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130163 EMPIRE CARPENTRY - CONTRACT - BID - 5804 TROLLEY BARN INTERIOR REHABILITATION
i SPECIFICATIONS AND CONTRACT DOCUMENTS FOR TROLLEY BARN INTERIOR REHABILITATION BID NO. 5804, Ci BID OPENING: PURCHASING DIVISION. 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS AUGUST 26, 2003 3:00 P.M. (OUR CLOCK) SECTION 09200 PLASTER REPAIR PART 1 GENERAL 1.01 WORK INCLUDED A. Prepare surfaces to receive opaque painted finishes as specified. Work limited to the walls and ceilings only. B. Repair/Finish surfaces as indicated on the drawings. Generally, the scope of work shall include repair of all exposed surfaces, whether specifically noted or not, and certain concealed surfaces, except where intended to remain unfinished as described in Paragraph 1.02 below. C. All work in this area shall be executed in accordance with the Secretary of the Interior's Standards for Rehabilitation. D. SAFETY NOTE: REPAIR TECHNIQUES AND MEANS AND METHODS MUST TAKE INTO ACCOUNT LEAD -BASED PAINT. 1.02 WORK NOT INCLUDED A. Unless otherwise indicated, plaster repair is not required on surfaces in concealed areas and inaccessible areas such as furred spaces, or surfaces covered by finish trim (i.e. base and casing). B. Any wall or ceiling surfaces in spaces beyond the Office and Restroom. 1.03 QUALITY ASSURANCE A. Repair and Finish work shall be performed only by qualified personnel employed by firms specializing in work of this type with experience in projects of similar size and complexity. B. Coordination of Repair surfaces and Substrates: 1. Provide base and finish coat plasters which are compatible with the existing plaster. 2. Upon request, furnish information on the characteristics of the specific repair materials to assure that compatibly. 3. Notify the Architect in writing of anticipated problems in using the specified repair and coating systems. 1.04 SUBMITTALS A. Product Data: Submit manufacturer's product literature and specifications to show compliance with standards for repair/rehabilitation. B. Materials List: Submit materials list of all items proposed to be provided under this Section. C. Samples: Contractor shall prepare insitu samples of each substrate and finish specified, including: 1. Surface prep of existing plaster walls prior to patching and application of finish plaster. 2. Insitu inspection of existing plaster wall after patching and crack repair but prior to application of final surface treatment. 3. Final surface treatment. Trolley Barn Interior Rehabilitation Fort Collins, CO Bid No. # 5804 August 13, 2003 Technical Outline Specifications 09200-1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: TROLLEY BARN INTERIOR REHABILITATION; BID NO. 5804 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 7/96 Section 00650 Page 1 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 By: Title: ATTEST: Secretary STATE OF COLORADO )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal. My Commission Expires: Notary Public 7/96 Section 00650 Page 2 '� SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: TROLLEY BARN INTERIOR REHABILITATION; BID NO. 5804 CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Insert State certificate here. DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232.2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.1140)(a)(M) l` - uv rry t 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 forthe 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 a 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 89 - 0170-750 (999) $0.00 1r14M1 rY� 5 �+e •��h� „�'Cw i�, :�?iW �iy 3+ari', 3e4afyy �� - r :, �}�7A�,� �',�'.r�`��`ki�kl th ,t.�'i .".. ,f�}i�. >' .. i'.t. , t,r, p Pv,�vf pfr i:•5'..Y. ,Jvkf..-.�`i' f.. Fl•�riiI46noSs Trade name/DB Owner, partner, or corporate name, Melling address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bld amount for your contract: Fax number. Business telephone number: Colorado withholding tax account number: Nam6 of exempt organisation (83 shown on contract): Exempt organizatlon's number. 98 - Address of exempt organization (city, State, Principal contact at exempt organization: Principal contact's telephone number. Physical location of project she (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year conatruction start date: Estimated Month Day Year completion date: I declare under penalty of perjury in the second degree that the statements made in this appUcation are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: TIUe of corporate officer. Date., •..u�.. carr-vww r r1i LirVC SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number I . DEFINITIONS......................................................j 2. PRELIMINARY MATTERS ........................ 3 1.1 Addenda ............................................. ] 2.1 Delivery of Bonds............................. 1.2 Agreement,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,1 2.2 Copies of Documents,,,., .....3 .............. 1.3 Application for Payment ........ .......... 2.3 Commencement of Contract 1.4 Asbestos.............................................1 Times; Notice to Proceed 3 1.5 Bid ........... ......... ......... ..........1 2.4 Starting the Work.- ......... .........3 1.6 Bidding Documents,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1_ 2.5-2.7 Before Starting Construction; 1.7 Bidding Requirements .........................1 CONTRACTOR's Responsibility 1.8 Bonds.................................................j to Report; Preliminary Schediles; 1.9 Change Order......................................I Delivery of Certificates of 1.10 Contract Documents,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 Insurance,,,....-,-,,,.............,,,,...3-4 1.11 Contract Price,,,,,,,,,, ,,,,,,,, ,,,,,,,,,,1 2.8 Preconstruction Conference 4 1.12 Contract Times....................................1 2.9 Initially Acceptable Schedules 4 1.13 CONTRACTOR..................................1 .......... 1.14 defective ,,,,,,,,,,,,,,„-,,,,,......,,_-,,......,,-„1 3. CONTRACT DOCUMENTS: INTENT, 1.15 Drawings.......................................I AMENDING, REUSE .......................................... 4 1.16 Effective Date of the Agreement ............ 1 3.1-3.2 Intent 4 1.17 ENGINEER ......................................... 3.3 Reference to Standards and Speci- 1.18 ENGINEER's Consultant ......................I frcations of Technical Societies; 1.19 Field Order ......................................... 1 Reporting and Resolving Dis- 1.20 General Requirements .........................2 crepancies................ ,................ 4-5 1.21 Hazardous Waste ..... ......... ..........2 3.4 Intent of Certain Terms or 1.22.a Laws and Regulations; Laws or Adjectives.....................................5 Regulations, -,,,,..I........ ..,..2 3.5 Amending Contract Docunents 5 1.22.b Legal Holidays .................................... 2 3.6 ......... Supplementing Contract 1.23 Liens,,,,,,,,,,,,,, 2 Documents 1.24 Milestone............................................2 3.7 Reuse of Documents,_..,,,,,-,,,,,,,,,,,,-,.5 1.25 Notice of Award 2 1.26 Notice to Proceed...............................„2 4. AVAILABILITY OF LANDS; 1.27 OWNER.............................................2 SUBSURFACE AND PHYSICAL CONDITIONS; 1.28 Partial Utilization................................2 REFERENCE POINTS,, 1.29 PCBs.................................................2 4.1 Availability of Lands ,,.,,,,,,,,,,..-,,,,,5-6 1.30 Petroleum..........................................2 4.2 Subsurface and Physical 1.31 Project ................ ... .............................2 Conditions....................................6 1.32.a Radioactive Material ........................„„2 4.2.1 Reports and Drawings...................... 1.32.b Regular Working Hours ......... ......... 2 4.2.2 Limited Reliance by CONTRAC- 1.33 Resident Project Representative ....... .... 2 TOR Authorized; Technical 1.34 Samples..............................................2 Data ..................................... 1.35 Shop Drawings, ................................... 2 4.2.3 Notice of Differing Subsurface 1.36 Specifications ..................................... 2 or Physical Conditions.,,,,,,.,,-,,,....6 1.37 Subcontractor ,,,,,,,,, ,,,,,,,,, ,,,,,,,,, 2 4.2.4 ENGINEER'S Review 1.38 Substantial Completion ......................... 4.2.5 Possible Contract Documents 1.39 Supplementary Conditions. .................. . 2 Change.........................................6 1.40 Supplier ...................................... 2 4.2.6 Possible Price and Times 1.41 Underground Facilities ..................... 2-3 Adjustments ............................... 6-7 1.42 Unit Price Work ...... ......... ........ 3 4.3 Physical Conditions --Underground 1.43 Work..................................................3 Facilities.......................................7 1.44 Work Change Directive ........................ 4.3.1 Shown or Indicated 7 1.45 Written Amendment ...........................3 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, 6.25 Submittal Proceedures; CON - Hazardous Waste or TRACTOR'S Review Prior ^ Radioactive Material....................7-8 to Shop Drawing or Sample Submittal....................................16 5. BONDS AND INSURANCE ................................. 8 6.26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER ...... 16-17 Bonds ............................................... 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Documents, ........... 17 Certificates of Insurance,,,,,,,,,,,,,,,,,,,• 8 6.28 Related Work Performed Prior _ 5.4 CONTRACTOR's Liability to ENGINEER's Review and Insurance..........................................9 Approval of Required 5.5 OWNER's Liability Insurance ............... Submittals...................................17 - 5.6 Property Insurance ..........................9-10 6.29 Continuing the World 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General tional Property Insurance .................10 Warranty and Guarantee, .............. 17 ^ 5.8 Notice of Cancellation Prodsion......... 10 6.31-6.33 Indemnification .........................17-18 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations ...................i8 for Deductible Amounts,,,,•,,,,,,,,,,,,,, 10 5.10 Other Special Insurance .....................10 7. OTHER WORK ........................ I........................18 5.11 Waiver of Rights................................11 7.1-7.3 Related Work at Site ....................... 18 5.12-5.13 Receipt and Application of 7.4 Coordination.................................18 Insurance Proceeds .....................10-11 5.14 Acceptance of Bonds and Insu- 8. OWNER'S RESPONSIBILITIES ......................_18 ance; Option to Replace. ................... 11 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR.................................18 ^ Insurance........................................11 8.2 Replacement of ENGINEER ............ 18 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES ...............I I When Due ..................... I ............ 18 6.1-6.2 Supervision and Superintendenc(; ....... 11 8.4 Lands and Easements; Reports ^ 6.3-6.5 Labor, Materials and Equipment,., 11-12 and Tests...............................18-19 6.6 Progress Schedule,,,,, ,,,,,,,,, ,,,•..........12 8.5 Insurance ....................................... 19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Or&rs ......... ................19 ^ CONTRACTOR's Expense; 8.7 Inspections, Tests and Substitute Construction Approvals...................................19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER's Evaluation.............12-13 Terminate CONTRACTOR's _ 6.8-6.11 Concerning Subcontractors, Services......................................19 Suppliers and Others; 8.9 Limitations on OWNER'S Waiver of Rights ,, ,•,,,,,,,,,,,,,,,,,,,,,13-14 Responsibilities, ........................... 19 6.12 Patent Fees and Royal ties....................14 8.10 Asbestos, PCBs, Petroleum, 6.13 Permits.............................................14 Hazardous Waste or 6.14 Laws and Regulations ........................14 Radioactive Material .................... 19 _ 6.15 Taxes...........................................14-15 8.11 Evidence of Financial 6.16 Use of Premises ................................. 15 Arrangements,............................ 19 6.17 Site Cleanlinesg................................ 15 6.18 Safe Structural Loading„...................15 9. ENGINEER'S STATUS DURING _ 6.19 Record Documents .............................. 15 CONSTRUCTION .............................................. 19 6.20 Safety and Protection ...................• 15-16 9.1 OWNER's Representative ................ 19 6.21 Safety Representative .........................i6 9.2 Visits to Site .................................. 19 -. 6.22 Hazard Communication Program* ...... 16 9.3 Project Representative ...............19-21 6.23 Emergencies ....... :............................. 16 9.4 Clarifications and Interpre- 6.24 Shop Drawings and Samples..............16 tations.,,,..,,.,,............................. 21 ., 9.5 Authorized Variations in Wrk ........ 21 ^ iff E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/9 .i Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work..................21 13.8-13.9 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request .....................27-28 and Payments ............... . .................21 13.10 OWNER May Stop the Work.......... 28 9.10 Determinations for Unit Prices.,,,,, 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work,,,,,,,,,,,,,,,,,, 28 NEER as Initial Interpretet..............22 13.12 Correction Period.,,,,, ...... 9.13 Limitations on ENGINEER's 13.13 Acceptance ofDefective Work ....28 28 Authority and Responsibilitie§,,.. 22-23 13.14 OWNER May Correct Defective Work ..................................... 28-29 CHANGES IN THE WORK ....................................... 23 10.1 OWNER's Ordered Change................23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment ........................ 23 COMPLETION,,,,,,,,,,,,,,,,,, 29 10.3 Work Not Required by Contract 14.1 Schedule of Values,,,,,,,,,,,,,,,,,,,,,, 29 Documents ............. *.......,,,,, 23 14.2 Application for Progress 10.4 Change Orders, 23 Payment ......................... 29 10.5 Notification of Surety,,,,,,,,,,,,,,,,,,,,,,,,, 23 14.3 CONTRACTOR's Warranty of Title..................... CHANGE OF CONTRACT PRICE .............................23 14.4-14.7 ..........29 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments,,,,,,,,,,,,,,,,, 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion,,,,,,,,, 30 the Work,,,,....* ......................... 23-24 14.10 .......... Partial Utilization 30-31 11.4 Cost of the Work,,,,......24-25 ...... 14.11 ,,,............... Final Inspectiort.. 31 11.5 Exclusions to Cost of the Work.,.,,..... 25 14.12 . Final Application for Payment,. 31 11.6 CONTRACTOR's Fee ....................... 25 14.13-14.14 ,,.,.,,_, Final Payment and Acceptance,,,,.,, 31 11.7 Cost Records ....................... .......25-26 14.15 Waiver of Claims 31-32 11.8 Cash Allowances 26 ...................... 11.9 Unit Price'Work................................ 26 15. SUSPENSION OF WORK AND TERMINATION ....., CHANGE OF CONTRACT TIMES 26 15.1 OWNER May Suspend Work 32 12.1 Claim for Adjustment.. 26 15.2-15.4 .......... OWNER May Terminate,,,,,,,,,,,,,,,, 32 12.2 Time of the Essence ........ .................26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate,,,,,,,,,,,,,,,,, 32-33 Control ........................... .. ......... 26-27 12.4 Delays Beyond OWNER's and. 16, DISPUTE RESOLUTION .................................. 33 CONTRACTOR's Control27 17. MISCELLANEOUS ........................................... TESTS AND INSPECTIONS; CORRECTION, 17.1 Giving Notice.....,,•,,, 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times,,,,,,,, 33 DEFE............ CTIVE WORK ................................................. 27 17.3 Notice of Claim..............................33 13.1 Notice of Defects ..... ........ .................. ?7 17.4 Cumulative Remedies 13.2 Access to the Work,,., .....*,,, .... .27 17.5 .,.,,,,,,..,,,,,,,,,.33 Professional Fees and Court 13.3 Tests and Inspections; Costs Included .............................33 CONTRACTOR's Cooperation,._..,,,, 27 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 13.4 OWNER's Responsibilities; Intentionally left blank ..................................... 35 Independent Testing Laboratory,,,,,,, 27 13.5 CONTRACTOR's EXHIBIT GC -A: (Optional) Responsibilities.,,,,,,,,, , „ . .............27 Dispute Resolution Agreement,,,,,,,,,,,,,,,,,,,,,GC-A1 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration., „,,,,,,,,,,,,, GC -AI tion, Testing or Approval ,•,,,,,,,,,,,,,,,27 16.7 , , Mediation,,. GC -Al ............................ 1° EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 1.05 DELIVERY, STORAGE AND HANDLING A. Deliver repair and patching materials in original, sealed and labeled containers bearing manufacturer's name, type of product, brand name, color, designation and instructions for mixing and/or reducing and MSD Sheets. B. Provide adequate storage facilities to store materials at minimum ambient temperature of 45 degree F in a well -ventilated area. C. Take precautionary measures to prevent fire hazards and spontaneous combustion. 1.06 ENVIRONMENTAL CONDITIONS A. Ensure that surface temperature and the surrounding air temperature is above 50 degrees F before applying finishes. B. Provide adequate continuous ventilation and sufficient heating facilities to maintain temperatures above 50 degrees F for 24 hours before, during and 48 hours after application of finishes. C. Provide minimum 15 foot-candles of lighting on surfaces to be finished. 1.07 PROTECTION A. Adequately protect other surfaces from damage. Repair damage as a result of inadequate or unsuitable protection. B. Furnish sufficient drop cloths, shields and protective equipment to prevent spray or droppings from soiling surface not being repaired and, in particular, surfaces within storage and preparation area. C. Place cotton cloths and any material which may constitute a fire hazard in closed, metal containers and remove daily from the site. 1.08 MAINTENANCE MATERIALS NOT APPLICABLY PART 2 PRODUCTS 2.01 REPAIR AND FINISH MATERIALS A. All substrates where damaged or deteriorated plaster has been removed shall be primed with Larsen, Plaster Weld, bonding agent prior to application of patching and finish plasters. B. Plaster products 1. Basecoat plaster for deep repairs: Gypsolite gypsum plaster or Kal-Kote base plaster. 2. Finish plaster: Kal-Kote smooth finish plaster, Kal-Kote texture finish plaster, or Uni-Kal vemeer plaster for hard, thin smooth and/or lightly textured finish over base plaster, or conventional basecoat plasters. 3. NU-Wal restoration system to stabilize and strengthen walls and ceilings. Repair cracks and holes, lead paint encapsulation. Trolley Barn Interior Rehabilitation Fort Collins, CO Bid No. # 5804 August 13, 2003 Technical Outline Specifications 09200-2 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" Itemg.....................(.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 ................................. 5.7 Adjustments -- Contract Price or Contract Times ...........................j.5, 3.5, 4.1, 4.3.2, 4.5.2, .............................4.5.3, 9.4, 9.5, 10.2-10.4, ............... .......................... 11,12,14.8,15.1 progress schedule .............................................. 6.6 Agreement -- definition of......................................................1.2 "All -Risk" Insurance, policy form . ........................... $.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's Responsibility ............................... 9.9 final payment,,,,,,,,,,,,,,,,,, 9.13.4, 9.13.5, 14.12-14.15 in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment......................................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.......................................................1.4 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 ........................ J.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 -- acceptanceof.....................................................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 fee.........................................11.6 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..........................................i1.3.2 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 EDITIG, w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/9 y Unit Price Work ................. I 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, .........1.. 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, ............... 13.9,13.13,I3.14,14.7,15.1,15.5 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,,,,,,,,,,,,,,,, Change Orders -- Acceptance ofDefective 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 World ... ......... ......... ........10 CONTRACTOR's fee........................................11.6 Cost of the Work ............ ........................... 11.4-11.7 Cost Records....................................................11.7 definition of.......................................................1.9 emergencies ............................................ 6.23 ENGINEER's responsibility,,,,..., 9.8, 10.4, 11.2, 12.1 executionof.....................................................10.4 Indemnifiction .........................0.12, 6.16, 6.31-6.33 Insurance, Bonds and.......................5.10, 5.13, 10.5 OWNER may terminate . ......... ..........15.2-15.4 OWNER's Responsibility.............................$.6, 10.4 Physical Conditions -- Subsurfaceand..............................................4.2 Underground Facilities--.............................4.3.2 Record Documents,,,,,,, Scope of Change,,,,,,,,,,,,,,, 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 againstOWNER...............................................6.32 Change of Contract Price ........................... 9.4, 11.2 Change of Contract Times,,,,,,,,,,,,,,,,,,,,,,,,,, 9.4, 12.1 CONTRACTOR's.............4, 7.1, 9.4, 9.5, 9.11, 10.2, .......... ........ ..... 11.2,11.9,12.1,13.9,14.8, ............................................15.1, 15.5, 17.3 CONTRACTOR's Fee ...................................... 11.6 Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31 Cost of the Work . . ..............11.4, ...................... 11.5 Decisions on Disputes ,,,,,,,,,,,,,,,,,,,,,,,,,* ..... 9.11, 9.12 Dispute Resolution ,,,,,,,,,,,,,,,,,,,*........................ 16.1 Dispute Resolution Agreement ....................16.1-16.6 ENGINEER as initial interpretor... ...............9.11 Lump Sum Pricing.........................................11.3.2 Noticeof..........................................................1.7.3 OWNER's................... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9 ........................ 12.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability ........................................... 5.5 OWNER may refuse to make payment.................14.7 Professional Fees and Court Costs Included ............................... 17. request for formal decision on ............................ 11 Substitute Items.............................................6.7.1.2 Time Extension,,,,,,,, 12.1 Time requirements....................................9.11, 12.1 Unit Price Work . ......... ......... ............. J 1.9.3 Valueof...........................................................11.3 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 ............................................. 6.17 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 ......................j.22 Completion -- Final Application for Payment .........................14.12 Final Inspection ............... ......... .............14.11 Final Payment and Acceptance...............14.13-14.14 Partial Utilization, ........................................... J4.10 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....... I ...................... 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 Vi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances..............................................11.8 Article or Paragraph Number Change of Contract Price .................................... I I Change of Contract Times ................................... 12 Changes in the Work................................10.4-10.5 checkand verify,................................................ 2.5 Clarifications and Interpretations, ......................... 3.2, 3.6, 9.4, 9.11 definition of.....................................................1.10 ENGINEER as initial interpreter of,,,,,,,,,,,,,,,,,, 9.11 ENGINEER as OWNER's representative..............9.1 general3 Insurance...........................................................5.3 Intent........................................................3.1-3.4 minor variations in the Work..............................3.6 OWNER's responsibility to furnish data...............8.3 OWNER'S responsibility to make prompt payment ..........................$.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 Discrepancie4,,,,,...2.5, 3.3 Reuseof.............................................................3.7 Supplementing.................................................. 3.6 Termination of ENGINEER's Employment .......... 8.2 Unit Price Work ..................... I.........................11.9 variations.........................................3.6, 6.23, 6.27 Visits to Site, ENGINEER's ............................... 9.2 Contract Price -- adjustment of ............... 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof..........................................................11 Decision on Disputes ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,9.11 definition of.....................................................1.11 Contract Times -- adjustment of ..........................3.5, 4.1, 9.4, 10.3, 12 Change of................................................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............................¢.9.2 definition of ........................... I ...... I .................. 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 Submittal6.25 Stop Work requirements.,.,,,,, ....4.5.2 CONTRACTOR's- Article or Paragraph Number Compensation............................................11.1-11.2 Continuing Obligation,,,,,,,,,,,,, ..... ......... ....14.15 -. Defective Work...........* .................... .6, 13.10-13.14 Duty to correct defective Work .......................... J 3.11 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.....................................................6.23 _ 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 .......................0.30 Hazard Communication Programs, ..................... 6.22 Indemnification ........................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 theWork....................................................0.30 Patent Fees and Royalties, paid for by ................. 6.12 Performance and Other Bonds ............................5.1 Permits, obtained and paid for bx.......................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 ..........................0.29, 10.4 CONTRACTOR's expense...........................0.7.1 CONTRACTOR's General Warranty and Guarantee...................................I...6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal,,,,,,,,,,,,,,,,, 6.25 w Coordination of Work ................................ 6.9.2 Emergencies...............................................6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items..............................0.7.3 For Acts and Omissions ^ of Others0.9.1-6.9.2, 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 EDITIOt w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/9' Labor, Materials and Equipment...............6.3-6.5 Laws and Regulations,,,,,,,,,,,,,,, ..6.14 ................. Liability Insurance ........................................ 5.4 Article or Paragraph Number Notice of variation from Contract Documents......,,,.. 6,27 Patent Fees and Royalties,,,,,,,,,,,,,,,,,, 6.12 Permits........................................... I ........... .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 Cleanliness..........................................6.17 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 To Report ............. ..2.5 Use of Premises......................6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal.,,,,: ............... .................. 6.25 Right to adjustment for changes in the Work ...... 10.2 right to claim,,,.,,,,,,, 4, 7.1, 9.4, 9.5, 9.11, 10.2,11.2, .......... J 1.9, 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 ........ 15.5 Reports of Differing Subsurface and Physical Conditions ..................... 4.2.3 Substantial Completion,,,,,,, .14.8 vm CONTRACTORS--other...............................................7 Contractual Liability Insurance „$..4.10 ............................ Contractual Time Limits.,,,,,,,,,, 12 2 Article or Paragraph Number Coordination_ CONTRACTORS responsibility,.,,,,,,.,., ..9.2 Copies of Documents,,,,,,,,,,,, ,,,,, ................. 2 2 Correction Period,..,,,,,,,,, ....................... ............ 13.12 Correction, Removal or Acceptance . . of Defective Work-- in general...................................10.4.1, 13,10-13.14 Acceptance ofDefective Work .................... 13.13 Correction or Removal of Defective Work,,,,,,,,,,,,,,,,,,,,,, 6.30, 13.11 Correction Period,,.,,_ .............................. ........13.12 OWNER May Correct Defective Work ,,,,,.„.„..,13.14 OWNER May Stop Work.................................13.10 Cost-- ofTestsand Inspections ................ Recordsll.7 .13.4 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts.................... 11A.2 CONTRACTOR's Fee......................................11.6 Employee Expenses,,,,,.,.......................... 11.4.5.1 Exclusions to ............................... ............ 11.5 General 11.4-11.5 Home office and overhead 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 .................... 11.4.3 Recordsll.7 Rentals of construction equipment and machinery.......................................11.4.5.3 Royalty payments, permits and license fees ............................................. 11.4.5.5 Site office and temporary facilities ................11.4.5.2 Special Consultants, CONTRACTOR's............11.4.4 Supplemental.................................................11.4.5 Taxes related to the Work............................1,1.4.5.4 Tests and Inspection,,,,,,,,,,,,,,,,,, 13.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilities ............... j 1.4.5.7 Work after regular hours 11.4.1 Covering Work,,,,,,,,,,,,,, 3.6-13.7 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 E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Correction or Removal of .....................10.4.1, 13.11 Correction Period............................................13.12 in general.........................................13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work.................................13.10 Prompt Notice of Defects...................................13.1 Rejecting...........................................................9.6 ........ Uncovering the Work ................. .. ..:.... ...... 13.8 Definitions................................................................ 1 Delays ..................................... 4.1, 6.29, 12.3-12.4 Delivery of Bonds ..................................................... 2.1 Delivery of certificates of insurance ............................7.7 Determinations for Unit Price$ ...... *............ ............. 9.10 Differing Subsurface or Physical Conditions-- Noticeof........................................................4.2.3 ENGINEER's Review ...................................... 4.2.4 Possible Contract Documents Chang4.............. 4.2.5 Possible Price and Times Adjustments ........ ;..... 4.2.6 Discrepancies -Reporting and Resolving................................2.5, 3.3.2, 6.14.2 Dispute Resolution -- Agreement ............................................... 16.1-16.6 Arbitration................................................16.1-16.5 general16 Mediation........................................................16.6 Dispute Resolution Agreement ...... ...................16.1-16.6 Disputes, Decisions by ENGINEER ................... 9.11-9.12 Documents -- Copiesof .......................................................... 2.2 Record 6.19 Reuseof.............................................................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 dispute$ ................ 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 oil ........ 9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility f6T ....., 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...................................................6.32, 9.12 Notice Work is Acceptable. ..............................14.13 Observations...........................................6.30.2, 9.2 OWNER'S Representative ............. .......................9.1 Payments to the CONTRACTOR, Responsibility for.....................................9.9, 14 Recommendation of Payment ....................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations o4.................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..................9.5 Clarifications and Interpretationp ..................9.4 Decisions on Disputess.........................9.11-9.12 Determinations on Unit Pricq......................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 ........................0.3-6.5 Equipment rental, Cost of the Work..................11.4.5.3 Equivalent Materials and Equipment .........................0.7 error or omission5..................................................0.33 Evidence of Financial Arrangementg ....................... $.11 Explorations of physical conditions ....................... 4.2.1 Fee, CONTRACTOR's--Costs Plus, .......................... 11.6 Field Order -- definition of.....................................................1.19 issued by ENGINEER ................................ 3.6.1, 9.5 Final Application for Payment...............................14.12 Final Inspection...................................................14.11 Final Payment -- and Acceptancq.....................................14.13-14.14 Prior to, for cash allowances...............................11.8 General Provisions..........................................17.3-17.4 General Requirements— definition of.....................................................1.20 principal references tg..............2.6, 6.4, 6.6-6.7, 6.24 Giving Notice.........................................................17.1 Guarantee of Work --by CONTRACTOR..,.,... 6.30, 14.12 Hazard Communication Programs ...........................0.22 Hazardous Waste -- definition of.....................................................1.21 general............................................................. 4.5 OWNER's responsibility for...............................8.10 ix EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITIOI w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/9,,,,,, Indemnification..............................6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules...................................2.9 Inspection -- Certificates of..............................9.13.4, 13.5, 14.12 Final........... ........................................14.11 Article or Paragraph Number Special, required by ENGINEER .........................9.6 Tests and Approval ................... ........$.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER...............................5.14 Additional, required by changes in the Work...........................................11.4.5.9 Before starting the Work .................................... 2.7 Bonds and --in general . I ......... ......... .........5 Cancellation Provisions,, .......................... I .........5.8 Certificates of ..................2.7, 5, 5.3, 5.4.11, 5.4.13, ........................5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations.....................................5.4.13 CONTRACTOR's Liability ........................... I ...... 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..................... I............................... Receipt and Application of Insurance Proceeds .............................................. 5.12-5.13 Special Insurance ....................................... 5.10 Waiver of Rights ......... ......... ..................5.11 Intent of Contract Documents..............................3.1-3.4 Interpretations and Clarifications .....................3.6.3, 9.4 Investigations of physical conditions ..........................4.2 Labor, Materials and Equipment..........................6.3-6.5 Lands -- and Easements...................................................$.4 Availability of.............................................4.1, 8.4 Reports and Tests ......... .. ....................................8A Laws and Regulations --Laws or Regulations-- Bonds........................................................5.1-5.2 Changes in the Work* ............................... ......10.4 Contract Documents3.1 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„.................4.................... ..................... 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 ................................................. Visits to Site.......................................................9.2 Liability Insurance-- CONTRACTORs............................................... 5.4 OWNER'S........................................................ ...5.5 Licensed Sureties and Insurers ................................. 5.3 Liens -- Application for Progress Payment .......................14.2 CONTRACTOR's Warranty of Title....................14.3 Final Applicaiion 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....................................................... ......................... Maintenance and Operating Manuals -- Final Application for Payment ......................... j4.12 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 ....... ,.**,,,,,,0.7 Mediation (Optional)..............................................i6.7 Milestones --definition of........................................j.24 Miscellaneous -- Computation of Times"............ * ...................... . „17.2 Cumulative Remedies.,,, ,, , ,. „.*,,,,,,,,,,,,,,,,,,,,,,,,,,, 17.4 Giving Notice............ 17.1 _ Notice of Claim................................................17.3 Professional Fees and Court Costs Included ......... 17.5 Multi -prime contracts.................................................7 Not Shown or Indicated ................... I.....................4.3.2 Notice of -- Acceptability of Project ....................................14.13 Award, definition of.........................................1.25 Claim................................17.3 ............................ Defects, 13. l Differing Subsurface or Physical Condition$....., 4.2.3 Giving............................................................1.7.1 Tests and Inspections........................................13.3 Variation, Shop Drawing and Sample ...............6,27 Notice to Proceed -- definition of......................................................1.26 givingof...........................................................2.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety .............................. ,10.5 Observations, by ENGINEER ........................... 6.30, 9.2 Occupancy of the Work,,,,,,,,,,,,,,,,,,, 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOI................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 ................................. 6.3 OWNER -- Acceptance of defective Work...........................1,3.13 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...........................1,3.14 May refuse to make payment„ ...........................I4.7 May Stop the Work.........................................13.10 May Suspend Work, Terminate............................$.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 World..............................6.30.2.5 Change Orders, obligation to execute,,,,,,,,,, 8.6, 10.4 Communications ............................................... 8.1 Coordination of the Work...................................7.4 Disputes, request for decisiorl............................4.11 Inspections, tests and approval§..................8.7, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects..............................................13.1 Representative --During Construction, ENGINEEKs Status......................................9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material8.10 Change Orders.............................................8.6 Changes in the Work...................................10.1 communications8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangements..............8.11 inspections, tests and approval§,,,,,,,,,,,,,,,,,,,,, 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 xi E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/9" Article or Paragraph Number written notice required .........................7.1, 9.4, 9.11, ...............................I...11.2, 11.9, 14.7, 15.4 PCBs-- definition of.....................................................1.29 general....................................................... I......4.5 OWNER's responsibility for ................. P 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,,,,,,,,,,,,,,, Payments, Recommendation of..............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments .................... 14.2 CONTRACTOR's Warranty of Title ................... J4.3 Final Application for Payment,.,,,,,, 14.12 .................. Final Inspection... ............................ . ............ 14.11 Final Payment and Acceptance,,,,,,,,,,,,,,, ................ general ..................... Partial Utilization,,,,,,,,,,,,,,,,,,,, „14.10 Retainage..........................................................14.2 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 .............................. 14A, 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 general 4.2.1.2 .............................. Notice of Differing Subsurface or .... ................ 4.2.3 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments..............4.2.6 Reports and Drawings ............................... .. 4.2.1 Subsurface and .............................. ................... 4.2 Subsurface Conditions,,,,,,,,,,,,,, ............... .....4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ...................... 4.2.2 Underground Facilities -- general.................................... 4. Not Shown or Indicr<ed..............................4.3.2 Protection of..........................I..............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 .....................................................? Preliminary Schedules,,.,..,_,.,. 2.6 Premises, Use of ............ .................. 6.16-6.18 Price, Change of Contract 1 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,,,,,,,,,,,,,,,,, ............ Project Representative-- ..1.31 ENGINEER's Status During Construction .............9.3 Project Representative, Resident --definition of.........1.33 prompt payment by OWNER,,,,,,,,,,,,,,,,,, Property Insurance -- Additional ......................... ....... .........................5.7 general5.6-5.10 Partial Utilization ............................... _5.15, 14.10.2 receipt and application of proceeds ............. 5.12-5.13 Protection, Safety and,,,,,,,,,,,,,,,,,,,,,,,, 6.20-6.21, 13.2 Punch list Radioactive Material-- defintion of ................. .................................... 1.32 genera14.5 OWNER's responsibility for,,,,,,,,,,,,,,,,,,,,, $.10 Recommendation of Payment ...I........14.4, 14.5, 14.13 Record Documents,,,,,,,,,,,,,,,,,,,,,,,, 6.19, 14.12 Records, procedures for maintaining,,, ........ 7.8 Reference Points ........................... .................. Reference to Standards and Specifications ........4.4 of Technical Societies..,,,,,.,,,. Regulations, Laws and (or),,,,,,,,,,,,, 6.14 Rejecting Defective Work ....................................... .................. 9.6 Related Work -- atSite........................................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,,,, 6.28 Remedies, cumulative,,,,,,,,,,,,,,,,,,, 17.4, 17.5 Removal or Correction ofDefective Work ,,,,,,,,,,.„_..13.11 rental agreements, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER, by OWNER,,,,,,,,,,,,,,,,,,,, 8.2 Reporting and Resolving Discrepancies ......................... 2.5, 3.3.2, 6.14.2 Reports -- and Drawings.................................................4.2.1 and Tests, OWNER's responsibility ......................8A Resident and Project Representative -- definition of....................................................1.33 provisionfor............................................................ 9.3 xii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR'$ ............... 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 Documents..................................................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 Rightsof Way..........................................................4.1 Royalties, Patent Fees and......................................6.12 Safe Structural Loading..........................................0.18 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.....................................................0.24-6.28 Review by CONTRACTOR ............................... 6.25 Review by ENGINEER..............................6.26, 6.27 related Work.....................................................6.28 submittal of....................................................0.24.2 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..................................................15.2.1 Adjusting...........................................................6.6 Change of Contract Times.................................10.4 Initially Acceptable ...................................... 2.8, 2.9 Preliminary........................................................ 2.6 Scope of Changes ...................................... 10.3-10.4 Subsurface Conditions........................................4.2.1.1 Shop Drawings -- and Samples, general ................................ 6.24-6.28 Change Orders & Applications for Payments, and, ........................................ 9.7-9.9 definition of......................................................1.35 ENGINEER's approval of.................................3.6.2 ENGINEER's responsibility for review ..................................... 9.7, 6.24-6.28 related Work.....................................................0.28 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......................................I...............7.2, 13.2 Site Cleanliness......................................................0.17 Site, Visits to -- by ENGINEER .......................................... 9.2, 13.2 byothers..........................................................13.2 "special causes of loss" policy form, insurance........................................................5.6.2 definition of.....................................................1.36 Specifications— defrnation of....................................................1.36 of Technical Societies, reference t9 ...................3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Before..............................2.5-2.8 Startingthe 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................................................0.8-6.11 definition of....................................................1.37 delays.............................................................12.3 waiver of rights................................................0.11 Subcontractors --in general.................................6.8-6.11 Subcontracts --required provision$ ......... 5.11, 6.11, 11.4.3 Submittals -- Applications for Payment... ............................... 14.2 Maintenance and Operation Manuals...............14.12 Procedures.......................................................0.25 Progress Schedules......................................2.6, 2.9 Samples...................................................6.24-6.28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions......................................2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion -- certification of............................6.30.2.3, 14.8-14.9 definition of.....................................................1.38 Substitute Construction Methods or Procedures ........ 6.7.2 Substitutes and "Or Equal" Item$...............................6.7 CONTRACTOR's Expense............................0.7.1.3 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 9/996, Article or Paragraph Number or Procedures.............................................6.7.2 Substitute Items .......................................... 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatng 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 ........................................ 4.2.3 Physical Conditions ..................................... 4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments ............... 4.2.6 Reports and Drawings,,,,,,,,,,,,,,,,,,,,,,, ............... 4.2.1 Subsurface and ................................................... 4.2 Subsurface Conditions at the Site...................4.2.1.1 Technical Data ................................................ 4.2.2 Supervision— 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...............0.2 Supplemental costs ............. ................................. 11.4.5 Supplementary Conditions -- definition of.....................................................1.39 principal references to.................1.10, 1.18, 2.2, 2.7, ............. •........... .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 ......................... 3.6 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...............................................0.11 Surety -- consent to final payment .......................i4.12, 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 ....................... i3.10, 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 Temporary construction facilities 4.1 Article or Paragraph Number Termination -- by CONTRACTOR...........................................15.5 by OWNER .............. ..........................8.8, 15.1-15.4 of ENGINEER's employment••,,,,,,,,,,,,,,,,,, $,2 Suspension of Work-in general ••........ Terms and Adjectives.............................................. 4 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 Defects • • • • • •,,,,,. *.13.1 OWNER May Stop Work.................................13.10 OWNER's independent testing ..........................J3.4 special, required by ENGINEER ..••••••••...,,,„........9.6 timely notice required„ • •........... ........................ 13.4 Uncovering 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..........................................................17.2.2 Milestones ....................................................... •.•12 Requirements -- appeals .............................. ....... 9.10 16 clarifications, claims and disputes •••,,,,,,,,,,,,,„9.11, 11.2, 12 Commencement of Contract Times......•,,,,,,,,, 2.3 Preconstruction Conference........... I...............7.8 schedules.........................................2.6, 2.9, 6.6 Starting the Work.........................................2.4 Title, Warranty of ................................................... 14.3 Uncovering Work - ................ Underground Facilities, Physical Conditions-- definition of....................................................1.41 Not Shown or Indicated .........*...I .............. „4.3.2 protection of••,••,,,,,,,,,,,,,, .........4.3, 6.20 Shown or Indicated..........................................4.3.1 Unit Price Work-- claims.........................................................1.1.9.3 definition of •,•••••••,,,,,,,,,,,,,,,,,,,, ....................... 1.42 general11.9, 14.1, 14.5 Unit Prices -- general l 1.3.1 Determination for ..................................... 9.10 Use o£ Premises ................................. 6.16, 6.18, 6.30.2.4 Utility owners•• ..........................6.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial ................... 1.28, 5.15, 6.30.2.4, 14.10 Value of the Work .................................................... 11.3 Values, Schedule of .............................. 2.6, 2.8-2.9, 14.1 Xiv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) PART 3 EXECUTION 3.01 INSPECTION A. Contractor shall thoroughly examine surfaces scheduled to be repaired and determine proper extent of patching and surface prep prior to commencing work. Notify the Architect of any condition that may potentially affect proper application and final appearance 3.02 PREPARATION OF SURFACES A. Remove all loose particles of plaster and flaking paint from surface to repaired. If plaster has shifted as a result of a crack, sand the ridge to an even plane. For cracks larger that one sixteenth of an inch proceed to the next step. B. Remove areas of existing plaster where plaster de -laminated from substrate. Areas to identified by sounding all surfaces. Remove veneer plaster and/or base plasters to sound substrate, removing all loose particles. Vacuum substrate surface and all existing plaster edges to insure a clean surface for application of bonding agent. C. Replace and/or re -attach loose or missing wood lath. Replacement lathe shall span a minimum of three wood studs, attached with taper cut nail, or round headed lath nail and shall be milled from furr, straight and true, no warps, twists, or knots with rough dimensions to match existing lath and a maximum moisture content of 6%. D. Apply one coat of liquid lathe bonding agent by brush, roller or spray equipment per manufactures recommendation. Allow at least one hour or until plaster weld is dry to the touch before proceeding to the next step. E. Apply base coat plaster, building to match thickness of existing base plaster using any of the basecoats specified. F. Build patch to final level by matching existing veneer, feather new patch as necessary to hide repair. G. Remove grease, oil, dirt, mildew, or other contaminates by washing surface of existing plaster with detergent and water. H. Spot prime all bare plaster and patching areas. I. Apply NUMAL Restoration System over all existing plaster surfaces after repairs have been made. Follow manufacturer's recommendations for installation of products to strengthen plaster surfaces and repair cracks. Top coat as necessary to accomplish desired surface finish. END OF SECTION Trolley Barn Interior Rehabilitation Fort Collins, CO Bid No. # 5804 August 13, 2003 Technical Outline Specifications 09200-3 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..................j.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR................................................0.30 Warranty of Title, CONTRACTOR's.......................14.3 Work -- Accessto..........................................................13.2 byothers............................................................... 7 Changes in the,,,,,,,,,,,,,,................ ......................10 Continuing the .................................. ................0.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of ................................................. 7.4 Cost of the.................................................11.4-11.5 definition of.....................................................1.43 neglected by CONTRACTOR............................13.14 otherWork............................................................7 OWNER May Stop Work...............................„13.10 OWNER May Suspend Work...................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, mino(•........... 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, .........................0.6.2, 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 1910-9 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/9., (This page left blank intentionally) xvi EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or 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. Bid --The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding 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 COLLINS MODIFICATIONS (REV 412000) 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 fumished 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 tern 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.a. Laws and Regulations, Laws or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.22.b. Lezal 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. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil 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 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 6:00pm unless otherwise specified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop 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 ENGINEEKs 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. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier --A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 fumished under the Contract Documents. Work includes and is the result of performing or famishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Directive --A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, 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 of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents. 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. ht H8 &vent '" the Cent et Trines eenunenee to ran la4er than the sixtieth day after the -day of Bid enea* er the thirfieth a after h Effeetive Date of the Ag-ee _t whiehwer aate i ear,• en 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 times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR Anti ^� shall eaeh deliver to the ether OWNER with copies to iderAfied in the Supplementary Genditiens ENGINEER certificates of insurance (and other evidence of insurance bequest requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4, `7 J 6 and 5.7. 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 tea days befefe submission of the before any work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as a"wpriate 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 1 - 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 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 ... E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) ..w 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from 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 famishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents. 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following 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 Edition) 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 6.27), 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 bearing 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 of Lands 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. of nr filing n meehaftie's lien against sueh lands 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 ENGINEERS 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 any such data, interpretations, opinions or information. 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 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, prew4)d 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 ENGINEERS 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 Adjustments: 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 of; the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4,inclusive; 4.2.6.2. a change in the Contract Documents 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 EJCDC GENERAL CONDITIONS I910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 or Indicated. 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, pFemp4ly 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 Edition) 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 � 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 ENGINEERS 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. .. Y � OWN"1_1iTAllen- • . Y • ., _- . • 1. 1. . Y • • rll. '10 WIN ARTICLE 5-130NDS 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 CONTRACTORIs obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond 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; Cerhftcates 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 jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. Q TRH'. _ .RTlLR�7 • . YI •_. •, • Lip EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO. 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: f. 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, intentionally or any high or non- competitive bid or other form of complementary bid. 3B. 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 by or promise 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. 8. 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. CorOmctoes turn or mmpany name By Date Title 2n0 ooramctoesdirm or company name. at loim vernum.) By Gale This Sworn to before me this day of, PO Notary Public My commbNon expires NOTE: This document must be signed in ink. Coax Form 0606 1102 CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or famished 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 whom shall be listed as additional insureds, and include, coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 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 paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: , limited to fees ^'1 onafgw of engineers ... :.'1. SfAteets)-, • 1. : 1 • I. 1 • • • Y r . Y • r _ _1. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in . ..... UaA, ___ • • .11 • .1.'- - • . I. 1! r - • Y r • • .. . - - • I, n • . Y r . Y • . 1. 1. •r • I. 1_ WIF M0 - - - - He R EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 required Titiag by any __F. . inteirest, OWNER as fidueiaiy shall give bend for Acceptance of Bonds and Insurance, Option to Replace: 5.14. If eitherpai:ty(OWPMn _ CONT-RACTC)R) 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 ether- - pater CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the OWNER will notify CONTRACTOR in writing within ten fifteen days after reeeipt delivery of the certificates (or ether evidenee requested] to OWNER as required by paragraph 2.7. pFevided as the ether may reasonably- request if either et purehamaintain ar all of h. Bonds d r rthe athef partyin 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 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 Supervision 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. 11 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 Citv's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6.4.2 Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that 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 furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the 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 particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description 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 12 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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. CONTRACTOR' 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 furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in 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 furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned 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 4/2000) 69. 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. 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 date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,-aad—i4' CONTRACTOR ONTRACTO hes innittCJ 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 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 furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier 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. is %xith a Subeentfaetef or Supplier whe is liked as GONTRAGTOR d the SubeerxQnot' i ^' Supplier wifl ENGPMERe ENGRiEEWS Gensaltants and all other addifienal kwureds for all losses and damages eaused by; the We le If witwar-manmy sash pelieiesSupplier-, GON-TRACTOR will ebtain the e same. 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, ENGINEEKs 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. 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 CONTRACTORs 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 permanently incorporated into the project. Said taxes shall not be included in the Contract Price. the project. Address: Colorado Department of Revenue State Capital Annex EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 14 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 protect 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 dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste 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: E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in 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). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the 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 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 _ EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 16 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 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 (REV 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 of Obligations: 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's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree 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 Edition) 18 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 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 ORADO DEPARTMENT OF TRANSPORTATION RTIFICATION OF EEO COMPLIANCE ECE Instructions: Bidders and subcontractors must complete and submit this form with bid proposals forfederally funded contracts greater than $10,000. This is required by the Equal Employment Opportunity Regulations [41 CFR 60-1.7(b) (1)]. The regulation also requires that if you have participated in a previous contract or subcontract and have not filed a Standard Form 100 (EEO- 1), you cannot be awarded this contract. You may file a report covering the delinquent period for consideration by the Federal Highway Administration or the Director of the Office of Federal Contract Compliance, U.S. Department of Labor. The Standard Form 100 (EEO-1) may be requested from the: Joint Reporting Committee P.O. Box 779 Norfolk, VA 23501 (757) 461-1213 1. ❑ Yes ❑ No I have developed and have on file at each establishment an affirmative action program as required by 41 CFR Chapter 60, Part 60-2. 2. ❑ Yes ❑ No I have participated in a previous contract/subcontract subject to the equal opportunity clause. 3. ❑ Yes ❑ No I have filed with the Joint Reporting Committee, the Director, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements. I declare under penalty of perjury in the second degree and any other applicable state or federal laws, that the state- ments made in this document are true and complete to the best of my knowledge. Company ❑ bidder ❑ proposed subcontractor By: Title: Date: CDOT Fq M47 1 V94 structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. and maintaining liability and prvpcn.y--anomtmce areocr 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 Er 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 0WNER'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 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project 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 and in the Supplememary Eeaditiens of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEEWs Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in paragraph 9.3 9.3.2. Duties and Responsibilities Representative Will: 9.3.2.1. Schedules - Review the progress 19 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 information, when required, for proper execution of the Work. 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of any 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 assist 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 reguirements 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 specjal testing, inspection or approval. 9.3.2.4.3. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the ENGINEER. 9.3.2.5. Interpretation 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 ENGINEER. 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for 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. interpretations of the Contract Documents. progress reports and other proiect documents. observing test procedures; send copies to the ENGINEER. 9.3.2.7.3. Record names, addresses and telephone numbers of all CONTRACTORS subcontractors and major suppliers of equipment and materials. 9.3.2.8. Reports. 9.3.2.8.1. Furnish ENGINEER periodic [Morts, 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 maior tests, inspections 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 any 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 20 E1CDC GENERAL CONDITIONS I910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 in the Work. 9.3.2.10. Comnletion. 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. Accept 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 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the 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 ENGINEERSs 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 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from 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 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 written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a form 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 decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. "- 9.12. When functioning as interpreter and judge under paragraphs 9.10 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 Authority 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 decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to -- CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, ^ control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or famish 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 22 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 10A.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.1 l; 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 Edition) 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 perfonning 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.L where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: 11A. The term Cost of the Work means the sum of all costs necessarily 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 iaslude butnet be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and Fetirert3ent 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, 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 he determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including -but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 24 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee, 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' 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 CONTRACTORSs 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 11.4.1 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 fe tie ne '' c ` , to be negotiated in good 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' 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 famished 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 11.8.2. CONTRACTOR's costs 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 ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 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 OWNER'S 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. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract 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.L 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 26 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 of Defects. Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at masenable time 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 4/2000) 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, famishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting 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 orRem ovat of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, 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 one year two year 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 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 exe-year two veazs 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 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) AUGUST 18, 2003 CITY OF FORT COLLINS PLANHOLDERS LIST FOR BID #5804 TROLLEY BARN INTERIOR REHABILITATION GROWLING BEAR 2330 4T" AVE GREELEY, CO 80631 PH 970-353-6964 FAX 970-353-5974 SUN CONSTRUCTION & DESIGN 1232 BOSTON AVE LONGMONT, CO 80501 PH 303-444-4780 FAX 303-444-6774 H & H ELECTRIC 228 S LINK LANE FT COLLINS, CO 80524 PH 970-493-2398 FAX 970-484-0269 EMPIRE CARPENTRY P O BOX 245 BELLVUE, CO 80512 PH 970-493-3499 FAX 970-493-2088 THISSEN CONSTRUCTION 2900 F ST GREELEY, CO 80631 PH 970-353-8242 FAX 970-351-0530 NORTH WIND MECHANICAL P O BOX 1654 LOVELAND, CO 80539-1654 PH 970-278-9697 FAX 970-278-1686 UNIVERSITY DESIGNERS 3120 ABBOTSFORD ST FT COLLINS, CO 80524 PH 970-416-6966 FAX 970-416-6965 COLORADOJAYNES 12301 N GRANT ST, SUITE 230 THORNTON, CO 80421 PH 303-451-5250 FAX 303-451-5636 POUDRE VALLEY AIR 2416 DONELLA CT, #A FT. COLLINS, CO 80524-1432 PH 970-493-2050 FAX 970-493-2073 HAHN PLUMBING & HEATING P O BOX 1924 FT. COLLINS, CO 80524 PH 970-484-7668 FAX 970-493-5325 NORTHERN COLORADO ELECTRICAL 201 COMMERCE DR., #1 FT. COLLINS, CO 80524 PH 970-484-5390 FAX 970-493-6065 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.L 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 retainage 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 24-91-10I 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 of Applicationsfor 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 Edition) 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 (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment 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 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. E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 30 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to finalize Payment are to be submitted on forms conformme to the format of the OWNER'S standard forms bound in the Protect 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 subiect to paragraph 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 OWNER 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 paragraph 2.9 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 CONTRACTOWs tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be 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 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in 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. E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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, and, 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 Costs Included. 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado a ply to this Agreement Reference to two pertinent Colorado statutes are as follows; 17.6.2. If a claim is filed OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to 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 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 34 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) .,w (This page left blank intentionally.) EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35 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 m 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 involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or 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 -AI SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). C-8.10 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 A i i tNDANt;E REGUKD PRE CONFERENCE Project: 5804 TROLLEY BARN INTERIOR REHABILITATION Time: 10:OOA.M. Date: AUGUST 12, 2003 Location: 330 N. HOWES NAME FIRM NAME ADDRESS TELEPHONE FAX # E-MAIL ADDRESS AAA"-Cas1�.0 v(-)rK121 o ��;55e� et- � _ 11 �c✓ ; Gr�eL CO S063( lz,5 6a&s-6>� .v c,.ov,fC.O ?o56 Q3�x2`�6— 35a L,►, �� 5r �. l�r y 9�o-3s3-Saka 363-4�Y-117X0 a�!- YG a) 9�-35/-as3u 4SVy 677 0�20?l - YLS" aJane� �y 2330: 3 353 .L � r, ' ��a..e � �e �/i• �'o OSr2 Y 93 � Sr �%� .. ©Z O c I/mot Z ZLIJ GU G Z � ,_,� c�vcs l� I ��'✓e-�C�"� c. Z10�^ W - Cal cyc.- F�r,C 303- cl3�l - I z3 q3vo 3U�- � 3�-- � JNs�;� _c Uk� � e vwwe G%c� cd �' 4 • ��(/ - / S i / /io /.lQfii GH(Zl�"tE.n15"-') /7(v� Co" R-A'00 Spy rJE 5 aRq Cr�^2 (.e^ z 3 N G R.f% t.rT � 2.30 �j}1OR.+1Sb�-1! Ccs '�FL �a�.�—Ss '� 03 `A C'I saso -r o3 • 90's- 4 51 - 5 (03 � ![•l µG/+ C�/h e G oR-A Oo �TY�7�t1f. 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 y 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-13.12 Correction Period: A. Revise paragraph 13.12.1 to read as follows: 13.12.1 If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Lqws 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, etc... 00800-2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: TROLLEY BARN INTERIOR REHABILITATION; BID NO. 5804 CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL o OF THIS CHANGE ORDER TOTAL C.O.o OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager DATE: REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing 9/99 Section 00950 Page 1 Section 00960 Application for Payment Insert pages 1 - 4 9/99 APPLICATION FOR PAYMENT PROJECT: PO# PAY ESTIMATE NO: DATE: CONTRACTOR: ADDRESS: CONTRACT FOR: PARTIAL TO The undersigned Contractor certifies that to the best of his knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received, in this current payment shown herein is now due. CONTRACTOR: Date: FINAL TO In accordance with the Contract Documents, based on site observations and the data comprising the above application, the Architects Certifies to the Owner that the Work has progressed to the point indicated; that the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. ENGINEER: By: Date: Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT AMOUNT APPROVED CHANGE ORDERS TO DATE ADJUSTED CONTRACT AMOUNT TOTAL WORK COMPLETED AND MATERIALS USED RETAINAGE (10% OF TOTAL) TOTAL EARNED LESS RETAINAGE LIQUIDATED DAMAGES WITHHELD TOTAL EARNED LESS LIQUIDATED DAMAGES LESS PREVIOUS PAYMENTS CURRENT PAYMENT DUE APPROVED BY: (Title) cc: Accounting City Clerk Contractor Engineer Project File DA DATE OF ISSUANCE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. WORK CHANGE DIRECTIVE No. EFFECTIVE DATE ENGINEER's Project No. You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: Unit Prices Lump Sum Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract $ Times: If the change involves an increase, the estimated Substantial Completion: days; amount is not to be exceeded without further Ready for final payment: days. authorization. x�cwmmr lvlJ>ru; AUTHORIZED: ENGINEER OWNER By: By. EICDCNo. 1910-8-F (1996Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING. THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and. attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD Ol, DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated Inet effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed; another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated time is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the farm, all copies should be sent to Owner for authorization because Engineer atone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph 10.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS 1S A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR, CONiiiACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. Advancement of Construction Technology REQUEST FOR INTERPRETATION Project: R.F.I. Number: To: From: Date: A/E Project Number: Re: Contract For: Specification Section: Paragraph: Drawing Reference: Detail: Request: Signed by: Date: Response: ❑ Attachments Response From: To: Date Rec'd: Date Ret0d: Signed by: Date: Copies: ❑ owner ❑ Consultants ❑ ❑ ❑ ❑ []File Copyright 1994, Construction Specifications Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CSI Form 13.2A Advancement of Construction Technology CLARIFICATION NOTICE Project: Clarification Notice Number: a From: To: Date: A/E Project Number: Re: ContractFor: This Clarification Notice is issued for the purpose of clarifying the Contract Documents based on an interpretation reasonably inferable from the Contract Documents, and therefore has no effect on the Contract Sum or Contract Time. Proceeding with Work in accordance .. with this Clarification Notice indicates acceptance with no change in the Contract Sum or Contract Time. Specification Section: Paragraph: Drawing Reference: Detail: Description ❑ Attachments ._ Signed by: Date: �. Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ []File c� Copyright 1994, Construction Specifications Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA CSI Fonn 13.3A 22314 10 Advancement Of Construction Technology Project: To: Re: Field Order Number From: Date: A/E Project Number: Contract For: FIELD ORDER You are hereby directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the Work without change in Contract Sum or Contract Time. If you consider that a change in Contract Sum or Contract Time is required, submit a Change Order Request to the A/E immediately and prior to proceeding with this Work. Specification Section: Paragraph: Description of Interpretation or Change: ❑ Attachments Signed by: Drawing Reference: Detail: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Specification Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CSI Form 13.4A ATTENDANCE RECORD PRE CONFERENCE Project: 5804 TROLLEY BARN INTERIOR REHABILITATION Time: 10:OOA.M. Date: AUGUST 12, 2003 Location: 330 N. HOWES NAME FIRM NAME ADDRESS TELEPHONE FAX # E-MAIL ADDRESS 0+►��1 5-ave �ZJ Co�C „� G �G DPS sex yr C 7? l) . S`6v ' `� L72a 1-to?? 7 C;� a - �-a7 as l�0�07 �a -Gs3y o� � z cjou, ssea- rc,ICl(J F ©v. cc • u'untf. too V, 10 FEDERAL REQUIREMENTS TABLE OF CONTENTS Buy America Requirements Page 2 Seismic Safety Requirements Page 2 Energy Conservation Requirements Page 2 Clean Water Requirements Page 2 Lobbying Page 2-3 Access to Records and Reports Page 3 Federal Changes Page 4-7 Clean Air Page 7 Recycled Products Page 8 Davis -Bacon Act Page 8-13 Contract Work Hours and Safety Standards Act Page 13-14 Copeland Anti -Kickback Act Page 14-15 No Government Obligation to Third Parties Page 15 Program Fraud and False or Fraudulent Statements Page 15 Termination Page 15-18 Governmentwide Debarment and Suspension (Nonprocurement) Page 18-19 Privacy Act Page 19-20 Civil Rights Requirements Page 20-21 Breaches and Dispute Resolution Page 21 Patent and Rights in Data Page 21-24 Disadvantaged Business Enterprise (DBE) Page 24-26 Interests of Members of or Delegates to Congress Page 26 Prohibited Interest Page 26 ATTACHMENTS: Attachment 1 Buy America Requirements 2 pages Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements 1 page Attachment 5 Davis Bacon Wage Determination 8 pages Page 1 BUY AMERICA REQUIREMENTS 49 U.S.C. 53230)49 CFR Part 661 The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts. The contractor agrees to comply with 49 U.S.C. 53230) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 53230)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. SEISMIC SAFETY REQUIREMENTS 42 U.S.C. 7701 et seq. 49 CFR Part 41 Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 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. CLEAN WATER REQUIREMENTS 33 U.S.C.1251 Clean Water (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et sec . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. LOBBYING 31 U.S.C. 135249 CFR Part 1949 CFR Part 20 Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C.O 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Page 2 Congress, officer or employee of Congress, or an employee of a member of Congress in ... connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Submit signed Attachment 4, Certification Regarding Lobbying, with Bid or Proposal Certification for Contracts, Grants, Loans, and Cooperative Agreements ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 49 CFR.633.17Access to Records - The following access to records requirements apply to this Contract: 1. 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 Unites 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. 2. Not applicable 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or — other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the Unites States or any of their duly authorized -. representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, " excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. 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. 6. 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). Page 3 FEDERAL CHANGES 49 CFR Part 18 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 Agreement (Form FTA MA (2) dated October, 1995) 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. BONDING REQUIREMENTS (for Purchasing Information only -does not need to be included in bids or RFPS) Applicability to Contracts For those construction or facility improvement contracts or subcontracts exceeding $100,000 FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. C. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: (1) 50% of the contract price if the contract price is not more than $1 million; (2) 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or (3) $2.5 million if the contract price is more than $5 million. d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond. Bonding requirements flow down to the first tier contractors. FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared sample clauses as follows: Bid Bond Requirements (Construction) (a) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Page 4 Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: -• (a) Performance bonds 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds 1. The penal amount of the payment bonds shall equal: (i) Fifty percent of the contract price if the co9ntract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or Page 5 (iii) Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements (Non -Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. a) The following situations may warrant a performance bond: 1. (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it in financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. (b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as fellows: 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. (d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Page 6 Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (Recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient). Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The — (Recipient) shall determine the amount of the patent indemnity to protect the (Recipient). Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials „ and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED — PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). CLEAN AIR 42 U.S.C. 7401 et seq 40 CFR 15.61 49 CFR Part 18 _ Clean Air (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.0 7401 et seq.. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Page 7 RECYCLED PRODUCTS 42 U.S.C. 6962 40 CFR Part 247 Executive Order 12873 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. DAVIS-BACON ACT 40 USCO276a-276a-5 (1995) 29 CFRD 5 (1995) The language in this clause is mandated under the DOL regulations at 29 C.F.R.05.5.) (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 employees payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination and the Davis -Bacon poster (WH-1 321) 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) 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. (iii) 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 Page 8 require the contractor to set aside in a separate account assets for the meeting of obligations _ under the plan or program. (iv) (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 therefor 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 2021 0. 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 (1)(iv) (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 [ insert name of 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 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 [ insert name of grantee ] Page 9 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 [insert name of grantee ] 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 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 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. Page 10 TROLLEY BARN INTERIOR REHABILITATION Fort Collins, Colorado Funded by: Colorado Department of Transportation & the City of Fort Collins OWNER City of Fort Collins 300 Laporte Avenue Fort Collins, CO 80522 CONTRACT ADMINISTRATION Operations Services, PMPD 117 N. Mason Street Fort Collins, CO 80522 PMPD, FACILITIES PROJECT MANAGER Steve Seefeld, CCCA (970) 221-6227 CDOT PROJECT REPRESENTATIVE Wendy Turner (970) 350-2182 ARCHITECT/ENGINEER Ian Shuff Aller-Lingle Architects, P.C. (970) 223-1820 PURCHASING John Stephen, CPPO Senior Buyer (970) 221-6777 (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 (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 1 001 of title 1 8 and section 231 of title 31 of the United States Code. (iii The contractor or subcontractor shall make the records required under _ paragraph (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 X 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 ^ Page 11 �- 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 1 1 246, 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 Page 12 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. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 U.S.C.O 827 -333 (1995) 29 C.F.R.0 5 (1995) 29 C.F.R.0 1926 (1995) Pursuant to Section 102 (Overtime): (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 therefor 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 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 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 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 this section. Page 13 (5) 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. Section 107 (OSHA): Contract Work Hours and Safety Standards Act (i) The Contractor agrees to comply with section 107 of the Contract t Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction " 29 C.F.R. Part 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. (ii) Subcontracts - The Contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor' if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. COPELAND ANTI -KICKBACK ACT 40 U.S.C. 0 276c (1995) 29 C.F.R. 0 3 (1995) 29 C.F.R. 0 5 (1995) 3.1 of the Copeland Act makes it clear that the purpose of the Act is to assist in "the enforcement of the minimum wage provisions of the Davis- Bacon Act." In keeping with this intent DOL has Page 14 included a section on the Copeland Act in the mandatory language of the Davis -Bacon .. provisions. The language can be found at 05.5(a)(5) of the Davis -Bacon model clauses and reads as follows: 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. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C.5307 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.0 3801 et seq. 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.0 5307, the Government reserves the right to impose the penalties of 18 U.S.C.0 1001 and 49 U.S.C.0 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. TERMINATION 49 U.S.C. Part 18 FTA Circular 4220.1 D a. Termination for Convenience (General Provision) The City of Fort Collins may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Page 15 .w 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 the City of Fort Collins to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Fort Collins, the Contractor will account for the same, and dispose of it in the manner the City of Fort Collins directs. b. Termination for Default [Breach or Cause] (General Provision) 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 City of Fort Collins 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 City of Fort Collins 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 City of Fort Collins, 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 City of Fort Collins 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 the City of Fort Collins' satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (1 0) days] after receipt by Contractor or written notice from the City of Fort Collins setting forth the nature of said breach or default, the City of Fort Collins 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 the City of Fort Collins from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City of Fort Collins elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City of Fort Collins shall not limit the City of Fort Collins's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. f. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins Page 16 shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the City of Fort Collins, protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and the City of Fort Collins shall agree on payment for the Preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City of Fort Collins. g. 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 City of Fort Collins may terminate this contract for default. The City of Fort Collins 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 changed 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 [1 01 days from the beginning of any delay, notifies the City of Fort ^ Collins in writing of the causes of delay. If in the judgment of the City of Fort Collins, the delay is excusable, the time for completing the work shall be extended. The judgment of the City of Fort Collins 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. h. Termination for Convenience or Default (Architect and Engineering) The City of Fort Collins may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless -the notice directs otherwise), and Page 17 (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an Equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. L Termination for Convenience of Default (Cost -Type Contracts) The City of Fort Collins may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the City of Fort Collins or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the City of Fort Collins, or property supplied to the Contractor by the City of Fort Collins. If the termination is for default, the City of Fort Collins may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Fort Collins and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the City of Fort Collins, the Contractor shall be paid its Contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the Work performed up to the time of termination. If, after serving a notice of termination for default, the City of Fort Collins determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the City of Fort Collins, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)49 CFR Part 29 Executive Order 12549 Instructions for Certification 1. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City of Fort Collins may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the City of Fort Collins if at any time the prospective lower tier participant learns that its certification was Page 18 erroneous when submitted or has become erroneous by reason of changed circumstances. .- 4. The terms "covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered transaction," :"participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions — and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact the City of Fort Collins for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City of Fort Collins. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower.,tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous, A participant may decide the method and frequency by which it determines the eligibility of its — principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. 8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. — 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is — suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the City of Fort Collins may pursue available remedies including suspension and/or debarment. "Certification Regarding Debarment Suspension Ineligibility and Voluntary Exclusion - - Lower Tier Covered Transaction" (1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49 C.F.R.0 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. PRIVACY ACT 5 U.S.C. 552 When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor Page 19 and their contracts at every tier. (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C.0 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. CIVIL RIGHTS REQUIREMENTS 29 U.S.C.0 623, 42 U.S.C.0 2000 42 U.S.C.0 6102, 42 U.S.C.0 12112 42 U.S.C.0 12132, 49 U.S.C.0 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. 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.0 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 0 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C.0 12132, and Federal transit law at 49 U.S.C.0 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 VI I of the Civil Rights Act, as amended, 42 U.S.C.0 2000e, and Federal transit laws at 49 U.S.C.0 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 = ., (which implement .Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 1 1 246 Relating to Equal Employment Opportunity," 42 U.S.C.0 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.0 623 and Federal transit law at 49 U.S.C.0 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In Page 20 CONTRACT DOCUMENTS TABLE OF CONTENTS Section BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Major Subcontractors CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release(Contractor) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment FEDERAL FORMS SPECIAL PROVISIONS SPECIFICATIONS Pages 00020-1 - 00020-2 00100-1 - 00100-9 00300-1 - 00300-3 00400-1 00410-1 - 00410-2 00420-1 - 00420-3 00430-1 00500-1 00510-0 00520-1 - 00520-6 00530-1 00600-1 00610-1 - 00610-2 00615-1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00660-1 00670-1 - 00670-2 00700-1 - 00700-34 GC -Al - GC-A2 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-2 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.0 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. BREACHES AND DISPUTE RESOLUTION. 49 CFR Part 18 FTA Circular 4220.1 D Pick applicable clause: Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City of Fort Collins's [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor _ shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by the City of Fort Collins, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City of Fort Collins and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually ^ agree, or in a court of competent jurisdiction within the State in which the City of Fort Collins is located. and remedies available thereunder shall be in addition to and. not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City of Fort Collins, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. '- PATENT AND RIGHTS IN DATA 37 CFR Part 401 49 CFR Parts 18 and 19 The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FTlk is governed by Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's Page 21 purposes for awarding research grants. This model clause, with larger rights ,as a standard, is proposed with the understanding that this standard could be modified to FTA's needs. CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK. A. Rights in Data - This following requirements apply to each contract involving experimental, developmental or research work: (1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R.O 18.34 and 49 C.F.R.0 19.36, the Federal Government reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)I and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Page 22 Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser — and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the _ Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause , provided that the Purchaser. or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status i.e. , a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit — Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. — B. Patent Rights - This following requirements apply to each contract involving experimental, developmental, or research work: (1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the Page 23 �� necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, 'Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23 DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to as DOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in 409 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard, all grantees and vendors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that the DBE have the maximum opportunity and shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. Disadvantaged Business Enterprise Provision The Federal Fiscal Year goal has been set by the City of Fort Collins in an attempt to match projected procurements with available qualified disadvantaged businesses. the City of Fort Collins goals for budgeted service contracts, bus parts, and other material and supplies for Disadvantaged Business Enterprises have been established by the City of Fort Collins as set forth by the Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent to any contract resulting from this request for proposal. If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and good faith efforts to involve DBEs in the work provided, the City of Fort Collins may declare the Contractor noncompliant and in breach of contract. If a goal is not stated in the Special Specifications, it will be understood that no specific goal is assigned to this contract. (a) Policy - It is the policy of the Department of Transportation and the City of Fort Collins that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended in Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, shall have the maximum opportunity to participate in the performance of Contract financed in whole or in part with federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, apply to this Contract. The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with federal funds provided under this Agreement. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with the regulations to ensure that DBEs have the maximum opportunity to compete for and perform subcontracts. The Contractor shall not Page 24 discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in ,.. the award and performance of subcontracts. It is further the policy of the City of Fort Collins to promote the development and increase the participation of businesses owned and controlled by disadvantaged. DBE involvement in all phases of the City of Fort Collins procurement activities are encouraged. (b) DBE obligation - The Contractor and its subcontractors agree to ensure that disadvantaged businesses have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under the Agreement. In that regard, all Contractors and subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 as amended, to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. (c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith efforts to involve DBEs in the work provided, the City of Fort Collins may declare the contractor noncompliant and in breach of contract. _ (d) The Contractor will keep records and documents for a reasonable time following performance of this contract to indicate compliance with the City of Fort Collins DBE program. These records and documents will be made available at reasonable times and places for inspection by any authorized representative of the City of Fort Collins and will be submitted to the City of Fort Collins upon request. (e) the City of Fort Collins will provide affirmative assistance as may be reasonable and necessary to assist the prime contractor in implementing their programs for DBE participation. The assistance may include the following upon request: • Identification of qualified DBE * Available listing of Minority Assistance Agencies * Holding bid conferences to emphasize requirements 2. DBE Program Definitions, as used in the contract: .. (a) Disadvantaged business "means a small business concern": i. Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ii. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. or iii. Which is at least 51 percent owned by one or more women individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one or more women individuals; and iv. Whose management and daily business operations are controlled by one or more women individuals who own it. (b) "Small business concern" means a small business as defined by Section 3 of the Small Business Act and Appendix B - (Section 106(c)) Determinations of Business Size. Page 25 (c) Socially and economically disadvantaged individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and States (or lawfully admitted permanent residents) and who are black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans, or women, and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act. i. "Black Americans", which includes persons having origins in any of the Black racial groups of Africa; ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; iii. "Native Americans', which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; iv. "Asian -Pacific Americans", which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of Pacific, and the Northern Marianas; V. "Asian -Indian Americans", which includes persons whose origins are from India, Pakistan, and Bangladesh. INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. PROHIBITED INTEREST No employee, officer, or agent of the grantee shall participate in selection, or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such conflict would arise when: The employee, officer or agent; any member of his immediate family; his or her partner; or an organization which employs, or is about to employ, has a financial or other interest in the firm selected for award. The grantee's officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties of subagreements. Page 26 Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 _ Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 CFR Part 661. Date Signature Company Name Title Page 27 -- Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all Bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Non -Compliance with 49 U.S.C. 53230)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1), but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7. Date Signature Company Name Title Page 28 Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements _ (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection. with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, — amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for — making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit — Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with — Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)] (3) The undersigned shall require that the language of this certification be included in the — award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C.0 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be — subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails — to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, certifies or affirms the — Truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this _ certification and disclosure, if any. Signature of Contractor's Authorized Official Date Name and Title of Contractor's Authorized Official — Page 1 Federal -Aid Project No: STE M455-061 July 15, 2003 Project Code No: 14099 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Section 250 of the Standard Specifications is hereby revised for this project as follows: Subsection 250.01 shall include the following: The contract work area was inspected for contaminants by Walsh Environmental Scientists and Engineers, LLC. Their report is available for review at Walsh Environmental, 2629 Redwing Road, Suite 280, Fort Collins, CO 80526. Or, contact the City of Fort Collins Operations Services Department. Steve Seefeld, CCCA, Facilities Project Manager (970)221-6227. (1.) The Walsh findings indicate the presence of asbestos in the form of a white paper - like heating duct insulation. The material is friable and the approximate quantity is 50 square feet. The City of Fort Collins will mitigate the site by completely removing all asbestos containing materials from the contract scope work area. The removal process is scheduled to be completed by August 7, 2003. No work will commence on the Trolley Car Barn Interior Rehabilitation Project until after the site has been mitigated, cleared and declared safe. (2.) The Walsh environmental inspection also revealed the presence of lead based paint (LBP). All interior painted components in each room of the structure (work area) were evaluated for LBP. During renovation associated with this contract, the Contractor will comply with requirements set forth in the Code of Federal Regulations, OSHA Construction Industry Standard for Lead (29 CFR 1926.62) and Section 250 of the CDOT Standard Specifications for Road and Bridge Construction when renovation activities directly impact LBP-containing materials. The Contractor will have sole responsibility for LBP mitigation on this project. City of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS ADDENDUM No. 2 TROLLEY BARN INTERIOR REHABILITATION SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid #5804 Trolley Barn Interior Rehabilitation OPENING DATE: September 2, 2003, 3:00p.m. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Davis Bacon GENERAL DECISION C0030008 08/15/03 C08 General Decision Number C0030008 08/15/2003 Superseded General Decision Number: C0020008 State: Colorado Construction Type: Building County: Larimer County in Colorado. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) Modification Number Publication Date 0 06/13/2003 1 08/15/2003 ASBE0028-001 01 /01 /2003 Rates Fringes Asbestos Workers/Insulator (Includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) .................... $ 18.57 5.95 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 SECTION 00020 INVITATION TO BID Federal -Aid Project No: STE M455-061 Project Code: 14099 July 15, 2003 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS FT. COLLINS RAILWAY CAR BARN The 1999 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When specifications or special provisions contain both English units and SI units, the English units apply and are the specification requirement. PROJECT SPECIAL PROVISIONS Page Index Pages 1-2 Contract Goal (Combined) 3 Revision of Section 250 - Environmental, Health and Safety Management 4 Force Account Items 5 M+iI Federal -Aid Project No: STE M455-061 July 15, 2003 Project Code: 14099 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS FT. COLLINS RAILWAY CAR BARN STANDARD SPECIAL PROVISIONS Date No. of Pages Revision of Section 101-Holidays (May 31, 2001) 1 Revision of Sections 101 and 108 — Workplace Violence (March 15, 2002) 1 Revision of Section 103 — Contract Bonds (Nov. 5, 1999) 1 Revision of Section 108 — Subletting of Contract (Sept. 6, 2002) 1 Revision of Section 109 — Partial Payments (Oct. 5, 2000) 2 Affirmative Action Requirements — Equal Employment Opportunity (July 21, 1999) 10 Disadvantaged Business Enterprise — Definitions and Requirements (Dec. 20, 2002) 10 Minimum Wages Colorado, U.S. Department of Labor General Decision Number CO030008, Building, Statewide (June 13, 2003) 3 On the Job Training (Dec. 20, 2002) 4 Required Contract Provisions — Federal -Aid Construction Contracts (July 21, 1999) 10 Special Notice to Contractors (Jan. 17, 2003) 4 2 Federal -Aid Project No: STE M455-061 July 15, 2003 Project Code: 14099 CONTRACT GOAL (COMBINED) The Department has determined that Underutilized Disadvantaged Business Enterprises (UDBEs) will participate — by contracting for a part of the work of this Contract. The contract goal for participation in this Contract by certified DBEs who have been determined to be underutilized has been established as follows: UDBE8` 0 Percent The percentage will be calculated from proposals received for this project according to the following formula: *Dollar amount of work to be contracted to underutilized DBEs (UDBEs) Percentage= 100 X ------------------------------------------------------------------------------------ Total dollar amount of the original Contract * Based on DBE contract unit prices rather than prime contract unit prices. 8'All DBEs will be considered to be UDBEs. NOTE: Specific Good Faith Efforts required to meet the Contract Goal specified above are defined in the Standard Special Provisions. In addition, the Transportation Commission has determined an overall 10.93% annual goal for the participation of all DBEs. 3 4Y1 Federal -Aid Project No: STE M455-061 July 15, 2003 Project Code No: 14099 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Section 250 of the Standard Specifications is hereby revised for this project as follows: Subsection 250.01 shall include the following: Federal -Aid Project No: STE M455-061 July 15, 2003 Project Code: 14099 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Division's estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor. Estimated Force Account Item Quantity Amount F/A OJT Colorado Training Program F.A. $ 100 5 �-N M�YI May 31, 2001 REVISION OF SECTION 101 HOLIDAYS Section 101 of the Standard Specifications is hereby revised for this project as follows: Subsection 101.32, first paragraph, shall include the following: Cesar Chavez Day In subsection 101.32, delete the second paragraph and replace with the following: When New Year's Day, Cesar Chavez Day, Independence Day, or Christmas Day falls on a Sunday, the following Monday shall be considered a holiday. When one of these days falls on a Saturday, the preceding Friday shall be considered a holiday. March 15, 2002 REVISION OF SECTIONS 101 AND 108 WORKPLACE VIOLENCE Sections 101 and 108 of the Standard Specifications are hereby revised for this project as follows: Add subsection 101.86 as follows: 101.86 Workplace Violence. Workplace violence is conduct in the workplace against employees, employers, or outsiders committed by persons who either have an employment related _. connection with CDOT, or is a contractor working on a CDOT project. This conduct includes: (1) Physical acts against persons or their property, or against CDOT or Contractor property that _ are perceived to be harmful or threatening. (2) Veiled or direct verbal threats, profanity, or vicious statements or gestures that are meant to harm or create a threatening or intimidating work environment. (3) Written threats, profanity, vicious cartoons or notes that are meant to create a threatening or intimidating environment _ (4) Any other acts that are perceived to be threatening or intended to injure or convey hostility. Add subsection 108.051, immediately following subsection 108.05, as follows: Any representative or employee of the Contractor, or any subcontractor, who commits an act of workplace violence on the project shall be sanctioned as provided by the Contractor's employment policies and, where appropriate, shall be reported to law enforcement authorities. At the request of either the Contractor or the Engineer, the Engineer and the Contractor shall meet to discuss appropriate actions to be taken against the representative or employee. Appropriate action may include removing the representative or employee from the project. If removal is warranted and the Contractor fails to remove the representative or employee, the Engineer may suspend the work by written notice until compliance is achieved. _ REVISION OF SECTION 103 CONTRACT BONDS November 5, 1999 Section 103 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 103.03 and replace with the following: 103.03 Requirement of Contract Bonds. At the time of the execution of the Contract, the successful bidder shall furnish a Contract Payment Bond and a Contract Performance Bond. Each bond shall be in a penal sum equal to the nearest integral one hundred dollars in excess of the sum of the original bid items plus all force account items specified in the project special provisions to be included in the payment and performance bonds. The bonds and the security shall be acceptable to the Department. September 6, 2002 REVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.01, delete the second paragraph and replace with the following: The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the original total cost of bid items. Any items _ designated in the contract as "specialty items" may be peformed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the original total cost of bid items before computing the amount of work required to be performed by the Contractor's own organization. _ October 5, 2000 t REVISION OF SECTION 109 PARTIAL PAYMENTS Section 109 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 109.06(a) and replace with the following: (a) Standard Amount Retained. The Department will make a deduction from the progress estimate in the amount considered necessary to protect the interests of the State, pursuant to Section 24-91-103, CRS. The amount to be retained will be 1.5 percent of the value of the completed work on items which are performed solely by the Contractor's own forces, exclusive of mobilization and payments for materials on hand. No retainage will be withheld from payment for completed work on items which are partially or completely subcontracted. No further amount will be retained if the Contractor makes satisfactory progress in the Contract work. The amount retained will be in effect until such time as final payment is made, with the following exception which requires the Contractor's written request and consent of the Surety: Upon completion and acceptance of the project, after the project quantities are finalized, and the Contractor has submitted all necessary forms the Department requires for project completion, the Engineer may make reduction in the amount retained. Subsection 109.06 shall include the following: (e) Prompt Payment. The Contractor shall pay subcontractors and suppliers for 100 percent of all work which has been satisfactorily completed within seven calendar days after receiving payment for that work from the Department. For the purpose of this section only, work shall be considered satisfactorily complete when the Department has made payment for the work. A determination that all the subcontractor's work is satisfactorily complete and payment for 100 percent of the work does not relieve the Contractor or subcontractor from any contractual obligations. The Contractor shall not withhold retainage from payments to subcontractors or suppliers. The Contractor shall include in all subcontracts a provision that this requirement for prompt payment and prohibition of retainage from payments to subcontractors and suppliers must be included in all subcontracts at every tier. If the Contractor fails to comply with this provision the Engineer will not authorize further progress estimates until the required payments have been made and the Contractor agrees to make payments as specified. (f) Good Cause Exception. If the Contractor has "good cause" to delay or withhold a subcontractor's progress payment, the Contractor shall notify the Department and the subcontractor in writing within seven calendar days after receiving payment from the Department. The notification shall specify the amount being withheld and provide adequate justification for withholding the payment. The notice shall also clearly state what conditions the subcontractor must meet to receive payment. "Good cause" shall include but not be limited to the failure of the subcontractor to make timely submission of required paperwork Add subsection 109.11 which shall include the following: 109.11 Compensation for an Overpayment for a Subcontracted Item on a Progress Estimate. If the Department makes an overpayment on a progress estimate for work which has been done by a subcontractor, and if the Contractor pays the subcontractor for this erroneous quantity and can not recover the amount of the overpayment, the Department may compensate the Contractor for the amount of the overpayment. Compensation will be made if the following conditions are met: (a) The Department has corrected the overpayment and reduced the amount paid to the Contractor. (b) All work by the subcontractor has been completed and the Contractor owes no money to the subcontractor when the overpayment is discovered. If money is owed at the time the overpayment is discovered, the Contractor shall deduct the amount of the overpayment before making final payment to the subcontractor. SECTION 00020 INVITATION TO BID Date: July 29, 2003 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 August 26, 2003, for the TROLLEY BARN INTERIOR REHABILITATION; Bid No. 5804. 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 rehabilitation of the northwest portion of the Trolley Car Barn. Work consists of, but is not limited to, rebuild and new finishes for office, file room, bathroom, and corridor. Rehabilitate or install new reproduction windows and doors, upgrade HVAC system, plumbing, and electrical. Install new concrete floor, install new ---4" water service line from curb stop into building. This project is Federal funded and includes all Federal and CDOT requirements. The UDBE goal is 0%. 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. Contract Documents will be available August 1, 2003. Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be obtained from Purchasing Division at 215 North Mason St., 2nd floor, Fort Collins, Colorado, 80521 upon payment of a refundable fee of twenty- five dollars ($25.00) per set. No partial sets will be issued. The Contract Documents and Construction Drawings may be examined at: 1. City of Fort Collins, Purchasing Division. 2. The Daily Journal, 2000 S. Colorado Blvd. Suite 2000, Denver, Colorado. 3. CMD Denver Plan Room, 8878 Barrons Blvd., Highlands Ranch, Colorado 4. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. S. The Plan Room, 2176 South Jasmine St. Door "E"/Suite 219, Denver, Colorado. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 a.m. on August 12, 2003, at 330 N. Howes Street, Fort Collins, Colorado. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Bids will be received as set forth in the Bidding Documents. 07/2001 Section 00020 Page 1 October 5, 2000 2 REVISION OF SECTION 109 PARTIAL PAYMENTS (c) The Contractor has made all reasonable efforts to recover the overpayment amount and has been unsuccessful. The Contractor shall provide documentation detailing its efforts. After compensation by the Department for the overpayment, the Contractor shall return to the Department all of this overpayment subsequently recovered from the subcontractor. 9 1 July 21, 1999 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY A. AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: Geata anti Timafahln f... 1:�:.....:►..::►:::. ►: Timetable - Until v14%y wtoll p►1V:1 Further Notice Economic Standard Metropolitan Counties Goal Area Statistical Area SMSA Involved 157 2080 Denver -Boulder Adams, Arapahoe, Boulder, Denver, (Denver) Douglas, Gilpin, Jefferson ................... 13.8% 2670 Fort Collins Larimer................................................ 6.9% 3060 Greeley Weld .................................................... 13.1% Non SMSA Counties Cheyenne, Clear Creek, Elbert, Grand, Kit Carson, Logan, Morgan, Park, Phillips, Sedgwick, Summit, Washington & Yuma ............................ 12.8% 158 1720 Colorado Springs EI Paso, Teller ..................................... 10.9% (Colo. Spgs. - 6560 Pueblo Pueblo............... .. ................................ 27.5% Pueblo) Non SMSA Counties Alamosa, Baca, Sent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln, Mineral, Otero, Prowers, Rio Grande, Sa uache........ 19.0% 159 Non SMSA Archuleta, Delta, Dolores, Eagle, (Grand Junction) Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel 10.2% 156 (Cheyenne - Non SMSA Jackson County, Colorado .................. 7.5% Casper WY) GOALS AND TIMETABLES FOR FEMALE UTILIZATION Until Further Notice ............. ... ........................... ....... ....... .............. .......... ....................... ..............6.9% -- Statewide July 21, 1999 2 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractor's construction work (whether or not it is Federal or ^ federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor ^ also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the geographical area where the contract resulting form this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the -- contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract ^ Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this specification, and in the contract resulting from this solicitation, the "covered area" is the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govern. July21, 1999 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; C. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall . apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. July21, 1999 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. — 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance. with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, *and shall implement affirmative action steps at least as extensive as the following; a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, — where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with — specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the — Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. - c. Maintain a current file of the names, addresses and telephone numbers of each minority and female — off -the -street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union with which the Contractor has a — collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management ._ personnel and with all minority and female employees at least once a year, and by posting the Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 5 July21, 1999 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for Promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single - user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. July 21, 1999 6 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor - union contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications -" provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. - 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even thought the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. — 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. V 13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the — Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee — identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form, however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community - Development Block Grant Program). July 21, 1999 7 �, AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal -Aid highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in.the Required Contract provisions. b. The Contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The Contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program; It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include; 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, preapprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO Officer) who will have the responsibility for an must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum; (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the Contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. July 21, 1999 8 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the Contractor's equal employment opportunity obligations within thirty days following their reporting _ for duty with the Contractor. (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the Contractor's procedures for locating and hiring minority group employees. b. In order to make the Contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the Contractor will take the following actions: (1) Notices and posters setting forth the Contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the Contractor will include in all advertisements for employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, .— colleges and minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the r Contractor for employment consideration. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the Contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the Contractor to do the same, _ such implementation violates Executive Order 11246, as amended.) c. The Contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. . r In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. '6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed; .� a. The Contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. .a 9 July21, 1999 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. c. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. S. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or thorough a contractor's association acting as agent will include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. _ No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority _ concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited 07/2001 City of Fort Collins ing/Risk Management Director Section 00020 Page 2 July 21, 1999 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. _ Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal -- employment opportunity obligations. 10. Records and Reports. a. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the Contractor will be designed to indicate: (1) The number of minority and nonminority group members and women employed in each work classification on the project. (2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force). (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work -' and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The Contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR 1391. December 20, 2002 -1- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (a) Definitions and Procedures For this project, the following terms are defined: 1. Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being: A. At least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and B. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. C. Socially and economically disadvantaged individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is: (1) Any individual whom the Colorado Department of Regulatory Agencies Office of Certification finds to be a socially and economically disadvantaged individual. (2) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: a. Black Americans, which includes persons having origins in any of the Black racial groups of Africa; b. "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; c. "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; d. "Asian -Pacific Americans, which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; e. Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; I. "Women", which means females of any ethnicity g. "Other," which means any additional groups whose members are designated as socially and economically disadvantaged by the Small Business Administration (SBA), at such time as the SBA designation becomes effective and/or individuals who have been determined to be socially and economically disadvantaged based on the criteria for social and economic disadvantage. 2. Underutilized DBE (UDBE). A firm which meets the definition of DBE above and is eligible to meet the contract goal as defined in the project special provision titled "Contract Goal 3. DBE Joint Venture. Joint venture means an association of a DBE firm and one or more other firms to carry out a single, for -profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. December 20, 2002 -2- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS A DBE joint venture must be certified as a joint venture by the Business Programs Office at CDOT. A. For those projects set -aside for bidding by UDBEs only; all of the partners in a joint venture must be UDBEs and certification of the joint venture will not be required. B. For all projects other than the set -aside projects discussed in A. above; one of the partners in a joint venture must be a DBE. The DBE percentage of the joint venture will be determined at the time of certification. 4. Contract Goal. The goal for UDBE participation that the Department determines should appropriately be met by the successful bidder. Contract goal will be the percentage stated in the invitation for bids and in the project special provisions. Successful bidders that are awarded a Contract based on good faith efforts shall continue to make good faith efforts through the period of time that work on the project is in — process, to provide for additional UDBE participation toward meeting the goal. 5. Good Faith Efforts. It is the obligation of the bidder to make good faith efforts to meet the contract goal prior to the bid opening. The bidder can demonstrate that it has done so either by meeting the contract goal or by documenting good faith efforts made. The apparent low bidder shall report all efforts made including but not limited to the efforts required on CDOT Form No. 718. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain UDBE participation sufficient to meet the DBE contract goal. In determining whether a bidder has made good faith efforts, CDOT may take into account the performance of other bidders in meeting the contract. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, CDOT may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average UDBE participation obtained by other bidders, CDOT may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. The DBE Program manager in the Business Programs Office is responsible for determining whether a bidder who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsible. The manager will ensure that all information is complete and accurate and adequately documents the bidder's good faith efforts before CDOT commits to the performance of the contract by the bidder. The DBE Program manager will notify the apparent low bidder by fax regarding any deficiencies in the documentation and effort demonstrated by the bidder. This fax will include the DBE Program manager's recommendation to the DBE Liaison Officer regarding whether the good faith effort demonstrated was sufficient for the bidder to be regarded as responsible. If the bidder may be regarded as responsible but with minor deficiencies in its good faith effort, the bidder will be expected to correct any deficiencies noted prior to bidding on other CDOT projects. Within 5 working days of being informed by CDOT that it is not a responsible bidder because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration from the Good Faith Efforts (GFE) Committee, which will not have played any role in the original determination that the bidder did not document sufficient good faith efforts. The bidder should make this request in writing to: Good Faith Efforts Committee C/O Manager, Center for EO 4201 E. Arkansas Avenue, Denver, CO 80222 Phone: 303-757-9234 Fax: 303-757-9019 As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. The bidder will also have the opportunity to meet in person with CDOT's GFE December 20, 2002 -3- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS Committee to discuss the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. CDOT will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts prior to the bid opening to do so. The GFE Review Committee will make a recommendation to the DBE Liaison Officer. The DBE Liaison Officer will review the good faith efforts documentation and the recommendation of the GFE Review Committee, determine whether the required efforts are sufficient for award and notify the Chief Engineer of this finding. The Chief Engineer will make the final decision regarding award. There will be no administrative appeal of the Chief Engineer's decision. If award of the Contract is made based on the Contractor's good faith efforts, the goal will not be waived. The Contractor will be expected to continue to make good faith efforts as described below throughout the duration of the Contract. To demonstrate Good Faith Efforts to meet the Contract goal throughout the performance of the Contract, the Contractor shall document to the Department the steps taken including, but not limited to the following: A. Seek out and consider UDBEs as potential subcontractors. (1) Contact two or more UDBEs for each category of work that is being subcontracted. (2) Affirmatively solicit their interest, capability, and price quotations. (3) Provide equal time for all prospective subcontractors to prepare their proposals. (4) Provide at least as much time to UDBEs in assisting them to prepare their bids for subcontract work as to non UDBE subcontractors. (5) Award subcontracts to UDBEs where their quotations are reasonably competitive with other quotations received. B. Maintain documentation of UDBEs contacted and their responses. (1) Maintain a list of UDBEs contacted as prospective subcontractors. (2) Maintain thorough documentation of criteria used to select each subcontractor. (3) Where a UDBE expressed an interest in a subcontract and made a quotation, and where the work was not awarded to a UDBE, furnish a detailed letter explaining the reasons. (b) Certification as a DBE by the Department I. Any contractor may apply to the Department of Regulatory Agencies (DORA) for status as a DBE. Application shall be made on forms provided by the DORA for certification of DBEs. Application need not be made in connection with a particular bid. Only work contracted to UDBE contractors or subcontracted to UDBEs and independently performed by UDBEs shall be considered toward contract goals as established elsewhere in these specifications. 2. It shall be the Contractor's responsibility to submit applications so that the DORA has sufficient time to render decisions. The DORA will review applications in a timely manner but is not committed to render decisions about a firm's DBE status within any given period of time. 3. The Department will publish a monthly list of DBE contractors, vendors and suppliers for the purpose of providing a reference source to assist any bidder in identifying DBEs and UDBEs. Bidders will be solely responsible for verifying the Certification of DBEs they intend to use prior to submitting a proposal. The Business Programs Office in the Center for Equal Opportunity will maintain a current list of eligible DBEs and UDBEs. 4. Bidders shall exercise their own judgments in selecting any subcontractor to perform any portion of the work. 5. Permission for a DBE/non-DBE joint venture to bid on a specific project may be obtained from the Department based on information provided by the proposed joint venture on CDOT Form No. 893, December 20, 2002 -4- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS "Information For Determining Joint Venture Eligibility". Joint applications should be submitted well in advance of bid openings. (c) Bidding Requirements All bidders shall submit with their proposals a fully executed CDOT Form No. 714 including a list of the names of their UDBE subcontractors to meet the contract goal. The apparent low bidder shall submit a ^- fully executed CDOT Form No. 715 for each UDBE used to meet the contract goal (sample attached) no later than 4:00 p.m. on the day after the date of bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT Form No. 715 may be submitted by FAX, at Fax number (303)757- 9019, with an original copy to follow. In addition, the apparent low bidder shall submit written confirmation from every UDBE used to meet the contract goal that it is participating in the contract as provided in the prime contractor's commitment. If the contract goal is not met, the apparent low bidder shall submit a CDOT form No. 718 and evidence of good faith efforts no later than 4:00 on the day -- following the bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT Form NO. 718 may be submitted by FAX, at Fax number (303)757-9019, with an original copy to follow. A copy of CDOT Form No. 718 is incorporated into this specification. _ 2. The award of Contract, if awarded, will be made to the lowest responsible bidder that will meet or exceed the contract goal or, if the goal will not be met, is able to demonstrate that good faith efforts were made to meet the goal. Good faith efforts are explained in (a)4 of this special provision. 3. The use of the UDBE firms named on CDOT Form No. 714 or on a CDOT Form No. 715, for the items of work described, is a condition of award. The replacement of a named UDBE firm will be allowed only as provided for in (a) of this special provision. Failure to comply will constitute grounds for default and termination of the Contract. 4. Contractor's DBE Obligation. The prime Contractor bidding on construction projects advertised by the Department agrees to ensure that Disadvantaged Business Enterprises (DBEs), as defined in this special provision, have the maximum opportunity to participate in the performance of contracts or subcontracts financed in whole or in part with Federal or State funds. The prime Contractor shall not discriminate on the basis of race, color, national origin, or sex in the bidding process or the performance of contracts. To ensure that UDBEs are offered maximum opportunity to participate in the performance of contracts, it is the responsibility of the prime Contractor to offer and to provide assistance to UDBEs related to the �. UDBE performance of the subcontract. However, the UDBE must independently perform a commercially useful function on the project. (d) Counting DBE Participation Toward Contract Goals and CDOT's annual DBE goal 1. Once a firm has been certified as a DBE the total dollar amount of the contract awarded to the firm shall be counted toward CDOT's annual DBE goal and the contract goal as explained below, and as modified for the project in the project special provisions titled "Contract Goal. 2. The actual dollar total of a proposed subcontract, supply or service contract with any DBE firm shall be reported to the Department using CDOT Form No. 713. A CDOT Form No. 713 for subcontracts is to be —• submitted with the CDOT Form No. 205 and receipt will be a condition of approval. The eligibility of a proposed DBE subcontractor will be finally established based on the firm's status at the time of CDOT Form No. 205 approval. A CDOT Form No. 713 for a supply or service contract is to be submitted once a contract has been fully executed so the Department will be able to report the DBE participation in a timely manner. The eligibility of a DBE supplier or service firm will be finally established as of the date the CDOT Form No. 713 is received by the Department. A CDOT Form No. 205 is not required for a supply or service contract. December 20, 2002 -5- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS If a firm becomes certified as a DBE during performance under a fully executed contract with CDOT but prior to the DBE performing any work, then 100% of the work performed by the firm under that contract may be claimed as eligible work. 3. The Contractor may count toward its contract goal the percentage of the total dollar amount of a contract with a Department certified joint venture that equals the percentage of the ownership and control of the UDBE partner in a joint venture. 4. A. The Contractor may count toward its contract goal only that percentage of expenditures to UDBEs which independently perform a commercially useful function in the work of a contract. A DBE is considered to be performing a commercially useful function by actually performing, managing, and supervising the work involved. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, work performed solely by the DBE, industry practices, and other relevant factors. B. A DBE may enter into subcontracts consistent with normal industry practices. If a DBE contractor subcontracts over 51 % of the work of the Contract the DBE shall be presumed not to be performing a commercially useful function. The DBE may present evidence to rebut this presumption to the Department. 5. The Contractor may count toward its contract goal the percentage of expenditures for materials and supplies obtained from UDBE suppliers (regular dealers) and manufacturers, provided that the UDBEs assume the actual and contractual responsibility for and actually provide the materials and supplies. A. The Contractor may count 100 percent of its expenditures to a UDBE manufacturer. A DBE manufacturer is a certified firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor. B. The Contractor may count 60 percent of its expenditures to UDBE suppliers that are not manufacturers, provided that the DBE supplier performs a commercially useful function in the supply process. A DBE supplier is a certified firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the Contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a supplier the firm must engage in, as its principal business and in its own name, the purchase and sale of the products in question. A supplier in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the meaning of this section. C. The Contractor may count toward its contract goal the following expenditures to UDBE firms that are not manufacturers or suppliers: (1) The fees or commissions charged for. providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (2) The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a supplier of the materials and supplies, provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (3) The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract, provided that the fee or commission is determined by the December 20, 2002 _ -6- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 6. To determine the goals achieved under this Contract the participation as described in (d) of this special provision shall be divided by the original prime Contract amount and multiplied by 100 to determine the percentage of performance. The Contractor shall maintain records of payment that show amounts paid to all DBEs. Upon completion of the project, the Contractor shall submit a CDOT Form No. 17 listing all DBEs that participated in this Contract, the subcontract tier number of each, and the dollar amount paid to each. This dollar amount shall include payments made by nonDBE subcontractors to DBE subcontractors. The Contractor shall certify the amount paid, which may be audited by the Department. When there is no participation by DBEs, the Contractor shall submit a CDOT Form NO. 17 that indicates no participation and gives reasons why there was no participation. CDOT will not count the participation of a DBE subcontractor toward the prime contractor's UDBE achievements or CDOT's overall DBE goal until the amount being counted toward the goal has been paid to the DBE. (e) Replacement of UDBE Subcontractors used to meet the contract goal Based upon a showing of good cause the Contractor may request that a UDBE named on CDOT Form No. r 714 or on a CDOT Form No. 715 be replaced with another UDBE pursuant to the terms and conditions of this special provision. In the event that the Contractor is able to both document the need and to offer a replacement UDBE who can perform the work at a reasonable cost, the Department will approve the replacement at no additional cost to the Department. Replacements will be allowed only with prior written approval of the Department. 1. If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute the work under a fully executed subcontract, the Contractor shall furnish to the Department the following: A. Written permission of the named UDBE. Written permission may be waived only if such permission cannot be obtained for reasons beyond the control of the Contractor. B. A full written disclosure of the circumstances making it impossible for the Contractor to comply with the condition of award. C. Documentation of the Contractor's assistance to the UDBE named on CDOT Form No. 714 or on CDOT Form No. 715. D. Copies of any pertinent correspondence and documented verbal communications between the Contractor and the named UDBE. - E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts. It is within the control of the Contractor to locate, prior to award, DBEs that offer _ reasonable prices and that could reasonably be expected to perform the work. For this reason, increased cost shall not, by itself, be considered sufficient reason for not providing an in -kind replacement. 2. In the event a UDBE subcontractor begins to prosecute the work and is unable to satisfactorily complete performance of the work, the Contractor shall furnish to the Department the following: A. Documentation that the subject UDBE subcontractor did not perform in a satisfactory manner. B. Documentation of the Contractor's assistance to the UDBE subcontractor prior to finding the UDBE subcontractor in default. C. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that it cannot complete the work and it is turning the work back to the Contractor. w December 20, 2002 .7- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS D. Copy of the contract between the Contractor and the UDBE subcontractor, plus any modifications thereto. E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts. In the event the Contractor is able to locate a replacement UDBE who can perform work at a reasonable cost to the Contractor, and also demonstrates to the satisfaction of the CDOT that prior to bid it had reason to believe that the named UDBE firm was responsible and not expected to default, the Department may modify or renegotiate the Contract to compensate the Contractor for any reasonable extra costs, because of a higher price in the proposal of the replacement UDBE subcontractor than that of the original UDBE subcontractor who failed to perform. Provided, however, that the Department will not be obligated to participate in any increased cost to the Contractor if the UDBE that fails to perform has a recent history of performance failure(s) or default that was either known, or should have been known, to the Contractor prior to award. 3. If the Contractor is unable to locate a UDBE replacement that is both interested in and capable of performing the work at a reasonable cost, the Department may waive the requirement that the work be performed by a UDBE and the Contractor shall provide for the satisfactory completion of the work at no additional cost to the Department. (f) Sanctions It is the obligation of the Contractor to provide DBE firms with the maximum opportunity to participate in the performance of the work. It is the responsibility of DBE firms to perform their work in a responsible manner fully consistent with the intent of the DBE program, and in substantial compliance with the terms and conditions of these DBE definitions and requirements. DBE firms which fail to perform a commercially useful function as described in subsection (d)4 of these DBE definitions and requirements or operate in a manner which is not consistent with the intent of the DBE program may be subject to revocation of certification. A finding by the Department that the Contractor has failed to comply with the terms and conditions of these DBE definitions and requirements shall constitute sufficient grounds for default and termination of the Contract in accordance with subsection 108.08 of the specifications. Attachments: CDOT Form No. 715 CDOT Form No. 718 COLORADO DEPARTMENT OF TRANSPORTATION Project No.: CERTIFICATE OF PROPOSED UNDERUTILIZED DBE (UDBE) Project Code (SA#): PARTICIPATION Location: Form #: of Prime Contractor — Send completed/signed form to the Business Programs Office (instructions on second page). (NOTE: See 49 CFR part 26.55, and the "DBE - Definitions and Requirements" in the Standard Special Provisions, for further information concerning counting DBE participation of subcontractors, suppliers and service providers toward the project's UDBE goal.) DART i s _ CI IRf'nMTRA( T EXPIRATION ELIGIBLE UDBE SUBCONTRACT NAME OF UDBE FIRM TIER CERTIFICATION # DATE AMOUNT ACTUAL CONTRACT AMOUNT ITEMS OF WORK SUBCONTRACTED: DART 1 h _ CI IPPI V rnMTRACT \ If the supplier is a UDBE "Manufacturer" of the item(s): L '� • ACTUAL UDBE AMOUNT = Entire expenditure for materials and supplies including cogt-df �n jdeHvirser�v as prdVided by the firm • ELIGIBLE UDBE SUPPLY AMOUNT = (ACTUAL UDBE AMOUNT) X 100% r� r", '! gym•. ' ° If the supplier is a UDBE "Regular Dealer" of the item(s): • ACTUAL UDBE AMOUNT = Entire expenditure for materials and supplies melt ing co t of,any delivery services provided by the firm • ELIGIBLE UDBE SUPPLY AMOUNT = (ACTUAL UDBE AMOUtfT] If the supplier is neither a "Manufacturer' nor a "Regular De I e: f i4 items �t/tRT is - SERVICE /BROKER CONTRACT. NAME OF UDBE FIRM CERTIF C IdNt(i •. EX I , A 1 N ACTUAL UDBE ELIGIBLE UDBE SUPPLY AMOUNT AMOUNT MATERIALS SUPPLIED: ( l\ DART 1r _ CMR'V 0-P, / RRf11[5=R t^_AMTRArT Transportation service (tZIng) feeslcommissions are to be counted toward contract goals in this section (provided the trucker is NOT classified as a "Manufacturer" or a "Regular Dealer" for the materials supplied). Examples of other services to include in this section would be brokering, bonding, consulting, security guards, and insurance. For a UDBE "Service/Broker Contract": • ACTUAL UDBE AMOUNT = Entire expenditure for services rendered including cost of any materials/supplies provided by the firm ELIGIBLE UDBE SERVICE FEE AMOUNT =[,(ACTUAL UDBE AMOUNT) — (Cost of any materials and supplies) (NOTE: The amounts that count toward UDBE goals are limited to the compensation retained by the UDBE broker/agent for services rendered, provided the feelcommission is determined by CDOT to be reasonable and not excessive as compared with fees customarily charged for similar services.) NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ACTUAL UDBE ELIGIBLE UDBE SERVICE FEE AMOUNT AMOUNT SERVICES RENDERED: Original — Business Programs Office Previous editions may not be used CDOT Form 715 05/03 ,,, PART 2 - UDBE PARTICIPATinm Ci iMMAiRv A) What is the total dollar value of this proposed subcontract, supply contract, OR service/broker contract that is eligible for counting toward contract goals? (NOTE: Provide in actual subcontractor dollars and not prime contract prices) A> A = [ TOTAL FROM "ELIGIBLE" COLUMNS IN PART 1 ] B) What is the total dollar value of proposed subcontracts that are eligible for counting towards contract goals from prior sheets/forms? B> C) What is the accumulative value of proposed subcontracts that are eligible for counting towards contract goals? C> C=[A + B] D) What is the original contract bid total? p> E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? t`>ti PART 3 — PRIME CONTRACTOR CERTIFICATION certify that: t a t • my company has met the contracted UDBE goals or has Attach'ed'a'>; n[ jdtgd CDOT Form #718, DBE Good Faith Effort Documentation., , • my company has accepted a proposal from jhe UDBE su}sconfrac�ror med above. • my company has notified the proposed,.UOBE isubcontr cfor of the°+ ontracted UDBE commitment. • my company's use of the proposed-y BE{ subcgnt`rabjtorfor fhe items of work listed above is a condition of the contract award. • my company will invite the proppsIOd' BB sdbc'pni?ctorto attend the preconstruction conference. • my company will not use a substitute bB6 subcontractor for the proposed UDBE subcontractor's failure to perform under a fully executed subc9dtracf' ,uklleq�s my b,ottipany complies with the definitions and requirements section of the DBE Special Provisions. ; / e , , �, • I understa/nd,thaf)f l to)corn ,Il witK the information shown on this form will be considered grounds for contract termination. I declare under p4�18�ly of2erjkjy-n the second degree, and any other applicable state or federal laws, that the statements made on this docdt<ne`Wa ¢ true and complete to the best of my knowledge. IPrime Contractor Name: I Date: / / I Officer Signature and Title: f-UKM I Prime Contractor: 6. Retain a photocopy for your records. 1. An officer of the contractor(s) must complete this form. 7. Send original to: 2. Include only DBE firms which meet the underutilized criteria in Colorado Department of Transportation the contract goal specification for this project (i.e., UDBE firms). Business Programs Office 3. Complete ONLY ONE section for Part 1 (1a, 1b, OR 1c) 4201 E. Arkansas Ave. 4. Complete ALL sections of Part 2 and Part 3 Denver, Colorado 80222 5. Submit a separate CDOT Form #715 for EACH proposed UDBE. FAX: (303) 757-9019 may PAGE 2 SECTION 00100 INSTRUCTIONS TO BIDDERS COLORADO DEPARTMENT OFTRANSPORTATION UNDERUTILIZED DBE GOOD FAITH EFFORT DOCUMENTATION Project Location Date The Contractor who is the apparent low bidder on a CDOT construction project and has failed to meet the Underutilized DBE (UDt3E) contract goals shall use this form -to document good faith efforts made to date by said Contractor to attempt to meet these goals. FAILURE TO FULLY COMPLETE THIS FORM MAY RESULT IN REJECTION OF THE BID. Each portion of this form is to be addressed in the space provided, or on supplemental sheets. Attach supporting documentation as required. This completed form and required attachments are to be submitted to the Business Programs Office in the Center for Equal Opportunity prior to 4:00 p.m. on the day after the day bids are opened. This form may be submitted by FAX (303-757-9019) with an original copy to follow. An extension may be granted by the DBE Liaison. Solely at its discretion, CDOT may request additional information and accept additional UDBE participation at any time and prior to the final decision concerning Good Faith Efforts. I. List sufficient bid items (including portions of bid items) identified as subcontract work to be performed by UDBEs to achieve the established UDBE participation goal. Indicate the total percentage of work identified for UDBE participation. The total percentage of subcontract items identified for UDBE participation must equal or exceed the percentage goal established by CDOT. 11. For each subcontract item identified, work and function codes match the typj capable of performing identified subcor telephone log of calls, including , , mail, provide copies of lettors:to UQ�,E subcontracted, and th@ bfd `dat4 Lkill: be available to bidders The Co" t&)Lctt_ Submit a detailed axplartation address 1 1 �ss`y¢y8 You_ fk j h9 Of� F^' t N' s' t�1[ r �t bagail; NX sdYor telephone a minimum of two currently CDOT-certified UDBEs whose wbmg sorted. For projects in areas of the state where there are more than two UDBEs t i, contact at least two tfiirds of those UDBEs. If soliciting by telephone, provide a "pssi0; date, time, name of person contacted, and the response received. If soliciting by their responses. Letters and FAXes must specifically identify the project, the items to be nd"FAXes must provide an address and phone number where specific quantities or details will all provide sufficient time to allow the UDBEs to participate effectively in the bidding process. failure to provide any of the above. 1 I I Original -Business Programs Office, Copy -Contractor editions are obsolete and may not be used CDOT Form #718 3199 Ill. List all UDBE and non-UDBE bidders, bid dollar amounts for each bid item, and the name of the successful bidder. Describe how bid items were broken down to increase opportunities for specific UDBE bidders. If the UDBE bids were rejected, give reasons for each case. Cost alone may not be adequate justification for failure to use a UDBE bid. If the work is to be counted as a potential UDBE subcontract item, the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received. When a non-UDBE bid is significantly lower than a UDBE bid, the Contractor may choose to perform the item itself. Whether a bid is "competitive" or "significantly lower" will be determined by CDOT. Provide a detailed explanation for failure to provide any of the above. IV. The efforts.r determining wtE may be conside providing UDBE �u }3 - Et ... h.. fir.,.. j' CS, . E^ Y eih;arenot exhaustive or exclusive. Other factors or types of efforts may be relevant in appropriate cases. In Faith Efforts have been made, the quantity and intensity of the efforts made as well as kinds of efforts made y additional efforts to increase UDBE contract participation, such as requesting subcontractors to assist with m. Note the results of such efforts. THE CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE GOALS ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFORMANCE OFTHE CONTRACT. .:ompany GENERALDECISIONCO030008 06/13/2n03 CO8 Date: June 13, 2003 General Decision Number CO030008 Superseded General Decision No. C0020008 State: Colorado Construction Type: BUILDING County(ies): LARIMER BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) Modification Number Publication Date 0 06/13/2003 COUNTY(ies): LARIMER ASBE0028A O1/01/2003 Rates Fringes ASBESTOS WORKERS/INSULATORS (Includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) ---------------------------------------------------------------- 18.57 5.95 CARP1001A 05/01/2003 Rates Fringes CARPENTERS (Including Formbuilding and Metal Stud Work) S ---------------------------------------------------------------- 22.10 6.20 CARP2834A 05/01/2003 Rates Fringes MILLWRIGHTS ---------------------------------------------------------------- 24.49 6.66 ELEC0068K 06/01/2002 Rates Fringes ELECTRICIANS (Including Low Voltage Wiring and Installation of Communications Systems, Security Systems, Telephones, and Temperature Controls) ---------------------------------------------------------------- 26.91 8.64 ELEV0025B 01/01/2003 Rates Fringes ELEVATOR CONSTRUCTORS 26.935 9.355+a FOOTNOTE: a. Employer contributes 8% of basic hourly rate for over 5 years' service and 6% basic hourly rate for 6 months' to 5 years' service as Vacation Pay Credit. SEVEN PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Friday after Thanksgiving Day; and Christmas Day. ---------------------------------------------------------------- IRON0024B 08/01/2002 Rates Fringes IRONWORKERS, Structural 22.00 5.75 ------------------------------------------------------------- PAIN0930A 07/01/2002 Rates Fringes GLAZIERS ---------------------------------------------------------------- 25.00 5.55 PLAS0577C 05/01/2003 Rates Fringes CEMENT MASONS/ CONCRETE FINISHERS ---------------------------------------------------------------- 22.80 5.65 PLUM0003A 07/01/2002 Rates Fringes PLUMBERS (Excluding HVAC work) ---------------------------------------------------------------- 26.52 6.64 PLUM0208A 07/01/2002 Rates Fringes PIPEFITTERS (Including HVAC pipe) 26.62 6.54 ------------------------------------------------------------- SHEE0009A 07/01/2002 SHEET METAL WORKERS Rates Fringes (Includes HVAC duct and installation of HVAC systems) 24.94 9.65 ---------------------------------------------------------------- SUC01029A 12/20/2001 Rates Fringes LABORERS, Common 9.56 2.36 ---------------------------------------------------------------- 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 (29 CFR 5.5(a)(1)(ii)). ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. 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, D. C. 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, D. C. 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 �r 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. ... END OF GENERAL DECISION December 20, 2002 1 ON THE JOB TRAINING This training special provision supplements subparagraph 6 of paragraph B and supersedes subparagraph 7b of paragraph C of the Special Provision entitled "Affirmative Action Requirements, Equal Employment Opportunity" and is an implementation of 23 U.S.C. 140 (a). As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided as follows: (a) General Requirements 1. The Contractor shall provide on the job training aimed at developing full journey workers in the type of trade or classification involved. 2. Training and upgrading of minorities and women toward journey worker status are a primary objective of this training special provision. Accordingly, the Contractor shall make every reasonable effort to enroll minority trainees and women (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees) to the extent that such persons are available within a reasonable area of recruitment. The Contractor shall be responsible for demonstrating the steps that were taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this training special provision. This training commitment shall not be used to discriminate against any applicant for training whether a member of a protected class or not. 3. An employee shall not be employed as a trainee in any classification in which the employee has successfully completed a training course leading to journey worker status or in which the employee has been employed as a journey worker. The Contractor shall satisfy this requirement by including appropriate questions (i.e. Have you ever worked as a journeyman in the highway construction industry?) in the employee application or by other suitable means. Regardless of the method used, the Contractor's records shall document the findings in each case. 4. The minimum length and type of training for each classification shall be as established in the training program selected by the Contractor and approved by the Department and the Colorado Division of the Federal Highway Administration (FHWA), or the U. S Department of Labor, Bureau of Apprenticeship and Training (DOL). The Department and the FHWA will approve a program if it is reasonably calculated to meet the Equal Employment obligations of the Contractor and to qualify the average trainee for journey worker status in the classification concerned by the end of the training period. Apprenticeship and training programs will be accepted if registered with the U.S. Dept. of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau. To obtain FHWA approval, the Contractor's training program must be reviewed by the CDOT Business Programs Office OJT Program Manager and approved by the Colorado Division of the FHWA. The Contractor shall allow up to 30 days for FHWA review. The proposed training program shall be submitted by the Contractor to: OJT Program Manager Business Programs Office 4201 East Arkansas Avenue Denver, CO 80222 5. Approved training programs shall provide the trainee with a minimum of 2000 hours of training which includes a minimum of 40 hours of classroom training. Credit for prior classroom or other training may be allowed if such training is relevant to the trainees' current training program requirements. 6. Training is to be provided in the construction crafts rather than clerk -typists or secretarial -type positions. Training is permissible in lower level management positions such as office engineers, estimators, time -keepers, etc., where the training is oriented toward construction applications. Training in the laborer classification may be permitted when significant and meaningful training is provided and it is approved by the FHWA Division office. There will be no reimbursement for offsite training. December 20, 2002 2 ON THE JOB TRAINING 7. The Contractor shall pay the training program wage rates and the correct fringe benefits to each — registered trainee employed on the contract work and currently enrolled in an approved program. The minimum trainee wage shall be the full laborer wage (group 2, outside labor, above ground) on all Davis -Bacon projects. 8. All apprentices or trainees for which the Contractor expects to receive reimbursement must first be registered on the project by submitting a completed CDOT Form 838. This form must then be reviewed and approved by the CDOT Region Equal Employment Opportunity (EEO)/Civil Rights Specialist before reimbursement will be made. Requests for registration shall be submitted in writing to the Engineer and will be granted when the following information is provided and approved: a. A completed CDOT Form No. 838 for each trainee or apprentice b. Evidence of the approval of the applicable trainee program. c. Evidence of the registration of the trainee into the approved trainee program d. A copy of the current applicable approved training program. 9. Within the first 100 hours of training time completed, the Contractor shall provide each trainee with a review of the training program, pay scale, pension and retirement benefits, health and disability benefits, promotional opportunities, company policies and complaint procedure. The Contractor shall also furnish the trainee a copy of the training program. 10. On a monthly basis, the Contractor shall provide to the Engineer a completed On The Job Training Progress Report (CDOT Form No. 832) for each approved trainee or apprentice on the project. The CDOT Form No. 832 must be reviewed and approved by the CDOT Region Equal Employment Opportunity (EEO)/Civil Rights Specialist before reimbursement will be made. The Contractor will be — reimbursed for each approved apprentice or trainee required by the Department and documented on CDOT Form 832, but not more than the OJT Force Account budget unless approved by the Engineer. Upon completion of training, transfer to another project, termination of the trainee or notification of final acceptance of the project, the Contractor shall submit to the Engineer a "final" completed CDOT Form No. ^ 832 for each approved apprentice or trainee. 11. All forms referred to are available from the Business Programs Office of the Department of Transportation, through the CDOT Region Equal Employment Opportunity (EEO) /Civil Rights Specialist, or on CDOT's website at http://www.dot.state.co.us/Bidding/BidForms.htm 12. The Engineer will provide reimbursement to the Contractor. Payment is based on the number of hours of ' on-the-job training the Contractor provides to the trainee under this Contract and the applicable reimbursement rate. Submission of the CDOT Form No. 832 will document the training hours provided during the month, and will be considered a request for payment. Where applicable, the Contractor shall _ note and explain discrepancies between the hours documented on CDOT Form No. 832 and the corresponding certified payrolls. To receive payment the CDOT Forms 838 and 832 must be completed in full and the Contractor must be in compliance with all requirements of this specification. (b) Standard Training Program If the Contractor is not participating in the Department's Colorado Training Program, the training shall be provided according to the following: 1. The number of training hours for the trainees to be employed on the project shall be as shown in the Contract. The trainees or apprentices employed under the Contract shall be registered with the Department using CDOT Form No 838. 2. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to satisfy the requirements of this special provision. 3 ON THE JOB TRAINING December 20, 2002 November xx, 2002 3. At least ten working days prior to the first progress payment to be made after work has begun, the Contractor shall submit to the Engineer documentation showing DOL or FHWA approval of the Contractor's training program, a plan that identifies each proposed trainee, total training hours for each trainee, and the construction phase for training each of the proposed trainees, including the duration, for this specific project. Progress payments may be withheld until this plan is submitted and approved and may be withheld if the approved plan is not followed. 4. A trainee shall begin work on the project as soon as possible utilizing the skill involved and remain on the project as long as meaningful training opportunities exist. It is not required that all trainees be employed on the project for the entire length of the Contract. 5. The Contractor will be reimbursed 80 cents per hour for each approved apprentice or trainee required by the Department. 6. In order to receive reimbursement, the Contractor shall provide the number of training hours specified in the OJT goal assigned to the project. 7. The OJT goal for the project will be included in the Project Special Provisions and will be determined by the CDOT Region Equal Employment Opportunity (EEO) /Civil Rights Specialist after considering: a. Availability of minorities, women, and disadvantaged for training; b. The potential for effective training; c. Duration of the contract; d. Dollar value of the contract; e. Total normal work force that the average bidder could be expected to use; f. Geographic location; g. Type of work; and h. The need for additional journey workers in the area; 8. The guidelines for contract dollar value, minimum total training hours, and maximum reimbursement are as follows: Category Contract dollar value Minimum total training hours to be provided on the project Maximum reimbursement allowed A Up to 1 million 0 0 B >1 - 2 million 320 $600 C >2 - 4 million 640 $800 D >4 - 6 million 1280 $1400 E >6 - 8 million 1600 $1700 F >8 - 12 million 1920 $2000 G >12 - 16 million 2240 $2,4000 H >16 - 20 million 2560 $2,600 I For each increment of $5 million, over $20 million 1280 $1400 December 20, 2002 4 ON THE JOB TRAINING 9. The Contractor shall have fulfilled its responsibilities under this training special provision if the CDOT Regional Civil Rights Equal Employment Opportunity (EEO)/Civil Rights Specialist has determined that it has provided acceptable number of training hours specified in the Contract in accordance with this special provision. (c) Colorado Training Program. If the Contractor has a current approved Colorado Training Program plan, the training shall be provided according to the following: 1. The Contractor shall comply with the requirements of the Department's procedures as defined in the Colorado Training Program Manual. 2. If the Contractor has an approved Colorado Training Program plan, then they shall be exempted from the contract OJT goal. 3. Each trainee enrolled in the Colorado Training Program will receive a minimum of 1200 hours per year of ^ on-the-job training. Up to 200 hours of offsite classroom training can be included in the 1200 hours minimum. The trainee's hours per year may be on CDOT or non-CDOT projects. 4. At least ten working days prior to the first progress payment to be made after work has begun, the Contractor shall submit to the Engineer documentation showing DOL or. FHWA approval of the Contractor's training program and proof of good standing in the Colorado Training Program. 5. The Contractor will be reimbursed $4.80 per hour for each approved trainee who is working on the _ Contract . Of the $4.80 per hour reimbursed to the Contractor, any amount over $.80 per hour must be forwarded by the Contractor to the trade or labor organization(s) through which the Contractor obtains their trainees or apprentices (sponsor) and spent for training and recruitment. The Department will not reimburse for classroom training or training provided on non-CDOT projects. 6. Contractors who are in good standing in the Colorado Training Program will receive hours credit for their _ trainees whether they work on a CDOT or a non-CDOT project. Contractors will be reimbursed by CDOT only for hours worked on CDOT projects. 7. The Contractor will be considered in compliance with the requirements of the Colorado Training Program when the Contractor demonstrates to the Department that it has met the requirements described in this special provision and the Contractor's approved Colorado Training Program Training Plan. 8. The Contractor shall comply with the affirmative action requirements in their approved Colorado Training Program Training Plan. 9. Contractors must have an approved Training Plan for the calendar year to be able to use this option. Contractors who do not have an approved Colorado Training Program Training Plan must comply with the requirements of Part (b) of this special provision. 10. The minimum required number of trainees to be employed by the Contractor shall be as shown in the _ Contractor's approved Colorado Training Program Training Plan. 11. The Contractor shall have fulfilled its responsibilities described in this special provision if it has remained in good standing in the Colorado Training Program during the life of the Contract. 1 July21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts. 1.0 2.0 3.0 SECTION 00100 INSTRUCTIONS TO BIDDERS 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). 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. 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 8-159 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 7/96 Section 00100 Page 1 July 21, 1999 RQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWA-1273 Electronic version -- March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 6. Selection of Labor: During the performance of this con - Page tract, the contractor shall not: I. General.........................................................1 II. Nondiscrimination............................................1 III. Nonsegrated Facilities......................................3 IV. Payment of Predetermined Minimum Wage .......... 3 V. Statements and Payrolls...................................6 VI. Record of Materials, Supplies, and Labor.............6 VII. GeneralSubletting or Assigning the Contract ......... 7 VIII. Safety: Accident Prevention...............................7 IX. False Statements Concerning Highway Projects. ..7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act................................8 XI. Certification Regarding Debarment, Suspension....,. Ineligibility, and Voluntary Exclusion..................8 XII. Certification Regarding Use of Contract Funds for... Lobbying......................................................9 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superin- tendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference In any case. The prime contractor shall be responsible for compliance by any subcontrac- tor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 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 DOL, or the contractor's employees or their representatives. a. discriminate against labor from any other State, posses- sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. If. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 Pt sea.) set forth under 28 CFR 35 and 29 CFR 1630 are Incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obliga- tions and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: 9t is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: 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, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will Implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not 3 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS less often than once every six months, at which time the contract- or's EEO policy and its Implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employ- ees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contrac- tor will Include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contrac- tor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agree- ment providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where Implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such imple- mentation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, Including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the July 21, 1999 discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimina- tion may affect persons other than the complainant, such correc- tive action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., appren- ticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If thecontractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor wilt use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for member- ship in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement provid- ing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. B. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by autho- rized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportuni- ties for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, Indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on -the - job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agree- July21, 1999 ment or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit Its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term 'segregated facilities' means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE _ (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work 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 (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained In the wage determination of the Secretary of Labor (hereinafter 'the wage determination') which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or Its subcontractors and such laborers and mechanics. The wage determination (Including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) 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. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi- sions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, 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, 5 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. 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. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorpo- rated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classffi- cation requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (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, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addition- al classification 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 DOL, Administrator of the Wage and Hour Division, Employment Stan- dards Administration, Washington, D.C. 20210. The Wage and Hour 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. d. In the event the contractor or subcontractors, as appro- priate, the laborers or mechanics to be employed in the additional 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 recommenda- tion of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized represen- tative, 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 e. The wage rate (Including fringe benefits where appropri- ate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: July21, 1999 a. 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 or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a 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 Secre- tary 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. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) 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 DOL, 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/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. (2) The allowable ratio of apprentices to Journeyman - level employees 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 employee 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 listed in the wage determination for the classification of work actually performed. in addition, any appren- tice 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 or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) 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 journeyman -level 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 for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an accept- able program is approved. b. Trainees: (1) 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 DOL, Employ- ment and Training Administration. (2) The ratio of trainees to joumeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not regis- tered and participating in a training plan approved by the Employ- ment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classifica- tion of work actually performed. In addition, any trainee perform- ing 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. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the joumeyman-level 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 joumeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, In which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Adminis- tration withdraws approval of a training program, the contractor or subcontractor 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. c. Helpers: Helpers will be permitted to work on a project 0 the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved defini- tion, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually per- formed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal - aid highway construction programs are not subject to the require- ments of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentic- es and trainees to journeymen shall not be greater than permitted by the terms of the particular program. July 21, 1999 The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor 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, as 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, em- ployed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, 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. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, In the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies 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 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 6. Withholding: 1. Compliance with Copeland Regulations (29 CFR 3): REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (Including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof 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. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found 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 and each subcontractor shall maintain records which show that the commit- ment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. 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 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submis- sion of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcon- tractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the follow- ing: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information Is correct and complete; (2) that such 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 the Regulations, 29 CFR 3; July21, 1999 (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equiva- lent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certifica- tion 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 2d of this Section V. I. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such repre- sentatives 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 SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions 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. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and In the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing 8 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. 'its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not Include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items' shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shalt furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is In charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Vill. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construc- tion safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). July21, 1999 in order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepre- sentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where It Is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: 'Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false represen- tation, false report or false claim with respect to the character, quality, quantity, or cost of any wort performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 21, 1916, (39 Stat. 355), as amended and supple- mented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1657 Ql Mg., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 gt seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 9 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X In every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such require- ments. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transac- tions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disquali- fy such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immedi- ate written notice to the department or agency to whom this proposal is submitted it any time the prospective primary partici- pant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred; "suspend- ed," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction,' "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certifi- cation Regarding Debarment, Suspension, Ineligibility and Volun- July 21, 1999 tary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocure- ment List) which is compiled by the General Services Administra- tion. I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 10 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted If at any time the prospective lower tier participant leams that Its certification was erroneous by reason of changed circum- stances. d. The terms "covered transaction," "debarred," 'suspend- ed," "ineligible," 'primary covered transaction," 'participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submit- ting this proposal that, should the proposed covered transaction be entered Into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will Include this clause filled "Certidication Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowl edge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of these Instructions, if a participant In a covered transaction knowingly enters Into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. July21, 1999 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospec- tive participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submit- ting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. if any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempt- Ing to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction Imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included In all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. January 17, 2003 -1- SPECIAL NOTICE TO CONTRACTORS include the item of work with location and 1. SCOPE dates. The Contractor shall immediately notify the Engineer, in writing, if the items of 1.1 It is the intent of this chapter to provide work or quantities are revised. guidelines to the Contractor or Sub- 3.2 At the completion of the project, the Contractor, so that they can properly present Contractor shall furnish the Engineer with a their materials for inclusion at the completed CDOT Form #250 - Materials construction project. Documentation Record listing items utilized 1.2 The Contractor shall follow the procedures to construct the project and the approximate quantity of each item. listed below to ensure the proper inspection, sampling, testing and certification of 4. BUY AMERICA REQUIREMENTS. materials and products incorporated into all construction projects. 4.1 In accordance with Subsection 106.08 of the 1.3 The words "Prequalification of Bidders" Standard Specifications and as referenced in 23 CFR 635.410: (102.01 Standard Specifications) has occasionally been confused with "Prequalification of Manufacturers / Supplier" "Pre A. All manufacturing processes, including the application of a coating, for all steel or with -Approval of Products or products and all iron products Materials". These terms are not permanently incorporated in the work interchangeable. shall have occurred in the United States 1.4 Two information sources that can provide of America. assistance and clarification are: Business B. The Contractor shall provide a Center - Project Bidding (http://www.dot.state.co.us/BusinessCenter/ certification by each supplier, distributor, fabricator, and manufacturer that has Biddino and Design Support — Manuals handled the steel or iron product, (http://www.dot.state.co.us/DevelopProjects/ including the application of coating. DesignSupport/). 2. PROVIDE NOTIFICATION OF MATERIALS C. These certifications shall create a chain of custody, and the lack of these SOURCES AND SUPPLIERS, certifications will be justification for 2.1 In accordance with subsection 106.01 of the rejection of the steel or iron product. Standard Specifications: D. Upon completion of the project, the The Contractor shall submit a list of material Contractor shall certify in writing their compliance with this requirement. (An sources and suppliers to the Engineer. The list shall include company name and example of what is required on a address, item to be supplied, and contact Certificate of Contractor's Compliance to Buy America is on page 9 of this person where material can be inspected. chapter. An original signature is required on the Certificate for the Project 3. DESIGN/BUILD PROJECTS - MATERIALS Files. DOCUMENTATION RECORD, CDOT FORM #250 3.1 Two weeks before construction of any element of work, the Contractor shall furnish the Engineer a schedule of items and approximate quantities to be incorporated into the project. This information is to 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 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 7/96 Section 00100 Page 2 -2- SPECIAL NOTICE TO CONTRACTORS 5. DESIGNATED PRODUCTS AND ASSEMBLIES. 5.1 The majority of materials submitted for inclusion on CDOT projects will fall within one of four levels of product acceptance for the their sampling and testing. CDOT always retains the right through its Quality Assurance (QA) Program to obtain samples for additional testing and require supplemental documentation. 5.2 If the material or product is not referenced within the four levels of product acceptance then the materials or products must be fabricated or supplied in accordance with the requirements of the applicable Colorado Department of Transportation specifications, plans, and standards. Examples of materials and products not found in the following four levels are Aggregate Base Course, Hot Bituminous Pavement, and Concrete. A. PRE -INSPECTED: Pre -Inspection is when representatives from the Colorado Department of Transportation visit a manufacturer's facility to perform an initial review of the company's quality control plan and employee certifications, as well as subsequent inspection visitations during the manufacturing of the product. Inspection arrangements should be made by contacting the CDOT Staff Bridge Fabrication Inspectors at (303) 757-9192 a minimum of 10 days prior to the beginning of fabrication. Failure to give notification may result in delays to the project and/or rejection of materials or products. Note 1: Bearing Devices and Expansion Devices are inspected randomly at the discretion of the Bridge Design and Management Branch. Products needing Pre4nspection: Bearing Devices (Type III) - Bridge" Expansion Device - Bridge" (0-6", through, 0-24") Prestressed Concrete Units - Bridge" Structural Steel - Bridge" B. CERTIFIED TEST REPORT (CTR): January 17, 2003 The Certified Test Report level of acceptance is when a manufacturer is required to submit actual test results performed on the material being provided. A CTR shall contain the actual results _ of tests for the chemical analysis, heat treatment, and/or mechanical properties of the drawing and/or specification. The contract will designate products and assemblies that can be incorporated in the work, if accompanied by Certified Test Reports. The word preceding the Test Report may vary between different _ industries, such as Certified, Mill, Metallurgical, Laboratory. In accordance with Subsection 106.10 of the -- Standard Specifications and the requirements of this document, the report shall include: 1) The Department's project number 2) Manufacturer's name 3) Address of manufacturing facility 4) Laboratory name & address 5) Name of product or assembly 6) Complete description of the material 7) Model, catalog, stock no. (if applicable) 8) Lot, heat, or batch number identifying the _ material delivered 9) Date(s) of the laboratory testing 10) All test results are required to verify that the _ material furnished conforms to all applicable Department specifications. Test results shall be from tests conducted on samples taken from the same lot, heat, or batch. The Certified Test Reports must be an original document, not a facsimile, with an original _ signature (including corporate title) by a person having legal authority to act for the manufacturer - or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and tested, and the samples have passed all specified tests. One copy of the ., Certified Test Report shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project and/or rejection of the materials. Products or assemblies furnished on the basis of CTRs may be sampled and tested by the Department. If it is determined that the material does not meet the applicable specifications, the material may be -3- SPECIAL NOTICE TO CONTRACTORS rejected or may be accepted according to Subsection 105.03 of the Standard Specifications. (An example of what is required on a Certified Test Report is on page 10 of this chapter.) Below is a partial list of products or categories that require a Certified Test Report: Bearing Devices (Type III) - Bridge" Cribbing Mechanical Fasteners (Field)" Glass Beads (for pavement marking) Overhead Sign Structures A Top Soil Traffic Signal Structures A Pavement Marking Paint Epoxy Pavement Marking Material C. CERTIFICATE OF COMPLIANCE (COC): The Certificate of Compliance level of acceptance is when a manufacturer is required to submit a document certifying that the material being provided meets all required Department specifications. A COC shall contain a reference to the actual tests for the chemical analysis, heat treatment, and/or mechanical properties of the drawing and/or specification. The contract will designate products and assemblies that can be incorporated in the work, if accompanied by Certificates of Compliance. In accordance with Subsection 106.09 of the Standard Specifications and the requirements of this document, the certificate shall include: 1) The Department's project number 2) Manufacturer's name 3) Address of manufacturing facility 4) Laboratory name & address 5) Name of product or assembly 6) Complete description of the material 7) Model, catalog, stock no. (if applicable) 8) Lot, heat, or batch number identifying the material delivered 9) Date(s) of the laboratory testing 10) Listing of all applicable specifications required by the Department for this particular product or assembly. Certificates shall reference the actual tests conducted on samples taken from the same lot, heat, or batch. The Certificate of Compliance must be an January 17, 2003 original document, not a facsimile, with an original signature (including corporate title) by a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and tested, and the samples have passed all specified tests. One copy of the Certificate of Compliance shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project and/or rejection of the materials. Products or assemblies furnished on the basis of COCs may be sampled and tested by the Department. If it is determined that the material does not meet the applicable specifications, the material may be rejected or may be accepted according to Subsection 105.03 of the Standard Specifications. (An example of what is required on a Certificate of Compliance is on page 11 of this chapter.) Below is a partial list of products or categories that require a Certificate of Compliance: Note 2: If the Plans do not specifically reference a Certified Test Report (Mill Test Report) and the product category is not depicted on the Approved Products List within the Pre -Approved level of acceptance, then a COC will be required. Bearing Devices (Type I, Il, IV and V "B) Bridge Deck Forms, Permanent Steel A Bridge Rail, Steel A Concrete Box Culverts, Precast Dampproofing, Asphalt Dust Palliative - Asphaltic - Magnesium Chloride Emulsified Asphalt for Tack Coat Erosion Bales Expansion Joint Material, Preformed Filler Flumes (all types) Gabions and Slope Mattress Gaskets Guard Rail - End Anchors Guard Rail Metal A Guard Rail Posts - Metal A Guard Rail - Precast Guard Rail Posts - Timber Blocks and Posts A Hay Headgates Inlets, Grates and Frames (Prefab) Interior Insulation -4- SPECIAL NOTICE TO CONTRACTORS Lighting Light Standards, High Mast Light Standards, Metal Luminaires (Inclusive) Manholes, Rings and Covers (Prefab) MC-70 - Prime Coat (Liquid Asphalt) MSE Wall - Elements", Pedestrian Bridge " Piling" Pipes - all material compositions Rest Area Materials Seed c Sign Panels Sprinkler System(s) Steel Sign Posts Structural Plate Structures " Structural Steel Galvanized " Steel Sheet Piling " Straw c Treated Timber Wood Cellulose Mulch D. PRE -APPROVED: The Pre -Approved level of acceptance is when a manufacturer is required to submit all relevant documentation on their product in advance of any specific project. A primary requirement to be considered for the Approved Products List (APL) is that the material retains a very high level of uniformity and consistency in its production quality. The submittal of Certified Test Reports, Certificates of Compliance, product literature, etc., as well as product samples for evaluation combine all previous levels of acceptance into one. In accordance with CDOT's Procedural Directive 3.1, a manufacturer's product is evaluated within CDOT to determine its acceptability on CDOT construction projects, as defined by CDOT specifications, plans and standards. For additional information on the APL or the web site contact the Product Evaluation Coordinator within the Central Laboratory at 303-757-9421. Note 3: Web Site Address, Internal to CDOT: http://internal/infoexchg/organizations.htm Web Site Address, External to CDOT: http://www.dot.state.co.us/APL/ January 17, 2003 Note 4: A A Mill Test Report shall be included. B A Certified Test Report(s) on components must accompany the material or product. c A Certified Test Report shall be included. c The Contractor may obtain a current list of Weed Free Forage Crop Producers by contacting the Colorado Department of Agriculture at (303) 239-4149. DISCLAIMER: The Colorado Department of Transportation (CDOT) does not have the obligation to use any of the products listed in the Approved Products List (APL). The APL simply documents that the listed products have been tested, evaluated, and/or examined under CDOT standards, and were found to be acceptable to be used in CDOT projects. The product shall be removed from the APL if Product Performance comments indicate field performance that is unacceptable to CDOT quality standards or if the product varies from the data as originally submitted. Additional disclaimer information can be found within the APL web site. SECTION 01010 SUMMARY OF WORK PART GENERAL 1.01 PROJECT SITE A. Location: The Trolley Car Barn is located at 330 N. Howes Street, Fort Collins, Colorado. B. Related requirements or conditions specified elsewhere: 1. Section 01020, Allowances. 2. Section 01022, Unit Prices. 3. Section 01030, Alternates. 4. Section 01046, Access to Site. 1.02 DESCRIPTION OF THE WORK A. General: The work consists of the construction and rehabilitation of the northwest portion of the existing Trolley Car Barn, including but not limited to, an office, file room, vestibule, restroom and related exterior elements such as double hung windows and a new water meter pit and service. 1. Mechanical, plumbing and electrical systems design and installation shall be design/build by the Contractor. 2. Restoration and Preservation Projects: All work of this project shall meet the requirements of the Secretary of the Interior's Standards for Rehabilitation of Historic Buildings and the Colorado Historical Society. 3. Restoration and Preservation Projects: Contractor shall take all necessary care in selective demolition and construction of this project so as not to damage or destroy the historic fabric of the structure that is to remain. B. Unless otherwise provided, Contractor shall provide, at his expense, all materials, labor, equipment, tools, transportation and utilities, including cost of connection necessary for successful completion of the project. C. It is the intent of the Owner not to disturb the normal functions of the complex, its residents and their visitors, employees, vendors, suppliers, contractors or related outside businesses during the work of this project. D. The Contractor shall be responsible for seeing that all contractors, subcontractors, suppliers and workmen associated with the project conduct themselves in a professional and businesslike manner while on the site. 1. Alcoholic beverages and smoking will not be permitted on the site, anywhere within the Owner's facilities or on the Owner's property. 2. All workers shall refrain from the use of profane or abusive language and other forms of harassment on the site. 3. Other specific conditions of this Section shall be as arranged at the Pre - Construction Conference. 4. Refer to Section 01046 for specific rights of the Owner's principal representa- tive. 01010 - 1 0237.07 1.03 CONTRACTOR QUALIFICATIONS A. Contractor Qualifications: General Contractor shall have completed at least three (3) -- projects requiring adherence to the Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, or other projects of similar size and complexity under rehabilitation guidelines of the Colorado Historical Society in the past five (5) years. 1. Contractor shall hold a Class C1 Contractor's License with the City of Fort Collins. B. Superintendent Qualifications: Refer to Section 01041. 1.04 FORM OF BID AND/OR CONSTRUCTION CONTRACT A. The work of this Project shall be bid and construction contracts awarded on the following basis, unless otherwise modified in the General or Supplementary Conditions _ of the Contract: 1. Lump sum basis, including approved Alternates. 1.05 WORK BY OTHERS A. Owner shall furnish and install all offsite improvements, including street improvements, _ utility extensions and stormwater systems by separate contract. B. Onsite and offsite extension of natural gas service shall be provided by Xcel Energy. C. Onsite and offsite extension of telephone service shall be provided by Qwest, as follows: 1. Contractor shall provide trenching, backfilling and compacting from one service entry location (pedestal or cabinet) on the property, to be determined by Qwest, and furnish and install conduit from this location to each building. 2. Qwest shall pull cable from service entry to each building and provide terminations. D. Secondary electrical service to the portion of the building under contract is to be pulled from an existing electrical panel in the Storage Room of the Trolley Car Barn by the Contractor for this Project. E. Owner shall provide new 3/4 water tap adjacent to the northwest corner of the Trolley Car Barn at the curb stop. Contractor is responsible for providing and installing new water meter pit at the new water tap location and bringing water service into the building. F. Owner shall remove all miscellaneous items being stored in area to be rehab- i litated /constructed . G. Owner shall provide asbestos abatement by separate contract. 1. Lead paint removal shall be handled by the Contractor, following all applicable OSHA and CDOT requirements for handling, collection and disposal. Refer to Standard Specifications for Road and Bridge Construction, 1999, Section 250 — Environmental, Health and Safety Management. H. Owner shall furnish and install all window coverings by separate contract. I. Owner shall furnish and install all telephone and data systems equipment and wiring by -- separate contract, except for the empty conduit runs shown on the Drawings. J. Owner shall furnish and install all interior door and/or room signage by separate contract. END OF SECTION •� 01010 - 2 0237.07 SECTION 01020 ALLOWANCES PART GENERAL 1.01 WORK INCLUDED A. This Section identifies each Allowance by number. B. Related requirements specified elsewhere: 1. Bidding Documents: Bid Form. 2. Owner -Contractor Agreement: Incorporation of Allowances into the Work. 3. Sections of the Specifications as referenced. 4. General and Supplementary Conditions. 1.02 ALLOWANCE PROCEDURES A. Allowances shall be included in the base Bid and shall include the costs of materials, delivery of materials to the site, and installation. B. If the actual cost of material selected by the Owner is less than the Allowance, the Contractor shall credit the Owner the difference; if the actual cost of the material selected is greater than the Allowance, the Contractor shall be entitled to an adjustment to the base price. C. Any extra material shall become the property of the Owner or restocked and credited to the Owner, at the Owner's option. 1.03 DESCRIPTION OF ALLOWANCES A. Allowance No. 1: Security system, to supplement the existing system components. Extent of work and system components to be determined by the Owner and Supplier/Installer: $4,000.00. END OF SECTION 01020 - 1 0237.07 SECTION 01026 APPLICATIONS FOR PAYMENT PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit Applications for Payment to Owner in accordance with the schedule established by the General and Supplementary Conditions of the Contract and Owner -Contractor Agreement. B. Related requirements specified elsewhere: 1. Owner -Contractor Agreement: a. Lump sum and unit prices. b. Progress payments, retainages and final payment. C. Allowable progress payments for Contractor overhead, profit and Division I expenses. 2. Bid Form. 3. General and Supplementary Conditions: a. Retainages. b. Liquidated damages, if applicable. C. Partial release of lien affidavits. 4. Section 01370, Schedule of Values. 5. Section 01700, Contract Closeout. 6. Section 01730, Operating and Maintenance Data. 1.02 FORMAT AND DATA REQUIRED A. Submit itemized Applications typed on standard City of Fort Collins forms, unless otherwise approved. B. Provide itemized data on continuation sheet. Format, schedule, line items and values shall be those of the Schedule of Values accepted by Architect. C. Applications for payment shall include only that material, labor and/or stored material in place as of the date of Application. 1.03 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: 1. Form shall be completed and notarized by a Notary Public, state of Colorado. 2. Fill in required information, including that for Change Orders executed prior to date of submittal of Application. Incomplete Application forms shall be returned to the Contractor and not processed. 3. Fill in summary of dollar values to agree with respective totals indicated on continuation sheets. 4. Certification shall be executed with signature of a responsible officer of contract firm. B. Continuation Sheets: 1. Fill in total list of all schedule component items of work with item number and scheduled dollar value for each item. 2. Fill in dollar value in each column for each scheduled line item when work has been performed or products stored, as of date of Application. 01026 - 1 0237.07 3. List each Change Order executed prior to date of Application at the end of the continuation sheets. a. List by Change Order number and description, as for an original — component item of work. C. Retainage: The Owner shall withhold retainage from each progress payment, as stipulated in the General and Supplementary Conditions. Contractor shall reflect the — amount retained on each Application for Payment. D. Partial Release of Liens Affidavit: Contractor shall submit a Partial Release of Liens Affidavit with each Application for Payment certifying payment to Subcontractors, — material suppliers or other entities having provided labor, materials and equipment related to the Work covered by the previous Application for Payment, as specified in the General and Supplementary Conditions. — E. Prior to acceptance of Application for Payment, Contractor shall show that project record drawings are current and up to date per Section 01720, as requested by the Architect or Owner. — F. Prior to acceptance of Application for Payment, Contractor shall provide certified payroll reports, as requested by the Owner, in conformance with the requirements of the Davis -Bacon Act. G. Prior to acceptance of Final Application for Payment, Contractor shall submit complete operating and maintenance manuals for review and acceptance by the Architect and Owner. Refer to paragraph 1.06 below. — 1.04 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When the Owner requires substantiating data, Contractor shall submit suitable — information with a cover letter identifying: 1. Project name, Application number and date. 2. Detailed list of enclosures. 3. Stored materials may be submitted for payment, provided they are stored on site, in the Subcontractor's insured facility, or in a bonded warehouse facility as of the date of Application. a. Submit item number and identification as shown on Application, description of specific material. b. Submit certificate of insurance indicating coverage of stored materials, if requested by the Owner. B. Submit one (1) copy of data for each copy of Application. — 1.05 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Fill in Application form as specified for progress payments. B. Use continuation sheet for presenting the final statement of accounting as specified in Section 01700, Contract Close -Out. 1.06 SUBMITTAL PROCEDURE A. Submit Applications for Payment to Architect within the time limitations and deadlines stipulated in the Agreement. - B. Number: Four (4) copies of each Application, or as established at the Pre -Construction Conference. C. When Architect finds Application properly completed and correct, he will transmit Certificate for Payment to Owner within seven (7) calendar days. 01026 - 2 0237.07 D. Final Certificate for Payment shall be processed only after operating and maintenance manuals have been received, reviewed and accepted by the Architect and Owner. END OF SECTION 01026 - 3 0237.07 SECTION 01027 CHANGE ORDER PROCEDURES PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall prepare and promptly implement Change Order procedures: 1. Provide full written data required to evaluate proposed changes in the Contract Sum or extensions of the Contract Time. 2. Maintain detailed records of work done on a time-and-material/force-account basis. 3. Maintain detailed records of weather -related delays to substantiate claims for additional time. B. Designate in writing the member of Contractor's organization who is authorized to ac- cept changes in the work. C. Related requirements specified elsewhere: 1. Owner -Contractor Agreement and Conditions of the Contract: a. Methods of determining cost or credit to Owner resulting from changes in the work made on a time -and -material basis. b. Contractor's claims for additional costs. C. Allowable limits for Contractor's overhead and profit. d. Established unit prices. 2. Section 01026, Applications for Payment. 3. Section 01046, Access to Site: Designation of Owner's Principal Representa- tive, authorized to execute change orders. 4. Section 01310, Construction Schedules. 5. Section 01370, Schedule of Values. 6. Section 01600, Material and. Equipment: Substitutions. 7. Section 0 17 20, Project Record Documents. 1.02 DEFINITIONS A. Change Order: See General Conditions. B. Architect's Supplemental Instructions, AIA Document G710: A written order, instructions or interpretations signed by Architect making minor changes in the work not involving a change in Contract Sum or Contract Time. C. Proposal Request, AIA Document G709: A written request by the Owner or Architect describing proposed changes in the work and requesting change order pricing from the Contractor, but not authorizing the work to be completed until approved in writing by the Owner. D. Construction Change Authorization, standard City of Fort Collins form: A written order to the Contractor signed by Owner and Architect which amends the Contract Documents as described and authorizes Contractor to proceed with a change which affects the Contract Sum or the Contract Time, for inclusion in a subsequent Change Order. 01027 - 1 0237.07 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. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty- first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. B.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment 7/96 Section 00100 Page 3 1.03 PRELIMINARY PROCEDURES A. Owner or Architect may initiate changes by submitting a Proposal Request to Contractor. Request will include: 1. Detailed description of the change, products and location of the change in the project. 2. Supplementary or revised Drawings and Specifications. 3. The projected time span for making the change and a specific statement as to whether overtime work is or is not authorized. — 4. A specific period of time during which the requested price will be considered valid. 5. Such request is for information only and is not an instruction to execute the — changes or to stop work in progress. B. Contractor may initiate changes by submitting a written notice to Architect containing: 1. Description of the proposed changes. 2. Statement of the reason for making the changes. 3. Statement of the affect on the Contract Sum and the Contract Time. 4. Statement of the affect on the work of separate contractors. — 5. Documentation supporting any change in Contract Sum or Contract Time as appropriate. C. Changes in the work affecting construction cost and/or contract time shall not be — started without a fully executed Change Order or other written authorization from the Owner and Architect, in accordance with the General and Supplementary Conditions. 1.04 CONSTRUCTION CHANGE AUTHORIZATION A. In lieu of a Proposal Request, Architect may issue a Construction Change Authorization — for Contractor to proceed with a change for subsequent inclusion in a Change Order. B. Authorization will describe changes in the work, both additions and deletions, with attachments of revised Contract Documents to define details of the change and will — designate the method of determining any change in the Contract Sum and any change in Contract Time. C. Owner and Architect will sign and date the Construction Change Authorization as — authorization for the Contractor to proceed with the changes. D. Contractor will sign and date the Construction Change Authorization to indicate agreement with the terms therein. 1.05 DOCUMENTATION OF PROPOSALS AND CLAIMS A. Support each quotation for a lump sum proposal and for each unit price which has not previously been established with sufficient substantiating data to allow Architect and Owner to evaluate the quotation. 1. Labor and equipment required. ~' 2. Materials required: a. Recommended source of purchase and unit cost. b. Quantities required. 3. Taxes, insurance and bonds. 4. Credit for work deleted from Contract similarly documented. 5. Overhead and profit. Refer to Supplemental Conditions of the Contract for -- established limits, if applicable. 6. Justification for any change in Contract Time. 01027 - 2 B. Support each claim for additional costs and for work done on a time-and-material/force- account basis, with documentation as required for a lump sum proposal plus additional information: 1 . Name of the Owner's authorized agent who ordered the work and date of the order. 2. Dates and times work was performed and by whom. 3. Time record, summary of hours worked and hourly rates paid. 4. Receipts and invoices for: a. Equipment used, listing dates and times of use. b. Products used, listing quantities. C. Subcontracts. C. Document requests for substitutions for products as specified in Section 01600. D. Support each claim for additional time due to weather -related delays with the following daily information: 1. Statement of the reason for requesting an extension to the Contract Time due to the weather, including the materials or trades affected and the adverse effects of the weather upon these items. 2. Weather conditions at the site of the project for each day requested. 3. Temperature in Fahrenheit at the site for each day requested. 4. Any additional information requested by the Owner. 1.06 PREPARATION OF CHANGE ORDERS A. Contractor shall prepare each Change Order, unless Owner or Architect is authorized to prepare Change Orders at the Pre -Construction Conference. B. Form: Change Order, AIA Document G701 or Owner provided form. C. Change Order will describe changes in the work, both additions and deletions, with attachments of revised Contract Documents to define details of the change. D. Change Order will provide an accounting of the adjustment in the Contract Sum and the Contract Time. 1.07 LUMP SUM/FIXED PRICE CHANGE ORDER A. Content of Change Orders will be based on either: 1. Architect's Proposal Request and Contractor's response as mutually agreed between Owner and Contractor; or 2. Contractor's proposal for a change as recommended by Architect. B. Owner and Architect will sign and date the Change Order as authorization for the Contractor to proceed with the changes. C. Contractor will sign and date the Change Order to indicate agreement with the terms therein. 1.08 UNIT PRICE CHANGE ORDER A. Content of Change Orders will be based on either: 1 . Architect's definition of the scope of the required changes. 2. Contractor's proposal for a change as recommended by Architect. 3. Survey of completed work. B. The amounts of the unit prices to be either: 1. Those stated in the Agreement. 2. Those mutually agreed upon between Owner and Contractor. 01027 - 3 0237.07 C. When quantities of each of the items affected by the Change Order can be determined prior to start of the work: 1. Owner and Architect will sign and date the Change Order as authorization for Contractor to proceed with the changes. 2. Contractor will sign and date the Change Order to indicate agreement with the terms therein. D. When quantities of the items cannot be determined prior to start of the work: 1. Architect or Owner will issue a Construction Change Authorization directing Contractor to proceed with the change on the basis of unit prices and will cite — the applicable unit prices. 2. At completion of the change, Architect will determine the cost of such work based on the unit prices and quantities used. — a. Contractor shall submit documentation to establish the number of units of each item and any claims for a change in Contract Time. 3. Architect will sign and date the Change Order to establish the change in Contract Sum and in Contract Time. 4. Owner and Contractor will sign and date the Change Order to indicate their agreement with the terms therein. - 1.09 TIME AND MATERIAL/FORCE ACCOUNT CHANGE ORDER/CONSTRUCTION CHANGE AUTHORIZATION A. Architect and Owner will issue a Construction Change Authorization directing Contractor to proceed with the changes. -. B. At completion of the change, Contractor shall submit itemized accounting and supporting data as provided in paragraph 1.05, Documentation of Proposals and Claims. C. Architect will determine the allowable cost of such work as provided in General Conditions and Supplementary Conditions. D. Architect and Owner will sign and date the Change Order to establish the change in Contract Sum and in Contract Time. _ E. Contractor will sign and date the Change Order to indicate their agreement therein. F. Owner must approve in writing and on a daily basis all time and material Change Orders. 1.10 CONTRACTOR OVERHEAD AND PROFIT A. General: Allowable limits to the Contractor's and Subcontractors' mark-ups on Change Orders shall be as established in the Supplementary Conditions of the Contract. 1.11 CORRELATION WITH CONTRACTOR'S SUBMITTALS A. Periodically revise Schedule of Values and Application for Payment forms to record each change as a separate item of work and to record the adjusted Contract Sum. B. Periodically revise the Construction Schedule to reflect each change in Contract Time. 1. Revise subschedules to show changes for other items of work affected by the changes. C. Upon completion of work under a Change Order, enter pertinent changes in Record Documents. END OF SECTION 01027 - 4 SECTION 01030 ALTERNATES PART GENERAL 1.01 REQUIREMENTS INCLUDED A. This section identifies each Alternate by number and describes the basic changes to be incorporated into the work only when that Alternate is made a part of the work by specific provisions in the Owner -Contractor Agreement. B. Coordinate related work and modify surrounding work as required to properly integrate the work under each Alternate for the complete construction required by the Contract Documents. C. Related requirements specified elsewhere: 1. Bidding Documents: Method of quotation of the cost of each Alternate and the basis of the Owner's acceptance of Alternate. 2. Owner -Contractor Agreement: Incorporation of Alternates into the work. 3. Bid Form and Bid Schedule. 4. Sections of the Specifications as listed under the respective Alternates. Referenced Sections of Specifications stipulate pertinent requirements for products and methods to achieve the work stipulated under each Alternate. D. Alternates will be accepted as follows, unless otherwise modified by the General or Supplementary Conditions to the Contract. 1. Alternates will be accepted in any order. 1.02 DESCRIPTION OF ALTERNATES A. Alternate No. 1 (Add): New gas -fired unit heaters and associated flues, gas piping and controls in the Car Barn and adjacent South Addition, as indicated on the Drawings. B. Alternate No. 2 (Add): Existing roof structure of the South Addition shall be insulated with R-22 batt insulation with Kraft -facing vapor barrier, and covered with 5/8" Type X gypsum wallboard. Ceiling shall be taped and finished smooth to match balance of work, primed and painted. C. Alternate No. 3 (Add): Pendant -type metal halide light fixture in the Car Barn, with associated conduit, wiring and switches. D. Alternate No. 4 (Add): Refurbish three (3) steel sash windows in the South Addition, including sandblasting the frames and sashes, priming and painting and new putty at sashes. END OF SECTION 01030 - 1 0237.07 SECTION 01040 COORDINATION PART GENERAL 1.01 COORDINATION REQUIREMENTS A. Contractor shall be responsible for the overall coordination of all civil, landscape and urban design, architectural, structural, mechanical and electrical components and systems that are a part of this project. 1. Coordinate components and systems prior to purchasing or fabricating. 2. Coordinate materials, equipment and fixtures supplied by various trades for compatibility with the final installation. B. Coordinate all work included in the Construction Documents, including but not limited to the following construction trades: 1. Demolition. 2. Earthwork, excavation and grading. 3. Onsite utilities, including utilities designed by other jurisdictions. 4. Cast -in -place concrete. 5. Structural steel and metalwork. 6. Carpentry and cabinetwork. 7. Building and roof insulation. 8. Roofing and flashings. 9. Doors, windows and glazing systems. 10. Painting and finishing. 11. Flooring and hard surfaces. 12. Specialties. 13. Equipment. 14. Mechanical and plumbing systems. 15. Electrical systems. C. Coordinate scheduling, submittals and work of the Drawings and various Sections of Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. D. Coordinate and verify that utility requirement characteristics of operating equipment are compatible with the building utilities. Interruption of utility services shall be scheduled with and subject to the approval of the Owner seven (7) business days prior to the interruption. E. Coordinate utility locates and utility designs with the City of Fort Collins and other jurisdictions having authority over the project. Refer to Section 01060. F. Related requirements specified elsewhere: 1. General and Supplementary Conditions: Contractor's Responsibilities. 2. Section 0 10 10, Summary of Work. 3. Section 01050, Field Engineering. 4. Section 01060, Regulatory Requirements. 5. Section 01600, Materials and Equipment: Substitutions. 6. Section 06100, Rough Carpentry: General project coordination. 01040 - 1 0237.07 1.02 RELATED WORK BY OTHERS A. Coordinate as required with the Owner for related work, as shown on the Drawings or specified herein, to be performed by the Owner's own forces or by separate contract from this project. Refer to Section 0 10 10. 1.03 COORDINATION OF SCHEDULES A. Coordinate schedule of construction activity with the Owner's continued use of the facility and site. Refer to Section 01046, Access to Site. B. Coordinate schedule of construction activity with the Owner and other Contractors as necessary to facilitate the related work by others described above. ~ 1.04 COORDINATION MEETINGS A. In addition to progress meetings specified in Section 01200, Contractor shall hold coordination meetings and pre -installation conferences with personnel and Subcontrac- tors to assure coordination of work. 1.05 COORDINATION OF SUBMITTALS A. General: Schedule and coordinate all submittals specified in Section 01340 or other Sections. B. Coordinate work of various Sections having interdependent responsibilities for installing, connecting to and placing in service such equipment. C. Coordinate requests for substitutions to assure compatibility of space, operating elements and the effect on work of other Sections. -� 1.06 COORDINATION OF SPACE A. Coordinate use of project space and sequence of installation of mechanical and electrical work which is indicated diagrammatically on the Drawings. Follow routing shown for pipes, ducts and conduits as closely as practicable, with due allowance for available physical space; make runs parallel with lines of building. Utilize space efficiently to maximize accessibility for other installations, for maintenance and for repairs. B. In finished areas, except as otherwise shown, conceal pipes, ducts and wiring in the construction. Coordinate locations of fixtures and outlets with finish elements. ~ 1.07 COORDINATION OF CONTRACT CLOSE-OUT A. Coordinate completion and cleanup of work of separate Sections in preparation for — Substantial Completion. B. Assemble and coordinate close-out submittals specified in Section 01700. C. After Owner's occupancy of premises, coordinate access to the site by various Sections for correction of defective work and work not in accordance with Contract Documents to minimize the disruption of Owner's activities. END OF SECTION 01040 - 2 .. n9g7 07 SECTION 01041 SUPERINTENDENT PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall employ a competent superintendent and any necessary assistants, who shall be in attendance at the project site during performance of the work. B. Superintendent shall be on the jobsite to the minimum level specified herein, but in all cases whenever a Subcontractor is working on the project. C. Related work specified elsewhere: 1. General and Supplementary Conditions of the Contract. 2. Section 0 10 10, Summary of Work. 3. Section 01040, Coordination. 4. Section 01046, Access to Site. 1.02 QUALIFICATIONS A. Contractor shall employ a competent superintendent to supervise and coordinate all construction and jobsite administration tasks for the duration of the project. 1. Superintendent shall be a regular employee of the Contractor's firm, unless the use of a contract employee is approved and authorized by the Owner in writing. 2. Superintendent shall have a general knowledge of the building type and type of construction proposed for this project, and shall have successfully completed at least one (1) project of similar size and complexity in the past five (5) years, serving in a similar capacity. 3. Restoration and Preservation Projects: Superintendent shall have completed at least one (1) project requiring adherence to the Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, or other project under rehabilitation guidelines of the Colorado Historical Society in the past five (5) years. 4. Contractor shall submit a written resume, references for similar completed projects and other supporting documents to verify the qualifications of the person(s) to be employed as superintendent for this project, if requested by the Owner. 1.03 REQUIRED LEVEL OF SUPERVISION A. Superintendent shall be present at the jobsite until Substantial Completion on a full-time basis. 1. Superintendent shall be present at the jobsite whenever a Subcontractor is working on the project. 2. Superintendent shall be present during any municipal or utility inspection. 3. Superintendent shall be present at any scheduled or Owner- or Architect - requested meeting. 01041 -1 0237.07 B. Superintendent shall be present at the jobsite after Substantial Completion and through project closeout as follows: 1. Superintendent need not be onsite full time during this period, except as noted below. 2. Superintendent (need not) shall be present at the jobsite when punchlist work is being completed. END OF SECTION �.W 01041 - 2 rng7 m SECTION 01045 CUTTING AND PATCHING PART GENERAL 1.01 WORK INCLUDED A. Requirements and limitations for cutting and patching of the work. Cutting and patching shall be as required to provide a complete and finished project. B. Related work specified elsewhere: 1. Section 01600, Materials and Equipment: Substitutions. 2. Section 02070, Selective Demolition. 1.02 SUBMITTALS A. Submit written request in advance of cutting or alteration which affects: 1. Structural integrity of any element of the project. 2. Building, fire, life safety or handicapped accessibility compliance of the project. 3. Integrity of weather -exposed or moisture -resistant elements. 4. Efficiency, maintenance or safety of any operational element. 5. Visual or aesthetic qualities of sight -exposed elements. 6. Historic materials, details or fabric of the structure. B. Include in request: 1 . Location and description of affected work. 2. Necessity for cutting or alteration. 3. Description of proposed work and products to be used. 4. Alternatives to cutting and patching. 5. Effect on work of Owner or separate Contractor, if any. 6. Date and time work will be executed. PART 2 PRODUCTS 2.01 MATERIALS A. Materials used in cutting and patching shall be those required for, or to match, original construction. B. For any change in materials, submit request for substitution in accordance with Section 01600. PART 3 EXECUTION 3.01 PREPARATION A. Restoration and Preservation Projects: If historical or archaeological resources are encountered during excavation or construction of this project, the Contractor shall stop work and notify the Owner and the Office of Archaeology and Historic Preservation, Colorado Historical Society. Work shall not proceed until authorized in writing by the 01045 - 1 0237.07 Owner. _ 3.02 CUTTING AND PATCHING A. Execute cutting, fitting and patching as required for a complete and finished project. 1. Contractor shall be responsible for cutting and patching as required for the completion of the work. No cutting shall be done without approval of the Architect or Owner as to location, method and extent of cutting. 2. Fit work tight to adjacent elements. Maintain integrity of wall, roof, ceiling or floor constructions and finishes. Refinish surfaces to match adjacent finishes. 3. Minimize extent of necessary cutting and patching. Thoroughly explore alternatives to cutting and patching. -- 4. Remove and replace defective and non -conforming work. 5. Provide openings in elements of the work for mechanical and electrical penetrations, work of other trades or Subcontractors. B. Under no circumstances shall cutting and patching be allowed to areas of historical significance without the prior review, approval and authorization of the Owner and the Colorado Department of Transportation. C. Cutting, patching and fitting shall be performed by personnel or subcontractors skilled in the particular trades or Sections of the work involved. D. Perform cutting by methods which will prevent damage to other portions of the work and provide proper surfaces to receive installation of repair and new work. E. Perform fitting and adjusting of products to provide finished installation complying with the specified tolerances and finishes. END OF SECTION 01045 - 2 0237.07 described on the Drawings or specified in the Specifications without — consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such — application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable — objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. 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. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable — objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may — be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and = attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 7/96 Section 00100 Page 4 SECTION 01046 P ACCESS TO SITE PART 1 GENERAL 1.01 OWNER'S USE OF PREMISES A. The City of Fort Collins shall fully occupy the existing facility, parking areas and grounds during construction of this project, except for specific areas designated strictly for use by the Contractor as specified in paragraph 1.02. B. It is the intent of the Owner not to disturb the normal functions of the complex, visitors, employees, vendors, suppliers, contractors or related outside businesses during the work of this project. C. The City of Fort Collins (the Owner) shall not occupy or use any portion of the building or site until Substantial Completion of the project. D. Refer to paragraph 1.04 below for special site restrictions. E. The Owner's principal representative on this project shall be Steve Seefeld. Mr. Seefeld shall be the only representative of the Owner with access to the site with or without the Contractor's knowledge, permission or guidance. G. Related conditions specified elsewhere: 1. Section 01010, Summary of Work. 2. Section 01040, Coordination. 3. Section 01060, Regulatory Requirements. 4. Section 01510, Temporary Utilities. 5. Section 01590, Field Offices and Sheds. 1.02 CONTRACTOR'S USE OF PREMISES A. Contractor shall have access to the site of new construction as required for the successful completion of the project, as arranged at the Pre -Construction Conference. B. Site area affected by construction access, construction activities, employee parking and material storage areas is to be minimized. 1. General limits of the site access are as shown on the site plan in the Drawings. Final limits shall be as determined at the Pre -Construction Conference. 2. Owner's access to non -effected areas of the site shall be maintained at all times. Employee parking areas will be maintained throughout the duration of the project, as determined at the Pre -Construction Conference. 3. Contractor's employees and subcontractors shall not park on the public streets adjacent to the site. C. Access to areas of the existing facility affected by construction activities of the project is to be minimized. 1. Schedules for construction activities within the existing facility shall be submitted to the Owner for approval a minimum of seven (7) days prior to beginning work. 2. Access to areas of new construction through the existing facility will not be allowed. 3. Contractor shall protect all existing exterior and interior materials and finishes as determined at the Pre -Construction Conference. Contractor shall repair or replace any existing materials or finishes damaged as a part of this work at no 01046 - 1 0237.07 cost to the Owner, including damage to adjacent properties. _ 4. Contractor shall provide daily cleaning of the site and areas of the existing facility during the period of construction activity. ^' D. Contractor shall assume full responsibility for the protection and safekeeping of products under this Contract stored on the site and for completed work. E. Noise Control: Refer to Section 01560, Temporary Controls. F. Dust and Erosion Control: Refer to Section 01560,, Temporary Controls. G. Construction Hours: Refer to Section 01560, Temporary Controls. H. Toilet Facilities: Refer to Section 01510, Temporary Utilities. �- 1.03 CONSTRUCTION STAGING A. Contractor shall provide a staging and phasing plan for the Owner's review and approval at the Pre -Construction Conference, including: 1. Major materials to be stored on the site. — 2. Major equipment to be used in the work, with the proposed placement of this equipment during different phases of construction. 3. Field offices, trailers and storage sheds, including those proposed by major Subcontractors. 4. Limits of temporary site fencing, including access points. 5. Proposed location for construction vehicle and employee parking. — 6. Proposed phasing or sequencing of construction on the site. B. Rooftop Staging: Contractor's use of the roof area for storage of demolished or new materials shall be limited by the structural capacity of the roof structure. 1.04 SPECIAL SITE RESTRICTIONS A. The project is located on a downtown site, enclosed on each side by adjacent buildings, fronted by a public street with a public alley to the rear. Access to the roof and interior of the building for delivery of materials and other construction activities will be — restricted to locations and times as permitted by the City of Fort Collins. Contractor shall acquire any permits or other approvals as required for street or alleyway closures necessitated by the construction. Refer to Section 01060, Regulatory Requirements. — B. All construction access shall be via Howes Street; no construction access will be permitted from Cherry Street. END OF SECTION 01046 - 2 0237.07 SECTION 01060 REGULATORY REQUIREMENTS PART GENERAL 1.01 APPROVAL AND RECOMMENDATION AGENCIES A. The City of Fort Collins has jurisdiction for review and approval of the project, including but not limited to, the following departments: 1. Planning and Zoning. 2. Building Inspection. 3. Fire Prevention. 4. Engineering and Traffic Engineering. 5. Water/Wastewater Utility. 6. Stormwater Utility. 7. Electric Utility. 8. Handicapped Advisory Commission. B. Other entities having jurisdiction of this project, include but are not limited to: 1. State of Colorado Department of Public Health and Environment. 2. Larimer County Health Department. 3. State of Colorado Historical Society. 4. State of Colorado, Department of Transportation. 5. Water Utility. 6. Poudre Fire Authority. 7. Local Landmark Preservation Commission. C. Codes which have been adopted by City of Fort Collins applicable to the project include, but may not be limited to: 1. Uniform Building Code, 1997 Edition. 2. Uniform Code for Building Conservation, Current Edition. 3. Uniform Plumbing Code, 1997 Edition. 4. Uniform Mechanical Code, 1997 Edition. 5. CDOT Standard Specifications for Road and Bridge Construction. 6. NFPA 101, Life Safety Code, Current Edition. 7. National Electrical Code, Current Edition. 8. ANSI A117.1, American National Standards Institute Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People, Current Edition. 9. Americans with Disabilities Act, provisions for accessibility by physically handicapped people, 1990. 10. Miscellaneous health and safety codes and standards applied by the State of Colorado Department of Public Health and Environment. 11. Any other local, state or federal codes which are applicable. 12. In case of a conflict between referenced applicable codes, the one having the more stringent requirements shall govern. 1.02 SERVICES AND UTILITIES A. Utility services are provided to the area of the project by the following jurisdictions: 1. Water: City of Fort Collins Utilities Department. 01060 - 1 0237.07 2. Sanitary Sewer: City of Fort Collins Utilities Department. 3. Stormwater Drainage: Not Applicable. 4. Natural Gas: Xcel Energy. 5. Telephone: Qwest. 6. Cable Television: AT&T Broadband. 7. Electric: City of Fort Collins Utilities Department. B. Specific on- and off -site utility extensions and service lines are shown on the Drawings, except: 1. Natural gas. 2. Telephone. 3. Cable television. 4. Electrical primary service to location(s) of the transformer(s). The Contractor shall be responsible for coordinating the work of these outside utility providers, as well as the coordination of these utilities with those shown on the Drawings. Refer to Section 01040. 1.03 COMPLIANCE WITH APPLICABLE LAWS A. In addition to any applicable regulations referenced elsewhere, all Contractors shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto, including but not limited to: 1. National Environmental Policy Act of 1969, as amended, and the implementing regulations of HUD and of the Council on Environmental Quality providing for _ establishment of national policy, goals, and procedures for protecting, restoring and enhancing environmental quality. 2. The Clean Air Act of 1970 as amended, requiring that federal assistance will not be given and that license or permit will not be issued to any activity not conforming to the State implementation plan for national primary and secondary ambient air quality standards. 3. Davis -Bacon Fair Labor Standards Act requiring that, on all contracts and subcontracts which exceed $2,000 for federally -assisted construction, alteration or rehabilitation, laborers and mechanics employed by contractors or subcontractors shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. 4. Contract Work Hours and Safety Standards Act of 1962 requiring that mechanics and laborers employed on federally -assisted contracts which exceed $2,000 be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a work week. 5. Copeland "Anti -Kickback" Act of 1934 prohibiting and prescribing penalties for "kickbacks" of wages in federally -financed or assisted construction activities. 6. The Lead -Based Paint Poisoning Prevention Act - Title IV prohibiting the use of lead -based paint in residential structures constructed or rehabilitated with federal assistance, and requiring notification to purchasers and tenants of such housing of the hazards of lead -based paint and of the symptoms and treatment of lead -based paint poisoning. 7. Section 109 of the Housing and Community Development Act of 1974, as amended, providing that no person shall be excluded from participation (including employment), denied program benefits or subjected to discrimination on the basis of race, color, national origin or sex under any program or activity funded in whole or in part under Title I (Community Development) of the Act. 01060 - 2 0237.07 8. Title VI of the Civil Rights Act of 1964 prohibiting discrimination on the basis of race, color, religion or religious affiliation, or national origin in any program or activity receiving federal financial assistance. 9. Executive Order 11246 (1965), as amended by Executive Orders 11375, prohibiting discrimination on the basis of race, religion, sex or national origin in any phase of employment during the performance of federal or federally -assisted contracts in excess of $2,000. 10. Section 504 of the Rehabilitation Act of 1973, as amended, providing that no otherwise qualified individual shall, solely by reason of a handicap, be excluded from participation (including employment), denied program benefits or subjected to discrimination under any program or activity receiving federal funds. 1.04 HANDICAPPED ACCESSIBILITY A. Construction shall be in substantial compliance with the requirements of the American National Standards Institute Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People, ANSI A117.1, Current Edition, and the Americans with Disabilities Act, 1990. B. Refer to Section 01010, Summary of Work, for extent of handicapped accessible and handicapped adaptable construction. C. Refer to specific Sections of the Specifications for specific requirements relating to each section. 1.05 SAFETY OF LIFE, HEALTH AND PUBLIC WELFARE A. Contractor shall have sole responsibility for compliance on the job site with all applicable portions of the Williams -Steiger Occupational Safety and Health Act (OSHA) and compliance with the Equal Employment Opportunity Act (EEO). 1. Contractor shall fully comply with OSHA requirements for maintaining Material Safety Data Sheets (MSDS) on the site. B. Protection of life, health and public welfare as it relates to construction of the project is the responsibility of the Contractor. The Owner will not provide observation, inspection, supervision or any comment on plans, procedures or actions employed at the project as they relate to safety of life, health or public welfare. If conditions are imposed by the Owner which interfere with or imply actions detrimental to safety, written notice shall be returned to the Contractor for action prior to affecting any unsafe conditions. C. The Architect shall not have control or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures for safety precautions and programs in connection with the work, for the acts or omissions of the Contractor, subcontractors or any other persons performing any of the work or for the failure of any of them to carry out the work in accordance with the Contract Documents. 1. The Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, lead -based paint, polychlorinated biphenyl (PCB) or other toxic substances. Refer also to Section 02080, Hazardous Material Removal. 01060 - 3 0237.07 1.06 PERMITS AND FEES A. Refer to General and Supplementary Conditions. B. Contractor shall be responsible for all permits, fees and inspections required by the regulatory agencies referenced above, including but not limited to: 1. Subcontractor fees. 2. Any other local or state permits or fees. C. Owner shall be responsible for the following permits, fees and inspections required by the regulatory agencies referenced above, including but not limited to: — 1. Plan review fees. 2. Building permit fees. 3. Utility impact and plant investment fees, and other development fees. 4. Utility tap and meter fees. D. The Contractor shall be responsible for applying for, and acquiring, all building permits, inspections and any other permits required for the construction of this project, except as modified below. 1. The Drawings and Specifications shall be in the City of Fort Collins' review process during the bidding phase of the project. END OF SECTION 01060 - 4 0237.07 SECTION 01070 ABBREVIATIONS PART 1 GENERAL 1.01 DEFINITIONS A. Wherever used in these Specifications, the following abbreviations shall have the meanings indicated: AAMA American Architectural Manufacturers Association AASHTO American Association of State Highway & Transportation Officials ADA Americans with Disabilities Act AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ANSI American National Standards Institute ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWI Architectural Woodwork institute AWS American Welding Society AWWA American Water Works Association CDOT Colorado Department of Transportation CISPI Cast Iron Soil Pipe Institute CRSI Concrete Reinforcing Steel Institute CS Commercial Standard EEI Edison Electric Institute FS Federal Specifications IBBM Iron Body, Bronze Mounted IBC International Building Code IEEE Institute of Electrical and Electronics Engineers IRC International Residential Building Code ISA Institute Society of America IGCC Insulating Glass Certification Council LEED Leadership in Energy and Environmental Design MBMA Metal Building Manufacturer's Association MCC Motor Control Center MCIP Motor Control Instrument Panel MSL Mean Sea Level MSS Manufacturer's Standardization Society of the Valves and Fittings NBS National Bureau of Standards NEC National Electric Code NEMA National Electrical Manufacturers Association NFRC National Fenestration Rating Council NFoPA National Forest Products Association NPT National Pipe Thread NRS Non -Rising Stem NWMA National Woodwork Manufacturer's Association PIMA Polyisocyanurate Insulation Manufacturer's Association 01070 - 1 0237.07 RPM Revolutions per minute SDI Steel Deck Institute SJI Steel Joist Institute SMACNA Sheet Metal and Air Conditioning Contractors National Association, Inc. SPRI Single -Ply Roofing Institute TCA Tile Council of America UBC Uniform Building Code UCBC Uniform Code for Building Conservation UFC Uniform Fire Code UL Underwriter's Laboratories UMC Uniform Mechanical Code UPC Uniform Plumbing Code -- END OF SECTION A 01070 - 2 0237.07 SECTION 01200 PROJECT MEETINGS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Owner shall schedule and administer Pre -Bid and Pre -Construction Conferences. B. Contractor shall schedule and administer periodic progress meetings and specially called meetings throughout progress of the work. 1. Prepare agenda for meetings and conduct meetings. 2. Record the minutes, including significant proceedings and decisions. 3. Reproduce and distribute copies of minutes within five (5) days after each meeting to all participants in the meeting and parties affected by decisions made at the meeting. 4. Prepare and regularly update an "open items list" to document and track required decisions and pending changes. C. Representatives of contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. D. Owner's representative will attend meetings to ascertain that work is expedited consistent with Contract Documents and construction schedules. 1.02 PRE -CONSTRUCTION MEETING A. Owner shall schedule and administer the Pre -Construction Conference within five (5) working days after the date of Notice to Proceed. B. Location: A central site, convenient for all parties, designated by the Owner. C. Attendance: 1. Owner's principal representative. 2. Contractor's project manager and superintendent. 3. Major subcontractors. 4. Representative from Colorado Historical Society. D. Agenda: 1. Distribution and discussion of: a. List of major subcontractors. b. Project construction schedules. C. Schedule of Values. d. Contractor's staging plan. 2. Critical work sequencing. 3. Major equipment deliveries and priorities. 4. Project coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Proposal requests. C. Submittals, shop drawings and samples. d. Change Orders. e. Applications for Payment. f. Certified payroll reports for Davis -Bacon wage reporting, if applicable. 01200 - 1 0237.07 6. Adequacy of distribution of Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Field office, work and storage areas. b. Owner's use of site and grounds. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Safety and first -aid procedures. 12. Security procedures and temporary site or building fencing and enclosures. 13. Housekeeping procedures. 14. Pending changes and substitutions by Change Order. 15. Installation of project sign. 1.03 PROGRESS MEETINGS A I-4 C6- X Contractor shall schedule and administer regular weekly meetings as determined at the Pre -Construction Conference and specially called meetings as required. by progress of the work. Location of the Meetings: As designated by Contractor and coordinated with the Owner's principal representative, normally the Contractor's jobsite trailer. Attendance: 1. Contractor's project manager and on -site superintendent. 2. Owner's principal representative. 3. Architect and his professional consultants, as needed. 4. Subcontractors as appropriate to the agenda. 5. Others as appropriate. Suggested Agenda: 1. Review of work progress since previous meeting. 2. Field observations, problems and conflicts. 3. Review of off -site fabrication and delivery schedules. 4. Revisions to the construction schedule. 5. Progress and schedule during succeeding work period. 6. Review submittal schedules and expedite as required. 7. Maintenance of quality standards. 8. Pending changes and substitutions, with review of the proposed changes for: a. Effect on construction schedule and completion date. b. Effect on other contracts of the project. 9. Review of Contractor's application for progress/final payment. 10. Walk-through inspection of the work in progress by the Owner's representative, Architect and his consultants, as necessary, and General Contractor. Subcontractors will only be involved in these walk-throughs as requested by the Owner or Architect. END OF SECTION 01200 - 2 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 7/96 Section 00100 Page 5 SECTION 01310 CONSTRUCTION SCHEDULES PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall prepare and submit to the Architect estimated construction progress schedules for the work with subschedules of related activities which are essential to its progress. B. Submit revised progress schedules periodically. C. Related requirements specified elsewhere: 1. General and Supplementary Conditions, and Conditions of the Contract: Liquidated Damages. 2. Section 01040, Coordination. 3. Section 01200, Project Meetings. 4. Section 01340, Shop Drawings, Product Data and Samples. 5. Section 01700, Contract Close -Out. 1.02 FORM OF SCHEDULES A. Type: Schedules will be computer generated, using software specifically designed for this intent, and shall be capable of automatically adjusting critical path entries. B. Prepare schedules in a continuous flow, both daily and weekly formats. 1. Provide separate horizontal bar for each trade, supplier or subcontractor. 2. Horizontal Time Scale: Identify the first workday of each week. 3. Scale and Spacing: As required to allow space for notations and future revisions. 4. Minimum Size: 8-1/2" x 11 ". C. Format of Listing: Table of Contents of this project manual. D. Format of Scheduling: Chronological order of the start of each item of work. E. Identification of Listings: By major specification section numbers as a minimum. 1 . Listings shall be complete enough to include each item of work that is sizable enough to affect either the start of, or completion of, other areas of the work. 1.03 CONTENT OF SCHEDULES A. Construction Progress Schedule: 1. Show the complete sequence of construction by activity. 2. Show the dates for the beginning and completion of each major element of construction, based upon the Schedule of Values. 3. Substantial completion, punch list completion, final completion and contract close-out shall be included. B. Final Completion Schedule: Contractor shall update the latest progress schedule through contract close-out. C. Nothing in these requirements shall be deemed to be a usurpation of the Contractor's authority and responsibility to plan and schedule the work as he sees fit, subject to all other requirements of the Contract Documents. 01310 - 1 0237.07 1.04 SUBMISSIONS A. Submit initial schedule within fifteen (15) days after Award of Contract. 1. Owner/Engineer will review schedules and return review copy within ten (10) days after receipt, if modifications are required. 2. If required, resubmit within seven (7) days after return of review copy. B. Submit revised progress schedules with each Application for Payment indicating actual work progress in comparison to scheduled progress. Schedules will be reviewed at normally scheduled meetings, as set forth in Section 01200. C. Submit final schedule with contract close-out documentation. 1.05 DISTRIBUTION OF SCHEDULES A. Distribute copies of the reviewed schedules to: 1. Job site file. -- 2. Owner's representative. 3. Architect. 4. Other concerned parties. B. Instruct recipients to report promptly to the Contractor in writing any problems anticipated by the projections shown in the schedules. END OF SECTION 01310 - 2 09.37.07 SECTION 01340 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Coordinate and submit shop drawings, product data and samples required by the Contract Documents. B. Related requirements specified elsewhere: 1. Conditions of the Contract: Definitions and additional responsibilities of parties. 2. Section 01040, Coordination. 3. Section 01200, Project Meetings. 4. Section 01310, Construction Schedules. 5. Section 01720, Project Record Documents. 6. Division 15, Mechanical, and Division 16, Electrical. 1.02 SHOP DRAWINGS A. Drawings shall be presented in a clear and thorough manner, with sufficient detail and completeness to clearly illustrate all conditions of the specific installation. 1. Details shall be identified by reference to sheet and detail, schedule or room numbers shown on Contract Drawings. 2. Shop drawings shall be returned unreviewed if, in the opinion of the Owner or consultants, the drawings lack sufficient completeness or clarity to allow their review. B. Sheet size for all shop drawings shall be 8-1 /2" x 11 ", 11 " x 17" or 24" x 36 C. Quantity and Format: Unless otherwise directed by the Owner, provide the following: 1. Shop Drawings: One (1) reproducible and three (3) prints or copies. D. Cover Sheet: Each copy shall contain the Shop Drawing Identification Form, located at the end of this Section. 1.03 PRODUCT DATA A. Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. 4. Show wiring or piping diagrams and controls. B. Manufacturer's standard schematic drawings and diagrams: 1. Modify drawings and diagrams to delete information which is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. C. Quantity and Format: Unless otherwise directed by the Owner, provide the following: 1. Product Data: Minimum five (5) complete sets. 1.04 SAMPLES 01340 - 1 0237.07 A. Office samples shall be of sufficient size and quantity to clearly illustrate: 1. Functional characteristics of the product with integral related parts and attachment devices. 2. Full range of color, textures and pattern. B. Contractor shall coordinate and submit all samples requiring finish, texture or color selection by the Owner so that these materials may be reviewed by the Owner as a -- complete package. The Owner reserves the right to withhold finish and color selections until all such samples have been submitted. 1.05 CONTRACTOR RESPONSIBILITIES A. Contractor shall prepare and submit to the Owner a log of shop drawing, product data and sample submittals, indicating schedules for submission and review of individual products or equipment. B. Contractor shall coordinate and make submittals promptly, in accordance with the — approved submittal schedule. The Owner shall not be responsible for delays in the work caused by the Contractor's failure to make submittals in a timely manner, the completeness and/or accuracy of such submittals, or failure to allow adequate time for review of submittals by the Owner or his professional consultants. C. Contractor shall review shop drawings product data and samples prior to submission to Owner. Contractor shall determine and verify: 1. Quantities. 2. Field measurements. 3. Field construction criteria. 4. Catalog numbers and similar data. 5. Conformance with Specifications. 6. Completeness of submittal and compliance with the requirements of this — Section. D. Coordinate each submittal with requirements of the work and of the Contract Documents. Contractor shall coordinate submittals between related items of work prior to purchasing or fabricating. E. Review of shop drawings and submittals by the Owner/Engineer is only for general conformance with design intent of the project and general compliance with the _ information given in the Contract Documents. Contractor shall be responsible for meeting all requirements of the Drawings and/or Specifications, whether noted in the - Owner/Engineer review or not. F. Notify the Owner/Engineer in writing at time of submission of any deviations in the submittals from requirements of the Contract Documents. The Contractor must submit in writing any requests for modifications to the Drawings and Specifications. Shop drawings submitted to the Owner/Engineer for this review do not constitute "in writing" unless it is noted that specific changes are being requested. Changes by means of shop drawings become the sole responsibility of the Contractor. — G. Begin no fabrication or work which requires submittals until return of submittals with Owner/Engineer approval. 1.06 SUBMISSION REQUIREMENTS A. Make submittals promptly, in accordance with approved schedule and in such sequence as to cause no delay in the work or in the work of any other Contractor. B. Number of submittals required: 1. Shop Drawings: As specified in paragraph 1.02.C. 01340 - 2 0217.r17 2. Product Data: As specified in paragraph 1.03.C. 3. Samples: Submit one sample or set of samples of each item requested. 4. The Owner reserves the right to withhold review and approval of submittals until all required copies have been furnished. C. Submittals shall contain the following information, to be completed on the attached Shop Drawing Identification Form: 1. Date of submission and the dates of any previous submissions. 2. Project title and number. 3. Contract identification. 4. Names of: a. Contractor. b. Supplier. C. Manufacturer. 5. Field dimensions clearly identified as such. 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards such as ASTM or Federal Specification numbers. 8. Identification of any deviations from Contract Documents. 9. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria and coordination of the information within the submittal with requirements of the work and of Contract Documents. 1.07 OWNER RESPONSIBILITIES A. Upon receipt, Owner shall distribute submittals to his professional consultants as applicable. B. Owner and consultants shall review submittals in a timely manner, in accordance with the requirements of General and Supplementary Conditions. C. Owner shall return submittals to the Contractor, with stamp indicating approval, rejection, required revisions, or description of requirements for resubmittal, if applicable. D. Owner shall retain copy or copies of submittals. 1.08 RESUBMISSION REQUIREMENTS A. General: Make any corrections or changes in the submittals required by the Owner/Engineer and resubmit until approved. Resubmittals may be required for the following reasons: 1. Incomplete or unclear submittals, or submittals which have not first been reviewed and approved by the Contractor. 2. Lack of required number of copies of product data or shop drawings. 3. Extent of the revisions necessary in the submittal to meet the design intent and to be properly reviewed. 4. Materials and/or fabrication details that do not meet the design or technical requirements of the specifications. 5. All color and/or finish selections have not been submitted as a complete package. B. Shop Drawing and Product Data: Revise initial drawings or data and resubmit as speci- fied for the initial submittal. Identify any revisions made. C. Samples: Submit new samples as required for initial submittal. 01340 - 3 0237.07 1.09 DISTRIBUTION OF REQUIREMENTS A. Contractor shall distribute reproductions of shop drawings and copies of product data which carry the Owner/Engineer stamp of review to: 1. Job site file. 2. Record Documents file. 3. Subcontractors. 4. Supplier or fabricator. B. Architect shall distribute returned copies of shop drawings and product data to: 1. Owner's representative. 2. Consultants, as applicable. 01340 - 4 n9';7.m SHOP DRAWING IDENTIFICATION FORM DATE: PROJECT: ARCHITECT: ALLER•LINGLE ARCHITECTS, P.C. 712 WHALERS WAY, SUITE B-100 FORT COLLINS, CO 80525 (970) 223-1820 CONTRACTOR: NAME: ADDRESS: PHONE: SUBCONTRACTOR: NAME: CONTACT PERSON: ADDRESS: PHONE: PRODUCT(S): SPEC. SECTION(S): *STAMP* END OF SECTION 01340 - 5 0237.07 SECTION 01370 SCHEDULE OF VALUES PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit to the Owner and Architect a Schedule of Values allocated to the various portions of the work. Upon request of the Architect, support the values with data which will substantiate their correctness. B. Schedule of Values shall be used only as the basis for the Contractor's Applications for Payment. C. Related requirements specified elsewhere: 1. Conditions of the Contract. 2. Section 01026, Application for Payment. 1.02 FORM AND CONTENT OF SCHEDULE OF VALUES A. Schedule of Values shall be submitted to the Architect within fifteen (15) days of Award of Contract. B. Format: Contractor's standard forms or computer printouts. Identify schedule with: 1. Title of project and location. 2. Architect and project number. 3. Name and address of Contractor. 4. Contract designation. 5. Date of submission. C. Schedule shall list the installed value of the component parts of the work in sufficient detail to serve as a basis for computing values for progress payments during construction. 1. List separately the costs associated with the materials and labor for each component part of the work. D. Basis: At a minimum, the Table of Contents of this Project Manual shall be used as the format for listing component items. Contractor may include additional listings at their option. 1 . Identify each line item with the number and title of the respective major section of the Specifications. 2. Mechanical and Electrical: Provide separate line items for rough -in and finish work for all plumbing, mechanical and electrical work. E. For each major line item, list subvalues of major products or operations under the item. F. Contractor's overhead and profit shall be listed as a separate line item. G. The sum of all values listed in the schedule shall equal the total Contract Sum. END OF SECTION 01370-1 0237.07 SECTION 01400 QUALITY CONTROL PART GENERAL 1.01 REQUIREMENTS INCLUDED A. General quality control of the materials, equipment and labor for the project. B. Manufacturer's field services, support, and testing requirements. C. Related requirements specified elsewhere: 1. Section 01600, Materials and Equipment: Quality of materials and equipment to be installed in the work. 2. Division 15, Mechanical, and Division 16, Electrical. 1.02 QUALITY ASSURANCE A. Contractor Qualifications: General Contractor shall have completed at least three (3) projects requiring adherence to the Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, or other projects of similar size and complexity under rehabilitation guidelines of the Colorado Historical Society in the past five (5) years. B. Manufacturers: Where two or more units of the same class of equipment are required, these shall be the products of a single manufacturer. However, the component parts of the system need not be the products of the same manufacturer, unless otherwise specified. C. Design Criteria: 1. Design equipment for operations at an elevation of 4,900 feet above mean sea level, unless otherwise indicated in Division 15 and/or 16. 2. Coordinate details of the equipment with other related parts of the work, including verification that all structures, piping, wiring and equipment components are compatible. 3. Design equipment to operate under all conditions of load without objectionable sound or vibration. Sounds or vibrations noticeable outside of room in which equipment is installed, or annoying sounds or vibrations noticeable inside room, will be considered objectionable. Correct conditions considered objectionable to Architect/Engineer by means of approved vibration eliminators or by replacing equipment at Owner's option. 4. Nameplates: Provide a permanent operational data nameplate on each item of power -operated equipment indicating the manufacturer, product name, model number, serial number, speed, capacity, power characteristics, labels of tested compliances and similar essential operating data. Locate nameplates in easily read locations. D. Design underground piping systems, joints, couplings, valves, vaults and other appurtenances to function under all conditions of load to be encountered on the site, including but not limited to: 1. Soils conditions, including expansion and contraction. 2. Water table conditions. 01400 - 1 0237.07 -- 1.03 QUALITY CONTROL AND WORKMANSHIP A. Maintain quality control over suppliers, manufacturers, products, services, site conditions and workmanship to produce work of specified quality. B. Comply with industry standards, except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. C. Perform work by persons qualified to produce workmanship of specified quality. D. Secure products in place with positive anchorage devices designed for the appropriate loads and sized to withstand stresses, vibration and racking. — 1.04 MANUFACTURER'S INSTRUCTIONS A. When required by individual Specifications section, submit manufacturer's printed instructions in the quantity specified for delivery, storage, assembly, installation, startup, adjusting and finishing. B. Comply with manufacturer's instructions in full detail. Include each step in sequence. Should instructions conflict with Contract Documents, request clarification from Owner/Engineer before proceeding. C. When required by individual Specification section, submit manufacturer's written maintenance instructions for the Owner's use after occupancy. 1.05 MANUFACTURER'S CERTIFICATES A. When required by individual Specifications section, submit manufacturer's certificate, in — duplicate, that products meet or exceed specified requirements. 1.06 MANUFACTURERS' FIELD SERVICES A. When specified in respective Specifications section, require supplier and manufacturer - to provide qualified personnel to observe field conditions, installation and workmanship, startup, testing and balancing of equipment as applicable and to make appropriate recommendations. B. Representative shall submit written report to Owner listing observations and ^ recommendations. END OF SECTION 01400 - 2 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority' at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts ^ of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to " negotiate contract terms with the Successful Bidder, and the right to _ disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best 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 7/96 Section 00100 Page 6 `" SECTION 01410 TESTING PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Materials testing by an independent, approved testing laboratory including, but not limited to: 1. Concrete testing. 2. Compaction testing. 1.04 ACCESS TO SITE AND NOTIFICATION REQUIREMENTS A. Testing laboratory will be allowed access to the site as required in the performance of their work. Contractor shall provide testing laboratory at least 48 hours notice prior to time testing is required prior to the next phase of work. B. Restoration and Preservation Projects: If historical or archaeological resources are encountered during excavation or construction of this project, the Contractor shall stop work and notify the Owner and the Office of Archaeology and Historic Preservation, Colorado Historical Society. Work shall not proceed until authorized in writing by the Owner. 1.05 TESTING REQUIREMENTS A. Concrete: 1. Inspection and testing of concrete mix will be performed by an independent testing agent recommended by the Contractor and approved by the Owner. 2. Submit proposed concrete mix design to inspection and testing firm for review prior to commencement of work. 3. Test cylinders shall be taken and materials tested in accordance with require- ments of Section 03300. 4. If tests indicate that materials do not meet specified requirements, remove defective work, replace and retest at no additional cost to Owner. B. Compaction at Foundations, Building Slabs and Utility Trenches: 1. Testing of compacted fill materials shall be performed by an independent testing agent recommended by the Contractor and approved by the Owner. 2. Notify the Architect at completion of each phase of excavation prior to placement of backfill of all foundations and utility trenches. 3. When work of this Section or portions of work are completed, notify the testing laboratory to perform density test. Do not proceed with additional portions of work until results have been verified. 4. If tests indicate that compacted materials do not meet specified requirements, remove defective work, replace and retest at no additional cost to Owner. 01410 - 1 0237.07 C. Contractor shall conduct the following tests as specified in Division 2, Sitework and/or required by local jurisdiction with authority over the installation and testing of utility systems. 1. Pipe alignment tests. 2. Sewer infiltration tests. 3. Sewer exfiltration or air tests. 4. Pressure and leakage tests. 1.06 TESTING FEES — A. Fees for required materials testing will be paid for by the Owner as provided in the General and Supplementary Conditions. B. Fees for additional testing required due to improper performance of the work will be paid by the Contractor. 1.07 TESTING RESULTS A. Testing laboratory shall furnish copies of the required test results to the following: — 1. Owner's representative. 2. Structural Engineer for open -hole inspection, concrete and steel testing. 3. Contractor. _ END OF SECTION _ 01410 - 2 .« 0237.07 SECTION 01510 TEMPORARY UTILITIES PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain temporary utility services required for construction. Remove upon completion of work. B. Furnish, install and maintain temporary sanitary facilities for use by construction personnel. Remove upon completion of work. C. Related requirements specified elsewhere: 1. Section 01060, Regulatory Requirements. 2. Section 01530, Barriers and Enclosures. 3. Section 01560, Temporary Controls. 4. Section 01590, Field Offices and Sheds. 5. Section 01710, Cleaning: Trash removal during construction. 1.02 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with the current editions of all applicable building codes. Refer to Section 01060. B. Comply with applicable federal, state and local codes and regulations. C. Comply with applicable utility company requirements. 1.03 UTILITY FEES A. Utility charges and expenses for temporary construction usage for the following shall be paid by the Owner, unless indicated otherwise: 1. Temporary electricity. 2. Temporary construction water until installation and acceptance of the building's permanent plumbing systems. 3. Temporary heat and ventilation upon start-up of the building's permanent mechanical systems, when put into service during the construction period as specified in paragraph 2.03.C. B. Utility charges and expenses for temporary construction usage for the following shall be paid by the Contractor, unless indicated otherwise: 1. Installation or connection charge for temporary electricity, water, natural gas, propane or telephone service. 2. Temporary sanitary facilities. 3. Temporary local and long-distance telephone, including cellular. 4. Temporary heat and ventilation until start-up or use of the building's permanent mechanical systems, including the cost of fuel used during construction. 01510 - 1 0237.07 PART 2 PRODUCTS 2.01 MATERIALS A. General: Materials for temporary construction uses may be new or used but must be adequate in capacity for the required usage, must not create unsafe conditions and — must not violate requirements of applicable codes and standards. 2.02 TEMPORARY ELECTRICITY AND LIGHTING A. Contractor may utilize existing 120/240V power service in the existing facility. B. Install circuit and branch wiring with area distribution boxes located so that power and lighting is available throughout the construction area by the use of construction -type power cords. C. Provide adequate artificial lighting for all areas of work when natural light is not - adequate for work and for areas accessible to the public. D. Security Lighting: Provide temporary security lighting for temporary, secure materials storage area, as may be required by the Owner's or Contractor's Builder's Risk insurance. 2.03 TEMPORARY HEAT AND VENTILATION A. Contractor shall provide and maintain, at his own expense, all temporary heating, including all fuel and required attendance necessary to protect and dry all work during cold weather. B. 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. 1. Portable heaters shall be standard approved units complete with controls. Do - not store materials near sources of intense heat or open flame. C. Permanent building heating system may be used upon installation, testing and acceptance by the jurisdiction having authority over this area of the work, as allowed in Division 15, Mechanical. — 1. The project shall be substantially enclosed and secured with the building's permanent glazing systems and either construction or permanent hardware. 2.04 TEMPORARY TELEPHONE SERVICE A. Contractor shall install and maintain a job telephone. Contractor shall pay all costs for installation, maintenance, removal and service charges for local calls. Toll charges shall — be paid by the party who places the call. B. Telephones within the existing facility shall not be used by construction personnel during the construction period. 2.05 TEMPORARY WATER A. Contractor may utilize existing water service in the existing facility. 1. Contractor shall tap existing fire hydrant for construction water. Contractor shall be responsible for acquiring any necessary permit and installing temporary -- meter as required by the City of Fort Collins. ,. 01510 - 2 `" B. Contractor shall provide and maintain, at his own expense, all temporary construction water service to the site of construction. C. Install branch piping with taps located so that water is available throughout the construction area by the use of 50' hoses. Protect piping and fittings against freezing. 2.06 TEMPORARY SANITARY FACILITIES A. Contractor shall provide sanitary facilities for use by construction personnel in compliance with current laws and regulations. 1. Service, clean and maintain facilities and enclosures in accordance with local governing health agencies. B. Toilet facilities within the existing facility shall not be used by construction personnel during the construction period. C. New toilet facilities within the facility may be used by construction personnel upon installation, testing and acceptance by the jurisdiction having authority over this area of the work. Contractor shall provide routine cleaning and servicing of these facilities until occupancy by the Owner. PART 3 EXECUTION 3.01 INSTALLATION AND OPERATION A. General: Install and maintain temporary utility services in accordance with requirements of applicable federal, state and local codes and regulations, and applicable utility company requirements. B. Maintain and operate systems to assure continuous service. C. Modify and extend systems as work progress requires. 3.02 REMOVAL A. Completely remove temporary materials and equipment when use is no longer required, or upon completion of the work. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore permanent facilities used for temporary construction services to original or specified condition. 1. Prior to final inspection, remove temporary lamps and install new lamps in all lighting fixtures used during the construction period. 2. Prior to final inspection, clean permanent filters and replace disposable filters in all mechanical equipment used during the construction period. Clean ducts, blowers and coils if units were operated during the construction period without filters. END OF SECTION 01510-3 0237.07 SECTION 01520 CONSTRUCTION EQUIPMENT AND AIDS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish and maintain required construction equipment. B. Furnish, install and maintain required construction aids and remove upon completion of work. C. Related work specified elsewhere: 1. Section 01046, Access to Site. 2. Section 01510, Temporary Utilities. 3. Section 0 15 30, Barriers and Enclosures. 4. Section 01560, Temporary Controls. 5. Section 01590, Field Offices and Sheds. PART 2 PRODUCTS 2.01 MATERIALS A. General: Equipment and construction aids for temporary construction uses may be new, used or rental equipment, suitable for the intended purpose, but must not violate requirements of applicable codes and standards. 2.02 CONSTRUCTION EQUIPMENT A. Provide construction equipment as necessary to facilitate execution of the work, including but not limited to: 1. Miscellaneous hand tools. 2. Miscellaneous power tools. 3. Goggles, masks, hardhats and other personal safety equipment. 4. Cranes, forklifts and other material handling equipment. 5. Rolling or vibrating plate compactors. 6. Concrete batching and pumping trucks and equipment. 7. End loaders, scrapers, backhoes and other heavy equipment. 8. Air compressors. 9. Portable electrical generators. 10. Mortar batching equipment. 11. Drywall texturing equipment. 12. Paint spraying equipment. 13. Other equipment as required. 2.03 CONSTRUCTION AIDS A. Provide construction aids and temporary equipment required by personnel to facilitate execution of the work, including but not limited to: 1. Scaffolding, staging, ladders and platforms. 01520 - 1 0237.07 2. Stairs, ramps, runways and guardrails. 3. Hoists, platform lifts and chutes. 4. Concrete curing and thermal protection blankets. 5. Drop cloths and other protective materials. 6. Other facilities as required. PART 3 EXECUTION 3.01 PREPARATION A. Consult with Owner, review site conditions and other factors which affect construction 4 procedures and construction aids, including adjacent properties and public facilities which may be affected by execution of the work. B. Comply with applicable requirements specified in Divisions 2 through 16. C. Relocate construction aids as required by progress of construction, by storage or work requirements and to accommodate legitimate requirements of other subcontractors employed at the site. — 3.02 REMOVAL A. Completely remove temporary materials, equipment and services: 1. When construction needs can be met by use of the permanent construction; or 2. At completion of the project. B. Clean and repair damage caused by installation or by use of temporary facilities. 1. Remove foundations and underground installations for construction aids. 2. Grade areas of site affected by temporary installations to required elevations and slopes and clean the area. C. Restore permanent facilities used for temporary purposes to specified condition. END OF SECTION 01520 - 2 n2g7 n7 SECTION 01530 BARRIERS AND ENCLOSURES PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install, and maintain temporary construction barriers and enclosures. B. Furnish, erect, and maintain temporary site security fencing and gates. C. Furnish, erect and maintain temporary safety barricade fencing. D. Related work specified elsewhere: 1. Section 01030, Alternates. 2. Section 01046, Access to Site. 3. Section 01060, Regulatory Requirements. 4. Section 01510, Temporary Utilities. 5. Section 01520, Construction Equipment and Aids. 6. Section 01560, Temporary Controls: Dust partitions. 7. Section 01590, Field Offices and Sheds. PART 2 PRODUCTS 2.01 TEMPORARY CONSTRUCTION BARRIERS AND ENCLOSURES A. General: Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of the work, in compliance with applicable safety and other regulations. B. Safety Barricade Fencing: Refer to paragraph 2.08 below. 2.02 TEMPORARY SITE FENCING A. Prior to commencing work, Contractor shall, at his option, erect and maintain construction fencing to enclose an area for ground level construction activity, storage and waste removal, as approved by the Owner. 1. Fencing Materials: Panelized, chain -link fencing with crossed X-type post supports, minimum 6'-0" high. 2. Refer to the approved staging plan for approximate limits of site area to be fenced for construction activities and storage. B. Provide vehicular and pedestrian access gates, with locks, as appropriate for construction access. 1. Furnish Owner's principal representative with keys to the lock of the primary access gate. C. Do not attach temporary fencing to any existing permanent construction, including buildings, trees, retaining walls, walks or pavements. D. Promptly remove temporary fencing materials upon completion of sitework, rough grading and asphalt paving and restore area to original condition. Contractor shall repair or replace any existing materials or equipment damaged as a part of this work at no cost to the Owner. 01530 - 1 0237.07 1. Fencing shall remain in place until building is secured. 2. Fencing shall be removed prior to finish grading, installation of underground sprinkler system and landscaping. 2.03 MISCELLANEOUS TEMPORARY WALL AND ROOF CLOSURES - A. Provide temporary weathertight enclosure of exterior roof and walls for successive areas of the building as work progresses to provide acceptable working conditions, provide weather protection for materials, allowing for effective temporary heating and to prevent entry of unauthorized persons. 1. Provide temporary secure and fixed panels for double hung window openings. 2. Enclosures shall be removable as necessary for work and for handling of -- materials. 3. Provide enclosures for protection of areas designated for use by Owner during construction. Refer to Section 01046, Access to Site. 2.04 SAFETY BARRICADE FENCING A. Prior to commencing any sitework within any street, alley, public sidewalk or other right-of-way, Contractor shall prepare and submit a traffic lane closure plan to the City of Fort Collins for approval. 1. Plan shall clearly indicate how both vehicular and pedestrian traffic shall be safely accommodated and maintained during construction. B. Prior to commencing such work, Contractor shall erect and maintain protective safety _ barricade fencing around the areas of work, as required by the approved plan. 1. Approved Materials: Expanded plastic fencing. 2. Color: Orange, or as approved by the governing agency with jurisdiction over this work. Refer to Section 01060. C. Provide adequate room within fenced enclosures for workers and construction activities. D. Maintain all required clearances for vehicular and/or pedestrian circulation within public right-of-ways that will be allowed during the construction period. Refer to Section 01046. _. E. Consult with the City of Fort Collins for any additional barricading or public safety requirements. F. Promptly remove temporary safety fencing upon completion of work and restore site area to original condition. Contractor shall repair or replace any existing materials or finishes damaged as a part of this work at no cost to the Owner. END OF SECTION 01530 - 2 0237.07 SECTION 01560 TEMPORARY CONTROLS PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain temporary facilities required for dust, erosion and pollution control. B. Implement and maintain temporary controls required for noise and construction work hours limitations. C. Related requirements specified elsewhere: 1. Section 01010, Summary of Work: Special site restrictions. 2. Section 01040, Coordination. 3. Section 01046, Access to Site. 4. Section 01510, Temporary Utilities. 5. Section 01530, Barriers and Enclosures: Cold -weather construction enclosures. PART 2 PRODUCTS 2.01 MATERIALS A. General: Materials for temporary controls may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions and must not violate requirements of applicable codes and standards. 2.02 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. Implementation of such require- ments will be at the sole discretion of the Owner or the City of Fort Collins. B. Furnish materials, erect and maintain temporary dust partitions to seal portions of the building and equipment to remain in use during the construction period from affected areas of the project. 1. Partition Sheeting: Translucent or clear polyethylene sheets, 6-mil thickness minimum. C. Partitions shall be attached to the existing building so as not to damage or mar materials or finishes. D. Promptly remove temporary partitions upon completion of the work and restore materials and finishes to original condition. Contractor shall repair or replace any existing materials or finishes damaged as a part of this work at no cost to the Owner. 2.03 POLLUTION CONTROL A. Contractor shall take all necessary precautions to prevent spilling or littering of water - polluting substances. Do not allow any foreign materials to be dumped into any portion of the sewer or storm drainage collection system or into any water runoff collection 01560 - 1 0237.07 CARP 1001-001 05/01 /2003 Rates Fringes Carpenter (Including Formbuilding and Metal Stud Work) .................. $ 22.10 6.20 CAR P2834-001 05/01 /2003 Rates Fringes Millwright ..................... $ 24.49 6.66 ELEC0068-009 06/01/2003 Rates Fringes Electrician (Including Low Voltage Wiring and Installation of Communications Systems, Security Systems, Telephones, and Temperature Controls) ................... $ 27.91 8.67 ELEV0025-002 01/01/2003 Rates Fringes Elevator Constructor ........... $ 26.935 9.355+a FOOTNOTE: a. Employer contributes 8% of basic hourly rate for over 5 years' service and 6% basic hourly rate for 6 months' to 5 years' service as Vacation Pay Credit. SEVEN PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Friday after Thanksgiving Day; and Christmas Day. and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 7/96 Section 00100 Page 7 basin. The Contractor shall be responsible for all labor, equipment and materials necessary to remedy any such pollution as deemed appropriate by governing agencies with such jurisdiction. B. No burning of debris or any other air -polluting methods or equipment will be allowed. All motorized equipment shall be adjusted to minimize exhaust pollution. C. Contractor shall prevent fumes from roofing materials and equipment from being drawn into the existing facility's air intake system. Equipment shutdowns shall be scheduled as specified in Section 01040. PART 3 EXECUTION 92 3.01 GENERAL A. Construction Work Hours: Construction activity will be limited to 7:00 a.m. to 5:00 p.m. Monday through Saturday during the construction period, except as limited in paragraphs 3.01.13. and 3.02. Sunday or holiday construction will not be allowed. B. Specific activities that may limit the Contractor's working hours, if applicable, shall be determined at the Pre -Construction Conference. 3.02 NOISE CONTROL A. Construction activities that generate noise in excess of 85 db shall be limited to hours as established at the Pre -Construction Conference. _ 1. Prohibited after 5:00 p.m. every weekday, unless approval is obtained ly mew Owner. 2. Prohibited on Saturdays, Sundays and holidays, unless approval is obtained " F W Owner. END OF SECTION 01560 - 2 0237.07 SECTION 01580 PROJECT SIGN PART GENERAL 1.01 WORK INCLUDED A. Contractor shall prepare, erect and maintain one painted project sign. B. Restoration and Preservation Projects: A sign acknowledging funding from the Colorado Department of Transportation and the City of Fort Collins to be erected and maintained by the Contractor. C. No other signs or advertisement will be allowed without the Owner's approval. D. Related work specified elsewhere: 1. Section 09900, Painting. PART PRODUCTS 2.01 MATERIALS A. General: The project sign shall be constructed as detailed on the Drawings or attached hereto. B. Sign Material: 3/4" thick plywood, A/C, exterior APA, conforming to PS1 standards. 1. Size: Sign shall be cut from nominal 4'-0" x 8'-0" plywood sheet, as detailed on the attached drawing. C. Posts: Vx4" Hem -Fir or Douglas Fir, S4S, conforming to PS 20 standards. PART 3 EXECUTION 3.01 GENERAL A. Architect shall review signage copy for correctness and completeness prior to beginning work. 1. Special graphics or logo requirements will be furnished to the sign fabricator by the Owner and/or Architect. B. Project sign shall be erected within two (2) weeks of Notice to Proceed and shall remain on the project site until completion of the project. C. Location of the sign shall be as arranged at the Pre -Construction Conference. D. The project sign shall remain the property of the Contractor and shall be promptly removed upon completion of the project. E. Colorado Department of Transportation sign shall be removed and returned upon completion of the project. 3.02 INSTALLATION A. Embed sign posts minimum 3'-011 . END OF SECTION 01580 - 1 0237.07 SECTION 01590 FIELD OFFICES AND SHEDS PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain temporary construction offices and secured storage facilities. B. Related work specified elsewhere: 1. Section 01046, Access to Site. 2. Section 01530, Barriers and Enclosures. PART 2 PRODUCTS 2.01 TEMPORARY FIELD OFFICES A. Contractor may provide and maintain a secured, weathertight office, no larger than 12' x 20', for use by Contractor, Architect, consultants, Owner's representative and subcontractors. Building shall be the property of the Contractor and shall be promptly removed upon completion of the project. Location for the building shall be as arranged at the Pre -Construction Conference. 1. Structures shall be provided and maintained in good condition, as determined by the Owner's representative. 2. Signage and other advertising allowed on the structures shall be as determined at the Pre -Construction Conference. B. Existing Facilities: A portion of the trolley car barn may be used as a temporary field office, if approved by the Owner. C. Facilities may include, but not be limited to: 1. Conference table and chairs for minimum six (6) persons.. 2. Bottled, chilled water dispenser and cups. 3. Plan rack or other facilities for storage of project record documents. 4. File cabinet or other facilities for storage of shop drawings, samples, color boards, installation instructions, materials data sheets, etc. 5. Adequate heat, air conditioning, ventilation and artificial lighting. 6. Other facilities as deemed appropriate or necessary by the Contractor. D. Facilities to be paid for by the Owner as Division 1 expenses shall be subject to the approval of the Owner. 2.02 STORAGE SHEDS A. Contractor shall provide and maintain secured, weathertight storage sheds or enclosures for tools, materials and equipment requiring such conditions, with adequate heat and ventilation. Provide space for organized storage, and access and artificial lighting for inspection of stored materials. 1 . Structures shall be provided and maintained in good condition, as determined by the Owner's representative. 01590 - 1 0237.07 2. Signage and other advertising allowed on the structure shall be as determined at the Pre -Construction Conference. B. Temporary Site Fencing: Refer to Section 01530. C. Security Lighting: Provide temporary security lighting for temporary, secure materials storage area, as may be required by the Owner's or Contractor's Builder's Risk insurance. Refer to Section 01510, Temporary Utilities. PART 3 EXECUTION 3.01 REMOVAL OF TEMPORARY FACILITIES A. Completely remove temporary facilities when use is no longer required, or upon completion of the work. B. Clean and repair damage caused by temporary installations or use of temporary — facilities. C. Restore permanent facilities used for temporary construction services to original or specified condition. END OF SECTION r nw 01590 - 2 Yµ 0237.07 SECTION 01600 MATERIAL AND EQUIPMENT PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Material and equipment incorporated into the work: 1. Conform to applicable specifications and standards. 2. Comply with size, make, type and quality specified, or as specifically approved in writing by the Owner/Engineer. 3. Manufactured and Fabricated Products: a. Design, fabricate and assemble in accordance with the best engineering and shop practices. b. Manufacture like parts of duplicate units to standard sizes and gages to be interchangeable. C. Two (2) or more items of the same kind shall be identical by the same manufacturer. d. Products shall be suitable for service conditions. e. Equipment capacities, sizes and dimensions shown or specified shall be adhered to, unless variations are specifically approved in writing. 4. Do not use material or equipment for any purpose other than that for which it is designed or specified. B. Provide specified maintenance materials, equipment and tools to the Owner at the completion of the project. C. Provide equipment or systems start-up, commissioning and operational testing, as specified in individual Sections. D. Related requirements specified elsewhere: 1. Conditions of the Contract. 2. Section 01010, Summary of the Work. 3. Section 01040, Coordination. 4. Section 01340, Shop Drawings, Product Data and Samples. 5. Section 01400, Quality Control. 6. Section 01710, Cleaning. 7. Section 01730, Operating and Maintenance Data. 1.02 MANUFACTURER'S INSTRUCTIONS A. When Contract Documents require that installation of work shall comply with manufacturer's printed instructions, contractor shall obtain and distribute copies of such instructions to parties involved in the installation, including two (2) copies to the Owner. 1. Maintain one (1) set of complete instructions at the job site during installation and until completion. B. Handle, install, connect, clean, condition and adjust products in strict accordance with such instructions and in conformity with specified requirements. 1. Should job conditions or specified requirements conflict with manufacturer's instructions, consult with Owner for further instructions. Do not proceed with work without clear instructions. 01600 - 1 0237.07 C. Perform work in accordance with manufacturer's instructions. Do not omit any preparatory step or installation procedure, unless specifically modified or exempted by Contract Documents. 1.03 TRANSPORTATION AND HANDLING A. Arrange deliveries of products in accordance with construction schedules, coordinate to avoid conflict with work and conditions at the site. 1. Deliver products in undamaged condition in manufacturer's original containers or "^ packaging with identifying labels intact and legible. 2. Immediately upon delivery, inspect shipments to assure that materials and equipment are in compliance with approved submittals, required quantities have been provided and that products are properly protected and undamaged. B. Provide equipment and personnel to handle products by methods to prevent soiling or damage to products or packaging. 1.04 STORAGE AND PROTECTION A. Preparation for Shipment: 1. Prepare in a manner to facilitate unloading and handling. 2. Provide skids, boxes, crates or other effective shipping devices to protect materials, fixtures or equipment against damage from rough handling, moisture, dust, excessive heat or cold. 3. Protect painted surfaces against impact, abrasion, discoloration and other damage. 4. Apply grease packing or lubricating oil to all bearing and similar items. 5. Tag or mark each item as identified in the delivery schedule or on the shop _ drawings. Package or bundle items consisting of multiple similar pieces. Tag or mark the package or bundle. 6. Include complete packing lists or bills of material with each shipment. 7. Do not ship equipment requiring cranes or special equipment for unloading or handling without notice or until Contractor is prepared to receive and care for it properly. 8. Protect electrical equipment, controls and insulation from moisture or water damage. B. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. 1. Store products subject to damage by the elements in weathertight enclosures. 2. Maintain temperature and humidity within the ranges required by manufacturer's instructions. C. Exterior Storage: 1. Store fabricated products above the ground on blocking or skids. Prevent soiling or staining. Cover products which are subject to deterioration with impervious " sheet coverings. Provide adequate ventilation to avoid condensation. 2. Store wood and wood products above the ground on blocking or skids, and cover to protect from weather exposure. D. Arrange storage in a manner to provide easy access for inspection. Make periodic inspections of stored products to assure that products are maintained under specified conditions and free from damage or deterioration. 01600 - 2 m.a7 m E. Protection after Installation: 1 . Protect materials, fixtures and equipment with original protective wrappings until Substantial Completion of the project, as specified in individual Sections, to include but not be limited to: a. Factory -finished wood doors. b. Custom cabinetry and casework. C. Toilet and bath fixtures and faucets. d. Finish hardware items. 2. Provide substantial coverings as necessary to protect installed products from damage from traffic and subsequent construction operations. Remove when no longer needed. 1.05 SUBSTITUTIONS AND PRODUCT OPTIONS A. Products List: 1. Within thirty (30) days after Award of Contract, submit to Owner a complete list of major products proposed to be used with the name of the manufacturer and the installing Subcontractor. B. Contractor's Options: 1. For products specified only by reference standard, select any product meeting that standard. 2. For products specified by naming several products or manufacturers, select any one of the products or manufacturers named which complies with the specifications. 3. For products specified by naming one or more products or manufacturers and "or equal", Contractor shall submit a request for substitutions of any product or manufacturer not specifically named. 4. Manufacturer's material or equipment listed in Schedules, Specifications or on the Drawings are types to be provided for establishment of size, capacity, grade and quality. If other acceptable manufacturers are used, cost of any change in construction required by their use shall be borne by the Contractor. C. Contractor shall use any approved equal material or equipment at no additional cost to the Owner if the material or equipment used in his Bid is unavailable or causes undue delay in fabrication or delivery. PART 2 PRODUCTS 2.01 MATERIALS A. General: Use materials of commercial quality suitable for the anticipated service conditions. B. All materials and equipment to be installed in the permanent construction shall be new, unless otherwise permitted. C. Unless required otherwise, use components of standard sizes to assure future availability and permit field installation of repair parts. Make like parts of duplicate units interchangeable. D. Contractor to provide a Certificate of Material for all building materials that apply to this Project. 01600 - 3 0237.07 2.02 FABRICATION AND MANUFACTURE A. Workmanship and Materials: Design, fabricate and assemble equipment in accordance with the best engineering and shop practice. B. Lubrication: 1. Include lubrication systems which do not waste lubricants, require attention during startup or shutdown or more frequently than weekly during normal operation. 2. Furnish sufficient lubricants of the type recommended by the equipment manufacturer to fill lubricant reservoirs and replace consumption during startup, testing and operation prior to the Owner's acceptance of the equipment. C. Drive Units: Refer to Division 15, Mechanical, and/or Division 16, Electrical. D. Anchor Bolts: 1. Furnish with each piece of equipment required to be anchored. 2. Minimum Diameter: 3/4", or as indicated on the Drawings. 3. Minimum Length: Provide for required embedment in structural concrete and extend through concrete base, 1-1/2" of grout, base plate and nuts. Concrete base will be 4" thick, unless otherwise indicated. 4. Include two (2) nuts with each bolt. 5. Deliver anchor bolts with templates or setting drawings in time for installation when structural concrete is placed. — E. Equipment Bases: 1. Include a cast iron or welded base plate with each pump, compressor and similar equipment installed on concrete base, if applicable. — 2. Design to support both the driven unit and its drive assembly on a single base plate. 3. Support all equipment to be set on floor with 4" minimum concrete base. 4. Include grout holes and provisions for anchor bolts. 5. Include raised lip all around and a threaded drain connection with base plates for pumps. F. Special Tools and Accessories: 1. Furnish all special tools, instruments and accessories required for proper mainte- nance. .r 2. Furnish such special devices as are required for proper lifting and handling. G. Shop Painting: Refer to Section 09900, Painting. 1. Protect iron and steel surfaces with paint or other protective coating applied in the shop. 2. Use coating good for anticipated useful life of equipment on surfaces inaccessi- ble after assembly. 3. Finish exposed surfaces smooth, clean and filled to obtain uniform base for paint. 4. Apply one (1) or more shop coats of a primer capable of protecting surfaces to receive finish paint coats after installation. 5. Apply finish coats in the shop with a high-grade oil -resistant enamel on electric motors, speed reducers, starters and other self-contained or enclosed components. 6. Do not paint machined, polished or non-ferrous surfaces. Coat such surfaces with rust -preventive compound, Houghton Rust Veto 334, Rust-Oleum R-9 or equal. 01600 - 4 0937.07 PART 3 EXECUTION 3.01 INSTALLATION A. Install equipment with or under the guidance of qualified personnel having the knowledge and experience necessary for proper results. B. Arrange work to facilitate maintenance, repair or replacement of equipment. Locate services requiring maintenance on valves and similar units in front of services requiring less maintenance. Connect equipment for ease of disconnecting, with minimum of interference with other work. C. Locate operating and control equipment, dampers, valves, traps, clean -outs, motors, controllers, switchgears, drain points, maintenance items and devices for easy access. Install access panels where units are concealed by finished and similar work. D. Provide required clearances in front of, and around, equipment as necessary for access and ventilation. Comply with all applicable codes and regulations. 3.02 PLACING EQUIPMENT IN OPERATION A. Before starting up each system: 1. Check each piece of equipment for proper drive rotation, belt tension and any other condition which may cause damage to equipment or endanger personnel. 2. Clean, blow-out or flush lubricating oil, water systems and other pipelines. 3. Lubricate equipment in accordance with manufacturer's recommendations. 4. Test lubrication system safety interlocks and system performance. 5. Perform final alignment checks under observation of the Owner's principal representative and, where required, manufacturer's field representative. 6. Demonstrate that no abnormal stresses are transmitted to equipment from piping, ducts or other attachments. 7. Check anchor bolt tensions, grout and shims. Use calibrated torque wrenches for tightening anchor bolts. Do not overstress bolts. B. Place equipment into successful operation in accordance with the written instructions of the manufacturer or the instruction of the manufacturer's field representative, including required adjustment, tests and operation checks. 3.03 PERFORMANCE TESTS A. Tests may be required, whether or not specifically called for, to determine if equipment will perform as specified or guaranteed. Final acceptance of equipment, or Substantial Completion of that part of the work, is contingent upon acceptable test results. B. Do not conduct tests on equipment for which manufacturer's field service is specified, unless manufacturer's field representative is present and declares the equipment ready for test. C. Conduct tests as set forth in the Specifications, unless another manner is approved. D. Equipment or systems that fail to satisfy the performance requirements shall be modified or replaced at Owner/Engineer's option. If modifications are allowed, make modifications necessary to produce an installation which will satisfy the performance requirements. Retest after modifications or equipment replacement is complete. Modifications, additional equipment, retesting and structural, piping or electrical modifications necessary to accommodate modified equipment or replacement equipment shall be made at no additional cost. END OF SECTION 01600 - 5 0237.07 SECTION 01700 CONTRACT CLOSE-OUT PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Comply with requirements stated in Conditions of the Contract and in Specifications for administrative procedures in closing out the work. B. Related requirements specified elsewhere: 1. Conditions of the Contract: Fiscal provisions, legal submittals and additional administrative requirements. 2. Section 01026, Applications for Payment: Requirements for final payment. 3. Section 01050, Field Engineering: Surveying certificate and final completion survey. 4. Section 01310, Construction Schedules. 5. Section 01600, Material and Equipment: Maintenance materials. 6. Section 01710, Cleaning. 7. Section 01720, Project Record Documents. 8. Section 01730, Operating and Maintenance Data. 9. Section 01740, Warranties and Bonds. 10. Respective Sections of Specifications: Testing requirements and closeout submittals required of specific trades or subcontractors. 1.02 SUBSTANTIAL COMPLETION A. Definition of Substantial Completion: Refer to General and Supplementary Conditions of the Contract. B. When Contractor considers that the work is substantially complete, he shall submit to the Owner: 1. Written notice that the work or designated portion thereof is substantially complete. 2. "Punch list" of items to be completed or corrected, as determined by the Contractor prior to inspection by the Owner. 3. Temporary Certificate of Occupancy, or other evidence of acceptance by the building official or other authority with jurisdiction over the project. C. Within a reasonable time after receipt of such notice, Owner will make an inspection to determine the status of completion. D. Should Owner or Engineer determine that the work is not substantially complete: 1. Owner or Engineer will promptly notify the Contractor in writing, giving the reasons therefor. 2. Contractor shall remedy the deficiencies in the work and send a second written notice of substantial completion to the Owner. 3. Owner or Engineer will reinspect the work, as appropriate. E. When Owner concurs that the work is substantially complete, he will: 1. Prepare a Certificate of Substantial Completion on AIA form G704 or other Owner -provided form, accompanied by Contractor's list of items to be completed or corrected as verified and amended by the Owner. 01700 - 1 0237.07 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. _ 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. — END OF SECTION 7/96 Section 00100 Page 8 2. Submit the Certificate to the Owner and Contractor for their written acceptance of the responsibilities assigned to them in the Certificate. 1.03 FINAL INSPECTION A. When Contractor considers the work is complete, he shall submit written certification that: 1. Contract Documents have been reviewed, and that the work has been inspected for compliance with Contract Documents. -- 2. Work has been completed in accordance with Contract Documents. 3. Corrective or incomplete work has been completed from "punch lists" provided at Substantial Completion. -- 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Final cleaning has been completed and project is ready for final inspection. 6. Final Certificate of Occupancy has been issued. B. Owner will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Owner consider that the work is incomplete or defective: 1. Owner or 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 Owner that the work is complete. 3. Owner or Engineer will reinspect the work, as appropriate. _ D. When the Owner finds that the work is acceptable under the Contract Documents, he shall request the Contractor to prepare and deliver closeout submittals. E. Should Engineer perform reinspection due to failure of the work to comply with the claims of status of either Substantial or Final Completion made by the Contractor: 1. Owner will compensate Engineer for such additional services by change order to the A/E Agreement. _ 2. Owner will deduct the amount of such compensation from the final payment due the Contractor. 1.04 SYSTEMS TESTING A. Contractor shall conduct tests for operational systems and equipment as specified herein or as required by individual Sections, prior to Final Inspection. Testing of systems or equipment shall include but not be limited to: 1. Drainage and weathertightness of roofing systems. 2. Domestic water service, natural gas or other pressurized utilities. 1.05 CONTRACTOR'S CLOSE-OUT SUBMITTALS A. Evidence of compliance with requirements of governing authorities: 1. Certificate of Occupancy. 2. Certificates of Inspection, including plumbing, mechanical and electrical ^ systems. B. Final Completion Schedule: Refer to Section 01310. C. Project Record Documents: Refer to Section 01720. D. Operating and Maintenance Data, Instructions to Owner's Personnel: Refer to Section y 01730. 01700 - 2 0937.07 E. Warranties and Bonds: Refer to Section 01740. F. Evidence of Payment and Release of Liens: General and Supplementary Conditions. G. Test Results: Written approval from the testing agency for systems or equipment requiring final testing, as specified above. H. Certifications: Written certifications of material or equipment compliance, as required by Colorado Department of Transportation. 1.06 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Owner. Statement shall reflect all adjustments to the Contract Sum: 1. The original Contract Sum, including accepted Bid Alternates. 2. Additions and deductions resulting from: a. Previous Change Orders. b. Allowances. C. Unit prices. d. Deductions for uncorrected work. e. Penalties and bonuses. f. Deductions for liquidated damages. g. Deductions for reinspection payments. h. Other adjustments. 3. Total Contract Sum, as adjusted. 4. Previous payments. 5. Sum remaining due, including retainage. B. Contractor will prepare a final Change Order reflecting approved adjustments to the Contract Sum which were not previously made by Change Orders. 1.07 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract and Section 01026, Applications for Payment. END OF SECTION 01700 - 3 0237.07 SECTION 01710 CLEANING PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Execute cleaning during progress of the work and at completion of the work. B. Furnish, maintain and service trash removal dumpsters and/or roll -offs. C. Furnish, maintain and service recycling containers for construction materials, packaging and waste products. D. Related requirements specified elsewhere: 1. Conditions of the Contract. 2. Respective Sections of Specifications: Cleaning for specific products or work. 1.02 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with applicable codes, ordinances, regulations and anti -pollution laws. B. Disposal of waste materials, debris and rubbish shall be at a commercially -operated recycling center, legal dumpsite or landfill. 1. Contractor shall be responsible for all dump fees and expenses associated with hauling materials to the landfill. PART 2 PRODUCTS 2.01 CLEANING MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturers of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufac- turer. 2.02 WASTE REMOVAL CONTAINERS A. Furnish and maintain recycling, trash and waste removal dumpsters and/or roll -off dumpsters for the collection of waste materials, debris and rubbish, in quantities sufficient for the Work. 1 . Dumpsters shall be provided with tightly fitted covers to prevent debris from being blown out. 2. Roll -offs shall not be required to be covered, but shall be serviced frequently enough to prevent debris from accumulating and being blown out. 3. Individual recycling containers shall be maintained for paper, corrugated cardboard, and co -mingled containers for glass, plastic, aluminum and steel. General contractor shall be responsible for ensuring proper separation of recycled materials and delivery to acceptable recycling centers. 01710 - 1 0237.07 B. Location of roll -offs and trash dumpsters shall be as arranged at the Pre -Construction Conference. PART 3 EXECUTION 3.01 PROGRESS CLEANING A. Execute periodic cleaning to keep the work, the site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris resulting from construction operations. B. Maintain parking areas, access drives and city streets clean from mud and other debris. C. Remove recycling, waste materials, debris and rubbish from the site periodically and dispose of at legal commercial recycling centers, dump sites or landfills away from the site. -- 3.02 CLEANING PRIOR TO PAINTING A. Clean interior spaces prior to the start of finish painting and continue cleaning on an as- ~ needed basis until painting is finished. B. Schedule operations so that dust and other contaminants resulting from cleaning process will not fall on wet or freshly finished surfaces. C. Temporarily seal window and door openings prior to the start of finish painting to prevent windblown dust and other particulates from impairing wet or freshly finished surfaces. 3.03 FINAL CLEANING A. Final cleaning shall be performed by personnel or subcontractors skilled in this work. B. In general, the extent of final cleaning shall be to remove grease, mastic and adhesives, dust and dirt, stains, fingerprints, labels and other foreign materials from site -exposed interior and exterior surfaces. C. Interior cleaning shall include, but not be limited to: 1. Wash and polish glass, glazing and mirrors. Polish glossy surfaces to a clear shine. 2. Damp mop all wood floors. 3. Wipe down all finish carpentry, woodwork and cabinetwork. 4. Wipe down and polish toilet partitions, toilet and bath accessories, signage components and other specialties. 5. Broom clean and dry vacuum all interior sealed concrete floor slabs to be left exposed. Apply specified finish/sealer. D. Exterior cleaning shall include, but not be limited to: 1. Wash and wipe down doors and frames. 2. Wash and polish glass and glazing. E. Site cleaning shall include, but not be limited to: 1. Broom clean and wash down all areas of exterior concrete flatwork and asphalt paving. F. Ventilating Systems: 1. Clean permanent filters and replace disposable filters if units were operated during construction. ._ 01710 - 2 0237.07 2. Clean ducts, blowers and coils if units were operated without filters during construction. G. Prior to final completion or Owner occupancy, Contractor shall conduct an inspection of the site, all site -exposed interior and exterior surfaces and all work areas to verify that work of the entire project is clean. END OF SECTION 01710-3 0237.07 SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Maintain at the site one (1) record copy of each of the following documents: 1. Drawings. 2. Addenda. 3. Change Orders and other modifications to the Contract. 4. Approved shop drawings, product data and samples. 5. Field test records. B. Related requirements specified elsewhere: 1. Section 01340, Shop Drawings, Product Data and Samples. 2. Section 01410, Testing. 1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Prior to beginning work, separate one (1) clean, complete set of project documents from construction sets and hold for record document purposes. The Owner will not furnish additional sets for the Contractor's use at the end of construction, unless compensated for by the Contractor. B. Store documents and samples in Contractor's field office apart from documents used for construction. Provide files and rack for storage of documents. C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D. Make documents and samples available at all times for inspection by the Owner, Engineers and Owner's representative. 1.03 RECORDING REQUIREMENTS A. Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B. Drawings shall be legibly marked to record actual construction: 1. Depths of various elements of foundation in relation to finished first floor datum. 2. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface locations. 3. Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. 4. Field changes of dimension and detail. 5. Changes made by field order or by Change Order. 6. Details not included in original Contract Documents. C. Specifications and Addenda shall be legibly marked to record: 1. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. 2. Changes made by field order or by Change Order. 01720 - 1 0237.07 1.04 SUBMITTALS A. At contract closeout, deliver all Record Documents to the Owner. B. Accompany submittal with transmittal letter containing: 1. Date, project name and number. 2. Contractor's name and address. 3. Title and number of each Record Document. a 4. Signature of Contractor or his authorized representative. C. Submit one (1) copy of approved data in final form no later than fifteen (15) days after final inspection or acceptance, but prior to applying for final payment. D. As -Recorded Documents shall be submitted, reviewed and accepted by the Owner prior to the Final Application for Payment being processed. E. Architect shall prepare and furnish the Owner with one (1) set of reproducible Record Documents in accordance with the Contract requirements. END OF SECTION 01720 - 2 " 0237.07 SECTION 01730 OPERATING AND MAINTENANCE DATA PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Compile product data and related information appropriate for Owner's maintenance and operation of products furnished for this project. 1. Prepare operating and maintenance data as specified in this Section and as referenced in other pertinent Sections of the Specifications. B. Instruct Owner's personnel in maintenance of products and in operation of equipment and systems. C. Related requirements specified elsewhere: 1. Section 01060, Regulatory Requirements. 2. Section 01340, Shop Drawings, Product Data and Samples. 3. Section 01700, Contract Close -Out. 4. Section 01720, Project Record Documents. 5. Section 01740, Warranties and Bonds. 6. Division 15, Mechanical, and Division 16, Electrical. 1.02 SUBMITTAL REQUIREMENTS A. Prepare data in form of an instructional manual for use by Owner's personnel. B. Format of Submittals: 1. Size: 8-1/2" x 11 ". 2. Paper: Manufacturer's printed data or neatly typewritten. 3. Drawings: a. Provide reinforced punched binder tab, bind in with text. b. Fold larger drawings to size of text pages. 4. Provide fly leaf for each separate product or each piece of operating equipment. a. Provide typed description of product and major component parts of equipment. b. Provide indexed tabs. 5. Cover: Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". List the following: a. Title of project. b. Identity of separate structure as applicable. C. Identity of general subject matter covered in the manual. C. Binders: 1. Commercial quality three-ring binders with durable and cleanable plastic covers, ring size as required. 2. When multiple binders are used, correlate the data into related, consistent groupings. D. Number of Manuals Required: Three (3) copies of each complete manual, including all general information and plumbing, mechanical, electrical and fire sprinkler sections. 01730 - 1 0237.07 1.03 CONTENT OF MANUAL A. Neatly typewritten Table of Contents for each volume arranged in systematic order. 1. Contractor, name of responsible principal, address and telephone number. 2. List of each product required to be included, indexed to content of the volume. 3. List with each product, name, address and telephone number of: a. Subcontractor or installer. b. Maintenance contractor as appropriate. C. Identify the area of responsibility of each. d. Local source of supply for parts and replacement. 4. Identify each product by product name and other identifying symbols as set forth in Contract Documents. B. Product Data: 1. Include only those sheets which are pertinent to the specific product. 2. Note each sheet to: — a. Clearly identify specific product or part installed. b. Clearly identify data applicable to installation. C. Delete references to inapplicable information. -. C. Drawings: 1. Supplement product data with drawings as necessary to clearly illustrate: a. Relations of component parts of equipment and systems. — b. Control and flow diagrams. 2. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. Do not use Record Documents as maintenance drawings. D. Written text as required to supplement product data for the particular installation: 1. Organize in consistent format under separate headings for different procedures. 2. Provide logical sequence of instruction for each procedure. E. Copy of each warranty, bond and service contract issued indicating: - 1. Proper procedures in the event of failure. 2. Instances which might affect validity of warranties or bonds. F. Copy of Material Safety Data Sheets (MSDS) for each product or material. 1.04 MANUALS FOR PLUMBING, MECHANICAL AND ELECTRICAL SYSTEMS A. Content for each unit of equipment and system as appropriate: — 1. Description of unit and component parts. 2. Operating Procedures: a. Start-up, break-in, routine and normal operating instructions. — b. Regulation, control, stopping, shutdown and emergency instructions. C. Summer and winter operating instructions. d. Special operating instructions. _ 3. Maintenance Procedures: a. Routine operations. b. Guide to "troubleshooting". C. Disassembly, repair and reassembly. d. Alignment, adjusting and checking. 4. Servicing and lubrication schedule, with list of lubricants required. 5. Manufacturer's printed operating and maintenance instructions. 6. Description of sequence of operation by control manufacturer. 01730 - 2 7. Original manufacturer's parts list, illustrations, assembly drawings and diagrams required for maintenance. 8. As -installed control diagrams by control manufacturer. 9. As -installed color -coded piping diagrams. 10. Charts of valve tag numbers with location and function of each valve. 11. List of original manufacturer's spare parts, manufacturer's current prices and recommended quantities to be maintained in storage. 12. Other data as required under pertinent Sections of Specifications. B. Content for each electric and electronic system as appropriate: 1. Description of system and component parts. a. Function, normal operating characteristics and limiting conditions. b. Engineering data and tests. C. Complete nomenclature and commercial number of replaceable parts. 2. Circuit directories of panelboards. a. Electrical service. b. Controls. C. Communications. 3. As -installed color -coded wiring diagrams. 4. Operating Procedures: a. Routine and normal operating instructions. b. Sequences required. C. Special operating instructions. 5. Maintenance Procedures: a. Routine operations. b. Guide to "troubleshooting". C. Disassembly, repair and reassembly. d. Adjustment and checking. 6. Manufacturer's printed operating and maintenance instructions. 7. List of original manufacturer's spare parts, manufacturer's current prices and recommended quantities to be maintained in storage. 8. Other data as required under pertinent Sections of Specifications. C. Prepare and include additional data when the need for such data becomes apparent during instruction of Owner's personnel. 1.05 SUBMITTAL SCHEDULE A. Submit specified number of copies of approved data in final form no later than fifteen (15) days after final inspection or acceptance, but prior to applying for final payment. B. Operating and maintenance manuals shall be submitted reviewed and accepted by the Owner prior to the Final Application for Payment being processed 1.06 INSTRUCTION OF OWNER'S PERSONNEL A. Prior to final inspection or acceptance, fully instruct Owner's designated operating and maintenance personnel in operation, adjustment and maintenance of products, equipment and systems. B. Operating and maintenance manual shall constitute the basis of instruction. C. Review contents of manual with personnel in full detail to explain all aspects of operations and maintenance. END OF SECTION 01730 - 3 0237.07 SECTION 00300 BID FORM SECTION 01740 WARRANTIES AND BONDS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall compile specified warranties and bonds and specified service and maintenance contracts. B. Review submittals to verify compliance with Contract Documents. C. Submit to Architect for review and transmittal to Owner. D. Related requirements specified elsewhere: 1. Instructions to Bidders: Bid or Proposal Bond. 2. Conditions of the Contract: Performance Bond and Labor and Material Payment Bond. 3. Conditions of the Contract: General Warranty of Construction. 4. Section 01700, Contract Close -Out. 5. Section 01730, Operating and Maintenance Data. 6. Respective Sections of Specifications which specify the product. 1.02 SUBMITTAL REQUIREMENTS A. General: Submit warranties, bonds and service and maintenance contracts as specified in respective Sections of Specifications. 1. Unless otherwise indicated, all warranties shall be written in the Owner's name, and shall be transferable to future Owner(s) for the duration of the warranty period. B. Assemble warranties, bonds and service and maintenance contracts, executed by each of the respective manufacturers, suppliers and subcontractors, bound with operating and maintenance data. Manuals are specified in Section 01730. C. Number of original signed copies required: Three (3) each, or as required by number of manuals specified in Section 01730. D. Table of Contents: Neatly typed in orderly sequence. Provide complete information for each item. 1. Product or work item. 2. Firm with name of principal, address and telephone number. 3. Scope of warranty, bond or service and maintenance contract. 4. Date of beginning of warranty, bond or service and maintenance contract. 5. Duration of warranty, bond or service and maintenance contract. 6. Provide information for Owner's personnel: a. Proper procedure in case of failure. b. Conditions which might affect the validity of warranty or bond. 7. Contractor, name of responsible principal, address and telephone number. E. Format of Submittals: 1. Format: Prepare in duplicate packets. 2. Size: 8-1/2" x 11" punched sheets for standard three-ring binder. Fold larger sheets to fit into binders. 01740 - 1 0237.07 1.03 SCHEDULE OF SUBMITTALS A. Submit documents within twenty-five (25) days after inspection and acceptance for —• equipment or component parts of equipment put into service during progress of construction. B. Otherwise make submittals within twenty-five (25) days after date of Substantial Completion, prior to final request for payment. C. For items of work where acceptance is delayed materially beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1.04 REQUIRED WARRANTIES AND BONDS A. Bid or Proposal Bond: Refer to Instructions to Bidders. B. Performance Bond: Refer to Conditions of the Contract. C. Labor and Material Payment Bond: Refer to Conditions of the Contract. D. General Warranty of Construction: Refer to Conditions of the Contract. Unless modified elsewhere, General Contractor shall warrant all construction materials and workmanship for a period of one (1) calendar year from the date of Substantial Comple- tion. E. Warranties: Provide required warranties for products, materials and equipment covering ^ defects in materials and workmanship for the time duration(s) specified in individual Sections. Where no specific warranty is mentioned, provide warranty coverages normally provided by the manufacturer for that product. _ 1. Unless otherwise indicated, all warranties shall be written in the Owner's name. 2. All warranties shall be transferable to future Owner(s) for the duration of the warranty period. F. Provide warranties and/or bonds for all products and services specified in the Drawings. F. Optional Bond(s): The Contractor shall retain the right to require Performance and/or Labor and Material Payment Bonds from any or all of his/her Subcontractors. G. Maintenance Agreements: None required. However, all Contractors and Subcontrac- tors shall be required to make service calls as requested by the Owner throughout the one-year general warranty period, at no additional expense to the Owner. END OF SECTION 01740 - 2 0237.07 , - SECTION 00300 BID FORM PROJECT: TROLLEY BARN INTERIOR REHABILITATION; Bid No. 5804 Place: 215 North Mason St. Fort Collins Date: September 2nd 2003 1. In compliance with your Invitation to Bid dated July 29m 2003 and subject to all conditions thereof, the undersigned Empire Carpentry a Limited Liability Company 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. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of $ 3,439.25 (5% of %8,785.00) in accordance with the Invitation To Bid and Instructions to Bidders. 4, The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be m accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. The undersigned Bidder hereby aclmowledges receipt of Addenda No. 1 through 2. Empire Carpentry LLC CONTRACTOR BY: Manager ADDRESS: PO Box 245 Bellvue, Colorado 80512 8. BID SCHEDULE (Base Bid) Lump Sum: Sixty-eight thousand seven hundred and eighty-five Dollars ($ 68,785.00) Including four ADD Alternates as described on the drawing: Sheet Al Add Alternate # 1 Provide and install five (5) new gas fired unit heaters $ 15,004.00 Add Alternate #2 Provide and install new R-22 batt insulation $ 720.00 Add Alternate #3 Provide and install new light fixtures & electrical outlets $ 11,200.00 Add Alternate #4 Refurbish three (3) steel sash windows $ 1,955.00 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. Signature RESPECTFULLY SUBMITTED: Date September 2, 2003 Title: Manager License Number : C-1 2 (Seal -if Bid is by corporation) Attest:, 7/96Section 00300 Page 2 Address: Empire Carpentry PO Box 245 Belivue, CO 80512 Phone: 970493-3499 Fax: 970493-2088 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410Bid Bond 00420Statement of Bidder's Qualifications 00430Schedule of Subcontractors 7/96 Section 00410 Page 1 ■ E e 0 a u • • 6800 76 LOSS • THE VARIABLE TONE BACKGROUND AREA OF THIS DOCUMEN I CHANGES COLOR GRADUALLY AND SMOOTHLY FR018 DARKER TONES AT BOTH TOP AND SOTTom TO THE LIGHTEST TONE IN THE TIIDDLE. SECTION 00420 STATEMENT OF BIDDER'S All questions must be answered and the data given must be clear and be notarized. If necessary, questions may be answered on separate at submit any additional information he desires. 1. Name of Bidder: Empire Carpentry LLC 2. Permanent main office address: PO Box 245 Bellvne, Coloi 3. When organized: September 1979 4. If a corporation, where incorporated: Colorado LLC 5. How many years have you been engaged in the contracting t trade name? 23 % years. & Contracts on hand: (Schedule these, showing the amount of anticipated dates of completion.) 1) Stabilize, for winter, the Caf6 in Dearlield, Colorado 2) Remove existing roof system off of residence and bu residence: $37,000.00.October 30's 2003. 3) Rehabilitation of the Franz -Smith Cabin for the Fort Unknown. General character of Work performed by your company: H stabilization of historic properties, including residences, Additions to existing structures. 8. Have you ever failed to complete any Work awarded to If so, where and why? No. 9. Have your ever defaulted on a contract? If so, where and why? No. 10. Are you debarred by any government agency? No. Section 00420 Page t ehensive. This statement must sheets. The Bidder may 80512 under your present firm or contract and the appropriate $10,700. November 20* 2003. d new one. Remodel wing. of Museum: $117,000.00. rehabilitation and -rcial, and registered. 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 Berrittini-Heath Remodel — Fort Collins Completed May 2003 1940's residential remodel $67,000 Massey Remodel — Bellvue, CO Completed May 2003 Contemporary residential remodel $98,319 Zeidner Residence — Fort Collins Completed Nov 2002 Coutempoary residential addition/ remodel $96,370 Laupa Garage — Fort Collins Historic stabilization/remodel $14,269 Nix Farm (Ft Collins Dept Nat Resources) — Fort Collins Historic restoration sub for Cottier Const $21,300 Dearfield Townsite (OT Jackson Home) — Dearfield, CO Historic stabilization $68,000 Haines Addition -Remodel — Fort Collins Addition/ Historic residential remodel $180,130 12. List your major equipment available for this contract. Skilled Labour. Completed Oct 2002 Completed Oct 2002 Completed Jun 2002 Completed Aug 2001 13. Experience in construction Work similar in importance to this project: 1) Buildings on the National Register Of Historic Places: Various rehabilitation and stabilization projects. 2) Log work: Manufacture of new sill IM to replace rotten members. 3) Window repair: Repair and rehabilitation of existing windows on various historic sites. 4) House moving: Have worked with house movers to re4ite various buildings. Overland Trail Stage Station Virginia Dale, Colorado Architect: Charles Mayhugh Funding: in part Colorado State Historical Fund Work completed: Stabilization of structure with new point load pier system, rebuilding of stone foundation (including locating similar stone), and replacement of rotted away, hand-hewn sill logs with replication of original mortise and tenon log joinery and hewing techniques. Section 00420 Page 2 OT Jackson Home Dearlield, Colorado Owner: Black American West Museum Architect: Andrews & Anderson Funding: in part Colorado State Historical Fund Work Completed: Helped assess the scope of work. Supervised the lifting and moving of house off existing foundation, excavation and placing of new concrete foundation. Supervised re -placement of house on new foundation, parging of foundation, rebuilding of chimneys, and laying of block foundation under addition. Repaired roof, walls, and floor structure to stabilize building. Repaired siding, facia, and other visual aspects. Rebuilt front porch structure. Built new storm windows to cover windows, and repaired window frames to support storms. Other carpentry, as needed by plans. One West Art Center (Old Fort Collins Post Office) Phase 1 201 South College Ave. Fort Collins, Colorado Architect: Hill and Associates National Register of Historic Places Work completed: Restoration of Corbels, rosettes, brackets, and fascia detail. Work done to Secretary of Interior's Standards for Rehabilitation. Earnest Waycott House 1501 West Mountain Ave. Fort Collins, Colorado National Register of Historic Places Work completed: Rehabilitation of the exterior including restoration of front.porch rail with original pieces and replacing missing pieces with similar, restoration of trim and soffitt detail, and repair/ repointing of sandstone foundation. Work done to Secretary of Interior's. Standards for Rehabilitation. Cross Residence 300 Peterson St. Fort Collins, Colorado Work Completed: Returning a duplex into it's original single family residence historically correct state. Manufacture trim to match existing trim (including newel posts). Remove and relay original fir floor. Stucco patching. Repair soft brick walls. Repair plaster walls. Saint Peter's Fly Shop 202 Remington Fort Collins, Colorado Work Completed: Supervise re -pointing of all masonry on building. Section 00420 Page 3 I RON0024-001 08/01 /2002 Rates Fringes Ironworker, Structural ......... $ 22.00 5.75 * PAIN0930-001 07/01/2003 Rates Fringes Glazier ........................ $ 25.35 6.20 PLAS0577-001 05/01 /2003 Rates Fringes Cement Mason/Concrete Finisher ....................... $ 22.80 5.65 PLU M0003-001 07/01 /2002 Rates Fringes Plumber (Excluding HVAC work) ....... $ 26.52 6.64 PLUM 0208-001 07/01 /2 002 Rates Fringes Pipefitter (Including HVAC pipe) ....... $ 26.62 6.54 * SHEE0009-001 07/01/2003 Rates Fringes Sheet metal worker (Includes HVAC duct and installation of HVAC systems) .................... $ 29.25 9.59 14. Background and experience of the principal members of your organization, including officers: Empire Carpentry: City of Fort Collins License C1-2. Fort Collins Landmarks Preservation Short List of Contractors. Kevin Murray: Manager. Member: Timber Framers Guild. Member: National Trust for Historic Preservation. General Contractor: Virginia Dale Stage Station Rehabilitation including rotten sill log replacement by manufacturing similar looping logs to original, and new native stone foundation. Carpentry Contractor on the stabilization of the O.T. Jackson house in Dear6eld, Colorado, including reason, house moving and foundation supervision. 15. Credit available: S5,000.00 plus 30 day accounts. 16. Bank reference: Key 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. I8, Are you licensed as a General CONTRACTOR? Yes. If yes, in what city, county and state? City of Fort Collins, Colorado What class, license and numbers? C1-2. 19. Do you anticipate subcontracting Work under this Contract? Yes. If yes, what percent of total contract? 63% and to whom? See subcontractor form. 20. Are any lawauits pending against you or your firm at this time? No. If yes,DETAIL 21. What are the limits of your public liability? DETAIL What company? American Family Insurance 22. What are your company's bonding limitations? $90,000.00 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. Section 00420 Page 4 Dated at: zeO�— ©�Zi 5 p/c'/10'0 This o2 day of ` 0 2003 Name of Bidder By: �---- Kev' Jones Title: Estimator State of Colorado County of Larimer Il �V/y" S being duly sworn deposes and says that he is Kevin Jones of Empire Carpentry LLC, and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this Z day of 2003. Notaryublic My commission expires�FN' D M►Com uI0nExpIms:2.28.2005 NOTARY t IR Section 00420 Page 5 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR Plaster/Drywall Dupuis Drywall Painting & Abatement Dan Hedrick Painting Electric Brian's Electric LLC Plumbing Waterworks Plumbing Heating Optimum Heat Flooring Integral Hardwood Excavation Hilgenberg Excavation Concrete ABC Concrete 7/96 Section 00430 Page 1 Trolley Bam/City of Fort Collins 111N�Y!►d1Mt.#W 11a MPaiam •w114 6Idw.Rwl6wwt11wlaw1411IrlI1111,�� AMIbrMfAddYob/IaarlrMpbe»ry�drlN hN a11wbN1IRa1M en bd1N N 114r wna. wed �1. M11 wnt�wull U alebe 11M �a M ad belolr as TMandMlMKdw14 MdhNbNa+eblgat or � a11M1 wN dNR d � wlb ai r �a fna 4 ao AVANDO n6NkNr !A Ndltrrar.r.r.��.� _- .� . -- w.w PUNP0% O11111NX110p 11111,11,164w `Aftilillow w.w � Yf Pww=wfayll brw POW.--MilirMb�MIMwIw1�/NM�i OrMUaanMerp111a1y WMb*0111 lR�inw ~�11��j11r�•�11/r�Mn°r 11110Uaw Na plMwderb �rMIM 1N adMrt�wn of a '�"` tr1 M wa1�y aa, P°ei1-- __ � w nan � mNfirAejwlbwll�i�R �~a�+b►aeMr«nnerMNnwlrNtiwMar--� 4 11MII+N 1i1•MnlMrbjNiti1eMflMdm�lHrjlq 111111111111011 P�Mw�. N aMo N1byw*1 W.. wwnnarpsiam—'� �w1w�a 6. wA11 bM aN alligw/mound r... M� • aale<I111. e. sN101w� dwbwl�� w... "hW"rb_,-lippsowiate, 1 Mw aN11w1r111► N w11111WWI .1n111 dllw S. I lei Empire Carpentry LLC oror BY or mftbywwftnw mdg1 wo b•�1re11rtbr I11M r h w1pe11a1�a !!a WMMd br MM d I�iNpfet dM1MIRNntb�baR141RwaMehl� bllrydra�d T�rM4 N 11fa IIW wler «b,i,R ivalwniwen d r1s.....y� -" Manager 4" 1 r' 9 .. BLS,.• OF co MW r. d mL �Y WnnMion pp . . ----------- OOLOMW MAwIwR O/ TrIIAAM/011TATI0N CERTIFICATION EEC COMPUANCE kukrdlwm BNdreaMabeanYaalwnwrtaanpUlaandufts**fwmvft ldpape@MMlorl lb bndedoonknob 9mwmlUmrN10=TldkbwglNrdWOW" Enpbpi is lOppmNmbrReOld j41C1iW-1.7(b)(lXThnnpulo-IF lmore� wmiao(iO- be��tllb Yauaprar4waa�nalw«lbomnotandhnwnatlMdaBlordnd a1 b dl/rrgUert Owbd tOr oo rmldwallon by teFedo rat 010.wwq► Abn ddmgon or ft OhmW d Mn oMm d Fed" Ow"d Oomplanoa, UAL ngmlmwi of Labor. The 8bndnd Farm 100 "06/) nay be laqua W Iron tin: Jokt Rapw0g oonerieo P.Q sow 779 Noftk YA IM I . O Ya 0 No ! haw dadeped and how on Ib at aah eaI 1 I I lwt an aftwo n motion proq a w ragekad by 41APR 0lmpb- ft Pwl a0& & O Ya lY No lhml UpaMd In a prwibia• aonNaeYYvbm p 0-ol a A*d to Vw equol opponaiy dWAW a. Q Yea O No 1 harm ftd vdh *w Jdrd Repwth QOaellbae. lM Okedw. orthe Equal [mplolnwent Oppwb * OoaerAm*m #A npab duo w dar #wappbabb mft rm** wrata. 11*1 W #W *W~ wdwWagwappl wft dde or l I l lwm Vwd #w eblr rrrerrto omde kiln MPdoouw 1n aonpMeto tlubaita ny latowlad9n Omww Empire Carpentry Ilc x O bkMw O pwpwl muboatraolw Kevin Murray Manager �` August 22, 200 SECTION 00500 AGREEMENT FORMS 00510Notice of Award 00520Agreement 00530Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: October 23, 2003 TO: Empire Carpentry LLC PROJECT: TROLLEY BARN INTERIOR REHABILITATION; BID NO. 5804 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated September 2, 2003, 2003 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for TROLLEY BARN INTERIOR REHABILITATION; BID NO. 5804. The Price of your Agreement is Eighty-two T_housand Hundred Sixty Dollars ($82,660.00) (Base Bid plus Add Alterna s 2, 3, and 4). 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 7, 2003. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By: James B/ O'Neill II, CPPO, FNIGP W�O�Director of Purchasingand Risk Management r/ Title 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 23rd day of October in the year of 2003 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Empire Carpentry LLC (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 rehabilitation of the northwest portion of the Trolley Car Barn. Work consists of, but is not limited to, rebuild and new finishes for office, file room, bathroom, and corridor. Rehabilitate or install new reproduction windows and doors, upgrade HVAC system, plumbing, and electrical. Install new concrete floor, install new 3-4" water service line from curb stop into building, and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by Aller-Lingle, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within 100 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 120 days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 9/12/01 Section 00520 Page 1 1) Substantial Completion: Two Hundred Dollars ($200.00) for each calendar day or fraction thereof that expires after the One Hundred (100) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 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: $68,785.00 Base Bid 720.00 Add Alternate #2 11,200.00 Add Alternate 43 1,955.00 Add Alternate #4 ,582,660.00 (Eighty-two Thousand Six Hundred Sixty Dollars), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, 9/12/01 Section 00520 Page 2 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. 9/12/01 Section 00520 Page 3 SUCO2001-015 12/20/2001 Rates Fringes Laborer Common ......................$ 9.56 2.36 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)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. 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: 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: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4Consent of Surety 7.2.5Application for Exemption Certificate 7.2. 6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered Al through A3 inclusive with the following general title: Al - Overall Floor Plan (including Site Plan) A2 - Partial Floor Plan & Reflected Ceiling Plan A3 - Elevations and Details The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 9/12/01 Section 00520 Page 4 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. 9/12/01 Section 00520 Page 5 OWNER: CITY O/F� FORT nCOLLINSS n By: \ J - I. onel/j _—'a JOHN F..IKSCHBACH, CITY MANAGER O� BY: ` JAMES O'NEILL II, CPPO, FNIGP D R TOR OF PURCHASING RISK M DateANAGEMPNTt s �, / ) ff u G3 tSRAL Clerk iving notices: P. O. Box 580 Fort Collins, CO 80522 Approved as to Form Assis ant City Attorney 9/12/O1 CONTRACTOR: Empire Carpentry LLC By: VUj IM 22AH Title:/Jy(� Date: NJ�Jcw�iiP/Z W4- _ -iAtp RE .Q.�%j% L) �:lfvue, Colo. Attest: Address for giving notices: LICENSE NO.: I —� Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: TROLLEY BARN INTERIOR REHABILITATION; BID NO. 5804 To: This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 The dates for Substantial , and City of Fort Collins OWNER By: Title: Completion and Final Acceptance 20_, respectively. shall be ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 . CONTRACTOR By Title: 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate EXECUTED IN TRIPLICATE SECTION 00610 PERFORNMCE BOND Bond No. 69612886 KNOW ALL HEN BY THESE PRESENTS_ that (Firm) Ehipir'e Construction, LLC (Address) P. 0. Box 245, Bellvue, CO 80512 , (a Corporation), hereinafter referred to as the "Principal" and (Firm) WESTERN SURETY CCMPANY (Address) 101 S. Phillips Ave., Sioux Falls, SD 57104-6703 hereinafter referred to as "the Surety", are held and firmly bouhd unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 90522 a (municipal Co oration) hereinafter referred to as the "OWNER", in the penal sum of $82,660.00 in lawful money of the United States, for the payment of which sum well and truly to be made, xe bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS 01' THIS OBLIGATION are such that whereas the Princi al entered into a certain Agreement with the OWNER, dated the day of , 20p, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, TROLLEY BARN INTERIOR REHABILITATION; BID NO. 5:304. NOW, THEREFORE, if the principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice :o the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER a.Ll outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the specifications. pRov1DED, FURTHER, that no final settlement betweien the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed, in three (3) counterparts, each one of which shall be deemed an original, this 1st day of December , 20 03. IN PRESENCE O principal �* Empir Carpentry, LLC (Title) (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: P. 0. Box 245, Bellvue, CO 80512 (Address) Other .Partnors BY: By: Surety WESTERN SUREPY CCMPANY By: -- By ; M. Bent, Asa'L. (Address). 101 S. Phillips Ave., Sioux Falls, SD 57104-6703 (Surety Seal) NOTE: Date or Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 1/96 Section 00610 Page 2 ' EXECUTID IN TRIPLICATE SECTION 00615 PAYMENT BOND Bond No. 69612886 KNOW ALL HEN BY TXZSE PRESENTS: that (Firm) F]npire Construction, LLC (Address) P. 0. Box 245, Bellvue, CO 80512 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) WESTERN SURETY CCMPANY (Address) 101 S. Phillips Ave., Sioux Falls, SD 57104-6703 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave_, Fort Collins, -Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the CAMER", in the penal sum of $82,660.00 in lawful w ney of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the e-P-3Agy" day of 2%�, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, TROLLEY BARN INTERIOR REHABILITATION: BID NO. 5804. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing mater:kala for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work: and all insurance premiums on said Work, and for all labor, performed in such Mork whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 Page I PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation. on this bond, and it does hereby waive notice of any such change, Extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be Authorized to transact business in the State of Colorado and be acceptAble to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 1st day of December , 2oO3 . IN PRESENCE 0 principal Empire Carpentry, LLC (Title) (Corporate Seal) IN PRESENCE OF: P. 0. Box 245, Bellevue, CO 80512 (Address) other Partners IN PRESENCE or: Surety WESTERN SURETY CCMPANY By: JL Bent, Ass'L Vie% (Address) (Surety Seal) 101 S. Phillips Ave., Sioux Falls, SD 57104-6703 NOTE: Date of Bond must not be prior to date of Agreement. if CONTRACTOR is Partnership, all partners sho«ld execute Bond. 7/96 Section 00615 Page 2 w ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA (Corporate Officer) County of Minnehaha SS On this 1st day of December 2003 before me, a Notary Public in and for said Count K B@I1% ABA SM y, personally appeared personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and farther acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. My commission expires s.sRUGGEMAN My Commission Expires 5,15.2004 + a % Notary Public Form 103-12-08 ` 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 If you have any questions please contact John Stephen, CPPO, Senior Buyer, at 970- 221-6777. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint M. bent _ Of Si State of South Dakota its regularly elected Ass; scan r ar as Attomey-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity, polic4p p4. mnifying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and fidelity' in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and wain odifli•o . , or extend any bond or document executed for this Company, and to compromise and settle any and all claims or de 4�� inst said Company. !drn SuretyQOrppvt further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety duly adopted a6d5jW in force, to -wit: oAl ia" ,.policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the coe.of• pany by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officersrs s{1Nairectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoi'n*VX fdfN§ys-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior Vice President with the corporate seal affixed this 1st _day of December 2003 ATTEST . U Assistant Secretary STATE OF SOUTH DAKOTA ss COUNTY OF MINNEHAHA WEST N SURET OMPANY By Paul T. Bruflat, Anior Vice President On this 1st day of December 2003 before me, a Notary Public, personally appeared Paul T. Bruflat _ and _ A. Vietor who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. '�444444444444444444444444 } a D. KRELL f f AE NOTARY PUBLIC SEAL 'r f�SOUTH DAKOTA�B ♦44444444444444444444444 � My Commission Expires November 30, 2006 Notary Public Form 672-4-2002 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR.shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 CERTIFICATE OF LIABILITY INSURANCE American Family Insurance Company 13 American Family Mutual Insurance Company if selection box Is not checked- 6000 American Pky Madison, Wisconsin 53783-0001 Agent's Name, Address And Phone Number (Agt./Dist.) Insured's Name and Address Larry D Peterson (119/309) Empire Carpentry LLC 149 W Harvard, Suite102 PO Box 245 Fort Collins„ CO 80526 Bellvue, CO 80512-0245 970-229-9393 This certificate is issued as a matter of information or ly and confers no rights upon the Certificate Holder. This cartt8eato dose not imanel if of It � lea. rr.r rL '''..',�''.!(.�.^.. ^i•.T.,T.T^�T� r..r,r r IIY,Yi IIiW OYIVW. ii..1.:.:)'ii:i:,:.jiq'>i".i:'%':i:i.:: l",'• 1. :11 ,..Yi 'Y:.1 '�%': f:::'.. ^;l:rl ��.1.. ':!' i j(. .::1'f'.'!'. •. f:.:f:'::.J'; '. Gr.:fit. 1.''".;rrF.",n,','i'ri� i e ', 7757.' f, gr:,'�d;ir This is ,77 to c9mty that policies of insurance listed below halls been issued to the Insured named above for the policy period indicated, notwithstanding any requlrement, term or oondition of any contract or other do mment with respect to which this certificate may be issued or may pertain, the insurance afforded by ttg policies c1gacribeg h rein isublwA to all the terms, exclusions, and conditions of such 3olloles. POLICY TYPE TYPE OF INSURANCE POLICY NUMBER LIMITS OF LIABILITY Effective Expiration Mo Da Yr Mo Da Yr Homeowners) MObilellomeOWnere Liability Bodily Injury and Property Damage Each Occurrence Boatuttmere Liability Bodily Injury and Property Damage Each Occurrance Personal umbrella Liability Bodily Injury and Property Damage Each Occurrence Form/Rench Liability Farm & Personal Liability Each Occurrence Farm ErnplMrs Liability Each Occurrence Workers Compattsatlon and Statuory + Each Accident Each cldertt Employers Liability+ Disease - Each Employee General Liability ® Commercial General Disease - Policy Limit General Aggrugate $ 2,000.000 Liability (eocurmnco) 05'X10$43 11/13/2003 11/13/2004 Products - Gompleted Operations Aggregate $ 2,000,000 Personal end Advertising Injury $ 1.000,000 Each Occurrence $1,000,000 Firr. DArnage (Any One Fire) $ 100,000 eusinanowners Liability Medical Ex w e An One Person $ 5,900 Each Occurrence ++ Automobile L ability r ale++ Owned Autos (Basic form) Owned Autos (Comp form) 05-XS0782 09/01/2003 09/01/2004 Bodily Injury - Each Person $1,000,000 Bodily Injury - Each Accident $1,000,000 Property Hired Autos Damage $1,000,000 ❑ Non -owned Autos Bodily Injury & Property Damage Combined Garage liability Excess Liability Commercial Blanket Excess Ettoli Ortiurrence/Aggregate DESCRIPTION OF OPERATIONS/LOCATIONSNEHIGLESAIESTRICI'IONS/SPECIAL ITEMS The City of Fort Collins Departmard of Purchasing Is fated + UA Individual wParuicix shown as Insured ••• elected to be ccmibd as as an additional Insured. eRlployess under this policy. + + Produels•Complated Operations aggregate h equal to each rronca Ircn%and ie induded'm �, ADDITIONAL INSUAED ® Should any of the above described policies be canceled before this City of Fort Collins expiration date thereof, the company will endeavor to mail •(10 days) written DW of Purchasing notice to Ute Certificate Holder named but failure to mall such notice shell PO Box 580 Impose no obligation or liability of any kind upon the company, its agems or Fort Collins, CO 00522 Feat 221-6707 repre6antafivea. `10 days unless different number of days shown. © This certlflas coverage on the date of Issues only. The above described Attn: John Stephens pellolee Are subject to cancellation In conformity with their terms and by the 1..J rho .,.l J :__. — 12/02/03 I -�t , t/t abed r•WdZt:£ £0-d-oe0 r•L906 Bea OL6 !eoueJnsuI ATTIaej ueoTJeay :rig jueg RODUCER innacol Assurance 501 E Lowry Blvd DENVER CO 80230-7006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES GC V ERAGE COB&AW A Pi Assurance ROURED v!MPlRE CARPENTRY LLC ;21.5 SYCAMORE ST ?ORT COLLINS CO 80521 COlVAW 2 COMPAM C COWAW D rHIS IS To CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN NOTWITHSTANDING ANY REQUIREMENT. TERM AND CONDITION OF ANY CONTRACT ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED By THE POLICIES DESCRIBED OF CH POLICIES. LIMITS SHOWN MAY HAVE BEEN RED CED BY PAID ClAlb S. . .... . .... .1.1 M ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE HEREIN IS SUBTECT To ALL THE TERMS, EXCLUSIONS AND CONDITIONS m TYPEOMSURMCIS POLICY NUMBER POUCY EFFscwnvE FOUCY &KPIRATION Mars .kl3L ORIGMAL 1AMELM COMMERCIAL 010421L LLASHM CLAROMADE O R OVAM*8 & CONMCTWX PROT GENERALAGORROM PROD -COLT AM PHIMN"A APV DOODY BACK OCCUBJUNC8 1k) --�09 MED�vwoqm —AUrMOlHZLL43UXrT ANY AUTO ALL OWNED AXn= 9CHEDULBDAUTO3 RMER AUTOS NON-OWNEDAMM CohaVOR) SINGLE LHOT EODMY INJURY —JimmmuM.— BODMY ROURY im FROPERTYDAMAOE_ GARAGE ANY AUTO I AUTQ OMY - FA ACCIDENT OTHER THM AUfO ONLY: RACH ACIDM — 9=123 Lmlaxff USUIRELLA POW OTHER THM UJAIR111A FORM EACH OCCURRENCS AGGREGATE A WOR13M COM12GATION AND mmorams, LLUnXrT TRH FROPRETORIPARTNERN mm NXISCUTMOFMCMARE: EXCL 1319590 09/01/2003 09/01/2004 �j WSMATU U O"FHEER TORY Umns 141 1 R S100.000 m Poucy Ln"arr EL OURMSE - EA SUnJOYSE $100,000 OTHER I I MCIUMON OF OPMAnOMILOCATIOMMEMUCLINWICM MMM SEE BACK OF CERTIFICATE FOR CLAM COVERAGE AND OWNERSHIP COVERAGE DETAIL M., .. . ........ m W "M 727246 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE JOHN STEPHEN EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF Fr COLLINS/PURCHASING . DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. PO BOX $90 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR FORT COLLINS CO 80522-0580 i AN T BUNT! LWUN i ��= REPRESENTATIVE Charles Doggett AMUMD M ftMv HOMS ON: 12:0 IS19M lha: 121011"S U.O.W IM33 Wi T- City of Fort Collins No. C1-2 This certi 'es that EMPIRE CARPENTRY KEWN MURRAY is licensed 6y the City of Fort Coffin, Coforado as a: GENERAL CONTRACTOR — 2 STORIES s 10,500 SQ. FT License Class ]UNE 26,' 2003 Date Issued: Contractor Signature Expiration Date: TUNE 26, 2005 ustomer service Supervisor 0 UM 1 /- r SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE: TROLLEY BARN INTERIOR REHABILITATION; BID NO. 5804 PROJECT OR SPECIFIED PART SHALL LOCATION INCLUDE: OWNER: CONTRACTOR: Fort Collins, Colorado City of Fort Collins CONTRACT DATE: 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 substan- tially 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 REMARKS: AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 20 You are hereby notified that on the _ day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, TROLLEY BARN INTERIOR REHABILITATION; BID NO. 5804. 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 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: TROLLEY BARN INTERIOR REHABILITATION; BID NO. 5804 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 7/96 Section 00650 Page 1 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: TROLLEY BARN INTERIOR REHABILITATION; BID NO. 5804 CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorneys) -in -Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Insert State certificate here. City of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS ADDENDUM No. 1 BID #5804 TROLLEY BARN INTERIOR REHABILITATION SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid #5804 Trolley Barn Interior Rehabilitation OPENING DATE: The opening date has been changed to September 2, 2003, 3:00p.m. (Our Clock). To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Drawings: Sheet Al Refer to attached detail ADD1 for wall/floor condition between File Room 101 and Office 100. This detail must be performed along the entire length of wall to be able to remove existing floor joists in Office 100. 2. Sheet Al Add General Note 17 — Patch and repair any walls where the existing ductwork is removed, and finish and paint to match adjacent surfaces. 3. Sheet Al, A2 and A3 Add Demolition Note D19 — Remove existing floor surface in File Room 101 and prep surface for new finish. 4. Sheet Al, A2 and A3 Add Design Intent Note N10 to File Room 101. 5. Sheets Al, A2 and A3 Add Design Intent Note N33 — Patch hole in bead board panel at upper north edge of wall between Vestibule 102 and File Room 101, and paint. 6. Sheets Al, A2 and A3 Add Design Intent Note N34 — Patch lath and plaster at hole in upper portion of wall between Vestibule 102 and Restroom 103. 7. Clarification on Note D10: Existing make -shift swinging door on bathroom is to be cleaned and mounted, as is, on wall in bathroom as an historical artifact. 8. At the end of the section covering Federal Requirements, following Colorado Department of Transportation Special Provisions, and located under Project Special Provisions, Page 1; the 1 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 DR 0172 (12198) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232.2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(m) 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 forthe 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 a 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. Melling address (City, State, Zip): E-Mail address: Fax number. Pameof exempt organization (as shown on contra Address of exempt organization (City, State, zip): Principal contact at exempt organization: Physical location of project site (give actual addres scheduled Month Day conatnrction start date: _...u'4�:'s�.."tiff!��''�'dtPJi'�d�Nk.4*:Xs'•:isa:;!a1::x,Y:rk,.,.......:.i...:..,.... Business telephone number: when applicable and name: 0170-750 (999) $0.00 your Colorado withholding tax account number: ME contacts telephone number. Estimated completion date: Month Day Year I declare under penally 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; SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Number & Title Number Number & Title DEFINITIONS......................................................1 1.1 Addenda.............................................1 1.2 Agreement..........................................1 1.3 Application for Payment,,,,,,,,,,,,,,,,,,,,,,,] 1.4 Asbestos.............................................1 1.5 Bid.....................................................1 1.6 Bidding Documents ,,,,,,,,,,,,,,,,,1 1.7 Bidding Requirements .......................... 1.8 Bonds.................................................1 1.9 Change Order,,,,,,,,,,,,, 1.10 Contract Documents ,1 1.11 Contract Price 1.12 Contract Times1 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....................................2 1.23 Liens.................................................2 1.24 Milestone ...................... 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 .............................. 1.35 Shop Drawings....................................2 1.36 Specifications ...............................„ 2 1.37 Subcontractor 2 1.38 Substantial Completion .......................2 1.39 Supplementary Conditions,,,,,,,,,,,,,,,,,,, 2 1.40 Supplier ........................... 1.41 Underground Facilities ..................... 2-3 1.42 Unit Price Work..................................3 1.43 Work .............................. 1.44 Work Change Directive .......................3 1.45 Written Amendment 3 Page Number 2. PRELIMINARY MATTERS ................. 3 2.1 Delivery of Bonds,,,,,,,, 3 2.2 Copies of Documents,,,,,,,,,,,,,,,,,,,,,, 3 2.3 Commencement of Contract Times; Notice to Proceed 3 2.4 Starting the Work,,,,,,,,,,,,,,,,,,,,,, 3 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report; Preliminary Schediles; Delivery of Certificates of Insurance .................. ................. 3-4 2.8 Preconstruction Conference 4 2.9 Initially Acceptable Schedules ........... 4 3. 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 .............................. 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 ...................... 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 ENGINEER's Review 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 .................................. 4.3.1 Shown or Indicated 7 4.3.2 Not Shown or Indicated,,,,,,,,,,,,,,,,,,, 7 4.4 Reference Points .............................. 7 M 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 13.8-13.9 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request and Payments,,,,,,,,.,,. „ . .................21 13.10 .....................27-28 OWNER May Stop the Work 9.10 Determinatims for Unit Prices,,,,,, 21-22 13.11 ....,,,..,28 Correction or Removal of , 9.11-9.12 Decisions on Disputes; ENGI- Defective Work,,,,,,,,,,,,,, 28 NEER as Initial Interpreter..............22 13.12 Correction Period,,,.,,,,,,, 28 9.13 Limitations on ENGINEER's 13.13 ........................ Acceptance ofDefective Work Authority and Responsibilities,,,, 22-23 13.14 OWNER May Correct Defective „28 CHANGES IN THE WORK ....................................... 23 Work ........... I ......................... 28-29 10.1 OWNER's Ordered Change................23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment,,,,,,,,. ................ 23 COMPLETION ,,,,,,,,,,,,, 29 10.3 Work Not Required by Contract 14.1 ................ Schedule of Values.,,,,,,....„.,,,,.„..„29 Documents ...................................... 23 14.2 Application for Progress 10A Change Orders ................................... 23 Payment,,,,,,,,,,,,,,,,,,, 29 0.5 Notification of Surety,,,,,,,,,,,,,,,,,,,,,,,, 23 14.3 ............... CONTRACTOR's Warranty of CHANGE OF CONTRACT PRICE .............................z3 14.4-14.7 Title...........................................29 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments,,,,,,,,,,,,,,,,, 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion,,,,.,,,, 30 the Work .................................. 23-24 14.10 Partial Utilization 11.4 Cost of the Work, , 24-25 14.11 ...................30-31 Final Inspectiorl,,,,,, 31 11.5 Exclusions to Cost of the World ...... 25 14.12 Final Application for Payment,,,,,.„31 11.6 CONTRACTOR's Fee ........................ 25 .. 14.13-14.14 Final Payment and Acceptance,,,,.,, 31 11.8 Cost Records................................25-26 14.15 Waiver of Claims 11. Cash Allowances ......................... 26 ..................... .31-32 11.9 Unit Price"Work................................26 15. SUSPENSION OF WORK AND TERMINATION 32 CHANGE OF CONTRACT TIMES ............................26 15.1 .......... ................................... OWNER May Suspend Work 32 12.1 Claim for Adjustment, . 26 15.2-15.4 .......... OWNER May Terminate 32 12.2 Time of the Essence,,,,,,,, ..........26 15.5 ................ CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate,,,,,,,,,,,,,,,,, 32-33 Control .................. ........... ........ 26-27 12.4 Delays Beyond OWNER's and 16. DISPUTE RESOLUTION 33 CONTRACTOR's Control27 .............. ................ 17. MISCELLANEOUS 33 TESTS AND INSPECTIONS; CORRECTION, 17.1 „ , Giving Notice,,,,,,,,,,,,,,,,,,,, 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times,,,,,,,,,,, 33 DEFECTIVE WORK.. ................. .............................................. 27 17.3 Notice of Claim """"' 13.1 Notice of Defects,,,,,,,,,,,,,,,,,,,,,,,,,„ 27 17.4 Cumulative Remedies.,,,,,,,,,,,,,,,33 13.2 Access to the Work ... ......... .... .27 17.5 Professional Fees and Court 13.3 Tests and Inspections; Costs Included .............................33 CONTRACTOR's Cooperation,,,.,.,., 27 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 13.4 OWNER's Responsibilities; Intentionally left blank,,,,,,,,,,,,,,,,,,, Independent Testing Laboratory,,,,,,, 27 ................ ....35 13.5 CONTRACTOR's EXHIBIT GC -A: (Optional) Responsibilities,,,,,,,,,,,,, , , ,,,,,,,, 27 Dispute Resolution Agreement,,,,,.,,,,,,.., GC -Al 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration„ 5C-A1 tion, Testing or Approval.................77 16.7 ... ,. Mediation G .............................. .C-Al iv 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, 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 ofDefective Work .........13.13 Amending Contract Documents .........................3.5 Cash Allowances..............................................1 i 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,,,,. ............................................... ¢.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 ...................... .......15.2-15.4 OWNER's Responsibility.............................$.6, 10.4 Physical Conditions -- Subsurface and .............................................. 4.2 Underground Facilities............................... 4.3.2 Record Documents,,,.,,, Scope of Change ... ...... ............. . .... ............10.3-10.4 Substitutes ................... ... .... I.................. 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 Contract Times,,,,,,,,,,,,,,,,,,,,,,,,,, 9.4, 12.1 CONTRACTOR's.............4, 7.1, 9.4, 9.5, 9.11, 10.2, .....I.....................11.2, 11.9, 12.1, 13.9, 14.8, ............................................15.1, 15.5, 17.3 A CONTRACTOR's Fee ...................................... 11.6 Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31 Cost of the Work.....................................11.4, 11.5 Decisions on Disputes,,,,,,,,,,, 9.11, 9.12 Dispute Resolution,,.,,., ............................. 16.1 Dispute Resolution Agreement ....................16.1-16.6 ENGINEER as initial interpretor .......................9.11 Lump Sum Pricing.........................................11.3.2 Notice of,,,,.,,,,,., ............................................ ..1.7.3 OWNER'S,,,,,,,,,,,,,,,,,,, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9 ........................12.1,13.9,13.13,13.14,17.3 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,,,,,,,,,,,,, Time Extension,,,,,,,, 12, Time requirements..........* ............. 9.11, 12.1 Unit Price Work ............. ...................... .....J1.9.3 Valueof...........................................................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 Codes of Technical Society, Organization or Association .................. ......... ........... ........ I.. 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 ............... j4.13-14.14 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 .......................... z,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 9/99) Labor, Materials and Equipment..............6 3-6.5 Laws and Regulations,,,,,,,,, ....6.14 ..................... Liability Insurance ........................................ 5.4 Article or Paragraph Number Notice of variation from Contract Documents .................................. I ........ 6.27 Patent Fees and Royalties ......................... 6.12 Permits ...................................................... ¢ 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 Cleanliness,,,,,,,,,,,,,,,,,,,,, ........ 6.17 Submittal Procedures,,,,,,,,,,,,,,, ................ ....6.25 Substitute Construction Methods and Procedures ................................. 6.7.2 Substitutes and "Or -Equal" Items................6.7.1 Superintendence ............................................ 6.2 Supervision...................................................0.1 Survival of Obligations ............................ , 6.34 Taxes ...................... ......... ................. 6.15 Tests and Inspections ................................. 13.5 To Report ................ 2 5 Use of Premises .... .................. 6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................... 6.25 Right to adjustment for changes in the 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,,,,,,,,,,,,,,,,,, .................. 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,,,,,,,,,,,,,,,,,,,,, ffi 6.15 Use of Premises ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6.16-6.18 Warranties and guarantees ...................... 6.5, 6.30 Warranty of Title,,,,,,,,,,,,,,,, ......................... .....i4.3 Written Notice Required - CONTRACTOR stop Work or terminate.. ...... 15.5 Reports of Differing Subsurface and Physical Conditions,,,,,,,,,,,,,,,,,,,, 4.2.3 Substantial Completion,,,,,,,, ffi .14.8 viii CONTRACTORS--other...............................................7 Contractual Liability Insurance5. 4.10 Contractual Time Limits,,,,,,,,., 12 2 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 ofDefective Work,,,,,,,,,,,,,,,,,,,,,, 13.13 Correction or Removal of Defective Work ,,,,,,, 6.30, 13.11 Correction Period ..................i3.12 .......................... OWNER May Correct Defective Work ..............13.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspections ........................ Recordsll.7 .13.4 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts,,,,,,,,,,,,,,,,,, ,,,, .................... ..11.4.2 CONTRACTOR's Fee .............. .......................11.6 Employee Expenses,,,,,,,,,,,,,,,,,,,,, 11.4.5.1 Exclusions to,,,,,,,,,,, 11.5 General 11.4-11.5 Home office and overhead 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 Recordsll.7 Rentals of construction equipment and machinery.......................................11.4.5.3 Royalty payments, permits and license fees,,,,,,,,,,,,,,................. ............ 11.4.5.5 Site office and temporary facilities ................11.4.5.2 Special Consultants, CONTRACTOR's............11.4.4 Supplemental................................................11.4.5 Taxes related to the World,,,,,,,,,,,,,,,,, 11.4.5.4 Tests and Inspection,,,,,,,,, ................................ 13.4 Trade Discounts ........... ..................................11.4.2 . Utilities, fuel and sanitary facilitieg ..............11.4.5.7 Work after regular hours,,,,,,,,,,,,,, Covering Work ............................... ................ 13.6-13.7 Cumulative Remedies 17.4-17.5 Cutting, fitting and patching„ ......... 7.2 Data, to be furnished by OWNED,,,,,.,., $,3 Day --definition of 17.2 2 Decisions on Disputes,,,,,,,,,,,,,,,,,,,,,,, 9.11, 9.12 defective --definition of„. ................................. defective Work -- .......1.14 Acceptance of,,,,,,,,,,,,,,,,,,,,,,,,,,,, .10.4.1, 13.13 E]CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Indemnification..............................6.12, 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 by ENGINEER....., *................ 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 ................................... ?.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 ..........................14.12 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 ........................... ......................... 5.6-5.10 Receipt and Application of Insurance Proceeds .............................................. 5.12-5.13 Special Insurance ............................................. 5.10 Waiver of Rights..............................................5.11 Intent of Contract Documents ..... . ..... .............. I .... 3.1-3.4 Interpretations and Clarifications .....................3.6.3, 9.4 Investigations of physical conditions ..........................4.2 Labor, Materials and Equipment..........................h.3-6.5 Lands -- and Easements...................................................$.4 Availability of.............................................4.1, 8.4 Reports and Tests...............................................5.4 Laws and Regulations --Laws or Regulations -- Bonds.............................................. ..........5.1-5.2 Changes in the Work ....10.4 Contract Documents 3.1 CONTRACTOR's Responsibilities ......... *........... 0.14 Correction Period, defective Work........ I...........13.12 Cost of the Work, taxes,,,,,,,,,,,,,,,, .............. . 11.4.5.4 definition of....................................I................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-- CONTRACTOR's............................................... 5.4 OWNER's...........................................................5.5........... Licensed Sureties and Insurers ................................. 5.3 Liens -- Application for Progress Payment .......................14.2 CONTRACTOR's Warranty of Title....................14.3 Final Applicaiion 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 .........................1.4.12 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 ...................................... 17.2 Cumulative Remedies ....................................... 17.4 Giving Notice„ 17.1 Notice of Claim ........ .. .......................................17.3 Professional Fees and Court Costs Included ......... 17.5 Multi -prime contracts .......................................... . 7 Not Shown or Indicated ....................................... 4.3.2 Notice of -- Acceptability of Project ....................................14.13 Award, definition of.........................................1.25 Claim............................................................1.7.3 Defects,13.1 Differing Subsurface or Physical Conditiong...... 4.2.3 Giving............................................................17.1 Tests and Inspections,,,,,,.. 13.3 Variation, Shop Drawing and Sample,,,,,,,,,,,,,,,, 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) 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 OWNEWs responsibility for...............................8.10 Partial Utilization— definition of....* ........................ ... ................. ....1.28 general 6.30.2.4, 1*.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 „................. i4.3 Final Application for Payment........ 14.12 .................. Final Inspection .............................................. 14.11 Final Payment and Acceptancg............... 14.13-14.14 general.............................. Partial Utilization......**...*................................14.10 Retainage.......................................................14.2 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.........................................6.65.1-5.2 Permits .......................................................... 6.13 Petroleum -- definition of.....................................................1.30 general ........................................... 6 .. .4.5 OWNER's responsibility for...............................8.10 Physical Conditions -- Drawings of, in or relating tQ............... ........... 4.2.1.2 ENGINEER's review .............................. 4.2.4 existing structures........................................... .................. 4.2.2 general 4.2.1.2 ............................... Notice of Differing Subsurface or......................4.2.3 Possible Contract Documents Changq...............4.2.5 Possible Price and Times Adjustments..............4.2.6 Reports and Drawings ...................... ............ 4.2.1 Subsurface and .............. ......... .............. 4.2 Subsurface Conditions .................. .............. ...4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 Underground Facilities -- general ......................... .......................... ......4.3 Not Shown or Indicated,,,,,,,, 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 ...........................: ............... 6.16-6.18 Price, Change of Contract.............. ..................... I Price, Contract --definition o................. j .....I 1.11 Progress Payment, Applications for .................. 14.2 Progress Payment--retainage............. * ......I . 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 Constructiork ............ 9.3 Project Representative, Resident --definition of ......... 1.33 prompt payment by OWNER ............................ .......... 8.3 Property Insurance-- Additional.........................................................5.7 general5.6-5.10 Partial Utilization ............................. 5.15, 14.10.2 receipt and application of proceeds „..........5.12-5.13 Protection, Safety and..............................6.20-6.21, 13.2 Punch list ............................................... ...........14.11 Radioactive Material-- defrntionof.....................................................1.32 general4.5 OWNER's responsibility for...............................$.10 Recommendation of Payment*................14.4, 14.5, 14.13 Record Documents ............... ...... 6.19 14.12 Records, procedures for maintaining ..........................2.8 Reference Points ................... Reference to Standards and Specifications of Technical Societies . ........................... .......... 3.3 Regulations, Laws and(or)............„........................6.14 Rejecting Defective Work..........................................9.6 Related Work -- atSite .... ............... ..................................... Performed prior to Shop Drawings 7.1-7.3 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 .....................8.4 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 or Procedures.............................................6.7.2 Substitute Items,,,,,,,,,,,,,,,,,,,,,,,,,, ............ „6.7.1.2 Subsurface and Physical Conditions-- Drawings of, in or relatng 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 ....................................... 4.2.3 Physical Conditions ..................................... 4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments,,,,,,,,,,,,,,, 4.2.6 Reports and Drawings ....................... ............... 4.2.1 Subsurface and,,,,,,,,,,,,,,,,,,,, 4.2 Subsurface Conditions at the Site..................4.2.1.1 Technical Data,,,,,,,,,,,,,,,, ................................ 4.2.2 Supervision— 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. ...............0.2 Supplemental costs .............................................. 11.4.5 Supplementary Conditions-- definition of .................... ............................... .1.39 principal references to.................1.10, 1.18, 2.2, 2.7, ....................... 4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, ............ ..... 5.11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents .................... 3.6 Supplier -- definition of,,,,,,,,,,,,,,,,,,,, ............................ 1.40 principal references to ...... 3.7, 6.5, 6.8-6.11, 6.20, .....................6...............6....6.24, 9.13, 14.12 Waiver of Rights ......................... 6.....................6.11 Surety -- consent to final payment .................... 6.... 14.12, 14.14 ENGINEER has no duty to,,,,,,,,,,,,,,,,,,,,,, 9.13 Notification of,,,,,,,,,,,,,,,,,6... 6............ 10.1, 10.5, 15.2 qualification of, ., .... , 6........... 5.1-5.3 Survival of Obligations .... 6..... ,............. 6 ......6.34 Suspend Work, OWNER MaY....................... J 3.10, 15.1 Suspension of Work and Termination-- .............. 15 CONTRACTOR May Stop Work or Terminate,.,.,,,, 15.5 OWNER May Suspend Work, ................... 6..........15.1 OWNER May Terminate ......................6 ...... 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 Termination -- by CONTRACTOR...........................................15.5 by OWNER ........................................ 8.8, 15.1-15.4 of ENGINEER's employment,,,,,,,,,,,,,,,,, $,2 Suspension of Work-in general„............................ 15 Terms and Adjectives..............................................3.4 Tests and Inspections -- Access to the Work, by others,,,,,,,,,,,,,,,, 13.2 CONTRACTOR's responsibilities......................13.5 cost of 13.4 covering Work prior to 13.6-13.7 Laws and Regulations (or) 13.5 Notice of Defects OWNER May Stop Work.................................13.10 OWNER's independent testing ..........................13.4 special, required by ENGINEER,,,,,,,,,,,,,,,.,.... 9.6 timely notice required,,,,,,,,,,,,,,, ....................................... 13.4 Uncovering the Work, at ENGINEER's request,.,,,,,,... ................................ ......13.8-13.9 Times-- Adjusting,,,,,,,,,,,,, ............................................... 6.6 Change of Contract.............................................12 Computation of.................................................17.2 Contract Times --definition of ........................ 1.12 day.........................................................17.2.2 Milestones Requirements-- appeals................................................. 9.10, 16 clarifications, claims and disputes..................9.11, 11.2, 12 Commencement of Contract Time$................2.3 Preconstruction Conference ...........................7 8 schedules,,,,,,,,.,. ........2.6 2.9, 6.6 Starting the World.........................................2.4 Title, Warranty of ......... *... .................................... 14.3 Uncovering Work ............................... ............. 13.8-13.9 Underground Facilities, Physical Conditions-- definition of ............................ ....................... 1.41 Not Shown or Indicated,,,,,,,,,,,,,,,,,,,,, 4.3.2 protection of,,,,,,,,. 4.3, 6.20 Shown or Indicated.........................................4.3.1 Unit Price Work-- claims..........................................................11.9.3 definition of....................................................1.42 genera111.9, 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 ......... .............6.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial...................1.28, 5.15, 6,30.2.4, 14.10 Value of the Work..................................................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) index indicates that Revision of Section 250 - Environmental Health and Safety Management provisions are on page 4. Page four (4.) is not numbered and does not contain the pertinent information. The correct information is, however, located on the reverse side of the index page. 9. A number of sets of drawings were released without the title page. There are no drawings on the title page. If a prospective bidder did not receive this page but wishes to do so, please contact Steve Seefeld, Facilities Project Manager at: (970)221-6227. Please incorporate the following attachment into the Specifications: • Plaster Spec Section 09200 Please complete the attached forms and include in your bid submission. • CDOT Anti -collusion Affidavit • CDOT Certification of EEO Compliance If you have any questions please contact John Stephen, CPPO, Senior Buyer, at 970-221-6777. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 2 (This page left blank intentionally) xvi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof. U. 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. Bid --The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding 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 COLLINS 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 famished 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 fitrnish 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. 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 paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, 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 of Bonds. 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to firmish in accordance with paragraph 5.1. Copies of Documents. 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. in ne event ll the Gefftm T• mes- of Bid epea* or the d4tieth day after the E---.. of the Atr-eemejat, "iehevef date is eadien 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 times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and OOWNE shall eaeh deliver to the ether OWNER, with copies to identified in the Supple r di ENGINEER rr � 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 Edition) 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 6.27), 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 bearing the sea] 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 of Lands.• 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. of or filing a fneeha^ fien agains, SH4 larAs in OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If 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. 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 or Indicated: 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 fumished 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, prerirptly 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 E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 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 I 1 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. CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations 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 famish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 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 whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 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 famished 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 paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: .. �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 _a " ^Y -�a , ti b y any-paFty in inter- 4._ Acceptance of Bonds and Insurance; Option to Replace: 5.14. If eithe- patty (03ALNnn ^_ rnwrrn GTO R) 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 ethos --paste: CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the OWNER will notify CONTRACTOR in writing within ten fifteen days after reeeipt delivery of the certificates ter: etheF-evidenee requested) to OWNER as required by paragraph 2.7. "..'was the ether- may reasenably request if ei party dees net purehase or Faftifitain all of the Bands and Work, of efsueh failure to maint-Rin prier te 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 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 Supervision 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 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. CONTRACTOR'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 furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in 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 furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned 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 4/2000) 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 whichtotals not less than 20 percent of the Contract Price. 6.8.2. if the Supplementafy—Ceaditiens 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 date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER—and--i£ CONTRACTOR J.-s submitted a list thereof in 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 basis of reasonable ebieetign after due investigmien iny4ii0.1'4-ease GG1119RACT-OR Rhall submis Fin acceptable substitute thO ^ ^ 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 furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier 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 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 protect 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 dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste 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 Edition) w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 pa ent 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 famish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's 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). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 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 (REV 412000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract 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 NEW *4' SOUTHERN YELLOW PINE TONGUE t GROVE FLOOR - SAND AND FIN. TO MATCH EXISTJAORIGINAL Ph M M NEW tDK&ZPLR. NEW WD. P.T. 2x4 SLEEPERS a 16' or, _ ANCHORED TO COW. SLAB} NEW S' TFIC CONC. SLAB W! PIDERMESH N : THICKENED EDGE z EXIST. WALL TO 4' WASHED GRAYM REMAIN EXIST. 3kxi' COMPACTED GRANULAR FILL SOUTHERN YELLOW PIN>; TONGAE t SAND AND PIK _ --`4I;a e- ,a,' .. - '.� a ..dd fi i EXIST. 2xi2 PLR ---- - - a JOISTS a 4 ANCHOR BOLTS 4'-O' OG� MAX PLACED 2' ABOVE t ° a� BELOW C04 OF HEADERTEM e o I . /. /�%//1\ . %✓i\✓i✓iy/i`/ \✓% /i �� / , /%/ Y \ i212xI2 P.T. i�EADER \iI/�'\y - 3PxGi: uv i3) • IUD /.�`�/`!1.�.���/� / ������/i���i\��l !�!\ / �� /i�� 1 TO EA. EXIST. FLR JJOIST EXPANSION JOINT CUT BACK EXIST. FLR. JOISTS AS REO'D TO INSTALL NEW HEADER TEMPORALLY SUPPORT EXIST. FLR: M JOISTS WI CONC. BRICK/BLOCK i PROVIDE A 15ULKWEAD FOR THICKENED GONG. SLAB WALL BETWEEN FILE ROOM 101 4 OFFICE 100 FLOOR DETAIL � DD 1-1/2' = V-®' _._ structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. c in 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 Er 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 0WNER'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 he 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 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER' efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing 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 Eenditiens of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the SupplementaFy Conditions naraeranh 9.3 9.3.2. Duties and Responsibilities Representative will: 9.3.2.1. Schedules - Review the progress 19 ENGINEER, noting particularly the relationshipoof the payment requested to the schedule of values work completed and materials and equipment delivered at the site but not incorporated in 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 accent 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 safetv precautions and programs in connections with the Work. 9.3.3.6. Accept 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 1916 8 (1990 Edition) 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 Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the 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 1 I 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' preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 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 I 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 E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) (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 perforating 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 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 directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee., 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' office at the site. 11.5.3. Any part of CONTRACTOR' 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 11.4.1 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 the next l" ic� er-, to be negotiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next lower her 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' 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 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 of Defects. Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable—tirtres 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 4/2000) 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 ENGINEEWs 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 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 retainage 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 seo. 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 of Applications 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 Edition) 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 (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 0Q] 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 (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNERS property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Protect 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 Paragraph 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 finished 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 sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be 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 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in 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. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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, and, 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 Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado apply to this Agreement. Reference to two pertinent Colorado statutes are as follows; 17.6.2. If a claim is filed OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to 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 (This page left blank intentionally.) EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35 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. 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 involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or 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. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GC -Al