. END OF SECTION Project Specifications- Page 18 of 18 SECTION 00300 BID FORM 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: 2017 Crack Seal & Crack Fill Project Maps 1. Page 1 of 5: Overview 2. Pages 6 through 27 Individual Project Area Maps "The City of Fort Collins Master Street Plan" map depicting the street classifications (A rteri J, Collector, Residential) can befound at thefollowing link: http://citydocs.fcgov.com/7dt=M aster+Street+Plan+Map& do=GI S+MAPS& vi d=192& cmd=showdt City of Frt Collins Streets N W+ t> S 9ount� Road 4G _ co z a W zz '@ a 2 2 STREET MAINTENANCE PROGRAM (SMP) Crack seal program 2017 Map 1 of 27 Legend --Crack seal streets City Limits U ounty Road 52 �I a Wrl E,ounty Road 50 ,r a\r�v Cedar,Circle,CS��'`?S ountain Vista Dr UI iy Y E Su E Vine ig � m cc E Dunty Road 4 c. NFU^iriiliiii I�a� ..n■■'■ !�B 0 4,200 8,400 16,800 Feet I I i I I I I I I on y- ri n v Carp n92 _ State Hiohwav 392 f ' Overview Revised January 11, 2017 City of STREET MAINTENANCE PROGRAM (SMP) Fort Collins Crack seal program 2017 streets //N Map 2 of 27 W+ E S Legend Crack seal streets Schools City Limits 0 1,900 3,800 7,600 Feet Northwest Quadrant Revised January 11, 2017 I CD 0 0 w co 0 0 m 0 0 T •' II 0 CD W N A c rL .-r CA .Z] m m D z m c-) z D 0 z 0 m CD 2 O 0 L D v 3 N cn o 9 0 N IV CT O A cm O O T O O 0 m m J N m Z D z m 0 z D 0 Z m CD D 2) � O 1 O to D 3 N N o 9 � -0 V 0 N N Cil A O CD O 7T, O O O 1l CD (D 0 m a� N A mn or) (�\)F0 •� cnp DCr— CD r. v , m m Z D Z m 0 z D 0 Z 7,0 N M CD n) a 0 0 vto D ul o o �I V M. Westbddge Dr N O N A O 41. 03 O T CD CD co M CL L4 (D <D E cn PI a Brentwood Dr Constitution Ave Constitution Ave S Bryan Ave G � +z to cn Z7 m _ m D_ z -i m 0z �D z N "a n X, n v �c (A m m (D p m N O N o O D �C/) �.. 3 0 O N3 i) N rj v V Fort Collins Streets NN W+E S STREET MAINTENANCE PROGRAM (SMP) Crack seal program 2017 Map 7 of 27 0 1,375 2,750 5,500 Feet Harmony Ziegler CS Revised January 11, 2017 City of Fort Collins Streets NNpE�, W+E S STREET MAINTENANCE PROGRAM (SMP) Crack seal program 2017 Map 8 of 27 0 500 1,000 2,000 Feet Indian Hills CS Revised January 11, 2017 SECTION 00300 BID FORM PROJECT: 8457 Crack Seal & Fill Project Place: Date: 1. In compliance with your Invitation to Bid dated-2 - t , 201iand subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompany g this B' i� cent ed or cashier's check or standard Bid bond in the sum of ! n accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder roposes to furnish the specified perfor ance and rp�ayment Bonds is as follows: cT ay r -retg, 9147 r,� l � 8r ?dna �/_ 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. �_ through City of Flirt Collins Streets T 0 130 260 NN W+ I S 520 Feet STREET MAINTENANCE PROGRAM (SMP) Crack seal program 2017 Colboard Dr W Boardwalk Dr Map 9of27 Legend Crack seal streets Schools City Limits Bockman Dr Boardwalk Dr Mason Area CS Revised January 11, 2017 FortCollinsStreets ` Winchester Dr i! 0 rn U � m t 0 00 3° n W Swallow Rd N W+ E S Frontier Ct STREET MAINTENANCE PROGRAM (SMP) Crack seal program 2017 Map 10 of 27 U t' U 10 8 m N N o` E `o G m` wSwaijowRo c°U 5 Legend Crack seal streets Schools City Limits ILOM 3LAND 1RTEN i 6 �00 0 175 350 700 Feet Meadowlark 1 CS i I t I i i i I i Revised January 11, 2017 Fort Collins ` Streets NN W+ I S Kent Ct Enfield CtEnfield St E -- - -_ - m c O m Churchill Ct ➢ c1 '� \mPetia\Dt � C J J �p m D J O a � U orsth r STREET MAINTENANCE PROGRAM (SMP) Crack seal program 2017 Map 11 of 27 m Patterson n 3 PI s SantorC m M W Horsetooth Rd or o o Camlela T N 7 0 $ Ambrosia Ct Corydalis Ct Painted Sage Ct t Wlndcreek Ct o� ,.- Greengate Dr 9a0 Cedargate Ct- — Phis - �C4Z". Way m _Lookout Ln mfir U c Brut Rd m §� Mesaview u�- Q " - S o. Silverview C e19aza o• Wastpoint-0t Meadowview Ct v o. Bluegete Ct ,o. Cr oO'ay i Crestview Ct Rosegate Glenview tL. _C rongate Ct [; ' Prairie d c c View Ct o o. oK0 $0, a av` Qlot Briargat t S 'cy Vista Ct G� Fromme Prairie Ways Harmony Ptartie m DDram,,,..... Morning � m ge - Dove Ct 0 o` Morning -o a Dusty Sae DG°ve Ln v 0 490 980 1.960 Feet Legend Crack seal streets ®Schools City Limits Richmond D} Patteaon Ct __ ._... Richmond Dr is a � q Woodview Ct _CrestwaY Gt gailcrest Ct -- __ Lakecrest Ct Sheep JOHNSON in Creeki,Ct 10 TARP 8 c Nunn m Creek'Ct Soda Creek Ct-.' a fr IEBBER ODDCE a 6) EH�% . e �s 4 y � o � a � (9, Wakerobm Ct 06 � 0 Regencict - Hilburn Dr Zahn Ct Rd m U G 0 ^ G o 2 � fi z'. U' - Arbor Ave -- Ct Wabash St Wabash St Dr L/LC1C1Ldac _ _ a� d+, Butte Granby (81 a iPass Dr an c w routm Troutman � pxwY Durango PI Goldenn, m L wemm11ng In vrZ Deer Creek Ln Mountain Ridge CS Revised January 11, 2017 Fort Collins Streets Terry _Lae - Rd . {NAB W+E S STREET MAINTENANCE PROGRAM (SMP) Crack seal program 2017 Map 12 of 27 E -- ia Conifer 5� 0 0 m a J 0 700 1,400 2,800 Feet I 1 I I I I I TE Dr c Legend Crack seal streets EZ3Schools City Limits cOD�r ub Ra N Lemay CS Revised January 11. 2017 Fort Collins Streets NN W+E ��s STREET MAINTENANCE PROGRAM (SMP) Crack seal program 2017 Map 13 of 27 e` 5� aeC c e �c ec Qc ` Ica ��ii o o"S Laporte Ave �S r Jeffe n St �P mac° Z �d/��jS Grey V`C� Mountain Ave E Mountain Ave W Oak St W Olive st W Magnolia St ¢ N E Maqi olia St ro YOUNG PEOP C � LEARNING CENTER' y U m co m co W Mulberry St W Myrtle st in E Lincoln m N ® E Laurel f4f Laurel St St E Laurel St 0 345 690 1,380 Feet I I I I I I I I I Legend Crack seal streets =Schools City Limits in � in y D D N M N U j s N E Myrtle St i coo 0 o `o U Old Town CS Revised January 11, 2017 City of STREET MAINTENANCE PROGRAM (SMP) Flirt Collins Crack seal program 2017 streets N Map 14 of 27 w+e S Legend Crack seal streets = Schools City Limits 0 255 510 1,020 Feet Ponds CS I 1 I I I I I I I Revised January 11, 2017 City of Fo_rt Collins Streets Ct 1 C II I Nesbit I Ct 1 0 270 540 NNE W+E S A, 1.. . t 'y0�y.$h665 1.080 Feet STREET MAINTENANCE PROGRAM (SMP) Crack seal program 2017 Map 15 of 27 Legend Crack seal streets=Schools City Limits Bluegrass Dr U U m Mount ° Royal Ct 05Lodi Ct `� � m p = U c w 0 W Drake Rd o I - i SeCcomb St Fox Run Ct C) o m o M c� 3 Creek Ln Ct Quail Hollow CS Revised January 11. 2017 d Q 9 F�ortCollinsStreets )ry St St STREET MAINTENANCE PROGRAM (SMP) Crack seal program 2017 N Map 16 of 27 W+E ��G S Legend Crack seal streets L=i Schools City Limits Bristlecone Dr Conifer St Ct Fireweed Ln m c J p C, oZ Uo WalHlower Ln L�P\�eOt 0 155 310 620 Feet Red Cedar Circle CS I i I i I I I I I rm,sedvv i 2- City of STREET MAINTENANCE PROGRAM (SMP) Flirt Collins Crack seal program 2017 streets N Map 17 of 27 W+ r S Legend Crack seal streets Schools City Limits 0 1,000 2,000 4,000 Feet S Overland CS I I I I I I I I I R.wis-C January 1120 � 7 FF6City of STREET MAINTENANCE PROGRAM (SMP) rt Collins Crack seal program 2017 Streets N Map 18 of 27 w+L s Legend —Crack seal streets ®Schools City Limits N Mountain �;- , Wa Mason 1 Ridge CSWC OPEN HEARTS 9 CHRISTIAN JOHNSON 'r SCHOOL ELEMENTARY N1 Tfo{rlrha(t-�yyl - n (r ^ - 1 ) WEBeERoS�ilj Try MIDDigg E Sc Li. ' � - _ P OOLLEG TY S- ELEMENTARY � m o tarendon ~ UO r 'O HOis Or �= Hilldale co Or co @� WTriI iyRd F .------- ,.LITTLE — _ -- I r1r�1M-pr PEOPLES LANDING G� I i— �_/ rd Dr N p �1 Q: - Yl son", -- COYOTE o '- RIDGE Q. Or ELEMENTARY, Or � ac 0 1,600 3,200 6,400 Feet S Taft Hill CS Revised January 11, 2017 2016 ALL PRO ASPHALT SERVICES INC. CRACK SEAL RENEWAL BID SCHEDULE FOR 8457 CRACK SEAL AND FILL BID 'THIS BID SCHEDULE EXCLUDES CRACK SEALANT AND CRACK FILLER MATERIAL' BASE BID SCHEDULE 1 Item No. Item Description Unit Contract Quantity Proposed Unit Price Total Cost r Line Item 408.01 Crack Sealant (Arterial) LBS 35,000 $1.00 $ 35,000.00 408.02 Crack Sealant (Collector) LBS 80,000 $0.87 $ 69,600.00 408.03 Crack Sealant (Residential) LBS 175,000 $0.87 $ 152,250.00 408.07 Six Person Crack Sealant Crew HOUR 400 $200.00 $ 80,000.00 408.08 Mobilization LS 8 $500.00 $ 4,000.00 630.01 Variable Message Board EAIDAY 15 $150.00 $ 2,250.00 630.02 Advance Warning Aarow Board EA/DAY 20 $100.00 $ 2,000.00 630.03 Additional Flagging Personnel HOUR 75 $27.00 $ 2,025.00 630.04 Night Work Up -Charge EAMIGHT 50 $200.00 $ 10.000.00 2017 Total Base Bid $ 357,125.00 IN WORDS: Three hundred fifty-seven thousand and one hundred twenty-five dollars 'MATERIAL SHALL BE EXCLUDED FROM THE BID SCHEDULE. MATERIAL SHALL BE SUPPLIED BY THE OWNER.' BID ALTERNATE 2 408.04 Crack Filler (Arterial) LBS 8,000 $ 2.00 $ 16,000.00 408.05 Crack Filler (Collector) LBS 8,000 $ 2.50 $ 20,000.00 408.06 Crack Filler (Residential] LBS 10,000 $ 3.00 $ 30,000.00 Total S 66,1)00.00 Bid slt i mafe 2 Is to be flllsd'out with accursts pricing by the bidding corttractoms. The cost for time hwas ata0 not be incliidetl In the awerding of the bmo bid actwdule 7/13 City of STREET MAINTENANCE PROGRAM (SMP) Fart Collins Crack seal program 2017 streets N Map 19 of 27 w+ i e Legend Crack seal streets = Schools City Limits Majestic Ct i rpenter Rd 0 435 870 1,740 Feet 0 istic Dr Rode Castle Ln N S Timberline CS Revised January 11, 2017 Fort CollinStreetss ` Baylor St E Thunderbird Or STREET MAINTENANCE PROGRAM (SMP) Crack seal program 2017 N Map 20 of 27 W+E S Legend Crack seal streets =Schools City Limits HEARTS IN HAN�CH1LD DEVELOPMENT —1 - Marquette St Del Clair Rd W" N U Cortez Ct 0 185 370 740 Feet I I I I I I I I I to I N 1 � y m O C 1 0 I Alexander Ct Oxford Ln r. 0 E o' N Scotch Pines 3 CS Revised January 11, 2017 O drya I - Ave ml, o K Q W �I a o ai C1 ,- Fishback Ave cn rn o Clover Ln -- - N Roosevelt Ave om Bishop St Beech Ct CD K T. y N Mckinley Ave Franklin St �- Columbine Ct i c Tedmon Or W Ln j Riddle Or = m N Jami.tl i i Peed St PI jj m N Shields St � � g n V% m 3 < qp N `2 N M w n t g West St to - ZI m 0 Lancer Or 6 Aztec Or Madera Ct 11 or) rt0 r p m r N Z m 0 Z 1 D 0 Z ;q n rn m -o A) X O O N E a1 n� 3, 1 l�lAA V/ O CD N cc 0 0 A O O ON J :� cn m m 3 D z m 0z �D �z n m CD A) O Z O� to D ID 3, N CA O E City of STREET MAINTENANCE PROGRAM (SMP) Fort Collins Crack seal program 2017 Streets N Map 23 of 27 W+ E S Legend Crack seal streets Schools City Limits FORT CCAMS•PRESCHOOL A§SdChkPdtj W Lake St BEMNET2 ELEM ENTARY WProsoectl Rd Nit 0 500 1,000 2,000 Feet I I I I I I I I I > W Drake Rd Centre Village West CS Revised January 11, 2017 City of STREET MAINTENANCE PROGRAM (SMP) Fort Collins Crack seal program 2017 streets N Map 24 of 27 WV QArE S Legend Crack seal streets © Schools City Limits __-- -- - JOHNSON ELEMENTARY WEBBER � � MIDDLE � --' SCHOOL• 1� i " O c rr W W Harmony Rd INGE Ivry 3E j /MCGRAW ____ ,ELEMENTARY c, ,a a� S. i are Dr I' Hillsdale or ` r L I rdwalko, m \ W Boa rdwalk D �I Jc Kennel E Troi tman PkH �5W Troutman Pkwy— O y til °1 E Harmor Rd J 0 750 1,500 3,000 Feet W Harmony CS L 1 I I II Ili lI Revised January 11, 2017 City of STREET MAINTENANCE PROGRAM (SMP) Flirt Collins Crack seal program 2017 �•� streets NMap 25 of 27 W+E S Legend Crack seal streets Schools City Limits 850 1,700 3,400 Feet W Mulberry CS Revised January 11, 2017 City of STREET MAINTENANCE PROGRAM (SMP) Flirt Collins Crack seal program 2017 streets NA Map 26 of 27 W V//�-nE �S Legend Crack seal streets i3Schools City Limits o` ao. c �m Wagon O Trail Rd F iSw��Qhb Fa na ec4 c'° O` cQ1� �Jc c C \ 9r C, Tiy���r j 0 300 600 1,200 Feet Waterglen CS 11 I I I I I I I Revised January 11, 2017 0 rD OD 0 ru CID LI 6 Rosecrown Ct o° Durango,,,, a 3 o ,c 3 Granby Ct Hollyhock St I Goldenridge Way Dillon Way I.m m S r' � m m a a �67 3D,puelPpOM � '90,. . = Waterleaf Ct JQ etepsutH o Hibiscus St 7D �epsuiH � I m v ! i Goshawk Dr ii f N $ ( PrA__t !(�� Beaver Creek Dr G� d na�a�'e 01 Fall River Dr Lost i' Creek Ct / Snow Ridge. Cir F 0 ° m x Moss Creek Dr m Flatiron m Ct m o 0 ' w g o- � 3' � Wolf Creek Ct C Z, a^ a Table Mountain Pl Goldeneye Dr to y Manhattan Ave Manhattan Ave TM +z m in Z1 m m D Z m 0Z D 0 Z ;pz* 0 fn m CD -� v O O � to N � � v O � N � � —4— c 0 c v au L C 4 N � > U O d bD :3 LL 7 C Cl0 bD c ++ co G i c d O ,_, U 0 0_ O -p 40 U O d -a ra c ro +J 4-1I C o N ro — c c aj au o O U c (U d E 0 j c Lu O ' N O L LU X N � ri (O d N lD a 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. Date License Number (If (Sea[ - if Bid is by corporation) "Mir,J,Ll Telephone s Email '/f / /n i. /.•��� L i I W-M soa sw CONTENTS 1.0 Introduction 1 1.1 Title 1 1.2 Purpose of Manual 1 1.3 Applicability 1 1.4 Definitions 2 2.0 Fugitive Dust and the Problems it Causes 5 2.1 What is Fugitive Dust Generally? 5 2.2 Why is the City Addressing Fugitive Dust? 5 2.3 Health and Environmental Effects 6 2.4 Nuisance and Aesthetics 6 2.5 Safety Hazard and Visibility 6 3.0 Best Management Practices 7 3.1 Earthmoving Activities 8 3.2 Demolition and Renovation 10 3.3 Stockpiles 12 3.4 Street Sweeping 14 3.5 Track -out / Carry -out 15 3.6 Bulk Materials Transport 16 3.7 Unpaved Roads and Haul Roads 18 3.8 Parking Lots 20 3.9 Open Areas and Vacant Lots 22 3.10 Saw Cutting and Grinding 24 3.11 Abrasive Blasting 16 3.12 Mechanical Blowing 28 4.0 Dust Control Plan for Land Development Greater Than Five Acres 30 5.0 Resources 34 5.1 Cross Reference to Codes, Standards, Regulations, and Policies 34 5.2 City of Fort Collins Manuals and Policies 37 5.3 References for Dust Control 37 Page i 1.0 Introduction 1.1 Title The contents of this document shall be known as the Dust Prevention and Control Manual ("the Manual"). 1.2 Purpose of Manual The purpose of the Manual is to establish minimum requirements consistent with nationally recognized best management practices for controlling fugitive dust emissions and to describe applicable best management practices to prevent, minimize, and mitigate off -property transport or off -vehicle transport of fugitive dust emissions for specific dust generating activities and sources. 1.3 Applicability This Manual applies to any person who conducts, or is an owner or operator of, a dust generating activity or source, as described in this Manual, within the City of Fort Collins. Page 1 1.4 Definitions Abrasi shall mean a process to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Additional best management practice shall mean using at least one additional measure if the required best management practices are ineffective at preventing off -property transport of particulate matter. Additional requirements shall mean when applicable, any measure that is required, e.g., a dust control plan when project sites are over 5 acres in size. Best manogement practice shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air. Bulk materials transport shall mean the carrying, moving, or conveying of loose materials including, but not limited to, earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate, dirt, mud, construction or demolition debris, and other organic or inorganic material containing particulate matter onto a public road or right-of-way in an unenclosed trailer, truck bed, bin, or other container. shall mean the application of chemicals used to bind soil particles or increase soil moisture content, including, but not limited to, dust suppressants, palliatives, tackifiers, surfactants, and soil stabilizers. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant - based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. shall mean the Fort Collins City Code, as amended from time to time. measure shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air, including but not limited to the best management practices identified in this Manual. Dust generating activity or source° shall mean a process, operation, action, or land use that creates emissions of fugitive dust or causes off -property or off -vehicle transport. Dust generating activity or source shall include a paved parking lot containing an area of more than one half (1/2) acre. shall mean any process that involves land clearing, disturbing soil surfaces, or moving, loading, or handling of earth, dirt, soil, sand, aggregate, or similar materials. Fugitive dust shall mean solid particulate matter emitted into the air by mechanical processes or natural forces but is not emitted through a stack, chimney, or vent Page 2 Local wind speed shall mean the current or forecasted wind speed for the Fort Collins area as measured at the surface weather observation station KFNL located at the Fort Collins Loveland Municipal Airport or at Colorado State University's Fort Collins or Christman Field weather stations or as measured onsite with a portable or hand-held anemometer. The City will use anemometers whenever practicable. ii:�rt shall mean the speed limit on public rights -of -way adopted by the City pursuant to Fort Collins Traffic Code adopted pursuant to City Code Section 28-16 For private roadways, a speed limit shall be established as appropriate to minimize off -site transportation of. Mechanical blower shall mean any portable machine powered with an internal combustion or electric -powered engine used to blow leaves, clippings, dirt or other debris off sidewalks, driveways, lawns, medians, and other surfaces including, but not limited to, hand-held, back- pack and walk -behind units, as well as blower - vacuum units. Off -property transport shall mean the visible emission of fugitive dust beyond the property line of the property on which the emission originates or the project boundary when the emission originates in the public right-of-way or on public property. Off=vehicle transport shall mean the visible emission of fugitive dust from a vehicle that is transporting dust generating materials on a public road or right-of-way. On -toot local exhaust ventilation shall mean a vacuum dust collection system attached to a construction tool that includes a dust collector (hood or shroud), tubing, vacuum, and a high efficiency particulate air (HEPA) filter. On -tool wet dust suppression shall mean the operation of nozzles or sprayers attached to a construction tool that continuously apply water or other liquid to the grinding or cutting area by a pressurized container or other water source. L: o �(11 shall mean any area of undeveloped land greater than one-half acre that contains less than 70 percent vegetation. This includes undeveloped lots, vacant or idle lots, natural areas, parks, or other non-agricultural areas. Recreational and multi -use trails maintained by the City are not included as an open area. Operator or owner shall mean any person who has control over a dust generating source either by operating, supervising, controlling, or maintaining ownership of the activity or source including, but not limited to, a contractor, lessee, or other responsible party of an activity, operation, or land use that is a dust generating activity or source. Particulate matter shall mean any material that is emitted into the air as finely divided solid or liquid particles, other than uncombined water, and includes dust, smoke, soot, fumes, aerosols and mists. Required best management practices shall mean specific measures that are required to be implemented if a dust generating activity is occurring. Sensitive area shall mean a specific area that warrants special protection from adverse impacts due to the deposition of fugitive dust, such as natural areas (excluding buffer zones), sources of water supply, wetlands, critical wildlife habitat, or wild and scenic river corridors. S01;1 7'ctr, shall mean the stabilization of disturbed surface areas that will remain exposed and inactive for 30 days or more or while vegetation is being established using mulch, compost, soil mats, or other methods. Page 3 Stuck'Wh, shall mean any accumulation of bulk materials that contain particulate matter being stored for future use or disposal. This includes backfill materials and storage piles for soil, sand, dirt, mulch, aggregate, straw, chaff, or other materials that produce dust. Storm drainage facilit'v shall mean those improvements designed, constructed or used to convey or control stormwater runoff and to remove pollutants from stormwater runoff after precipitation. Surface roughenint3 shall mean to modify the soil surface to resist wind action and reduce dust emissions from wind erosion by creating grooves, depressions, ridges or furrows perpendicular to the predominant wind direction using tilling, ripping, discing, or other method. _S,'—whr.r 0,' n-— shall mean the installation of a temporary cover material on top of disturbed soil surfaces or stockpiles, such as tarps, plastic sheeting, netting, mulch, wood chips, gravel or other materials capable of preventing wind erosion. i'rrck ;r:ri shall mean the carrying of mud, dirt, soil, or debris on vehicle wheels, sides, or undercarriages from a private, commercial, or industrial site onto a public road or right-of- way. VegPtntion shall mean the planting or seeding of appropriate grasses, plants, bushes, or trees to hold soil or to create a wind break. All seeded areas must be mulched, and the mulch should be adequately crimped and or tackified. If hydro -seeding is conducted, mulching must be conducted as a separate, second operation. All planted areas must be mulched within twenty- four (24) hours after planting. Wet suppression shall mean the application of water by spraying, sprinkling, or misting to maintain optimal moisture content or to form a crust in dust generating materials and applied at a rate that prevents runoff from entering any public right-of-way, storm drainage facility or watercourse. n r ;. shall mean an obstruction at least five feet high erected to assist in preventing the blowing of fugitive dust, comprised of a solid board fence, chain link and fabric fence, vertical wooden slats, hay bales, earth berm, bushes, trees, or other materials installed perpendicular to the predominant wind direction or upwind of an adjacent residential, commercial, industrial, or sensitive area that would be negatively impacted by fugitive dust. Page 4 2.0 Fugitive Dust and the Problems it Causes 2.1 What is Fugitive Dust, Generally? Dust, also known as particulate matter, is made up of solid particles in the air that consist primarily of dirt and soil but can also contain ash, soot, salts, pollen, heavy metals, asbestos, pesticides, and other materials. "Fugitive" dust means particulate matter that has become airborne by wind or human activities and has not been emitted from a stack, chimney, or vent. The Colorado Department of Public Health and Environment (CDPHE) estimates that more than 4,300 tons of particulate matter are emitted into the air in Larimer County annually. The primary sources of this particulate matter include construction activities, paved and unpaved roads, and agricultural operations. The quantity of dust emitted from a particular activity or area and the materials in it can depend on the soil type (sand, clay, silt), moisture content (dry or damp), local wind speed, and the current or past uses of the site (industrial, farming, construction). 2.2 Why is the City Addressing Fugitive Dust? Colorado state air regulations and Larimer County air quality standards generally require owners and operators of dust generating activities or sources to use all available and practical methods that are technologically feasible and economically reasonable in order to prevent fugitive dust emissions. However, state regulations and permitting requirements typically apply to larger stationary sources rather than to activities that generate dust. Larimer County fugitive dust standards apply only to land development. Although state and county requirements apply to many construction activities, they do not address many sources of dust emissions. Fort Collins is experiencing rapid growth and development that has contributed to local man-made dust emissions. Page 5 2.3 Health and Environmental Effects Dust particles are very small and can be easily inhaled. They can enter the respiratory system and increase susceptibility to respiratory infections, and aggravate cardio-pulmonary disease. Even short-term exposure to dust can cause wheezing, asthma attacks and allergic reactions, and may cause increases in hospital admissions and emergency department visits for heart and lung related diseases. Fugitive dust emissions can cause significant environmental impacts as well as health effects. When dust from wind erosion or human activity deposits out of the air, it may impact vegetation, adversely affect nearby soils and waterways, and cause damage to cultural resources. Wind erosion can result in the loss of valuable top soil, reduce crop yields, and stunt plant growth. According to the Environmental Protection Agency (EPA), studies have linked particulate matter exposure to health problems and environmental impacts such as: •Health Impacts: o Irritation of the airways, coughing, and difficulty breathing o Reduced lung function and lung cancer o Aggravated asthma and chronic bronchitis o Irregular heartbeat and increases in heart attacks -Environmental Impacts: o Haze and reduced visibility o Reduced levels of nutrients in soil 2.4 Nuisance and Aesthetics Dust, dirt and debris that become airborne eventually settle back down to the surface. How far it travels and where it gets deposited depends on the size and type of the particles as well as wind speed and direction. When this material settles, it can be deposited on homes, cars, lawns, pools and ponds, and other property. The small particles can get trapped in machinery and electronics causing abrasion, corrosion, and malfunctions. The deposited dust can damage painted surfaces, clog filtration systems, stain materials and cause other expensive clean-up projects. 2.5 Safety Hazard and Visibility Blowing dust can be a safety hazard at construction sites and on roads and highways. Dust can obstruct visibility and can cause accidents between vehicles and bikes, pedestrians, or site workers. Dust plumes can also decrease visibility across a natural area or scenic vistas. The "brown cloud", often visible along the Front Range during the winter months, and the brilliant red sunsets that occur are often caused by particulate matter and other pollutants in the air. Page 6 3.0 Best Management Practices This Manual describes established best management practices for controlling dust emissions that are practical and used in common practice to prevent or mitigate impacts to air quality from dust generating activities and sources occurring within Fort Collins. The objective of the dust control measures included in this Manual are to reduce dust emissions from human activities and to prevent those emissions from impacting others and are based on the following principles: P c- uml —avoid creating dust emissions through good project planning and modifying or replacing dust generating activities. „i1; —reduce dust emissions with methods that capture, collect, or contain emissions. riicrcr!e — when preventing fugitive dust or minimizing the impacts are not feasible, the Manual provides specific measures to mitigate dust. More specifically, the Manual establishes the following procedures for each dust generating activity outlined in this Chapter: 1. Required Best Management Practices — this section includes the specific measures that are required to be implemented if the dust generating activity is occurring. For example, high wind restrictions (temporarily halting work when wind speeds exceed 30 mph) are required best management practices for earthmoving, demolition/renovation, saw cutting or grind, abrasive blasting, and leaf blowing. 2. Additional Best Management Practices — this section includes additional measures if the required best management practices are ineffective at preventing off -property transport of particulate matter. At least one of the additional best management practices outlined in the Manual must be implemented on the site to be in compliance with the Manual. 3. Additional Requirements — When applicable, additional measures are also required, e.g., a dust control plan when project sites are over 5 acres in size. Page 7 3.1 Earthmoving Activities mini•^\ �+.r.sti �_ � _. �,1 ,' - u _ - .. .. 'psi-• a`_-r.. �i^�• Above: This figure illustrates earthmoving, which is an activity that can generate dust. Dust emissions from earthmoving activities depend on the type and extent of activity being conducted, the amount of exposed surface area, wind conditions, and soil type and moisture content, including: • Site preparation (clearing, grubbing, scraping) • Road construction • Grading and overlot grading • Excavating, trenching, backfilling and compacting • Loading and unloading dirt, soil, gravel, or other earth materials • Dumping of dirt, soil, gravel, or other earth materials into trucks, piles, or receptacles • Screening of dirt, soil, gravel, or other earth materials Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Minimize disturbed area: plan the project or activity so that the minimum amount of disturbed soil or surface area is exposed to wind or vehicle traffic at any one time. (ii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate to mitigate off -property transport of dust entrained by vehicles. (iii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (iv) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (v) Restrict access: restrict access to the work area to only authorized vehicles and personnel. Page 8 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors (b) Additional Best Management Practices: In the event 3.1(a)(i)-(v) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to disturbed soil surfaces, backfill materials, screenings, and other dust generating operations as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, stormwater drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (iii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iv) Surface roughening: stabilize an active construction area during periods of inactivity or when vegetation cannot be immediately established. (v) Synthetic or natural cover: install cover materials during periods of inactivity and properly anchor the cover. (vi) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established. (vii) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (c) Additional requirements: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source at a construction site or land development project with a total disturbed surface area equal to or greater than five (5) acres also shall implement the following measures: (i) Dust Control Plan: submit a plan that describes all potential sources of fugitive dust and methods that will be employed to control dust emissions with the development construction permit application or development review application (see Chapter 4 of this Manual). A copy of the Dust Control Plan must be onsite at all times and one copy must be provided to all contractors and operators engaged in dust generating activities at the site. (ii) Construction sequencing: include sequencing or phasing in the project plan to minimize the amount of disturbed area at any one time. Sites with greater than 25 acres of disturbed surface exposed at any one time may be asked to provide additional justification, revise the sequencing plan, or include additional best management practices. Page 9 3.2 Demolition and Renovation Above: This photo illustrates restricting access (a mandatory measure) and a wind barrier (an engineering control) for demolition and renovation activities. Dust generated from demolition activities may contain significant levels of silica, lead, asbestos, and particulate matter. Inhalation of silica and asbestos is known to cause lung cancer, and exposure to even small quantities of lead dust can result in harm to children and the unborn. In addition to complying with the dust control measures below, any person engaged in demolition or renovation projects must comply with applicable state and federal regulations for asbestos and lead containing materials and notification and inspection requirements under the State of Colorado Air Quality Control Commission's Regulation No. 8, Part B Control of Hazardous Air pollutants. Best AlanRgement Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts demolition or renovation that is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Asbestos and lead containing materials: demolition and renovation activities that involve asbestos or lead containing materials must be conducted in accordance with Code Chapter 5 Sec. 5-27 (59) §3602.1.1; (ii) Restrict access: restrict access to the demolition area to only authorized vehicles and personnel; (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport; and (iv) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. Page 10 (b) Additional Best Management Practices: In the event 3.2(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to demolished materials or pre -wet materials to be demolished as necessary. Prevent water used for dust control from entering any public right-of- way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers to demolished materials or materials to be demolished using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Wind barrier: construct a fence or other type of wind barrier to prevent onsite dust generating materials from blowing offsite. (c) Additional requirements: (i) Building permit compliance: comply with all conditions and requirements under any building required pursuant to the Code and/or the Land Use Code. Above: This photo illustrates reducing drop height, a mandatory measure. Page 11 3.3 Stockpiles Above: This photo illustrates wet suppression, on engineering control for stockpiles. Stockpiles are used for both temporary and long-term storage of soil, fill dirt, sand, aggregate, woodchips, mulch, asphalt and other industrial feedstock, construction and landscaping materials. Fugitive dust can be emitted from stockpiles while working the active face of the pile or when wind blows across the pile. The quantity of emissions depends on pile height and exposure to wind, moisture content and particle size of the pile material, surface roughness of the pile, and frequency of pile disturbance. Best Manayrn• of Uu; (a) Required Best Management Practices: Any owner or operator of a stockpile that is a dust generating activity or source shall implement the following best management practices to prevent off property transport of fugitive dust emissions: (i) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.3(a)(i) is ineffective to prevent off -property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: Apply water to the active face when working the pile or to the entire pile during periods of inactivity. Prevent water used for dust control from entering any public right- of-way, storm drainage facility, or watercourse. (ii) Synthetic or natural cover: install cover materials during periods of inactivity and anchor the cover. Page 12 (iii) Surface roughening: stabilize a stockpile during periods of inactivity or when vegetation cannot be immediately established. (iv) Stockpile location: locate stockpile at a distance equal to ten times the pile height from property boundaries that abut residential areas. (v) Vegetation: seed and mulch any stockpile that will remain inactive for 30 days or more. (vi) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (vii) Enclosure: construct a three -sided structure equal to or greater than the height of the pile to shelter the pile from the predominant winds. (c) Additional requirements: (i) Stockpile permit compliance: comply with all conditions and requirements under any stockpile permit required under the Code or the r Land Use Code. (ii) Erosion control plan compliance: implement and comply with all conditions and requirements in Section §26-500 "Fort Collins Storm Criteria"; specifically, Volume 3 Chapter 7 "Construction BMPs". The criteria requirement may require the use of Erosion Control Materials, soil stockpile height limit of ten feet, watering, surface roughening, vegetation, silt fence and other control measures as contained in that chapter. Left: This picture illustrates one of the additional best management practices for stockpiles - to use a synthetic cover. Page 13 3.4 Street Sweeping Left: This figure illustrates the use of a wet suppression and vacuum system, an additional best management practice for street sweeping. Street sweeping is an effective method for removing dirt and debris from streets and preventing it from entering storm drains or becoming airborne. Regenerative air sweepers and mechanical sweepers with water spray can also be effective at removing particulate matter from hard surfaces. (a) Required Best Management Practices: Any owner or operator that conducts sweeping operations or services on paved or concrete roads, parking lots, rights -of -way, pedestrian ways, plazas or other solid surfaces, and whose operations are a dust generating activity or source shall implement all of the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Uncontrolled sweeping prohibited: the use of rotary brushes, power brooms, or other mechanical sweeping for the removal of dust, dirt, mud, or other debris from a paved public road, right-of-way, or parking lot without the use of water, vacuum system with filtration, or other equivalent dust control method is prohibited. Mechanical or manual sweeping that occurs between lifts of asphalt paving operations is excluded from this prohibition, due to engineering requirements associated with these operations. (b) Additional Best Management Practices: In the event 3.4(a)(i) is ineffective to prevent off -property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: use a light spray of water or wetting agent applied directly to work area or use equipment with water spray system while operating sweeper or power broom. Prevent water used for dust control from entering any storm drainage facility or watercourse. (ii) Vacuum system: use sweeper or power broom equipped with a vacuum collection and filtration system. (iii) Other method: use any other method to control dust emissions that has a demonstrated particulate matter control efficiency of 80 percent or more. Page 14 Above: This figure illustrates an installed grate (left) and a gravel bed (right), both of which are additional best management practices associated with track-out/carry-out. Mud, dirt, and other debris can be carried from a site on equipment's wheels or undercarriage onto public roads. When this material dries, it can become airborne by wind activity or when other vehicles travel on it. This is a health concern and can cause visibility issues and safety hazards. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of any operation that has the potential to result in track -out of dirt, dust, or debris on public roads and rights -of -way and whose operation is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Contracts and standards: comply with track -out prevention requirements and construction best management practices as set forth in the Code, City regulations, or policies and as specified in applicable contract documents or Fort Collins Stormwater Criteria Manual. (ii) Remove deposition: promptly remove any deposition that occurs on public roads or rights - of -way as a result of the owner's or operator's operations. Avoid over -watering and prevent runoff into any storm drainage facility or watercourse. (b) Additional Best Management Practices: In the event 3.5(a)(i)-(ii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Install rails, pipes, grate, or similar track -out control device. (ii) Install a gravel bed track -out apron that extends at least 50 feet from the intersection with a public road or right-of-way. (iii) Install gravel bed track -out apron with steel cattle guard or concrete wash rack. (iv) Install and utilize on -site vehicle and equipment washing station. (v) Install a paved surface that extends at least 100 feet from the intersection with a public road or right-of-way. (vi) Manually remove mud, dirt, and debris from equipment and vehicle wheels, tires and undercarriage. Page 15 3.6 Bulk Materials Transport Above: This figure illustrates covered loads, a required best management practice for bulk materials transport. Haul trucks are used to move bulk materials, such as dirt, rock, demolition debris, or mulch to and from construction sites, material suppliers and storage yards. Dust emissions from haul trucks, if uncontrolled, can be a safety hazard by impairing visibility or by depositing debris on roads, pedestrians, bicyclists, or other vehicles. 1-"es! IAIfIao'gr'menN Tvocli( `� Its of LlUht (a) Required Best Management Practices: Any owner or operator of a dust generating activity or source for which vehicles used for transporting bulk materials to and from a site within the City on a public or private road or on a public right-of-way shall prevent off -vehicle transport of fugitive dust emissions. To prevent off -vehicle transport of fugitive dust to and from the site, the owner or operator shall implement the following measures: (i) Cover Loads: Loads shall be completely covered or all material enclosed in a manner that prevents the material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle. This includes the covering of hot asphalt and asphalt patching material with a tarp or other impermeable material. (ii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.6(a)(i)-(ii) are ineffective to prevent off - vehicle transport, the person, owner, or operator shall use at least one of the following best management practices: Page 16 (i) Wet suppression: apply water to bulk materials loaded for transport as necessary to prevent fugitive dust emissions and deposition of materials on roadways. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Other technology: use other equivalent technology that effectively eliminates off -vehicle transport, such as limiting the load size to provide at least three inches of freeboard to prevent spillage. Above: This figure illustrates minimizing drop heights, a required best management practice for bulk materials transport. Page 17 3.7 Unpaved Roads and Haul Roads Above: This figure illustrates surface improvements on on unpaved rood, an additional best management practice. Road dust from unpaved roads is caused by particles lifted by and dropped from rolling wheels traveling on the road surface and from wind blowing across the road surface. Road dust can aggravate heart and lung conditions as well as cause safety issues such as decreased driver visibility and other safety hazards. Best Mancrgernent Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an unpaved road located on a construction site greater than five acres on private property or an unpaved road used as a public right- of-way shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (ii) Restrict access: restrict travel on unpaved roads by limiting access to only authorized vehicle use. (b) Additional Best Management Practices: In the event 3.7(a)(i)-(ii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to unpaved road surface as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. Page 18 City of Fort Collins Purchasing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8457: Crack Seal & Fill Project OPENING DATE: 3:00 PM (Our Clock) February 8. 2017 Financial Services Purchasing Division 215 N. Mason St. 2ntl Floor PO Box 580 Fort Collins. CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed as follows: 1. No changes to the Bid document. Microsoft Excel version of the Bid Schedule has been uploaded for your convenience. 2. Question & Answer Question: Does Bid Alternate 2 pricing include material? Answer: No, the City will purchase all materials. Please contact Gerry Paul. Purchasing Director at (970) 221-6779 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. AJdercun 1 - Page 1 of 1 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Waterhouse. Inc dba A!I Pro Pavement as Principal, and Contractors Bonding and Insurance Company as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ Five percent of amount b:d for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter Into a Construction Agreement for the construction of Fort Collins Project, 8457 Crack Seal & Fill Project. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed In accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. (iii) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iv) Access road location: locate site access roads away from residential or other populated areas. Above: This figure illustrates wet suppression, an additional best management practice for unpaved or haul roads. Page 19 3.8 Parking Lots Above: This figure illustrates an unpaved parking lot in Fort Collins. This section applies to paved and unpaved areas where vehicles are parked or stored on a routine basis and includes parking areas for shopping, recreation, or events; automobile or vehicle storage yards; and animal staging areas. Rest .11aI)fgjelll(J!! I i ut lit i' :Y t-V7',; Zi (Hloj"t 6eCO f' li t:ol"i i.oI5; (a) Required Best Management Practices: Any owners or operator of an unpaved parking lot greater than one-half acre shall use at least one of the following best management practices to prevent off - property transport of fugitive dust emissions (i) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (ii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break (iii) Wet suppression: apply water as necessary and appropriate considering current weather conditions to prevent off -property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (iv) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (v) Wind barrier: construct a fence or other type of wind barrier. (vi) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. Page 20 (vii) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. (a) Required Best Management Practices: An owner or operator of a paved parking lot greater than one-half acre and shall use at least one of the following best management practices to prevent off - property transport of fugitive dust emissions. (i) Maintenance: repair potholes and cracks and maintain surface improvements. (ii) Mechanical sweeping: Sweep lot with a vacuum sweeper and light water spray as necessary to remove dirt and debris. Avoid overwatering and prevent runoff from entering any public right-of-way, storm drainage facility, or watercourse. (iii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (iv) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Above: This photo represents improving the surface of a parking area, which is one measure to comply with the Manual. Page 21 3.9 Open Areas and Vacant Lots Above: These photos illustrate open areas in Fort Collins, which have the potential to generate dust. Open areas are typically not a significant source of wind-blown dust emissions if the coverage of vegetation is sufficient or soil crusts are intact. However, if soils in open areas are disturbed by vehicle traffic, off -highway vehicle use, bicycling or grazing, or if they have become overpopulated by prairie dogs, dust emissions can become a problem. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an open area greater than one-half acre shall use at least one of the following best management practices to stabilize disturbed or exposed soil surface areas that are intended to or remain exposed for 30 days or more and to prevent off - property transport of fugitive dust emissions: (i) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (ii) Synthetic or natural cover: install cover materials over exposed areas during periods of inactivity and properly anchor the cover. (iii) Surface roughening: stabilize an exposed area during periods of inactivity or when vegetation cannot be immediately established. (iv) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established, using mulch, compost, soil mats, or other methods. (v) Wet suppression: apply water to disturbed soil surfaces as necessary and appropriate considering current weather to prevent off -property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (vi) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (vii) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any Page 22 product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. Page 23 3.10 Saw Cutting and Grinding Above: This photo illustrates concrete cutting and how the activity can generate dust. Cutting and grinding of asphalt, concrete and other masonry materials can be a significant short-term source of fugitive dust that may expose workers and the public to crystalline silica. Inhalation of silica can cause lung disease known as silicosis and has been linked to other diseases such as tuberculosis and lung cancer. Using additional best management practices during cutting and grinding operations can significantly reduce dust emissions. BC.-! h: Uf10 (j 2111 F:'ii( u'1'at' )Cc'S 1!i (,O i]u !'4;. a (a) Required Best Management Practices: Any person, owner, or operator that cuts or grinds asphalt, concrete, brick, tile, stone, or other masonry materials and whose operations are a dust generating activity or source shall use the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. Follow additional procedures prescribed in the City's Fort Collins Stormwater Criteria Manual or contract documents and specifications. (b) Additional Best Management Practices: In the event 3.10(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: Page 24 (i) On -tool local exhaust ventilation: use a tool -mounted dust capture and collection system. (ii) On -tool wet suppression: use a tool -mounted water application system. (iii) Vacuuming: use a vacuum equipped with a HEPA filter simultaneously with cutting or grinding operations. (iv) Wet suppression: use a water sprayer or hose simultaneously with cutting or grinding operations. (v) Enclosure: conduct cutting or grinding within an enclosure with a dust collection system or temporary tenting over the work area. Above: These photos illustrate how dust generated from cutting can be minimized by applying on -tool wet suppression, an additional best management practice associated with saw cutting and grinding. Page 25 3.11 Abrasive Blasting Above: This photo illustrates abrasive blasting without dust mitigation in place. Abrasive blasting is used to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Abrasive blasting typically generates a significant amount of fugitive dust if not controlled. The material removed during abrasive blasting can become airborne and may contain silica, lead, cadmium or other byproducts removed from the surface being blasted.* Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts outdoor abrasive blasting or indoor abrasive blasting with uncontrolled emissions vented to the outside and whose operations are a dust generating activity or source shall implement all of the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Enclosure: conduct abrasive blasting within an enclosure with a dust collection system or temporary tenting over the work area. Page 26 (ii) Wet suppression blasting: use one of several available methods that mix water with the abrasive media or air during blasting operations. (iii) Vacuum blasting: conduct air -based blasting that uses a nozzle attachment with negative air pressure to capture dust. (iv) Abrasive media: select less toxic, lower dust -generating blasting media. ' Blasting on surfaces that contain lead point or wastes from sand blasting that contain hazardous materials maybe subject to additional state and federal requirements. Above: This photo illustrates wet suppression blasting, an additional best management practice. Page 27 3.12 Mechanical Blowing Above: This photo illustrates mechanical blowing without dust mitigation in place. Mechanical blowers are commonly used to move dirt, sand, leaves, grass clippings and other landscaping debris to a central location for easier pick-up and removal. Mechanical blowing with a leaf blower can be a significant source of fugitive dust in some situations and can create nuisance conditions and cause health effects for sensitive individuals. Mechanical blowing can resuspend dust particles that contain allergens, pollens, and molds, as well as pesticides, fecal contaminants, and toxic metals causing allergic reactions, asthma attacks and exacerbating other respiratory illnesses. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who operates a mechanical leaf blower (gas, electric, or battery -powered) in a manner that is a dust generating activity or source shall use at least one of the following best management practices as necessary to prevent off -property transport of fugitive dust emissions (i) Low speed: use the lowest speed appropriate for the task and equipment. (ii) Operation: use the full length of the blow tube and place the nozzle as close to the ground as possible. (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Alternative method: use an alternative such as a rake, broom, shovel, manually push sweeper or a vacuum machine equipped with a filtration system. (ii) Prevent impact: do not blow dust and debris off -property or in close proximity to people, animals, open windows, air intakes, or onto adjacent property, public right-of-way, storm drainage facility, or watercourse. Page 28 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of February 8 20 17, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Waterhouse, Inc. dba All Pro Pavement Address: 1432 Reeves Drive Fort Collins, CO 526 Title:,t'�d� ATTEST: By: (SEAL) SURETY Contractors Bonding and Insurance Company 26 W. Dry Creek Circle, Suile 600 Littleton, CO 80120 M Title: (SEAL) Co SEAL (iii) Minimize use on dirt: minimize the use of mechanical blower on unpaved surfaces, road shoulders, or loose dirt. (iv) Wet suppression: use a light spray of water, as necessary and appropriate considering current weather conditions, to dampen dusty work areas. Prevent water, dirt, and debris from entering any storm drainage facility, or watercourse. (v) Remove debris: remove and properly dispose of blown material immediately. Above: These photos illustrate alternative methods to mechanical blowing that can minimize dust generation. Page 29 4.0 Dust Control Plan for Land Development Greater Than Five Acres A dust control plan is required for all development projects or construction sites with a total disturbed surface area equal to or greater than five (5) acres. If the project is required to obtain a development construction permit, then the dust control plan shall be submitted with the development review application or the development construction permit application. A copy of the dust control plan shall be available onsite at all times for compliance and inspection purposes. For dust control plans associated with a Development Construction Permit (DCP), applications for the DCP are available online at www.fcaov.com/developmentreview a.pplications.php. The dust control plan may be submitted on the Dust Control Plan Form included in Chapter 4 of this Manual or other equivalent format and shall include the following information: • Project name and location. • Name and contact information of property owner. • Project start and completion dates. • Name and contact information of the developer, general contractor, and each contractor or operator that will be engaged in an earthmoving activity. • Total size of the development project or construction site in acres. • A description of the project phasing or sequencing of the project to minimize the amount of disturbed surface area at any one time during the project. • A list of each dust generating activity or source associated with the project. • A list of each best management practice and engineering control that will be implemented for each dust generating activity or source. • A list of additional best management practices that will be implemented if initial controls are ineffective. • A signed statement from the property owner, developer, general contractor, and each contractor or operator engaged in an earthmoving activity acknowledging receipt of the Dust Control Plan and an understanding of and ability to comply with the best management practices in the plan. Page 30 r City Of FOrI Collins DUST CONTROL PLAN PROJECT INFORMATION Project Name Project Location Start and Completion Dates Total Size of Project Site (acres) Maximum disturbed surface area at any one time (ocres) Property Owner name, address, phone, e-mail Developer name, address, phone, e-mail General Contractor name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail PROJECT PHASING OR SEQUENCING Provide a description of how this project will be phased or sequenced to minimize the disturbed surface area. Attach phasing plan or map if available. Page 31 DUST CONTROL PLAN CERTIFICATION I certify the information and attachments contained in this Dust Control Plan are true and correct to the best of my knowledge and that I and the project's subcontractors have received a copy of this Dust Control Plan and acknowledge my understanding of and ability to comply with best management practices for controlling fugitive dust emissions. I hereby permit City officials to enter upon the property for the purpose of inspection of any dust generating activity or source for which I am the responsible person, owner, or operator. Name: Title: Role on project: Address: Phone: Signature: Date: List of Subcontractors: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Page 32 Instructions: Place an X in each box indicating all best management practices that will be implemented for each dust generating activity. Please refer to the Dust Prevention and Control Manual for requirements. Dust Generating Activity b g Y /Best Management Practice D w o 2 'J 0 vw o v a a° v v 0 F c v O ro 0 0 s z _ M 0 0 o o C.O a cu I av O m m C C m ° Q bo 3 mo m J Abrasive media Asbestos or lead materials Building permit Chemical stabilization Construction sequencing Drop height Enclosure Equipment &work area clean up Erosion Control plan High winds restriction Load cover Leaf blowing techniques Location Minimize disturbed area On -tool local exhaust ventilation On -tool wet suppression Other method Reduce vehicle speeds Remove deposition Restrict access Slurry clean up Soil retention Stockpile permit Surface improvements Surface roughening Sweeping Synthetic or natural cover Track -out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Wind barrier Describe any additional dust generating activities and best management practices that will be used: Page 33 5.0 Resources 5.1 Cross Reference to Codes, Standards, Regulations, and Policies Earthmovine Activities Fort Collins Land Use Code Article 3 General Development Standards §3.2.2 Access, Circulation and Parking. Fort Collins Land Use Code Article 3 General Development Standards §3.4.1(N) Standards for Protection During Construction. Fort Collins Land Use Code Article 3 General Development Standards §3.4.2 Air Quality. Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 23 Public Property §23-16. Permit required; exception in case of emergency. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.5. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-1 Construction Phasing/Sequencing and Fact Sheet EC-1 Surface Roughening. Larimer County Land Use Code §8.11.4. Fugitive dust during construction. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.b Construction Activities. OSHA Safety and Health Regulations for Construction 29 CFR Part 1926.55 Gases, vapors, fumes, dusts, and mists. Demolition and Renovation Fort Collins Land Use Code, Division 2.7 Building Permits §2.7.1 Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Page 34 Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, Regulation Number 8, Part B Control of Hazardous Air Pollutants, 5 CCR 1001-10. Stockpiles Fort Collins Land Use Code, Division 2.6 Stockpiling Permits and Development Construction Permits §2.6.2. Fort Collins Land Use Code §2.6.3 (K) Stockpiling Permit and Development Construction Permit Review Procedures. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.7. Fort Collins Stormwater Criteria Manual - Fact Sheet MM-2 Stockpile Management. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.c Storage and Handling of Materials. Street Sweeping Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual - Fact Sheet SM-7 Street Sweeping and Vacuuming. Track-out/Carry-out Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins Land Use Code §5.2.1 Definitions Maintenance (of a newly constructed street). Fort Collins City Code: Chapter 20— Nuisances, Article V - Dirt, Debris and Construction Waste, §Sec. 20-62. Depositing on streets prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.8. Page 35 Fort Collins Stormwater Criteria Manual — Fact Sheet SM-4 Vehicle Tracking Control. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-7 Street Sweeping and Vacuuming. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a.(ii).(B) General Requirements. Bulk Materials Transport Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.f Haul Trucks. Colorado Revised Statutes. 42-4-1407 Spilling loads on highways prohibited. Unpaved Roads and Haul Roads Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a Roadways and §III.D.2.e Haul Roads. Parking Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Open Areas and Vacant Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Saw Cutting and Grinding Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-12 Paving and Grinding Operations. Page 36 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Section 208.04 Best Management Practices for Stormwater. Abrasive Blasting Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Mechanical (Leaf) Blowing Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. 5.2 City of Fort Collins Manuals and Policies Fort Collins Stormwater Criteria Manual http://www.fcgov.com/utilities/business/builders-and- developers/development-forms-gu ideli nes-regulations/stormwater-criteria City of Fort Collins Parks and Recreation Environmental Best Management Practices Manual 2011, Chapter Four: Best Management Practices for Construction http://www.fcgov.com/parks/pdf/bmp.pdf City of Fort Collins Building Design and Construction Standards, Oct. 2013 http://www.fcpov.corn/opserv/pdf/building-design-standards2.pdf?1390850442 City of Fort Collins, Recommended Species and Application Rates of Perennial Native Upland Grass Seed for Fort Collins, Colorado. City of Fort Collins Plant List, April 2011. 5.3 References for Dust Control Leaf Blowing A Report to the California Legislature on the Potential Health and Environmental Impacts of Leaf Blowers, California Environmental Protection Agency —Air Resources Board, Feb. 2000. http://www.arb.ca.gov/msprog/mailouts/nisc0005/"`nisc0005.pdf Abrasive Blasting Sandblasting and Other Air -based Blasting Fact Sheet, Minnesota Pollution Control Agency, Dec. 2011. Protecting Workers from the Hazards of Abrasive Blasting Materials, OSHA Fact Sheet. California Air Resources Board, Abrasive Blasting Program. http://www.arb.ca.gov/ba/certabr/certabr.htm Page 37 Saw Cutting OSHA Fact Sheet on Crystalline Silica Exposure https://www.osha.gov/OshDoc/data General Facts/crystalline-factsheet pdf State of New Jersey — Dry Cutting and Grinding Fact Sheet http://www.state.ni.us/health/surv/documents/dry cutting.pdf Centers for Disease Control and Prevention - Engineering Controls for Silica in Construction http://www.cdc.,gov/niosh/topics/silica/cutoffsaws.htnil Shepherd-S; Woskie-S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and Environmental Hygiene, 2013 Feb; 10(2):64-70. http://www.cdc.gov/niosh/`nioshtic-2/20042808.html Akbar-Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar-Khanzadeh M, Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene, 2010 Dec;7(12):700-11. http://www.ncbi.nlm.nih.gov/pubmed/210S8155 HSE, On -Tool Controls to Reduce Exposure to Respirable Dusts in the Construction Industry —A Review. Health and Safety Executive, RR926, 2012, Derbyshire, U.K. http://www.hse.gov.uk/research/"rrpdf/rr926.pdf Croteau G, Guffey S, Flanagan ME, Seixas N, The Effect of Local Exhaust Ventilation Controls on Dust Exposures During Concrete Cutting and Grinding Activities. American Industrial Hygiene Association Journal, 2002 63:458- 467 http://deohs.washington.edu/sites/default/files/images/general/CroteauThesis pdf Unpaved Roads, Parking Lots, and Open Areas Dust Control from Unpaved Roads and Surfaces, Code 373, USDA-NRCS, April 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nresl43 025946 pdf CPWA, 2005, Dust Control for Unpaved Roads, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, Canadian Public Works Association. Colorado Forest Road Field Handbook, Colorado State Forest, Editor: Richard M. Edwards, CF; CSFS Assistant Staff Forester, July 2011. Fay L., Kociolek A., Road Dust Management and Future Needs: 2008 Conference Proceedings, Western Transportation Institute, March 2009. Chemical Stabilizers Interim Guidelines on Dust Palliative Use in Clark County, Nevada. Nevada Division of Environmental Protection, Feb. 2001. http://ndep.nv.gov/admin/dustpal.pdf Bolander, Peter, ed. 1999. Dust Palliative Selection and Application Guide. Project Report. 9977-1207- SDTDC. San Dimas, CA: U.S. Department of Agriculture, Forest Service, San Dimas Technology and Development Center. http://www.fs.fed.us/eng/pubs/html/99771207/99771207.html Page 38 .n Ru �i.M 9025 N. Lindbergh Dr. I Pcoria, IL 61615 Phone (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, Don Berndt. iointly or severally in the City of Denver , State of Colorado . as Attomey in Fact, with full power and authonty 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 ( _ S10,000,000.00 , for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal 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 2jild day of Marsh. 2216. State of Illinois Cot NCF'C ., ,'mot,. •"p►ORS _•"''��" SEAL: On this 22nd day of "wh w, 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. 131 �cu "OFFICIAL SEAL" mza, JACQUELINE M 60CKLER uunc COMMISSION EXPIRES alms $ 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 Com��gqny and/or C ntractors Bondin and Insurance Company this am day of F 20 i RLI Insurance Company Notary Public Contractors ondIng and I�nce Company Barton W. Davis Vice President 0575578020212 A0059115 Techniques for Fugitive Dust Control — Chemical Suppressants, City of Albuquerque NM, website last accessed on Oct. 25, 2014. http://www,cabq.gov/airguality/`business-programs-permits/ordinances/fugitive-dust/fugitive-dust- control USDA BioPreferred Catalog: Dust Suppressants http://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml USGS Columbia Environmental Research Center Project: Environmental Effects of Dust Suppressant Chemicals on Roadside Plant and Animal Communities, http://www.cerc.usgs.gov/Promects.aspx?Proiectld=77 Street Sweeping U.S. Department of Transportation, Federal Highway Administration, Stormwater Best Management Practices: Street Sweeper Fact Sheet. http://environ ment.fhwa.dot.-ov/ecosystems/ultraurb/3fs16.asp Agriculture and Livestock Agricultural Air Quality Conservation Measures - Reference Guide for Cropping Systems and General Land Management, USDA-NRCS, Oct. 2012. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/stelprdb1049502.pdf Dust Control from Animal Activity on Open Lot Surfaces, Code 375, USDA-NRCS, Sept. 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025821.pdf Residue and Tillage Management, Reduced Till, Code 345, USDA-NRCS, Dec. 2013. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/stelprdb1251402.pdf Herbaceous Wind Barriers, Code 603, USDA-NRCS, Jan. 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025927.pdf Michalewicz, D. A., J. D. Wanjura, B. W. Shaw, and C. B. Parnell. 2005. Evaluation of sources and controls of fugitive dust from agricultural operations. In Proc. 2005 Beltwide Cotton Conference. http://caanes.tamu.edu/Publication-Particulate%20Matter.litmi Harner J., Maghirang R., Razote E., Water Requirements for Dust Control on Feedlots, from the proceedings of Mitigating Air Emissions From Animal Feeding Operations Conference, May 2008. http://www.extension.o rg/pages/23966/wate r-req ui re me nts-f o r-d ust-contro I -on -feed lots California Air Pollution Control Officers Association Agriculture Clearinghouse http://www.capcoa.org/ag-clearinghouse/ U.S. Department of Agriculture Natural Resources Conservation Service - Nevada, Fugitive Dust: A Guide to the Control of Windblown Dust on Agricultural Lands in Nevada. Jan. 2007. http://www.cdsn.org/imaaes/FugitiveDustGuide v7 201 .pdf Demolition and Renovation Page 39 CDPHE, Demolition and Asbestos Abatement forms and information https://www.colorado.gov/pacific/cdphe/asbestos-forms Earthmoving Activities CDPHE, An Overview of Colorado Air Regulations for Land Development, August 2014 https://www.colorado.gov/pacific/sites/default/files/AP Land -Development -Guidance - Document l.pdf Working With Dirt When the Wind Blows http://www.gradingandexcavation.com/GX/Articles/Working With Dirt When the Wind Blows 5455 .aspx EPA—Stormwater Best Management Practices: Dust Control http://water.epa.gov/polwaste/npdes/swbmp/"Dust-Control.cfm EPA—Stormwater Best Management Practices: Wind Fences and Sand Fences http://water.epa.gov/polwaste/npdes/swbmp/Wind-Fences-and-Sand-Fences cfm EPA—Stormwater Best Management Practices: Construction Sequencing http://water.epa.gov/polwaste/npdes/swbmp/Construction-Sequencing cfm EPA—Stormwater Best Management Practices: Construction Entrances http://water.epa.gov/polwaste/npdes/swbmp/Construction-Entrances cfm An Overview of Colorado Air Regulations for Land Development. Colorado Department of Public Health and Environment —Air Pollution Control Division. https://www.colorado.gov/pacific/sites/default/files/AP Land -Development -Guidance -Document 1 pdf Health Effects of Particulate Matter U.S. Environmental Protection Agency, Integrated Science Assessment for Particulate Matter. EPA/600/R-08/139F Dec. 2009. http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546#Download World Health Organization, Health Effects of Particulate Matter- Policy. 2013 http://www.euro.who.int/ data/assets/pdf file/0006/189051/Health-effects-of-particulate-matter- final-Eng.pdf Preventing Silicosis in Construction Workers, NIOSH http://www.cdc.Rov/niosh/docs/96-112/ General Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013. http://www.maricopa.gov/aq/divisions/compliance/dust/docs/pdf/Rule%20310- Dust%20Handbook. Fugitive Dust Control: Self Inspection Handbook, California Air Resources Board, 2007. http://www.arb.ca.gov/pm/fugitivedust large.pdf WRAP Fugitive Dust Handbook, Western Governors' Association. Sept. 2006. Page 40 Managing Fugitive Dust: A Guide for Compliance with the Air Regulatory Requirements for Particulate Matter Generation, Michigan Department of Environmental Quality. March 2014. Colorado Oil and Gas Conservation Commission, Rules and Regulations, Rule 805 Odors and Dust http://cogcc.state.co.us/ Page 41 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 1 of 2 �.. installed and maintained in accordance with approved design criteria and/or industry standards. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Where feasible, grading activities should be scheduled during dry weather. • Best management practices will be periodically inspected and maintained as necessary. • Waste containment for concrete washout, masonry, paint, trash and other potential pollutants will be available when these activities are being conducted. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Employee Training Train applicable employees who perform new construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform new construction activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial SOP: New Construction SOP, August 2007. Mesa County, Municipal Operations and Maintenance Program, July 2005. Page 2 of 2 0 For More Information Name Address City, State Phone Street, Curb, and Gutter Replacement and Construction Description e-mail Procedures involving the replacement and Possible Pollutants construction of streets, curbs, and gutters have the Fine-grained sediment potential to impact stormwater quality. Materials Organics involved in these activities should be used efficiently Oil and disposed of properly. Saw -cut slurry When services are contracted, this written procedure Trash should be provided to the contractor so they have the Good Housekeeping proper operational procedures. In addition, the contract should specify that the contractor is Dumpster/Waste Management responsible for abiding by all applicable municipal, Employee/Contractor Training state, and federal codes, laws, and regulations. Proper cleanup and disposal procedures Procedures Dry cleaning methods General Related Procedures Obtain all applicable federal, state, and local Spill Prevention and Response permits for construction projects. Street Sweeping The Colorado Stormwater Construction Street Sweeper Cleaning and General permit applies to construction sites Waste disturbing one acre or more, or less than one Street. Curb and Gutter acre but part of a larger common plan of Maintenance development. ■ A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Page 1 of 3 CJ Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and/or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • • Sweep or vacuum the roadway as needed, during construction and once construction is complete. Best management practices will be periodically inspected and maintained as necessary. Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Bridge Construction • Do not transfer or load any materials directly over waterways. Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Work Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. Page 2 of 3 • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Work Control the placement of road base or asphalt used in embankments or shoulder backing; do not allow these materials to fall into any storm drain or watercourses. Whenever possible, recycle asphalt. If recycling is not possible, dispose of as solid waste. Painting and Striping • If possible, schedule painting and striping projects during dry weather. • Use thermoplastic or epoxy markings in place of paint whenever feasible. Use care to prevent splashing or spilling of any liquid material. Follow the 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. Page 3 of 3 For Morelnformation Street, Curb, and Gutter Name Maintenance Address City. State Description Phone Street, curb, and gutter activities include concrete and e-mail asphalt installation, maintenance, repair, and replacement; bridge maintenance; and painting and Possible Pollutants striping. Procedures involving the maintenance of Fine-grained sediment streets, curbs, and gutters have the potential to impact Organics stormwater quality. Materials involved in these oil activities should be used efficiently and disposed of Saw -cut slurry properly. Trash When services are contracted, this written procedure Good Housekeeping should be provided to the contractor so they have the Dumpster/Waste Management proper operational procedures. In addition, the Employee/Contractor Training contract should specify that the contractor is Proper cleanup and disposal responsible for abiding by all applicable municipal, procedures state, and federal codes, laws, and regulations. Dry cleaning methods Procedures Related Procedures General Spill Prevention and Response . Protect storm drain inlets and drains with curb Street Sweeping socks, rock berms, inlet protection, or drain Street Sweeper Cleaning and covers/mats prior to any maintenance activity. Waste • When saw cutting ensure that no slurry enters the storm drain, let the slurry dry, sweep it up, and properly dispose of the sweepings. • Do not perform concrete or asphalt patch work during wet conditions whenever possible. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Monitor equipment for leaks and use drip pans as necessary. • Sweep or vacuum the roadway once maintenance activities are complete. SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: 2. Permanent main office address: /y.3L 3. When organized: ZODO 4. If a corporation, where incorporated: �!a 5. How many years have you been engaged in the contracting business under your present firm or trade name? 9 ! 6. Contracts on hand: (Schedule these, showing the amount of each contract and the 7 appropriate anticipated dates of completion.) General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you?_ If so, where and why? 9. Have you ever defaulted on a contract?. Bridge Maintenance • Do not transfer or load any materials directly over waterways. Secure lids and caps on all containers when on bridges. Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Maintenance Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Maintenance Sweep to minimize sand and gravel from new asphalt from getting into storm drains, streets, and creeks. • Do not allow asphaltic concrete grindings, pieces, or chunks used in embankments or shoulder backing to enter any storm drain or watercourses. Apply temporary perimeter controls. Install silt fence until the structure is stabilized or permanent controls are in place. Whenever possible, recycle broken asphalt. If impossible, dispose of as solid waste. • Drainage inlet structures shall be covered with inlet protection during application of seal coat, tack coat, slurry seal, and/or fog seal. Painting and Striping If possible, schedule painting and striping projects during dry weather. Use thermoplastic or epoxy markings in place of paint whenever feasible. The pre -heater for thermoplastic striping and the melting tanks used during pavement marking must be filled carefully to prevent splashing or spilling of materials. Leave 6 inches at the top of pre -heater and the melting tanks to allow room for material to move and splash when vehicles are deadheaded. Employee Training • Train applicable employees who perform street, curb, and gutter maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter maintenance. Records The following records could be used to document activities performed: Page 2 of 3 • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. Spill Prevention and For More Information Name Response Address City, State Description Phone Due to the type of work and the materials involved, many e-mail activities that occur either at a municipal facility or as part Possible Pollutants of municipal operations have the potential for accidental spills. Some municipal facilities operate under Spill Chemicals Prevention Control and Countermeasures (SPCC) plans Toxics that include procedures for spill response. Proper spill Oil response planning and preparation enables employees and Paint contractors to effectively respond to problems and Fuel minimize the discharge of pollutants to the storm sewer Good Housekeeping system. Waste Management When services are contracted, this written procedure should be provided to the contractor so they have the Employee/Contractor Training proper operational procedures. In addition, the contract Proper cleanup and disposal should specify that the contractor is responsible for procedures abiding by all applicable municipal, state, and federal Related Procedures codes, laws, and regulations. Fertilizer, Pesticide, and Herbicide Application Procedures Heavy Equipment and Vehicle Spill Prevention Maintenance . Keep work areas neat and well organized. Material Storage Materials Management • Maintain a Material Safety Data Sheet (MSDS) for each hazardous chemical. Follow the Outdoor Outdoor Vehicle Maintenance Material Storage procedures. Vehicle Fueling Provide tight fitting lids for all containers. Keep containers clearly labeled. Labels should provide name and type of substance, stock number, expiration date, health hazards, handling suggestions, and first aid information. Store containers, drums, and bags away from direct traffic routes to prevent accidental spills. Inspect storage containers regularly for signs of leaking or deterioration. Replace or repair leaking storage containers. Use care to avoid spills when transferring materials from one container to another. Page 1 of 4 • Use powered equipment or get assistance when moving materials to and from a storage area. Use care to prevent puncturing containers with the equipment. • Do not wash down or hose down any outdoor work areas or trash/ waste container storage areas except where wash water is captured and discharged into the sanitary sewer (if approved). • Conduct periodic inspections to ensure that materials and equipment are being handled, disposed/recycled, and stored correctly. • Provide adequate spill kits or lockers with sufficient equipment and supplies necessary for each work area where the potential for spills or leaks exists. • Inspect each spill kit or locker regularly and after each spill response. Replace any spent supplies or repair any equipment that is worn or not suitable for service. • Stock adequate personal protective equipment. Spill Response Safety Consider safety at all times. Anticipate and avoid all likely hazards. Never approach, contact, or sample an unknown substance. If a highly toxic or flammable substance is discovered, staff should leave the immediate area and contact the appropriate identified response authority, such as the fire department. If there is any question about a substance, contact the appropriate identified response authority or other designated representative. Procedures • Stop the leading edge of the spill. Block or divert the spill to avoid discharge to the storm sewer system and to minimize the area requiring cleanup. • Determine the source of the spill and stop the spill at its source by closing a valve, plugging a leak, or setting a container upright. Transfer material from a damaged container. • Identify the material and volume spilled. Contact the appropriate identified response authority or other designated representative if you cannot identify the material and its properties. • Refer to the MSDS to determine appropriate personal protective equipment, such as gloves and safety glasses and appropriate cleanup methods. • Clean up spills immediately to prevent spreading of wastes by wind, rain, and vehicle traffic and potential safety hazards. • Use sand absorbents or socks, pillows, or pads to quickly capture spilled liquid and properly dispose of all clean-up materials. Use dry clean-up methods only. • Complete all necessary reports. Page 2 of 4 Spill Reporting • A spill of any chemical, oil, petroleum product, or sewage that enters waters of the state of Colorado (that include surface water, ground water, and dry gullies and storm sewers leading to surface water) must be reported immediately to the Colorado Department of Public Health and Environment. • Release of a substance into a storm drain, or onto a parking lot or roadway as part of a storm sewer leading to surface water, is reportable. However, if the material can be contained and cleaned within the storm sewer system to the degree that a subsequent flow in the storm sewer will not flush the substance to waters of the State, it may not need to be reported. • Contact the appropriate identified response authority within the municipality or other designated representative and be prepared to provide details needed to report the spill to the necessary agencies. • Detailed spill reporting guidance can be found at http: / / w,,%•w.cdphe. state.co. us/ op/ wgcc / Resources/ Guidance/ sl2ilIguidance.pdf and httLi://wiNTv✓.cdL)he.state.co.us/hm/sl)ilIsandreleases.htm Employee Training • Train applicable employees who perform spill prevention and response on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform spill prevention and response activities. Records The following records could be used to document activities performed: • Records of any major spills and the action taken. • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Good Housekeeping, No Date. City of Centennial, Department of Public Works: Materials Management, No Date. City of Centennial, Department of Public Works: Spill Prevention and Control, No Date. City of Golden, Stormwater Quality Pollution Prevention Guide for Municipal Operations: Parks Department Golf Course, January 2004. City of Lafayette, Spill Clean Up, No Date. Colorado Department of Public Health and Environment, Environmental Spill Reporting, January 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMP: Spill Response and Prevention, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed July 5, 2009. For More Information Utility and Storm Sewer Name Address System Maintenance City, State Phone Description This procedure addresses utility and storm sewer system e-mail maintenance. Utilities include power, sanitary sewer, Possible Pollutants water conveyance systems, and the storm sewer system. Sediment Power includes electrical and gas utilities. Maintenance Nutrients of power may require excavation and reinstallation of Metals lines including open cut trenching or directional boring Hydrocarbons in landscaped areas or street right of way. Electrical and Trash gas line maintenance ensures services are provided to Good Housekeeping businesses and households without interruption. Waste Management The sanitary sewer system is cleaned as part of routine Employee/Contractor Training maintenance and on an emergency basis. Without proper maintenance, sanitary sewer back-ups and Proper Cleanup and Disposal overflows may occur and can result in potential property Procedures damage and significant health concerns if not properly Related Procedures managed. Heavy Equipment and Vehicle Water conveyance systems are flushed and pressure Maintenance tested as part of routine maintenance. Potable water Parks and Open Space Maintenance systems must be properly maintained to ensure delivery of water that meets State and Federal health standards. Spill Prevention and Response Failures result in water main breaks that can cause Street. Curb, and Gutter property damage including erosion. Replacement and Construction The storm sewer system is cleaned as part of routine Utilities and Storm Sewer maintenance and on an emergency basis in the event of System Replacement and flooding. Maintenance will remove pollutants and Construction ensure the system functions properly to avoid flooding. Vehicle Fueling Flooding, ponding, and uncontrolled sheet flow can result in property damage and increased soil erosion. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Page 1 of 4 Procedures General • Conduct routine inspection and maintenance on utility and storm sewer systems. • Where feasible, schedule maintenance activities during dry weather. • Monitor the jet/vacuum truck closely for leaks and use a drip pan as needed. • Wash and fuel the jet/vacuum truck per the Heavy Equipment/Vehicle Maintenance procedure. • Properly dispose of vac truck contents. • Stay alert for any signs of illicit discharges. This includes "dry weather' flows or pipes or hoses emptying directly into waterways or the storm sewer system. • Report any suspicious discharges or dumping to your supervisor. Electrical and Gas Utility Maintenance • To prevent sediment, mud and particles generated by power utility maintenance from entering the stormwater system implement inlet protection, perimeter control, street sweeping, vehicle tracking control, stockpile management and material management BMPs. • Restore landscaped or hardscaped areas promptly. Potable Water Line Flushing • Remove any debris from the gutter that could wash away with the water. If possible, sweep the flow line before flushing the line. • Direct the water so that it is not flowing over exposed soil areas in order to minimize erosion. Water Line Breaks • Contain spoils by building berms or installing rock socks around the area of disturbance. • Dewater the excavation by using a vac truck. • Discharge high chlorine water to the sanitary sewer via the nearest manhole, to a water truck, through a dechlorinating diffuser, or other method of dechlorination. • Remove sediment from the street, curb, gutter and storm inlets as needed immediately following the repair. • Where needed, install a temporary patch or repave as soon as practicable following the repair. • If necessary, revegetate areas as soon as practicable following the repair. Sanitary Sewer Backup • Clear line stoppage to prevent backup into house basements and manhole overflows. Page 2 of 4 Contain overflows by using emergency generator, pump and/or a vac truck to intercept flows. It may be necessary to construct additional containment. Clean up spills by washing and vacuuming the affected areas. Lime may need to be applied for disinfection of affected areas. Lime must be removed once disinfection is complete. Storm Sewer System Pipes, Catch Basins, Inlet and Outlet Structures, and Culverts Clean storm sewer system by manual cleaning or jetting the pipes using a jet/vacuum truck to remove the material. Do not temporarily store collected storm system cleaning debris adjacent to any surface water, storm drain inlet, or drainageway. Storm sewer system maintenance wastes may be either non -hazardous or hazardous. Solid non -hazardous waste may be disposed in a sanitary landfill or recycled. Liquid non -hazardous waste must be evaporated before disposing of it into the landfill or discharged to the sanitary sewer system with the approval of the local wastewater treatment plant. Hazardous waste, as defined under Colorado Hazardous Waste Regulations (6 CCR 1007-3), must be transported and disposed of at a permitted disposal or treatment facility. Replace or maintain "no dumping" stencils or plaques as necessary. Remove trash from trash racks and grated openings. Detention and Retention Ponds • Inspect the outlet works and remove trash or vegetation from the trash racks and grates. • Inspect side slopes of the pond for erosion and reestablish vegetation as needed. • Remove and service fountains and aerator motors as recommended. • Report any suspected water quality problems such as a change in growth or appearance of vegetation. • Report excessive sediment accumulation, standing water beyond the designed drain down time or damage requiring additional maintenance. Drainageways Drainageways include drainage channels, ditches, grass swales, and washes. Inspect drainageways for erosion and repair if necessary. Remove and properly dispose of trash and debris from the drainageways. Remove sediment which could impede flow in drainageways. Leave an unmown buffer when mowing adjacent to drainageways to filter pollutants. Do not leave grass clippings in or next to the drainageway. Do not apply landscape chemicals in the buffer area. Page 3 of 4 Employee Training • Train applicable employees who perform utility and storm sewer system activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform utility and storm sewer system activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stormwater Drainage Maintenance Plan, February 2008. City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. Optional Additional Resources Municipal codes and ordinances that relate to utility or storm sewer system maintenance. Inspection and maintenance frequency plan for the storm sewer system. Specific instructions on how to operate applicable equipment. Instructions on how to track the amount of debris collected. Treated Water Discharge Plans for potable water maintenance. Page 4 of 4 If so, where and why? 10. Are you debarred by any government agency? /" V If yes list agency name. 11. List the more important projects recently completed by your company, stating the 12. approximate cost of each, and the month and year completed, location and type of construction. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: For More Information Utility and Storm Sewer Name System Replacement and Address City, State Construction Phone e-mail Description This procedure covers utility and storm sewer system Possible Pollutants replacement and construction. Utilities include power, Sediment storm sewer, sanitary sewer, water conveyance systems. Chemicals Organics Trash Good Housekeeping Waste Management Employee/Contractor Training Proper Cleanup and Disposal Procedures Related Procedures Heavy Equipment and Vehicle Maintenance Parks and Open Space Maintenance Spill Prevention and Response Street. Curb, and Gutter Replacement and Construction Utilities and Storm Sewer System Replacement and Construction Vehicle Fueling 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. ■ The Colorado Stormwater Construction General permit applies to construction sites disturbing one acre or more, or less than one acre but part of a larger common plan of development. ■ A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USAGE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Page 1 of 3 Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, sediment control logs, check dams and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and / or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Where feasible, grading activities will be scheduled during dry weather. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. Emergency Repair and Replacement Emergency Discharges are defined as situations in which it is not possible to implement all of the available BMPs due to the uncontrolled nature of the discharge. The primary focus during these events is to identify and mitigate the cause as soon as possible. Clean up of resulting sediment or other pollutants will be performed as soon as practicable following the emergency. Refer to the Spill Prevention and Response procedure for reporting requirements. Page 2 of 3 Employee Training • Train applicable employees who perform utility replacement and construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform utility replacement and construction activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stormwater Drainage Maintenance Plan, February 2008. City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. Page 3 of 3 City of Fort Collins Regulato}}ry and Government Affairs Division City of ForCollins Verification Originator Revised Approved Issued Initials Date LR Oct.09 ss 10119/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater Persons who will use this ESOP: City staff who perform power washing, and their supervisor/manager. 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 location: I:\RGA Division\SOPs\ESOPs Revisions Rev. Date No. Description 001 002 Procedure Index 1.0 Purpose 2.0 Scope 3.0 Process 4.0 Training Requirements 5.0 References/Related Documents 6.0 Records Revision date: 10/19/2009 Page 1 of 3 City of Fort Collins Regulatory and Government Affairs Division Verification Originator FRevised Approved Issued Initials Date LR Oct. 09 ss 10/19/19 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater 1.0 Purpose 1.1 The purpose of this ESOP is to describe the appropriate methods of handling power washing wastewater. 2.0 Scope 2.1 The scope of this ESOP is limited to the description of the allowable methods of the disposal of power washing wastewater and the protection of the storm drainage system; the scope does not include specifics on how to power wash. 3.0 Process 3.1 Power washing wastewater must be prevented from running uncontrolled in the City's storm water system. The system includes streets, inlets, gutters, ponds, creeks, ditches, and the Poudre River. During the power washing activity, ensure the wastewater is controlled by the utilization of the natural slope of the land, or barriers such as inlet covers. Use of barriers on an impermeable surface also requires that the wastewater be vacuumed, collected, and disposed of properly. 3.2 General pollution prevention procedures: A. Use dry methods for surface pre -cleaning, such as using absorbent on small oil spots and sweeping up trash, debris, dirt, and used absorbent before power washing. B. Minimize the amount of water used during power washing activities. C. Avoid using cleaning products that contain hazardous substances (e.g., hydrofluoric acid, muriatic acid, sodium hydroxide, bleach) that can turn wastewater into hazardous waste. 3.3 Prior to power washing, decide on one of the following methods of disposal: D. Landscape --power washing wastewater may be discharged to landscaped areas if the materials used and the material removed are not harmful to vegetation, there is no ponding, and there is no uncontrolled runoff to the stormwater system. E. Wastewater treatment system-- As long as the collected wastewater does not have an oil sheen, has a pH between 5 and 11, and does not contain any hazardous or toxic substances, the wastewater may be disposed of into the City's wastewater treatment system. x If you add anything to the wash water (ie—a cleaning agent) or if you have questions about the content of your power washing wastewater, Revision date: Page 2 of 3 10/19/2009 City of Fort Collins Regulatory and Government Affairs Division City of 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 please contact the industrial pretreatment office at 221-6938. Disposal into the City's wastewater treatment system may be done either by discharging directly to an inside drain, or by pump truck at the Drake wastewater treatment facility. Disposing by pump truck requires a waste hauler's permit, and a 5 cent/gallon fee will be charged. For fee information, or to obtain a permit, contact the industrial pretreatment office at 221-6938. F. Truck the waste to a different waste disposal facility. 3.4 Once wastewater has been collected, visible solids remaining in the collection area must be swept up to prevent future discharges to the storm drain. 3.5 A sewer manhole cover may not be removed for disposal to the wastewater system. 3.6 If you are working in an area that is serviced by a neighboring wastewater district, such as South Fort Collins Sanitation or Boxelder, it is necessary to contact that district's industrial pretreatment coordinator before discharging to their system. 4.0 Training Requirements 4.1 The training requirement associated with this procedure is knowledge of the proper management of power washing wastewater. 5.0 References / Related Documents 5.1 http://www.cdphe.state.co.us/wq/PermitsUnit/PolicyandGuidance/powerwash pdf 5.2 I:\RGA division\Illicit Discharge Program\Complaint Calls\pressure washinq\City power washing guidance.pdf 6.0 Records 6.1 The following records could be used to document activities performed: • Records of employee training with sign -in sheet. • List of power washing activities and departments responsible for conducting power washing. Revision date: 10/19/2009 Page 3 of 3 For More Information Vehicle Fueling Name Description Address Spills of gasoline and diesel fuel on the ground or on vehicles City. State during fueling can wash into a storm drain and cause water Phone pollution. e-mail When services are contracted, this written procedure should be Possible Pollutants provided to the contractor so they have the proper operational Metals procedures. In addition, the contract should specify that the Hydrocarbons contractor is responsible for abiding by all applicable municipal, Toxins state and federal codes, laws, and regulations. Good Housekeeping procedures Drip pans General Secondary containment . 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 Resvonse 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. For More Information Name Address City, State Phone e-mail Possible Pollutants Metals Toxins Solvents (degreasers, paint thinners, etc.) Antifreeze Brake fluid and brake pad dust Battery acid Motor oil Outdoor Fleet Maintenance Description Although it is recommended that fleet maintenance activities be conducted indoors or under cover, it is sometimes necessary to perform fleet maintenance outdoors (e.g., equipment is too large to fit inside the maintenance building, temporary repairs need to be made before the equipment can be moved to the maintenance building, breakdowns, service calls). Some potential pollutants typically associated with outdoor fleet maintenance activities include oil, antifreeze, brake fluid and cleaner, solvents, batteries, and fuels. Consult the Spill Prevention and Response procedure and the Vehicle Fueling procedure for additional information on those topics. Fuel (gasoline, diesel, kerosene) When services are contracted, this written procedure should be provided to the contractor so they have the Lubricating grease proper operational procedures. In addition, the contract Good Housekeeping should specify that the contractor is responsible for abiding Drip pans by all applicable municipal, state, and federal codes, laws, Tarps and regulations. Covered outdoor storage areas 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 1 of 4 15. Credit available: $ StID A 16. Bank Reference: 0!2& 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General Contractor? If yes, in what city, county and state? What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? AZ If yes, what percent of total contract? And to whom? 20. Are any lawsuits pending against you or your firm at this time? d5-M IF yes, DETAIL 21. What are the limits of your public liability? DETAIL What company? 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. • 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 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 fuels. Antifreeze Brake fluid and brake pad dust When services are contracted, this written procedure should be Battery acid provided to the contractor so they have the proper operational Motor oil procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, Fuel (gasoline, diesel, kerosene) state, and federal codes, laws, and regulations. Lubricating grease Good Housekeeping Procedures Maintenance activities should be performed inside a maintenance Drip pans building unless the equipment is too large to fit inside or Tarps temporary repairs need to be made before the equipment can be Covered outdoor storage areas moved to the maintenance building. Consult the Outdoor Fleet Secondary containment Maintenance procedure when it is necessary to perform repairs Proper disposal of used fluids outside of the facility (breakdowns, service calls, etc.). Spill cleanup materials Vehicle Storage Dry cleanup methods . Monitor vehicles and equipment closely for leaks and Employee training use drip pans as needed until repairs can be Related Procedures performed. Material Storage • When drip pans are used, check frequently to avoid Outdoor Fleet Maintenance overtopping and properly dispose of fluids. Spill Prevention and Response • Drain fluids from leaking or wrecked vehicles and Street Sweeper Cleaning and from motor parts as soon as possible. Dispose of fluids Waste properly. Vehicle Fueling Vehicle Washing Page 1 of 4 Vehicle Maintenance • Conduct routine inspections of heavy equipment and vehicles to proactively identify potential maintenance needs. Perform routine preventive maintenance to ensure heavy equipment and vehicles are operating optimally. Recycle or dispose of all wastes properly and promptly. Do not dump any liquids or other materials outside, especially near or in storm drains or ditches. Sweep and pick up trash and debris as needed. Body Repair and Painting Whenever possible, conduct all body repair and painting work indoors. Use dry cleanup methods such as vacuuming or sweeping to clean up all metal filings, dust, and paint chips from grinding, shaving, and sanding, and dispose of the waste properly. Debris from wet sanding can be allowed to dry overnight on the shop floor, then swept or vacuumed. Never discharge these wastes to the storm or sanitary sewer system. • Minimize waste from paints and thinners by carefully calculating paint needs based on surface area and using the proper sprayer cup size. • Do not use water to control over -spray or dust in the paint booth unless this wastewater is collected. This water should be treated and permission granted by the wastewater treatment plant prior to discharge into the sanitary sewer system. Do not dispose of spray gun cleaner waste in the storm drain. Use sanding tools equipped with vacuum capability (if available) to pick up debris and dust. Material Management Store maintenance materials and waste containers (e.g., used oil and antifreeze) in labeled containers under cover or in secondary containment (e.g., double -walled tanks). Chemicals should not be combined in containers. All hazardous wastes must be labeled and stored according to hazardous waste regulations. • Carefully transfer fluids from collection devices to designated storage areas as soon as possible. Do not store the transferred fluids adjacent to the containers (for example, oil drip pans with used oil in them should not be placed next to the used oil tank). Store new batteries securely to avoid breakage and acid spills. • Store used batteries indoors or in secondary containment to contain potential leaks. Recycle used batteries. Conduct periodic inspections of storage areas to detect possible leaks. Page 2 of 4 • Do not wash or hose down storage areas except where wash water will enter the sanitary sewer as an approved discharge. Use dry clean-up methods whenever possible. • Keep lids on waste barrels and containers, and store them indoors or under cover to reduce exposure to rain. Periodically inspect and maintain all pretreatment equipment, including sumps, separators, and grease traps to ensure proper functioning. Parts Cleaning • Use designated areas for engine, parts, or radiator cleaning. Do not wash or rinse parts outdoors. If parts cleaning equipment is not available, use drip pans or other containment to capture parts cleaning fluids. • Use steam cleaning or pressure washing of parts whenever possible instead of solvent cleaning. • When steam cleaning or pressure washing, only discharge wastewater to an oil/water separator connected to the sanitary sewer. • When using solvents to clean parts, rinse and drain parts over the designated solvent tank so that fluids will not drip or spill onto the floor. Use drip boards or pans to catch excess solutions and divert them back to the tank. Allow parts to dry over the hot tank. • Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning waste to the sanitary sewer or storm sewer. Vehicle and Equipment Washing • Vehicles should be washed in the municipality's vehicle and equipment wash area/ 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 Noe 3 of 4 References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle and Equipment Storage SOP, August 2007. City of Centennial SOP: Vehicle Maintenance SOP, August 2007. City of Centennial SOP: Vehicle Washing SOP, August 2007. City of Golden. Fleet Maintenance Standard Operating Procedure, July 29, 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Maintenance Repair, March 2009. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Washing, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. Partners for a Clean Environment. Stormwater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. Optional Additional Resources Municipal codes and ordinances that relate to vehicle and equipment maintenance. Chemical purchasing policies. Loading and unloading bulk materials. Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance. Specific directions on how to use the municipality's vehicle wash area. Spill Prevention Control and Countermeasures Plan. Page 4 of 4 Dated at IWIAW this b day of Company: By: Printed: 001) e: State of C61 D r a6 County of )-- V-I AA e r- cii'-C� G�q,�frho being duly sworn deposes and says that he 4,1 (Name) (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of /r r 20_L7 (Seal) �llG� Nobify Public JOE MARE MACASKIU. NOTARY PtMBUC G � {j xQ �2 p STATE OF COLORADO My commission expires: NOTARY 1029161023140 MY COMMISSION EXPIRES DUNE 16 2c20 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 50% of the contract. ITEM SUBCONTRACTOR SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: February 17, 2017 TO: Waterhouse Inc. dba All Pro Pavement PROJECT: 8457 Crack Seal & Fill Project OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated February 6, 2017 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8457 Crack Seal & Fill Project. The Price of your Agreement is Three Hundred Fifty -Seven Thousand One Hundred Twenty - Five Dollars ($357,125.00). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by March 4, 2017. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. OWNER By: Gerry Paul Purchasing CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 17th day of February in the year of 2017 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 Pavement (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 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 8457 Crack Seal & Fill Project and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by the City of Fort Collins Streets Maintenance Program, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may use the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office as a guide. 3.2 The Work shall be Substantially Complete within Two Hundred (200) working 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 Fifteen (15) working days after the date when the Contract Times commence to run. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion. Five Hundred Dollars ($500.00) for each working day or fraction thereof that expires after the Two Hundred (200) working 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 working day or fraction thereof that expires after the Fifteen (15) working 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 Fifty -Seven Thousand One Hundred Twenty -Five Dollars ($357.125.00), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed. and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If . in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER. OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT, Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations.. explorations. tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price. within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: N/A The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due J OWNER A 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. FO OLLINS GERRY PAUL PURCHASING DIRECTOR Date: Attest: vv w City Clerk Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Approved as to Form z /-V'11-� As stant City At rney CONTRACTOR: 0 PRINTED TERHOUSE INC. DBA _PRO PAVEMENT Title: ( l't&Hy -- Date:_ oel7�� (CORPORATE SEAL) Attest: Address for giving notices: License No.: SECTION 00530 NOTICE TO PROCEED Description of Work: 8457 Crack Seal & Fill Project To: Waterhouse Inc. dba All Pro Pavement This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within () calendar days from receipt of this notice as required by the Agreement. Dated this day of 20_ The dates for Substantial Completion and Final Acceptance shall be 20_and _ 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of 20_ CONTRACTOR: Waterhouse Inc. dba All Pro Pavement By: Title: SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. RCB0007553 KNOW ALL MEN BY THESE PRESENTS: that Waterhouse Inc. dba All Pro Pavement 1432 Reeves Drive, Fort Collins, CO 80526 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) Contractors Bonding and Insurance Company (Address) PO Box 3967, Peoria, IL 61612-3967 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 Fifty -Seven Thousand One Hundred Twenty - Five Dollars ($357,125.00) 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 17th day of February in the year of 2017, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8457 Crack Seal & Fill Project., 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. IN WITNESS WHEREQF,4his instrument is executed in three (3) counterparts, each one of which shall be deemed an origfnal, this 21st day of February 2017. IN NCE OF: Principal use Inc., dba All Pro Pavement (Title) (Title) 1432 Reeves Drive (Corporate Seal) _Fort Collins, CO 80526 (Address) IN PRESENCE OF: Other Partners By: By:, IN PRESENCE OF: Surety Contractors /Bonding and Insurancg qpmpany �.,`` pw18 ANDOk 0••w••••G/,�' PO Box 3967 ra •'•oAvoq Peoria IL 61612-3967 (Address) o • L (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement.. If CONTRACTOR is Partnership, all partners should execute Bond. i SECTION 00615 PAYMENT BOND Bond No. RC8007553 KNOW ALL MEN BY THESE PRESENTS: that Waterhouse Inc. dba All Pro Pavement 1432 Reeves Drive, Fort Collins, CO 80526 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Contractors Bonding and Insurance Company (Address) PO Box 3967, Peoria, IL 61612-3967 hereinafter referred to as "the Surety", are held and firmly bound unto'the City of Fort Collins. 300 Laporte Ave.. Fort Collins. Colorado 60522 a (Municipal Corpo'rption) hereinafter referred to as "the OWNER", in the penal sum of Three Hundred Fifty -Seven Thousand One Hundred TwentyFive Dollars ($357,125.00) 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 17th day of February in the year of 2017, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8457 Crack Seal & Fill Project. 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. SECTION 00020 INVITATION TO BID 0 IN WITNESS WHEREQF,othis instrument is executed in three (3) counterparts, each one of which shall be�lenied an original, this 21 st day of February 2017 INZ-R.�SENCE 0F: PH cipa terh All Pro Pavement (Title) ll ) (T1492 Reeves Drive (Corporate Seal) FortCollins, C0.80526 (Address) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety Contractors Bonding an��•f ny m , 41VU By: e pPORq yo PO Box 3967 = SEAL Peoria, It 61612-3967 (Address) (Surety Seal) i� 04 `LL'NOIS SON%%```` NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond, RLI® ckc RR RL Compaq 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 1 Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: W.R. Withrow, Megan A. Brown, Laurie Lewis, Renee Dameron, Don Bemdt, 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 1 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: "AB bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal 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 22nd day of March ZQ1k. s„�au'Illuuu,,,� AAJ •' ° WaAw ,�'% ,,, F ,,,, RLI Insurance Company `,. y�0;. c_t/ oP� •,'Wy��: /� 4 p4�=9 � ,Y J �a g Contractors Bonding sad Insurance Company OpPOR� U • O !"4Q 4 P•.z SEAL r a o-o,, State Of Illinois J •. •,, •'•.... • . 1+, •' 'gcc • �� }' Bartonw.Davis Vice President KuI�a�,,.•� ,� 41 N o%S •• i �'•it Yw d•• ��� County of Peoria J '��, �44tN014 �`� "nit it os� CERTIFICATE On this 22nd day of March 2016 I, the undersigned officer of RLI Insurance Company, and/or before me, a Notary Public, personally appeared Barton W. Davis Contractors Bonding and Insurance Company, each Illinois who being by me duly sworn, acknowledged that he signed the above Power corporations, do hereby certify that the attached Power of Attorney is of Attorney as the aforesaid officer of the RLI Insurance Company and/or in full force and effect and is irrevocable; and furthermore, that the Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attorney, is instrument to be the voluntary act and deed of said corporation. now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Comesny and/or Contractors Bondin and Insurance Company this 2l St day of F 2017. RLI Insurance Company M. Bockler — Notary Public Contrang and Dace Company J17 i 4'.�tJACC, "OFFICIAL SEAL" Barton W. Davis �• Vice President IUELINEM. BOCKLEOMMSSION EXPIRESOIM4M 0575578020212 A0059115 ACO ® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYVYY) �i- 2/21/2017 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 3ELOW. 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). NTACT PRODUCER ME: NAME: Deb Barone Bolder Insurance PHONE (303)449-9595 FAX No: (303)494-7759 800 Jefferson Ave en elece.deb@bolderias.com Louisville CO 80027 _ INSURERA.Cincinnati Insurance Companies INSURED INSURER B Pinnacol Assurance 41190 Waterhouse Inc, INSURERC: DBA: All Pro Sealing and Asphalt INSURER D: 1432 Reeves Drive INSURER E: _ Fort Collins CO 80526 INSURER F: CCIVFRAr;FS r:FRTIFIr]ATF NI IMRFpQ6/17 GL AL WC TTMR AFvl QlfllJ NII IMRPO. 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. INTR TYPE OF INSURANCE ADDL U POLICY NUMBER MMIDOY EFF MIDONYYYI Y EXP LIMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE X l OCCUR PREMISES Ea occurrence $ 300,000 MED E7(P(Any one person) $ 10,000 X EPP0394398 7/7/2016 7/7/2017 PERSONAL B ADV INJURY $ 1,000,000 GEWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ® PRO- � LOC PRODUCTS-COMPIOP AGG $ 2,000,000 Employee Benefits S OTHER AUTOMOBILE LIABILITY OMBINED IN L L I Ea_awdent $ 1,000,000 A X ANY ALTO ALL OWNED SCHEDULED AUTOS AUTOS RNON-OWN EPP0394398 7/7/2016 BODILY INJURY (Par person) 7/7/2017 BODILY INJURY (Per accident ) $ $ HIRED AUTOS AUTOS ED PROPERTY Parr acadeMDAMAGE S $ 5,000 Medical payments X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 3,000,000 S 3,000,000 E A L� CLAIMS -MADE ZPP0394398 7/7/2016 I AGGREGATE 7/7/2017 7 DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN X STATUTE ER E.L. EACH ACCIDENT ANY PROPRIETOR/PARTNERIEXECUTIVE B (Mandatory in NH) ER EXCLUDED? NI (Mandatory l yes, describe under DESCRIPTION OF OPERATIONS below 4163174 4/1/2016 4/1/2017 $ 1,000,000 I 1,_0.00 0OO E 1,000,000 E.L. DISEASE - EAEMPLO E.L. DISEASE -POLICY LIMIT A INLAND MARINE 1 EPP0394398 7/7/2016 7/7/2017 Contractors Equipment $102,525 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Fort Collins is additional insured as respects general and automobile liability. CERTIFICATE HOLDER ediven@fcgov.com City of Fort Collins 300 Laporte Ave Fort Collins, CO 80522 ACORD 25 (2014101) INS025 >ri4rr, 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 (Brent Friesth/DBARON ©1988-2014 A0 The ACORD name and logo are registered marks of ACORD )RD CORPORATION. All rights reserved. SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor I general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8457 Crack Seal & Fill Proiect PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Waterhouse Inc. dba All Pro Pavement CONTRACT DATE: February 17, 2017 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 120 TO: Waterhouse Inc. dba All Pro Pavement 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 Pavement for the City of Fort Collins project, 8457 Crack Seal & Fill Proiect. 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 17, 2017. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: , 20_. Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins. Colorado (OWNER) FROM: Waterhouse Inc. dba All Pro Pavement (CONTRACTOR) PROJECT: 8457 Crack Seal & Fill Project The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished. delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens. including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design. improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work. labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender. if any, and Surety on any labor and material bonds for the project. Signed this day of 20_ CONTRACTOR: WATERHOUSE INC. DBA ALL PRO PAVEMENT Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_, by Witness my hand and official seal. Notary Public My Commission Expires: SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Waterhouse Inc. dba All Pro Pavement PROJECT: 8457 Crack Seal & Fill Project CONTRACT DATE: February 17, 2017 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) 0 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00020 INVITATION TO BID Date: January 14, 2017 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on February 8, 2017, for the Crack Seal & Fill Project; BID NO. 8457. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 8457. The Work shall consist of cleaning, sealing, and filling cracks on designated streets in the City of Fort Collins. All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Questions concerning the scope of the bid should be directed to Project Manager, Bennett Ashbaugh, at (970) (425) 241-3697 or bashbaugh@fcgov.com. Questions regarding bid submittal or process should be directed to Gerry Paul, Purchasing Director at (970) 221-6779 or gspaul@fcgov.com. All questions must be submitted in writing via email to Bennett Ashbaugh , with a copy to Gerry Paul, no later than 5:00 PM our clock on January 31, 2017. Questions received after this deadline will not be answered. The Contract Documents and Construction Drawings may be examined online at • Rocky Mountain E-Purchasing System: www.rockymountainbidsystem.com Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (Oa130/13) COLORADO DEPARTMENT OF REVENUE Denver CO 80261 - 0009 (303) 238-SERV (7 378) Contractor Application for Exemption Certificate Pursuant to Statute § 39-26.708(1),(2),&(3) The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials forthe exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materialswhich are purchased, rented, orconsumed by the contractor and which do not become apart of the structure, highway, road, street, or other public works owned and used by the exempt organization. Departmental Use Only lul�llllll�lllllllllllllll�!IIII'IIIIIIIIII!I!II 130172 19999 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.) Send completed forms to: Colorado Department of Revenue, Denver, CO 80261 - 0009 Failure to accurately complete all boxes will cause the application to be denied. Contractor/Account No. (Leave blank if filing for the first time) 89- Period (mmm-mmny)o _ Contractor Information Trade name/DBA Owner, partner or corporate last name First Name Middle Initial Mailing Address City State Zip E-Mail Address FEIN Bid amount for your contract Fax number Business Phone number Colorado withholding tax account number Exemption Information Copies of contract or agreement page, identifying the contracting parties, bid amount, type of work, and signatures of contracting parties must be attached Name of exempt organization (as show on contract) Exempt organization's number 98 Address of exempt organization City State Zlp Principal contact at exempt organization -Last Name First Name Middle Initial Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project Is located) City State Zip Principal contact's telephone number Scheduled construction start date (mmrnnryy) p Estimated completion date (mmmony)o 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 the business owner, partner or corporate officer Title of corporate officer Date (mwDDny) o (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 899 has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. Do not enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS 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, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL, CONDMONS Page Article or Paragraph Number Number &Title DEFINITIONS ......................................................1 1.1 Addenda.............................................1 1.2 Agreement..........................................I 13 Application for Payment,,,,,,,,,,,,,,,,,,,,,, 1 1.4 Asbestos.............................................� 1.5 Bid.....................................................1 1.6 Bidding Documents .......................... ...) 1.7 Bidding Requirements ..........................1 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 121 1.22.a 1.22.b 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32.a L32.b 133 134 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 1.44 1.45 ChangeOrder ............................... Contract Documents Contract Price... 1 Contract Times....................................I CONTRACTOR .................................. I defeedve ............................... .............. 1 Drawings, ............................................I Effective Date of the Agreement,,,,,,,,,_ 1 ENGII4M........................................1 ENGINEERS Consultant .....................I Field Order ......................................... I General Requirements .........................2 Hazardous Waste.................................2 Laws and Regulations; Laws or Regulations ................................. 2 Legal Holidays....................................2 Liens.................................................:2 Milestone...........................................2 Notice of Award.,..„..,_., Notice to Proceed ................................ 2 OWNER.............................................2 Partial Utilization ............................... 2 PCBs..................................................2 Petroleum . 2 Project................................................2 Radiative Material, .... ...................... Regular Working Haws ...................... 2 Resident Project Represeraative,........... Samples..............................................2 Shop Drawings....................................2 Specifications ..................................... 2 Subcontractor.....................................1 Substantial Completion ......................2 Supplementary Conditions...................2 Supplier..............................................2 Underground Facilities ........... _......... 2-3 Unit Price Work ................................. 3 Work..................................................3 Work Change Directive.,... 3 Written Amendment., .......................... 3. Page Number PRELIMINARY MATTERS ................................ 3 2.1 Delivery of Bonds . ............................. ; 2.2 Copies of Documents .......................3 23 Commencement of Contract Times; Notice to Proceed .............. 3 2.4 Starting the Work ............................3 2.5-2.7 Before Starting Construction; CONTRACTORS Responsibility to Report; Preliminary Scheddes; Delivery of Certificates of Insurance ................................... 3.4 2.8 Reconstruction Confcettcq............. 4 2.9 Initially Acceptable Schedules.,,,,,,,. 4 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......................................... 4 3.1-3.2 Intent.. _......................................... A 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives .................................... 5 3.5 Amending Contract Docunents......... 5 3.6 Supplementing Contract Docum ents................................... 5 3.7 Reuse of Documents .........................$ AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ........................................ 5 4.1 Availability of Lands„...................5-6 4.2 Subsurface and Physical Conditions, 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 Conditions..................G 4.2.4 ENGINEERS Review,,,,,,,,,,,,,,,,,,,,,, ¢ 4.2.5 Possible Contract Documents Change, ............ .......................... 6 4.2.6 Possible Price and Times Adjustments.... .......................... 6-7 4.3 Physical Conditions --Underground Facilities ..............................-........ 7 4.3.1 Shown or Indicated ..........................7 4.3.2 Not Shown or Indicated ................... •7 4.4 Reference Points ..............................7 E.ICI)C O-NIaAI. CONDITIONS 1910-9 (1990 EDITION) w/ QTY OF FORT coums momcxnom oxv 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos. PCBs, Petroletun, 6.25 Submittal Proceedures; CON - Hazardous Waste or TRACTOR's Review Prior Radioactive Material.................... 7-8 to Shop Drawing or Sample Submittal .................................... 16 5. BONDS AND INSURANCE ................................. 8 6.26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER ...... 16-17 Bands .............................................. 8 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Docum enL4.......... 17 Certificates of Insurance ................... 8 6.28 Related Work Performed Prior 5.4 CONTRACfOR's Liability to ENGINEER's Review and Insurance .......................................... Approval of Required 5.5 OWNER's Liability Insurance, ............. 9 Submittals ... .......................... ...... 17 5.6 Property Insurance ..........................9-10 6.29 Continuing the Work ..................... j7 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General tienal Property, Insurance................10 Warranty and Guarantee .............. 17 5.8 Notice of Cancellation Prcvsion......... 10 6.31.6.33 Indemnification .„ ...................._.17-18 5.9 CONTRACTOR'sResponsibility 6.34 Survival of Obligations ................... IS for Deductible Amounts .................... 10 5,10 Other Special Insurance .....................10 7. OTHER WORK ................................................. IS 5.11 Waiver of Rights...............................11 7.1-7.3 Related Work at Site ....................... IS 5.12-5.0 Receipt and Application of 7.4 Coordination ....................... ...._.._.is Insurance Proceeds .....................JO-11 5.14 Acceptance of Bonds andInsa- S. OWNER'S RESPONSIBILITIES .........................IS ance; Option to Replace ...................11 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR ..............................„ 18 Insurance ........................................11 8.2 Replacement of ENGINEER, ........... IS 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES ...............11 When Due .................................. 18 6.1-6.2 Supervision and Superintendencq,,,,,..11 8.4 Lands and Easements; Reports 6.3-6.5 Labor, Materials and Equipment__. 11-12 and Tests .. ............................. 38-19 6.6 Progress Schedule ..................... .12 8.5 Insurance.............. 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders„ ............................. J9 CONTRACTOR's Expense; 8.7 Inspections, Tests and Substitute Construction Approvals...................................I9 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER's Evaluation .............12-13 Terminate CONTRACTOR's 6.8-6.11 Concerning Subcontractors, Services......................................19 Suppliers and Others; 8.9 Limitations at OWNER'S Waiver of Rights ......... ............... 13-14 Responsibilities.................... _......19 6.12 Patent Fees and Royalties, ............ ...... 14 8.10 Asbestos, PCBs, Petroleum, 6.13 Permits ............................................. 14 Hazardous Waste or 6.14 Laws and Regulations„.....................34 Radioactive Material... .............. J9 6.15 Taxes ........ ................................... 14-15 8.11 Evidence of Financel 6.16 Use of Premises.................................15 Arrangements .............. ............. J9 6.17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading,,,,,,,,,,,,,,,,,,,,, J5 9. ENGINEERS STATUS DURING 6.19 Record Documents. . .... ...................... )5 CONSTRUCTION ............................................. J9 6.20 Safety and Protection ....................15-16 9.1 OWNERsRepresentative ................ 19 6.21 Safety Representative .........................16 9.2 Visits to Site. ................................. 19 6.22 Hazard Communication Prcgram3, ..... 16 9.3 Project Representative... ............ J9-21 6.23 Emergencies.....................................16 9.4 Clarifications and Interpre- 6.24 Shop Drawings and Sampley..............16 tations............................... ....... ..21 9.5 Authorized Variations in Pbrk........ 1 E)CE)C GENERAL CONDMONS 1910-8 0990 EDITION) wi QTY OF FORT COLLINS MODIFICATIONS (RSV 91'") Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work...................21 13.8-13.9 Uncovering Work at HNGI- 9,7-9.9 Shop Drawings, Change Orders NEER's Request ..................... 77-28 and Payments .................................... 21 13.10 OWNER May Stop the Work .......... 28 9.10 Determinations for Unit Prices_.,.,. 21-22 13,11 Correction or Removal of 9.11-9.12 Decisions on Disputes; EN01. Defective Work ...........................28 NEER as Initial Interpreter ..............72 13.12 Correction Period, .......................... n 9.13 Limitations on ENGINMRs 13.13 Acceptance offlefective Work ......... 28 Authority and Responsibilities,,, 22-23 13.14 OWNER May Correct Defective Work ...................... 28-29 CHANGES IN THE WORK ....................................... �23 10.1 OWNERs Ordered Change ................23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment ........................ 23 COMPLETION ................................................. )9 10.3 Work Not Required by Contract 14.1 Schedule of Values .........................29 Documents ...................................... 23 14.2 Application for Progress 10.4 Change Orders ........................ ........ 23 Paym ent ..................................... 29 10.5 Notification of Surety ........................23 14.3 CONTRACTOR's Warrantyof Title........................................... 29 CHANGE OF CONTRACT PRICE ............................. V 14.4-14.7 Review of Applications for 11.1-11.3 Contract Prim Claim for Progress Payments .................. 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion ..................30 the Work ........................... _ ...... 23-24 14.10 Partial Utilizatioq ..................... 30-31 11.4 Cost of the Work ..........................24.25 14.11 Final lnspection ...... ...................... 31 11.5 Exclusions to Cost of the Work ........... 25 14.12 Final Application for Payment ........ 31 11.6 CONTRACTORs Fee,,,,,,,,,,,,,,,,,,,,,,,, . 25 14.13-14.14 Final Payment and Acceptance ....... 31 11.7 Cost Recordsk ................................ 25-26 14.15 Waiver of Claims._ . . ............... 31-32 111 Cash Allowances ...............................26 11.9 Unit Price Work................................26 15. SUSPENSION OF WORK AND TERMINATION . ......................... ..................... 32 CHANGE OF CONTRACT TIMES ............................26 15.1 OWNER May Suspend Work .......... 32 12.1 Claim for Adjustment .......................26 15.2-15,4 OWNER May Terminate ................. 32 12.2 Time of the F-sscncq ..........................26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTORs Work or Terminate, ........... __,32-33 Control ...................................... :2&27 12.4 Delays Beyond OWNERs and 16. DISPUTE RESOLUTION ..................................33 CONTRACTOR!s Control ................27 17. MISCELLANEOUS ...... 33 TESTS AND INSPECTIONS, CORRECTION, 17.1 Giving Notice ................................ 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Tim ek ...................33 DEFEC77VE WORK .................... ...................... _._27 17.3 Notice of Claim............................. 33 13.1 Notice of Defects ...............................27 17.4 Cumulative Remedick .................... 33 13.2 Access to the Work ...........................27 17.5 Professional Fees and Court 13.3 Tests and Inspections; Costs Included ............................ 33 CONTRACTORS Cooperation,,,,,,,,, . 27 17.6 Applicable State Laws ................ 33-34 13.4 OWNERs Responsibilities; Intentionally left blank .......................................35 Independent Testing Laboratory.,,,,,, 27 13.5 CONTRACTORs EXHIBIT GC -A: (Optimal) Responsibilities ...............................27 Dispute Resolution Agreement.................--- GC -Al 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration., ........ _ .................. GC -Al tion, Testing or Approval.................27 16.7 Mediation .......... .................... PC -Al EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL COMMONS 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 ............................10.4.1, 13.5, 13.13 final payment ......................................... 9AZ 14A5 insurance......................................................... 5.14 other Wad, by CONTRACTOR .......................... 7.3 Substitutes and 'Or -Equal" Item$ ...................... 6.7.1 Work by OWNER ..............................2.5.6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities .............................................. 4.1 site, related Work ........ ...................................... 7.2 Work, ... ....................................... 13.Z 13.14. 14.9 Acts or Omissions—, Acts and Omissions — CONTRACTOR 6.9.1, 9.13.3 ENGINEER .......................................... 6,20, 9,13.3 OWNER................................................... 6.20, 8,9 Addenda —definition of (also see definition of Specifications) .......(1.6.1.10,6.19), Ll Additional Property Insuranoe4 ................................. Adjustments — Contract Price or Contract Times ............. ....... _J.5, 3.5, 4.1, 4.3.2, 4.5.2, ........ - ----- _ _.......... :4.5.3. 9.4. 9.5. 10.2-10.4. ............... ........ I ......... I I ..... 11,12,14.8,15.1 progress schedule ............................ ......... ........ 6.6 Agreement — definition of ......................................................).2 "All -Risk" Insurance, policy forth ..................... -....5..6.2 Allowances, Cash ....................................................11.8 Amending Contract Documents ................................ 3.5 Amendment. Written — in general ................. 1. 10, 1.45, 3.5, 5.10, 5.12,6.6.2 ........................... 0.8.2.6.19,10.1, 10.4,11.2 ............... I .................... 12.1,13.12.2,14.7,2 Appeal, OWNER or CONTRACTOR intent to .......................... 9.10,9.11.10.4.16.Z 16.5 Application for Payment — definition of......................................................3.3 ENGTNEERs 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 progresspayment ...................................... 14.1-14.7 review of ...... .................. ................ ....... 14.4-14.7 Arbitration 1&1-16.6 Asbestos -- claims pursuant thereto ..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of. I ........ I ............ ............. I ........ I ......... l.4 Article or Paragraph Number OWNER responsibility far ............................. 4.5.1, 8.10 possible price and times change ........................ 4.5.2 Authorized Variations in Work .......... 3.6, 6.25, 6.27, 9.5 Availability of Lands .........................................4.1.8.4 Award, Notice of -defined ...................................... 1.25 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 —definition of ..........................................1.7 (1.1. 4.16.2) Bonds — acceptance of ........................... ........................ 5.14 additional bonds... ............. ................. 10.5,11.4.5.9 Cost of the Wor.............................................11.5.4 definitionof .......................................................1.8 delivery of ...................................................2.1.5.1 final Application for Payment ..... ........... 14.12-14.14 general ............. ......................... 1.10,5.1-5.3,5.13, ........................................ 9.13.10.5,14.7.6 Performance, Payment and OtheT .................. 5.1-5.2 Bonds and Insurance —in general .................................5 Builder's risk "all-risk' policy form...._..... _.............$.6.2 Cancellation Provisions, Insurance..... _ 5.4.11, 5.8, 5.15 Cash Allowances....................................................11.8 Certificate of Substantial Completion, ........ 1.38,6.30.2.3, .................................................. 14.8.14.10 Certificates of Inspectiort ................... 9.13.4,13.5.14.12 Certificates of Insurance.............2.7. 5.3. 5.4.11. 5.4.13. ....................... 5.6.5,5.8, 5.14, 9.13.4, 14.12 Change in Contract Price — Cash Allowances 11.8 claim for price adjustment......_,,.., A. 1, 4.2.6. 4.5. 5.15. 6.8.2, 9.4 ................... 9.5. 9.11. 10.2. 10.5. 11.2, 13.9. ............... 13.13,13.14,14.7,15,1,15.5 CONTRACTOR's fee 11.6 Cost of the Work general. . ............................................. J1.4-11.7 Exclusions to . ............................................. 113 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 Suret.........................................10.5 Scopeof ................................................. J0.3-10.4 Testing and Inspection, Uncovering the Work ..................................13.9 EKMCUENMAL COMMONS 1910-8 (1990 EDITIOM w/ MY OF FORT COLONS MODMICAITONS (FtEV 9199) Unit Price Work 11.9 Article or Paragraph Number Value of Work ..................................................11.3 Change in Contract Times -- Claim for times adjustment ...... _:4.1, 4.2.6, 4.5. 5.15. ........ 6.8.2.9.4.9.5,9.11. 10.2, 10.5,12.1, ....... 13.9. 13.13, 135 14. 14.7. 15.1, 15 .............. Contractual time IimiIA 12.2 Delays beyond CON7RACTOR!s control.................... ................................... 113 Delays beyond OWNERS and CONTRACTORscrintrol .............................114 Notification of surety ............... ........................ 10-5 Scope of change ............. .......................... 10.3-10.4 Change Orders -- Acceptance ofDefeefive Work ................... . ..... 13.13 Amending Contract Document;..._ .....................3.5 Cash Allowances,_ ............................. ........11.8 Change of Contract Price.....................................I I Change of Contract Times,,,,,,,,,,,,,,,,,,, ................ 12 Changes in the Work....... ........... ................... 10 CONTRACTOR'sfee 11.6 Cost of the Work ....................................... 11.4-11.7 Cost Records )1.7 definition o( 1.9 emergencies .....................................................0.23 ENGINEERs responsibility ........ 9.8.10.4.11.2, 111 executionof.....................................................10.4 Indemnifiction .... __ ......... ....... 0.12,6.16, 6.31-6.33 Insurance, Bonds and ...................... J.10.5.13,10.5 OWNER may terminate . ............................ 15.2-15.4 OWNERs Responsibility ............................ $.6,10.4 Physical Conditions — Subsurface and 42 Underground Facilities, .............................4.3.2 Record Documents ........................................... 6.19 Scope of Change ....... ............................... 10.3-10.4 Substitutes §.7.3, 6.8.2 Unit Price Work. ....... ........ . .......................... JI.9 value of Work, covered by .................................11.3 Changes in the Work ...... ................... ....... _ ............. 10 Notification of surety ............................... 10.5 OWNERS and CONTRACTOIrs responsibilities ............................................10.4 Right to an adjustment, ................. .......... ........ 10.2 Scope of change .......................................103.10.4 Claims — against CONTRACTOR ....................................6.16 against M;GINEEFL .........................................A32 against OWNER ...............................................632 Change of Contract Pricq ............................ 9.4.11.2 Change of Cartract Times ...........................9.4, 12.1 CONMACTOR!s .......... ... 4. 7.1. 9.4. 9.5. 9.11. 10.2- .......................... JI.Z 11.9,111, 13.9,14.8, ............................................15.1, 15.5,17.3 CONTRACTORs Fee 11.6 Article or Paragraph Number CONTRACTOR's liability,,,,,,,,,, 5.4,612, 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 interpreto� .......................9.11 Lump Sum Pricing .........................................11.3.2 Noticeof ..........................................................17.3 ............. j�*�*� .......................... 17.3 OWNER's ....................,. , 9.11. 10.2, 1 I.Z 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 orj ............................9.31 Substitute Items 0.71.2 Time Extension., ...... I... ................. . ........... ..... 12.1 Time requirements .................................... 9.11.12.1 Unit Price Work .................. ............ ............. J 1.9.3 Valueof ............. ......................................... ... JJ.3 Waiver of —on Final Payment ................. 14.14,14.15 Work Change Directive ............................. ........ 10.2 written notice require4 ......................9.11, 11.2,12.1 Clarifications and Interpretation;,,,,,,,,,,,, . 3.6-3, 9.4, 9.11 CleanSite ............................................................ 0.17 Codes of Technical Society, Organization or Association Commencement of Contract Times,,,,,,,,,,,,,,,,,,,,,,,,, 2.31 Communications — general.............................................. 0.2,6.9.2,8.1 Hazard Communication Programs .......................0.22 Completion — Final Application for Payment ..........................14.12 Final Inspection ...............................................14.11 Final Payment and Acceptance ............... J4.13-14.14 Partial Utilizatio...........................................14.10 Substantial Completion......................1.38, 14.8-14.9 Waiver of Claims ............................................ J14.15 Computation of Times ............................... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others Conferencos-- initially acceptable schedules ...............................29 preccristructiciq .................................................. 2-8 Conflict, Error, Ambiguity. Discrepancy — CONTRACTOR to Report, ...... ............... 7.5, 13.2 Construction, before starting by CONTRACTOR 2.5-2.7 Construction Machinery, Equipment. etc ..................6.4 Continuing the Work .................................... 6.2% 10.4 Contract Documents — Amending..........................................................3.5 Bonds 5.1 EJCDC GENEUL CONDITIONS 1910-9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS OMV 9/M Cash ll 8 Article or Paragraph Number Change of Contract Price....................................11 Change of Contract Times,,,,.....* ........... * ....... 12 Changes in the Work ................................ 10.4-10.5 check and verify .... 2.5 Clarifications and Interpretations .........................3.2. 3.6. 9.4. 9.11 definition of .....................................................1.10 ENGINEER as initial interpreter of,,,,,,,,,,,,,,,,,, 9.11 ENGINEER as OWNERs representative,,,,,,,,,,,,, 9.1 gencral3 Insurance...........................................................5.3 Intent........................................................ 3.1-3.4 minor variations in the Work.... .......................... 3.6 OWNERs responsibility to furnish data,,,,,,,,,,,,,, 8.3 OWNER!s responsibility to make prompt payment .........................8.3, 14.4,14.13 precedence ................................................ 3.1,3.3.3 Record Documents ............................................ 0.19 Reference to Standards and Specifications of Technical Societies ...................................3.3 Related Work .......................... ......................... 7.2 Reporting and Resolving Discrepancies,,,,,,,, 2.5, 3.3 Reuseof ......................... ................................... 3.7 Supplementing .................................................. 3.6 Termination of ENGINEERs Employment ..... .... 8.2 Unit Price Work ... ........ .............................. 11.9 variations .......................................... 3.6. 6.23. 6.27 Visits to Site, ENGINFER's ... ............. ............. 9.2 Contract Price — adjustment of: ............... �3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof ..........................................................11 Decision on Disputes ........................................9.11 definition of.....................................................1.11 Contract Times -- adjustment Of .......................... 3.5,4.1, 9.4.10.3,12 Change of ............................ ................... 12.1-12.4 Commencement of ............................. ........... ... 2.3 definition of.....................................................1.12 CONTRACTOR — Acceptance of lnsurancc. ......................... ........ 5,14 Communications ......................................6.2, 6.9.2 Continue Work ........ ............................... j6.29,10.4 coordination and scheduling ............................6..9.2 definition of.....................................................1.13 Limited Reliance on Technical Data Authorized... .................... ................ 4.2.2 May Stop Work or Terminate ............................15.5 provide site access to others,,,,,,,,,,,,,,,,,,,,,,, 7.2,13.2 Safety and protection .................... 4.3.L2, 6.16, 6.18. .......I ............................. 16.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to SubmitLak.......................................6.25 Stop Work requirements_ ... ..... .... .... ..... ..... 4.5.2 CONTRACTORs— Article or Paragraph Number Compensation ........... .... I— ------- .......... 11.1-112 Continuing Obligation .....................................14.15 Defective Work ...............................9.6, 13.10-13.14 Duty to correct defective Work .......................... 13.11 Duty to Report -- Changes in the Work caused by Emergency .......................... ........ _ ..... §.23 Defects in Work of Others ..............................73 Differing condition*.. ................................. 4.23 Discrepancy in Documents,,,,,,,, 2.5, 3.3.2. 6.14.2 Underground Facilities not indicated.,,,,,,,,, 4.3.2 Emergencies.....................................................6.23 Equipment and Machinery Rental, Cost of the Work 3 1.4.5.3 Fee --Cost Plus 11.4.5-6,11.5.1,11.6 General Warranty and Guarantee .......................6.30 Hazard Communication Programs .....................6.22 Indemnification ........................6.12, 6.16. 631433 Inspection of the Work ............................... 7.3,13.4 Labor, Materials and Equipment .................... 0.3-6.5 Laws and Regulations, Compliance 1:7 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 by ................ 532 Performance and Other Bonds 5.1 Permits, obtained and paid for by .......................0.13 Progress Schedule ........................... �.6, 2.8, 2.9, 6.6, ................................ ___j5.29,10.4, 15.11 Request for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities -- Changes in the Work ..................................10.1 Concerning Subcontractors, Suppliers and Others Continuing the Work .... ...... .......... 6.29,10.4 CONTRACTORs expense ...........................6.7.1 CONTRACTORs General Warranty and Guarantee........_.............................6.30 CONTRACTORS review prior to Shop Drawing or Sample submittal, ................. 6.25 Coordination of Work................................6.92 Emergencies............................................... 6.23 ENGINEERs evaluation, Substitutes or "Or -Equal" Items ...............................0.7.3 For Acts and Omissions of Others §.9.1-6.91,9.13 for deductible amountsinsurancc...................5.9 general ........................................ 6, 7.1, 73,89 Hazardous Communication Programs.,........ 6.22 Indemnification .................................. 6.31-6.33 hi EJCDCCENERAL CONDMONS 1910-9 (1990 EDITIOM w/ CITY OF FORT COLUM MODIFICATIONS nV 9199) C The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. City of Fort Collins Gerry Paul Purchasing Director Labor, Materials and EquipmenK ........... _01-65 Laws and Regulations .................. ............... 6.14 Liability Insurance ........................................ 5.4 Article or Paragraph Number Notice of variation from Contract Documcntik .......................................... 6.27 Patent Fees and Royaltie!k ............................. §. 12 Permits.......................................................6.13 Progress Schedule.......__ .. .................... ...... 6.6 Record Documents 6.19 related Work performed prior to ENGMERs approval of required subra ittals .............................................0.28 safe structural loading .................................6.18 Safety and Protection ....................6.20, 7.2.13.2 Safety Representative". ..................... ....621 Scheduling the Work ..................................6.9.2 Shop Drawings and Sample* ........................0.24 Shop Drawings and Samples Review by ENGINEER ................... .................. 6.26 Site Cleanliness ..........................................6.17 Submittal Procedures ...................................6.25 Substitute Construction Methods and Procedures 6.7.2 Substitutes and 'Or -Equal" Items,,,,,,,,,,,,,,, 0.7.1 Superintendence ........................................... 6.2 Supervision............................................ ...... 0.1 Survival of Obligations................................6.34 Taxes 6.15 Tests and lnspecficris. ............ _ ................... 13.5 ToReport ......................................................2.5 Use of Promisor ..................... 0.16-6.18,6.30.2.4 Review Prior to Shop Drawing or Sample Submittat ....................................... §.25 Right to adjustment for changes in the Work ..... 10.2 right to claim,--....-.... T A, 1, 9.4. 9.5, 9.11, 10.2,11.2, J1.9,12.1, 13.9,14.8.15.1. 15.5.17.3 Safety aWPr'otecticrk ................. 6.20-6.22, 7.2,13.2 Safety Representative ................... ..... 6.21 Shop Drawings and Samples Submittal*.... 6,24-6.28 Special Consultants, ....................................... IIAA Substitute Construction Methods and Procedures, 6.7 Substitutes and "Or -Equal" Items, Expense .... ............................. ........ 6.7.1,6.7.2 Subcontractors. Suppliers and Others .......... 15.8-6.11 Supervision and Superintendencq ......... 6.1, 6.2, 6.21 Taxes. Payment by ...........................................6.15 Use of Promises 636-6.18 Warranties and guarantees ..........................6.5, 6.30 Warranty of Titlq ...... ..................................14.3 Written Notice Required — CONTRACTOR stop Work or term inaX _ ...... 15.5 Reports of Differing Subsurface and Physical Condition* ........................4.2.3 Substantial Completion................................14.8 viii CONTRACTORS —other :7 Contractual Liability Insurance ................. ............ 5.4.10 Contractual Time Limits .........................................12.2 Article or Paragraph Number Coordination -- CONTRACTOR s responsibility ........................ . 0,9.2 Copies of Documents ............................................... 2.2 Correction Period ..................................................13.12 Correction, Removal or Acceptance of Defective Work— in general ................................... 10A.1. 13,10-13.14 Acceptance ofDefective Work ...........................13.13 Correction or Removal of Defective Work ................................. 6.30,13.11 Correction Period ............................................13.12 OWNER May Correa Doctive Work .............. J3.14 OWNER May Stop Work ............................. ... 13.10 Cost -- of Tests and TrispectioM ....................................13.4 Reccrdsll.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts..............................................11.4.2 CONTRACTOR's Fee 11.6 Employee Expenses . ..................................... 11.4.5.1 Exclusions to 11.5 General 11.4-11.5 Home office and overhead expense* .................... 11.5 Losses and damages ..................................... 11.4.5.6 Materials and equipment ................................11.4.2 Minor expenses ...........................................31.4.5.8 Payroll costs on changes .................................11.4.1 performed by Subcontractors ...........................11.43 Records 11.7 Rentals of construction equipment and machinery........_............................ 11.4.53 Royalty payments, permits and license foes............................................11.4.5.5 Site office and temporary fiwfiitie*................11.4.53 Special Consultants, CONTRACTOEV3 ............ j 1.4.4 Supplemental .................................................11.4.5 Taxes related to the Work 11.4.5.4 Tests and Inspecticr4......................................... 13.4 Trade Discounts )1.4.2 Utilities, fuel and sanitary facilitie; ..............11.4.5.7 Work after regular hours .................................11.4.1 Covering Work.....-_._....._.._........................ 13.6-13.7 Cumulative Remedies .............................. ...... 37.4-17.5 Cutting, fitting and patching,........ .......................... 7�2 Data, to be furnished by OWNER ...................... ....... ?3 Day --definition or ...................... ......................... 17." Decisions on Disptftes.................................... . 9.11,912 defective. -definition of ........................................... 3.14 defective Work -- Acceptance of ......................................10.4.1, 13.13 EJCDC GDOLALLCONDMONS 1910-8 (1990 MUM) W/ aTV OF FORT COLONS MODMCA77ONS (REV 91") Correction or Removal of 10.4.1, 13.11 Correction Period J 3.12 in general............ I ............................ 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 I Delays ...................................... 4.1, 6.29, 12.3-12.4 Delivery of Bonds .....................................................2.1 Delivery of certificates of insurance ............................2.7 Determ instions for Unit Prices ................................ 9.10 Differing Subsurface or Physical Conditions — Notice of. . ................... ---- ............. ..... 4.2.3 ENGINEER!s Review ...................................... 4.2.4 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments ............. 4.16 Discrepancies -Reporting and Resolving ................................ Z5. 3.3.2, 6.14.2 Dispute Resolution — Agreement ............................................... )6.1-16.6 Arbitration ........................ ....................... 16.1-16.5 gcnerall6 Mediation ........................................................16.6 Dispute Resolution Agreement ......................... 16.1-16.6 Disputes, Decisions by ENGINEER ................... 9.11-9.12 Documents -- Copiesof ...................................... _ ................... 12 Record 6.19 Reuse of 3.7 Drawings --definition of ..........................................1.15 Easements 4A Effective date of Agreement— 1"16 Emergencies ............................. ....... ........... ........6_23 ENGINEER — as initial interpreter on dispute$ ................ 9.11-9.12 definition of .....................................................1.17 Limitations on authority and respon3ibilitie;s ...... 9.13 Replacement of .............................. ................... 8.2 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition cK ..................1.18 ENGINEER'S -- authority and responsibility, limitations M .......9.13 Authorized Variations in the Work .................... P.5 Change Orders, responsibility for...... 9.7.10,11.12 Clarifications and tntcrprctatiaip� ..............3.6.3, 9.4 Decisions on Disputes ................................ 9.11-9.12 defective Work, notice of ............................. 13.1 Evaluation of Substitute Itcm4 ..........................6.7.3 Liability ............................. ..................... 0.32,9.12 Notice Work is Acceptabl...............................14.13 Observations ...........................................6.30.2, 9.2 OWNER's Representative '" * ........ ............ * ...... 9.1 Payments to the CONTRACTOR, Responsibility for ................................. _.9,9,14 Recommendation of Payment ................... 14A.14-13 Article or Paragraph Number Responsibilitics--Limitations oil . ................ 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ............................ 4.2.4 Shop Drawings and Samples, review responsibility .............................................. 6.26 Status During Ccnsbvdion-- authorized variations in the Work ..................9.5 Clarifications and InterpretatioM..................9.4 Decisions on Disputes ......................... 19-11-9.12 Determinations on Unit Price ......................9.10 ENGINEER as Initial Interpreter,.,,,,,,, 9.11-9.12 ENGrNEERs Responsibilities ................ 9.1-9.12 Limitations on ENGINEERs Authority and Responsibilities..............................9.13 OWNER!s Representative ..............................9.1 Project Representative ...................................9.3 Rejecting Defective Work ..............................9.6 Shop Drawings, Change Orders and Payments .................................... 9.7-9.9 Visits to Site.................................................9.2 Unit Price determinations.................................9.10 Visits to Site .................._................................9.2 Written consent required ............... _ ........... . :7.2, 9.1 Equipment. Labor, Materials and ........................ 0.3-6.5 Equipment rental, Cost of the Work .................. 11.4-5-3 Equivalent Materials and Equipment .........................0.7 error of =issicrl§ 0.33 Evidence of Financial Arrangements .......................5.11 Explorations of physical conditions ........................ 4.2.1 Fee, CONTRACTOR's—Costs Plus ................. ........ 11,6 Field Order — definition of .....................................................1.19 issued by ENGINEER ................................ 3.6.1,9.5 Final Application for Payment ... .................... 14.12 Final Inspection ............................................ ...... 34.11 Final Payment — and Acceptance .....................................14.13.14.14 Prior to, for cash nUovences 11.8 General Provisions .................... ........ . . ......... 17.3-17.4 General Requirements — definition of .....................................................1.20 principal references to ............. Z6.6.4. 6.64.7.6.24 GivingNotice.........................................................17.1 Guarantee of Work —by CONTRACTOR ....... 15.30,14.12 Hazard Communication Programs ................ .......... 0.22 Hazardous Waste — definition of ....................................................1.21 general............................................................. 4.5 OWNER!s responsibility for ............................... 8,10 EJ= GDEFLAL CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLIM MODIFICATIONS OMV 9199) Indemnification .... ............. ........... 0. 1 Z 6.16, 6.31-6.33 Initially Acceptable Schedules, ............................ __29 Inspection — Certificates of..............................9.13.4, 13.5. 14.12 Final ........... ............................................... 14.11 Article or Paragraph Number Special, required byENGRlEER .........................9.6 Tests and Approval ............... .............. $3. 13.3-13.4 Insurance. Acceptance of, by OWNER ...............................5.14 Additional, required by changes in the Work ........................................... 11.4.5.9 Before starting the Work ........................... ........ 2,7 Bonds and --in general ..........................................5 Cancellation Provisions � ...................................... 5.8 Certificates of ...................7.7, 5, 5.3, 5.4.11, 5.4.13, ........................5.6.5. ...... * ................ 5.6.5. 5.8, 5.14, 9.13.4, 14.12 completed operations.....................................5.4.13 CONTRACTOR!s Liability .................................. 5.4 CONTRACTOWs objection to coverage.............5.14 Contractual Liability ......................................5.4.10 deductible amounts, CONTRACTOfVs responsibility................................................5.9 Final Application for Payment ........................14.12 LicensedInsurers...............................................5.3 Notice requirements, material changes,,,,,,, 5.8,10.5 Optionto Replace.............................................5.14 other special insurances....................................5.10 OWNER as fiduciary for insuri:4 .............. 5.12-5.13 OWNERs Liability ............................................5.5 OWNERS Responsibility .................................... 8.5 Partial Utilization, Property hisurancq ...............5.15 Property ..................................................... $.6,5.10 Receipt and Application of Insurance Proceeds ............................................. 5.12-5.13 Special Insurance .............................................5.10 Waiver of Rights ..............................................5.11 Intent of Contract Documents ............................... 33-3.4 Interpretations and Clarification A ......... ........... 3.6.3.9.4 Investigations of physical cGnditior* .........................4.2 Labor, Materials and Equipment .......................... 6.3-63 Lands -- and Eiiscrucrits ?.4 Availability of .............................................. 4.1,8.4 Reports and Tests ...............................................8.4 Laws and Regulations —Laws or Regulations — Bonds................................................ ....... 5.1-5.2 Changes in the Work ....................................... 10.4 Contract Documents...........................................3.1 3.1 CONTRACTORs Responsibilities ... ................. ¢ 14 Correction Period. defective Work .................... 13.12 Cost of the Work. taxes ............................... J1.4.5.4 definition of .....................................................1.22 general6.14 Indemnificaticn. 6.31-6.33 Insurance...........................................................5.3 Precedence " '* ... * ....................................... 3.1,3.3.3 ce ReferentQ 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...................................13.5 Use of Premises .................................................6.16 Visits to Site . ...... ............... ............ __ .............. 9.2 Liability Insurance-- CONTRACTOR!s .............................. ................. 5.4 OWNERs..........................................................5.5 Licensed Sureties and Insurers.................................5.3 Liens -- Application for Progress Payment .......................14.2 CONTRACTOR's Warranty of Title ................... 14.3 Final Application for Payment .......................... 14,12 definition of ........... ......................................... 1,23 Waiver of Claims ............................................34.15 Limitations on ENGINEER:s authority and responsibilities ..................................................9.13 Limited Reliance by CONTRACTOR Authorized......................................................4.2.2 Maintenance and Operating Manuals -- Final Application for Payment ..........................14.12 Manuals (of others) — Precedence ............. ......................................3.3.3.1 Reference to in Contract Documents ..................3.3.1 Materials and equipment — famished by CONTRACTOR ...... ............ ...... ,0.3 not incorporated in Work. 14.2 Materials or equipment --equivalent., .................... ... 0.7 Mediation (Optional) ..............................................36.7 Milestones --definition of ........................................J.24 Miscellaneous -- Computation of Times, ............ ..........................17.2 Cumulative Remedies ........................................17.4 Giving Notice ....................................................17.1 Notice of Claim ................................................. 17.3 Professional Fees and Court Costs Included ........ 17.5 Multi -prime contracts ............... ...................... ....... ... 7 Not Shown or Indicated Notice of -- Acceptability of Proje4 .................................... 14.13 Award, definition of ..........................................1.25 Claim............................................................ 17.3 Defects.13.1 Differing Subsurface or Physical Condition$ ..... :4.2.3 Giving..... ............ __ ......................... ........... J7.1 Tests and Inspection; ..................................... _J3.3 Variation, Shop Drawing and SamplC .................0.27 Notice to Proceed — definition of ............................. . ...................... 1.26 givingof ............................................................2.3 EJMC aRMAL CONDI-nom 1910-8 0990 EDMOM W/ CITY OF FORT CMUM MWMCAITONS 0tEV 91M Notification to Surety ..............................................10.5 Observations, by ENGINEER ............................ 6-30,9.2 Occupancy of the Work .................. 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ...............4.9, 9.13 Open Peril policy form, Trisuranc; ..........................5.42 Option to Replace ....................................................5.14 Article or Paragraph Number "Or Equal" Items......................................................0.7 Other work 7 Overtime Work —prohibition of .................................6.3 OWNER -- Acceptance of defective Work ...........................13.13 appoint an ENGINEER ...................................... 8.2 as fiduciary .................................. ...... 5.12-5.13 Availability of Lands, responsilility ....................4.1 definition OC ....................................................1.27 data, furnish ......................................................8.3 May Correct Defective Work ...........................13.14 May refuse to make payment ............................. J4.7 May Stop the Work ........................................13.10 May Suspend Work, Terminate............................�.8.13.10. 15.1-15.4 Payment, make prompt, ........... ........ 83,14.4,14.13 performance of other work ................................. 7.1 permits and licenser, requirements ....................0.13 purchased insurance requirements ............... 5.6-5.10 OWNERS -- Acceptance of the Work ..............................0.30.2.5 Change Orders, obligation to execute,......,,, . 8.6,10.4 Communication? 8,1 Coordination of the Work 7.4 Disputes. request for decision ............................ 9,11 Inspections. tests and approval;,,,,,,,,,,,,, 0.7,13.4 Liability Insurance ............................................. 5.5 Notice of Defects )3.1 Representative —During Construction, ENGINEERS Status 9.1 Responsibilities — Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material................F.10 Change Orders, ....................... ..................... 8.6 Changes in the Work..................................10.1 communications 8.1 CONTRACTORS responsibifiticA .................. 8.9 evidence of financial arrangementA .............. P.11 inspections, tests and approvals .....................8.7 insurance 8.5 lands and easements .....................................8.4 prompt payment by .......................................8.3 replacement of ENGINEER ........................... ?.2 reportsand tests ............................................8.4 stop or suspend Work ................. $.8.13.10.15.1 terminate CONTRACT016 services ....................................... 8.8.15.2 separate representative at sit;...._........................9.3 testing, independent .............. use or occupancy of the Work written consent or approval required ........................... 114 6.30.2.4. 14.10 -- ... 9.1. 6.3. 11.4 EJCDCUENERAL CONDMONS 1910-8 (1990 EDITIOM W/CTY OF FORT COLLINS MODMCATIOM (RED' V99) Article or Paragraph Number written notice required ........................7.1, 9.4, 9.11. ......... .............. * .......... * 112,119. 14.7. 154 PCBs -- definition of .....................................................1.29 general............................................................. ...................... 4.5 OWNER'S responsibility 9.10 Partial Utilization - definition of ).28 general 6-30.2.4.14.10 Property Insurance ............................................ 5.15 Patent Fees and Royalties ........................................ 6.12 Payment Bmd!k ........................... ...................... 5.1-5.2 Payments. Recommendation of .............. 14.4-14.7.14.13 Payments to CONTRACTOR and Completion - Application for ProgressPayments .......... ...... ... ]4.2 CONTRACTOR's Warranty of Tide ................... J43 Final Application for Payment .........................14.12 Final Inspection ..............................................14.11 Final Payment and Acccptanop ............... 14.11-14.14 general.........................................................5.3, 14 Partial Utilization ...........................................14.10 Retairtage............................ . ............................ 14.2 Review of Applications for Progress Payments .................. . ........... )44-14.7 prompt payment .................................................. F.3 Schedule of Value.............................................14.1 Substantial Completion ........ .................... 14.8-14.9 Waiver of Claims ...................... - .................... 14.15 when payments due ................................ 14.4,14.13 withholding payment ... ................................ ... 14-7 Performance Bonds 5.1-5.2 Permits .... ..... * ......... * ......... ...... I ......... 0-13 Petroleum - definition of ' ............. ................ 1.30 general.............................................................. 4.5 OWNWs responsibility for ..............................8.10 Physical Conditions - Drawings ol; in or relating tQ .........................4.2.1.2 ENGINEER!s review 4.14 existing structure............................................4.22 general4.2.1.2 .......................................................... Notice of Differing Subsurface or, ..................... 4 ..2.3 Possible Contract Documents Change ............... 425 Possible Price and Times Adjustments .............. A.2.6 Reports and Drawings......................................4.2.1 Subsurfaceand, ..................................................4.2 Subsurface Conditionq ......... .................... 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized AZ2 Underground Facilities - general.........................................................4.3 Not Shown or Indicted ...............................4.3.2 Protection of, ..................... .............. _43. 6.20 Article or Paragraph Number Shown or Indicated ................................................4.3.1 Technical Data ...............................................4.2.2 Preconstruction Conlerencq ....................................... 2.8 Preliminary Mattcrik, ................ ................... .............. 7 Prelim inary Scheduleg ............................................... 2.6 Promises, Use of .............................. . ............. §.16-6.18 Price, Change of Contract. ......................................... I I Price, Contract -definition of .................................. L11 Progress Payment Applications fcc ..........................14.2 Progress Payment--retainag; ................................... 14.2 Progress schedule, CONTRACTOR`s. ........... 2.6.18, 29, ................................. 6.6, 6.29, 10,4.15.2.1 Project -definition of ............................................... 1.31 Project Representative- ENGMERs Status During Construction....._.... 9.3 Project Representative, Resident -definition of.. ........ 1.33 prompt payment by OWNER .....................................8.3 Property Insurance - Additional.........................................................5.7 gencral5.6-5.10 Partial Utilizatim ....................... I ....... 5.15. 14.10.2 receipt and application of procc* ............ 5.12-5.13 Protection, Safety and ..............................{.20.6.21, 13.2 Punchlist ..........................................................14.11 Radioactive hfitcrial- defintion of.....................................................1.32 general4.5 OWNER's responsibility for .......... ................... $.10 Recommendation of Payment ................ J4.4, 14.5, 14.13 Record Documents ......................................... 6.19,14.12 Record!., procedures for maintaining .................. ...... �.8 Reference Points .......................................................4.4 Reference to Standards and Specifications of Technical Societies ........................................ 33 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,,,,,,,,,,,,,,,,,,,, . 6.28 Remedies, cumulative ..................................... 17.4.17.5 Removal or Correction ofDeferfive Work ................ 13.11 rental agreements, OWNERapprovid required,,,- 11.4.5.3 replacement of ENGINEER, by OWNER� ................... $.2 Reporting and Resolving Discrepancies .................................2.5, 3.12, 6.14.2 Reports - andDrawings .................................................4.2.1 and Tests, OWNMs responsibility„_ ................. 8A Resident and Project Representative - definition of .................................................... J.33 provisionfor ...... ............. .................. ..................... ?.3 Xii EJCDC GENERAL CONDITIONS 1930 -9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent. CONTRACT70K$ ................6.2 Responsibilities-- CONTRACTORs-in general .................................. 6 ENGINEERs-in general..........I -...I I I ..... .1...............9 Limitations on.............................................9.13 OWNEWs-in general .............................................8 Retainage.................. __ ...................... ................14.2 Rcuse of Docum ents..................................................3.7 Review by CONTRACTOR Shop Drawings and Samples Prior to SubmittA .........................4.25 Review of Applications for Progress Payments.„................................. 14.4-14.7 Right to an adjustment ...........................................102 Rights of Way ........................ __ .......................... 4.1 Royalties, Patent Fees an4 ....................................... 6.12 Safe Structural Loading ..........................................6.18 Safety - and Protection ................................4.3.2, 6,16,6.18, ... -1- ....... --1 ........... 6.2OL6.21. 7.2. 112 general ..................................................... 020-6.23 Representative, CONTRACTOR!s .......................6.21 Samples - definition of ......................................................1.34 general ..................................................... 0.24-6.28 Review by CONTRACTOR ................................ 6.25 Review by ENGINEER..............................6.26, 6.27 related Work 4.28 submittal of ..................................................... .241 submittal procedures .................... ....... �.25 Schedule of progress ............................. *,Y.6, 2.9-2.9, 6.6, .........................................6.29. Schedule of Shop Drawing and Sample Submittals .... ......................... 2.6,2.8-2,9. 6,24-6.28 Schedule of Values ..............................2.6, 18-2.9,141 Schedules - Adherence to..................................................15.2.1 Adjusting...........................................................b.6 Change of Contract Times.................................10.4 Initially Acceptable .......................................18. 2.9 Preliminary........................................................2.6 Scope of Changes ...................................... 10.3-10.4 Subsurface Conditions........................................4.2.1.1 Shop Drawings - and Samples, general ..................... ........... 6.24-6.28 Change Orders & Applications for Payments, and ........................ - .............. 9.7-9.9 definition Of......................................................1.35 ENGUEERs approval of .................................3.6.2 ENGINEMs responsibility for reviei..................................... . 9.7. 6.24-6.28 related Work ......................................................0.28 review procedures, ....... ....................... 2.8.6.24-6.29 Xiii Article or Paragraph Number submittal required ...............................................624.1 Submittal Procedures ................................. 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 .................................... ...... 92. 112 byothers ..........................................................13.2 .special causes of loss" policy form. insurer= ................................ ....................... ........................ �.6.2 definition of .................................................... I.M Specifications- defination of ....................................................1.36 of Technical Societies, reference to * ............. .... 3.3.1 precedence ......................................................3.3.3 Standards and Specifications of Technical Societies.........................................3.3 Starting Construction, Before .............................. Z5-2.8 Starting the Work.....................................................2.4 Stop or Suspend Work - by CONTRACTOR..........................................15.5 by OWNER ............................. ........ 8.8,13.10,15.1 Storage of materials and equipmer4 .................... 4.1.7.2 Structural Loading, Safety ........................................ 6.18 Subcontractor - Concerning ............................................... 6.8-6.11 definition o.....................................................1.37 delays.............. .............. ............ ...... 12.3 waiver of rights ............................. . ............ ... 0.11 Subcontractors -in general _ 6.8-6.11 Subcontracts --required provisions ........ 5.11, 6.11,11.4.3 Subm inals- Applications for Payment .................................14.2 Maintenance and Operation Manuals. ..............14.12 Procedures.......................................................0.25 Progress Schedulea ...................................... 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 DrawingA ........................................ 6.24-6.28 Substantial Completion - certification o( ............................ fi.30.2.3,14.8-14.9 definition of .....................................................1.38 Substitute Construction Methods or Procedures....... 6.7.2 Substitutes and "Or Equal" Items ...............................6.7 CONTRACTOks Expense ..............................0.7.1.3 ...**..................... 0.7.1.3 ENGDJEEXs Evaluation .................................6.7.3 "Or-Equal"...................................................63.1.1 Substitute Construction Methods EJCDC GENERAL CONDITIONS 1910.8 (1990 EDI11010 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number or Procedures ..... . ............. §. 7.2 Substitute Items ............................................6.7.11 Subsurface and Physical Conditions — Drawings oL in or relathg to ......................... 4.2.1.2 ENGINEERS Review ...................................... 4.2.4 general.............................................................. 42 Limited Reliance by CONTRACTOR Authorized ............................... . ................ 4.2.2 Notice of Differing Subsurface or Physical Conditions .............................. . .......... 4.23 Physical Conditions .......................................4.2.1.2 Possible Contract Documents Chsng;e...............4.2.5 Possible Price andTimes Adjustments ................4.2.6 Reports and Drawings ............... _ ........... ......... 4.2.1 Subsurface and....................................................4.2 Subsurface Conditions at the Site...................4.2.1.1 Technical Date .................................................4.2.2 Supervision— CONTRACTORs responsibility ............................0.1 0.1 OWNER shall not supervise ................................8.9 ENGINEER shall not supervisq ................9.2, 9.13.2 Superintendence -' .... I ........ I ......§.2 Superintendent, 66 bisr.................0.2 Supplemental cost:k ..............................................11.4.5 Supplementary Conditions — definition of.....................................................1.39 principal references tq ................. 1.10,1.18,2.2,17. .......... _ ........... !4.2, 43, 5.1, 5.3, 5.4, 5.6-5,9, '*'** ...... 5.11. 6.8. 6.13. 7.4, 8.1 L 9.3, 9.10 SupplementingContract Document* ......................... $.6 Supplier — definition of ............................. . ...................... 1.40 principal references tq ........... 3.7,6.5,6.".Il, 6.20, ............. 0.24.9.13,14.12 Waiver of...............................................0.11.......................... Surety — consent to final payment .......................14.12. 14.14 ENGINEER has no duty to ................................9.13 Notification of .... 10.1.10.5.15.2 qualification of ':** ........ .................. 5.1-53 Survival of Obligattorik .......................................... 6_34 Suspend Work, OWNER May ....................... 13.10.15.1 Suspension of Work and Termination . ......................15 CONTRACTOR May Stop Work orTerm inat...............................................J5.5 OWNER May Suspend Work .............................15.1 OWNER May Terminate ................. ......... .15.2-13.4 Taxes --Payment by CONTRACTOR ......................... §35 Technical Data -- Limited Reliance by CONTRACTOR..................42.2 Possible Price and Times Adjustment$ .............. A.26 Reports of Differing Subsurface and Physical Conditions .................. 4.................423 )dv Temporary construction facilities... Article or Paragraph Number Term irustion— by CONTRACTOR ...........................................15.5 . by OWNER ........................................8.8, 15.1-15.4 of ENGINEERs employment .... ...... ................... P.2 Suspension of Work-in general .............................15 Terms and Adjectives ..............................................3.4 Tests and Inspections — Access to the Work, by others,,,,,,,,,,,,,,,,,,,,,,, 13.2 CONTRACTOFs rcsponsibilluies ......................13.5 cost of 13.4 covering Work prior tq .............................. 13.6-117 Laws and Regulations (or) ............................... 13.5 Notice of Defects, ................... ......... . ............... 13.1 OWNER May Stop Work .................. ... ... ...... 13.10 OWNER!s independent testing ..........................13.4 special, required by ENGINEER .......................... 9-6 timely notice requirc.......................................13.4 Uncovering the Work, at ENGINEER!s request.................................. _ ............ 118-119 Times-- Adjustin& ..................................... .................... 5.6 Change of Contract............................................12 Computationof, ................................................ 17.2 Contract Times --definition of ........................... J. 12 day................ ....................... ........... _ 17.2.2 Milestones..........................................................12 Requirements — appeals..................... .................... 9. 10, 16 clarifications, claims and disputes..................9.11, 11.2,12 Commencement of Contract Times, ............... 2.3 Preconstruction Conferencq ...........................2.8 schedules .........................................2.6, 2.9, 6.6 Starting the Work ................................... ...... 2.4 Title. Warranty of .......................... ....................... J4.3 Uncovering Work .................. ......................... 13.8-13.9 Underground Facilities, Physical Conditions — definition of ....................................................JAI Not Shown or Indicated... ................................ 4.3,2 protectionof .................... __ .............. ...... 4.3,6.20 Shown or Indicated, ......................................... 4.3.1 Unit Price Work — claims 11.9.3 definition of ..................................................J.42 general] 1.9.14.1.14.5 Unit Prices— general 11.3.1 Determination for 9.10 Use of Premises ................................. 6.16.6.18. 630.2.4 Utility owners .............................6.13. 6.20. 7.1-7,3. 13.2 Utilization. Partial ... _ ...... ....... 1.28,5,15,6,30.2.4.14,10 Value of the Work .................. __ ........................... J 1.3 Values, Schedule of .............................2.6, 2.8-19,14.1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wi CITY OF FORT COLLINS NIODMCATIONS (REV 9f99) Variations in Work —Minor Authorized ........................................ 6.25, 6.27,9.5 Article or Paragraph Number Visits to Site —by ENGINEER . ................................... 9.2 Waiver of Claims —on Final Payment .....................14.15 Waiver of Rights by insured parties ..................5.11, 6.11 Warranty and Guarantee, General —by CONTRACTOR ................................. .............. 6-30 Warranty Of Tide, CONTRACTOR!s ........................14.3 Work — Accessto ........ .............. ..... ............................. 13.2 byothers, ............ ................. .............................. 7 Changes in the ......... .............. . .................... JO Continuing the ..................................................6.29 CONTRACTOR May Stop Work or Terminate ...............................................35.5 Coordination of .................. ....... ...................... :7.4 Cost of the 11.4-11.5 definitionof ......................................................1.43 neglected by CONTRACTOR ............................13.14 other Work 7 OWNER May Stop Work ...... ..................... 13.10 OWNER May Suspend Work .... ............. J3.10,15.1 Related, Work at Site .................................... 7.1-7.3 Starting the ........................................................2.4 Stopping by CONTRACTOR ............................. JJ.5 Stopping by OWNER ................................. 15.1-15.4 Variation and deviation authorized, minoz, .......... 3.6 Work Change Directive — claims pursuant to .............................................10.2 definition of ..................................................... JA4 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, ......................... 0.6.Z 6.8.2, 6.19,10.1,10.4, ........................ 11-Z 12.1,13.12.2,14.7.2 Written Clarifications and 1xiterpretations, .................................. 3.6.3.9.4,9.11 Written Notice Required — by CONTRACTOR............................7.1, 9.10-9.11, ........................................... 10.4, 11.2, 12.1 by OWNER .................... 30. 10-9.11, 10.4, 11.2, 13.14 xv EJCDC OEMRAL CONDITIONS 1910-8 (1990 EDITION) wICITY OF FORT COLLINS MODIFICATIONS (REV 9199) (This page left blank intentionally) xvi EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS QtEV 91") GENERAL CO'VDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or charge the Bidding Requirements or the Contract Documents, Ll A mement—The written contract between OWNER and CONTRACTOR covering the Work to be performed other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Pmmrent—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 Document 1.4. Asbestos --Arty material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration 1.5. Bid —The offa or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Doemonls—The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requiremenh--The advertisement or invitation to Bid instructions to bidders, and the Bid form. 1.8. Bondi —Performance and Payment bonds and other instrument of security. 1.9. Change Order —A document recommended by ENGIIMER, which is signet] 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 Docwnents—The Agreement, Addenda (which pertain to the Contract Document), CONTRACIOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EXDC GEMMAL CONDI-noNs 1910-s am Edition) cot aTY OF FORT OOLLIM MODIFICATIONS OLEV 42 Won) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Duectives Field Orden aril ENGINEER's wr tten mterpretatiors and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effectivc 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 421 and 4.2 2 are not Contract Documents, 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work- in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9 1 in the case of Unit Price Wort:). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (i)to complete the Work so that it is ready for final payment as evidenced by ENGMER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONMCMR—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 any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damage] prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGLNE'ER and are referred to in the Contract Document. Shop drawings are not Drawings as so defined 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGMM's Consultant —A person firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragrapphh 9.5 but which does not involve a change in the Contract�tioe or the Contract Times. SECTION 00100 INSTRUCTIONS TO BIDDERS 110. General Requirements -Sections of Division I of the Specifications. 121. Hazardous Waste -The term Hazardous 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. 1-21EL 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 courts having jurisdiction 1.22.b. Legal Holidays-shall be those holidays observed bv, the City of Fort Collins 1.23. Liens -Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone -:A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of.4ward--A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions procedent 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 Tunes will commence to run and onwhieh CONTRACTOR shall start to perform CONTRACTORS obligations under the Contract Documents. 1.27. OWNER -The public body or authority, corpamtion association, firm or person with whom CONTRACTOR has entered into the Agreement and for wham the Work is to be provided 128. 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 14.7 pounds per square inch absolute), such as oil. petroleum, fuel OIL oil sludge, oil refuse, gasoline, kerosene and oil mined 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 132.a. Radioactive Material -Source. special nuclear, or byproduct material as defined by the Atomic Energy Act of EXDCGDARAL COMMONS 191 o-s (1990 &union) w/ CITY OF FORT OOLLINS MODIFICATIONS (REV 4r1000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 132.b. Reivdar Working Hours --Regular working hours are defined as 7;00un to 6'0r unless otherwi specified in the General Requirements. 133. Resident Project Representative -The authorized representative of ENGINEER who may be assigned to the site or any part thereof 134. Samples -Physical examples of materials. equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Drai ings�-All drawings, diagrams, illustration, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR attd submitted by CONTRACTOR to illustrate some portion of the Work. 1.3& Specifications -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 details applicable thercto. 137. Subcontractor --An individual, firm or corporation having a direct contact with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 138. Substantial Completion -The Work (or a specified part thereo has progressed to the point where, in the opinion o ENGINEER as evidenced by ENGINEERS definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended. or if no such certificate is issued when the Work is complete and ready for final payment as evidenced by ENGINEERS written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 1.39. Supplementary Conditions -The part of the Contract. Documents which amends or supplements these General Conditions. 1.40. Suppiter-A manufacturer, fabricator, supplier. distributor, materialman or vender having a direct contract with CONTRACTOR or with any Subcontractor to famish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities -All pipelines, conduits, ducts, cables, wires, manholes, vaults tanks, tunnels or other such facilities or attachmems and any encasements containing such facilities which have been irstallcd underground to famish any of the following services or matenals: 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. UMt Price Rork -Work to be paid for on the basis of unit prices. 1.43. Work -The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents 1.44. Work 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 paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, an the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Wntien Amendment -A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengincering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2-PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies ofDocumentc 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 furnished, upon request, at the cost of reproduction Commencement of Comrad Times; Notice to Proceed: 2.3. The Contract Times will commence to mat on the thirtieth day after the Effective Date of the Agreement, or, &CDC GENERAL COMH110M 1910-8 (1990 Eddw) WICITY OF FORT COLLINS MODIFICATIONS iREV 420W ) 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 th rty _8days after the Effective Date of the Agreement In :84_w:" & 0-Effiti'69t T'-- of-Bid-ep nYT-or-the-thirnethtiayafterthee-Effeetiye to ofthe Agreement-whichever-dateis-eulier. Starting the Work: 2A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicablfield 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 Requiremtem;), CONTRACTOR shall submit to IIVGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work including any Milestones specified in the Contract Documents: 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submittintg, reviewing and processing such submittal- 2.62.1, In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Enpneer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prig 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 OWPshall eaeh deliver to the atllar O with copies to identified in the Supplementary Cotiditions; ENGINEER certificates of insurance (and other evidence of insurance ream -request rrmsted lx OWNER) which CONTRACTOR and QALP 6R-raspastivn4y ere is required to purchase and maintain in accordance with paragraphs 5.436 atxf-53. Preconsfmction Conference.: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR ENGINEER aril 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 paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initial(v Acceptable Schedules: 2.9. Unless otherwise Provided in the Contract Dac=cnts, at least ten days befeFe submission of the fiF Appl-watiervibrPaymem before any work at the site begins, a conference attended by CONTRACTOR ENGINEER and others as appreprreteg an tact by OWb1ER will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph2.6. and Diyj b 1 - Gett l RegltjfgtRq 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 seq ienicing scheduling or progress of the Work non interfere with or relieve CONTRACTOR from CONTRACTORk full responsibility therefor. CONfRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent., 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all The Contract Documents will be construed in accordance with the law of the place of the Project. 3.1 It is the intent of the Contract Documents to VCDC OEMRIL CONDinom 191H (1990 E(ition) w! CaTY OF FORT COLLIM MOD111CATION5 (REV 412000) describe a functionally complete Project (or part thermO to be constructed in accordance with the Contract Documents Any Work, materials or equipment that may reasonably be inferred frran the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to 9andards and .Specifications of Technical Societies; Reporting and Resohing Discrepancies: 33.1. 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 if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. It during the performance of the Work, CONTRACTOR discovers arty 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, mammal or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Docuents has been issued by m y one of the methods indicated in paragraph3.5 or 3.6: provided however, that CONTRACTOR shall not be ]fable to OWNER or ENGINEER for failure to report anv such conflict, emu, ambiguity or discrepancy unless CONTRACTOR knew or reasorably should have known thereof. 33.3. 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 pximgraph 3.5 or 3.6. the provisions of the Contract Documents shall tape precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2, the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from thou set forth in the Contract Documents, nor shall it be effective to assign to OWNER ENGINEER or any of ENGINEER's Consudtam% agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", 'as allowed", "as approved" or terms of like effect or import are used or the adjectives "reasonable", "suitable', "acceptable", "proper" or "satisfactory' or adjectives of like effect or import are used to describe a requirement direction. review or judgment of ENGINEER as to the Work, it is intended that such requirement direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance withthe 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 famishing 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. Amending and Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following trays: 3.5.1. a formal WrittenAmendment. 3.5.2. a Change Order (pursuant to paragraph 10A). or EJCDCGENERAL CONDITIONS 1910-S (1990 Ed4m) WICITY OF FORT COLD M MODIFICATIONS OZEV 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 Wok 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 Drawing or Sample (pursuant to paragraphs 626 and 6.27), or 3.6.3. ENGIIQEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse ofDocumentt: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or induect contract with OWNER (i) shall not have or acquire any title to or ownership 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 extensions of the Project or any other project without written consort of OWNER and ENGINEER and speafic written verification or adaptation by ENGINEER ARTICLE 4—AVAU AB=Y OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Avadab&V of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documnents, 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 Npea reesanable-written guest stataaent c rec a^^"I.�o'•r�,r ...e:,.e 4ha Waxk—is-4e,-bo--perfonnaJ—a,xl its of—c,Fmfrling—a inaelteru4s�inr-agaaL �a ands 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 yr performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contact Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rightsof. way or easements. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary carntmction facilities or storage of materials and equipment 4,2. Subsurface and PhysicalConr@rions 4 2.1. Reports and Drawings: Reference is made to the Supplemerdary Conditions for identification of 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CON7R4CrOR Authorized' Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such repels and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER ENGINEER or any of ENGINEERs Consultants with respect to: 4.21.1. the completeness of such reports and drawings for CONTRACTORs purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of constriction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.22.2. other data, interpretations. opinions and information contained in such reports or shown or indicated in such drawings, or 4.223. any CONTRACTOR interpretation of sir conclusion drawn from any 'technical data" or arty such data, interpretations, opinions or information 4.2.3. Notice of Differing Subsurface or Physical Condtions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either. 4.23.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.21 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.233. differs materially from that shown or E1CDC GENERAL CONDMOM 1910.8 (1990 Emtim) WICITY OF FORT COLLINS MODIFICATIONS OtEv 4na00) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, pretaptly immediately 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 pamgmph 623), notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNERS oMaining 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 Ductunents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work 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 and Times A,#uslmentr: An equitable adjustment in the Contract Price or in the Contract Tunes, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTORS cost o4 or time required for performance of the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pusuam to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 42.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.23. If OWNER and CONTRACTOR are tumble to agree on entitlement to or as to the amount or Icn&th of any such equitable adjustment in the Contract Price to Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in cormection with any other project or anticipated project 4.3. PhdnicalConaftions—UndergroundFaclUties. 4.3.1. Shown or Indcated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the: Supplementary Conditions: 43.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1 The cast of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown cr indicated in the Contract Documents,(iu) 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 paragmph6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Showrr 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 Documents, CONTRACTOR shall, printt#!v immediately after becoming aware thereof and be orc further disturbing conditions affected thereby or performinng any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and VCDC GEM AL cOMITOM 1910s (1990 E6tiai) cotCITY OF FORT COLUMMODIRCATION45 Qt V42000) give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time. CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Docmnents and that CONTRACTOR did not know of and could not reasonably have been to be aware of or to have anticipated. If OWNER amend CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12. However, OWNER, ENGINEER arxl ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Point. 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in lsNGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNIER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or lucatiom% and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioadive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs. Petroleum. Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in cormection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible �i? �NFIL-�G:T©Rshallftnmadiate47-fa)'#�sll 2nrdottseondiacan-and And 1;4QP5;E6R (and r such-ncaioe-in--writne}Ea6R-shah promptly eomult-x�Eg,coCrriing-the-neccssity.fex 9L> retain e qualified expert re-evaluate suclt �rzciivt�ae:ior�--ipea}}: 6OaFFR4f=FE3R�hell-rretbe rcquired�o-rearme�l'erk in litien-oi,4ri any fined an equired-pemtiis-related-thefeto-and--delivered-to that-suchc ndit:.,,n-.nd m"ffwAed-aree-ts,&� mnAeFrd safe lop 0'c (ii}spesi mganyspee el ca xliticvts under-vhiiehsuclt GONT4ZACTOR eitiflOrncst[-to-aF _e or such speri-al undeF*4uoh either] a ty may make e�aaimiherefor�s provided in J GQh7AkAGf6R-doeo-notagre to-resume-such-wor# U:;:01 the Vier,- that k in connection with-siNh4waardous eenditiotrer art suelrafleetad-area to be delete}-§em agreeas to entidement-to OF4he-amount-ore dentof an the a tlxr-party-Wray crake a<laimthere fcc-as proviElad�in portiotv_V `o# lx.ro w�Lrni d fond lop*thersinacaorAetwa wis}rArticle letiorrs;--9W-s1w11-indem".i:r-anci-held la —;less; CONTRACTOR. subcontractors; of#ir,rrs,,— r ors.- empkwees;-.-agams, -other earuu ![ants-end-euta;erx ntcttxs-of-each-ancf -any-<>< them-Gexn--end-ur_aimt-sl f-rriaim� -casts;-leases-rent owymegligence-. .._.r nz .. ._ � graphs-4:':tee., er-revealed-atthe -site - EJCDC OENFRAL CON'DITION51910-8 (1990 Euftim) w/ CITY OF FORT COLLINS MODIFICATIONS Qt N 4R000) ARTICLE S-BONDS AND INSURANCE Performance. Payment and Other Bonds. 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all 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 Conrad Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where art/ part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ton days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duty licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 53.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. QW-- ER -shell sddaKv&l--irti9ured-identified- ementary 63ap�dikieaa'-.. ..0 _ .._A ...Le. evidmwe of�tr8flce-reyuC+Aa+cl-lr rnw�,�P n�enR pamgrnphs S6end-54-hereof CONTR,ICTOR's Liabiffry Irrsamnce: 5A CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and famished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTR4CTOR'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' compensatiorq disability benefit and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOWs employers, ed-by--customary �ueh-person by other reaser4 5.4.5. claims for damages, other than to the Work itself; because of injury to or destruction of tangible properly 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 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9. include as additional insureds (subject to any customary excursion in respect of professional liability), OWNER, ENGINEER, ENGINEER', Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific covers es and be written for not less than the limits of liab pity provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations insurance; EJCDC TaULALCONXTIO s19108(1990Edtim) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 5.4.10. include contractual liability insurance covering CONrTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 633; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled materially changed or renewal refused until at least thirty days' prior written notice has been givers to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a oertificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Wort: in accordance with p aragraph 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 foal payment (and CONTRACTOR shall furnish OWNER and east other additional irrared 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. Property Luwn tee.• 5.6. L-Tnl� s•trtl�wiva}rvw� C-et>Fkiicros:-9W1tiTl�R- c.�_.'.'. _ .w'•.: -.',r ...sin rW an theWerk atthe site in the amelunt ef�lir-lull-r deduc tibks-AMO1i;♦F6—a6 m—the tttrntS) 1aisndi6ens er by chalk ws and 364, ina{cade tlx--interests--ot—{yWl�'Fil� GQA 9RAGTGR1 S,uFconresters I�6�fiEpG entitias-idaraified-ut�e-Supplemen[ary-F,OntlH.iorts: rack ofM,Vaxrrisdeenxello-hase-an-inwrsble iMtrest and-JWl be-lasted-actin -insured or addrtanuaI msurtx : t.6:2:---be--wriaea-«a-a F3uildc�s-Rislt�alf-risl:�r slaall--at-4,aa sluck-iaseus . ids-felseweFk • - • .�are-aaai�-et-least the--%Ik.cing-�erils�ae,��k� rig-eaertded eovaFag,�U»ft-vencielism--alx�malici<ws--nrischia{: movel. demE}itien Ste.' .crude--erperees-�ruurr-�„-:-.,--'`xe-FapaiF-or replacemLvft-of anY-iFLwFed-pFopeety{itteludit� but -not sFeltiLC0t4}; oF-et-ofteFher-bcetiar+-E�t�lvessgreei�,iirt�vFitin� by pFovided4im saeh-meteriak-andequiliment-heve been for ment-wernmended by-&4FrIIa�6R:-end 4 L [v � --w- ff�TiiaS�Rv-a•_.zaw�'mx`Q:-c8i@l-�Byn7eFti-15 thirty-dayg written -notice -to -each- other-4dditionel ism 5.7. IPTTE-AwH-purt4ww-und mtttn Mlfl bo le r as mFy 6a FeEfuiF�-by--ihr SuppirmenteFy-EondiLfottg or INGOW69PAGersul ntsendsny of her-pecsan&crentities identified in th h of wh m is deemed to have-en-irstlFabiaiHfaFe3t 931d9ileil-(ie-}19tad-a9 ffi t stt memtaumd- ), isteesoFdmxr welr{xtrsgrephs3.Fi the L{dd-(1['-3naidFlaL{y k an�,EA- oF-fomwetqefimed-uw4fk4ftst-4it iy-days'-pfior LP�7ER-and --� w}tem-a-oeFtiftEwta-4iree-ltea b�ed-wid-will once --with 5.9. OWNER shall not be regx=-ble for purchasing and maintainu>s any property insurance to protect the interests of COTNTRACTOR, Subcolmactors or others in .I- "I—,. .- aL ----� -`---. A-'-- 11--------•- •x--• --- iderai itiexns. The -Fisk -of loss,w,thin Bur, will be hofne by��2A>�ib4�91��tbsort3uer suc#t-is>�.�Ftd-t6snv�f-iheaFivishas-property-in.SUFo-rrce Enrage--within-ihe--Lim itv-oC-each-amewMs�--each-may purshawand mainuunitfit thepurthasei? owste.panw. 5A il-CI).47'{ 1EfOR Fryttasls itr-writing Iitet�IheF spesia . or Wria- Amendirmt. PROr-Eo EJCDC GENERAL cotDInoNs 19105 (1"0 emtim) 10 w/CITY OF FORT COLLINS MODIRCATIONS (ItEV4n000) cummeltcement of - the -1bor at-tha site. GViWER-shall-at w'fitiFw-aEkvi:u _such-gow ancr kl 5:4-4-O 'ERand-f policias-purel3ased-in glts-SEi end-5.7-will pr Subvanaffcturs-_-EFIG1�lEbIE ENGNBERIs 4-:O ukxn6' endsµ n the Stipple eeN tnSliFCdS-E�F-0ddlf IOt1A�ifi9ttFCd9-fn-9S6jNppllCle9-Bf1d mges caused by the s-severed-F..�.. sitdh-pal' in dte-event -ef-payttmFtt ofany��ass oF�iame�e the insureplAvip (WN14Z mid C-0�4%kGTGR waive all ikr-i;n..FeJ.x�s:- s ureds-�}tefeundL�: t. direetors,-employees-end-agenF _ All insgog_.ein__._ ,,n em any of the perilstxwere f-by such -policies endAmy ath iFl-fidtil tltNi,--W e1VC--6 fTW6L'O -P\ Fst1' xSa B aE3ntTElnrSS E4i6'n ltnrc Consultants and-aN-olhar-parsoretx�mitiE>s-itlantiFiad lised as I..� .L_ �L..- iFB tYer.e.4e-' to the rights that PIFI' makwig '$udl-we1V2F .•• • .Five te '. a pf ...i.. ..f pavffb}a-mtdar-any-PeLroY-sn tad _. aFs ENGI?RiER oC€atF��trearEtrs;-dtnpleYtes-eFtd-sgetus-oi-eny-of [heat._fOF 5-11.2-11098 d to to bus mess-eitaFrttptieetk ss of-twe--or- iAtr oEiteegtteta it--krs+ xtendinp beyond--dirw- %smage-ta eFtsittgotiteEor rasalting frt�tft i+Fe or ctlwr--peri}: whetkeF-oF--nut-iFtsuFed-byR�atd an}loss duma c0m%eqtwfk1a le Ensurers will have ghts-4 resevery e�irwt om of GQ'9iLAGT4PR7Subceontmctors; ' ke-c�47ic;e Receipt andApplication ojlnsrrance Proceeds. 5.12. Any insured loss tinder the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of arty applicable mortgage clause and of paragraph5.13. OWNER shall deposit in a separate account arty moray so received, and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of lass to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parries in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the less with the insurers I...�.J f ,1... Prep e exmanee ofPwh4eties.-�,�-•�--�F Acceptance of Bonds and insurance,• Option to Reptace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Bonds -or insurance required to be purchased and maintained by the e0ter petty CONTRACTOR in accordance with Article 5 on of non-conformance with the Contend Documents, the ebjeetirrgperty shell sc*rwti€y othc party OWNER will notify CONTRACTOR in wrihhtrttgg within tea fifteen days after feeeipt deliver of the car'ficates (er-t)th� fequested) to OWNER as required by paragraph 2.7. edter-su Ita ntation in respect of-ituwanea provide o uest—If-eithor Perty'�}oes-nX-Purr -tent insurance--r�tilw rail-�r�suckrpaRy—by--tha-Gottract wntiav ofsu(:h {ai=te-purehase-prier--to-ffi, art�erftlte the-Frquiredcever o . CrT remedv, -the (xhtw-patty-may-elad-to�trbtein-e"va]att Borxlscx-in_surancri yts-�LeresL9-al th�experauof-Fhr+arty--wtw-tees-required--Rot-provide-such Faxaract-Ffiee-eocorY Partial Uhh ation-Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EICDC GENERAL CONDITIONS 1910-9 (1990 E6tion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) Completion of all the Work such use or occupancy may be accomplished in accordance with paragraph 14.1 O, provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES SupervWon and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such shills and expertise as may be necessary to perform the Work in accordance with the Contract Documents CONTRACTOR shall be solely responsible for the means, methods, techniques. sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR sitall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTORSs representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, Materials and Egaiparent: 6.3- CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good disc' line 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 MNTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 49 hers in advance of anv Work to be Performed on Saturday. Sunday. Holidays or outside the Regular Working Hours. SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes 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). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the 6.4, Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools appliances, fuel, power, light, heat, telephone, water, sanaary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance. testing start-up and completion of the Work. 6.4.1. Purchasiriz Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing sod Risk Management Division or the City Clerks office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement orprodticcs containing cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the tract 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, toed, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragmph2.9) proposed adjustments in the progress schedule that will not charge 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. 6.62. 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. Subsrlruresand "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 12 EJCDC GENERAL COMTIOM 1910.8 (1990 Edtiai) w/ CITY OF FORT OOLLINS MODIFICA'11ONS OLEV 4r1000) 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 maternal 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 named and sufficiently similar so that no change in related Work will be roquired it may be considered by ENGINEER as an "or al" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substinnle Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. substitute items be accepted by ENGINEER from arryane other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the anent if any. to which the evaluation and acceptance of the pproposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion an time, whether or not acceptance of the substitute for use in the Work Will, require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all coats 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 CONTRACTOR shall =form not less than 20 considered by ENGINEER in evaluating the percent of the Work with its own forces (that is proposed substitute. ENGINEER m% require without subcornttactin¢) The 20 oercett requirement CONTRACTOR to furnish additional data ahcwt shall be understood to refer to the Wak�t o value oC the proposed substitute. which totals not less than 20 percent of the Contract Price. 6.7.1.3. CONRACTORSs Expense: All data to be provided by CONTRACTOR in support of any 6.8.2. the Supplutnantaw Conditieas Biddine proposed "or -equal" or substitute item will be at Documents require the identity of certain CONTRACTOR expense. Subcontractors. Suppliers or other persons or organizations (including those who are to furnish the 6.7.2. Substitute Construction Methods or principal items of materials or equipment) to be Procedures: If a r�ecific means, method, technique, submitted to OWNER itr edvenae ef�he--�eoifted sequence or praadure of construction is shown or date prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER and ENGINEER--and--if Documcrma, CONTRACTOR may furnish or utilize a c0"9^ A-C-TAR h-- submitted _ list ,L___c :_ substitute means, method, technique, sequence or aocadame-wWi—ilx Supplementary Cenditiotr;4 procedure of construction acceptable to ENGINEER. OWNBR's or ENGINTER's acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow ENGINEER, in ENGINEWs sole discretion, to by the date indicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Documents) of that expressly called for by the Contract Documents. any such -Subcemtrastor Su The procedure for renicw by ENGINEER will be similar to that provided in subparagraph 6-7.1.2. basis -of -reasonable objection -after -due investigation 6.73.Engineer's Evaluation: ENGINEER will be a eeepteble-suhsti.^^'., •` contract - ��ci1�be allowed a reasonable time within which to evaluate ae��d by the each proposal or submittal made pursuant to suck-substitutionand-en�pprspreta�Ftartge�rder paragraphs 6 7.11 and 6.7.2. FNi G1NEER will be the wsll sole judge of acceptability. No "or -equal. or constitute a condition of the Contract reetu r ng the substitute will be ordered installed or utilized without use of the named subcontractors. suppliers crother ENGINEER's prior written acceptance which will be persons or or(mttization on the Work unless prior evidenced by either a Clue nge Order or an approved wntten aooroval is obtained from OWNER and Shop Drawing. OWNER may require h"NGINEER. No acceptance by OWNER or CONTRACTOR to furnish at CONTRACTORSs ENGINEER of any such Subcontractor. Supplier or expense a special performance guarantee or other other person or organization shall constitute a waiver surety with respect to any "or -equal" or substitute. of any tight of OWNER or ENGINEER to reject ENGINEER will retard time required by defective Work. ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by 6_9. CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.71 and in making changes in the Contract 6.9.1. CONTRACTOR shall be fully responsible to Documents (or in the provisions of any other direct OWNER and ENGINEER for all acts and omissions contract with OWNER for work on the Project) of the Subcontractors, Suppliers and other persons occasioned thereby. Whether or not ENGINEER and organizations performing or furnishing any of the accepts a substitute item so proposed or submitted by Work under a d rect or indirect contract with CONTRACTOR. CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENGINSF,R and respoisble for CONTRACTOWs own acts and ENGINEERR's Consultants for evaluating each such omissions. Nothing in the Contract Documents shall proposed substitute item. create for the benefit of any such Subcontractor, Supplier or other person or organization any &S. Concerning Subcontractors, Suppliers and contractual relationship between OWNER or Viers: ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any 6.8.1. CONTRACTOR shall not employ any obligation on the part of OWNER or ENGINEER to Subcontractor, Supplier or other person or organization pay or to see to the payment of any moneys due any (including those acceptable to OWNER and such Subcontractor. Supplier or other pawn or ENGINEER as indicated in paragraph 6.8.2), whether organization except as may otherwise be required by initially or as a substitute, against whom OWNER or paws and Regulations. OWNER or ENGIN ER may ENGINEER may have reasonable objection. famish to am subcontractor. supplier or other person CONTRACTOR shall not be required to employ any or omanizstion evidence of amounts paid to Subcontractor, Supplier or other person or organization CONTRACTOR in accordance with to furnish or perform any of the Work against whom CONTRACTOR'S "Applications for Pavincre. CONTRACTOR has reasormbhe objection. EJCDC GM4ULAL CONDITIONS 1910 8 (1990 Ed6w) 13 w/ CITY OF FORT COLLINS MODIFICATIONS QtEV 412000) 6.9? CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subconrtractars, 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 Wort: to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of ony 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 pumard to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenevernny-such agreement provided in ef the agreemem-4m4m� Ct)NFR1C�OA-and-Ala-Stiba6nfi9('.cBFOF-Slrpp110F.-wkN ENGFNEEI�F�Gili) R5 onsuhants-end- 11-ether edditiot>alirtsurea� r.>T-, ;I --a- ^'--loges-and-damages-asused-by; efising-etttef-c>F-fesukir>g-tionr arm-efthe-pefilaeeveFecfHy` qa ilr paiietes and ARA, t t9Siln-(IFl4'-St3Cl1-p()I1etCrF2Q111ri Parent Fees and Rotialties.• 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent tights 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 extcra 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 in the performance of the Work or resulting from the incorporation in the Work of any invention design process, product or device not specified in the Contract ents. EJCDC GENERAL CONDITIONS 1910-5 (1990 Editim) 14 wi CITY OF FORT COLLINSNOD111CATIONS(REV 4r1000) Permim 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for alll construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there arc no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor 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 therefrom; however, it shall not be CONTRACTOR'S primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar takes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15,1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently in c=mted into the project. Said taxes shall not be included in the Contract Price. Address- Colorado Department of Revenue State Capital Anne 1375 Sherman Street Denver Colorado 90261 Sales and Use Taxes for the Slate of Colorado Regie 'onral Transvortation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All app iiable Sales and Use Taxes (including State collected taxes). on anv items other construction and buildir& materials physically utcornorated into the proiact are to he paid by CONTRACTOR and are to be included in amrooriate bid items. Use of fterntises. 6.16. CONTRACTOR shall confine corutruction equipment the storage of materials and equipment and the a atiors of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and casements, 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 arty such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly setae with such other parry by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim at 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. Durirg the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances. construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any pan of anv 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 endangertt. Record Documents- EJCDC OENERN. CONDITIOM 1910-8 (1990Edticn) w/ CITY OF FORT COUJM MCMICATIOM ptEV 411000) 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 mark during construction These record documents together with all approved Samples and a counterpart of ail approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiatirg, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of; and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein whether in storage on or off the site; and 6.20.3. 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 propertm y. All daage, injury or loss to any property referred to in paragraphs 6.20.2 or 620.3 caused, directly or indirectly, in whole min pan, by CONTRACTOR any Subcontractor. Supplier or am - other person or organization directly or indirectly employed by any of there to perform or furnish any of the Work or anyone for whose acts an of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable. and not attributable, directly or indirectly, in whole or in put, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Wok shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Sulntantial Completion). 6.21. Safetr Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the mamtaaung and supervising of safety precautions and programs. Hazard Communication Programs: 6.212. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard commtmicatiot information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulation. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR without special instruction or authorization from OWNER or ENGINEER is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 614. 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. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EJCDCOE4ERALCO1NDITION51910-$ UME(itim) 16 w/aTY OFFORTCOLUNS MODIFICATIONS QtE11412ooa) purposes required by paragmph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 61S Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabricaticm, shipping, handling, storage, assembly and installation pertaming to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 6.26. ENGINEER will review and approve Shop Dmwm&s and Samples in accordance with the schedule of Shop IhawirV 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 submttals will, alter installation or incorporation in the Work conform to the information given in the Contract Documents and be compatible with the design concept of the completed project as a functioning whole as indicated by the Contract Documents. ENGINEERS 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 e.xpressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a scrte item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by FNGTNEBR and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph h 6.253 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any, approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28, 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 pr or to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Wont: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of arp• disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 630. CONMACTOR's General Warran0p and Guarantee: 6.30.1. CONTRACTOR warrant and guarantees to OWNER_ ENGINEER and ENGINEFR'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 EXI)CGENMALCOM 71ONS191M(199oeauem) w/ CITY OF FORT COLUNS MODIFICATIONS OtEV 412000) 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 Docmets; 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 or 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 defective Work by OWNER Indenurffrcadon: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER EVGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, posses and damages (including, but not limited to, all fees and charges of engincers, architects attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that arty such claim, cost, loss or damage. (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible pro (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in pan ln, 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 Wort: or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity, 632. 1n any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers. directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or famish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph6.31 shall not be limited in any way by any limttauon on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under worked compensation acts, disability benefit acts or other employee benefit acts 6.33. The indemnification obligations of CONTRACTOR under paragraph 631 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or om issions of any of them. &u-WvW ofObhgatiorts 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payrnem, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Relased 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 (ii) 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 m to the amount or extent thereof. 72. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with O'ANM's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly correct and coordinate the World with thews Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several pans come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and respcnsibilities of CONTRACTOR tinder this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EJCDC OENER.9L CONDITIOM 19105 (1990 E(itim) 18 wl CITY OF FORT COLUM MODIFICATIONS (REV 417000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work CONTRACTOR's failure so to report will constitute an acceptance of such other wort; as fit and proper for integration with CONTfRACTOR's Work except for latent or nompparent defects and deficiencies in such other work. Coordination: 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 wil I have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8 OWNER'S 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTORthroughENGINEER. 8.2. In rase of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom-£-9PiT�4C-IAR--makes-flo-reesormble bbjectiork whose status under the Contract Documents shall be that of the former ENGINEER 83. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNERSs duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs4.1 and 4.4. Paragraph 4.2 refers to OWNERS identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documentsand ffifiintamn:— —A fortkin-pere}ephsSrlirottgh-5-1t} 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 pamgaph 13.4_ 8.8. In connectitm with OWNER's right to stop Work or suspend Work, see paragraphsl3.10 and 15.1. Paragraph 15.2 deals with OIR's right to terminate sconces 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. i}it4 in roast--e€-undisokhsed Asbestos; phis, pet£elew"7 ink Radieaetive-fetcYmisiHleBVered-fr E2Ve@led-acuziiie-a et forth in paragraph .I c nnwrro ♦rrno - Feflffeffibl, _ i JeflOµ--mew—ivm.mai arrangements haven—mad�to—set sfy-91PF1's omtim rrspensibiliry-in-reslxot-tlterrof-;will-br -as-setfiertlt-in-the Supplementary-Conditioris ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION OW7VER's Repremda6-c: 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 Kd& to Me. 9.2. ENGINEER will make visits to the site at intervals app��xxoo��ttate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC GENERAL CONDIIIONS 1910-8 (1990 Ediim) w/ CITY OF FORT C011J NS MODIFICATION (REV 42000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based an 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 decree 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 an the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Repraenia&e: 9.3. if OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 and in the Supplementaty Gonditions 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 931 The Representatives dealings in matters pertaining to the on site work will, in ReneraL be with the ENGINEER and CONTRACTOR But. the Representative will keep the OWNER properly advised about such matters The Representative's deal with subcontractors will only be through or wrath the full krtowleipe arid apiroval of the CONTRACTOR 9.3.2 Duties and Responsibilities. Representative win: 9.3 2.1.5chedules - Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9.3.2.2, Ccnfercnccs and MxtW - Attend meeting with the CONTRACTOR such ens txeconstruction conferences, progress meetings and other Fob conferences and prepare and cueulate oopLas of minutes of meetings._ 9323. Liaison 9.3.2.3.1. Serve as ENMEER'S liaison with CONTRACTOR working principally through CONTRACTORS superintendent to artist the CONTRACTOR In arderstandmg the Contract Documents. 9.3.2.3.2. Assist in obtaining from OWNER additional details or informatioii when required, for proper execution of the Work. 9.3.2.3.3. Advise the F.NGTNEER and CONTRACTOR of the commencement of any Work requiring a Shop DrawupE•`r sample submission if the submission has not been apt U ved by the ENGINEER. 9.3.2.4.Review of Work. Rejection of Defective Work. Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in p�ngress to assist the ENGINEER in dcurmining that the Work is procading in accordance with the QvItract Documents. 9.3.2.4.3. Accom nv visiting inspectors representing public or other agencies having itav5diction over the Project. record the results of these inspections and report to the ENGINEER. 9.32.5. Interpretation of Contract Documents. Report to ENGIlVEER when clarifications and etatM of the Contract Documents are nee and iransnpit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the Caen retry 9.3.2.6. Modifications Consider and evaluate CONTRACTOR'S suggestions for EJCDC GENMAI. CONDITIONS 1910E (1990 Edaian) 20 w1 CITY OF FORT COLLINS MODIFICATIONS akEV 4I2000) modification in Drawings or Specifications and report these recommendations to FNGINEER- Acc tel transmit to CONTRACTOR decus ons issued by a INGINFER 9.3.2.7. Records. 93.281 Furnish ENGIlVEER Sri Teponrts as required. of the progress of the Wok and of the CONTRACTORS compliance with the peeress schedule and schedule of sho Drawing and sample submittals, 9.3.2.8.2. Ca ndt with ENGINEER advance of scheduling major tests m�ettions or start of imoortam phases of the Wank 9,3.2.8.3. Draft proposed Change Orders and Work Directive Changes obtaining backup materiel from the CONTRACTOR and recgmmend to ENGINEER Chanac Orders. Work Directive Changes and field orders. 9.3.2.8.4. Report immediately to ENGINEER and OWNER the occurrence of any accident. 9.3.2.9. Payment Requests. Review applications for pavmem with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to ENGINEER noting particularly the relationship of the Qeyment requested to the schedule of values. work coon 1gL d and materials and ui delivered at the site but not incomoratod mftize Work. 9.3.2.10. Completion. 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items rcauuya correction or completion 9.3.2.10.2. Conduct final inspection in the oomtxmv of the ENGINEER. OWNER and CONTRACTOR and prime are a final iist of items to be corrected or completed. 9.3.2,10.3. Observe that all items on the final list have been corrected or completed and make recommendation to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority' The Representative shall not: 9.3.3.1. Authorize arw deviations from the Contract Documents or acco my substitute materials or equipment unless authorized by the ENGINEER 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Doctmtems, 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR. Subcontractors or CONTRACTOR'S superi uggknt. 9.3.3.4, Advise on or issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or orooedures for construction unless such is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions precarltipns and muaams in connections with the Work. 93.3.6. Aac�t Shop Drawings or sample submittals from anyone other than the CONTRACTOR 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part. 9.3.3.8. Participate in specialized field or tabomtory tests or inspections conducted by others except as specifically authorized by the ENGINEER Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EXIX OENMAL COMA7T0;151910.8 (1990 Man) wt CITY OF FORT COLUM MODIFICATIONS OLEV 42000) 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 extern thereoL if any. OWNER or CONTRACTOR may make a written claim therefor as provided in Article I or Article 12. Authoriked PkKadons in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price 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 on CONTRACTOR who shall perform the Wort: urvolved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the patties are unable to agree as to the amount or e.�Unt thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will net 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 Wore: as provided in paragraph 139, whether or not the Work is fabricated, installed or completed Shop Drawings, Change OrdersandPal'meats: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, s Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Dderminations for Urrit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER'S preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 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 ENG114EER written notice of intention to appeal from ENGRN'EER's decision and (i) an appeal from ENGINEER's decision is taken within the time Limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputer 9-11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles i 1 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of 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 ocaarrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph ENGINEER's written decision on such claim, dispute or other matter will be 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 rcocedures set forth in EXHIBIT GC -A, "Dispute esolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENG]NEER'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 foam 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 E)CDC GENEIM CONDITIONS 191" (1990 Editim) 22 w/CITY OF FORT OOI.UMMODIFICATIONS(REV412000) 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 partiality to OWNER or CONTRACTOR and will not be it able it connection with any interpretation or decision rendered in good faith in such rapacity. 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 arw 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 matterpursuan6to-Aruoleab. 9.13. Limftalions on ENGINEER's Authority and ReAponsibiGries: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents no 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 and programs incident thereto. or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responstblc for CONTRACTOR's failure to perform of 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 instruction, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by pamgmph 14.12 will only be to determine generally that their cement complies with the requirements oL and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE \PORK 10.1. Without invalidating Agreement and without notice to any surety, O 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 Charge Directive. Upon receipt of any such document, CONTRACTOR shall prompt])- proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are tumble to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article i 1 or Article 12. 10.3. CONTRACTOR shall not he entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph6.23 or in the rase of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10A 1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii)required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iu) agreed to by the parties; 10.42 changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may, be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CONTRACTOR shall 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 E.I000 GIET'I &AL CONDIIIOM 1910F(1990 EAtim) w/ CITY OF FORT ODLUM MODIFICATIONS QtEV 42000) (includiig, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a suretyry, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONf RACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (lot in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or 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 Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3. t. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3. inclusive): 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work.- 11A. The term Cost of the Work means the sum of all costs necessarily inured and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph I I.5: 11A.I.Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintcndents, foremen and other personnel employed full-time at the site. payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work Payroll costs shall include but-ra he limited to; salaries and wages plus the cost of fringe berrehts which shall include social security contributions, unemployment, excise and payroll taxes, workers' compernsation health and -retirement benefits, —bonuses: aWf leav�,ti applicable thereto. The expanses of performing after regular working hours, on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts. rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNNER, FICDCOEMRAL CON'DIAONS 19105 (1990 E(fitim) 24 w/©TY OF FORT OOUINS MODIFICATIOM QtEVV2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphsll.4, 11.5, iL6 and 119_ All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects testing laboratories. surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation. travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cast, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which arc consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER and the costs of transportation loading, unloading. installation dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment. machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11A.5.4. Sales consumer, use or similar takes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR., any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and fun shine of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.91 provided they have resulted from causes other than the ne igence of CONTRACTOR, any Su star, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. It; however. any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR stall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.537 The cost of utilities, fuel and sanitary facilities at the sae. 11.4.5.8. Minor expenses such as telegrams, Icing distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cast of premiums for additional Bonds and inntmnce required because of changes in the Work. 11.5. The tens Cost of the Work shall not include any of the following: 11.5.1. Payroll casts 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 brunch office for eneaI administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.52. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 1153. Any pan of CONTRACTOR'S capital expenses, including interest an CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 115.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to ourchase and maintain tlic same (except for the cost o(pr-cmiums covered by subparagral:in 11.4.5.9 above). VCDCaENERnt,COrminors lvlos (19"Edtian) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 113.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose ads any of them may be liable, including but not lunited to, the correction of defective Work disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the curls of any item not specifically and expressly included in paragraph 11 A4 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upm then a fee Rased on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.22. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent. 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cast of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 1142 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the casts incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tie Subcontractor and CONTRACTOR will each be paid a fee of five persarrfef-tl e-amount paid to to be ne¢otiated in good faith with the OWNER but riot to emoted five percent of the amount maid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 115; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for airy chmtge which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the ret 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 determined pursuant to paragraphs 11.4 and 11.5. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash.4llowances: 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 frnished and performed for such suns as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: M8.1, the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equtpmem required by the allowances to be delivered at the site, and all applicable taxes and 11.8.2. CONTRACTOR's casts for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allcnvances and no demand for additional payment on account of any of the foregoing will be vand Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work 11.9.1. Where the Contract Documents provide that al I or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the 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 Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount ccrisidered by CONTRACTOR to be adequate to cover CONTRACTORS overhead aril 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; EICDC OMPLAL CONDITIOM 1910-8 (1990 EMOR) 26 w/ ©TY OF FORT 0MUNS MODIFICATIONS QtEV 42000) and 11.9.31. 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 insured additional expense or OWNER believes that OWNER is entitled to a decrease in Contras Price and the parties are unable to agree as to the amount of any such increase or decrease. 119.3.4. CONTRACTOR acknowlcdkcs that the OWNER has the right to add or delete items in the Bid or change ouantities at OWNER'S sole discretion without as ecting the Contract Price of any remaining tent so lortlt as the deletion or addition does not exceed twenty-five Percent of the anginal total Contact Price. ARTICLE 12--CHANGE OF CONTRACT 1MUES 12.1. The Contract Times (or Milestones) may only be changed by a Charge 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 paragmph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12 1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 123. 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 paragraph 12.1. Delays beyond the control of CO1-TrR4CTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays nttributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times OWNER �) due toay awn extension of } e Contract Times (or Milestones) in an amount equal to the time last due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any outer 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 DEFECTIVE WORK 13.1- Nodee ofDefeds: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work.• 13.2. OWNER ENGINEER ENGINEER's Consuhants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at zees lo-times for their observation inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspedions 13.3. CONTRACTOR stall 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 inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. Oat costs incurred in cormection with tests or inspections conducted pursuant to paragraph 13.9 EXDC GENERAL CONDITIOM 1910.8 (1990 Echlin) w/ QTY OF FORT GUW NS MODIFICATIONS (REV 4/1000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body. CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNERS and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tee or approved is cowered by CONTRACTOR without written eommuen a of ENGINEER, it mast, if requested by ENGINEU, be uncovered for observation. 13.7. Uncovering Work as pprrovided 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. Uncm•ering Work. 13.5. If any Work is covered contrary to the written request of LWGRgM?, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR'S expense. 13.9. if ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEM may require, that portion of the Wort: in question fumishatg all necessary labor, material and equipment If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and. if the parties are unable to agree as to the amount thereof; may make a claim therefor as provided in Article 11. IL however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection. testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and U OWNER May Stop the Work. 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the 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 the right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work• 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, casts, losses and damages caused by or resulting from such correction or removal (including but riot limited to all costs of repair or replacement of work of others). 13.12. Correction Period- 13.12.I. If within eae-yeaf two years alter 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 am specific provision of the Contract Documents. any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Wort: removed and replaced and all claims, casts, lasses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.122.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment 13.12.3. Where defective Work (and damage to other EXW OEPh1 & CONDITIONS 191M (1990 Editim) 28 WICITY OF FORT ODLLINS MODIFICATIONS (REV 412000) Work resulting therefrom) has been corrected. removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of eae yeer two Year after such correction or removal and replacement has been satisfactorily completed Acceptance of Defective Work• 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all clauns costs losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Wodc; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14, If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents. OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, coroRnraion equipment and machinery at the site and in�otpoete in the Work all materials and equipment storm at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shell allow OWNER OWNER's representatives. agents and employees. OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this pamgaph 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 reseed to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such ela ens, casts, losses and damages will include but not be limited to all casts of repair or replacement of work of others destroyed or damaged byy correction removal or replacement of CONTRAcIrms defective Work. CONTRACTOR shall not be allowed an extension of the Contract Tines (or Mlestones) because of any delay in performance of the Work attributable to the care a by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYWNTS TO CONTRACTOR AND COMPLETION Schedule of {'aloes. 14.1. The schedule of values established as provided in paragraph'_.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed Application for Progrecc Payment.• 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 Apppplication for Payment filled out and signed by CONTRA .OR covering the Work completed as of the date of the Application aril 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 W in writing the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other aringemer" to protect OWNER's interest therein all of which will be satis6rclory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Anv funds that are withheld byfe OWNER shall not be subject to substitution by the CONTRACTOR with securities or anv ements involvine an escrow or custodianship. By exec rtam the application for uavment form the CONTRACTOR a craessly waives his hod to the benefits of Colorado Rev sect Statutes Section 24-91-101 et sea. COMR4CTOR's Warranty of Tide: 14.3. CONTRACTOR warrants and guaramees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Lies. Review of ApplicationsforProgrem Payment 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a E1cDCGENERAL CON MONs191os(1990Edtim) wt CITY OF FORT COLLINS MODIFICATIONS (REV 412000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER'S reasons for refusing to recommend payment In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEERS recommendation the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER'S recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.52. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to amr other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (t) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (u) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER m 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, mcthods, techniques, sequences or procedures of cons"ction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14-7. ENGINEER may refuse to recommend the whole or any part of any payment iE in ENGL\EER's opinion it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently, discovered evidence or the results of subsequent inspections or tests, nullify arty such payment previously recommended to such extent as may be necessary in ENGIlN'EER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. 147.3. 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 CONTRACTOWs performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. therc are other items enticing OWNER to a set- 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 15'2.1 through 15.2.4 inclusive, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withhheld, or any atustment thereto agreed to by OWNER and CONTRACTOR. when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in wrong 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 deterntinc the status of completion. If ENGINEER does not consider the Work substantially complete, ENGIIN-EER will notify CONTRACTOR in writing giving the reasons therefor. if ENGINEER EXVCOENERAI. CONDITIO`8191" UM E(fition) 30 w/(3TY OFFORT COWM MODIFICATIONS QtEV42000) 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 final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after cortsideting such objections ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing. stating the reasons therefor. I& after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of rtspormbilhies 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 ENGINEl72 in writing prior to ENGINEER's issuing the defiritive certificate of Substantial Completion, ENGDTEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial UGGwBon: 14.10, Use by OWNER at OWNER's option of any substantially completed part of the Work, which (i) lies specifically been identified in the Contract Documents, or (if) OWNER. ENGINEER and CONTRACTOR We constitutes a separately functioning and usable part of the Wort: that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.01VNER 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 V} pazt of the Work is substantially complete and request MEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14 9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of pan of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a fatal ' ion with OWNER and CONTRACTOR and will noy CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bouts, certificates or other evidence of insurance required by paragraph 5A, certificates of inspection, marked -up record documents (as provided in paagraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (tu) 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: n 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 OWNERSs property might in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails EJCDC GMgE M CONIHTIOM 1910$ (1990 Edda) w/ CITY OF FORT COLAt a MODIRCATIONS OLEV 42000) to furnish such a release or receipt in full. CONTRACTOR may famish a Bond or other collateral satisfactory to OWNER to indemnify OWNER agami st any Lien Releases or waivers of liens and the content of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNER'S standard farms bound in the Protect manual. Feral Payment andAeeeptance: 14.13. If, on the basis of ENGINEER'S observation of the Work during construction and final inspection, and ENGINEE'R'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 Contact Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will became due and will be paid by OWNER to CONTRACTOR 2bicct to mrangraph 17,62 2 of these General Conditions 14.14. If. through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion or the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims_ Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from daJectrve Work appearing after 31