Loading...
HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - CONTRACT - BID - 8014 MAX BRT GATE OPERATION AND TRAIN NOTIFICATIONCity of F6rt Collins u r tha s in ag SPECIFICATIONS _►D Financial Services Purchasing Division 215 N. Mason St 2" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing CONTRACT DOCUMENTS FOR MAX BRT GATE OPERATION & TRAIN NOTIFICATION BID NO. 8014 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS OCTOBER 28, 2014 - 3:00 P.M. (OUR CLOCK) 10.3. 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. 10.4. 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. 10.5. 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. 10.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 10.7. 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. 10.8. The address and telephone number for communications regarding the Bid shall be shown. 11.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 12.0 SUBMISSION OF BIDS. 12.1. 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 Form, 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. 12.2. 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. 12.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 12.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 13.0 MODIFICATION AND WITHDRAWAL OF BIDS. (This page left blank intentionally.) EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) 35 w! CITY OF FORT COLLINS MODIFICATIONS (REV 412000) EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtiou) 36 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to 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 a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, 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 any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involvmg the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators 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 and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -Al EJCDC GENERAL CONDITIONS 1910.8 (1990 Edilim) GC -Al w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC5.1 — Performance, Payment and Other bonds: Delete the entire paragraph SC5.3.2 - Add the following: The following shall be added as additional insured: City of Fort Collins Ditesco, LLC SC5.4.8 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). SC6.5 Contractor Responsibilities - Amended in its entirety to read: All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties, if any, provided in the Specifications shall run specifically to the benefit of Owner. If required by Engineer prior to final payment as provided for herein, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of the materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. SC6.30.1. - Contractor General Warranty and Guarantee 6.30.1.1.1 Specific Warranties. Contractor further warrants and guarantees that any Work covered by a specific warranty provision contained in the Specifications shall be performed in accordance with the applicable warranty and any such Work shall conform to the warranty requirements during the warranty period stated in the specific warranty. SC8.10 OWNER'S Project Manager A. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER'S representative during the construction of the project. The Project Manager shall have the authority set forth in the OWNER'S Capital Project Procedures Manual. The Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work, or for any failure of the Contractor to comply with laws and regulation applicable to the performance or furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Resident Construction Inspector(s) (RCI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any RCI assignments. The RCI 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. The RCI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The RCI's dealings in matters pertaining to the on -site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule 0 days lost due to abnormal weather conditions. All weather days must be documented and approved by City's Project Representative. SC-17.6.1 Delete the complete paragraph SC — FED Federal Requirements A. The clauses on the following pages are hereby added. SC — DB Davis Bacon Wage Rates A. The clauses on the following pages are hereby added. 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. General Decision Number: C0140024 01/24/2014 CO24 Superseded General Decision Number: CO20130024 State: Colorado Construction Type: Highway Counties: Larimer, Mesa and Weld Counties in Colorado. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01 /03/2014 1 01 /24/2014 * ENG10009-012 10/23/2013 Rates Fringes POWER EQUIPMENT OPERATOR: (3)- Drill Rig Caisson (smaller than Watson 2500 and similar) ............. $ 24.73 9.15 (4)-Oiler WeldCounty..................................................................................$ 24.88 9.15 (5)-Drill Rig Caisson (Watson 2500 similar or larger) ........................... $ 25.04 9.15 SUCO2011-009 09/15/2011 Rates Fringes CARPENTER Excludes Form Work........................................................................$ 20.72 5.34 Form Work Only Larimer, Mesa ............................... ................................................. $ 18.79 3.67 Weld..............................................................................................$ 16.54 3.90 CEMENT MASON/CONCRETE FINISHER Larimer...........................................................................................$ 16.05 3.00 Mesa..............................................................................................$ 17.53 3.00 Weld...............................................................................................$ 17.48 3.00 ELECTRICIAN Excludes Traffic Signalization Weld..............................................................................................$ 33.45 7.58 Traffic Signalization Weld..............................................................................................$ 25.84 6.66 FENCE ERECTOR Weld...............................................................................................$ 17.46 3.47 GUARDRAIL INSTALLER Larimer, Weld. ................................................................................. $12.89 3.39 HIGHWAY/PARKING LOT STRIPING: Painter Larimer........................................................................................... $ 14.79 3.98 Mesa.............................................................................................. $ 14.75 3.21 Weld...............................................................................................$ 14.66 3.21 IRONWORKER, REINFORCING (Excludes Guardrail Installation) Larimer, Weld..................................................................................$ 16.69 5.45 IRONWORKER, STRUCTURAL (Excludes Guardrail Installation) Larimer, Weld..................................................................................$ 18.22 6.01 LABORER Asphalt Raker Larimer..........................................................................................$ 18.66 4.66 Weld..............................................................................................$ 16.72 4.25 AsphaltShoveler.............................................................................$ 21.21 4.25 Asphalt Spreader.............................................................................$ 18.58 4.65 Common or General........................................................................$ 16.29 4.25 Concrete Saw (Hand Held)............................................................... $ 16.29 6.14 Landscape and Irrigation..................................................................$ 12.26 3.16 Mason Tender-Cement/Concrete...................................................... $ 16.29 4.25 Pipelayer Larimer.......................................................................................... $ 17.27 3.83 Mesa, Weld....................................................................................$ 16.23 3.36 Traffic Control (Flagger)...................................................................$ 9.55 3.05 Traffic Control (Sets Up/Moves Barrels, Cones, Install Signs, Arrow Boards and Place Stationary Flags)(Excludes Flaggers) Larimer, Weld.................................................................................$ 12.43 3.22 PAINTER (Spray Only).........................................................................$ 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown Larimer..........................................................................................$ 26.75 5.39 Mesa,Weld.....................................................................................$ 23.93 7.72 AsphaltPave...................................................................................$ 21.50 3.50 Asphalt Roller Larimer..........................................................................................$ 23.57 3.50 Mesa............................................................................................. $ 24.25 3.50 Weld..............................................................................................$ 27.23 3.50 Asphalt Spreader Larimer..........................................................................................$ 25.88 6.80 Mesa, Weld....................................................................................$ 23.66 7.36 Backhoe/Trackhoe Larimer.......................................................................................... $ 21.46 4.85 Mesa.............................................................................................$ 19.81 6.34 Weld..............................................................................................$ 20.98 6.33 Bobcat/Skid Loader Larimer..........................................................................................$ 17.13 4.46 13.1. 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. 13.2. 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. 13.3. 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. 14.0 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. 15.0 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. 16.0 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 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 Mesa, Weld....................................................................................$ 15.37 4.28 Boom..............................................................................................$ 22.67 8.72 Broom/Sweeper Larimer.......................................................................................... $ 23.55 6.20 Mesa.............................................................................................$ 23.38 6.58 Weld..............................................................................................$ 23.23 6.89 Bulldozer Larimer, Weld.................................................................................$ 22.05 6.23 Mesa.............................................................................................$ 22.67 8.72 Crane.............................................................................................$ 26.75 6.16 Drill Larimer, Weld.................................................................................$ 31.39 0.00 Mesa.............................................................................................$ 35.06 0.00 Forklift............................................................................................$ 15.91 4.68 Grader/Blade Larimer..........................................................................................$ 24.82 5.75 Mesa............................................................................................. $ 23.42 9.22 Weld..............................................................................................$ 24.53 6.15 Guardrail/Post Driver........................................................................$ 16.07 4.41 Loader (Front End) Larimer.......................................................................................... $ 20.45 3.50 Mesa.............................................................................................$ 22.44 9.22 Weld... .................. ................................ ................................... ...... $ 23.92 6.67 Mechanic Larimer.......................................................................................... $ 27.68 4.57 Mesa............................................................................................. $ 25.50 5.38 Weld..............................................................................................$ 24.67 5.68 Oiler Larimer.......................................................................................... $ 24.16 8.35 Mesa.............................................................................................$ 23.93 9.22 Roller/Compactor (Dirt and Grade Compaction) Mesa, Weld....................................................................................$ 21.33 6.99 Roller/Compactor (Dirt and Grade Compaction Larimer.......................................................................................... $ 23.67 8.22 Rotomill Larimer... ....................................................................................... $ 18.59 4.41 Weld..............................................................................................$ 16.22 4.41 Scraper Larimer.......................................................................................... $ 21.33 3.50 Mesa............................................................................................. $ 24.06 4.13 Weld..............................................................................................$ 30.14 1.40 Screed Larimer.......................................................................................... $ 27.20 5.52 Mesa..............................................................................................$ 27.24 5.04 Weld..............................................................................................$ 27.95 3.50 Tractor............................................................................................$ 13.13 2.95 TRAFFIC SIGNALIZATION: Groundsman Larimier.......................................................................................... $ 11.44 2.84 Mesa..............................................................................................$ 16.00 5.85 Weld...............................................................................................$ 16.93 3.58 TRUCK DRIVER Distributor Larimer.......................................................................................... $ 19.28 4.89 Mesa... .......................................................................................... $ 19.17 4.84 Weld..............................................................................................$ 20.61 5.27 Dump Truck Larimer.......................................................................................... $ 18.86 3.50 Mesa............................................................................................. $ 15.27 4.28 Weld..............................................................................................$ 15.27 5.27 Lowboy Truck Larimer.......................................................................................... $ 18.96 5.30 Mesa,Weld.....................................................................................$ 18.84 5.17 Mechanic........................................................................................ $ 26.48 3.50 Multi -Purpose Specialty & Hoisting Truck Larimer, Mesa................................................................................ $ 16.65 5.46 Weld..............................................................................................$ 16.87 5.56 Pickup and Pilot Car.........................................................................$ 13.93 3.68 Semi/Trailer Truck........................................................................... $ 18.39 4.13 Truck Mounted Attenuator................................................................$ 12.43 3.22 Water Truck Larimer.......................................................................................... $ 19.14 4.99 Mesa............................................................................................. $ 15.96 5.27 Weld..............................................................................................$ 19.28 5.04 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION FEDERAL TRANSIT ADMINISTRATION FEDERAL TERMS & CONDITIONS NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et sec. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Operationa I Service Contract Turnkey Constructio n Architectural Engineering Acquisitio n of Rolling Stock Professional Services I State Grantees a. Contracts below None Those None None None None SAT ($100,000) imposed on state pass thru to b. Contracts above None Contractor Yes, if non- None unless None None unless non- $100,000/Capital unless competitive non- unless competitive award Projects non- award or if competitive non- competitive funded thru2 award competitiv award 5307/5309/5 e award 311 II Non State Grantees a. Contracts below Those SAT ($100,000) Yes3 imposed on Yes Yes Yes Yes non -state b. Contracts above Grantee $100,000/Capital Yes3 pass thru to Yes Yes Yes Yes Projects Contractor Sources of Authority: '49 USC 5325 (a) 2 49 CFR 633.17 318 CFR 18.36 (i) 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. TERMINATION A. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. B. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. C. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. D. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 5%. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. (if no separate contract goal has been established, use the following) The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the City of Fort Collins. In addition, is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed. e. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment 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. 17.0 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 insurance certificate. 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. 18.0 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. 19.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 20.0 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. 21.0 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 This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows The certification in this clause is a material representation of fact relied upon by {insert agency name). If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. CARGO PREFERENCE REQUIREMENTS Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of - lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities bV ocean vessel. 11. DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS Background and Application The Davis -Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that "at least partly are financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a). 'Construction,' for purposes of the Acts, includes "actual construction, alteration and/or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below. The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied. Clause Language Davis -Bacon and Copeland Anti -Kickback Acts (1) Minimum wages — (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v) (A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding — The City of Fort Collins shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the City of Fort Collins may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records — (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii) (A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City of Fort Collins for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees — (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility — (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Backaround and Application The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts "financed at least in part by loans or grants from ... the [Federal] Government." 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non -construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any "contract in an amount that is not greater than $100,000." 40 USC 3701(b)(3) (A)(iii). The Act applies to construction contracts and, in very limited circumstances, non - construction projects that employ "laborers or mechanics on a public work." These non - construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed "commercial items." 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below. The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model clause below should be coordinated with counsel to ensure the Act's requirements are satisfied. Clause Language Contract Work Hours and Safety Standards (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore- shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 13. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 14. RECYCLED PRODUCTS Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 15. ADA Access Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et seq. and DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37" and Joint ATBCB/DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB's "Americans with Disabilities Act Accessibility Guidelines" (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37. 16. CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing(cD_fcgov.com or calling 970-221-6775. SECTION 00300 BID FORM SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: MAX BRT Gate Operation & Train Notification CONTRACTOR: H&H Data Services Inc. PROJECT NUMBER: 8014 DESCRIPTION: 1. Reason for change: 2. Description of Change: _ 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: 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: 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. Date: By: $0.00 CONTRACT AMOUNTS Bid Item Unit Number Description Quantity Units Price Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $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 APPLICATION FOR PAYMENT Work Work Completed Completed This Previous Month Periods Qty Amount Qty $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Work Completed To Date Amount Qty $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAGE 2 OF 4 Stored Materials Total This Earned Percent To 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 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 PAGE 4 OF 4 Installed On Hand This This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 PROJECT MANUAL TABLE OF CONTENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION CITY OF FORT COLLINS Section No. Subject Page(s) DIVISION 1—GENERAL REQUIREMENTS 01 1100 Summary of Work..............................................................................................01 11 00-05 01 1400 Work Restrictions...............................................................................................01 14 00-02 01 2900 Schedule of Values............................................................................................01 29 00-02 01 31 13 Project Management and Coordination.............................................................01 31 13-02 01 31 19 Project Meetings................................................................................................01 31 19-03 01 3216 Construction Project Schedules.........................................................................01 32 13-03 01 3300 Submittal Procedures.........................................................................................01 33 00-07 01 4500 Quality Control...................................................................................................01 45 00-04 01 5200 Temporary Construction Facilities.....................................................................01 52 00-04 01 5700 Traffic Regulation...............................................................................................01 57 00-03 01 5713 Temporary Erosion and Sediment Control........................................................01 57 13-03 01 7500 Startup and Testing of Equipment.....................................................................01 75 00-02 01 7700 Close Out Procedures........................................................................................01 77 00-04 01 7823 Operations and Maintenance Data.................................................................... 01 78 23-02 DIVISION 26—ELECTRICAL 26 05 19 Low -Voltage Electrical Power Conductors and Cables.....................................26 05 19-05 DIVISION 40—PROCESS INTEGRATION 4091 00 Instrumentation and Control Components.........................................................40 91 00-05 END OF CONTENTS October 2014 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 11 00 SUMMARY OF WORK SECTION 01 11 00 —SUMMARY OF WORK PART 1- GENERAL 1.1 SECTION INCLUDES A. Clarification of Roles B. Work covered by contract documents C. Work by Owner D. Work by others E. Contractor use of site and premises F. Work sequence G. Contractor qualifications H. Easements and right-of-way I. Protection of property J. Maintenance of traffic K. Barricades and lights L. Salvage, recycle, reuse rights M. Regulatory requirements N. Coordination 1.2 RELATED SECTIONS A. Section 01 22 00—Measurement and Payment B. Section 01 77 00—Contract Closeout 1.3 CLARIFICATION OF ROLES A. The following roles are defined for the project and all references herein refer to the listed parties: 1. Engineer/Owner's Representative/Resident Project Representative: Ditesco 2. Owner: City of Fort Collins Engineering Department 3. Contractor: Successful Bidder 1.4 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of this Contract consists of installation of wiring and equipment to allow the City of Fort Collins and Transfort to operate gates remotely, and detect train locations parallel to the guideway. This information will be utilized to streamline operations. Issue for Construction: 01 11 00-1 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 11 00 SUMMARY OF WORK B. Furnish all materials, equipment, supplies, and appurtenances; provide all construction equipment and tools; and perform all necessary labor and supervision. C. Pull wire through existing conduit infrastructure, previously installed during the MAX BRT project. D. Coordinate the progress of the Work including coordination between trades, subcontractors, suppliers, and Owner to ensure the progress of Work. E. It is the intent of this contract that Work proceed in the most expeditious manner possible. F. The Work included in the guaranteed maximum price contract comprises all work completed by the Contractor to complete the MAX BRT Gate Operation and Train Notification Project. The project includes tasks described herein and as outlined on the project plans. 1.5 WORK BY OWNER A. The Contractor will be expected to coordinate project construction activities with the Owner. The Owner will be responsible to complete the following items: 1. The Din Rail Mounting Bracket will be procured by the Owner for contractor assembly and installation. 2. Owner will terminate copper wire in traffic communications cabinets (wire pulled to this location by Contractor). 3. The Owner will procure and provide to the Contractor eight (8) Moxa 1214-T for Contractor installation. B. The City of Fort Collins Traffic Department will be responsible for terminating wire at all Traffic Controller Cabinets. Contractor is to pull wire to the traffic box adjacent to each traffic controller. The Contractor shall contact Britney Sorenson at the COFC Traffic Department to complete the termination of all wires in the traffic control Cabinet. Britney can be contacted at (970) 231-3832. 1.6 WORK BY OTHERS A. As of the date of this issuance, no other work in the direct vicinity of the MAX BRT Gate Operation and Train Notification project is anticipated. 7 CONTRACTOR USE OF SITE AND PREMISES A. The MAX BRT Guideway is active and utilized from 5:OOAM to 12:OOAM Monday — Saturday. Work may be performed during these time periods, but shall be contained to the direct work zone. Specifically, when wire is pulled and terminated into the station ICON MIS Cabinet (top cabinet), work will need to be well contained as the Ticket Vending Machines and bus platforms will be active. B. No on -site staging of materials will be allowed during the course of this contract. The MAX BRT guideway is active and currently used six (6) days per week. Contractor shall stage and secure materials off site. C. Coordinate use of premises under direction of Engineer and Project Manager. D. Assume full responsibility for the protection and safekeeping of products on site under this Contract. E. Obtain and pay for the use of additional storage or work areas needed for operations. Issue for Construction: 0111 00 - 2 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 11 00 SUMMARY OF WORK 1.8 WORK SEQUENCE A. Coordinate construction schedule and operations with the Engineer and Owner's Project Manager. Work shall be phased beginning at the Harmony station. The wire shall be pulled, equipment installed, and testing completed at this station prior to proceeding with the Work. The installation at this station shall be used as a mockup. Upon completion of the mockup installation and testing, the contractor may proceed with installation as shown in the completed and approved construction schedule. B. Construction services performed in accordance with the Agreement and specifications include the following: 1. MAX BRT Gate Operation and Train Notification Base Bid a. Construction Phase 1) Installation of new wire from the station ICONS to the gates at all intersections, and to the adjacent traffic controllers for use of train notification. New equipment will be installed in the station ICON MIS cabinet to allow remote operation of the gates and transmittance of the location of trains along the Mason Corridor. This work will commence immediately upon issuance of Notice to Proceed. Funds for this project have been appropriated. Work shall include all items incidental to completion of the project whether or not specifically called for including, but not limited to traffic control, landscape & tree protection, restoration, site repair, and site cleanup. C. Contract times and completion dates. Construction services performed in accordance with the Agreement and specifications are based on the following estimated schedules: 1. Construction Period: a. Notice -to -Proceed is anticipated around the first week of January. 2015. The Contractor shall be substantially complete within 60 calendar days. Substantial completion is expected around the first week of March, 2015. The Contractor shall be finally complete within 7 calendar days of substantial completion. Final completion is expected on the second week of March, 2015. D. Working Hours 1. Contractor may work any hours as needed/required to complete the work. All work must not interfere with MAX Bus Operations. 2. Active MAX BRT bus operation hours are as listed in the table below: Day of Week MAX BRT Operating Hours Monday — Friday 5:OOAM — 12:OOAM Saturday 5:OOAM — 12:OOAM Sunday Closed 1.9 CONTRACTOR QUALIFICATIONS A. Contractor Qualifications: General Contractor shall have completed at least four (4) projects of similar size, scope and complexity in the past five (5) years under similar requirements to the ones provided herein. 1. Contractor shall hold the appropriate State and/or local licenses to perform the work in the local jurisdiction. 2. Contractor shall submit a list of references, including name, telephone number, and address for persons who can verify successful completion of projects of similar size, Issue for Construction: 01 11 00 - 3 Ditesco October 2014 SECTION 00300 BID FORM PROJECT: 8014 MAX BRT Gate Operation & Train Notification Place: Date: /0 may 1. In compliance with your Invitation to Bid dated October Oe , 2014 and 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. 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. 4. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 5. The undersigned Bidder hereby acknowledges receipt of Addenda No. through TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 11 00 SUMMARY OF WORK CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION scope and complexity. Positive verification results from references shall be a condition precedent to award of this contract. Superintendent Qualifications: a. The Contractor's superintendent shall be a competent, experienced person employed by the Contractor. b. The Contractor shall submit the proposed superintendent's resume with the qualifications package as part of the bid documents. C. The superintendent shall be assigned to this contract full-time until the job reaches substantial completion. d. The superintendent must have completed at least 2 similar projects in the past 5 years. 1.10 EASEMENTS AND RIGHT-OF-WAY A. Contractor will have access to all areas needed to pull and terminate wire, and install equipment. This work however, will require the Contractor to stay out of the guideway and allow complete and unencumbered access to the guideway for MAX BRT standard operations. Owner reserves the right to limit site access as required for changes in operations. B. Confine construction operations to the immediate vicinity of the location indicated on drawings and use due care in placing construction tools, and equipment, so as to cause the least possible damage to property and interference with traffic. 1.11 PROTECTION OF PROPERTY A. Protect, shore, brace, support, and maintain underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by construction operations. B. Restore to their original condition, pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, sod and other surface structures affected by construction operations. C. Use new materials for replacement. D. Contractor shall be responsible for all damage to streets, roads, shoulders, ditches, embankments, culverts, location or character, which may be caused by transporting equipment, materials, or personnel to or from the Work or any site thereof, whether by him or his subcontractors. E. Make satisfactory and acceptable arrangements with the Owner of, or the agency or authority having jurisdiction over, any damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. Keep fire hydrants and water control valves free from obstruction and available for use at all times. G. The Contractor is responsible for protecting adjacent properties from damage. Any damage caused by the Contractor's operations is the Contractor's responsibility. This includes, but is not limited to, protection of the guideway, arterial roadways, railroad property, and private property adjacent to the site. 1.12 BARRICADES AND LIGHTS A. Protect streets, sidewalks, and other public thoroughfares, which are closed to traffic by effective barricades, with acceptable warning signs Issue for Construction: 01 11 00 - 4 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 11 00 SUMMARY OF WORK B. Locate barricades at the street intersecting public thoroughfare on each side of the blocked section. C. Provide suitable barriers, signs, and lights to the extent required to adequately protect the public. D. Provide similar warning signs and lights at obstructions such as material piles and equipment. E. Illuminate barricades and obstructions with warning lights from sunset to sunrise. F. Store materials and conduct work in designated areas only in order to cause the minimum obstruction to the adjacent property owners. G. Install and maintain barricades, signs, lights, and other protective devices in conformity with applicable statutory requirements and, as required by the City of Fort Collins. 1.13 REGULATORY REQUIREMENTS A. Comply with all federal, state, and local laws, regulations, codes, and ordinances applicable to the Work. B. Obtain and pay for all permits associated with this project. C. Other standards and codes which apply to the Work are designated in the specifications. 1.14 COORDINATION A. Coordinate scheduling, submissions, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B. Coordinate completion and clean up of Work of separate Sections. PART 2- PRODUCTS Not Used PART 3- EXECUTION Not Used END OF SECTION Issue for Construction: 01 11 00 - 5 Ditesco October 2014 TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 14 00 WORK RESTRICTIONS PART 1 - GENERAL 1.1 DESCRIPTION CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION SECTION 01 14 00 — WORK RESTRICTIONS A. Need for continuous operation B. Work Sequence 1.1 RELATED SECTIONS A. Section 01 33 00—Submittal Procedures 1.2 NEED FOR CONTINUOUS OPERATION A. The project involves running wire and installing equipment in existing ICON structures and conduit on the BRT guideway. Existing vaults, through which conduit is routed for use on this project, are on and adjacent to station platforms, intersections, roadways, and in sidewalks/planting areas. Access to these areas is open, however access to the guideway must be maintained at all times. B. Contractor may park work vehicles, maximum two (2) on the guideway in designated parking areas at each station nose. Vehicles must not extend beyond the painted areas as this will affect the bus operation. 1.3 WORK SEQUENCE A. Contractor to complete the installation of all parts at the Harmony Station and Harmony intersection prior to moving to other intersections. This will include, but is not limited to the following at the Harmony Station: 1. Pull wire from MIS Cabinet in ICON to master gate 2. Pull wire from MIS Cabinet to Traffic Controller at Harmony/Guideway intersection; including coordination with City of Fort Collins Traffic Department for termination of wires in the traffic control cabinet. 3. Install Din Rail Mounting Bracket 4. Install MOXA equipment 5. Terminate all wire; coordinate traffic controller wire termination with COFC Traffic Group 6. Test remote operation of gate per Section 01 75 00 — Startup and Testing of Equipment 7. Test train notification operation per Section 01 75 00 — Startup and Testing of Equipment A. Following the completion of the Harmony installation and testing sequence, the Contractor is to determine his own sequence of activities for the remainder of the work. PART 2- PRODUCTS NOT USED PART 3 - EXECUTION NOT USED Issue for Construction: 01 14 00 - 1 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 14 00 WORK RESTRICTIONS END OF SECTION Issue for Construction: 01 14 00 - 2 Ditesco October2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 29 00 SCHEDULE OF VALUES SECTION 01 29 00 - SCHEDULE OF VALUES PART 1- GENERAL 1.1 SECTION INCLUDES A. Form and content 1.2 REQUIREMENTS A. Submit to Engineer schedule of values allocated to various portions of Work, within 10 days after Notice of Award. B. Upon request of ENGINEER, support values with data which substantiate their correctness. C. Schedule of values, unless objected to by ENGINEER, shall be used only as basis for CONTRACTOR's Applications for Payment. D. Submit initial schedule of values in duplicate. After review by ENGINEER, revise and resubmit as required. Submit schedule of Values with each Application for Payment, reflecting any changes. E. Submit typed schedule on Owner provided form. F. Format: 1. As provided by ENGINEER. 2. Include in each line item a directly proportional amount of the CONTRACTOR's overhead and profit. 1.3 FORM AND CONTENT A. Type schedule on 8-1/2"x11 white paper; CONTRACTOR's standard forms and automated printout will be considered for approval by ENGINEER upon CONTRACTOR's request. Identify schedule with: 1. Title of project and location. 2. Project number. 3. Name and Address of CONTRACTOR. 4. Agreement designation. 5. Date of submission. B. Schedule shall list installed value of component parts of Work in sufficient detail to serve as basis for computing values for progress payments during construction. C. Follow table of contents of this Construction Project Manual as format for listing component items. Identify each line item with number and title of respective major section of Specifications. D. For each major line item list sub -values of major products or operations under item. E. For various portions of Work: 1. Each item shall include directly proportional amount of CONTRACTOR's overhead and profit. For items on which progress payment will be requested for stored materials, break down value into: Issue for Construction: 01 29 00 - 1 Ditesco October 2014 TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 29 00 SCHEDULE OF VALUES CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION a. Cost of materials, delivered and unloaded at site, with taxes paid. b. Total installed value. F. Sum of all values listed in schedule shall equal total Contract Price. PART 2- PRODUCTS Not Used PART 3- EXECUTION Not Used END OF SECTION Issue for Construction: 01 29 00 - 2 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 31 13 PROJECT MANAGEMENT AND COORDINATION SECTION 01 31 13 — PROJECT MANAGEMENT AND COORDINATION PART 1- GENERAL 1.1 SECTION INCLUDES A. Coordination requirements B. Coordination of schedules C. Coordination meetings D. Coordination of contract close-out 1.2 RELATED SECTIONS A. Section 01 11 00—Summary of Work 1.3 COORDINATION REQUIREMENTS A. Conform to reference standard by date of issue current on date of Contract Documents B. Obtain copies of standards when required by Contract Documents C. Where specified reference standards conflict with Contract Documents, request clarification from Engineer before proceeding D. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.4 COORDINATION OF SCHEDULES A. Submit under provisions of Section 01 33 00 B. Coordinate schedule of construction activities with Engineer and Owner. C. Coordinate schedule of construction activities with subcontractors or other contractors to facilitate efficient completion of the work. 1.5 COORDINATION MEETINGS A. Conduct and manage coordination meetings outside of weekly job meetings to facilitate work amongst subcontractors or other agencies utilizing the site. 1.6 COORDINATION OF CONTRACT CLOSE-OUT A. Coordinate site cleanup and demobilization activities as provided within separate Sections of this specification. B. Assemble and coordinate close out submittals as provided for in Section 01 77 00. C. Allow access to site for occupancy and correction work. Minimize disruption to the adjacent uses and allow continued access to the lake and public portions of the site. Issue for Construction: 01 31 13 - 1 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 31 13 PROJECT MANAGEMENT AND COORDINATION PART 1- PRODUCTS Not Used PART 2- EXECUTION Not Used END OF SECTION Issue for Construction: 01 31 13 - 2 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 31 19 PROJECT MEETINGS SECTION 01 31 19 —PROJECT MEETINGS PART 1- GENERAL 1.1 SECTION INCLUDES A. General requirements B. Preconstruction conference C. Progress meetings D. Schedule Punch List Walk through 1.2 RELATED SECTIONS A. Section 01 11 00—Summary of Work B. Section 01 32 16—Construction Schedules C. Section 01 33 00—Submittal Procedures D. Section 01 77 00—Close Out Procedures 1.3 GENERAL REQUIREMENTS A. Engineer will schedule and administer pre -construction meeting, schedule punchlist walk through, weekly job progress meetings, and specially called meetings throughout the progress of the Work 1. Prepare agenda for meetings including items requested by Owner and Contractor. 2. Distribute written notice of each meeting to Owner and Contractor 4 days in advance of regularly scheduled meeting dates. 3. Contractor shall be required to attend specially called meetings as work progresses based on field observations for other currently unidentified conditions/concerns of Engineer or Owner. 4. Preside at meetings 5. Record the minutes; include all significant proceedings and decisions 6. Reproduce and distribute copies of minutes within 3 days after each meeting a. To all participants in the meetings b. To Owner C. Furnish copies of minutes to Contractor B. Owner may attend meetings. C. Representatives of contractors, subcontractors, and suppliers attending the meetings shall be qualified and authorized to act on behalf of the entity each represents 1.4 PRECONSTRUCTION CONFERENCE A. Engineer will schedule a conference within 10 days after Effective Date of Agreement. B. Location of the meeting: TBD C. Attendance 1. Owner Issue for Construction: 01 31 19-1 Ditesco October 2014 TECHNICAL SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS 01 31 19 PROJECT MEETINGS CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 2. Engineer and his professional consultants 3. MIS NetComm Project Engineer 4. ITS Technical Representative 5. Contractor's Superintendent 6. Major Subcontractors 7. Major Suppliers 8. Others as appropriate D. Agenda: 1. Execution of Owner - Contractor Agreement. 2. Submission of executed bonds and insurance certificates 3. Distribution of Contract Documents 4. Submission of list of subcontractors and suppliers, list of products, and progress schedule 5. Designation of personnel representing the parties in Contract and the Engineer 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, cost proposal requests, Change Orders and Contract closeout procedures. 7. Construction scheduling and updates. 8. Scheduling activities of other consultants. 9. Critical work sequencing. 10. Major material deliveries and priorities. 11. Procedures for maintaining Record Documents. 12. Use of premises a. Work and storage areas b. Owner's requirements 13. Construction facilities, controls and construction aids. 14. Temporary utilities. 15. All safety and first -aid procedures are responsibility of the Contractor. 16. Security and housekeeping procedures as required by the Owner. 17. Procedures for testing. 1.5 PROGRESS MEETINGS A. Engineer will schedule and administer meetings throughout progress of the Work at weekly intervals or other agreed upon timeframes. B. Location of the Meetings: TBD C. Engineer will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within three days to Contractor, Owner, participants, and those affected by decisions made. D. Attendance 1. Owner 2. Engineer and his professional consultants 3. MIS NetComm Project Engineer 4. ITS Technical Representative 5. Contractor's Superintendent 6. Major Subcontractors 7. Major Suppliers 8. Others as appropriate E. Agenda: 1. Review minutes of previous meetings 2. Review unresolved issues from last meeting Issue for Construction: 01 31 19 - 2 Ditesco October 2014 8. BID SCHEDULE (Base Bid) Bid Item Description Cost Lump Sum Bid — all utility installation (electrical, communications, and equipment); startup and testing of equipment and processes TOTAL BASE BID $59,140.15 IN WORDS: Fifty nine thousand one hundred forty dollars and fifteen cents 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. RESPECTFULLY SUBMITTED: H&H Data Services Inc. CONTRACTOR - BY: ;Z:2 Jb M. Hehn 10/28/14 Printed Date 01 Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Addres 1310 Webster Ave. Fort Collins, CO 80524 Telephone 97.0-482-6064 Email joef?hhdataservices.ccm TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 31 19 PROJECT MEETINGS 3. Review of Work progress; three week look -ahead schedule prepared by contractor 4. Field observations, problems, conflicts and decisions 5. Identification of problems which impede planned progress 6. Review of submittals schedule and status of submittals 7. Review of off -site fabrication and delivery schedules 8. Maintenance of progress schedule 9. Corrective measures to regain projected schedules 10. Planned progress during succeeding work period 11. Coordination of projected progress 12. Maintenance of quality and work standards 13. Effect of proposed changes on progress schedule and coordination 14. Other business relating to Work 1.6 SCHEDULE PUNCH LIST WALK THROUGH A. Engineer will schedule at least 10 days before submission of the last Application for Payment B. Location: Field/Site C. Attendance 1. Engineer 2. Contractor 3. Others, as appropriate D. Suggested Agenda 1. Review of items remaining to be repaired or replaced prior to final acceptance and payment. PART 2- PRODUCTS Not Used PART 3- EXECUTION Not Used END OF SECTION Issue for Construction: 01 31 19 - 3 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 32 16 CONSTRUCTION PROJECT SCHEDULES SECTION 01 32 16 - CONSTRUCTION PROJECT SCHEDULES PART 1- GENERAL 1.1 SECTION INCLUDES A. Requirements B. Format C. Content D. Progress Revisions E. Submittals F. Distribution 1.2 RELATED SECTION A. Section 01 11 00—Summary of Work B. Section 01 29 00—Schedule of Values C. Section 01 31 19—Project Meetings D. Section 01 33 00—Submittal Procedures E. Section 01 77 00—Close Out Procedures 1.3 REQUIREMENTS A. Within ten (10) days after Effective Date of Agreement, Contractor shall prepare and submit to Engineer estimated construction progress schedules for the Work, with subcontractor schedules of related activities which are essential to its progress. B. Submit to Engineer not less than ten (10) days prior to beginning Work, a "Detailed Work Plan" for each phase of the project. Detailed Work Plans shall include a Traffic Control Plan, Bypass Pumping Plan, and miscellaneous other improvements. Schedule review meeting with Owner. C. Submit revised progress schedules with each pay application. D. Owner may require Contractor to add to his equipment, or construction forces, as well as increase the working hours, if operations fall behind schedule at any time during construction period. 1.4 FORMAT A. General schedule format: Conform to ©Primavera, P6 critical path method (CPM) scheduling format or approved equal: 1. Minimum sheet size: 8 1/2" by 11" 2. Color format Issue for Construction: 01 32 16-1 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 - GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 32 16 CONSTRUCTION PROJECT SCHEDULES B. Row (Listings) -Show: 1. Project Title 2. Major areas of construction 3. Construction activities within major areas of construction 4. Provide a separate bar for each construction activity (i.e. vault demolition). Bars to be annotated with activity description 5. Critical path activities to be clearly identified by color and lines 6. List in chronological order by start date each major area of construction and then by each construction activity within its respective area of construction 7. Show project start date, finish date, data date, run date, and revision table 8. Contract milestone dates 9. Legend C. Column (Headings) -Show: 1. Activity ID: Define by number corresponding to major specification sections 2. Activity Description 3. Percent Complete 4. Original Duration 5. Remaining Duration 6. Total Float 7. Early Start 8. Early Finish 9. Time Scale: Identify first day of each week. Allow space for notations. 10. Data date line 1.5 CONTENT A. Construction progress schedule -Show: 1. Complete sequence of construction by activity for full length of Contract time. 2. Major areas of construction to include, at a minimum, each separate stage of Work B. Submittals schedule for shop drawings and product data-Show.- 1 . The dates for Contractor's submittals 2. The dates accepted submittals will be required from Engineer. Extensions of time for delays in submittal approval shall only be allowed as provided in Section 01 33 00. C. Products delivery schedule -Show delivery dates for: 1. All major material deliveries 1.6 PROGRESS REVISIONS A. Progress schedules are to be representative of actual construction progress and sequencing of activities. Schedules that do not accurately represent construction progress will be rejected. B. Indicate progress of each activity as of data date. C. Show changes occurring since previous submission of schedule: 1. Major changes in scope 2. Activities modified since previous submission 3. Revised projections of progress and completion 4. Other identifiable changes D. Provide narrative report as needed to define: 1. Problem areas, anticipated delays, and impact on schedule Issue for Construction: 01 32 16 - 2 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 32 16 CONSTRUCTION PROJECT SCHEDULES Corrective action recommended, and its effect Effect on changes on schedules of other prime contractors 1.7 SUBMITTALS A. Submit initial schedules within 10 days after award of Contract: 1. Engineer will review schedules and return review copy within 10 days after receipt 2. If required, resubmit within 7 days after return of review copy B. Submit revised progress schedules with each Application for Payment. C. At each submission submit the number of opaque reproductions which the Contractor requires, plus 3 copies which will be distributed by Engineer. Do not submit fewer than five (5) copies 1.8 DISTRIBUTION A. Engineer will distribute copies of accepted schedules to: 1. One copy to Owner 2. One copy to Resident Project Representative/Engineer 3. One copy to Contractor to be kept on file at job site 4. Remainder to Contractor for his distribution B. Schedule recipients will report promptly to Engineer and Contractor, in writing, any problems anticipated by projections shown in schedules PART 2- PRODUCTS Not Used PART 3- EXECUTION Not Used END OF SECTION Issue for Construction: 01 32 16 - 3 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 33 00 SUBMITTAL PROCEDURES SECTION 01 33 00 — SUBMITTAL PROCEDURES PART 1- GENERAL 1.1 SECTION INCLUDES A. Submission of all shop drawings and product data as required by the Contract Documents for all equipment and materials to be furnished under this contract unless specifically indicated otherwise. B. Submittals C. Contractor Responsibilities D. Submission Requirements E. Disposition of Shop Drawings and Product Data F. Disposition of Samples G. Resubmission Requirements H. Engineer's Duties I. Submittal Schedule 1.2 RELATED SECTIONS A. Section 01 11 00—Summary of Work B. Section 01 33 00—Construction Project Schedules C. Section 01 77 00—Close Out Procedures D. Sections for Divisions 1 through 48—Required Submittals 1.3 SUBMITTALS A. Shop Drawings —Drawings shall be presented in a clear and thorough manner: 1. Identify details by reference to sheet and detail, schedule or room numbers shown on Contract Drawings 2. Identify equipment by reference to equipment name and tag number shown on Contract Drawings 3. Scale and Measurements: Make drawings accurate to a scale with sufficient detail to show the kind, size, arrangement and function of component materials and devices 4. Minimum sheet size: 81/2" by 11" 5. Fabrication drawing size: 11" by 17" or 22" by 34" B. Product Data —Preparation: 1. Clearly mark each copy to identify pertinent products or models submitted for review 2. Identify equipment by reference to equipment name and tag number 3. Catalog cut sheets: Cross -out or delete irrelevant data 4. Show performance characteristics and capacities 5. Show dimensions and clearances required for installation and maintenance Issue for Construction: 01 33 00 - 1 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 33 00 SUBMITTAL PROCEDURES 6. Show wiring or piping diagrams and controls 7. Show external connections, anchorages, and supports required C. "Certificate of Compliance": 1. Provided by manufacturer or supplier in lieu of submittal data required 2. Certifies that product data or item identified in certificate is in total compliance with Contract Document requirements 3. Specifically identifies project name and that there is no deviation from Contract Documents 4. Identify equipment by reference to equipment name and tag number 5. Identify limits of equipment, materials or work provided 6. Provide for specific product data or item only as indicated herein D. Construction Schedule: Designate in the construction schedule, or in a separate coordinated shop drawing schedule, the dates for submission and the dates that reviewed Shop Drawings and Product Data will be needed. 1.4 CONTRACTOR RESPONSIBILITIES A. Review shop drawings and product data prior to submission for accuracy and completeness of each submission. B. Approve and stamp each submission before submitting. C. Determine and verify: 1. Field measurements 2. Field construction criteria 3. Catalog numbers and similar data 4. Conformance with specifications D. Prior to each submission, carefully review and coordinate all aspects of each item being submitted E. Verify that each item and the submittal for it conform in all respects with specified requirements of the Work and of the Contract Documents with respect to means, methods, techniques, sequences, and operations of construction, and safety precautions and programs incidental thereto. F. Make submissions promptly in accordance with Construction Schedule, and in such sequence as to cause no delay in the Work or in the work of any other Contractor. G. Notify Engineer in writing, at time of submission, of any deviations in the submittals from Contract Document requirements: 1. Identify and tabulate all deviations in transmittal letter 2. Indicate essential details of all changes proposed, including modifications to other facilities that may be a result of the deviation 1.5 SUBMISSION REQUIREMENTS A. Make submissions far enough in advance of scheduled dates for installation to provide time required for reviews, for securing necessary approvals, for possible revisions and resubmissions, and for placing orders and securing delivery B. In scheduling, allow a minimum of 14 calendar days for review by Engineer following receipt of submission in Engineer's office: Issue for Construction: 01 33 00 - 2 Ditesco October 2014 TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 33 00 SUBMITTAL PROCEDURES CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION Time required to mail submissions or resubmissions is not considered a part of the review period C. Consecutively number all submissions: 1. Assign a unique number to include all shop drawings, product data and other information required for individual specification sections 2. Each specification section may still have more than one submittal number for later submissions (i.e., Preliminary O&M Manuals, Final O&M Manuals, etc.) D. Electronic Processing or Paper Submission of all Submittals: 1. Shop Drawings and Product Data: Contractor shall provide a minimum of four (4) hard copies of each submittal and provide to the Engineer. Engineer will ensure distribution to Owner, Owner's Representative, and/or pertinent sub consultants. 2. Shop Drawings and Product Data: At this time, submittals will not be processed through electronic means. E. Accompany each submission with a letter of transmittal showing all information required for identification and checking. Submittals shall contain: 1. Submittal number 2. Date of submission and dates of any previous submissions 3. Project title and number 4. Owner Contract identification number if applicable 5. The names of a. Contractor b. Supplier C. Manufacturer 6. Identification of the product, with the specification section number 7. Field dimensions, clearly identified as such 8. Relation to adjacent or critical features of the Work or materials 9. Applicable standards, such as ASTM or Federal Specification numbers 10. Identification of deviations from Contract Documents 11. Identification of revisions on resubmissions 12. An 8" by 4" blank space for Contractor's and Engineer's stamps 13. Stamp cover sheet of each submittal as identified in letter of transmittal 14. Contractor's stamp: Initialed or signed, certifying review and approval of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and of Contract Documents. Use stamp to include wording similar to the following: This submittal has been reviewed by [name of contractor] and approved with respect to the means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incidental thereto. [Name of contractor] also warrants that this submittal complies with contract documents and comprises no deviations thereto: Section No: Submittal No: Date: by: F. Submittal Log: 1. Maintain an accurate submittal log for duration of the Work showing current status of all submissions Issue for Construction: 01 33 00 - 3 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 33 00 SUBMITTAL PROCEDURES 2. Show submittal number, section number, section title, submittal description dates and disposition of submittal 3. Make submittal log available to Engineer for Engineer's review upon request G. Unless specified otherwise, make submissions in groups to facilitate efficient review and approval: 1. Include all associated items from individual specification sections to assure that all information is available for checking each item when it is received 2. Submit a complete initial submittal including all components when an item consists of components from several sources 3. Partial submittals may be rejected as not complying with provisions of the Contract 4. Engineer will not be held liable for delays due to poorly organized or incomplete submissions 5. Do not include items from more than one specification section for any one submittal number H. Contractor may require subcontractors to provide drawings, setting diagrams and similar information to help coordinate the Work, but such data shall remain between Contractor and his subcontractors and will not be reviewed by Engineer unless specifically called for within the Contract Documents. 1.6 DISPOSITION OF SHOP DRAWINGS AND PRODUCT DATA A. "Approved As Submitted": Approved with No Exceptions Noted 1. One copy sent to Owner 2. One copy sent to Resident Project Representative 3. One copy retained in Engineer's file 4. Remaining copies returned to Contractor for his use a. One copy to be kept on file at Contractor's office at job site b. Remaining copies for Contractor's office file, suppliers, or subcontractors 5. No corrections or comments noted on submittal or in transmittal letter 6. Issues or miscellaneous comments pertaining to other related items of the Work may be included in transmittal letter 7. Resubmission not required B. "Exceptions Noted": Approved with Corrections Noted 1. One copy sent to Owner 2. One copy sent to Resident Project Representative 3. One copy retained in Engineer's file 4. Remaining copies returned to Contractor for his use a. One copy to be kept on file at Contractor's office at job site b. Remaining copies for Contractor's office file, suppliers or subcontractors C. Copies of submittal data in operation and maintenance manuals to be revised according to corrections 5. Comply with corrections or comments as noted on submittal and in transmittal letter 6. Resubmission not required C. "Revise And Resubmit": Incorrect or Specific Information Still Required 1. One copy sent to Resident Project Representative 2. One copy retained in Engineer's file 3. All remaining copies returned to Contractor for revision and re -submittal 4. Copy of transmittal letter sent to Owner. An "Approved As Submitted" or "Exceptions Noted" submittal will be forwarded to Owner upon resubmission and review per above disposition requirements. Issue for Construction: 01 33 00 - 4 Ditesco October 2014 TECHNICAL SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS 01 33 00 SUBMITTAL PROCEDURES CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 5. Submittal is either: incorrectly annotated; specific comments need to be addressed and incorporated in re -submittal; and/or additional information may be required as noted in transmittal letter. 6. Submitted information may not include or address specific item required per the specification as identified in transmittal letter. 7. Specific information related to identified item may be required for final approval of submittal. 8. Resubmission of entire submittal may be required or resubmission of specific item may be required as identified in transmittal letter. D. "Rejected": Returned for Correction 1. One copy sent to Resident Project Representative 2. One copy retained in Engineer's file 3. All remaining copies returned to Contractor 4. Copy of transmittal letter sent to Owner 5. Contractor required to resubmit complete submittal package in accordance with Contract Documents 6. Submittal does not comply with provisions of Contract Documents as noted in transmittal letter 7. Resubmission required E. "Receipt Acknowledged": For Reference Purposes Only or for Record Copy 1. One copy sent to Resident Project Representative 2. One copy retained in Engineer's file 3. One copy returned to Contractor 4. Copy of transmittal letter sent to Owner 5. Remaining submittal copies destroyed 6. Detailed review and comment by Engineer not required 7. Resubmission not required 1.7 DISPOSITION OF SAMPLES A. "Approved As Submitted": Approved with No Exceptions Noted 1. One sample sent to Owner 2. One sample sent to Resident Project Representative 3. One sample retained in Engineer's file 4. Acknowledgment: Copy of transmittal letter sent to Contractor 5. Resubmission not required B. "Exceptions Noted": Approved with Corrections Noted 1. One sample sent to Owner 2. One sample sent to Resident Project Representative 3. One sample retained in Engineer's file 4. Acknowledgment: Copy of transmittal letter sent to Contractor 5. Work performed or products furnished to comply with exceptions noted in acknowledgment 6. Resubmission not required C. "Rejected": Returned for Correction 1. One sample retained in Engineer's file 2. Remaining samples sent to Contractor for re -submittal and compliance with the Contract Documents as noted in transmittal letter 3. Copy of transmittal letter sent to Owner 4. Resubmission required Issue for Construction: 01 33 00 - 5 Ditesco October 2014 TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 33 00 SUBMITTAL PROCEDURES CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 1.8 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in submittals required by Engineer and resubmit until approved B. Transmit each resubmission under new letter of transmittal. Use number of original submittal followed directly by "rev" and the number corresponding to the number of times a submittal is resubmitted (i.e., 01, rev01, rev02, etc.). C. Shop Drawings and Product Data: 1. Revise initial drawings or data and resubmit as specified for the initial submittal 2. Indicate any changes which have been made other than those requested by Engineer D. Reimbursement of Resubmission Review Costs: 1. Review of first submittal and one re -submittal will be performed by Engineer at no cost to the Contractor 2. Costs for review of subsequent resubmissions will be directly paid by Contractor 3. Engineer will document work -hours required for review and costs for Engineer review will be deducted from payments due Contractor as Change Order deductions. 4. Charges for review of resubmissions will include Engineer at a rate of $98 per hour and Admin at a rate of $55 per hour 1.9 ENGINEER'S DUTIES A. Review submittals with reasonable promptness and in accord with approved submission schedule provided that each submittal has been called for by the Contract Documents and is stamped by Contractor as indicated above: 1. In the event that Engineer will require more than 14 calendar days to perform a submittal review as requested by Contractor, Engineer shall so notify Contractor or indicate so on the submission schedule. 2. No extensions of time are allowed due to Engineer's delay in reviewing submittals unless all the following criteria are met: a. Engineer has failed to return submittal within 14 days of receipt of the submittal or receipt of said notice, whichever is later b. Contractor demonstrates that delay in progress of the Work was directly attributable to Engineer's failure to return submittal within 14 days. 3. No extensions of time are allowed due to delays in progress of the Work caused by rejection and subsequent resubmission of data, including multiple resubmissions. B. Review drawings and data submitted only for general conformity with Contract Documents: 1. Engineer's review of drawings and data returned marked "Approved As Submitted" or "Exceptions Noted" does not indicate a thorough review of all dimensions, quantities, and details of material, equipment device or items shown 2. Engineer's review does not relieve Contractor of responsibility for errors, omissions or deviations nor responsibility for compliance with the Contract Documents 3. Engineer's review shall not extend to means, methods, techniques, sequences, operations of construction, and safety precautions and programs incidental thereto. No information regarding these items will be reviewed whether or not included in submittals. C. Assume that no shop drawing or related submittal comprises a deviation to the Contract Documents unless Contractor advises Engineer otherwise in writing which is acknowledged by Engineer in writing: 1. Consider and review only those deviations from the Contract Documents clearly identified as such in submittal and tabulated in the Letter of Transmittal. D. Return submittals to Contractor for distribution or for resubmission Issue for Construction: 01 33 00 - 6 Ditesco October 2014 SECTION 00400 SUPPLEMENTS TO BID FORMS 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 33 00 SUBMITTAL PROCEDURES CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION E. Transmit, unreviewed, to Contractor all copies of submittals received directly from suppliers, manufacturers and subcontractors F. Transmit, unreviewed, to Contractor all copies of submittals not called for by the Contract Documents or which have not been approved by Contractor G. Engineer will not review uncalled-for shop drawings or product data except by special arrangement H. Affix stamp and indicate approval for submittal or resubmission requirements with the following stamp: ❑ Approved As Submitted ❑ Exceptions Noted ❑ Revise And Resubmit ❑ Rejected This review was performed only for general conformance with the design concept of the project and general compliance with the information given in the contract documents. Modifications or comments made on the shop drawings and product data during this review do not relieve contractor from responsibility for compliance with the requirements of the plans and specifications. Approval of a specific item does not include approval of the assembly of which the item is a component. Contractor is responsible for: dimensions to be confirmed and correlated at the jobsite. information that pertains solely to the fabrication processes or to the means, methods, techniques, sequences, and procedures of construction; coordination of the work of all trades; and for performing all work in a safe and satisfactory manner. Ditesco, LLC Date By 1.10 SUBMITTAL SCHEDULE A. Unless indicated otherwise, provide all submittals required by individual sections of the Contract Documents to establish compliance with the specified requirements B. Contractor may provide "Certificate of Compliance" in lieu of product data submittal as required above for the following sections: SECTION SECTION TITLE PRODUCT DATA OR NUMBER ITEM NONE NONE NONE PART 2- PRODUCTS Not Used PART 3- EXECUTION Not Used END OF SECTION Issue for Construction: 01 33 00 - 7 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 45 00 QUALITY CONTROL SECTION 01 45 00- QUALITY CONTROL PART 1- GENERAL 1.1 SECTION INCLUDES A. Quality Assurance and Control of Installation B. Inspection and Testing Laboratory Services and Qualifications C. Qualification of Laboratory D. Laboratory Duties E. Limitations of Authority of Testing Laboratory F. Contractor's Responsibilities G. Field Testing H. Testing and services schedule 1.2 RELATED SECTIONS A. Section 01 11 00—Summary of Work B. Section 01 75 00—Startup and Testing of Equipment C. Section 26 05 19—Low-Voltage Electrical Power Conductors and Cables D. Section 40 91 00—Instrumentation and Control Components 1.3 REFERENCES A. Conform to reference standard by date of issue current on date of Contract Documents. B. Obtain copies of standards when required by Contract Documents. C. Where specified reference standards conflict with Contract Documents, request clarification from Engineer before proceeding. D. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.4 SUBMITTALS A. Submit under provisions of Section 01 33 00. B. Provide copies of written reports for materials as scheduled at the end of this section. Reference each report by respective section number. C. Laboratory test reports —Provide written reports of each test and inspection to Engineer. Each report shall include: Issue for Construction: 01 45 00 - 1 Ditesco October 2014 TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 45 00 QUALITY CONTROL CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 1. Date issued 2. Project title and number 3. Testing laboratory name, address and telephone number 4. Name and signature of laboratory inspector 5. Date and time of sampling or inspection 6. Record of temperature and weather conditions 7. Date of test 8. Identification of product and specification section 9. Location of sample or test in the Project 10. Type of inspection or test 11. Results of tests and compliance with Contract Documents 12. Interpretation of test results when requested by Engineer D. Field test reports: Provide reports detailing results of the tests. Indicate compliance or non- compliance with Contract Documents. Identify corrective action for materials which fail to pass field tests 1.5 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship to produce Work of specified quality. B. Comply fully with manufacturer's instructions, including each step in sequence C. Should manufacturer's instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship E. Certification of products: Respective sections of specifications F. Laboratory tests required and standards for testing: Respective sections of specifications 1.6 INSPECTION AND TESTING LABORATORY SERVICES A. The City of Fort Collins will employ and pay for the services of an independent testing laboratory to perform specified laboratory testing of materials where the technical specifications specifically obligate the Owner to provide the services: 1. Contractor shall cooperate with the laboratory to facilitate the execution of its required services 2. Employment of the laboratory shall in no way relieve Contractor's obligations to perform the Work of the Contract B. Contractor shall employ and pay for the services of an independent testing laboratory to perform all specified services and testing not specifically identified in the technical specifications to be provided by Owner related to the design of mixes, products and equipment, to Engineer's review of proposed materials and equipment before, during and after incorporation in the Work and to retest materials and equipment which fail original tests: 1. Employment of the laboratory shall in no way relieve Contractor's obligations to perform the Work of the Contract Issue for Construction: 01 45 00 - 2 Ditesco October 2014 TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 45 00 QUALITY CONTROL CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION C. Retesting required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the Engineer. Payment for retesting will be charged to the Contractor by deducting inspection or testing charges from the Contract Sum/Price 1.7 QUALIFICATION OF LABORATORY A. Perform all tests to determine compliance with Contract Documents by an independent commercial testing firm acceptable to Owner and Engineer. B. Testing firm's laboratory: Staffed with experienced technicians, properly equipped and fully qualified to perform tests in accordance with specified standards 1.8 LABORATORY DUTIES A. Cooperate with Engineer and Contractor; provide qualified personnel after due notice B. Perform specified inspections, sampling, and testing of materials and methods of construction: 1. Comply with specified standards 2. Ascertain compliance of materials with requirements of Contract Documents C. Promptly notify Engineer and Contractor of observed irregularities or deficiencies of work or products 1.9 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY A. Laboratory is not authorized to: 1. Release, revoke, alter or enlarge on requirements of Contract Documents 2. Approve or accept any portion of the Work 3. Owner employed laboratory shall not perform any duties of the Contractor 1.10 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with laboratory personnel and provide access to Work B. Secure and deliver to the laboratory adequate quantities of representative samples of materials proposed to be used and which require testing C. Provide to the laboratory the preliminary design mix proposed to be used for concrete, asphalt and other material mixes which require control by the testing laboratory D. Furnish copies of product test reports as required E. Furnish incidental labor and facilities: 1. To provide access to Work to be tested 2. To obtain and handle samples at the project site or at the source of the product to be tested 3. To facilitate inspections and tests 4. For storage and curing of test samples Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage and assistance as requested: 1. Notify Engineer and independent firm 48 hours prior to expected time for operations requiring services to allow for scheduling of tests and laboratory assignment of personnel Issue for Construction: 01 45 00 - 3 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 45 00 QUALITY CONTROL 2. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use 1.11 FIELD TESTING A. Contractor shall pay all costs associated with field testing of materials and equipment as required in respective sections of the specifications 1. Provide all required materials, labor, equipment, water, and power required for testing 2. Perform all tests in presence of Engineer or Owner and provide one copy of field test results to Engineer same day of tests B. Repair with no additional compensation all materials and equipment which fail during testing C. Field testing shall be provided for, but shall not be limited to, the following: 1. None 1.12 TESTING AND SERVICES SCHEDULE A. Laboratory testing services shall be provided by Contractor for, but shall not be limited to, the following: 1. None PART 2- PRODUCTS Not Used PART 3- EXECUTION Not Used END OF SECTION Issue for Construction: 01 45 00 - 4 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 52 00 TEMPORARY CONSTRUCTION FACILITIES SECTION 01 52 00 — TEMPORARY CONSTRUCTION FACILITIES PART 1- GENERAL 1.1 SECTION INCLUDES A. Quality Assurance B. Temporary Utilities: Electricity, lighting, heating, ventilating, telephone service, water and sanitary facilities C. Water Control D. Erosion and Sediment Control E. Protection of Installed Work and Property F. Security 1.2 GENERAL REQUIREMENTS A. Contractor shall submit a plan in accordance with Section 01 33 00 detailing the location(s) of all staging, laydown and/or construction facilities required for completion of Work within this Contract. B. Furnish, install and maintain all temporary utilities to assure continuous service except as allowed herein, and remove on completion of Work. Modify and extend systems as work progress requires. C. Furnish, install and maintain all construction aids required for the Work, except as allowed herein, and remove on completion of the Work. D. Contractor shall limit his use of existing roadways and parking lots to only that which are required for completion of Work within this Contract. Adjacent parking lots, sidewalks, alleys shall be protected to prevent damage with all practical means. E. Clean and repair damage caused by temporary installations or use of temporary facilities. 1.3 QUALITY ASSURANCE A. Requirements of Regulatory Agencies 1. Comply with applicable Federal and State rules and regulations, local codes and ordinances. 2. Comply with utility company requirements. 3. Contractor shall notify Owner to obtain inspections of Work and to request service outages (if applicable). 1.4 TEMPORARY ELECTRICITY A. Contractor shall arrange for and pay all costs associated with power service as required for completion of Work and pay all costs for energy used. 1.5 TEMPORARY LIGHTING Issue for Construction: 01 52 00 -1 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 52 00 TEMPORARY CONSTRUCTION FACILITIES A. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. B. Maintain lighting and provide routine repairs. 1.6 TEMPORARY HEATING A. Provide and pay for all temporary heat as required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum conditions of the installation of materials and to protect materials and finishes from damage due to temperature or humidity. B. Portable heaters shall be standard approved units complete with controls. C. Pay all costs of installation, maintenance, operation and removal and for fuel consumed. D. Maintain minimum ambient temperature of 50OF in areas where construction is in progress, unless indicated otherwise in specifications (as applicable). E. Provide temporary heating for all subcontractors as required. 1.7 TEMPORARY VENTILATING A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. B. Provide and pay for temporary ventilation equipment as required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum conditions for the installation of materials and to protect materials and finishes from damage due to temp or humidity. C. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors or gases. D. Portable ventilators shall be standard approved units complete with controls. E. Pay all costs of installation, maintenance, operation and removal and for power consumed. 1.8 TELEPHONE SERVICE A. Provide, maintain and pay for all telephone service as required for completion of Work. 1.9 TEMPORARY WATER SERVICE A. Provide all drinking water required by construction personnel. Pay all costs. Provide water necessary to maintain damp demolition site as needed to eliminate spark or explosion potential. 1.10 TEMPORARY SANITARY FACILITIES A. Contractor shall provide his/her own sanitary facilities. 1.11 WATER CONTROL A. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. Issue for Construction: 01 52 00 - 2 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 52 00 TEMPORARY CONSTRUCTION FACILITIES B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. Protect site and staging area from storm events. 1.12 EROSION AND SEDIMENT CONTROL A. Install sediment control/silt fencing at site perimeter where necessary to prevent erosion and sedimentation from occurring off site. B. During and after site grading, maintain a roughened surface on all disturbed areas to minimize erosion potential. C. Construct temporary drainage swales with staked straw bale barriers to control drainage patterns and minimize erosion. D. Provide gravel & wire or staked hay bale sediment traps at culvert inlets to prevent siltation. Maintain as necessary and as directed by the Engineer to filter storm waters. 1.13 PROTECTION OF INSTALLED WORK AND PROPERTY A. Protect installed Work and provide special protection as required to protect Owners facilities as required or where specified in individual specification Sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage. Provide 6-foot tall chain link enclosure fence around all work areas. C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. D. Protect finished driving surfaces, floors, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. E. Prohibit traffic from landscaped or sodded areas. F. Protect adjacent buildings, properties and infrastructure from debris generated during the demolition process. 1.14 SECURITY A. Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. 1.15 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from remote spaces prior to enclosing the space. C. Remove waste materials, debris, and rubbish from site not less than weekly and dispose off -site in accordance with local and state regulations PART 2- PRODUCTS Not Used Issue for Construction: 01 52 00 - 3 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 52 00 TEMPORARY CONSTRUCTION FACILITIES PART 3- EXECUTION Not Used END OF SECTION Issue for Construction: 01 52 00 - 4 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 57 00 TRAFFIC REGULATION SECTION 01 57 00 — TRAFFIC REGULATION PART 1 - GENERAL 1.1 SECTION INCLUDES A. General Requirements B. Regulatory Requirements C. Submittals D. Pedestrian Access E. Construction Parking Control F. Flagmen G. Flares and Lights H. Access Routes I. Roadway Usage Between Operations J. Traffic Signs and Signals K. Barricades L. Barriers M. Removal 1.2 RELATED SECTIONS A. Section 01 11 00 - Summary of Work 1.3 GENERAL REQUIREMENTS A. Unless otherwise authorized, keep at least one lane of traffic open at all times. B. When work is not in progress, keep all traffic lanes open. C. All traffic lanes shall be open during hours of darkness, weekends, and holidays 1.4 REGULATORY REQUIREMENTS A. Conformance: "Manual on Uniform Traffic Control Devices," U.S. Department of Transportation, or applicable statutory requirements of authority having jurisdiction. B. Contractor shall conform to applicable statutory requirements as set forth by Burlington Northern Santa Fe Railway Company when working in or near BNSF property. Issue for Construction: 01 57 00 - 1 Ditesco October 2014 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: H&H Data Services Inc. 2. Permanent main office address: 1 310 Webster Ave Fort Collins. CO 80524 3. When organized: 1998 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) See Att=ached 7. General character of Work performed by your company: W Provide and install communications cable and hardware. Have you ever failed to complete any Work awarded to you? No If so, where and why? 9. Have you ever defaulted on a contract? i\10 TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 57 00 TRAFFIC REGULATION 1.5 SUBMITTALS A. Submit under provisions of Section 01 33 00. CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION B. The Contractor shall submit each Method of Handling Traffic (MHT) prepared by a certified Traffic Control Supervisor (TCS) to the City of Fort Collins Traffic Department for approval prior to proceeding with any phases of the work. Reference the Work Area Traffic Control & Safety Handbook (http://www.fcgov.com/traffic/watc.php) as required. C. Upon receipt of the approved MHT from the City of Fort Collins Traffic Department, the approved MHT(s) should then be submitted to the project team per Section 01 33 00. 1.6 PEDESTRIAN ACCESS A. Maintain pedestrian and cyclist access to the bus station platforms during the hours of MAX BRT Operation as defined in Section 01 11 00. 1.7 CONSTRUCTION WORKERS PARKING A. Contractor may park work vehicles, maximum two (2) on the guideway in designated parking areas at each dual platform station nose. Vehicles must not extend beyond the painted areas as this will affect the bus operation. B. Contractor vehicles may not be parked in the guideway at any time unless otherwise authorized. 1.8 FLAGMEN A. Provide trained and equipped flagmen to regulate traffic when construction operations or traffic encroach on parking or traffic lanes. 1.9 FLARES AND LIGHTS A. Use flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 1.10 ACCESS ROUTES A. Coordinate with the Engineer to establish access routes to the guideway. B. Confine construction traffic to designated routes. C. Provide traffic control at critical areas of routes to regulate traffic, and to minimize interference with public traffic. 1.11 ROADWAY USAGE BETWEEN OPERATIONS A. At all times when work is not actually in progress, make open, passable, and maintain to traffic such portions of the Project and temporary roadways or portions thereof as may be agreed upon between Contractor and Engineer. 1.12 TRAFFIC SIGNS AND SIGNALS A. At approaches to site and on site, install at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic, cyclists, and pedestrians. Issue for Construction: 01 57 00 - 2 Ditesco October 2014 TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 57 00 TRAFFIC REGULATION CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION B. Install and operate traffic control signals to direct and maintain orderly flow of traffic in areas under Contractor's control, and areas affected by Contractor's operations. C. Relocate as Work progresses, to maintain effective traffic control. D. Protect all roadways by effective barricades on which are placed warning signs. 1.13 BARRICADES A. If barricades are required, illuminate by means of warning lights all barricades and obstructions form sunset to sunrise. 1.14 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide suitable barriers as required for public protection. C. Protect non -owned vehicular traffic, stored materials, site and structures from damage. D. Install facilities of a neat and reasonable uniform appearance, structurally adequate for the required purposes. E. Illuminate by means of warning lights all barricades and obstructions form sunset to sunrise. F. Relocate barriers as required by progress of construction. G. Completely remove barriers, including foundations, when construction has progressed to the point that they are no longer needed. H. Clean and repair damage caused by installation, fill and grade the areas of the site to required elevations and slopes and clean the area. 1.15 REMOVAL A. Remove equipment and devices when no longer required B. Repair damage caused by installation C. Remove post settings to a depth of 2 feet PART 2- PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION Issue for Construction: 01 57 00 - 3 Ditesco October 2014 TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 57 13 EROSION AND SEDIMENT CONTROL CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION SECTION 01 57 13 — EROSION AND SEDIMENT CONTROL PART 1- GENERAL 1.1 SECTION INCLUDES A. Furnish, install, and maintain erosion and sedimentation control materials and procedures. Remove upon completion of work. B. Design an erosion and sediment control plan in accordance with specified standards. Monitor compliance as required by applicable standards 1.2 GENERAL REQUIREMENTS A. Contractor shall submit an erosion and sediment control plan in accordance with Section 01 33 00. 1.3 EROSION AND SEDIMENT CONTROL A. Erosion and Sediment Control Plan: Prior to the start of work, the Contractor shall submit a Storm Water Management Plan (SWMP). The SWMP plan shall contain the following required information: 1. Name of Contractor's personnel responsible for managing the SWMP plan. 2. Analysis of the erosion and sediment controls needed for the Project, including extent of controls, appropriate methods and construction phasing or sequencing of work. B. The SWMP shall be designed in conformance with the U. S. Environmental Protection Agency (EPA) Document No. EPA 832/R-92-005 (September 1992 or latest version), Storm Water Management for Construction Activities, Chapter 3, or local erosion and sedimentation control standards and codes, whichever is more stringent. The plan shall meet the following objectives: 1. Prevent loss of soil during deconstruction by stormwater runoff and/or wind erosion, including protecting topsoil by stockpiling for reuse. 2. Prevent sedimentation of storm sewer or receiving streams. 3. Prevent polluting the air with dust and particulate matter. C. The SWMP should include the following information: 1. Statement of erosion control and stormwater control objectives. 2. Comparison of post -development stormwater runoff conditions with pre -development conditions. 3. Description of all temporary and permanent erosion control and stormwater control measures implemented on the project site. 4. Description of the type and frequency of maintenance activities required for the chosen erosion control methods. D. Contractor shall submit copies of the SWMP for review by the Engineer. Contractor shall make requested revisions and complete the approved SWMP- E. Install sediment control/silt fencing at site perimeter where necessary to prevent erosion and sedimentation from occurring off site. F. During and after site grading, maintain a roughened surface on all disturbed areas to minimize erosion potential. G. Construct temporary drainage swales with staked straw bale barriers to control drainage patterns and minimize erosion. Issue for Construction: 01 57 13 - 1 Ditesco October 2014 TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 57 13 EROSION AND SEDIMENT CONTROL CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION H. Provide gravel & wire or staked hay bale sediment traps at culvert inlets to prevent siltation. 1.4 EROSION AND SEDIMENT CONTROL IMPLEMENTATION A. Distribution: Contractor shall distribute copies of the approved SWMP to the Superintendent, each affected Subcontractor, Owner and Engineer. One copy shall be posted at the jobsite at all times. B. Instruction: Contractor shall provide onsite instruction of appropriate erosion and sediment control measures to be implemented and maintained at appropriate stages of the work. C. Erosion and Sediment Control Plan Compliance: Contractor shall implement, maintain and monitor compliance with the approved SWMP. 1. Protect areas prone to erosion from construction activities and implement a soil stabilization plan in susceptible areas D. Conditions in the field may warrant erosion control measures in addition to what is specified herein. The Contractor shall implement whatever measures are determined necessary, as directed by the Owner or Engineer. 5 DUST CONTROL A. Furnish and maintain such facilities or procedures as may be necessary to prevent air -borne dust generated by the construction activities of this project from affecting either the Owner's use of this site or neighboring properties. Damage to adjacent properties through Contractor's neglect of preventing air borne dust shall be paid for by the Contractor. B. Maintain damp jobsite at all times during demolition/deconstruction. 1.6 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from remote spaces prior to enclosing the space. C. Remove waste materials, debris, and rubbish from site not less than weekly and dispose off -site in accordance with local and state regulations PART 2- PRODUCTS 2.1 MATERIALS A. Erosion and Sediment Control Materials: Refer to specific silt fence and other required materials. B. Straw Bales: Not allowed. C. Wattles: 8" diameter machine -produced tube filled with compacted rice straw in seamless flexible netting material, creating a densely filled fiber log D. Bedding material used shall be equivalent to Colorado Division of Highways Class A filter material. Issue for Construction: 01 57 13 - 2 Ditesco October 2014 TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 57 13 EROSION AND SEDIMENT CONTROL PART 3- EXECUTION 3.1 PREPARATION CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION A. No earth -disturbing activity outside the limits designated on the plans is permitted. B. All required perimeter silt and construction fencing shall be installed prior to any land disturbing activity (stockpiling, stripping, grading, etc.). All other required erosion control measures shall be installed at the appropriate time in the deconstruction sequence as indicated in the approved SWMP, deconstruction drawings and erosion control report. C. At all times during construction, the Contractor shall be responsible for preventing and controlling onsite erosion including keeping the property sufficiently watered so as to minimize windblown sediment. The Contractor shall also be responsible for installing and maintaining all erosion control and mitigation facilities D. Pre -disturbance vegetation shall be protected and retained wherever possible. Removal or disturbance of existing vegetation shall be limited to the areas required for immediate deconstruction/demolition operations, and for the shortest practical period of time 3.2 EXECUTION A. All soils exposed during land disturbing activity (stripping, grading, utility installations, stockpiling, filling, etc.) shall be kept in a roughened condition by ripping or disking along land contours until mulch, vegetation or other permanent erosion control best management practices are installed. B. In order to minimize erosion potential, all temporary (structural) erosion control measures shall 1. Be inspected at a minimum of once after each significant storm event and repaired or reconstructed as necessary in order to ensure the continued performance of their intended function. 2. Remain in place until such time as all the surrounding disturbed areas are sufficiently stabilized as determined by the Owner and Engineer. 3. Be removed after the site has been sufficiently stabilized as determined by the Owner and Engineer. C. No soil stockpile shall exceed 10' in height. All soil stockpiles shall be protected from sediment transport by surface roughening, watering and perimeter silt fencing. Any soil stockpile remaining after 30 days shall be seeded and mulched. D. Silt Fence: Set stakes, construct 4" wide x 4" deep trench upslope of stakes, install fabric to bottom of trench, backfill and compact excavated trench. E. Wattle Sediment Barrier: Wattle sediment barriers will be installed after the initial grading of the site (in swales) and after the installation of storm pipes and inlets. Install wattles with ends tightly abutted. Stake each wattle into the ground with two (2) wooden stakes. END OF SECTION Issue for Construction: 01 57 13 - 3 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 75 00 STARTUP AND TESTING OF EQUIPMENT SECTION 01 75 00 — STARTUP AND TESTING OF EQUIPMENT PART 1- GENERAL 1.1 SECTION INCLUDES A. General requirements for startup and testing of equipment. 1.2 DESCRIPTION A. Contractor shall initially start-up and place all equipment installed by Contractor into successful operation according to manufacturer's written instructions and as instructed by manufacturer's field representative. Contractor shall provide all material, labor, tools, equipment, lubricants, and expendables required to complete start-up. B. Contractor shall facilitate integration of all equipment and work in conjunction with Owner in process integration. C. No system or subsystem shall be started up for continuous operation unless all components of that system or subsystem, including instrumentation have been testing and proven to be operable as intended by the Contract Documents. D. General activities include, but are not limited to the following: 1. Cleaning. 2. Labeling of all wire, conduit, and equipment. 3. Removing temporary protective coatings. 4. All adjustments required. 5. Operational testing completed for all equipment and systems. E. Provide fuel, electricity, water, filters, and other expendables required for start-up of equipment, unless otherwise specified. 1.3 OWNER FURNISHED MATERIALS & RESOURCES A. Owner shall provide sufficient personnel to assist Contractor in the start-up, but the prime responsibility for proper system operation shall belong to Contractor. It will be the Contractor's responsibility to provide all electrical and integration services necessary for the proper operation of the system during testing and start up. Manufacturer's representatives shall be present during initial startup and operation. B. Contractor shall provide manufacturers signed approval of equipment installation during the startup and testing portion of the work. C. Owner shall provide personnel to perform integration of the system to the overall MAX BRT remote software. D. No system, unit process or any piece of equipment shall be started up for continuous operation without the approved Operation and Maintenance Manuals being turned over to the Owner. E. Training shall be provided prior to turning the operation of a system over to the Owner. Training shall include both classroom and field training. The Contractor shall provide advance training materials and agenda a minimum of two days prior to the training session. The Contractor shall schedule training sessions when convenient for Owner. Training sessions shall be a minimum of '/ day for new equipment to Owner. Issue for Construction: 01 75 00 - 1 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 75 00 STARTUP AND TESTING OF EQUIPMENT F. Completion of start-up shall be when the Owner assumes responsibility for operation of the equipment. If the Owner does not assume operational responsibility and, in the opinion of the Engineer, start-up tasks are completed, the Engineer will notify Contractor, in writing, of the completion of the start-up period. 1.4 MINIMUM START-UP REQUIREMENTS A. Proof of Concept — Harmony Station 1. The Contractor shall complete the installation of all equipment and wiring at the Harmony Station. 2. Contactor shall coordinate with equipment manufacturer's certified representative to inspect and approve the installation of the equipment. Contractor shall provide a signed copy of the Certificate of Proper Installation form to the Engineer following this site inspection. 3. Contractor shall coordinate termination of train notification wiring, in the Traffic Control Cabinet, with City of Fort Collins Traffic Department Personnel. 4. Contactor shall coordinate field testing time and with the Engineer a minimum of two (2) days' prior to scheduled testing. Engineer will notify COFC Traffic personnel of time and date for scheduled testing. 5. Contractor shall complete the installation and testing of the Harmony gate operation and train notification in entirety. B. Upon successful completion of testing both the gate operation and train notification at the Harmony Intersection, the Engineer will approve Contractor to move forward with installation of wiring and equipment for the remainder of the project. Installation procedure for the duration of the project shall be performed in the manner as was approved at the Harmony Intersection Proof of Concept Mockup. C. Final Startup & Testing 1. Contractor shall coordinate with Engineer when installation is complete for the entire project. At this time the Contractor and Engineer will test all remote gate operation and train notification at the City of Fort Collins Transfort Dispatch Center. PART 2- PRODUCTS NOT USED PART 3- EXECUTION NOT USED END OF SECTION Issue for Construction: 01 75 00 - 2 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 77 00 CLOSEOUT PROCEDURES SECTION 01 77 00 — CLOSEOUT PROCEDURES PART 1- GENERAL 1.1 SECTION INCLUDES A. Closeout procedures B. Final cleaning C. Contractor's closeout submittals D. Project record documents and Delivery to Owner E. Substantial completion F. Final inspection G. Final application for payment 1.2 RELATED SECTIONS A. Construction Agreement B. General Conditions C. Section 26 05 19 — Low Voltage Electrical Power Conductors and Cables D. Section 40 91 00 — Instrumentation and Control Components 1.3 CLOSEOUT PROCEDURES A. Comply with requirements stated in Conditions of the Contract and in specifications for administrative procedures in closing out the Work. B. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. C. Provide submittals to Engineer/Owner that are required by governing or other authorities. D. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean site; sweep paved areas, rake clean landscaped surfaces. C. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 CONTRACTOR'S CLOSEOUT SUBMITTALS Issue for Construction: 01 77 00 - 1 Ditesco October 2014 TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 77 00 CLOSEOUT PROCEDURES CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION A. Evidence of payment and waiver of claims/liens: As specified in the General and Supplementary Conditions. B. Final inspection reports by all regulatory agencies demonstrating the agencies' final approval. C. At Contract close-out, deliver Record Documents to Engineer for the Owner. D. Accompany submittal with transmittal letter in duplicate, containing: 1. Date 2. Project title and number 3. Contractor's name and address 4. Title and number of each Record Document 5. Signature of Contractor or his authorized representative E. Operations and Maintenance Manuals 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings 2. Specifications 3. Addenda 4. Change Orders and other Modifications to the Contract 5. Reviewed shop drawings, product data, and samples 6. Field test reports 7. Construction photographs B. Store Record Documents and samples separate from documents used for construction. C. Record information concurrent with construction progress 1. Do not conceal any work until required information is recorded 2. Legibly mark to record actual construction D. Specifications and Addenda —Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name, product model, number, trade name and supplies 2. Product substitutions or alternates utilized 3. Changes made by Addenda, field order or change order E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish floor datum 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail 5. Details not on original Contract Drawings 6. Changes made by Field Order or by Change Order F. Submit documents to Engineer with claim for final Application for Payment. G. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes Issue for Construction: 01 77 00 - 2 Ditesco October 2014 TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 77 00 CLOSEOUT PROCEDURES CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION H. Make documents and samples available at all times for inspection by Engineer. Label each document "Project Record" in neat, large printed letters. 1.7 DELIVERY TO OWNER A. At or prior to the time of the inspection for substantial completion, deliver all required items to Engineer. 1. Contractor and representatives of Owner and Engineer shall inspect and inventory all items delivered. 1.8 SUBSTANTIAL COMPLETION A. The project shall not be determined to be substantially complete until the following items have been completed: 1. All wiring and equipment has been installed at each intersection and station ICON cabinet. 2. Proper remote operation of all gates is fully inspected by Engineer, and tested remotely. 3. All Certificate of Proper Installation forms have been completed by the manufacturer and contactor and received by the Engineer. 4. Proper remote notification of train location has been fully tested and is transmitted to the Transfort Dispatch Center. 5. Site cleanup is complete and all materials are removed from site. B. Substantial Completion shall not be allowed until each and every component of the project has been completed and approved by Engineer. When Contractor considers the Work to be substantially complete, he shall submit to Engineer: 1. A written notice that the Work or designated portion thereof is substantially complete 2. A list of items to be completed or corrected C. Within a reasonable time after receipt of such notice, Engineer will make an inspection to determine the status of completion. D. Should Engineer determine that the Work is not substantially complete: 1. Engineer will promptly notify the Contractor in writing, giving the reasons therefore 2. Contractor shall remedy the deficiencies in the Work and send a second written notice of substantial completion to Engineer. 3. Engineer will re -inspect the Work. E. When Engineer finds that the Work is substantially complete, he will: 1. Prepare and deliver to Owner a tentative Certificate of Substantial Completion with a tentative list of items to be completed or corrected before final payment. 2. After consideration of any objections made by the Owner as provided in Conditions of the Contract and when Engineer considers the Work substantially complete, he will execute and deliver to the Owner and the Contractor a definite Certificate of Substantial Completion with a revised tentative list of items to be completed or corrected. 1.9 FINAL INSPECTION A. When Contractor considers the Work is complete, he shall submit written certification that: 1. Contract Documents have been reviewed 2. Work has been inspected for compliance with Contract Documents 3. Work has been completed in accordance with Contract Documents 4. Work is completed and ready for final inspection Issue for Construction: 01 77 00 - 3 Ditesco October 2014 If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. Max BRT $1,000,000; Poudre Schools $400,000 remodel, August 2014 Micro Motion $200.000 addition. July 2014; Otter Box $210,000 5 story bldg. March 2014 12. List your major equipment available for this contract. Fluke.DTS 1800 Micro Scanner; Fiber and Copper Splicing Trailer; C npany Vans, Fully Stocked 13. Experience in construction Work similar in importance to this project: MAX BRT Weld School District fiber installation - 4 miles overhead and 14. Background and experience of the principal members of your organization, including officers: —See Att�eherl TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 77 00 CLOSEOUT PROCEDURES CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION a. Final Completion shall be defined as all equipment and wiring installation is complete, all equipment is tested and certified, clean up and demobilization complete; the site is restored to original condition. B. Engineer and Owner will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Engineer consider that the Work is incomplete or defective: 1. Engineer will promptly notify the Contractor in writing listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to Engineer that the Work is complete 3. Engineer will re -inspect the Work D. When the Engineer finds that the Work is acceptable under the Contract Documents, he shall request the Contractor to make final closeout submittals. 1.10 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the General Conditions of the Contract. PART 2- PRODUCTS Not Used PART 3- EXECUTION Not Used END OF SECTION Issue for Construction: 01 77 00 - 4 Ditesco October 2014 TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 78 23 CLOSEOUT PROCEDURES CITY OF FORT COLLINS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION SECTION 01 78 23 — OPERATIONS AND MAINTENANCE DATA PART 1- GENERAL 1.1 SECTION INCLUDES A. Operations and Maintenance Manual Requirements and Submittals 1.2 RELATED SECTIONS A. Construction Agreement B. General Conditions C. Section 01 77 00 - Close Out Procedures D. Section 26 05 19 — Low Voltage Electrical Power Conductors and Cables E. Section 40 91 00 — Instrumentation and Control Components 3 REQUIREMENTS A. Provide Operation and Maintenance Data in the form of instructional manuals for use by the Owner's personnel for: 1. All equipment and systems. 2. All gates and related accessories. 3. All instruments and control devices. 4. All electrical gear. B. Summarize each Operations and Maintenance training and provide documentation of all training, for all equipment, including the following: 1. Record of manufacturer, and manufacturer's representative on site for training. 2. Training agenda/syllabus. 3. Training attendance record. 4. Training materials. 5. Date of Training. C. Operation and Maintenance Data: 1. Required Operation and Maintenance Data includes, but is not limited to, the following: a. Complete, detailed written operating instructions for each product or piece of equipment including equipment function; operating characteristics; limiting conditions; operating instructions for startup, normal conditions; regulation and control; and shutdown. b. Complete, detailed written preventive maintenance instructions as defined below. C. Recommended spare parts lists, by generic title and identification number, and local sources of supply for parts. d. Written explanations of all safety considerations relating to operation and maintenance procedures. e. Name, address and phone number of manufacturer, manufacturer's local service representative, and Subcontractor or installer. f. Copy of all approved Shop Drawings, and copy of warranty bond and service contract as applicable, including circuit diagrams, schematics and functional drawings. g. Final test data, where applicable, shall be submitted as an appendix when completed. Issue for Construction: 01 78 23 - 1 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 01 78 23 CLOSEOUT PROCEDURES h. Disassembly, reassembly, installation, alignment, adjustment, and checking instructions. i. Provide installation data. j. Written reference to equipment tag number. 2. Preventative Maintenance Instructions including, but not limited to, the following: a. A written explanation with illustrations for each preventive maintenance task. b. Recommended schedule for execution of preventive maintenance tasks. C. Lubrication charts. d. Table of alternative lubricants. e. Trouble shooting instructions. f. List of required maintenance tools and equipment. 1.4 SUBMITTALS A. Operations and Maintenance Manuals shall meet the requirements of section 01 33 00 — Submittal Procedures. PART 2- PRODUCTS Not Used PART 3- EXECUTION Not Used END OF SECTION Issue for Construction: 01 78 23 - 2 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 26 05 19 LOW VOLT ELEC POWER CONDUCTORS & CABLES SECTION 26 05 19 - LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Contract Documents B. Division 01 — General Requirements C. Section 40 91 00 — Instrumentation and Control Components 1.2 SUMMARY A. This Section includes the following: 1. Building wires and cables rated 600 V and less. 2. Connectors, splices, and terminations rated 600 V and less. 3. Sleeves and sleeve seals for cables. 1.3 DEFINITIONS A. EPDM: Ethylene-propylene-diene terpolymer rubber. B. NBR: Acrylonitrile-butadiene rubber. 1.4 SUBMITTALS A. Product Data: For each type of product indicated. B. Qualification Data: For testing agency. C. Field quality -control test reports. 1.5 QUALITY ASSURANCE A. Testing Agency Qualifications: An independent agency, with the experience and capability to conduct the testing indicated, that is a member company of the InterNational Electrical Testing Association or is a nationally recognized testing laboratory (NRTL) as defined by OSHA in 29 CFR 1910.7, and that is acceptable to authorities having jurisdiction. 1. Testing Agency's Field Supervisor: Person currently certified by the InterNational Electrical Testing Association or the National Institute for Certification in Engineering Technologies to supervise on -site testing specified in Part 3. B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. C. Comply with NFPA 70. 1.6 COORDINATION A. Coordinate with the Traffic Engineer, Britney Sorenson, at the City of Fort Collins Traffic Department prior to the installation of wiring. Contact Phone: (970) 231-3832. Issue for Engineer: 26 05 19 - 1 Ditesco October 1, 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 26 0519 LOW VOLT ELEC POWER CONDUCTORS & CABLES 1. City of Fort Collins Traffic Department will terminate all wires in the Traffic Controller cabinets. B. Coordinate with the Engineer for field testing per Section 01 75 00. PART 2 — PRODUCTS 2.1 CONDUCTORS AND CABLES A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Alcan Products Corporation; Alcan Cable Division. 2. American Insulated Wire Corp.; a Leviton Company. 3. General Cable Corporation. 4. Senator Wire & Cable Company. 5. Southwire Company. C. Copper Conductors: Comply with NEMA WC 70. D. Conductor Insulation: Comply with NEMA WC 70 for Types THW, THHN-THWN, and XHHW. 2.2 CONNECTORS AND SPLICES A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. AFC Cable Systems, Inc. 2. Hubbell Power Systems, Inc. 3. O-Z/Gedney; EGS Electrical Group LLC. 4. 3M; Electrical Products Division. 5. Tyco Electronics Corp. C. Description: Factory -fabricated connectors and splices of size, ampacity rating, material, type, and class for application and service indicated. 2.3 SLEEVES FOR CABLES A. None used — all conduit and sleeves have been installed by Others. PART 3 — EXECUTION 3.1 CONDUCTOR MATERIAL APPLICATIONS A. Feeders: Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. Issue for Engineer: 26 05 19 - 2 Ditesco October 1, 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 26 05 19 LOW VOLT ELEC POWER CONDUCTORS & CABLES B. Branch Circuits: Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. 3.2 CONDUCTOR INSULATION APPLICATIONS AND WIRING METHODS A. Service Entrance: Type THHN-THWN, single conductors in raceway or Type XHHW, single conductors in raceway. B. Exposed Feeders: Type THHN-THWN, single conductors in raceway. C. Feeders Concealed in Ceilings, Walls, Partitions, and Crawlspaces: Type THHN-THWN, single conductors in raceway. D. Feeders Concealed in Concrete, below Slabs -on -Grade, and Underground: Type THHN-THWN, single conductors in raceway. E. Exposed Branch Circuits: Type THHN-THWN, single conductors in raceway. F. Branch Circuits Concealed in Ceilings, Walls, and Partitions: Type THHN-THWN, single conductors in raceway. G. Branch Circuits Concealed in Concrete, below Slabs -on -Grade, and Underground. - Type THHN-THWN, single conductors in raceway. H. Class 1 Control Circuits: Type THHN-THWN, in raceway. I. Class 2 Control Circuits: Type THHN-THWN, in raceway. 3.3 INSTALLATION OF CONDUCTORS AND CABLES A. Conceal cables in finished walls, ceilings, and floors, unless otherwise indicated. B. Use manufacturer -approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. C. Use pulling means, including fish tape, cable, rope, and basket -weave wire/cable grips that will not damage cables or raceway. D. Install exposed cables parallel and perpendicular to surfaces of exposed structural members, and follow surface contours where possible. E. Identify and color -code conductors and cables with the following criteria: 1. Manufacturers: a. Brady ID. 2. Description: Heat shrink wire labels only F. Wire Color: 1. For wire sizes 10 AWG and smaller, install wire colors in accordance with the following: a. Black, Orange, and red for circuits at 120/240 volts single or three phase. 2. Neutral Conductors: White. When two or more neutrals are located in one conduit, individually identify each with proper circuit number. 3. Branch Circuit Conductors: Install three or four wire home runs with each phase uniquely color coded. Issue for Engineer: 26 05 19 - 3 Ditesco October 1, 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 26 05 19 LOW VOLT ELEC POWER CONDUCTORS & CABLES 4. Feeder Circuit Conductors: Uniquely color code each phase. 5. Ground Conductors: 1. For 6 AWG and smaller: Green. 2. For 4 AWG and larger: Identify with green tape at both ends and visible points including junction boxes. 3.4 CONNECTIONS A. All wire terminated on the MOXA 1214-T and the MOXA SP-24-T shall be terminated with ferrules using an approved ferrule crimping tool. B. All wire terminated on terminal blocks, relays, or control boards shall be terminated with ring type terminals using an approved ratchet type crimper. Fork type terminals are not permitted. C. Tighten electrical connectors and terminals according to manufacturer's published torque - tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A and UL 486B. D. Make splices and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. Use oxide inhibitor in each splice and tap conductor for aluminum conductors. E. Wiring at Outlets: Install conductor at each outlet, with at least 6 inches (150 mm) of slack. 3.5 SLEEVE INSTALLATION FOR ELECTRICAL PENETRATIONS A. All electrical sleeves have been installed by Others. 3.6 SLEEVE -SEAL INSTALLATION A. Install to seal underground exterior -wall penetrations. B. Use type and number of sealing elements recommended by manufacturer for cable material and size. Position cable in center of sleeve. Assemble mechanical sleeve seals and install in annular space between cable and sleeve. Tighten bolts against pressure plates that cause sealing elements to expand and make watertight seal. 3.7 FIRESTOPPING A. Apply firestopping to electrical penetrations of fire -rated floor and wall assemblies to restore original fire -resistance rating of assembly. 3.8 FIELD QUALITY CONTROL A. Testing Agency: Engage a qualified testing agency to perform tests and inspections and prepare test reports. B. Perform tests and inspections and prepare test reports. C. Tests and Inspections: 1. After installing conductors and cables and before electrical circuitry has been energized, test service entrance and feeder conductors for compliance with requirements. Issue for Engineer: 26 05 19 - 4 Ditesco October 1, 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 26 05 19 LOW VOLT ELEC POWER CONDUCTORS & CABLES Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. Infrared Scanning: After Substantial Completion, but not more than 60 days after Final Acceptance, perform an infrared scan of each splice in cables and conductors No. 3 AWG and larger. Remove box and equipment covers so splices are accessible to portable scanner. a. Follow-up Infrared Scanning: Perform an additional follow-up infrared scan of each splice 11 months after date of Substantial Completion. b. Instrument: Use an infrared scanning device designed to measure temperature or to detect significant deviations from normal values. Provide calibration record for device. c. Record of Infrared Scanning: Prepare a certified report that identifies splices checked and that describes scanning results. Include notation of deficiencies detected, remedial action taken, and observations after remedial action. D. Test Reports: Prepare a written report to record the following: 1. Test procedures used. 2. Test results that comply with requirements. 3. Test results that do not comply with requirements and corrective action taken to achieve compliance with requirements. E. Remove and replace malfunctioning units and retest as specified above. END OF SECTION Issue for Engineer: 26 05 19 - 5 Ditesco October 1, 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 40 — INSTRUMENTATION & CONTROL MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 40 91 00 — INSTRUMENTATION AND CONTROL COMPONENTS SECTION 40 91 00 - INSTRUMENTATION AND CONTROL COMPONENTS PART 1 — GENERAL 1.01 SUMMARY A. This section gives general requirements for instrumentation and control components. 1.02 REFERENCES A. National Fire Protection Association (NFPA): 1. NFPA 70 — 2008 National Electrical Code (NEC). 2. NFPA 496 — Purged and Pressurized Enclosures for Electrical Equipment, where applicable. 3. NFPA 820 — Standard for Fire Protection in Wastewater Treatment and Collection Facilities. B. Underwriters Laboratories, Inc. (UL): 1. UL 508 — Industrial Control Equipment. 2. UL 508A — Industrial Control Panels. C. American National Standards Institute (ANSI): 1. ANSI B16.5 — Pipe Flanges and Flanged Fittings. A. 1.03 CONTRACT DRAWINGS A. The instrumentation and control Drawings show in a diagrammatic manner, the desired locations, and arrangements of the components of the instrumentation work. Follow the Drawings as closely as possible, use professional judgment and coordinate with the other trades to secure the best possible installation, use the entire Drawing set for construction purposes. B. Locations of equipment, control devices, instruments, boxes, panels, etc. are approximate only, exercise professional judgment in executing the work to ensure the best possible installation: 1. The equipment locations and dimensions shown on plans and elevations are approximate. Use the shop drawings to determine the proper layout for final installation. Coordinate with all Subcontractors to ensure that all instrumentation and control equipment is compatible with other equipment and space requirements. Make changes required to accommodate differences in equipment dimensions. C. Installation Details: 1. The Contract Drawings include installation details showing means and methods for installing instrumentation and control equipment. For cases where typical details are not provided or compatible with an installed location, develop installation details that are necessary for completing the Work, and submit these details for review by the Engineer. 1.04 SYSTEM DESCRIPTION A. General Requirements 1. The Work includes everything necessary for and incidental to executing and completing the general requirements for the instrumentation and control system Work described in the Contract Drawings and Specifications and reasonably inferable there from including but not limited to: Issue for Construction: 4091 00-1 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 40 — INSTRUMENTATION & CONTROL MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 40 91 00 — INSTRUMENTATION AND CONTROL COMPONENTS 2. Preparing hardware submittals for field instrumentation. 3. Design, develop, and draft all drawing submittals specified. 4. Prepare the test plan, the training plan, and the spare parts submittals. 5. Procure all hardware. 6. Perform bench calibration and verify calibration after installation. 7. Conduct the Performance Tests. 8. Prepare Operation and Maintenance Manuals. 9. Conduct training classes. 10. Prepare Record Drawings. 11. Develop all requisite record drawings associated with equipment provided under other Divisions of these Specifications and OWNER furnished and existing equipment. 12. Resolve signal, power, or functional incompatibilities between the PCIS and interfacing devices. B. It is the intent of these Specifications that the entire electrical power, instrumentation, and control system be complete and operable. Provide all necessary material and labor for the complete system from source of power to final utilization equipment, including all: connections, testing, calibration of all equipment furnished by others as well as equipment furnished by the Contractor, whether or not specifically mentioned but which are necessary for successful operation. C. Coordinate all aspects of the Work between Contractor and all Subcontractors before bidding to ensure that all costs associated with a complete installation are included. The Owner is not responsible for any change orders due to lack of coordination of the Work between the Contractor, Subcontractors, or Suppliers. D. Furnish detailed, complete, and thorough operations and maintenance documentation, including, but not limited to: Operations Manuals, Maintenance Manuals, As -Built Wiring Drawings, Training Manuals, As -Built Software Documentation, and all other documentation required to operate, modify, and maintain all parts of the System. E. Portions of this project involve installation in existing facilities and interfaces to existing circuits, power systems, controls, and equipment. 1. Perform and document comprehensive and detailed field investigations of existing conditions (circuits, power systems, controls, equipment, etc) before performing any work. F. Provide and document: interface with, modifications to, upgrade, or replacement of existing circuits, power systems, controls, and equipment. 1.05 SUBMITTALS A. Provide submittals per Section 01 33 00 — Submittal Procedures. B. Submit copies of shop drawings, and product data, in addition to the requirements of this Section: 1. Show dimensions, construction details, wiring diagrams, controls, manufacturers, catalog numbers, and all other pertinent details. C. Where Submittals are required, provide a separate submittal for each Specification section. In order to expedite construction, the Contractor may make more than one submittal per Specification section, but a single submittal may not cover more than one Specification section: Issue for Construction: 4091 00-2 Ditesco October 2014 15. Credit available: $ 1 16. Bank Reference: First Nati anal Bank 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Yes 18. Are you licensed as a General Contractor? Nn 19 If yes, in what city, county and state? What class, license and numbers? Do you anticipate subcontracting Work under this Contract? No If yes, what percent of total contract? And to whom? 20. Are any lawsuits pending against you or your firm at this time? No IF yes, DETAIL 21. What are the limits of your public liability? DETAIL $5.000,000 each occ. ,aag.-1.imit What company? Secura Insurance 22. What are your company's bonding limitations? $300400 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. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 40 — INSTRUMENTATION & CONTROL MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 40 91 00 — INSTRUMENTATION AND CONTROL COMPONENTS D. Submittals shall be provided for: 1. Product Data 1.06 OPERATIONS AND MAINTENANCE MANUAL A. Furnish in accordance with the following requirements. B. Submit preliminary sets of these manuals to the Engineer for review of format and content: 1. Engineer will return 1 set with comments. 2. Revise and/or amended as required and submit the requisite number of copies to the Engineer 15 days before Pre -commissioning of the systems. C. Incorporate changes that occur during startup and submit as part of the final manuals. D. Provide comprehensive information on all systems and components to enable operation, service, maintenance, and repair. E. Include Record Documents and the approved shop drawing submittals, modified for conditions encountered in the field during the work. F. Include signed results from Manufacturers, Engineer, Startup & Testing Checklists, and Performance Testing. G. Provide installation, connection, operating, calibration, adjustment, test, troubleshooting, maintenance, and overhaul instructions in complete detail. H. Organize the Operation and Maintenance Manuals for each process in the following manner: 1. Section A — Process and Instrumentation Diagrams. 2. Section D — Instrument Summary. 3. Section E — Instrument Data Sheets and Brochures. 4. Section F — Test Results. 5. Section G — Spare Parts List. PART 2 — PRODUCTS 2.01 GENERAL A. Electrical and Control components utilized for the purposes or remotely notifying the Owner of location of trains on the BNSF Railway. Owner will also utilize this system to remotely view and operate the HySecurity gates currently installed on the MAX BRT Guideway. B. The Drawings and Specifications are complementary and are to be used together in order to fully describe the Work. 2.02 ELECTRICAL COMPONENTS A. MIS Cabinet Enclosure: 1. Install DIN Rail Mounting Bracket 2. DIN Rail Mounting Bracket assembly components to be provided by Others for Contractor installation. Issue for Construction: 4091 00 - 3 Ditesco October2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 40 — INSTRUMENTATION & CONTROL MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 40 91 00 — INSTRUMENTATION AND CONTROL COMPONENTS 2.03 I&C EQUIPMENT A. Provide all material and labor needed to install the actual equipment furnished, include all costs to add any additional instruments, wiring, control system inputs/outputs, controls, interlocks, electrical hardware etc., which may be necessary to make a complete, functional installation based on the actual equipment furnished 1. Make all changes necessary to meet the manufacturer's wiring requirements B. Contractor to provide materials Der the table below or Approved Equal: Manufacturer Model Number Quantity MOXA SPL-24-T PoE Splitter 8 Altech DC Breaker 8 C. No equipment substitutions will be permitted. D. Furnish all materials under this Contract that are new, free from defects, and standard products produced by manufacturers regularly engaged in the production of these devices and that bear all approvals and labels as required by the Specifications. E. Provide materials complying with the applicable industrial standard in accordance with the General Conditions PART 2 — EXECUTION 3.01 INSTALLATION A. Owner has procured the DIN Rail Mounting Bracket assembly. Contractor to coordinate material transfer with Engineer. B. Contractor to install DIN Rail Mounting Bracket in MIS Enclosure 1. MIS enclosure is the top enclosure in the Communications Cabinet at each station ICON. C. Contractor to install MOXA SPL-24-T PoE Splitter, MOXA IOLogic E1214-T and Altech DC Breaker on DIN mounting Bracket. D. Wire shall be pulled to HySecurity Gates, as called out in contract documents. E. Wire shall be pulled to Traffic Control Cabinet as a component of train operation. 1. Coordinate with City of Fort Collins Traffic Department for termination of wire in Traffic Control Cabinet. 3.02 FIELD QUALITY CONTROL A. Phase work according to Section 01 75 00 — Startup and Testing. Proof of Concept work must be installed first at the Harmony Station. B. Allow for inspection of PCIS installation. C. Provide any assistance necessary to support inspection activities. D. ENGINEER inspections may include, but are not limited to, the following: 1. Inspect equipment and materials for physical damage. Issue for Construction: 4091 00-4 Ditesco October 2014 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 40 — INSTRUMENTATION & CONTROL MAX BRT GATE OPERATION AND TRAIN NOTIFICATION 40 91 00 — INSTRUMENTATION AND CONTROL COMPONENTS 2. Inspect installation for compliance with Drawings and Specifications. 3. Inspect installation for obstructions and adequate clearances around equipment. 4. Inspect equipment installation for proper leveling, alignment, anchorage, and assembly. 5. Inspect equipment nameplate data to verify compliance with design requirements. 6. Inspect cable terminations. 7. Inspect/witness instrument calibrations/verifications 3.03 CLEANING A. Vacuum clean all control panels and enclosures before start-up and again after final completion of the project. B. Clean all panel surfaces. C. Return to new condition any scratches and/or defects. D. Wipe all instrument faces and enclosures clean. E. Leave wiring in panels, manholes, boxes, and other locations in a neat, clean, and organized manner: 1. Neatly coil and label all spare wiring lengths. Shorten, re -terminate, and re -label excessive spare wire and cable lengths, as determined by the ENGINEER. END OF SECTION Issue for Construction: 4091 00 - 5 Ditesco October 2014 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 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 Certificates 00600-1 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 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 Dated at jIr this 28 day of October , 2014. Company: Data Services By: Printed: Joseph M. Hehn Title: Z/f State of County of Larimr Joseph M. Hehn being duly sworn deposes and says that he is VP of H&H Data Servi ces Inc. (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 2R day of rr-+-chPr 2014 (Seal) tary 6iblic JOCELYN L DURYEA My commission expires: STATETOF COLBLI Do NOTARY ID # 20134040544 MY COMMISSION EXPIRES JULY 05, 2017 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 5% of the contract. ITEM SUBCONTRACTOR N/A BIDDERS LIST Project Name and Number Project Code I Proposal Date I Contractor Region MAX BRT Gate 8014 1 10 28 14 H&H Data Services Inc subcontractors/suppliers/Vendors: The bidder must list all firms seeking to participate on the contract. This information is used by the Colorado Department of Transportation (COOT) to determine overall goals for the Disadvantaged Business Enterprise Program. Failure to submit this form may result in the proposal being rejected, Work Proposed DBE Selected Firm Name Email (Select all that apply) (Y/N) (YIN) I Tech miles . urner ms1 ec . com IMUM svitcn inn ec ric wria win ec 1c.'C0M c li certifv that the information provided herein is true and correct to the best of my knowfedae. _ 1 iNameJoseiDh M. Hehn ISignature/lni ITitleVP (Date� I 1 Work Proposed Categories: 1. Materials and Supplies 2. Flagging and Dalhc Control 3 Trucking and Hauling 4. Precast Concrete, Foundations. and Footings 5. Concrete Paving, Flatrtvrk and Repair 6. Lighting and Electrical 7. Signs, Signal Installation. and Guardrail 8. Fancing 9- Buildings and Vertical Structures 40. Ulifily. Water and Sewer Lines is form must be submitted by the propos 11. Structural del and Steel Reinlowement 12. Rlprap and Anchored Retaining Walls 13. Landscape and Erasion Control 14, Bndge and Bridge Deck Construction 15, Asphalt Paving f 6. Road and Parking Lot Marking f7. Chip Seal, Crack Seal, Joint Seal and Crack Fill f8. Bridge Painting one Coating 19. Stairway and Omamental Metal 20, Parking Lots and Commercial Sidewalks deadline. For CDOT projects, submit to 21. Clearing, Demolition, Excavation and Eatthwnrk 22. Engineering and Surveying Services 23. Public Relations and involvement 24. Piles and Deep Foundations 25. Waste Management and Recycling 26. Site Clean Up 27. Alochanical and HVAC 28. Tunnel Construction 29. Profiling and Grinding 30. Environmental Health and Safety CDOT Form ##1413 01/14 COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: H&H Data Services Project 8014 .Contact: Joseph M. Hehn Project Code: Phone: P70.482.6064 Date of Proposal: 10/28/14 Email: jc--@hhclatase-rvices.com Contract Goal: Preferred Contact Method: Region: DRE ommitments DBE Firm Name Work to Be Performed Commitment Amount Eligible Participation Total Eligible Participation Total Bid Amount Total Eligible Participation Percentage Bidder Signature This section must be signed by an individual with the authority to bind the Bidder. By signing this form, as an authorized representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are true and complete to the best your knowledge. Further, you attest that you have read the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the following: CDOT shall not award a contract until it has been determined that the contract goal has been met or that you have otherwise demonstrated good cause. Once your proposal has been submitted, commitments may not be modified or terminated without the approval of CDOT. If selected as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed above. If you have not met the contract goal, you will also be required to submit documentation of all good faith efforts to meet the contract goal. It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and thattheir eligible participation has been properly counted. For additional information and instructions on calculating eligible participation, see the Standard Special Provision Disadvantaged Business Enterprise Requirements. Name I Title Signa Date Thic form mutt ha cnhmMori by tha mmnncal riaariline "I rPfyl rrint hn rihafnrmcNBctata r4 n Civil Rights and Business Resource Center CDOT Form # 1414 01/14 COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO. 8014 ANTI -COLLUSION AFFIDAVIT LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 313, No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered Into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any Intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made In this affidavit. S. 1 understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Contractor's firm or company numo By H&H Data Services Inc. 2nd contracrors firm or company name (Il joint venture.) By Dale Title Sworn to before me this � �'� day of, 20 >—� Noia c ` JOCELYN L DURYEA NOTARY PUBLIC My oommilKion o es '7 STATE OF COLORADO NOTARY ID # 20134040644 NOTE: This document must be signed in ink. MY COMMISSION EXPIRES JULY 05, 2017 CDOT Form 0606 1/02 H&H Data Services, Inc. SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS 6. Contracts on hand: Name of Contract Contractor Amount Est. End Date FRCC Tech Bldg. Gregory Electric $ 126,587.00 12/31/2014 USDA/ARS - Cheyenne Versa Tech $ 13,724.10 10/31/2014 214 N. Howes City of Ft. Collins $ 10,436.18 12/31/2014 Police Services City of Ft. Collins $ 14,644.04 12/31/2014 Public Works Weld County $ 5,063.34 10/31/2014 _sMDATA SERVICES,.. DATA H VOICE CABLING • PHONE SYSTEMS Background and Qualifications For Joseph M. Hehn, V.P., RCDD Background Joseph Hehn and George Hehn founded H&H Data Services in 1992 in Ft. Collins. Both were born and raised in Fort Collins or Wellington. George Graduated from Wellington High School in 1954 and Joseph from Poudre High School in 1980. As the managing owner, Joe has led H&H Data Services to become the premier low voltage cabling company in Northern Colorado. Prior to H&H Data Services, Joe managed two offices for voice and data cabling company in Texas. Joe has been a registered RCDD since 1996 and a Master Electrician since 1992. He has over 25 years experience in Structured Cabling Systems design, specification and installation. As H&H Data Services' RCDD of record, he ensures that all designs and specifications conform to TIAIEIA standards for structured cabling systems, as well as NEC and local codes and ordinances. Throughout the industry, Joe is respected for his technical expertise, commitment to customer satisfaction and long-term customer relationships. Qualifications ■ RCDD ■ Master Electrician ■ BICSI Member ■ Corning NPI (Network of Preferred Installers) Certified Installer ■ Corning NPI Designer ■ Network Copper Certification ■ Network Fiber Certification ■ CommScope Certified Designer • Siemon Cabling System Authorized Designer ■ Siemon Premier Certified Installer ■ Krone Certified Installer • Flextray Certified Installer SERV DATA u�=■=ti' SERVICESIN,:. "-.. DATA H VOICE CA9L NG • PHONE SYSTEMS Background and Qualifications For James Daniels, Operations Manager Background James Daniels has been with H&H Data Services since it's inception in 1992, Jim started out with H&H Data Services as a Lead Technician and now carries the responsibilities of Operations Manager. Prior to working at H&H Data Services, Jim was a Lead Technician for a voice and data cabling contractor in Dallas, TX and worked as a journeyman electrician in Colorado. Jim excels at managing projects, start to finish. Included in his project management are: ■ Ensure the project remains on -time and on -budget. ■ Identify and manage risks. ■ Provide prompt and complete communication. ■ Optimization of resources. ■ Monitor and control project scope of work. ■ Meet or exceed appropriate specifications. • Meet all NEC, OSHA, state and local codes/ordinances. ■ Crew appropriately for scope of work. ■ Provide full documentation per project requirements. Jim has earned the respect of his crews, management and customers. Qualifications ■ Corning NPI (Network of Preferred Installers) Certified Installer ■ Network Copper Certification ■ Network Fiber Certification ■ CommScope Certified Installer (Systimax and Uniprise) ■ Siemon Cabling System Authorized Installer ■ Krone Certified Installer ■ Flextray Certified Installer ■ Bogen Certified Installer IMDATA SERVICES., DATA B VOgIICE CABLING • PHONE SYSTEMS Background and Qualifications For JoeBob Tremelling, Project Manager Background JoeBob started out as a technician for H&H Data Services in 2000 and has been a Lead Technician since 2002 and a Project Manager since 2013. JoeBob has led major projects for customers such as City of Ft. Collins Police Department, Poudre School District, Array BioPharma, Salud Family Medical Centers, Center Partners, Anheuser Busch, Advanced Energy, Weld County, City of Greeley and Windsor School District to name a few. Prior to working for H&H Data Services, JoeBob worked in the construction industry. His knowledge of building design and construction facilitates his knowledge of structured cabling. Qualifications ■ BICSI Certified Installer ■ Corning NPI (Network of Preferred Installers) Certified Installer ■ CommScope Certified Installer (Systimax and Uniprise) • Siemon Cabling System Authorized Installer • Panduit Certified Installer ■ ADC Certified Installer ■ Flextray Certified Installer IJ DATA SERVICES.. w.. DATA H VOICE CABLING • PHONE SYSTEMS Background and Qualifications For Phil Chase, Lead Technician Background Phill started out as a Lead Technician for H&H Data Services in 2011. Phil has led major projects for customers such as USDA, City of Fort Collins, IBM, Array BioPharma, Salud Family Medical Centers, Center Partners, Anheuser Busch, Advanced Energy, Weld County, City of Greeley and Windsor School District to name a few. Prior to working for H&H Data Services, Phil worked in the Fiber Optic Installation industry in the Northwest. His knowledge of building design and construction facilitates his knowledge of structured cabling. Qualifications ■ BICSI Certified Installer ■ Corning NPI (Network of Preferred Installers) Certified Installer ■ CommScope Certified Installer (Systimax and Uniprise) ■ Siemon Cabling System Authorized Installer ■ Panduit Certified Installer ■ ADC Certified Installer ■ Flextray Certified Installer ■ Bogen Certified Installer SECTION 00020 INVITATION TO BID DATA SERVICES., DATA 9 VOICE CABLING • PHONE SYSTEMS Background and Qualifications For Gregory Trock, Lead Technician Background Greg is our most recent Lead Tecnician from 2012 at H&H Data Services. Prior to working for H&H Data Services, Greg worked in the construction industry as a low voltage residential specialist installing home automation, Network, Voice, Video, and Security. His knowledge of building design and construction facilitates his knowledge of structured cabling. Qualifications ■ Siemon Cabling System Authorized Designer • Panduit Certified Installer ■ ADC Certified Installer • Flextray Certified Installer SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: November 14, 2015 TO: H&H Data Services Inc. PROJECT: 8014 MAX BRT Gate Operation & Train Notification OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated October 28, 2014 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8014 MAX BRT Gate Operation & Train Notification. The Price of your Agreement is Fifty -Nine Thousand One Hundred Forty Dollars and Fifteen Cents ($59,140.15). 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 November 28, 2014. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Insurance Certificate designating the City of Fort Collins as additional insured for General Liability and Automobile. 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: Ger S.�RduI Director of Purchasing & Risk Management SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 12th day of November in the year of 2014 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and H&H Data Services Inc. (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 8014 MAX BRT Gate Operation & Train Notification and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by Ditesco, LLC. The City of Fort Collins Engineering Department is hereinafter called ENGINEER and will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within sixty(60) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within seven (7) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal 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: Two Hundred Dollars ($200.00) for each calendar day or fraction thereof that expires after the sixty (60) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, One Hundred Dollars ($100.00) for each calendar day or fraction thereof that expires after the seven (7) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Fifty_ Nine Thousand One Hundred Forty Dollars and Fifteen Cents ($59,140.15), 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: SITE LAYOUT DRAWINGS SS01 - HARMONY INTERSECTION SS02 - HORSETOOTH INTERSECTION SS03 - MCCLELLAND INTERSECTION SSO4 - DRAKE INTERSECTION SS05 - PROSPECT INTERSECTION SS06 - LAKE INTERSECTION SS07 - PITKIN INTERSECTION SS08 - UNIVERSITY INTERSECTION SS09 - MULBERRY INTERSECTION SS10 - LAPORTE/MAPLE INTERSECTION ELECTRICAL ONE -LINE DRAWINGS GE01 - SCADA INTERFACE PANEL EE01 - HARMONY INTERSECTION EE02 - HORSETOOTH/MCCLELLAND INTERSECTION EE03 - DRAKE INTERSECTION EE04 - PROSPECT/LAKE INTERSECTION EE05 - PITKIN/UNIVERSITY INTERSECTION EE06 - MULBERRY INTERSECTION EE07 - LAPORTE/MAPLE INTERSECTION The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers N/A to N/A, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: CITY OF FORT COLLINS By: 4 N GERRY S. PAUL DIRECTOR OF PURCHASING AND RISK MANAGEMENT Title: ��'*'�'✓' �` /'`S Date: t -&"l t I V1 Attest: �' r 5 AL City Clerk ''•;;;;;;; Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 CONTRACTOR: H&H DATA SERVICES INC. PRINTED Title: e L'el- 7 p� Date: // Attest: (CORPORATE SEAL) Approved as to Form Address for giving notices: NMVIN- �I� � � Assi tant City Attorney License No SECTION 00530 NOTICE TO PROCEED Description of Work: 8014 MAX BRT Gate Operation & Train Notification To: H&H Data Services Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the 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 am Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20_ CONTRACTOR: H&H Data Services Inc. ma Title: SECTION 00020 INVITATION TO BID Date: September 30, 2014 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 October 28, 2014, for the MAX BRT Gate Operation & Train Notification; BID NO. 8014. 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 8014. The Work consists of communication equipment installation, wire installation, and start-up and testing of remote gate operations and train notification capability. 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. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 AM, on October 14, 2014, in Conference Room 2D at 215 N Mason Street, Fort Collins. There are no bid bonds, performance or payment bonds required. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: www.rockvmountainbidsystem.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. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. 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 SECTION 00600 CERTIFICATES 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00670 Application for Exemption Certificate SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. OP ID: SC gCURO �,...., CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 06/18/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:970-223-1804 CONTACT NAME: Front Range Insurance Group 1100 Haxton Drive Suite 100 Fax: PHONE FAX AIc No Ext : AIC No): E-MAIL ADDRESS: Fort Collins, CO 80525 David A. Wooldridge LUTCFAAI PRObUCERHHELE-1 CUSTOMERIDII INSURER(S) AFFORDING COVERAGE NAIC 0 INSURED H $ H Data Services, Inc. INSURERA:Secura Insurance Companies 22543 Joe Hehn INSURERB: Pinnacol Assurance 41190 1310 Webster Aven u e Fort Collins, CO 80524 INSURERC: INSURER D : INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYYYY MM DDlYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I OCCUR X TC3140442 07/01/2014 07/01/2015 EU DAMAGE 10 PREMISES RENT occurrence)$ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X EPL: $100,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS- COMP/OP AG $ 2,000,000 X POLICY 7 Pi LOC $ A AUTOMOBILE X LIABILITY ANY AUTO X A3140443 07/01/2014 07/01/2015 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Peraccident) $ X NON -OWNED AUTOS $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,00 A EXCESS LIAB CLAIMS -MADE CU3140444 07101/2014 07l0112015 DEDUCTIBLE — $ $ X RETENTION $ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE Y fN OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) NIA 172851 05/01/2014 05/01/2015 X I WC STATUS OTH- TORY LIMITER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 A Business Pers Prop --rTC3140442 07/01/2014 07101/2015 BPP 271,400 A Floater TC3140442 07/01/2014 07/01/2015 Floater 129,630 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Fort Collins, its officers, agents and employed shall be named as additional insured's with respects to the General Liability and Auto Policies for any claims arising out of work performed under this agreement FORTC-1 City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 CANCELLATION 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 © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 8014 MAX BRT Gate Operation & Train Notification LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins CONTRACTOR: [Contractorl CONTRACT DATE: [Datel 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: H&H Data Services Inc. Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by H&H Data Services Inc. for the City of Fort Collins project, 8014 MAX BRT Gate Operation & Train Notification. 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 November 12. 2014. 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: H&H Data Services Inc. (CONTRACTOR) PROJECT: 8014 MAX BRT Gate Operation & Train Notification 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: H&H DATA SERVICES INC. Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this by Witness my hand and official seal. Notary Public My Commission Expires: day of 20_, SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) A DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name Mailing address (City. State, Zip). Contact Person E-Mail address Federal Employer's Identification Number: Bid amount for your contract: Fax Number. Business telephone number: Colorado withholding tax account number Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year I construction start date: completion date 1 declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS 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 S. Paul Director of Purchasing & Risk Management 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 CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS......................................................1 1.1 Addenda.............................................1 1.2 Agreement..........................................1 1.3 Application for Payment.......................1 1.4 Asbestos.............................................1 1.5 Bid....................................................1 1.6 Bidding Documents .............................1. 1.7 Bidding Requirements .........................1 1.8 Bonds.................................................1 1.9 Change Order......................................I 1.10 Contract Documents ............................I. 1.11 Contract Price,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 1.12 Contract Times....................................1 1.13 CONTRACTOR..................................1 1.14 defective.............................................1 1.15 Drawings............................................1 1.16 Effective Date of the Agreement..........1 1.17 ENGINEER........................................1 1.18 ENGINEER's Consultant .....................1 1.19 Field Order ......................... ................1 1.20 General Requirements .........................2 1.21 Hazardous Waste.................................2 1.22.a Laws and Regulations; Laws or Regulations ........... .................._..... 2 1.22.b Legal Holidays ..................................... 1.23 Liens..................................................7 1.24 Milestone............................................2 1.25 Notice of Award..................................2 1.26 Notice to Proceed.................................2 1.27 OWNER ........................ ......_............. ? 1.28 Partial Utilization................................2 1.29 PCBs..................................................2 1.30 Petroleum ........................................... 2 1.31 Project................................................2 1.32.a Radioactive Material ............................2 1.32.b Regular Working Hours.......................2 1.33 Resident Project Representative............ 2 1.34 Samples..............................................2 1.35 Shop Drawings ................................... 2 1.36 Specifications.....................................2 1.37 Subcontractor.....................................2 1.38 Substantial Completion .......................2 1.39 Supplementary Conditions....................7 1.40 Supplier_ . ..... ..................................... 2 1.41 Underground Facilities ..................... 2-3 1.42 Unit Price Work..................................3 1.43 Work..................................................3 1.44 Work Change Directive ........................ 1.45 Written Amendment 3 Page Number 2. PRELIMINARY MATTERS ................................ 3 2.1 Delivery of Bonds .. .... .......................3 2.2 Copies of Documents ........................ 2.3 Commencement of Contract Times; Notice to Proceed ....... I........ 2.4 Starting the Work ............................. 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report, Preliminary Schedtles; Delivery of Certificates of Insurance ................................... 3-4 2.8 Preconstruction Conference ............... 2.9 Initially Acceptable Schedules .......... 4 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE..........................................4 3.1-3.2 Intent .............................................. 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives..................................... 5 3.5 Amending Contract Docunents......... 5 3.6 Supplementing Contract Documents ..................._............... 5 3.7 Reuse of Documents ......................... 5 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.........................................5 4.1 Availability of Lands.....................5-6 4.2 Subsurface and Physical Conditions .................................... 6 4.2.1 Reports and Drawings..„..................6 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data............................................ 6 4.2.3 Notice of Differing Subsurface or Physical Conditions..................6 4.2.4 ENGINEERsReview 6 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 7-8 ..................... 5. BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bonds.............................................. 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance .................... 8 5.4 CONTRACTOR's Liability Insurance..........................................9 5.5 OWNERsLiability Insurance ...............9 5.6 Property Insurance ..........................9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance.................10 5.8 Notice of Cancellation Provision 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts .................... 10 5.10 Other Special Insurance .....................10 5.11 Waiver of Rights................................11 5.12-5.13 Receipt and Application of Insurance Proceeds ...................... 10-11 5.14 Acceptance of Bonds and Insu- ance; Option to Replace....................11 5.15 Partial Utilization --Property Insurance........................................11 6. CONTRACTOR'S RESPONSIBILITIES ............... 11 6.1-6.2 Supervision and Superintendencg....... 11 6.3-6.5 Labor, Materials and Equipment... 11-12 6.6 Progress Schedule..............................12 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation ............. 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights .........................13-14 6.12 Patent Fees and Royalties ......... .........14 6.13 Permits ............................................. 14 6.14 Laws and Regulations ........................14 6.15 Taxes ........................................... 14-15 6.16 Use of Premises 15 6.17 Site Cleanliness 15 6.18 Safe Structural Loading.....................15 6.19 Record Documents .............................15 6.20 Safety and Protection ....................15-16 6.21 Safety Representative ........................16 6.22 Hazard Communication Programs...... 16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Samples..............16 fffl 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal .................................... 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER ...... 16-17 6.27 Responsibility for Variations From Contract Documents.,....,.....17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals...................„.,.,..,.......17 6.29 Continuing the Work .... ..................17 6.30 CONTRACTOR's General Warranty and Guarantee...............17 6.31-6.33 Indemnification .......................... 17-18 6.34 Survival of Obligations.... ................ 18 7. OTHER WORK.................................................18 7.1-7.3 Related Work at Site........•..............18 7.4 Coordination ..........18 8. OWNER'S RESPONSIBILITIES .........................18 8.1 Communications to CON- TRACTOR.................................18 8.2 Replacement of ENGINEER18 8.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easements; Reports and Tests..............„...,,,.„.,.,..18-19 8.5 Insurance.......................................19 8.6 Change Orders...............................19 8.7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services......................................19 8.9 Limitations on OWNER'S Responsibilities .................... ........19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material....................19 8.11 Evidence of Financel Arrangements, ............................. 19 9. ENGINEER'S STATUS DURING CONSTRUCTION ............................................. 19 9.1 OWNER's Representative ............... 19 9.2 Visits to Site 19 9.3 Project Representative .....**......... 19-21 9.4 Clarifications and Interpre- tations......................................... 21 9.5 Authorized Variations in Vbrk 21 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work...................21 9.7-9.9 Shop Drawings, Change Orders and Payments....................................21 9.10 Determinatio-is for Unit Prices 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter..............22 9.13 Limitations on ENGINEER'S Authority and Responsibilities..., 22-23 CHANGES IN THE WORK ....................................... 23 10.1 OWNER's Ordered Change................23 14. 10.2 Claim for Adjustment ........................ 23 10.3 Work Not Required by Contract Documents ..................................... 23 10.4 Change Order................................... 3 10.5 Notification of Surety ........................23 CHANGE OF CONTRACT PRICE .............................23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work ................................... 23-24 11.4 Cost of the Work ..........................24-25 11.5 Exclusions to Cost of the Work ......, 25 11.6 CONTRACTOR'S Fee ........................ 25 11.7 Cost Records.................................25-26 11.8 Cash Allowances...............................26 11.9 Unit Price Work................................26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment ........................26 12.2 Time of the Essence ..........................26 12.3 Delays Beyond CONTRACTOR'S Control 26-27 12.4 Delays Beyond OWNER'S and CONTRACTOR'S Control ................. 27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK..................................................77 13.1 Notice of Defects...............................77 13.2 Access to the Work ............................27 13.3 Tests and Inspections; CONTRACTOR'S Cooperation.,,,,,,,, 27 13.4 OWNER'S Responsibilities; Independent Testing Laboratory....,, 27 13.5 CONTRACTOR'S Responsibilities ....... . .......................27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval..............._27 13.8-13.9 Uncovering Work at ENGI I IEER's Request .....................27-28 13.10 OWNER May Stop the Work..........28 13.11 Correction or Removal of Defective Work ...........................28 13.12 Correction Period ..........................28 13.13 Acceptance of Defective Work ......... 28 13.14 OWNER May Correct Defective Work ..................................... 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION ................................................. 29 14.1 Schedule of Values .........................29 14.2 Application for Progress Paym ent..................................... 29 14.3 CONTRACTOR's Warranty of Title ........................................... 29 14.4-14.7 Review of Applications for Progress Payments ....... I ........... 9-30 14.8-14.9 Substantial Completion .................. 30 14.10 Partial Utilization ......................30-31 14.11 Final Inspection.., .......................... 31 14.12 Final Application for Payment ........ 31 14.13-14.14 Final Payment and Acceptance .._....31 14.15 Waiver of Claims ......................31-32 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 15.1 OWNER May Suspend Work .......... 32 15.2-15.4 OWNER May Terminate ................ 32 15.5 CONTRACTOR May Stop Work or Terminate.................32-33 16. DISPUTE RESOLUTION .................................. 33 17. MISCELLANEOUS...........................................33 17.1 Giving Notice ................................ 33 17.2 Computation of Times .................... 33 17.3 Notice of Claim ............................. 33 17.4 Cumulative Remedies.....................33 17.5 Professional Fees and Court Costs Included, ....... .....................33 17.6 Applicable State Laws ............... 33-34 Intentionally left blank.......................................35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement ..................... GC -Al 16.1-16.6 Arbitration...............................QC-Al 16.7 Mediation...............................GC-Al EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance........................................5.14 defective Work............................10.4.1, 13.5, 13.13 final payment ........................................ 9.12, 14.15 insurance ........................................................... 5.14 other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Item* ........... I ...... ..,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...........................................13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- CONTRACTOR„.,.„............................6.9.1, 9.13.3 ENGINEER .......................................... 6.20, 9.13.3 OWNER. ...... ............................................ 6.20, 8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances ..................... I........... 5.7 Adjustm ents-- Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, ............................. 4.5.3, 9.4, 9.5, 10.2 10.4, ............................. ............ 11,12,14.8,15.1 progress schedule .................... , ......................... 6.6 Agreement— definition of......................................................1.2 "All -Risk" Insurance, policy form............................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 ..........................6.8.2, 6.19, 10.1, 10.4, 11.2 .................................... 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment -- definition of......................................................1.3 ENGINEER'sResponsibility.......* ...... ...............9.9 final payment ................. 9.13.41 9.13.5, 14.12-14.15 in general..........................2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment.....................................14.1-14.7 review of .................................................... 14.4-14.7 Arbitration.....................................................16.1-16.6 Asbestos -- claims pursuant thereto..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work..........4.5.2 definition of ......................................................... A Article or Paragraph Number OWNER responsibility for . .. . . ..... ....... .............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, 2.3, 3.3, ........................ 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents --definition of...................................................1.6 (6.8.2) Bidding Requirements --definition of..........................................1.7 (1.1, 4.2.6.2) Bonds -- acceptance of....................................................5.14 additional bonds..................................10.5, 11.4.5.9 Cost of the Work.........................„.„_,.„.,,,.„.„11.5.4 definition of.......................................................1.8 delivery of...................................................2.1, 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 Other...................5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk "all-risk" policy form,,,,,, 5.6.2 Cancellation Provisions, Insurance ......... 5.4.11, 5.8, 5.15 Cash Allowances....................................................11.8 Certificate of Substantial Completion,,,,,,, 1.38, 6.30.2.3, ..................................................14.8, 14.10 Certificates of Inspection ...................9.13.4, 13.5, 14.12 Certificates of Insurance,,,,,,,,,,,,, 2.7, 5.3, 5.4.11, 5.4.13, .......................5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances...........................................„.11.8 claim for price adjustment.........,., 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 ................... 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, .....................„ 13.13, 13.14, 14.7, 15.1, 15.5 CONTRACTOR's fee11.6 Cost of the Work general...............................................11.4-11.7 Exclusions to...............................................11.5 Cost Records.....................................................11.7 in general.............1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing..........................................11.3.2 Notification of Surety ........................................10.5 Scope of ............. ......... ......... ........10.3-10.4 Testing and Inspection, Uncovering the Work..................................13.9 v EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 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, 13.14, 14.7, 15.1, 15.5 Contractual time limits.....................................12.2 Delays beyond CONTRACTOR's control........................................................12.3 Delays beyond OWNER's and CONTRACTOR's control............................12.4 Notification of surety.........................................10.5 Scope of change ........... ......... ............10.3-10.4 Change Orders -- Acceptance of Defective Work ..........................13.13 Amending Contract Documents .. ......... .... .3.5 Cash Allowances...............................................11.8 Change of Contract Price.....................................I I Change of Contract Times ......... ......... .........12 Changes in the Work... ,- ........10 CONTRACTOR's fee.......................................11.6 Cost of the Work.......................................11.4-11.7 Cost Records....................................................11.7 definition of.......................................................1.9 emergencies.....................................................(1. 23 ENGINEER's responsibility,,,,,,, 9.8, 10.4, 11.2, 12.1 execution of.....................................................10.4 Indemnifiction .........................0.12, 6.16, 6.31-6.33 Insurance, Bonds and ... ................5.10, 5.13, 10.5 OWNER may terminate..............................1,5.2-15.4 OWNER's Responsibility ............................ 8.6, 10.4 Physical Conditions -- Subsurface and..............................................4.2 Underground Facilities--............................4.3.2 Record Documents 6.19 Scope of Change „....... ......... ............10.3-10.4 Substitutes ............................................. 6.7.3, 6.8.2 Unit Price Work...............................................11.9 value of Work, covered by.................................11.3 Changes in the Work.................................................10 Notification of surety.........................................10.5 OWNER's and CONTRACTOR's responsibilities............................................10.4 Right to an adjustment......................................10.2 Scope of change........................................10.3-10.4 Claims -- against CONTRACTOR....................................6.16 against ENGINEER ......................................... 6.32 against OWNER...............................................6.32 Change of Contract Price ........................... 9.4, 11.2 Change of Caitract Times .......................... 9.4, 12.1 CONTRACTOR's.............4, 7.1, 9.4, 9.5, 9.11, 10.2, ...........................11.2. 11.9, 12.1, 13.9, 14.8, .........................................15.1, 15.5, 17.3 vi CONTRACTOR's Fee11.6 Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31 Cost of the Work.......................................11.4, 11.5 Decisions on Disputes...............................9.11, 9.12 Dispute Resolution............................................16.1 Dispute Resolution Agreement ....................16.1-16.6 ENGINEER as initial interpretor ....................... 9.11 Lump Sum Pricing.........................................11.3.2 Notice of ............................................................. 17.3 OWNER's....................9.4, 9.5, 9.11, 10.2, 11.2, 11.9 .......................)2.1,13.9,13.13,13.14,17.3 OWNER's liability .............................................. 5.5 OWNER may refuse to make payment ................14.7 Professional Fees and Court Costs Included.....................................................17.5 request for formal decision on............................9.11 Substitute Items 6.7.1.2 Time Extension.................................................12.1 Time requirements....................................9.11, 12.1 Unit Price Work ......... ........................11.9.3 Value of ............... ... 1.1.3 Waiver of --on Final Payment.................14.14, 14.15 Work Change Directive......................................10.2 written notice required ......................9.11, 11.2, 12.1 Clarifications and Interpretations..,....,.... 3.6.3, 9.4, 9.11 Clean Site ............................................. ...........0.17 Codes of Technical Society, Organization or Association .......................................-......... 3.3.3 Commencement of Contract Times ..........................7.3 Communications— general..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs ..................... 6.22 Completion -- Final Application for Payment .........................14.12 Final Inspection...........................14.11 Final Payment and Acceptance... _.......14.13-14.14 Partial Utilization 14.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims 14.15 Computation of Times...............................17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others.................................................6.8-6.11 Conferences -- initially acceptable schedules .............................. 2.9 preconstruction.................................................. 2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report .... . .......... . ..........2.5, 3.3.2 Construction, before starting by CONTRACTOR ........................................... 2.5-2.7 Construction Machinery, Equipment, etc .................. 6.4 Continuing the Work ..................................... 6.29, 10.4 Contract Documents -- Amending..........................................................3.5 Bonds..............................:............................... 5.1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Cash Allowances ...................... .„...,._..„.......,..11.8 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 ............. .......................... ENGINEER as initial interpreter of... ............... 9.11 ENGINEER as OWNER's representative..............9.1 genera13 Insurance...........................................................5.3 Intent 3.1-3 4 ....... ................................... I .............. minor variations in the Work..............................3.6 OWNER's responsibility to furnish data ..... ........8.3 OWNER's responsibility to make prompt payment ..........................8.3, 14.4, 14.13 precedence....,_. ..........3.1, 3.3.3 Record Documents............................................6.19 Reference to Standards and Specifications of Technical Societies...................................3.3 Related Work ..................... ................................ 7.2 Reporting and Resolving Discrepancies ........ 2.5, 3.3 Reuseof.............................................................3.7 Supplementing.................................................. 3.6 Termination of ENGINEER's Employment .......... 8.2 Unit Price Work...............................................11.9 variations.........*...**..........................3.6, 6.23, 6.27 Visits to Site, ENGINEER'S ................................ .............. 9.2 Contract Price -- adjustment of ............... 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Change of .„. .. ..................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 Insurance ................................... 5.14 Communications......................................6.2, 6.9.2 Continue Work .... .. .................................. 6.29, 10.4 coordination and scheduling............................6.9.2 definition of ....................................................... 1.13 Limited Reliance on Technical Data Authorized 4.2.2 May Stop Work or Terminate,,:,,,_„ ..._.15.5 provide site access to others......,. ................7.2, 13.2 Safety and Protection .... ............... 4.3.1.2, 6.16, 6.18, .... .................................. 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal.....................-,,,,,,,.-,,,,,,,,,6.25 Stop Work requirements..................................4.5.2 CONTRACTOR's— Article or Paragraph Number Compensation ..... ............... ..... I ...... ,........... 11.1-11.2 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 ........................................... 6.23 Defects in Work of Others 7.3 Differing conditions..._..., *. ......................4.2.3 Discrepancy in Documents........ 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated........... 4.3.2 Emergencies .. ...... ......... 0.23 Equipment and Machinery Rental, Cost of the Work...........................................11.4.5.3 Fee --Cost Plus ......................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee ................... ....6.30 Hazard Communication Program s .. ....... ........ 6.22 Indemnification ..._.,._......... I.....6.12, 6.16, 6.31-6.33 Inspection of the Work ....:, ... *....... _ 7.3, 13.4 Labor, Materials and Equipment ....................6.3-6.5 Laws and Regulations, Compliance by..............6.14.1 Liability Insurance .................................... ........5.4 Notice of Intent to Appeal .........................9.10, 10.4 obligation to perform and complete the Work..................................................... 6.30 Patent Fees and Royalties, paid for by ................ 6.12 onds ............................5.1 Performance and Other Bonds... Permits, obtained and paid for by.......................0.13 Progress Schedule ........................... 2.6, 2.8, 2.9, 6.6, ........................................6.29, 10.4, 15.2.1 Request for formal decisionon disputes .............. 9.11 Responsibilities— Changes in the Work..................................10.1 Concerning Subcontractors, Suppliers and Others...................................„.6.8-6.11 Continuing the Work ..........................6.29, 10.4 CONTRACTOR's expense ..................... ......6.7.1 CONTRACTOR's General Warranty and Guarantee.......................................6.30 CONTRACTOR s review prior to Shop Drawing or Sample submittal.................6.25 Coordination of Work 6.9.2 Emergencies .............. 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items ............................. 6.7.3 For Acts and Omissions of Others ................. ............6.9.1-6.9.2, 9.13 for deductible amounts, insurance...................5.9 general........................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs.......... 6.22 Indemnification 6.31-6.33 vii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Labor, Materials and Equipment .............. 6.3-6.5 CONTRACTORS --other ............... 7 Laws and Regulations ............ .................6.14 Contractual Liability Insurance ,,,,,... * ,,,... .,,.,,$.4.10 Liability Insurance., ........, ........ 5.4 Contractual Time Limits ..... ......... .12.2 Article or Paragraph Number Notice of variation from Contract Documents ........................................... 6.27 Patent Fees and Royalties............................6.12 Permits ...................................................... 6.13 Progress Schedule ......................................... 6.6 Record Documents.......................................6.19 related Work performed prior to ENGINEER's approval of required submittals ........................._............. _.... 6.28 safe structural loading.................................6.18 Safety and Protection .................... 6.20, 7.2, 13.2 Safety Representative...................................6.21 Scheduling the Work .................6.9.2 Shop Drawings and Samples ....................... 6.24 Shop Drawings and Samples Review by ENGINEER......................................6.26 Site Cleanliness6.17 Submittal Procedures...................................6.25 Substitute Construction Methods and Procedures.....................................6.7.2 Substitutes and "Or -Equal" Items..„............6.7.1 Superintendence ........................................... 6.2 Supervision .................................................. 6.1 Survival of Obligations................................6.34 Taxes......................................................... 6.15 Tests and Inspections..................................13.5 ToReport .............. ......... ......... .........Z.S Use of Premises„.'*................6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................ 6.25 Right to adjustment for changes in the Work,.._.10.2 right to claim ......... .... 4, 7.1, 9.4, 9.5, 9.11, 10.2,11.2, .... ,...... 11.9,12.1,13.9,14.8,15.1,15.5,17.3 Safety and Protection .................. 6.20-6.22, 7.2, 13.2 Safety Representative ........... ........................... 6.21 Shop Drawings and Samples Submittals... 6.24-6.28 Special Consultants........................................11.4.4 Substitute Construction Methods and Procedures..6.7 Substitutes and "Or -Equal" Items, Expense .......................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others.......... 6.8-6.11 Supervision and Superintendence..........6.1, 6.2, 6.21 Taxes, Payment by...........................................6.15 Use of Premises 6.16-6.18 Warranties and guarantees ........ ..............6.5, 6.30 Warranty of Title.............................................14.3 Written Notice Required -- CONTRACTOR stop Work or terminate... I .... 15.5 Reports of Differing Subsurface and Physical Conditions ....................... 4.2.3 Substantial Completion................................14.8 viii Article or Paragraph Number Coordination— CONTRACTOR's responsibility ........................ 6.9.2 Copies of Documents ............................................... 2.2 Correction Period .............................. _.._...............13.12 Correction, Removal or Acceptance of Defective Work-- in general...................................10.4.1, 13.10-13.14 Acceptance of Defective Work ..........................13.13 Correction or Removal of Defective Work.................................6.30, 13.11 Correction Period............................................13.12 OWNER May Correct Defective Work..............13.14 OWNER May Stop Work ............ .................13.10 Cost -- of Tests and Inspections.....................................13.4 Records 11.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts............................._,,,,..,.,.,..,,.11.4.2 CONTRACTORSs Fee.......................................11.6 Employee Expenses.....................................11.4.5.1 Exclusions to... ..,,,,,., ...................11.5 General 11.4-11.5 Home office and overhead expenses ....................11.5 Losses and damages.....................................11.4.5.6 Materials and equipment.................................11.4.2 Minor expenses ............ ......... ....._.......11.4.5.8 Payroll costs on changes.................................11.4.1 performed by Subcontractors ....... ...............1.1.4.3 Records 11.7 Rentals of construction equipment and machinery.......................................11.4.5.3 Royalty payments, permits and license fees11.4.5.5 Site office and temporary facilities ................11.4.5.2 Special Consultants, CONTRACT ORs ............. 11.4.4 Supplemental.................................................11.4.5 Taxes related to the Work............................11.4.5.4 Tests and Inspection..........................................13.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilities ..............11.4.5.7 Work after regular hours.................................11.4.1 Covering Work...............................................13.6-13.7 Cumulative Remedies 17.4-17.5 Cutting, fitting and patching ........ _........................... 7.2 Data, to be furnished by OWNED ............................. 8.3 Day --definition of................................................17.2.2 Decisions on Disputes.....................................9.11, 9.12 defective --definition of...........................................1.14 defective Work -- Acceptance of......................................10.4.1, 13.13 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Correction or Removal of10.4.1, 13.11 Correction Period 13.12 ............................................. in general.........................................13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work.................................13.10 Prompt Notice of Defects ...................................13.1 Rejecting...........................................................9.6 Uncovering the Work........................................13.8 Definitions ........_..... ...... ....... . Delays......................................4.1, 6.29, 12.3-12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance ............................2.7 Determinations for Unit Prices .................................. 9.10 Differing Subsurface or Physical Conditions -- Notice of ........................................................... 4.2.3 ENGINEER's Review 4.2.4 Possible Contract Documents Change,,,,,,,,,,,,,, 4.2.5 Possible Price and Times Adjustments..............4.2.6 Discrepancies -Reporting and Resolving................................2.5, 3.3.2, 6.14.2 Dispute Resolution-- Agreement ........ ........................................ 16.1-16.6 Arbitration..,....,,,,,_,,,, ...........16.1-16.5 genera116 Mediation........................................................16.6 Dispute Resolution Agreement ,,16.1-16.6 EER Disputes, Decisions by ENGIN,,,,,,,,,,,,,,,,,, 9.11-9.12 Docum ents-- Copiesof...........................................................2.2 Record 6.19 Reuseof.............................................................3.7 Drawings --definition of...........................................1.15 Easements.............................................................4.1 Effective date of Agreement -- definition of..............1.16 Emergencies ............... 6.23 ENGINEER -- as initial interpreter on disputes .................9.11-9.12 definition of .......................... ........................... 1.17 Limitations on authority and responsibilities...... 9.13 Replacement of .................................................. 8.2 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition of ..................... 1.18 ENGINEER's-- authority and responsibility, limitations on........ 9.13 Authorized Variations in the Work ....................... 9.5 Change Orders, responsibility for, ....... 9.7, 10, 11, 12 Clarifications and Interpretations ...............3.6.3, 9.4 Decisions on Disputes .............. ................ 9,11-9.12 defective Work, notice of...................................13.1 Evaluation of Substitute Items ............................. 6.7.3 Liability...................................................0.32, 9.12 Notice Work is Acceptable...............................14.13 Observations...........................................6.30.2, 9.2 OWNER's Representative....................................9.1 Payments to the CONTRACTOR, Responsibilityfor.....................................9.9, 14 Recommendation of Payment ....................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on ............ ...... 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ............................. 4.2.4 Shop Drawings and Samples, review responsibility .............................................. 6.26 Status During Construction— authorized variations in the Work ................... Clarifications and Interpretations ..................9.4 Decisions on Disputes ......................... 9.11-9.12 Determinations on Unit Price ........................ 9.10 ENGINEER as Initial Interpreter,......,. 9.11-9.12 ENGINEER's Responsibilities .......... ......9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities .............................. 9.13 OWNER's Representative..............................9.1 Project Representative...................................9.3 Rejecting Defective Work ......... ......... ...... 9.6 Shop Drawings, Change Orders and Payments....................................9.7-9.9 Visits to Site.................................................9.2 Unit Price determinations .................................. 9.10 Visits to Site ............................. .....9.2 Written consent required,,,,,,,,,,,,,,,,, 7.2, 9.1 Equipment, Labor, Materials and,,,,,,,,,,,,,,,,,,,,, 6.3-6.5 Equipment rental, Cost of the Work...................11.4.5.3 Equivalent Materials and Equipment ........................ 6.7 error or omissions..................................................6.33 Evidence of Financial Arrangements .......................8.11 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...................................................14.11 Final Payment -- and Acceptance. ....................................14.13-14.14 Prior to, for cash allowinces .............................. 11.8 General Provisions .......................................... 17.3-17.4 General Requirements — definition of ......................................................... 1.20 principal references to..............2.6, 6.4, 6.6-6.7, 6.24 Giving Notice.........................................................17.1 Guarantee of Work --by CONTRACTOR......,, 6.30, 14.12 Hazard Communication Programs ...........................0.22 Hazardous Waste -- definition of.....................................................1.21 general............................................................. 4.5 OWNER's responsibility for ............................... 8.10 ix EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification.............................¢.12, 6.16, 6.31-6.33 Initially Acceptable Schedules...................................2.9 Inspection -- Certificates of..............................9.13.4, 13.5, 14.12 Final .......... ......... ..-......................... 14.11 Article or Paragraph Number Special, required byENGINEER ......................... 9.6 Tests and Approval ............................ 8 7, 13.3-13.4 Insurance -- Acceptance of, by OWNER...............................5.14 Additional, required by changes in the Work............................................11.4.5.9 Before starting the Work.....................................2.7 Bonds and --in general..........................................5 Cancellation Provisions ....................................... 5.8 Certificates of ...................2.7, 5, 5.3, 5.4.11, 5.4.13, ......... I .. ............5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations.....................................5.4.13 CONTRACTOR's Liability ..................................5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability......................................5.4.10 deductible amounts, CONTRACTOR's responsibility .............................. _.................5.9 Final Application for Payment ..........................j4.12 Licensed Insurers ................................................ 5.3 Notice requirements, material changes,,,,,...5.8, 10.5 Option to Replace ............................................. 5.14 other special insurances....................................5.10 OWNER as fiduciary for insureds ...........5.12-5.13 OWNER'S Liability ............................................5.5 OWNER's Responsibility.....................................8.5 Partial Utilization, Property Insurance ........... ..... 5.15 Property.................................................... ..................................... Receipt and Application of Insurance Proceeds .............................................. 5.12-5.13 Special Insurance ...................... I...................... 5.10 Waiver of Rights .............................................. 5.11 Intent of Contract Documents..............................3.1-3.4 Interpretations and Clarifications .....................3.6.3, 9.4 Investigations of physical conditions ,,,,,,,,,,,,,,,,,,,,,,,,,,4.2 Labor, Materials and Equipment.................__,,,....6.3-6.5 Lands -- and Easements...................................................8.4 Availability of.............................................4.1, 8.4 Reports and Tests...............................................8A Laws and Regulations --Laws or Regulations-- Bads........................................................5.1-5.2 Changes in the Work ............................... ,........ 10.4 Contract Documents,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 3.1 CONTRACTOR's Responsibilities .....................6.14 Correction Period, defective Work .................... 13.12 Cost of the Work, taxes ............. ..............11.4.5.4 definition of ................................................... 1.22 .... general6.14 Indemnification ........... ............................. 6.31-6.33 Insurance...........................................................5.3 Precedence ................................................ 3.1, 3.3.3 Reference to....................................................3.3.1 Safety and Protection................................6.20, 13.2 Subcontractors, Suppliers and Others............6.8-6.11 Article or Paragraph Number Tests and Inspections...................................13.5 Use of Premises ............. ......... .................6.16 Visits to Site ........................................................ 9.2 Liability Insurance -- CONTRACT OR's............................................... 5.4 OWNER's.............................._................... _........5.3 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 14.15 Limitations on ENGINEER's authority and responsibilities................................................. 9.13 Limited Reliance by CONTRACTOR Authorized ........................................................ 4.2.2 Maintenance and Operating Manuals -- Final Application for Payment .........................14.12 Manuals (of others)-- Precedence................................................... 3.3.3.1 Reference to in Contract Documents,,,,,,,,,,,,,,,,, 3.3.1 Materials and equipment -- furnished by CONTRACTOR .............................. 6.3 not incorporated in Work...................................14.2 Materials or equipment--equivalent,,,,,,,,,,,,,,,,,,,,,,,,,,,6.7 Mediation (Optional) .................. _.......................... 16.7 Milestones --definition of.........................,.,,,_,._._.....1.24 Miscellaneous -- Computation of Times ..................... I.................17.2 Cumulative Remedies...........................„...,,,,....17.4 Giving Notice....................................................1.7.1 Notice of Claim 17.3 Professional Fees and Court Costs Include¢. ........ 1 Z5 Multi -prime contracts.................................................7 Not Shown or Indicated ......................... _.............. 4.3.2 Notice of -- Acceptability of Project....................................14.13 Award, definition of .................................... ,...... 1.25 Claim 17.3 Defects, l 3.1 Differing Subsurface or Physical Condition$.,,... 4.2.3 Giving.............................................................7.1 Tests and Inspections.........................................13.3 Variation, Shop Drawing and Sampl`;...... ........6.27 Notice to Proceed — definition of 1..26 ........................................................ givingof............................................................2.3 E]CDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) SECTION 00100 INSTRUCTIONS TO BIDDERS Notification to Surety..............................................j0.5 Observations, by ENGINEER...........................6.30, 9.2 Occupancy of the Work ................... 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR................6.9, 9.13 Open Peril policy form, Insurance ..........................5.6.2 Option to Replace..........., ....................................... 5.14 Article or Paragraph Number "Or Equal" Items......................................................6.7 Other work 7 Overtime Work --prohibition of„...........I................... 6.3 OWNER -- Acceptance of defective Work ..........................13.13 appoint an ENGINEER ...................................... 8.2 as fiduciary ...............................................5.12-5.13 Availability of Lands, responsibility .................... 4.1 definition of ....................................................... 1.27 data, furnish ..................................................... .8.3 May Correct Defective Work............................13.14 May refuse to make payment.............................14.7 May Stop the Work,,,,,,,,,,,,, May Suspend Work, Terminate 8.8, 13.10, 15.1-15.4 Payment, make prompt.....................8.3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirements ................. 6.13 purchased insurance requirements ...............5.6-5.10 OWNER's-- Acceptance of the Work ....... ... ....................6.30.2.5 Change Orders, obligation to executq........., 8.6, 10.4 Communications ................................................. 8.1 Coordination of the Work ................................... 7.4 Disputes, request for decision............................9.11 Inspections, tests and approvals..................8.7, 13.4 Liability Insurance..............................................5.5 Notice of Defects ............................................... 13.1 Representative --During Construction, ENGINEER's Status ...................................... 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................. 8.10 Change Orders..............................................8.6 Changes in the Work...................................10.1 communications 8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangements„............8.11 inspections, tests and approvals ..................... 8.7 insurance ....................................................... 8.5 lands and easements ..................................... 8.4 prompt payment by ........................................ 8.3 replacement of ENGINEER ...........................8.2 reports and tests............................................8.4 stop or suspend Work .................. 8.8, 13.10, 15.1 terminate CONTRACTOR's services..........................................8.8, 15.2 separate representative at site ............................. 9.3 testing, independent.........................................13.4 use or occupancy of the Work ......................... 5.15, 6.30.2.4, 14.10 written consent or approval required.........................................9.1, 6.3, 11.4 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number written notice required ........................7.1, 9.4, 9.11, ....................... .........11.2, 11.9, 14.7, 15.4 PCBs -- definition of......................................................1.29 general.............................................................. 4.5 OWNER's responsibility for...............................8.10 Partial Utilization -- definition of......................................................1.28 general6.30.2.4, 14.10 Property Insurance ....................................... ....... 5.15 Patent Fees and Royalties........................................6.12 Payment Bonds...................................................5.1-5.2 Payments, Recommendation of .............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments ......................14.2 CONTRACTOR's Warranty of Title...................14.3 Final Application for Payment .........................)4.12 Final Inspection...............................................14.11 Final Payment and Acceptance ...............14.13-14.14 general........................................................8.3, 14 Partial Utilization............................................14.10 Retainage..........................................................1 4.2 Review of Applications for Progress Payments...............................14.4-14.7 prompt payment .. .... ...... ................. .....................8.3 Schedule of Values...........................................14.1 Substantial Completion.............................14.8-14.9 Waiver of Claims ......................................... ... .14.15 when payments due ................................ ........................ 14.4, 14.13 withholding payment........................................14.7 Performance Bonds ............................................ 5.1-5.2 Permits............................................................6.13 Petroleum -- definition of......................................................1.30 general..............................................................4.5 OWNER's responsibility for...............................8.10 Physical Conditions -- Drawings of, in or relating to ........................ 4.2.1.2 ENGINEER's review ........................................ 4.2.4 existing structures ........................................... 4.2.2 general4.2.1.2.......................................................... Notice of Differing Subsurface or,.....................4.2.3 Possible Contract Documents Change................4.2.5 Possible Price and Times Adjustment* .... I.........4.2.6 Reports and Drawings......................................4.2.1 Subsurface and,...................................................4.2 Subsurface Conditions...................................4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ........................4.2.2 Underground Facilities-- general........................................................ 4.3 Not Shown or Indicted..............................4.3.2 Protection of.........................................4.3, 6.20 Article or Paragraph Number Shown or Indicated, ............................................... 4.3.1 Technical Data ............................................... 4.2.2 Preconstruction Conference.......................................2.8 Preliminary Matters.....................................................2 Preliminary Schedules..............................................2.6 Premises, Use of ............................................... Price, Change of Contract...........................................I I Price, Contract --definition of .................................. 1.11 Progress Payment, Applications for ..........................14.2 Progress Payment--retainage................................... 14.2 Progress schedule, CONTRACTOR's............ 2.6, 2.8, 2.9, ........ , ....................... 6.6, 6.29, 10.4, 15.2.1 Project --definition of .................... _.........................1.31 Project Representative— ENGINEER's Status During Construction ..... ....... 9.3 Project Representative, Resident--defmition of .........1.33 prompt payment by OWNER.....................................8.3 Property Insurance-- Additional.........................................................5.7 genera15.6-5.10 Partial Utilization................................5.15, 14.10.2 receipt and application of proceeds ..I ......... 5.12-5.13 Protection, Safety and..............................6.20-6.21, 13.2 Punchlist..........................................................14.11 Radioactive Material-- defintion of......................................................1.32 general4.5 OWNER's responsibility for...............................8.10 Recommendation of Payment.................14.4, 14.5, 14.13 Record Documents ........................................ 6.19, 14.12 Records, procedures for maintaining ..........................2.8 Reference Points.......................................................4.4 Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and(or)...................................... 6.14 Rejecting Defective Work..........................................9.6 Related Work -- atSite........................................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review....................6.28 Remedies, cumulative.....* ........ ........... *... * . ...17.4, 17.5 Removal or Correction ofDefective Work................13.11 rental agreements, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER, by OWNER .................... 8.2 Reporting and Resolving Discrepancies................................2.5, 3.3.2, 6.14.2 Reports -- and Drawings.................................................4.2.1 and Tests, OWNER's responsibility .....................8A Resident and Project Representative -- definition of....................................................1.33 provision for............................................................ 9.3 xii EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR's................6.2 Responsibilities— CONTRACTOR's-in general ................................„ 6 ENGINEER's-in general........................................9 Limitations on... ...... .................................... 9.13 OWNER's-in general., ............................................ 8 Retainage ........................................... .................1.4.2 Reuse of Docum ents................................................. 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal .........................6.25 Review of Applications for Progress Payments .................................... 14.4-14.7 Right to an adjustment.............................................10.2 Rights of Way .............................................. ............ 4.1 Royalties, Patent Fees and ..................... I................6.12 Safe Structural Loading..........................................6.18 Safety -- and Protection................................4.3.2, 6.16, 6.18, ............. ......... .........6.20-6.21, 7.2, 13.2 general .................................. ................... 6.20-6.23 Representative, CONTRACTOR's......................6.21 Samples -- definition of......................................................1.34 general .................................................... 6.24-6.28 Review by CONTRACTOR ................................ 6.25 Review by ENGINEER..............................6.26, 6.27 related Work .............................. ................. ......6.28 submittal of ..................................................... 6.24.2 submittal procedures.........................................6.25 Schedule of progress.............................2.6, 2.8-2.9, 6.6, ............. ......... ..........6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 2.8-2.9, 6.24-6.28 Schedule of Values...............................2.6, 2.8-2.9, 14.1 Schedules -- Adherence to.. ................................................ )5.2.1 Adjusting...........................................................6.6 Change of Contract Times.................................10.4 Initially Acceptable......................................„ .8, 2.9 Preliminary ..................... ................................... 2.6 Scope of Changes......................................10.3-10.4 Subsurface Conditions ......................................... 4.2.1.1 Shop Drawings -- and Samples, general, ................. ......... 6.24-6.28 Change Orders & Applications for Payments, and... .... I ................................. 9.7-9.9 definition of.....................................................1.35 ENGINEER's approval of................................3.6.2 ENGINEER's responsibility for review,,,,,,,,,, ,,,,,,**.................9.7, 6.24-6.28 related Work ... ................................................... 6.28 review procedures...............................2.8, 6.24-6.28 Article or Paragraph Number submittal required................................................ 6.24.1 Submittal Procedures 6.25 use to approve substitutions._.._.,, ..,,„ .........., .6.7.3 Shown or Indicated ................................................ 4.3.1 Site Access......................................................7.2, 13.2 Site Cleanliness,,,,,,,,,,,,,,,,,,, ., ............................._.._ 6.17 Site, Visits to -- by ENGINEER...........................................9.2, 13.2 thers..........................................................13.2 by others... "special causes of loss" policy form, insurance ......................................... I .............. .6.2 definition of ...................... 1.36 Specifications— defination of .............................. .............1.36 of Technical Societies, reference t..................3.3.1 precedence.......................................................3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Before..:...........................2.5-2.8 Starting the Work ................ ................................. .....2 4 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER......................................8.8, 13.10, 15.1 Storage of materials and equipment .....................4.1, 7.2 Structural Loading, Safety ................. .....................6.18 Subcontractor -- Concerning ................................................ 6.8-6.11 definition of.....................................................1.37 delays.............................................................12.3 waiver of rights................................................6.11 Subcontractors --in general.................................6.8-6.11 Subcontracts --required provisions,,,,,,,,, 5.11, 6.11, 11.4.3 Submittals -- Applications for Payment,,........**.....................14.2 Maintenance and Operation Manuals....... I ....... 14.12 Procedures ........ .. .... . . .......... ............................ .6.25 Progress Schedules......................................2.6, 2.9 Samples...................................................6.24-6.28 Schedule of Values .................. ......*........ 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions......................................2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion— certification of ............................. 6.30.2.3, 14.8-14.9 definition of ...................................................... 1.38 Substitute Construction Methods or Procedures......_.6.7.2 Substitutes and "Or Equal" Items...............................6.7 CONTRACTOR's Expense............................6.7.1.3 ENGINEER's Evaluation 6.7.3 "Or-Equal"...................................................6.7.1.1 Substitute Construction Methods xiii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number or Procedures.............................................6.7.2 Substitute Items ............................................. 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatug to ........................ 4.2.1.2 ENGINEER'S Review,,. 4.2.4 general....................... .. _...... ........... ....... 4.2 Limited Reliance by CONTRACTOR Authorized ............... -..............'_**..........4.2.2 Notice of Differing Subsurface or Physical Conditions .......... ............ I ................... .2.3 Physical Conditions ............... ........................4.2.1.2 Possible Contract Documents Change................4.2.5 Possible Price andTimes Adjustments.....,, ..... 4.2.6 Reports and Drawings ................ ...................... 4.2.1 Subsurface and....................................................4.2 Subsurface Conditions at the Sitq4.2.1.1 Technical Data,.,, „..................„ ,,,,,,... ......4.2.2 Supervision— CONTRACTOR's responsibility ..........................6.1 OWNER shall not supervise.................................8.9 ENGINEER shall not supervise ................ 9.2, 9.13.2 Superintendence ............................... ....................... 6.2 Superintendent, CONTRACTOR's resident...............6.2 Supplemental costs..............................................11.4.5 Supplementary Conditions— definition of... . ........................................ ......... 1.39 principal references to.................1.10, 1.18, 2.2, 2.7, .I ..................... 4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, .„............5.11,6.8,6,13,7.4.8.11,9.3,9.10 Supplementing Contract Documents.„....................... �.6 Supplier -- definition of......................................................1.40 principal references to...........3.7, 6.5, 6.8-6.11, 6.20, ..........................................6.24, 9.13, 14.12 Waiver of Rights...............................................6.11 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 ..... ......................................... 5.1-5.3 Survival of Obligations ........................................... 6.34 Suspend Work, OWNER May ....................... 13.10, 15.1 Suspension of Work and Termination- ....................... 15 CONTRACTOR May Stop Work or Terminate...............................................15.5 OWNER May Suspend Work..............................15.1 OWNER May Terminate............................15.2-15.4 Taxes --Payment by CONTRACTOR,,,,,,,,,,,,,,,,,,,,,,,, 6.15 Technical Data -- Limited Reliance by CONTRACTOR ,,,,,,,,,,,,,,,,4.2.2 Possible Price and Times Adjustments,,,,,,,,,,,,,, 4.2.6 Reports of Differing Subsurface and Physical Conditions ,,,,,,_.,,,,,,,,,,,,,,,,,,,,,,-_....4.2.3 xiv Temporary construction facilities ............................. 4.1 Article or Paragraph Number Term ination-- by CONTRACTOR...........................................15.5 by OWNER ........................................ 8.8, 15.1-15.4 of ENGINEER's employment...............................8.2 Suspension of Work-in general .... ......... .........15 Terms and Adjectives ...................... ......... .......3A Tests and Inspections -- Access to the Work, by others ,,,,,,,,,,,,,,,,,,,,,,,,,,,13.2 CONTRACTOR's responsibilities,,,,,,,,,,,,,,,,,,,,,,13.5 cost of 13.4 covering Work prior to..............................13.6-13.7 Laws and Regulations(or).„............................. 13.5 Notice of Defects13.1 OWNER May Stop Work.................................13.10 OWNER's independent testing ..........................13.4 special, required by ENGINEER ..........................9.6 timely notice required.......................................13.4 Uncovering the Work, at ENGINEER's request.................................................13.8-13.9 Times-- Adjusting.......................................................... 6.6 Change of Contract.............................................12 Computation of.................................................17.2 Contract Times --definition of ...........................1.12 day..........................................................7.2.2 Milestones.........................................................12 Requirements -- appeals................................................. 9.10, 16 clarifications, claims and disputes „,,,,,,,,,,,,,,,,9.11, 11.2, 12 Commencement of Contract Times ................ 2.3 Preconstruction Conference ...........................2.8 schedules.........................................2.6, 2.9, 6.6 Starting the Work.........................................2.4 Title, Warranty of ................................................... 14.3 Uncovering Work.............................................13.8-13.9 Underground Facilities, Physical Conditions -- definition of....................................................1.41 Not Shown cr Indicated ................................... 4.3.2 protection of..............................................4.3, 6.20 Shown or Indicated, .................... I....................4.3.1 Unit Price Work -- claims ................................. ....1.1.9.3 definition of....................................................1.42 generall1.9, 14.1, 14.5 Unit Prices-- general11.3.1 Determination for.............................................9.10 Use of Premises................................6.16, 6.18, 6.30.2.4 Utility owners.............................(.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial...................1.28, 5.15, 6.30.2.4, 14.10 Value of the Work ................................................... 11.3 Values, Schedule of..............................2.6, 2.8-2.9, 14.1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9.!99) 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 Title, CONTRACTORs.......................14.3 Work -- Accessto .............................._................._.. .....13.2 byothers............................................................... 7 Changesin the ..................................................... Continuing the..................................................0.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of .................................................... 7.4 Cost of the.................................................11.4-11.5 definition of......................................................1.43 neglected by CONTRACTOR...........................13.14 otherWork............................................................7 OWNER May Stop Work ..................... I ........... 13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Site ............ ......................... 7.1-7.3 Startingthe........................................................2.4 Stopping by CONTRACTOR.............................15.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of ..... ................................................... 1.44 principal references to......................3.5.3, 10.1-10.2 Written Amendment -- definition of ............... .. .....................................1.45 principal references to..............1.10, 3.5, 5.10,15.12, ........................6_6.2, 6.8.2, 6.19, 10.1, 10.4, ............................11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations...................................3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR............................7.1, 9.10-9.11, ........................................... 10.4, 11.2, 12.1 by OWNER ....................9.10-9.11, 10.4, 11.2, 13.14 xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) xNi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1-4)EFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed, other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bic —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR'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 EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) w/ CITY OF FORT COLLIN'S MODIFICATIONS (REV 4/2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's 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 paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements --Sections of Division 1 of the Specifications. 1.21. 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. 1.22.9. 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 by 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 Award —A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petrolewn--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 mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Working Hours -Regular working hours are defined as 7:00am to 6:OOp n unless otherwise Tecified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. 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 thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 139. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 1.43. Work ---The entire completed 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 paragraph4.2 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, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment --A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2--PRELIMINARY MATTERS Delivery ofBondv: 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 ofDoeuments: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed• 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. ie%,erAill the .-antrest Tim&q of Bid epening er the diiffieth day after the Efleetive of the Agfeem ent whichever date i earlier. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the tunes (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Ensineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and O;W shall eaeh deliver to the ether OWNER, with copies to identified in the Supplemetvtary Conditio ENGINEER certificates of insurance (and other evidence of insurance reasonaby, Feque4 requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4Y.6and 5.. Preconstruction 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 and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, at least • n days befi)Fe submission of the u� before any work at the site begins a conference attended by CONTRACTOR, ENGINEER and others as spprepnete designated by OWNER will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division I - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals 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. 3.2. It is the intent of the Contract Documents to EJCDC GENERAL CONDITIONS 1910.8 (1990 Echtion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 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 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). own risk. No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 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 with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents. 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EJCDC GENERAL. CONDITIONS 1910-8 (1990 Echtiau) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.77), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearirng 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 consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability oJLands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR OV R. R shall C......s GONTD A GTO w:t .. . e OWNERs interest therein as neeessary for of or- filing a mash5inie's lion against st�eh 9nds in Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and 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, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized - Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or arty such data, interpretations, opinions or inform ation. 4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or EXDC GENERAL CONDITIONS 1910-8 (1990 Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly 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 paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of 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 Ae#ustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance o� 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 pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to 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 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shown orind icate& 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: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated.• If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EJCDC GENERAL CONDITIONS 1910-8 (1990 Etiitiaa) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and 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 Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. ARTICLE 5--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 Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Stafly Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the junsdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. 0AWER- shell deliver to CONTRACTOR; with eepies to each se and ui EXDC GENERAL CONDITIONS 1910-8 (1990 Edtion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) CONMCTOR'sLiability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any 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 exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of what[ shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations insurance; FJCDC GENERAL CONDITIONS 1910.8 (1990 Edltiaa) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph5.4, 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 Insurance: 5.6. Unless ache_wise pr .idea in the Supplame...,,... Gentlitiens, OWNER shall pufohase MA Fflaifilaim pr9peityitiStrB.iee ••••,••• •�pma-icy �,ork at the F.II eplaoement east thereof (subject in .,.h Supplementary GerAlitiens or required by Laws and open peril Ew special causes of less peliry form that arid WME in transit and shall ins�e against at lea the following perils: firms lightning, extended r limited to fees and eharges of engineers an ar ehiteets); 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the witent of any dedudible amounts that e suoh less and if . -ethers suffering EJCDC GENERAL CONDITIONS 1910-8 (1990 &5tim) 10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) M. • 1. 1 •!. 1. 1 Receipt and Application of Insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and if requ4ed in vvy-iting by any party in intere.w OWNER as fi&ciary .hall give 1-vona rn. tine Acceptance of Bonds and Insurance; Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Bends er insurance required to be purchased and maintained by the other party CONTRACTOR in accordance with Article 5 on the I)asis of non-conformance with the Contract Documents, the 0:,1:,:,°w.g aAy ,hall , notify the other pe OWNER will notify CONTRACTOR in writing within ten fifteen days after receipt delivery of the certificates { " ewidensa Fequested) to OWNER as required by paragraph 2.7. -slant Age -such A the Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 1910-8 (1990 Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10, provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any 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 Supenision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR - Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday, Sunday, Holidays or outside the Regular Working Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Manaeement Division or the City Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 rewires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall famish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equent shall be applied, installed, connected, erected, usercleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule. 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the 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. Substitutes and "Or-Equal"Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a articular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EJCDC GENERAL CONDITIONS 1910.8 (1990 Editim) 12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. 'Or -Equal". If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CON7RRCTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may famish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to famish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) 6_9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is, without subcontracting). The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. if the Supplementary Condition Bidding Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in advartee of the speeifie date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, --en" CONTRACTOR has submitted a list thereof in ft000rdanee with the supplementmy Conditions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of an �n,O wtH be issued of Written Amendment —signed. will constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other persons or organization on the Work unless prior written approval is obtained from OWNER and ENGINEER No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or famishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. additional imured en the property para * 5 6 K 5.7, 'tee—ageement bf4iv Vhe whefeL-- the Subeentraeter or 11 ��' •^ ^ainst OWNER (;(D ` R A GTQP the Work. if the insurefs on any Rieh peheies Patent Fees and Royalties. 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. E]CDC GENERAL CONDITIONS 1910-8 (1990 Edtim) 14 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and 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 taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanentlyincorporated into the proiect. Said taxes shrall not be included to the Contract Price. Address: Colorado Department of Revenue State Capital Annex 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. 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials physically incorporated into the project are to be paid by CONTRACTOR and are to be included in appropriate bid items. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other d to resolution proceeding or 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 arty claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTORS performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: EJCDC GENERAL. CONDITIONS 1910-8 (1990 Edtion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved 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 initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the 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 property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEERS Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTORS duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representath e. CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs.• 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings and Samples. 6.24.1. CONTRACTOR shall submit Shop 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtiao) 16 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. 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 Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by 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 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS ftN 4/2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival ofObligadons. 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 payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER' own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract 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 I I and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtioo) 18 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER., OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable obj I i ' whose status under the Contract Documents shall be that of the former ENGINEER 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. nun WA4 _o Sibiliitie..: FeSped of pur,.hasing and raaintaini� liability arA Prep 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, 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. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 01PNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/1000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEERSs efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEERSs visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEERSs 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 Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 wW inthe c,_... lemerAai... Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEERSs Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in paragraph 9.3 9.3 9.3.1. The Representative's dealings in matters pertaining to the on -site work will, in general, be with the ENGINEER and CONTRACTOR. But, the Representative will keep the OWNER properly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledge and approval of the CONTRACTOR 9.3.2. Duties and Responsibilities. Representative will: 9.3.2.1. Schedules - Review the pro rgess LE schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9.3.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as preconstruction conferences, progress meetings and other job conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.3.2. Assist in obtaining from OWNER additional details or informations, when required for proper execution of the Work. 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of Wy Work requiring a Shop Drawing or sample submission if the submission has not been approved 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 progress to assiq the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 9.3.2.4.2. Report to the ENGINEER whenever the Representative believes that the Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made, and advise the ENGINEER when he believes work should be corrected or rejected or should be uncovered for observation or requires special testing, inspection or approval. 9.3.2.4.3. Accompany visiting_mspectors representing public or other agencies having iurisdiction over the Project, record the results of these inspections and report to the I 9.3.2.5. IntgTretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the MUQ1 00—:I 7 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for EJCDC GENERAL CONDITIONS 1910-8 (1990 E6tim) 20 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) modification in Drawings or Specifications and report these recommendations to ENGINEER. Accurately transmit to CONTRACTOR decisions issued by the ENGINEER 9.3.2.7. Records. 9.3.2.7.2. Keep a diary, daily report form, or log book, recording hours on the job site, weather conditions, data relative to questions of work directive changes, Change Orders, or changed conditions, list 9.3.2.8. Reparts. 9.3.2.8.1. Furnish ENGINEER periodic reports as required, of the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawing and sample submittals 9.3.2.8.2. Consult with ENGINEER in advance of scheduling major tests irmections or start of important phases of the Work. 9.3.2.8.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from the CONTRACTOR and recommend to ENGINEER Change Orders. Work Directive Changes and field orders 9.3.2.8.4. Report immediately to ENGINEER and OWNER the occurrence of pny accident. 9.3.2.9. Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to ENGINEER noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated m the 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 requiring correction or completion. 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any 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 Documents. 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR Subcontractors. or CONTRACTOR'S superintendent. 9.3.3.4. Advise on or issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions regarding or assume control over safety precautions and programs in connections with the Work. 9.3.3.6. Accent 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 laboratory 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized VMationsin 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 Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work.• 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application PA for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from 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 Disputes.- 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 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing 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 ENGMEER'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 written notice of intention to appeal from ENGINEERs written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EJCDC GENERAL CONDITIONS 1910-8 (1990 E(fitim) 22 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter . 9.13. Limitations on ENGINEER's Axthority and Responsibilities. 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any any 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 responsible for CONTRACTOR's failure to perform or finish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be 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 paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. 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 EJCDC GENERAL CONDITIONS 1910.8 (1990 Edtion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 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 CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or 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: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit 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: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but belimited to; salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and fetirement benefits,-benuses; applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, EICDC GENERAL CONDITIONS 1910-8 (1990 EQtim) 24 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs l l.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary ste transportation, travel and subsince expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the 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. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. 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 6.0 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. 7.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 8.0 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. 9.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 9.1. 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. 9.2. 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. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and 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. 9.3. 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. 10.0 BID FORM. 10.1. 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. 10.2. 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. performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone direetl 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 Cast of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof; CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of 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. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs l 1.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. 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 Cost 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 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be Paid a fee-of. the roed lower tier Subeentracter; to be ne og tated in &ood faith with the OWNER but not to exceed five percent of the amount paid 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 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, 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 Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.9.2. CONTRACTORs casts for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the 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 ENGIN1MR in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTORS overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if. 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement, EJC'DC GENERAL CONDITIONS 1910-8 (1990 Edition) 26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNERS sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 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. 122. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice 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, EATGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at =z `ale tifne for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections. 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) below shall be paid as provided in said paragraph 13.9, and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. 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 OWNER's 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, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's 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 ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, 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. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal ofDefective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. If within ene year two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily 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 Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other EJCDC GENERAL CONDITIONS 1910-5 (1990 E(fition) 28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 ene year 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 claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall 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, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress 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 Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retamage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship. By executing the application for payment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes_ Section 24-91-101, et sea. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review ofApplications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS 1910-8 (1990 Ecktion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, 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, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site 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 (n) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, the ?ues, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's 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. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of 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 withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EJCDC GENERAL CONDITIONS 1910-8 (1990 E(fition) 30 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for 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, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 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 (mi) 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 fumish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNERS property might in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails EXDC GENERAL CONDITIONS 1910-8 (1990 Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full, CONTRACTOR may fin ush a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Project manual. Final Payment and Acceptance.• 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragWh 17.6.2 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 of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWX R May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all matenals and equipment stored at the site or for which OWNER has paid EJCDC GENERAL CONDITIONS 1910-s (1990 E(itim) 32 wi CITY OF FORT COLLINS MODIFICATIONS (REV V2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, tha t at when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If; through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and EIQGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 1 I and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—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 or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EXMC GENERAL CONDITIONS 1910-9 (1990 Editiaa) wi CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party✓s employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not 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, aril, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costslneludedr 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado apply to this Agreement. Reference to two pertinent Colorado statutes are as follows., 17.6.1. Colorado Revised Statutes (CRS 8-17-101) require that Colorado labor be employed to perform the Work to the extent of not less than 80 percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed on the project. Colorado labor means My_person who is a bona fide resident of the State of Colorado at the time of employment, without discrimination as to race, color, creed, age, religion or sex 17.6.2. If a claim is filed OWNER is required by law (CRS 38-26-107) to withhold from all paMents to CONTRACTOR sufficient funds to insure the payment of all claims for labor. materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 EJCDC GENERAL. CONDITIONS 1910-8 (1990 E6tioo) 34 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)