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HomeMy WebLinkAbout101137 PINKARD CONSTRUCTION COMPANY - CONTRACT - RFP - P983 NORTHSIDE AZTLAN CENTER DESIGN BUILD., 4 A P983 Northside Aztlan Center Design/Build MASTER AGREEMENT DOCUMENTS SECTION 1-CONTRACT • Agreement Pages 1-8 • Notice to Proceed • Performance Bond • Payment Bond • Certificate of Insurance • Certificate of Substantial Completion • Certificate of Final Acceptance • Lien Waiver Release (CONTRACTOR) • Consent of Surety • Application for Exemption Certificate • Standard General Conditions of the Contract between Owner and Design/Builder EJCDC) • Supplementary Conditions SECTION 2-REQUEST FOR PROPOSAL P983 o Conceptual Site Plan 12/19/05 o Milestone Schedule SECTION 3-DESIGN/BUILDER'S PROPOSAL SECTION 4-ADDENDUM 1-4 • Addendum 1 o Prebid Attendees List o Chapter 8 Exhibit 2: Conceptual Review Comments on the Site o Chapter 8 Exhibit 3: City's Proposal Organization Chart of Project Team o Chapter 8 Exhibit 5:Recreation Services Organization Chart • Addendum 2 o (a)Schematic Space Plan, April 2005' o (b)List of Expectations: not provided. See RFP Chapter 2 — Objectives o (c)Site Boundary Survey - , 1978, by Brad Smith, Associates o (d)Topographic drawing, August 2002, The Engineering Company' o (e)Preliminary Geotechnical Report, September 2002, by Terracon' o (f)See statement in RFP statement' 1. Reasonable Steps 2. Health and Safety Plan Maps: Site Location Plume Map SA Drilling Locations with Extent of Coal Tar Imports Conceptual Site Model Diagram Geologic Cross Section A -A o (g)Floor Plan — Existing Northside Aztlan Center o (h)See RFP comment. Budget = 7.8M to 8.1 M' • Addendum 3 o Conceptual Space Plan (See Addendum 2(a) o Conceptual Site Plan SD1-Aller Lingle o Topographic Drawing (See Addendum 2(d)) • Addendum 4 SECTION 5- CONTRACT DOCUMENTS ARTICLE 12.01 (J) OWNER: CIT OF FOR COLLI S By: Darin A...., Ci Manager By: J e es . O'Neill II, CPPO, FNIGP D or of Purchasing and Risk Management 2 v� t� 1 V nY g < Y' 4 City Clerk Address for giving notices: PO Box 580 Fort Collins. CO 80522 APPRO Ea S TO FORM: I _ Assis t Ci y Attomey Designated Representative: Name: Title: _ Address: _ Phone: Facsimile: 8 DESIGNBUILDER: Pinkard Construction Co. J K Date: c5 ` / S6 'b,- [CORPORATE SEAL] A �SST .I./ �� • ` Address for giving notices: 9195 West 6`" Ave Lakewood. CO 80215 License No. A —? 1 (If DESIGNBUILDER is a corporation, attach evidence of authority to sign.) Designated Representative: Name: 5+ewep, TjuYns Title: NO 1"/l�� aq-w j Address: R115 • �p �.'H^"xWODJ'CD Phone: Facsimile: ✓O�. `V�• �O�O SECTION 00615 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), referred to as the (a Partnership), (a Corporation), "Principal" and Bond No. hereinafter (Firm) (Address) 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 OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 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. 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 four (4) counterparts, each one of which shall be deemed an original, this day of , 20 . IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) Principal By: (Title) (Address) Other Partners Surety By: By: (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 2 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 A. . "'.4 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: Citv of Fort Collins CONTRACTOR: 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 DATE AUTHORIZED REPRESENTATIVE 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. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE 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, 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: PROJECT: (CONTRACTOR) 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 7/96 Section 00650 Page 1 f,. .111.4 any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ATTEST: Secretary day of CONTRACTOR By: Title: STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 201 by Witness my hand and official seal. My Commission Expires: Notary Public day of 20 7/96 Section 00650 Page 2 01 4 iA ' SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 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 00670 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 If 2/96) COLORAD0 DEPARTMENT OF REVENUE DENVER SO861 W)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39 26.114(1)(a)p" DO NOT WRITE IN THIS SPAr.P The exemption certificate for which you are applying must be used only for the purpose ofpurchasing construction and building materials forthe exempt project described below. This exemption does not include or apply to the purchase or rental ofeguipment, supplies, and matter [a Is which are purchased, rented, or consumed by the contractor and which do not become part oft he structure, highway, road, street, or other public works awned and used by the exempt organization. Any unauthorized use oft he exemption certificate will result In revocation of your exemption certiflcate 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. No. to be assigned by DO Penou $eg&va6odAccoun g 09 70-750 (999) $0 00 CONTRACTOR INFOIRMATION Trade name/ 77. ner, va dnar, or <orpornte oa me Mailing address (City, Stale, Zip). Contact Person E-Mail address. FederalEmployer's ldentlicalion Number Bid amount foryour contract $ ax wn er_ ( ) Eusines telephone rmmlx.r oora owit o ng tax acoouninum er_ ( ) EXEMPTION INFORMATION Copies of contract or agreement pages (1) Identifying the con aching parties .and (2) containing signatures of contract In parties Must be attached Neme of exempt organization (as shown on conUaot)- Exempt orgatizehon's number 98 - Address ofexempt organrzaron(City , cre Zip) Principal contact atexemptorganization rirlppat conrtaefs telephone number Physical location of projectsite (give acWal address .Mien apphceble and Cities andlor County (ies) where project is located) S,hedWad M.qhay var Esriraaled ont ay ear :.nstm •lion start data: - mplerion dale. I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge Signature of owner, partner or corporate officer TOe of oomorate other Dete DO NOT WRITE BELOW THIS LINE Section 00670 Page I Special Notice Contractors who have completed this. application in the past, please note the following changes in procedure The Department will no longer issue individual Certificates of exem ption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 891# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. Section 00670 Page 2 n 00510 Notice to Proceed 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 3 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. City of Fort Collins changes to this document are shown by underlining text that has been added and striking through text that has been deleted. STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by mm National Society ofAmerican Society ��� Professional Engineers of Civil Engineers r,.Professional Engineers in Private Prattite PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright c2002 National Society of Professional Engineers for EJCDC. All rights reserved EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright t(')2002 National Society of Professional Engineers for EJCDC. All rights reserved. i+ . Ini Nl ry These General Conditions have been prepared for use with either one of the two Agreements between Owner and Design/Builder (Nos. D-520 and D-525, 2002 Editions) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated and a change in one may necessitate a change in the others. The suggested language and instructions contained in the Guide to Use of EJCDC Design/Build Documents (No. D-001, 2002 Edition) is also carefully interrelated with the language of these General Conditions. The Guide also contains comments concerning the use of the General Conditions. Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 EJCDC D-700 Standard General Conditions of the Contract Betwcen Owner and Des igtdBuiIder Copyright a'12002 National Society of Professional Engineeis for EJCDC- All rights reserved. TABLE OF CONTENTS Page 2.05 Initial Conference...................................................................................................................................................................4 2.06 Initial Acceptance of Schedules.............................................................................................................................................5 ARTICLE 3 - CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE..............................................................................5 3.01 Intent......................................................................................................................................................................................5 3.02 Reference Standards...............................................................................................................................................................5 3.03 Resolving Discrepancies........................................................................................................................................................5 3.04 Amending and Supplementing Contract Documents.............................................................................................................6 3.05 Reuse of Pa .ument Use of Design Materials.......................................................................................................................6 3.06 Electronic Data.......................................................................................................................................................................7 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS; HAZARDOUS ENVIRONMENTAL CONDITIONS...............................................................................7 4.01 Availability of Lands . ... ...... --- ... ......... ---..... ...... .................. ......... ---...... ...........................................................................7 4.02 Di ff.fine Site Gendotien, Subsurface and Physical Conditions.............................................................................................7 4.03 Reference Points............................................................................................................................................................... ..... 9 4.04 14a ardo .g c,..:_^nmP,-#al r'^^a"g^^ at 84e Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ....... 10 ARTICLE 5 - BONDS AND INSURANCE....................................................................................................................................10 5.01 Performance. Payment and Other Bonds.............................................................................................................................11 5.02 Licensed Sureties and Insurers................................................................................................................4............................11 5.03 Certificates of Insurance......................................................................................................................................................11 5.04 Design/Builder's Liability Insurance....................................................................................................................................11 5.05 Owner's Liability Insurance.................................................................................................................................................12 5.06 -l4Builders Risk Insurance.........................................................................................................................................12 5.07 Waiver- of Rights..................................................................................................................................................................13 5.08 Receipt and Application of Insurance Proceeds...................................................................................................................14 5.09 Acceptance of Bonds and Insurance; Option to Replace.....................................................................................................14 5.10 Partial Utilization. Acknowledgment of Property Insurance...............................................................................................14 ARTICLE 6 - DESIGN/BUILDER'S RESPONSIBILITIES....................................................................................4......4...............14 6,01 Design Professional Services,... ....... ...._l4 6.02 Supervision and Superintendence of Construction.............................................................................................4................15 6.03 Labor, Working Hours.........................................................................................................................................................15 6.04 Services. Materials. and Equipment............................................................................................................4................4.......15 6.05 Progress Schedule................................................................................................................................................................16 6.06 Concerning Subcontractors, Suppliers and Others.....................................................................................................4.........16 6.07 Patent Fees and Royalties....................................................................................................................................................16 6.08 Permits................................................................................................................................................................4................17 6.09 Laws or Regulations................................................................................................................................4...........................17 6.10 Taxes....................................................................................................................................................................................17 6.11 Use of Site and Other Areas.................................................................................................................................................17 6.12 Record Documents.....................................................................................................................................4.........................18 6.13 Safety and Protection...........................................................................................................................................................18 6.14 Safety Representative...........................................................................................................................................................18 6.15 Hazard Coin munication Programs.......................................................................................................................................18 6.16 Emergencies.........................................................................................................................................................................18 6.17 Submittals ..... ........ .......... ......... .......... ....... ............. ...... ............ ....... .......... .............................................................. ..... 4....... 19 6.18 Continuing the Work............................................................................................................................................................19 6.19 Post -Construction Phase......................................................................................................................................................19 6.20 Design/Builder's General Warranty and Guarantee.............................................................................................................19 6.21 Indemnification....................................................................................................................................................................19 6.22 Survival of Obligations........................................................................................................................................................20 EJCDC D-700 Standard General Conditions of the Contract Between Ownerand Design/Builder Copyright rP002 National Society of Professional Engineers toi HCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 ARTICLE7 - OTHER CONSTRUCTION......................................................................................................................................20 7.01 Related Work at Site............................................................................................................................................................20 7.02 Coordination........................................................................................................................................................................21 ARTICLE 8 - OWNER'S RESPONSIBILITIES.............................................................................................................................21 8.01 General.................................................................................................................................................................................21 8.02 Insurance..............................................................................................................................................................................21 8.03 Limitations on Owner's Responsibilities..............................................................................................................................21 8.04 Undisclosed Hazardous Environmental Condition..............................................................................................................22 8.05 Resident Project Representation..........................................................................................................................................22 8.06 Owner's Consultant..............................................................................................................................................................22 ARTICLE 9 - CHANGES IN THE WORK; CLAIMS....................................................................................................................22 9.01 Authorized Changes in the Work.........................................................................................................................................22 9.02 Unauthorized Chances in the Work.....................................................................................................................................22 9.03 Claims..................................................................................................................................................................................22 9.04 Execution of Change Orders................................................................................................................................................22 9.05 Notice to Sureties.................................................................................................................................................................22 9.06 Effect of Change Orders......................................................................................................................................................23 ARTICLE 10 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK.............................................................23 10.01 Cost of the Work................................................................................................................................................................23 10.02 Cash Allowances................................................................................................................................................................25 10.03 Unit Prices..........................................................................................................................................................................25 ARTICLE 11 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES...........................................................25 11.01 Change of Contract Price...................................................................................................................................................25 11.02 Change of Contract Times.................................................................................................................................................26 ARTICLE 12 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTIONOR WORK........................................................................................................................................................27 12.01 Notice of Defects...............................................................................................................................................................27 12.02 Access to Construction.......................................................................................................................................................27 12.03 Tests and Inspections.........................................................................................................................................................27 12.04 Uncovering Construction...................................................................................................................................................27 12.05 Owner May Stop Construction or Work............................................................................................................................28 12.06 Correction or Removal of Defective Construction or Work..............................................................................................28 12.07 Correction Period...............................................................................................................................................................28 12.08 Acceptance of Defective Construction...............................................................................................................................28 12.09 Owner May Correct Defective Construction or Work.......................................................................................................28 12.10 No Limitation.....................................................................................................................................................................29 ARTICLE 13 - PAYMENTS TO DESIGNBUILDER AND COMPLETION...............................................................................29 13.01 Schedule of Values............................................................................................................................................................29 13.02 Application for Progress Payment.....................................................................................................................................29 13.03 Review of Applications for Progress Payments.................................................................................................................29 13.04 Design/Builder's Warranty of Title....................................................................................................................................30 13.05 Substantial Completion......................................................................................................................................................30 13.06 Partial Utilization...............................................................................................................................................................30 13.07 Final Inspection..................................................................................................................................................................31 13.08 Final Payment....................................................................................................................................................................31 13.09 Final Completion Delayed.................................................................................................................................................31 13.10 Waiver of Claims...............................................................................................................................................................32 ARTICLE 14 - SUSPENSION OF WORK AND TERMINATION_.............................................................................................32 14.01 Owner May Suspend Work... ............. -- ............................................................................................................................ 32 14.02 Owner May Tenninate for Cause.......................................................................................................................................32 14.03 Owner May Terminate for Convenience............................................................................................................................32 14.04 Design/Builder May Stop Work or Terminate...................................................................................................................33 ARTICLE 15 - DISPUTE RESOLUTION......................................................................................................................................33 ARTICLE 16 - MISCELLANEOUS...............................................................................................................................................33 16.01 Giving Notice.....................................................................................................................................................................33 16.02 Computation of Times.......................................................................................................................................................33 16.03 Cumulative Remedies........................................................................................................................................................33 16.04 Survival of Obligations......................................................................................................................................................34 16.05 Controlling Law.................................................................................................................................................................34 E1CDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright « 2002 National Society of Professional Engineers for EXDC. All rights reserved Includes City of fort Collins modifications dated 09/2004 STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER ARTICLE 1 — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1. Addenda — Written or graphic instruments issued prior to the openingof Proposals which clarify, correct or change the Request for Proposals or the Contract Documents. 2. Agreement — The written instrument which is evidence of the agreement between Owner and Design/Builder covering the Work. 3. Application for Pavment — The form which is to be used by Design/Builder in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos — Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the ail- above current action levels established by the United States Occupational Safety and Health Administration. 5. Bonds — Performance and payment bonds and other instruments of security. 6. Change Order — A written order which is signed by Design/Builder and Owner which 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. T Claim — A demand or assertion by Owner or Design/Builder seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a claim. 8. Conceptual Documents — The drawings and specifications and/or other graphic or written materials, criteria and information concerning Owner's requirements for the Project, such as design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, including those items enumerated in the Request for Proposals which show or describe the character and scope of, or relate to, the Work to be performed or furnished and which have been prepared by or for Owner. 9. Construction — The result of performing or furnishing of labor, the furnishing and incorporating of materials and equipment into the Work and the furnishing of services (other than Design Professional Services) and documents, all as required by the Contract Documents. 10. Construction Subagreement — A written agreement between Design/Builder and a construction Subcontractor for provision of Construction. 11. Contract — The entire and integrated written agreement between Owner and Design/Builder concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents — Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. 13. Contract Price — The moneys payable by Owner to Design/Builder for completion of the Work in accordance with the Contract Documents. 14. Contract Times — The numbers of days or the dates stated in the Agreement to (i) to achieve Substantial Completion, and 00 to complete the Work so that it is ready for finalpayment, as evidenced by Owner's Representative's written recommendation for final payment, and in accordance with paragraph 13.08. 15. Design/Builder — The individual or entity with whom Owner has entered into the Agreement. 15a. Design Materials — Any and all documents, shop drawings, electronic information, data, plans, drawings, sketches, illustrations, specifications, descriptions, models and other information developed, prepared, furnished, delivered or required to be delivered by the Design/Builder (a) to the Owner under the Contract Documents or (b) developed or prepared by the Design/Builder specifically to discharge its duties under the Contract Documents. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 1, 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated W2004 1 N. ♦'In.l ill 16. Design Subagreement — A written agreement between Design/Builder and a design professional for provision of Design Professional Services. 17. Design Professional Services — Services related to the preparation of Drawings, Specifications, and other design submittals specified by the Contract Documents and required to be performed by licensed design professionals, as well as other services provided by or for licensed design professionals during Bidding/Negotiating, Construction, or Operational phases. 18. Drawings — Those portions of the Contract Documents prepared by or for Design/Builder and approved by Owner consisting of drawings, diagrams, illustrations, schedules and other data which show the scope, extent, and character of the Work. 19. 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. 20. Field Order — A written order issued by Owner which orders minor changes in the Work in accordance with Article 9 — Changes in the Work; Claims, but which does not involve a change in the Contract Price or the Contract Times. 21. Hazardous Environmental Condition — The presence at the Site of Asbestos, Hazardous Waste, PCBs, Petroleum Products or Radioactive Materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto on connection with the Work. 22. Hazardous Waste — The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 23. 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. 23a. Legal Holidays — Those holidays observed by the City of Fort Collins. 24, Liens — Charges, security interests or encum- brances upon real property or personal property. 25. 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. 26. Notice of Award —The written notice by Owner to the successful proposer stating that upon compliance by the successful proposer with the conditions precedent included therein, within the time specified, Owner will sign and deliver the Agreement. 27. Notice to Proceed — A written notice given by Owner to Design/Builder fixing the date on which the Contract Times will commence to run and on which Design/Builder shall start to perform the Work. 28. Owner — The individual or entity with whom Design/Builder has entered into the Agreement and for whom the Work is to be performed. 29. Owner's Consultant — An individual or entity with whom the Owner may contract to furnish services to Owner with respect to the Project and who is identified as such in the Supplementary Conditions. 30. 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, 31. PCBs — Polychlorinated biphenyls. 32. 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. 33. 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. 34. Proposal — The documents submitted by Design/Builder in response to the Request for Proposals setting forth the design concepts, proposed prices, and other conditions for the Work to be performed. 35. 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. 35a. Regular Working Hours — 7:00 a.m. to 6:00 p.m., Mondaythrough Friday, unless otherwise specified in the Contract Documents. 36. Request for Proposals —The document prepared by or for Owner specifying and describing Owner's EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright x(72002 National Society of Professimral Engineers for EJCDC. All rights reserved, tocludes City of Port Collins modifications dated 09/2004 2 objectives and the procedure to be followed in preparing and submitting a Proposal and awarding a contract. 37. Resident Project Representative — The authorized representative of Owner who may be assigned to the Site or any part thereof. 37a. 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 shall be 'u� deed. 38. Schedule of Values — A schedule prepared by Design/Builder and acceptable to Owner indicating that portion of the Contract Price to be paid for each major component of the Work. 38a. Shop Drawings — All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for Design/Builder and submitted by Design/Builder to illustrate some portion of the Work. 39. Site — Lands or other areas designated in the Contract Documents as being furnished by Owner upon which Construction is to be performed, including rights -of - way and easements for access thereto, and such other lands furnished by Owner which are designated for use of Design/Builder. 40, Specifications — The part of the Contract Documents prepared by or for Design/Builder and approved by Owner consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 41. Subcontractor — An individual or entity other than a Supplier having a direct contract with Design/Builder or with any other Subcontractor for the performance of a part of the Work. 42. Submittal — A written m graphic document prepared by or for Design/Builder which is required by the Contract Documents to be submitted to Owner by Design/Builder. Submittals may include Drawings, Specifications, progress schedules, shop drawings, samples, cash flow projections, and Schedules of Values. Submittals other than Drawings and Specifications are not Contract Documents. 43. Substantial Completion — The time at which the Work (or a specified part) has progressed to the point where it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions — The part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier— A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with Design/Builder or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Design/Builder or any Subcontractor. 45a. Underground Facilities — All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liouid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 46. Unit Price Work — Work to be paid for on the basis of unit prices. 47. Work — The entire construction or the various separately identifiable parts thereof required to be performed or furnished under the Contract Documents. Work includes and is the result of performing or furnishing Design Professional Services and Construction required by the Contract Documents. 48. Work Change Directive —A written directive to Design/Builder, issued on or after the Effective Date of the Agreement and signed by Owner ordering an addition, deletion or revision in the Work, or responding to differing site conditions under which the Work is to be performed or to emergencies. 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. 1.02 Terminology A. Intent of Certain Terms or Adjectives: 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2. The word "defective," when modifying the words "Construction' or "Work" refers to Construction or Work that is unsatisfactory, faulty, or deficient in that FACDC D-700 Standard General Conditions of the Contract Between Ownerand Design/Builder Copyright ,r4002 National Society of Professional Engineers for EICDC. All rights reserved. includes City of Fort Collins modifications dated 09Y2004 3 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 Owner's final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion) provided that the defect was not caused by Owner. 3. The word "furnish," when used in connection with services, materials, or a ui ment, shall mean to supply and deliver said services, materials or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 4, The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials or equipment or equipment complete and ready for intended use. 5. The words "perform" or "provide" when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 6. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, orequipment in a context clearly requiring an obligation of Design/Builder, "provide" is implied. 7. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with that meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When Design/Builder delivers the executed Agreements to Owner, Design/Builder shall also deliver to Owner such Bonds as Design/Builder may be required to furnish in accordance with paragraph 5.01.A. 2.02 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, 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. Unless agFeed to in writing by Owne_ an' 2.03 Starting the Work A. Design/Builder shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.04 Before Starting the Work A. DesignBuilder's Review of Contract Documents: Before undertaking each part of the Work, Design/Builder shall carefully study and compare those Contract Documents prepared by Owner and check and verify pertinent figures therein and all applicable field measurements. Design/Builder shall promptly report in writing to Owner any conflict, error, ambiguity, or discrepancy which Design/Builder may discover and shall obtain a written interpretation or clarification from Owner before proceeding with any Work affected thereby; however, Design/Builder shall not be liable to Owner for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Design/Builder knew or reasonably should have known thereof. B. Preliminary Schedules: Within 10 days after commencement of the Contract Times (unless otherwise specified in the Contract Documents), Design/Builder shall submit the following to Owner for its timely review: 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. A preliminary schedule of Submittals which will list each required Submittal and the times for submitting, reviewing and processing each Submittal; in no case will a schedule be acceptable which allows less than seven (7) calendar days for each review by owner. 3. A preliminary Schedule of Values for all of the Work which will include quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and Profit applicable to each item of Work; and 4. A preliminary cash flow projection estimating that portion of the Contract Price to be due during each month of performance. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 C. Evidence of Insurance: Before any Work at the Site is started, Design/Builder ME[ ^W::ef Shall eee : del:. _• W h@ purehase and ...,,main in aeeeFdanee with Ai4iele S. shall deliver to Owner certificates of insurance (and other evidence of insurance requested by Owner) which Design/Builder is required to purchase and maintain in accordance with Article 5 — Bonds and Insurance. 2.05 Initial Conference A. Within twenty days after the Contract Times start to run, Design/Builder will arrange a conference attended by Owner and Design/Builder and others as appropriate to establish a working understanding among the parties as to the Work and to discuss the design concepts, schedules referred to in paragraph 2.04.13, procedures for handling Submittals, processing Applications for Payment, maintaining required records, items required pursuant to paragraph 8.01.A.6 and other matters. 2.06 Initial Acceptance of Schedules A. At least ten days before submission of the first Application for Payment (unless otherwise provided in the Contract Documents), Design/Builder will arrange a conference attended by Design/Builder, Owner and others as appropriate to review for acceptability the schedules submitted in accordance with paragraph 2.04.B. Unless otherwise provided in the Contract Documents, before any work at the site begins, a conference attended by Design/Builder, Owner's Reoresentative and others as desi nag ted by Owner will be held to review for acceptability to Owner as provided herein the schedules submitted in accordance with paragraph 2.04.B. Design/Builder 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 Design/Builder until the acceptable schedules are submitted to Owner. 1. The progress schedule will be acceptable to Owner if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times Such acceptance will not impose on Owner responsibility for the progress schedule for sequencing scheduling or progress of the Work nor interfere with nor relieve Design/Builder from Design/Builder's full responsibility therefor. 2. Design/Builder's schedule of Submittals will be acceptable to Owner if it provides a workable arrangement for reviewing and Processing the required Submittals. 3. Design/Builder's Schedule of Values will be acceptable to Owner as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the work ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be designed and constructed in accordance with the Contract Documents. Any labor, documentation, services, 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 at no additional cost to Owner. C. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "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 Owner 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 Owner 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 any provision of the Contract Documents. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws or Regulations. 1. Reference to standards specifications manuals or codes of any technical society, organization or association, or to Laws or Regulations whether such reference be specific or by implication shall mean the latest standard, specification, manual code or Laws or Regulations in effect on the last day for receipt of Proposals except as may be otherwise specifically stated in the Contract Documents EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright t )2002 National Society of Professional Engineers for FJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09,2004 5 SECTION 00530 NOTICE TO PROCEED Description of Work: 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 Completion and Final Acceptance shall be and , 20 , respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE F Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR: By: Title: 2 Section 00530 Page 1 2 No provision of any such standard, specification, manual, code, or instruction of a Supplier shall be effective to change the duties and responsibilities of Owner. Design/Builder, 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 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 the Contract Documents. 3.03 Resolving Discrepancies A. In the event of a discrepancy between the Conceptual Documents on the one hand and the Proposal or Drawings or Specifications on the other hand, the Conceptual Documents will control except when Owner has approved a Submittal pursuant to paragraph 6.17.13. B. Except as otherwise specifically stated in the Contract Documents, 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: 1. The provisions of any such standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 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 Reg_ulation). 3. In the event of conflicting or ambiguous provisions within the Contract Documents, specifications will take precedence over the drawings and addenda will take precedence over both. Notwithstanding the foregoing, the more specific provision will take precedence over the less specific; the more stringent will takeprecedence over the less stringent; the more expensive item will take precedence over the less expensive. On all drawings,figures take precedence over scaled dimensions. Scaling of dimensions, if done, is done at the Design/Builder's own risk. C. If, during the performance of the Work, Design/Builder 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 Surlier referred to in paragraph 3.03.13, DesignBuilder shall report it to Owner in writing at once, and Design/Builder shall not proceed with the Work affected thereby (extent in an emergency as authorized by paragraph 6.16) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04.A: provided, however, that Design/Builder shall not be liable to Owner for failure to report any such conflict, error, ambiguity, or discrepancy unless Design/Builder knew or reasonably should have known thereof. 3.04 Amending and Supplementing Contract Documents A. 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: 1. Owner's approval of refired Submittals (pursuant to paragraph 6.17.13); 2. A Work Change Directive: 3. A Change Order; 4. A Field Order; 5. A formal Written Amendment. 3.05 Use of Design Materials A. All documents including Drawings and Specifications prepared or furnished by Design/Builder pursuant to this Agreement are for Design/Builder's own use, and Design/Builder shall retain an ownership and property interest therein whether or not the Project is completed. Owner may make and retain copies for information and reference in connection with the use and occupancy of the Project by Owner and others. However, such documents are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse or any continued use after any termination without written verification or adaptation by Design/Builder for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Design/Builder and Owner shall indemnify and hold harmless Design/Builder and Subcontractors from all claims, damages, losses and expenses including attorneys' fees- arising out of or resulting therefrom. Any such verification or adaptation will entitle Design/Builder to further compensation at rates to be agreed upon by Owner and Design/Builder. The Owner shall have unlimited rights to copy and use in connection with the Proiect all Design Materials, includingthe he right to use same on the Proiect at no additional cost to the Owner, regardless of degree of completion, provided that said services performed have been fully paid for as required by the terms of this Agreement. The Design/Builder agrees to and does herby grant to the Owner and any assignee or successor of the Owner as owner of the EXEC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright s'2002 National Society of Professional Engineers for E1CDC. All rights reserved. Includes City of Fort Collins modifications dated 092004 6 Project a royalty -free license to any such Design materials as to which the Design/Builder may assert any rights under the patent or copyright laws. The Design/Builder hereby assigns outright and exclusively to the Owner all copyrights in the design appearance of the Project. The DesignBuilder, as part of its agreements with any Subcontractor or consultant, will secure such license and use rights from each such entity, and shall defend, indemnify and hold the Owner and any successors or assigns harmless from any claims by such entities for copyright or patent infringement. B. The Drawings, Specifications and other documents prepared for this Project are for use solely with respect to this Project and the author of these documents, consistent with Owner's ownership of the design, shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Drawings, Specifications or other documents shall not be used by the Owner or others on other projects. Submission or distribution of documents to meet official regulatory requirements or for other similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved herein. C. Subject to Owner's remedies for a default, the Owner shall release the Design/Builder, its Subcontractors, consultants, and their respective agents and employees from all Owner's claims, liabilities, demands, actions, costs and expenses (including reasonable attorney's and expert's fees and costs) (a) arising from any use by the Owner, its successors or assigns of such Design Materials if the DesignBuild Agreement is terminated by the Owner prior to Substantial Completion of the Work, or (b) arising as a result of amendments or modifications of any such Design Materials made without the prior consent of Design/Builder, and which do not result from errors, omissions or negligence in the Design Materials supplied hereunder. D. Upon conclusion of the Project and before final payment, Design/Builder shall provide Owner with reproducible drawings and electronic computer files of the Project containing accurate information on the Project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non -fading process proven suitable for long-term storage and high -quality reproduction. Electronic computer files shall be in AutoCAD Version 13 format. 3.06 Electronic Data A. Copies of data furnished by Owner to Design/Builder or Design/Builder to Owner that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the daWs creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; DIFFERING SITE SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS; HAZARDOUS ENVIRONMENTAL CONDITIONS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Design/Builder of any encumbrances or restrictions not of general application but specifically related to use of the Site which Design/Builder will have to comply in performing the Work. Unless otherwise provided in the Contract Documents, Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Design/Builder 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 the Site, Design/Builder may make a Claim therefor as provided in Article 9. B. Upon reasonable written request, Owner shall furnish DesignBuilder with a current statement of record legal title and legal description of the lands upon which the Construction is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws or Regulations. C. Design/Builder shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright %'j2002 National Society of Professional Engineers for EJCDC. All rights reserved_ Includes City of Fort Collins modifications dated 092004 7 s. -1 4 A. Design/Builder shall promptly, and before the conditions are disturbed, give a written notice to Owner of (i) subsurface or latent physical conditions at the Site which differ materially from those indicated in the Contract Documents, or (ii) unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character called for by the Contract Documents. B. Owner will investigate the Site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Design/Builder's cost of, or the time required for, performing any part of the Work, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the Contract Price or Times modified in writing by Change Order in accordance with Article 9. C. No request by Design/Builder for an equitable adjustment under paragraph 4.02 shall be allowed unless Design/Builder has given the written notice required; provided that the time prescribed in 9.03.A for giving written notice may be extended by Owner. D. The provisions of this paragraph 4.02 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. A. Reports and Drawings: Refer to these Supplementary Conditions for identification of: 1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by Owner in preparing the Contract Documents, including the following: See Section 00800 Supplementary Conditions Design/Builder may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretation or opinions contained therein or upon the completeness of any information in the report. 2. Phvsical 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 OWNER in preparing the Contract Documents. a. No drawings of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.02.G) which are at or contiguous to the site have been utilized in preparation of the Contract Documents, except the following: See Section 00800 Supplementary Conditions B. Limited Reliance by Design/Builder Authorized; Technical Data: Design/Builder 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 Request for Proposals or in these Supplementary Conditions. Except for such reliance on such "technical data", DesignBuilder may not rely upon or make any claim against Owner, with respect to: (i) the completeness of such reports and drawings for Design/Builder's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by DesignBuilder and safety precautions and programs incident thereto, or (ii) other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or (iii) any Design/Builder interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. C. Notice of Differing Subsurface or Physical Conditions: If Design/Builder believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Design/Builder is entitled to rely as provided in paragraphs 4.02.A and 4.02.B is materially inaccurate, or 2. is of such a nature as to require a change in the Contract Documents, or 3. differs materially from that shown or indicated in the Contract Documents, or 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; or 5. is of such a nature as to reasonably be suspected of containing or constituting Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material, or such other substances or materials that may result in significant damage or injury or require compliance with specifically applicable regulatory requirements, unless confirmation of the absence of such condition has previously been provided; then Design/Builder shall, 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 6.16), notify Owner in writing about such condition. Design/Builder shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. D. Owner's Review: Owner will promptly review the pertinent conditions and determine the necessity of obtaining additional exploration or tests with respect thereto. E1CDC D-700 Standard General Conditions of the Contract Between Owner and DesigruBuilder Copyright a'>2002 National Society of Professional Engineers for EX13C. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 8 E. Possible Contract Documents Change: If Owner 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 4.02.C, a Work Change Directive or a Change Order will be issued as provided in Article 9 to reflect and document the consequences of such change. F. 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 Design/Builders cost of, or time required for performance of, the Work; subject, however, to the following: 1. such condition must meet any one of more of the categories described in paragraph 4.02.C; 2. a change in the Contract Documents pursuant to paragraph 4.02.E will not be an automatice authorization of nor a condition precedent to entitlement to any such adjustment; 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 paragraph 10.03; and 4. Design/Builder shall not be entitled to any adjustment in the Contract Price or Times if: a. Design/Builder knew of the existence of such conditions at the time Design/Builder made a final commitment to Owner in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or b. 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 Request for Proposals or Contract Documents to be conducted by or for Design/Builder prior to Design/Builder's making such final commitment; or C. Design/Builder failed to give the written notice within the time and as required by Paragraph 4.02.0 above. 5. If Owner and Design/Builder 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 10 and 11. However, Owner shall not be liable to Design/Builder for any claims, costs, tosses or damages sustained by Design/Builder on or in connection with any other project or anticipated project. G. Physical Conditions —Underground Facilities: 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 by the owners of such Underground Facilities or by others Unless it is otherwise expressly provided in the Supplementary Conditions, Owner shall not be responsible for the accuracy or completeness of any such information or data, and the cost of all of the following will be included in the Contract Price and Design/Builder shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, C. coordination of the Work with the owners of such Underground Facilities during construction, and d. the safety and protection of all Underground Facilities as provided in paragraph 6.13 and repairing any damage thereto resulting from the Work. 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, Design/Builder shall, 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 6.16), identify the owner of such Underground Facility and give written notice to that owner and to Owner. Owner 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 Owner 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 9 to reflect and document such consequences. During such time, Design/Builder shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.12. Design/Builder 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 Design/Builder did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Design/Builder are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, Design/Builder may make a claim therefor as provided in Articles 10 and I I. However, Owner shall not be liable to Design/Builder for any claims, costs, losses or damages incurred or sustained by Design./Builder on or in connection with any other project or anticipated project. F_ICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright aj2002 National Society of Professional Engineers for E)CDC. All rights reserved. Includes City of Port Collins modifications dated 092004 9 4. . Iml it 4.03 Reference Points A. Design/Builder shall be responsible for laying out the Work and shall protect and preserve the reference points and property monuments established by Owner pursuant to paragraph 8.0l.A.6.e, and shall make no changes or relocations without the prior written approval of Owner. Design/Builder shall report to Owner whenever any reference point or property monument 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 or property monuments by professionally qualified personnel. 4.04 Hezfirdous Envir-Anmental Condition at Site Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material A. Design/Builder will not be responsible for any Hazardous Environmental Condition encountered at the Site which was not identified in the Contract Documents to be within the scope of the Work. Design/Builder shall be responsible for materials creating a Hazardous Environmental Condition created by any materials brought to the Site by Design/Builder, Subcontractors, Suppliers or anyone else for whom Design/Builder is responsible 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 unless such substance or material should have been ascertained by Design/Builder in accordance with paragraph 4 02 C.5 OWNER shall not be responsible for any such materials brought to the site managed, stored, or disposed of by DesignBuilder, Subcontractors. Suppliers, or anyone else for whom Design/Builder is responsible.. B. If Design/Builder encounters a Hazardous Environmental Condition, Design/Builder shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Construction in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify Owner (and thereafter confirm such notice in writing). Owner shall promptly determine the necessity of retaining a qualified expert to evaluate such condition or take corrective action, if any. C. Design/Builder shall not be required to resume Construction in connection with such Hazardous Environmental Condition or in any such affected area until after Owner has obtained any required permits related thereto and delivered to Design/Builder written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Construction, or (ii) specifying any special conditions under which such Construction may be resumed safely. If Owner and Design/Builder cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Construction stoppage or such special conditions under which Construction is agreed to be resumed by Design/Builder, either party may make a Claim therefor as provided in Article 9. D. If after receipt of such special written notice Design/Builder does not agree to resume Construction based on a reasonable belief it is unsafe, or does not agree to resume such Construction under such special conditions, then Owner may order such portion of the Work that is related to such Hazardous Environmental Condition to be deleted from the Work. If Owner and Design/Builder cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Article 9. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. E. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design/Builder, Subcontractors, Suppliers and the officers, directors, partners, employees, agents, other consultants and subcontractors 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) arising out of or resulting from such Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Contract Documents to be included in the scope of the Work, and (iii) was not created by Design/Builder or by anyone for whom DesignBuilder is responsible. Nothing in this paragraph 4.04.E shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. F. To the fullest extent permitted by Laws or Regulations. DesignBuilder shall indemnify and hold harmless Owner, Owner's Consultant and the officers, directors, partners, employees, agents, other consultants and subcontractors 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) arising out of or resulting from such Hazardous Environmental Condition created by Design/Builder or anyone for whom Design/Builder is responsible. Nothing in this paragraph 4.04.F shall obligate Design/Builder to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. ARTICLE 5 — BONDS AND INSURANCE E.ICDC D-700 Standard General Conditions of the Contract Between Owner and Desigru Builder Copyrights 2002 National Society of Professional Fttgineers for FJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09'2004 10 5.01 Performance, Payment and Other Bonds A. Design/Builder 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 Design/Builder's obligations to furnish, provide and pay for Work and related materials 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. Design/Builder shall also furnish such other Bonds as are required by the Contract Documents. B. 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 by the Audit Staff, Bureau of Government Financial Operations, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by Design/Builder 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 5.0LB and 5.02, Design/Builder shall within twenty ten 10 days thereafter substitute another Bond and surety, both of which `hall eemply w4h the of paFagraphs c n, ra and 5.02 must be acceptable to Owner. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Design/Builder 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. 5.03 Certificates of Insurance A. Design/Builder shall deliver to Owner, with copies to each additional insured indicated in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Design/Builder is required to purchase and maintain. ov"net stealI He! N,er to 5.04 Design/Builder's Liability Insurance A. Design/Builder shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Design/Builder's performance of the Work and Design/Builder's other obligations under the Contract Documents, whether it is to be performed by Design/Builder, any Subcontractor or Supplier or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. Claims under workers' compensation, disability benefits and other similar employee benefit Acts 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Design/Builder's em loyee% 3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Design/Builder's employees: 4. Claims for damages insured by reasonably available personal injury liability coverage which are sustained (i) by any person as a result of an offense directly or indirectly related to the employment of such person by Design/Builder, or ii by any other person for any other reason; 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 6. Claims for damages because of bodily iniury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by paragraph 5.04.A shall: 1. With respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, 5.04 B.3 a — coo (subiect to any customary exclusion in respect of professional liability) include as additional insureds Owner and Owner's Consultants and any other persons or entities indicated in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective EJCDC D-700 Standard General Conditions of the Contract Between Owner and DesignBuilder Copyright 1�2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 1 1 officers, directors, partners, and employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. Include atleast 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; the limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For paragraphs 5.04.A.1 and 5.04.A.2: Coverage A — Statutory limits: Coverage B -- $100,000/ $100,000/ 500 000. For paragraphs 5.04.A.3 and 5.04.A.5: The Commercial General Liability Policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosions, Collapse, and Underground coverage unless waived by the Owner. For paragraph 5.04.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). . For paragraph 5.04.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. For paragraph 5.02.C: The Professional Liability Errors & Omissions policy will have limits of $5,000,000. 3. Include completed operations insurance; 4. Include contractual liability insurance covering Desien/Builder's kndemnkt, eb4eat eft , ._ [I C[CIO[[3 Q[IpC[ I�u 5. Contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to Owner and each other additional insured indicated in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Design/Builder pursuant to paragraph 5.03 will so rovide 6. Remain in effect at least until final payment and at all times thereafter when Design/Builder may be correcting, removing or replacing defective Construction in accordance with paragraphs 12.06 and 12.07; and 7. With respect to completed operations insurance, and any other insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and Design/Builder shall furnish Owner and each other additional insured indicated 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). C. Design/Builder's Professional Liability Errors & Omissions Insurance. Design/Builder shall purchase and maintain such Professional Liability Errors & Omissions insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims which may arise out of or result from Design/Builder's performance and furnishing of the Work and Design/Bui[der's other obligations under the Contract Documents, whether it is to be performed or furnished by Design/Builder, any Subcontractor or Supplier, or by anyone direct 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. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Design/Builder under paragraph 5.04, 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. 5.06 Pfepeety Builders Risk Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Construction at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws or Regulations). This insurance will: 1. Include the interests of Owner Owner's Consultant, Design/Builder, Subcontractors, and any other individuals or entities indicated in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. Be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Construction, temporary buildings, falsework and all materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright Ri2002 National Society of Professional Engineers for FJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 12 malicious mischief, earthquake, collUsse, debris removal, demolition occasioned by enforcement of Laws or Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. Include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. Cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Construction, provided that such materials and equipment have been included in an Application for Payment approved by Owner; 5. Allow partial utilization in accordance with paragraph 13.06; 6. Include testing and startup; and 7. Be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner and Design/Builder with thirty days' written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws or Regulations which will include the interests of Owner, Owner's Consultants, Design/Builder, Subcontractors, and any other individuals or entities indicated in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by Owner in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to Design/Builder and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of DesignBBuilder, Subcontractors, Suppliers, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount, will be borne by Design/Builder, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Design/Builder requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Design/Builder by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Design/Builder whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Design/Builder intend that all policies purchased in accordance with paragraph 5.06 will protect Owner, Owner's Consultant, Design/Builder, Subcontractors, Suppliers, and all other individuals or entities indicated in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Design/Builder waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Owner's Consultant, Subcontractors, Suppliers, and all other individuals or entities indicated in the Supplementary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against DesignBuilder, Subcontractors, and Suppliers and the officers, directors, employees and agents of any of them for: 1. Loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property caused by, arising out of or resulting from fire or other peril whether or not insured by Owner: and 2. Loss or damage to the completed Project or any part thereof caused by. arising out of. or resulting from fire or other insured peril or cause or loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to paragraph 13.06, after Substantial FJCDC D-700 standard General Conditions of the Contract Between Owner and Design/Builder Copyright ()2002 National Society of Professional Fngineers for FJCDC. All rights reserved Includes City of port Collins modifications dated 09/2004 13 Completion pursuant to paragraph 13.05, or after final payment pursuant to paragraph 13.08. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Design/Builder, Subcontractors, Owner's Consultant, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 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 5.08.13. 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 Construction 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. B. 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 15 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 efla :f fequi«ed in i i by ..- an aF. ..as,ime_est n..ef f:.i.,eiafy shall give bond fe,- " the plcepe« erf,..-..Aanee of s „h datie.. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner OF ''d has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the tehen-may Design/Builder in accordance with Article 5 on the basis of their not complying with the Contract Documents, the ol- eeti pa, � Owner shall so notify the athei, pai4y Design/Builder in writing within ten fifteen days after receipt of the certificates (or other evidence requested) required by paragraph 2.04.C. Owner and LPesigH,113 ildeF shall eaeh pFe.,ide to the ethe« .. eh additional .nw,...wv.efi in Fespect Of I e pfevided as the OtheF may Feasenably e est if either paFty ,Lye. et ..ehasp, Ar stain All of the Bends and insuFanOe Fequirad of.. eh paf4, byh., the e r,......,,,,t Doeuments, „h ......«., ,.Hall ..et a, the ,aheF ..'titIg of.. elt f :i e t,... FehaSe pfier te the st,. „t 0 P'* ihet lEAE, er of suehr-1.3il .. t,.... ,.t,.:« .. «to a eh......e �!lilllioilkllp "I 5.10 Partial Utilization, Acknowledgment of Property Insurance A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 13.06, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 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 canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — DESIGN/BUILDER'S RESPONSIBILITIES 6.01 Design Professional Services A. Standard of Care. The standard of care for Design Professional Services performed or furnished under this Agreement will be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality. B. Preliminary Design Phase. After the Contract Times commence to run, Design/Builder shall: I. Consult with Owner to understand Owner's requirements for the Project and review available data: 2. Advise Owner as to the necessity of Owner's providing or obtaining from others additional reports, data, or services of the types provided in paragraph 8.01.A.6.a-la and assist Owner in obtaining such reports. data, or services 3. Identifv and analvze reouirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by Design/Builder with whom consultation is to be undertaken in connection with the Project; 4. Obtain such additional geotechnical and related information which it deems necessary for performance of the Work; I?.ICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright'(12002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 14 5. On the basis of the Conceptual Documents and Design/Builder's Proposal prepare preliminary design documents consisting of final design criteria preliminary drawings, outline specifications, and written descriptions of the Project: 6. Furnish the preliminary design documents to and review them with Owner within the times indicated in the schedules described in paragraphs 2.06.A.1 and 2.06.A.2: and 7. Identify any variations in the preliminary design documents from the Contract Documents in accordance with 6.17.B. C. Final Design Phase. After written acceptance by Owner of the preliminary design phase documents Design/Builder shall: 1. On the basis of the accepted Preliminary Design Phase documents, prepare final Drawings showing the scope, extent, and character of the Construction to be performed and furnished by Design/Builder and Specifications (which will be prepared, where appropriate, in general conformance with the sixteen division format of the Construction Specifications Institute); 2. Provide technical criteria, written descriptions and design data required for obtaining approvals of such governmental authorities as have iurisdiction to review or approve the final design of the Project and assist Owner in consultations with appropriate authorities' 3. Furnish the above documents Drawings, and Specifications to and review them with Owner within the times indicated in the schedules described in paragraphs 2.06.A.I and 2.06.A.2: and 4. Identify any deviations from other Contract Documents in accordance with paragraph 6.17.13. 6.02 Supervision and Superintendence of Construction A. Design/Builder shall supervise, inspect and direct the Construction competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to provide the Construction in accordance with the Contract Documents. Design/Builder shall be solely responsible for the means, methods, techniques, sequences and procedures of Construction. Design/Builder shall be responsible to see that the completed Construction complies accurately with the Contract Documents and shall keep Owner advised as to the quality and progress of the Construction. B. At all times during the progress of Construction, the Design/Builder shall assign a competent resident superintendent thereto, who shall not be replaced without written notice to Owner except under extraordinary circumstances. The superintendent will be Design/Builder's representative at the Site and shall have authority to act on behalf of Design/Builder. All communications given to or received from the superintendent shall be binding on Design/Builder. 6.03 Labor, Working Hours A. Design/Builder shall provide competent, suitably qualified personnel to perform the Work as required by the Contract Documents. Design/Builder shall at all times maintain good discipline and order at the Site. B. 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 Construction at the Site shall be performed during rRegular wWorking hHours, and Design/Builder will not permit overtime work or the performance of Construction on Saturday, Sunday or any 11-egal hHoliday without Owner's written consent, whieh will Zt he " "^ " withheld Design/Builder shall submit requests to Owner no less than 48 hours in advance of any Work to be performed on Saturday. Sunday Legal Holidays, or outside Regular Working Hours. 6.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Design/Builder shall furnish or cause to be furnished and assume full responsibility for 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 Work. 1. Purchasing Restrictions: DesignBuilder must comply with the City's purchasing restrictions. Copies of the resolution(s) are available for review in the offices of the Purchasing and Risk Management Division or the city Clerk's office. 2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of Owner. If reasonably required by Owner, DesignBuilder shall furnish E.ICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright «)2002 National Society of Professional Engineers for E]CDC. All rights reserved. Includes City of Fort Collins modifications dated 09,2004 15 • . I..i. .. N SECTIO)H 0:j=10 PERFOF.M)LNCE BOND Bond Nc. 34BCSDL3451 KNOW ALL MEN BY THESE PRESENTS: that iFirm)Finkard Construction Co. (Address) 9195 West 6th Avenue, Lakewood, CO 80215 (a Corporation), hereinafter referred_ to as the "Principal" and (Firm) Hartford Accident and Indemnity Company (Address) 7670 South Chester Street, Englewood, CO 80112 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred tc as the "OWNER", in the penal sum of coven M;ll;nn Three Hundred Sixty Six* ------ in lawful money of he 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. *Thousand Five Hundred Two and N01100 Dollars ---------------------- ($7,366,502.00) THE CONDITIONS OF THTS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER., dated the 2nd day of August, 20 05 a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, P983 Horthside Aztian Center Design Build. 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 OWNED., with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the 0WHEP from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNED all outlay and expense whit;, the OWNEE may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. This performance bond shall not apply to design errors or omissions which result from the performance of professional services under the construction contract as an architect or engineer. Notwithstanding the guaranteed maximum price provided for in the agreement and other provisions of the agreement, the Surety's liability shall not exceed the penal sum of the performance bond. 7!96 Section 00610 Pace 1 satisfactory evidence (including reports of required tests) as to the source, 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. 6.05 Progress Schedule A. Design/Builder shall adhere to the progress schedule established in accordance with paragraph 2.06.A as it may be adjusted from time to time as provided below: 1. Design/Builder shall submit to Owner for acceptance proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adiustments will conform generally to the progress schedule then in effect, and will comply with any provisions of the Contract Documents applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 11.02. Such adjustments may only be made by a Change Order or. 6.06 Concerning Subcontractors, Suppliers, and Others A. Design/Builder shall not employ any Subcontractor, Supplier, or other individual or entity against whom Owner may have reasonable objection. Design/Builder shall not be required to employ any Subcontractor, Supplier or other individual or entity to furnish or perform any of the Work against whom Design/Builder has reasonable objection. Design/Builder shall perform not less than 20 percent of the Work with its own forces (that is without subcontracting)_ The 20 percent requirement shall refer to the Work the value of which totals not less than 20 percent of the Contract Price B. Design/Builder shall be fully responsible to Owner for all acts and omissions of the Subcontractors, Suppliers and other individuals or entities performing or furnishing any of the Work just as Design/Builder is responsible for Design/Builder's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner and any such Subcontractor, Supplier, or other individual or entity, nor shall it create any obligation on the part of Owner to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws or Regulations. C. Design/Builder shall be solely responsible for scheduling and coordinating Subcontractors, Suppliers and other individuals and entities performing or furnishing any of the Work under a direct or indirect contract with Design/Builder. The divisions and sections of the Specifications and the identifications of any Drawin s shall not control Design/Builder in dividing the Work among Subcontractors and Suppliers or delineating the Work to be Performed by any specific trade. D. Design/Builder shall require all Subcontractors, Suppliers and such other individuals and entities performing or furnishing any of the Work to communicate with the Owner through Design/Builder. E. All Work performed for Design/Builder by a Subcontractor or Supplier will be pursuant to an appropriate Design Subagreement or Construction Subagreement between Design/Builder 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. Whenever any sueh agFeement is ,vith SUbeeRtFaetef eF Supplier whe is listed as an additional the agFeeFnent between the Design/Bailder and the StfbeentFaeter or Supplieru rights vn vv-rrcr Desi b eOwnelcls Consultant, and all etheF additieRal arry Of theffl) f6F all losses and damages eaused by any of the IIYRIn@14 _ pp!ieable te 1. \II I, I. rF err any ,.1. ,.I: e o e ..te o faFrirs to 1. si.1 by > C heeHtraetef of c YY li . n 6m 'ta will abilain the same. 6.07 Patent Fees and Royalties A. Design/Builder 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 Conceptual Documents for use in the performance of the Construction and if to the actual knowledge of Owner 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 Conceptual Documents. B. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner and Owner's Consultant, and the officers, directors, partners, employees or 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) arising out of or resulting from any EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright a�2002 National Society of Professional Engineers for EJCDC All rights reserved. Includes City of Fort Collins modifications dated 09/2004 16 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 identified in the Conceptual Documents. C. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design/Builder and its officers, directors, partners, employees or agents, Subcontractors and Suppliers 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) 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 required by the Conceptual Documents. 6.08 Permits A. Unless otherwise provided in the Contract Documents, Design/Builder shall obtain and pay for all necessary permits, licenses, and approvals of governmental authorities having jurisdiction over the Work. Owner shall assist Design/Builder, when necessary, in obtaining such permits, licenses and approvals. Design/Builder shall pay all governmental charges and inspection fees necessary for the performance of the Work, which are applicable on the last day for receipt of Proposals or on the effective date of the Agreement. Design/Builder shall pay all charges of utility owners for connections to the Work, and Design/Builder shall pay fees as provided in the Supplemental Conditions. Owner stall nay all ehafges of skieh t'l' awneFs, r relatedet$ 6.09 Laws or Regulations A. Design/Builder shall give all notices required by and comply with all Laws or Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Design/Builder's compliance with any Laws or Regulations. B. If Design/Builder performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Design/Builder shall bear all costs arising therefrom. C. Changes in Laws or Regulations not known on the date of receipt of Proposals having an effect on the cost or time of performance may be the subject of a change in Contract Price or Contract Times. 6.10 Taxes A. Design/Builder shall pay all sales, consumer, use, and other similar taxes required to be paid by Design/Builder in accordance with the Laws or Regulations of the place of the Project which are applicable during the performance of the Work. B. 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. Design/Builder must apply for, and receive, a Certificate of Exemption from the Colorado Department of Revenue for construction materials to be physically incorporated into the project. This Certification of Exemption provides that the Design/Builder shall neither pay nor include in his Proposal, sales and use taxes on those building and construction materials physically incorporated into the project. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, CO 80261 C. Sales and use taxes for the State of Colorado, Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable sales and use taxes (including State collected taxes) on any items other than construction and building materials physically incorporated into the project are to be paid by Design/Builder and are to be included in appropriate Work items. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas. 1. Design/Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to the Site and other areas permitted by Laws or Regulations and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment Design/Builder 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 2. Should any claim be made by any such owner or occupant because of the performance of Work Design/Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnifv and hold harmless Owner. Owner's Consultants and anyone EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright «'2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modificalions dated 092004 17 directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resultingfrom rom any claim brou hg t by any such owner or occupant against Owner, or any other party indemnified hereunder to the extent caused by or based upon Design/Builder's performance of the Construction. B. Removal of Debris. During the performance of the Construction, Design/Builder shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Construction. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws or Regulations. C. Cleaning. Prior to Substantial Completion, Design/Builder shall clean the Site and make it ready for utilization by Owner. At completion of Construction, Design/Builder shall remove all tools, appliances, construction equipment, temporary construction and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures. Design/Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Design/Builder subject any part of the Construction or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Design/Builder shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders and Work Change Directives in good order and annotated to show all changes made during performance of the Work. These record documents together with all approved Submittals will be available to Owner for reference. Upon completion of the Work and prior to release of final payment, these record documents and Submittals, including a reproducible set of record drawings as provided in paragraph 3.05.D, will be delivered to Owner. 6.13 Safety and Protection A. Design/Builder shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Design/Builder shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All persons on the Site or who may be affected by the Work; 2. All Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 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. B. Design/Builder shall comply with applicable Laws or Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Design/Builder 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. C. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Design/Builder, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Design/Builder. D. Design/Builder's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed and Owner has issued a notice to Design/Builder in accordance with paragraph 13.08.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Design/Builder 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. 6.15 Hazard Communication Programs A. Design/Builder 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. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright a)2002 National Society of Professional Engineers for EJCDC. Alt rights reserved_ Includes City of Fort Collins modifications dated OW2004 18 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Design/Builder is obligated to act to prevent threatened damage, injury or loss. Design/Builder shall give Owner prompt written notice if Design/Builder believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If a change in the Contract Documents is required because of the action taken by Design/Builder in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Submittals A. Owner will review and approve Submittals in accordance with the schedule of required Submittals accepted by Owner as required by paragraph 2.06.A. Owner's review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the construction, 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. Owner's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Owner's review and approval of Submittals shall not relieve Design/Builder from responsibility for any variation from the requirements of the Contract Documents unless Design/Builder has in a separate written communication at the time of submission called Owner's attention to each such variation and Owner has given written approval. C. Construction prior to Owner's review and approval of any required Submittal will be at the sole risk of Design/Builder. 6.18 Continuing the Work A. Design/Builder shall continue 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 Design/Builder and Owner may otherwise agree in writing. 6.19 Post -Construction Phase A. Design/Builder shall: 1. Provide assistance in connection with the start-up testing refininiz and adjusting of any equipment or system. 2. Assist Owner in training staff to operate and maintain the Work. 3. Assist Owner in developing systems and procedures for control of the operation and maintenance of and record keeping for the Work. 6.20 Design/Builder's General Warranty and Guarantee A. Design/Builder warrants and guarantees to Owner that all Constfuetion Work will be in accordance with the Contract Documents and will not be defective. DesignBui[der's warranty and guarantee hereunder excludes defects or damage caused by: 1. Abuse modification or improper maintenance or operation by persons other than DesignBuilder, Subcontractors, or Suppliers or any other individual for whom Design/Builder is responsible, unless such abuse modification or improper maintenance or operation was permitted by or could reasonably have been prevented by DesignBuilder, Subcontractors or Suppliers; or 2. Normal wear and tear under normal usage. B. Design/Builder'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 accordance with the Contract Documents or a release of Design/Bui]der's obligation to perform the Work in accordance with the Contract Documents: 1. Observations by Owner; 2 The making of any progress or final payment 3. The issuance of a certificate of Substantial Completion or any payment by Owner to Design/Builder under the Contract Documents: 4. Use or occupancy of the Work or any part thereof by Owner; SO" 5. Any acceptance by Owner or any failure to do EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright «,2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Port Collins modifications dated 09/2004 19 6. Any review and approval of a Submittal: 7. Any inspection, test or approval by others: or 8. Any correction of defective rcor �tPi �t v:r Work by Owner. 6.21 Indemnification A. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultants, and the officers, directors, partners, employees, agents, other consultants and subcontractors of each 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) arising out of or resulting from the performance of Eenstruetien the Work, provided that any such claim, cost, loss, or damage 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 is caused in whole or in part by any negligent act or omission of Design/Builder, any Subcontractor, any Supplier, or any individual or entity 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 an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against Owner, Owner's Consultant or any of their respective consultants, agents, officers, directors, partners or employees by any employee (or the survivor or personal representative of such employee) of Design/Builder, any Subcontractor, any Supplier, any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.21.A shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Design/Builder or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts or other employee benefit acts. C. The indemnification obligations of Design/Builder under paragraph 6.21.A shall not extend to the liability of Owner's Consultant, and their officers, directors, partners, employees, agents, other consultants, and subcontractors arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or specifications. 6.22 Survival of Obligations A. 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 CONSTRUCTION 7.01 Related Work at Site A. Owner may perform other Work related to the Project at the Site by Owner's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: i. Written notice thereof will be given to Design/Builder prior to starting any such other work: and 2. Design/Builder may make a Claim therefor as provided in Article 9 if Design/Builder believes that such performance will involve additional expense to Design/Builder or requires additional time and the parties are unable to agree as to the amount or extent thereof. B. Design/Builder 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, Design/Builder 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. Design/Builder 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 Owner and the others whose work will be affected. The duties and responsibilities of Design/Builder under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Design/Builder in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Design/Builder's Work depends upon work performed or services provided by others under this Article 7, Design/Builder shall inspect such other work and appropriate instruments of service and promptly report to Owner in writing any delays, defects or deficiencies in such other work E.ICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright cr2002 National Society of Professional Engineers for E.ICDC. All rights reserved. Includes City of fort Collins modifications dated 09/2004 20 or services that render it unavailable or unsuitable for the proper execution and results of Design/B ui I der's Work. Design/Builder's failure so to report will constitute an acceptance of such other work as fit and proper for integration with Design/Builder's Work except for latent or nonapparent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. The individual or entity who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified• 2. The specific matters to be covered by such authority and responsibility will be itemized: and 3. The extent of such authority and responsi- bilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility in respect of such coordination. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 General A. Owner shall do the following in a timely manner so as not to delay the services of Design/Builder: 1. Designate in writing a person to act as Owner's Representative with respect to the services to be rendered under this Agreement. Such Derson shall have complete authority to transmit instructions receive information, interpret and define Owner's policies make decisions with respect to performance of the Work and shall provide such other services as may be agreed upon; 2. Provide such legal services as Owner may require with regard to legal issues pertaining to the Proiect including any that may be raised by Design/Builder; 3. If requested in writing by Design/Builder, furnish reasonable evidence satisfactory to Design/Builder that sufficient funds are available and committed for the entire cost of the Project. Unless such reasonable evidence is furnished Design/Builder is not required to commence or continue any Work or may, if such evidence is not presented within a reasonable time stop Work upon 15 days notice to the Owner: 4. Make pavmerlts to Design/Builder promptly when they are due as provided in paragraph 13.03 and 13.08, 5. Furnish the Site as set forth in paragraph 4.01.A: 6 Furnish to Qgsign/Builder, as required for performance of Designuilderis Services the following, all of which Design/Builder may use and rely upon in Performing services under this Agreement: a. Environmental assessment and impact statements; b. Property, (boundary, easement, right-of- way, topographic, and utility surveys; C. Property descriptions; d. Zoning, deed, and other land use re- strictions; e. Engineering surveys to establish reference points for design and construction which in Owner's judgment are necessary to enable Design/Builder to proceed with the Work; f. Assistance to Design/Builder in filing documents required to obtain necessary permits, licenses, and approvals of governmental authorities having jurisdiction over the Project; g. Permits, licenses, and approvals of government authorities Owner is specifically required to obtain by the Contract Documents; and h. All subsurftrce data at or contiguous to the Site which Owner may have obtained. 7. Review Submittals subiect to Owner review pursuant to paragraph 6.1 .A• and 8. Provide information known to or in the possession of Owner relathng to the presence of materials and substances at the i Site which could create a Hazardous Environmental) Condition 8.02 Insurance A. Owner's responsibilities in respect of purchasing and maintaining li bility and property insurance are set forth in Article 5. i E.ICDC D-700 standard General Conditions of the Coulma Between Owner and Design,nuilderllI Copyright (02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins iprodifications dated 092004 21 8.03 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Design/Bui I der's means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Design/Builder to comply with Laws or Regulations applicable to the furnishing or performance of the Work. Owner will not be responsible for Design/Builder's failure to perform the Work in accordance with the Contract Documents. 8.04 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Materials uncovered or revealed at the Site is set forth in paragraph 4.04. 8.05 Resident Project Representation A. Owner may furnish a Resident Project Representative to observe the performance of Construction. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. 8.06 Owner's Consultant A. Owner's Consultant, if any, has no duties, responsibilities, or authorities with respect to Design/Builder, unless so provided in the Supplementary Conditions. ARTICLE 9 — CHANGES IN THE WORK; CLAIMS 9.01 Authorized Changes in the Work A. 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 it;;^ the 90 flefal S66ff Of ti CE)fltFaet by a Written Amendment, Change Order or a Work Change Directive. Upon receipt of any such document, Design/Builder shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 9.02 Unauthorized Changes in the Work A. Design/Builder 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 paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Construction as provided in paragraph 12.04. 9.03 Claims A. Notice. If Owner and Design/Builder are unable to agree on entitlement to, or on the amount or 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 any order of Owner pursuant to paragraph 9.01.A or other occurrence for which the Contract Documents provide that such adjustment(s) may be made, a Claim may be made therefor. Written notice of intent to make such a Claim shall be submitted to the other party promptly and in no event more than 15 days after the start of the occurrence or event giving rise to the Claim. B. Documentation. Substantiating documentation shall be submitted by the claiming party within 30 days after delivery of the notice required by paragraph 9.03.A. C. Decision. The other party shall render a decision on the Claim no more than 30 days after the receipt of the substantiating documentation required by paragraph 9.03.13. This decision will be final and binding unless the claiming party gives notice of intention to exercise its rights under Article 15 within 30 days of receipt of the decision and exercises such rights within 30 days of giving the notice of intent. D. Time Limit Extension. The time limits of paragraphs 9.03.13 and 9.03.0 may be extended by mutual agreement. 9.04 Execution of Change Orders A. Owner and Design/Builder shall execute appropriate Change Orders covering: 1. Changes in the Work which are (i) ordered by Owner pursuant to paragraph 9 01 (ii) required because of acceptance of defective Construction or Work under paragraph 12.08 or Owner's correction of defective Construction or Work under paragraph 12.09 or (iii) agreed to by the parties; and 2. Changes in the Contract Price or Contract Times which are agreed to by the parties including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive -.- 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, Design/Builder shall carry on the E.IC DC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ,2002 National Society of Professional Engineers for E.ICDC. All rights reserved. Includes City of Fort Collins modifications dated 092004 22 Work and adhere to the progress schedule as provided in paragraph 6.18. 9.05 Notice to Sureties A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (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 Design/Builder's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 9.06 Effect of Change Orders A. By the execution of a Change Order, a Work Change Directive, or Written Agreement, Owner and Design/Builder expressly acknowledge and agree that said Change Order, Work Change Directive, or Written Agreement provides for a fair and equitable adjustment in Contract Price and/or Contact Time for the additions, deletions, or revisions in the Work as authorized by said Change Order, Work Change Directive or Written Agreement. Owner and Design/Builder further expressly acknowledge and agree that claims for adjustments to the Contract Price and/or Contract Time covered by a Change Order, Work Change Directive or Written Agreement are not valid. ARTICLE 10— COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 10.01 Cost of the Work A. Costs Included. The term Cost of the Work means the sum of all costs necessarily incurred and paid by Design/Builder in the proper performance of the Work. When the value of Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Design/Builder will be only those additional or incremental costs required because of the change of the Work or because of the event giving rise to the Claim. 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 10.01.13: 1 Payroll costs for employees in the direct employ of Design/Builder in the performance of the Work under schedules of job classifications agreed upon by Owner and DesignBuilder. a. 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 inelude, but +rube limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, and health and refiremen benefits, bentise.. . iek t a hetrrvriday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or ILegal hHolidays, shall be included in the above to the extent authorized by Owner. b. Such employees shall also include engineers, engineering technicians, architects, and others providing Design Professional Services. For purposes of this paragraph 10.0l.A.1, Design/Builder shall be entitled to payment for such employees an amount equal to salary costs times a factor, both as designated in the Agreement, for all services performed or furnished by such employees engaged on the Project. 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 Design/Builder unless Owner deposits funds with Design/Builder 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 su!plus materials and equipment shall accrue to Owner, and Design/Builder shall make provisions so that they may be obtained 3. Payments made by Design/Builder to Subcontractors (excluding payments for Design Professional Services pursuant to paragraph 10 0l A 4) for Work performed or furnished by Subcontractors If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Design/Builder's Cost of the Work and fee. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 4. Payments made by Design/Builder for Design Professional Services provided or furnished under a Design Subagreement. 5. Costs of special consultants (including but not Limited to testing laboratories surveyors attorneys and EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright e0002 National Society of Professional Engineers for EJC DC. All rights reserved. Includes City of Fort Collins modifications dated 092004 23 accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following items: a. The proportion of necessary transporta- tion, travel and subsistence expenses of Design/Builder's employees incurred in discharge of duties connected with the Work. b. 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 Design/Builder. C. Rentals of all construction or engineering equipment and machinery and the parts thereof whether rented from Design/Builder or others in accordance with rental agreements approved by Owner, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof. All such costs shall be in accordance with the 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. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Design/Builder is liable, imposed by Laws or Regulations. e. Deposits lost for causes other than negligence of Design/Builder, 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. f. Losses, damages, and related expenses caused by damage to the Work not compensated by insurance or otherwise, sustained by Design/Builder in connection with the furnishing and performance of the Work (except losses and damages within the deductible amounts of property insurance established by Owner in accordance with Article 5 above) provided they have resulted from causes other than the negligence of Design/Builder, 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 Design/Builder's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. 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. i. Cost of premiums for all Bonds and insurance Design/Builder is required by the Contract Documents to purchase and maintain. B. Costs Excluded. The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Design/Builder's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Design/Builder whether at the Site or in Design/Builder'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 10.0l.A.1, all of which are to be considered administrative costs covered by the Design/Builder's fee. 2. Expenses of Design/BuiIder's principal and branch offices other than Design/Bu i I der's office at the Site. 3. Any part of Design/Builder's capital expenses, including interest on Design/Builder's capital employed for the Work and charges against Design/Builder for delinquent payments. 4. Costs due to the negligence of Design/Builder, 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. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 10.01.A. F1CDC D-700 Standard General Conditions of the Contact Between Ownerand Design/Builder Copyright a)2002 National Society of Professional Engineers for E1CDC. All rights reserved. Includes City of Fort Collins modifications dated 09,2004 24 C. Design/Builder's Fee. When all the Work is performed on the basis of cost-plus, Design/Builder's fee shall be as set forth in the Agreement. When the value of the Work covered by a Change Order is determined on the basis of Cost of the Work, Design/Builder's fee shall be determined as set forth in paragraph 11.01.C. D. Documentation. Whenever the cost of any Work is to be determined pursuant to paragraph 10.01.A and 10.0l.B, Design/Builder will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Owner an itemized cost breakdown together with supporting data. 10.02 Cash Allowances A. The Contract Price includes all allowances so named in the Contract Documents. Design/Builder shall cause the Work so covered to be performed for such sums as may be acceptable to Owner. Design/Builder agrees that: 1. The allowances include the cost to Design/Builder (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Except as set forth in the Contract Documents, Design/Builder's costs for unloading and handlingon n 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. B. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Design/Builder on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 10.03 Unit Prices A. 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 of 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 Design/Builder will be made by Owner. B. Each unit price will be deemed to include an amount considered by Design/Builder to be adequate to cover Design/Builder's overhead and profit for each separately identified item. C. Design/Builder or Owner may make a Claim for an adjustment in the Contract Price in accordance with Article 9 if: 1. the quantity of any item of Unit Price Work performed by Design/Builder differs materially and significantly from the estimated quantity of such item indicated in the Contract Documents,• 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Design/Builder believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes it 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. D. Design/Builder acknowledges that Owner has the right to add or delete items of the Work 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 estimated quantity of the item. ARTICLE 11 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 11.01 Change of Contract Price A. 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 promptly in accordance with paragraph 9.03.A. B. 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: 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 ofparagrrph 10.03)• or 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 EJCDC D-700 Standard General Conditions of the Contract nerween Owner and Design/Builder Copyright aj2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 092004 25 .. . "A , .A 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. 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 four (4) counterparts, each of which shall be deemed an original, this 15th day of August , 2-0 p Pinkard'C nstruction Co. I le, Princip w- m i( .*fay y1 — &lJ.� 6GL (Titl ) ,�. .9195 West 6th Avenue, Lakewood',;, (Address) (Corporate Seal) IN PRESENCE OF: Other Partners By: By: Hartford Accident and Indemnity Company IN PRESENCE OF: Sure TY S Kf (/�- By : oQltn Nicole L. McCollam, Attorney -in -fact ntoJM.7670 South Chester Street, Englewood, CO 80112 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 not necessarily in accordance with paragraph 11.0LC 21: or 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 11.01.13.2, on the basis of the Cost of the Work (determined as provided in paragraph 10.01)_plus a Design/Builder's Fee for overhead and profit (determined as provided in paragraph 11.0I.Cl. C. Design/Builder's Fee: The Design/Builder's fee for overhead and profit on Change Orders shall be determined as follows: 1. A mutually acceptable fixed fee; or 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: a. For costs incurred under paragraphs 10.0l.A.I.a and 10.0l.A.2, the Design/BuiIder's fee shall be 43 three percent; b. For costs incurred under paragraph 10.01.A.3 10.0l.A.4, 10.0l.A.5 and 10.0l.A.6, the Design/Builder's fee shall befive three percent; C. 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 11.01.C.1 and 11.01.C.2.a is that the Subcontractor who actually performs or furnishes Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 10.0l.A.1 and 10.0l.A.2 and that any higher tier Subcontractor and Design/Builder will each be paid a fee of to be negotiated in good faith with Owner but not to exceed five percent of the amount paid to the next lower tier Subcontractor; d. The amount of credit to be allowed by Design/Builder 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 DesignBui[der's fee by an amount equal to €tve three percent of such net decrease; and C. When both additions and credits are involved in any one change, the adjustment in Design/Builder's fee shall be computed on the basis of the net change in accordance with paragraphs I1.01.C.2.a through I 1.0l.C.2.d, inclusive. f. No fee shall be payable on the basis of costs itemized under paragraphs 10 0l.A 5. 10.0LA.6. or 10.0I.B. 11.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order. Any Claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice pursuant to paragraph 9.03.A. B. Delays Beyond Design/Builder's Control. Where Design/Builder is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of Design/Builder, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 11.02.A. Delays beyond the control of Design/Builder shall include, but not be limited to, acts or neglect by Owner, governmental agencies, acts or neglect of utility owners or other contractors performing other construction work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. C. If Owner or other contractor or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Design/Builder shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Design/Builder's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to DesignBui[der's ability to complete the Work within the Contract Times. D. If Design/Builder is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Design/Builder, then Design/Builder shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Design/Builder's ability to complete the Work within the Contract Times. Such an adjustment shall be FJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright u'2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 26 Design/Bui[der's sole and exclusive remedy for the delays approval prior to Design/Builder's purchase thereof for described in this Paragraph 11.02.C. incorporation in the Work. E. Owner and Owner's Consultant shall not be liable to Design/Builder for any claims, costs, losses, or 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) sustained by Design/Builder on or in connection with any other project or anticipated project. F. Design/Builder shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Design/Builder. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Design/Bui [der. ARTICLE 12 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION OR WORK 12.01 Notice of Defects A. Owner shall give Design/Builder prompt written notice of all defective Construction or Work of which Owner has actual knowledge. All defective Construction or Work may be rejected, corrected or accepted as provided in this Article 12. 12.02 Access to Construction A. Owner, Owner's Consultants, other representatives and personnel of Owner, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Site and the Construction at reasonable times for their observation, inspecting, and testing. Design/Builder shall provide them proper and safe conditions for such access and advise them of Design/Builder's Site safety procedures and programs so that they may comply therewith as applicable. 12.03 Tests and Inspections A. If the Contract Documents or Laws or Regulations of any public body having jurisdiction require any part of the Gensti:aetieR Work specifically to be inspected, tested or approved, Design/Builder shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish Owner the required certificates of inspection or approval. Design/ Builder 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 acceptance of materials or equipment to be incorporated in the Work or of materials, mix designs, or equipment submitted for B. Design/Builder shall give Owner reasonable notice of the planned schedule for all required inspections, tests, or approvals. C. If any Construction (or the construction work of others) that is required to be inspected, tested, or approved is covered by Design/Builder without written concurrence of Owner, it must, if requested by Owner, be uncovered for observation at Design/Buildees expense unless Design/ Builder has given Owner timely notice of Design/Builder's intention to cover the same and Owner has not acted with reasonable promptness in response to such notice. D. 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 (i) for inspections, tests, or approvals covered by paragraph 12.03.A above; (ii) costs incurred in connection with tests or inspections conducted pursuant to paragraph 12.04.13 below shall be paid as provided in said paragraph 12.04.13; and (iii) as otherwise specifically provided in the Contract Documents. 12.04 Uncovering Construction A. If any Construction is covered contrary to the written request of Owner, it must, if requested by Owner, be uncovered for Owner's observation and recovered at Design/Builder's expense. B. If Owner considers it necessary or advisable that covered Construction be observed by Owner or inspected or tested by others, Design/Builder, at Owner's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Owner may require, that portion of the Construction in question, furnishing all necessary labor, material and equipment. If it is found that such Construction is defective, Design/Builder shall pay all claims, costs. losses and damages caused by, arisine out of, or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and 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, Owner may make a Claim therefor as provided in Article 9. If, however, such Construction is not found to be defective, Design/Builder shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Design/Builder may make a Claim therefor as provided in Article 9. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 4t1002 National Society of professional Engineers for EJCDC All rights reserved. Includes City of Fort Collins modifications dated 09/2004 27 12.05 Owner May Stop Construction or Work A. If Construction or Work is defective, or Design/Builder fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform Construction or Work in such a way that the completed GeRstruetion Work will conform to the Contract Documents, Owner may order Design/Builder to stop Construction or Work or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop Construction will not give rise to any duty on the part of Owner to exercise this right for the benefit of Design/Builder or any surety or other party. 12.06 Correction or Removal of Defective Construction or Work A. Owner will have authority to disapprove or reject defective Construction or Work and will have authority to require special inspection or testing of the Construction or Work whether or not the Construction or Work is fabricated, installed or completed. If required by Owner, Design/Builder shall promptly, as directed, either correct all defective Construction or Work, whether or not fabricated, installed or completed, or, if the Construction or Work has been rejected by Owner, remove it from the Site and replace it with non - defective Construction or Work. Design/Builder shall bear all direct, indirect, and consequential costs of such correction, replacement and/or removal (including but not limited to all claims, costs, losses and damages caused by arising out of or resulting from such correction, replacement, and/or removal and fees and charges of engineers, architects, attorneys and other professionals and all court, arbitration, or other dispute resolution costs) arising out of or relating to such correction or removal.) 12.07 Correction Period A. If within one year after the date of Substantial Completion of the entire Work 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 Construction or Work is found to be defective, Design/Builder shall promptly, without cost to Owner and in accordance with Owner's written instructions, (i) correct such defective Construction or Work, or, if it has been rejected by Owner, remove it from the Site and replace it with Construction or Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Construction or Work or the work of others resulting therefrom. If Design/Builder 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 Construction or Work corrected or the rejected Construction or Work removed and replaced, and all claims, costs, losses, and damages caused by, arising out of, or resulting from such removal and replacement (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by Design/Builder. B. 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 Conceptual Documents. C. Where defective Construction or Work (and damage to other Construction or Work resulting therefrom) has been corrected, removed or replaced under this paragraph 12.07, the correction period hereunder with respect to such Construction or Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 12.08 Acceptance of Defective Construction or Work A. If, instead of requiring correction or removal and replacement of defective Construction or Work, Owner prefers to accept it, Owner may do so. Design/Builder shall pay all 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) attributable to Owner's evaluation of and determination to accept such defective Construction or Work. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price reflecting the diminished value of the Construction or Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. If the acceptance occurs after final payment, an appropriate amount will be paid by Design/Builder to Owner. 12.09 Owner May Correct Defective Construction or Work A. If Design/Builder fails within a reasonable time after written notice from Owner to correct defective Construction or Work or to remove and replace rejected Construction or Work as required by Owner in accordance with paragraphs 12.06.A or 12.07.A, or if Design/Builder fails to perform the Construction or Work in accordance with the Contract Documents, or if Design/Builder fails to comply with any other provision of the Contract Documents, Owner may, after seven days' written notice to Design/Builder, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph 12.09 Owner shall proceed expeditiously. In connection with such corrective and remedial action, Owner EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 12002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 092004 28 may exclude Design/Builder from all or part of the Site, take possession of all or part of the Construction or Work, and suspend Design/BuiIder's services related thereto, take possession of Design/Builder's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Construction or Work all materials and equipment stored at the Site or for which Owner has paid Design/Builder but which are stored elsewhere. Design/Builder shall allow Owner, Owner's Consultant, Owner's representatives, agents, employees, and other contractors access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages (included but not limited to fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs and all costs of repair or replacement of work of others) incurred or sustained by Owner in exercising such rights and remedies under this paragraph 12.09 will be charged against Design/Builder and a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. D. Design/Builder shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this paragraph 12.09. 12.10 No limitation A. Nothing contained in this Article 12 shall be construed to establish a period of limitation with respect to other obligations which the Design/Builder might have under the Contract Documents. Establishment of the time period of one year as described in Section 12.07 relates only to the specific obligation of the Design/Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder's liability with respect to the Design/Builder's obligations other than specifically to correct the Work. ARTICLE 13 — PAYMENTS TO DESIGN/BUILDER AND COMPLETION 13.01 Schedule of Values A. The Schedule of Values established as provided in paragraph 2.06.A will serve as the basis for progress payments. Progress payments on account of Unit Price Work will be based on the number of units completed. 13.02 Application for Progress Payment A. On or about the date established in the Agreement for submission of each application for progress payment (but not more often than once a month), Design/Builder shall submit to Owner for review an Application for Payment filled out and signed by Design/Builder covering the Work completed as of the date indicated on the Application and accompanied by supporting documentation as 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 provided by Design/Builder and other arrangements to protect Owner's interest therein, all of which will be satisfactory to Owner. B. Beginning with the second Application for Payment, each Application shall include an affidavit of Design/Builder stating that all previous progress payments received on account of the Work have been applied on account to discharge Design/Builder's legitimate obligations associated with prior Applications for Payment. C. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. D. Any funds that are withheld by Owner shall not be subject to substitution by Design/Builder with securities or any arrangements involving an escrow or custodianship. By executing the Application for Payment form, Design/Builder expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, et seq. 13.03 Review of Applications for Progress Payments A. Procedure. Progress payments shall be made by the Owner to the Design/Builder according to the following procedure: 1. Owner will, within ten days of receipt of each Application for Payment, either indicate in writing its acceptance of the Application and state that the Application is being processed for payment, or return the Application to Design/Builder indicating in writing its reasons for refusing to accept the Application. Not more than ten days after accepting such Application the amount will become due and when due will be paid by Owner to Design/Builder. 2. If Owner should fail to nay Design/Builder at the time the payment of any amount becomes due, except EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright'rr2002 National Society of Professional Engineers for E.ICDC. All rights reserved. Includes City of Fort Collins modifications dated 09i2004 29 as provided in paragraph 13 03 B and as otherwise provided in the Contract Documents. then Design/Builder may, at any time thereafter, upon serving written notice that he will stop the Work within seven days after receipt of the notice by Owner, and after such seven day period stop the Work until payment of the amount owing has been received. Written notice shall be deemed to have been duly served if sent by certified mail to the last known business address of Owner. 3. Payments due but unpaid shall bear interest at the rate specified in the Agreement 4. No Progress Payment nor any partial or entire use or occupancy of the Project by Owner shall constitute an acceptance of any Work not in accordance with the Contract Documents. B. Reduction in or Refusal to Make Payment. Owner may refuse to make the whole or any part of any such payment, or because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any previous payment, to the extent that is reasonably necessary to protect Owner from loss because: 1. the Construction or Work is defective or completed Construction or Work has been damaged requiriniz correction or replacement: or 2. the Contract Price has been reduced by Change Order: or 3. Owner has been required to correct defective Construction or complete Work in accordance with paragraph 12.09.A: or 4. Owner has actual knowledge of the occurrence of any of the events enumerated in paragraphs 13.03.13.1 through 13.03.13.3 inclusive or paragraphs 14.02.A.1through 14.02.A 3 inclusive; or 5. Claims have been made against Owner on account of Design/Builder's performance or furnishing of the Work: or 6. Liens have been filed in connection with the Work, except where Design/Builder has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or 7. There are other items entitling Owner to a set off against the amount for which application is made C. If Owner refuses to make payment of the full amount requested by Design/Builder, Owner must give Design/Builder immediate written notice stating the reasons for such action and promptly pay Design/Builder any amount remaining after deduction of the amount withheld. Owner shall promptly pay Design/Builder the amount withheld or any adjustment thereto agreed to when Design/Builder corrects to Owner's satisfaction the reason for such action. 13.04 Design/Builder's Warranty of Title A. Design/Builder warrants and guarantees that title to all Construction, 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. 13.05 Substantial Completion A. When Design/Builder considers the Work ready for its intended use Design/Builder shall notify Owner in writing that the Work is substantially complete (except for items specifically listed by Design/Builder as incomplete) and request that Owner issue a certificate of Substantial Completion. Promptly thereafter, Owner and Design/Builder shall make an inspection of the Work to determine the status of completion. If Owner does not consider the Work substantially complete, Owner will notify Design/Builder in writing giving the reasons therefor. If Owner considers the Work substantially complete, Owner will prepare and deliver to Design/Builder a certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a list of items to be completed or corrected before final payment. At the time of delivery of the certificate of Substantial Completion Owner will deliver to Design/Builder a written determination as to division of responsibilities pending final payment between Owner and Design/Builder with respect to security, operation, safety, protection of Construction, maintenance, heat, utilities, insurance and warranties and guarantees. B. Owner will have the right to exclude Design/Builder from the Site after the date of Substantial Completion, but Owner will allow Design/Builder reasonable access to complete or correct items on the list of items to be completed. 13.06 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Construction which (i) has specifically been identified in the Contract Documents, or (ii) Owner and Design/Builder agree constitute a separately functioning and usable part of the Construction that can be used by Owner for its intended purpose without significant interference with Design/ Builder's performance of the remainder of the Construction, subject to the following: 1. Owner at any time may request Design/Builder in writing to permit Owner to use or EJCDC D-700 Standard General Conditions of the Contract Between Owner and DesignBuilder Copyright a'i2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 30 occupy any such part of the Construction which Owner believes to be ready for its intended use and substantially complete. If Design/Builder agrees that such part of the Work is substantially complete, Design/Builder will certify to Owner that such part of the Construction is substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Construction. Design/Builder at any time may notify Owner in writing that Design/Builder considers any such part of the Work ready for its intended use and substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, Owner and Design/Builder shall make an inspection of that part of the Work to determine its status of completion. If Owner does not consider that part of the Work to be substantially complete, Owner will notify Design/Builder in writing giving the reasons therefor. If Owner considers that part of the Work to be substantially complete, the provisions of paragraph 13.05 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. 2. No use or occupancy of part of the Construction will be accomplished prior to compliance with the requirements of paragraph 510 regarding property insurance. 13.07 Final Inspection A. Upon written notice from Design/Builder that the entire Work or an agreed portion thereof is complete, Owner will make a final inspection with Design/Builder and will notify Design/Builder in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Design/Builder shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 13.08 Final Payment A. Application for Payment. 1. After Design/Builder has completed all such corrections to the satisfaction of Owner and delivered in accordance with the Contract Documents all maintenance and operating instructions schedules guarantees. Bonds, certificates or other evidence of insurance, certificates of inspection, record documents (as provided in paragraph 6.12) and other documents Design/Builder may make application for final payment following the procedure for progress payments 2. The final Application for Payment shall be accompanied (unless previously delivered) by (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by paragraph 5.04.137: (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. 3. In lieu of such releases or waivers of Liens specified in paragraph 13.08.A.2 and as approved by Owner, Design/Builder may furnish receipts or releases in full and an affidavit of Design/Builder 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 to furnish such a release or receipt in full. Design/Builder may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 4. 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 Proiect manual. B. Final Payment and Acceptance. If Owner is satisfied that the Work has been completed and Design/Bu i I der's other obligations under the Contract Documents have been fulfilled, Owner will, within ten days after receipt of the final Application for Payment, give written notice to Design/Builder that the Work is acceptable. Otherwise, Owner will return the Application to Design/Builder, indicating in writing the reasons for refusing to process final payment, in which case Design/Builder shall make the necessary corrections and resubmit the Application. C. Payment Becomes Due. Thirty days after the presentation to Owner of the acceptable Application and accompanying documentation, in appropriate form and substance and with Owner's notice of acceptability, the amount will become due and will be paid by Owner to Design/Builder, subject to paragraph 16.053 of these General Conditions. 13.09 Final Completion Delayed A. If, through no fault of Design/Builder, final completion of the Work is significantly delayed, Owner shall, upon receipt of Design/Builder's final Application for Payment, 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 5.01.A, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted FJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 1, 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 092004 31 shall be submitted by DesignBuilder to Owner 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. 13.10 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. A waiver of all Claims by Owner against Design/Builder, except Claims arising from unsettled Liens, from defective Construction appearing after final inspection pursuant to paragraph 13.07, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Design/Builder's continuing obligations under the Contract Documents: and 2. A waiver of all Claims by Design/Builder against Owner other than those previously made in writing and still unsettled. ARTICLE 14 — SUSPENSION OF WORK AND TERMINATION 14.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 days by notice in writing to Design/Builder which will fix the date on which Work will be resumed. Design/Builder shall resume the Work on the date so fixed. Design/Builder 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 Design/Builder makes a Claim therefor as provided in Article 9. 14.02 Owner May Terminate for Cause A. Upon Tthe occurrence of any one or more of the following events justifies teFfflination fef eause Owner may terminate this Agreement as provided herein: 1. Design/Builder's persistent failure 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 2.06.A as adjusted from time to time pursuant to paragraph 6.05). 2. Design/Builder's disregard of Laws or Regulations of any public body having iurisdiction. 3. Design/Builder's violation in any substantial way of provisions of the Contract Documents. B. If one or more of the events identified in paragraph 14.02.A occur, Owner may, after giving Design/Builder (and the surety, if any) seven days' written notice, terminate the services of Design/Builder, take possession of any completed Drawings and Specifications prepared by or for Design/Builder (subject to the indemnification provisions of paragraph 3.05.A), exclude DesignBBuilder from the Site, and take possession of the Work and of all Design/Builder's tools, appliances, construction equipment and machinery at the Site and use the same to the full extent they could be used by Design/Builder (without liability to Design/Builder for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid DesignBuilder but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Design/Builder 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 (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) such excess will be paid to DesignBuilder. If such claims, costs, losses and damages exceed such unpaid balance, Design/Builder shall pay the difference to Owner. Such claims, costs, losses and damages incurred by Owner will be incorporated in a Change Order. When exercising any rights or remedies under this paragraph Owner shall not be required to obtain the lowest price for the Work performed. C. Notwithstanding paragraph 14.02.13, Design/ Builder's services will not be terminated if Design/Builder begins, within seven days of receipt of notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Design/Builder's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Design/Builder then existing or which may thereafter accrue. Any retention or payment of moneys due Design/Builder by Owner will not release Design/Builder from liability. 14.03 Owner May Terminate for Convenience A. Upon seven days' written notice to Design/Builder, Owner may, without cause and without prejudice to any other right or remedy of Owner, elect to terminate the Contract. In such case, Design/Builder shall be paid (without duplication of any items) for: EJCDC D-700 standard General Conditions of the Contract Between Owner and Design/Builder Copyright a2002 National Society of professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 092004 32 1. 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: 2. 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: and 3. Amounts paid in settlement of terminated contracts with Subcontractors, Suppliers and others (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 incurred in connection with termination of contracts with Subcontractors, Suppliers and others): and 4. Reasonable expenses directly attributable to termination. B. Except as provided in paragraph 14.03.C, Design/Builder 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. 14.04 Design/Builder May Stop Work or Terminate A. If, through no act or fault of Design/Builder, the Work is suspended for a period of more than 90 days by Owner or under an order of court or other public authority, or Owner fails to act on any Application for Payment within thirty days after it is submitted or Owner fails for thirty days to pay Design/Builder any sum finally determined to be due, then DesignBuilder may, upon seven days' written notice to Owner, and provided Owner does 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 14.03.A. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if Owner has failed for 30 days to pay DesignBuilder any sum finally determined to be due, Design/Builder may upon seven days' written notice to Owner stop the Work until payment is made of all such amounts due Design/Builder, including interest thereon. The provisions of this paragraph 14.04.A are not intended to preclude DesignBuilder from making Claim under Article 9 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Design/Builder's stopping Work as permitted by this paragraph. ARTICLE 15 — DISPUTE RESOLUTION 15.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no such method and procedure has been set forth, Owner and Design/Builder 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 16 — MISCELLANEOUS 16.01 Giving Notice A. 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 certified mail, postage prepaid, to the last business address known to the giver of the notice. 16.02 Computation of Times A. 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. 16.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto 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: 1. Laws or Regulations: or 2. any special warranty or guarantee• or 3. other provisions of the Contract Documents B. The provisions of paragraph 16.03.A 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. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright «^2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 092004 33 16.04 Survival of Obligations A. 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 Contract. 16.05 Controlling Law A. The Ge :tr......Deet.uwuw .will 1.ca vzo.ro�=od -,ir The laws of the State of Colorado shall apply to this Agreement, including but not limited to the following pertinent Colorado statutes: 1. Colorado Revised Statutes (CRS 8-17-101) requires that Colorado labor be employed to perform the work to the extent of not less than 80 percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed on the project. Colorado labor means any person who is a bona fide resident of the State of Colorado at the time of employment, without discrimination as to race, color, creed, age, religion or sex. 2. If a claim is filed, Owner is required by law (CRS 38-26-107) to withhold from all payments to Design/Builder sufficient funds to insure the payment of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by Design/Builder or his Subcontractors in or about the performance of the work. Such funds must be withheld until said claims have been paid or such claims as filed have been withdrawn, such payment or withdrawn to be evidenced by filing with Owner a receipt in full or an order for withdrawal in writing and signed by the person filing such a claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than ninety (90) days following the date fixed for final settlement, as published in a public newspaper in accordance with the law, unless an action is commenced within that time to enforce such unpaid claim and a notice of lis pendens is filled with the Owner. At the expiration of such ninety (90) day period, Owner shall pay to Design/Builder such moneys and funds as are not the subject of suit and lis pendens notices, and shall retain only sufficient funds to insure the payment of judgments which may result from the suit. E.ICDC D-700 Standard General Conditions of the Contract Between Owner and Des ignBuiHer Copyright ()2002 National Society of Professional Engineers for F..ICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 34 SECTION 00800 SUPPLEMENTARY CONDITIONS SC-4 Purr f:in . Site Ganditions Subsurface and Physical Conditions ADD the following language in Section 4, Paragraph A.1, Subsurface Conditions: ADD the following language in Section 4, Paragraph A.2.a. Physical Conditions: SC-5 Bonds and Insurance ADD the following language in Section 5.03 Paragraph A.1 Certificates oflnsurance Additional Insureds: ADD the following language in Section 5.06 Paragraph A.1 AAeRerty Builders Risk Insurance Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Construction at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws or Regulations). Design/Builder shall be responsible for the first $10,000 of any insurable loss under this op licy. This insurance will: SC-8 Changes in Work ADD the following Paragraph to ARTICLE 8, Paragraph 8.05.13 8.05.B Resident Project Representative The Resident Project Representative deals in matters pertaining to the work. Any such dealings will be with or through the Design/Builder. Dealings with subcontractors will only be through or with the full knowledge and approval of the Design/Builder. Duties and Responsibilities of the Resident Project Representative are: Attend meetings with the Design/Builder such as preconstruction conferences, progress meetings and other job conferences. Serve as Owners liaison with Design/Builder working principally through Design/Builders superintendent to assist the Design/Builder in obtaining from OWNER additional details or information, when required, for proper execution of the Work. Advise the Design/Builder of the commencement of any Work pertaining to a Shop Drawing, data, or sample submission which does not meet the Contract Documents. Conduct on -site observations of the Work in progress in determining that the Work is proceeding in accordance with the Contract Documents. Report to the Design/Builders superintendent whenever the Resident Project Representative believes that the Work is unsatisfactory, faulty or defective, does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made; and advise the Owners Representative and Design/Builder when he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project Page 35 of 85 „ ..A 11 SECTION 00615 PAYMENT BOND Bond No. 34BCSDL3451 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Pinkard Construction Co. (Address).9195 West 6th Avenue, Lakewood, CO 80215 4=xxkRk-kySbitmL-� , (vxxXkXX tMVXXk1dX9 , (a Corporation) , hereinafter referred to as the "Principal” and (Firm)Hartford Accident and Indemnity Company (Address) 7670 South Chester Street, Englewood, CO 80112 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 OWNER", in the penal sum of Seven Million Three Hundred Sixty*-- in lawful money of the United States, for the payment of -which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. *Six Thousand Five Hundred Two and N0/100 Dollars ---------------- ($7,366,502.00) THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 2nd day of August , 2005, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, P983 Northside Aztlan Center Design Build. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, egbipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Section 00615 Page 1 Consider and evaluate Design/Builder suggestions for modification in Drawings or Specifications and report these recommendations to Owners Representative. Maintain at the Resident Project Representative office orderly files concerning correspondence, reports of job conferences, Shop Drawings, data, and samples, reproductions or original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional drawings issued subsequent to the execution of the Agreement, DesignBuilder clarifications and interpretations of the Contract Documents, progress reports and other project documents. Keep a diary, daily report form, or log book, recording hours on the job site, weather conditions, data relative to questions of work directive changes, Change Orders, or changed conditions, list of job site visitors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Report immediately to Owners Representative the occurrence of any accident. Review application for payment with Design/Builder for compliance with the established procedure for their submission and will submit to the Owners Representative. Conduct final inspection with the Design/Builder and Owners Representative observe that all items on the final inspection list have been corrected or completed and make recommendations to Owners Representative concerning acceptance. The Resident Project Representative shall not: Authorize any deviations from the Contract Documents or accept any substitute materials or equipment. Exceed limitations of Resident Project Representative authority as set forth in the Contract Documents Undertake any of the responsibilities of the Design/Builder, Subcontractors, or Design/Builders superintendent. Advise on, or issue directions relative to, or assume control over A any aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. Advise on or issue directions regarding or assume control over safety precautions and programs in connection with the Work. Accept Shop Drawings, data, or samples submittals from anyone other than the Design/Builder. Page 36 of 85 CHAPTER 8 EXHIBITS Conceptual Site Plan, dated 12/19/02. 2. Conceptual Review Comments of the Site 3. City s Proposal Organization Chart of Project Team 4. Milestone Schedule 5. Recreation Services Organization Chart Page 37 of 85 EXHIBIT 1 Conceptual Site Plan, dated 12119/02. COI.JAI"G _A IlyUT , X Puge38 ol'85 To be distributed as ADDENDUMS EXHIBITS 2, 3, 5 Page 39 of 85 EXHIBIT 4 MILESTONE SCHEDULE NORTHSIDE AZTLAN CENTER-DESIGN/BUILD Use Existing Willow Street Site Issued: June 22, 2004 Revised: November 22, 2004 Revised: February 22, 2005 Item Schedule Start Project November 17, 2004 Begin RFP Work for Design/Build Services January 15, 2005 Complete RFP for Design/Build Services February 28, 2005 Solicit Design/Build Teams through Purchasing March 1, 2005 Receive Proposals- Step 1 March 25, 2005 First Neighborhood Meeting March 30, 2005 Select Three Design/Build Teams April 8, 2005 Submit Information to Three Design/Build Teams -Step 2 April 11, 2005 Receive Design/Build Proposals from Three Teams May 20, 2005 Select Design/Build Team June 6, 2005 Notice to Proceed- Design/Build Team July 11, 2005 Complete Conceptual/Preliminary Design Services April 1, 2006 Review by Parks & Recreation Board April 26, 2006 Review by City Council May 9, 2006 Notice to Proceed- Final Design Services May 15, 2006 Second Neighborhood Meeting July 27, 2006 Complete Final Design Services September 15, 2006 Notice To Proceed- Construction October 15, 2006 Complete Construction August 15, 2007 Occupy New Facility September 15, 2007 Demolition of Existing Building October 1, 2007 Complete Site Work November 30, 2007 One Year Warranty August 15, 2008 Close Out Project August 1, 2009 Page 40 of 85 SECTION 4 ADDENDUM 14 .. ♦ I�11. SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: P983 Northside Aztlan Center-Design/Build OPENING DATE: March 25, 2005 3:00 P.M. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. QUESTIONS AND ANSWERS March 15, 2005 PREBID MEETING: QUESTION: On page 8, paragraph two, under project Description; what is meant by Skate Park (use existing)? ANSWER: The Owner believes that there is a great chance the existing Skate Park will be relocated. As such, there will be a new concrete slab required and "existing" skate park equipment and/or appurtenances will need to be moved. QUESTION: Will any off site improvements (relative to the right-of-way) be required as a part of this project? ANSWER: Yes; to be determined by the City development review process. QUESTION: Will the City hold separate meetings with the three selected finalists to discuss proposal "ideas" before the final submissions? ANSWER: Not likely. The City may agree to hold a general meeting that includes all three finalists together before final submission. This would happen only if there is interest by the finalists to attend a joint meeting after completion of Step 1, and if the City determines that it is in the best interest of the City to do so at that time. STATEMENT: On page 13, under Financial Capability; The proposer will provide the requested information as closely as possible as defined; however only one (1) copy of this material will be required by the City at the Step 1 proposal level. ATTACHMENTS: • PREBID ATTENDEES LIST • P983 CHAPTER 8 EXHIBITS- 2,3 & 5 (1. Conceptual Site Plan 12/19/05 and 4. Milestone Schedule are included in the RFP.) 2. CONCEPTUAL REVIEW COMMENTS OF THE SITE 3. CITY S PROPOSAL ORGANIZATION CHART OF PROJECT TEAM 5. RECREATION SERVICES ORGANIZATION CHART RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 215 Worth Nbil on Street • 2"" Vta m. • PA). Brix IM) • Fart (o)lin,. t:O N0522-05M) - (9?0) 221-6?75, , 1,ox f97,0) 221-6701 %V W VVAKov.com ATTENDANCE RECORD PREBID CONFERENCE Project: Northside Aztlan Center Design Build RFP P-983 Time: 10:00 A.M. Date: March 15, 2005 1 nentinn• -,Ann West 1 nnnrte Ava City Council Chamhers NAME FIRM NAME ADDRESS TELEPHONE FAX # E-MAIL ADDRESS d � E. L -Te rr �T .% GN F 3 �v I /Ctiab 'f►1M S-1C 100 F-trrj 14,Q 97U-ZZ3- S' 9b400 97/YZ-�- - 7 I Z or...Gk, Pe.� C AV. C wvv, CJ A�1 �' OU S-co PNax C.Ag*,tU A"(114MT r IO�j7 Cale" Kec S7 2j03 • S5 S • o�t91 � - SY S o>.fz W Alpik' . l E K�i.ca,ti �j' lt,,V l�sa-✓t *- 7q7 VP111-ura. �• '..l')�- �b� 71�1 � S 1 SCc.�n@Q-P S. Cde l�`Z���>. �I��1Y � 1�r ol..i Lev o �>✓ �°-'� tom., v re= s�n2o � 3 xRq-4L9'f' �'3 �• 1 a.4-.� �,u...,,� .moo �.- t44 Z 'Fa-+ �ntc,Hs co . $as �b-��2-g► ��� - yn�tcrtsndcr Q �,9�< . i� �o�,. 9 �K ,rJKCa�bs�-� y`I5 Li'nLztki 5t,5k 100 li�xner G?�E> ry Pros taf- Q'10 gctq `tqM G(OKr .ka. 5t i 95b 419 4"/ 9$ 4955." -5kw . vlws� 0 (Ct�IroPG�, N OY� I� 700 v un�T Sof GT Zo ta 84 l0y3°/ L}70 (� g� cl4 S iY, Cct,C? 11014s{ 4n, hart. �- t-VVIC,C.3 ° C c we sAed A16p ' Cc q7a Vera Q76 Ye6 10Y6 ie ce PEA ATTENDANCE RECORD PREBID CONFERENCE Project: Northside Aztlan Center Design Build RFP P-983 Time: 10:00 A.M. Date: March 15, 2005 1 nnntinn• Ann watt 1 annrta wP City Cnunnil Chamhars NAME FIRM NAME ADDRESS TELEPHONE FAX # E-MAIL ADDRESS G fit /► l �-, �'� (quo) 223— 05 / d'lo (719) 223— [ 833 c1l�►%m-% a/I a li cem AAR-00 ( Do l3EquD1rJ GaaZE &o Jsut-T(N& "Gl. eres 9zt L'UDErJ ST Ik 2co !-t- CaL.Llos , Cc Soszq (q IO)221 51�jj ca to)2zl SIog7 010.CiDb9ce.G.0rv, n E�G04 1`�"1 '5G C le MEP Cor�fwTAwt 2S 1 is �&v � qs . COt�00. S o S%4r .gyp 22t S4+e11 A�1u ZZ\ S<oQ1 (C 0 e 0 �CC . COm+► � ,. et.�cso�+.,,«S �,. Gor+�-►a ll , lnL • 4°SoS f - 04*-V-+O%nY � • C.� lliv.5 Ct� �Z.� 0170 I - 315! 9�� ZZ,3 -314 t w�v�`s)roao � c oM.�11 rove oay, �p •r, ,_x�, ass t�+o�-�► �tido 4�luZee 'ttiDu r��-i���.: coo e,:a.�a 3v� 30� � i� o 3d3 3�r5 � i�� V�o55 Crnoaavcl., Corn �04/ (a/V,�\•(t�,�, iN�.4W�SC lug w-M-�k'UNITC W�NaSD2,C0 PoSsO glCl 6"ty-33oa ck-70 im 3343 (0A�rt'r�oJ(@ rrc4+e�„� .tort � !.✓ e. /lK eo "ice TpT G .. w , es..•t tamCe ;rA'T ZVS Intt)CbA-e 6) �17G� (dc�.`fl cL' �c1 • fa(�, Aso dcemweAJ (/ n ATTENDANCE RECORD PREBID CONFERENCE Project: Northside Aztlan Center Design Build RFP P-983 Time: 10:00 A.M. Date: March 15, 2005 Location: 300 West Laporte Ave City Council Chambers NAME FIRM NAME ADDRESS TELEPHONE FAX # E-MAIL ADDRESS Lind/•, i¢vep q7o �✓c%/,* f'C 80'S2 f `J/Bx'S�S y/L /7/6 ,�,o . �owj"/q 4✓&f swi�i q70— ,-~ev16,_91...z Ma+c•.1 qNA �l N �/6GTitiG n / p OC24/ Y82 - TZ/8 �970— T/¢ /7/ a y bw C"ASM Cc 0444-LC, ,nJJ� 1037 CK4.4.4w.&A- Srr 3 S •STt • 3Gi • S-Iff w4ijc . 1 AzJ% crtmt 1"•+ & gCio'i O44 I OLH Z- @C..hC"M . Cdxr Jock C-�a�d� c Ga�IS 42Z1- 3m%\0140� . aat _453 4 S 1 970 R70 J/Akelbuvj � ZZ/'635;f l lk.-Zloo TG ov,Cm i t r 9 70 J '70 p 6o-e,- Qp- ?0 1-7O JDN cc. l ift r L2(-(o7 ?S� 21--o7v7 ArCGOv CZ Ir i� �CGD✓C,e✓c'� GIDv✓" �%/4h�-�- �iS 'Or! ,�l7tJO.ti�nov �rf 'r s Co r, if70- 5 �o�/-o/Do 97p, �py� pzap y..s�.,ora-Ca a a wt q . e-� �J�A C(DvL541vc ao'6 Rac vt Ce((c b .��S qq-g,70 ww� d-pj 09 rA Covk54hvC�-W,0( k `I VA- O 117 � �a it 9 bre1��(2 rbb aUJ' j.J-qU J _-I,sTJ kCw2--5aJ G L /,�� i rC(,,1- �?,O ! .S. LIOUr-6 it 22-4. 5?► f�) 224 5? 15 . )er 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 counterparts, 15th day.o-f,.'_ WHEREOF, this instrument is executed in four (4) each one of which shall be deemed an original, this lust , 20 05• z x P fF (Corporate Seal) IN PRESENCE OF: N/A Pinkard Con truction Co. Principal By: vr- O� (Titl ) .9195 West 6th Avenue, Lakewood, CO 80215 (Address) Other Partners N/A Hartford Accident and Indemnity Company IN PRESS OF: uretu Y: Nicole McCollam, Attorney--in-fact eila J. onto iW. 7670 South Chester Street, Englewood, (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Section 00615 Page 2 CO 80112 CHAPTER 8 EXHIBITS 1. Conceptual Site Plan, dated 12119102. 2. Conceptual Review Comments of the Site 3. City s Proposal Organization Chart of Project Team 4. Milestone Schedule 5. Recreation Services Organization Chart Page 37 of 85 - . A Community Piannine and Environm ental Ser rI Current Planning OiLZ.Q_f Fort Collins Craig Foreman Park Planning and Development Department 215 N. Mason Street Fort Collins, CO 80521 October 15, 2001 Dear Craig: yr information, attached is a copy of the Staffs comments concerning the Azatlan Center Redevelopment presented before the Conceptual Review Team on June 25, 2001. The comments are offered informally by Staff to assist you in preparing the detailed components of the project application. Modifications and additions to these comments may be made at the time of formal review of this project. If you should have any questions regarding these comments or the next steps in the review process, please feel free to call me at 221-6750. 5i cerely, Tr o W. ones City R a er _ cc: Eric Bracke, Streets Department Stormwater Department Project Planner File 281 North College Avenue • P0. Sox 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 CONCEPTUAL REVIEW STAFF COMMENTS C QFort Collins MEETING DATE ITEM: APPLICANT LAND USE DATA: June 25, 2001 Demolition of existing Azatlan Center and construction of new 40,000 square foot community facility Craig Foreman Park Planning and Development Department 215 N. Mason Street Fort Collins, CO 80521 The budget is scheduled for 2004. The 2 political issues revolving around this site. are (1) the brownfield cleanup issues, and what to do with the road. The proposal would be to demo the existing center, build a new 40,000 sf center, and tie the 2 parking lots together. DEPARTMENTAL CONTACTS Current Planning- Troy Jones 221-6750 Zoning Department- Peter Barnes 221-6760 Engineering Department- Marc Virata 221-6605 Street Oversizing Coordinator- Matt Baker 221-6605 Poudre Fire Authority- Ron Gonzales 221-6570 Stormwater Utility- Glen Schlueter 224-6065 Water c& Sewer Utilities- Roger Buffington 221-6854 Natural Resources Development Planner Doug Moore 221-6750 Light and Power Monica Moore 221-6700 Transportation Services (ped. & transit) Tom Reiff 416-2040 Transportation Services (traffic) Eric Bracke 224-6062 Transfort (local bus service) Gaylene Rossiter 224-6195 Park Planning Craig Foremean 221-6618 COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. EC. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 CURRENT PLANNING DEPARTMENT ,.. COMMENTS: 1. Zoning Department: a. The zoning of the existing building itself is POL - Public Open Lands. The northeast corner of the parking lot and much of the United Way parking lot is in the RDR - River Downtown Redevelopment district. b. It's not clear what to make of the parking requirement for the site since this is not in a residential zone district. The maximum parking limit applies, but it's not clear what number applies. Alternative Compliance may be the cleanest way to address the issue. 2 c. The build -to -line standard in section 3.5.3(B)(2) of the LUC will apply, which means that the building must be placed no more than fifteen feet from the right-of-way of Willow Street. This section of the code also specifies that no vehicle use areas are to be located between the building and the street. 2. Stormwater Utility Department: Location: 112 East Willow a. It appears most of this site is in the Old Town drainage basin where the new development fee is $4,150/acre which is subject to the runoff coefficient reduction. The northern edge of the site drains to the Poudre River basin where there are no new development fees. The site is in inventory grid #8G. b. The standard drainage and erosion control reports are required and they must be prepared by a professional engineer registered in Colorado. c. Onsite extended detention is required to treat the runoff. 7 d. There is an existing stormsewer on the western side of the site that appears to be close or possibly under the new center. It would have to be relocated since stormsewers are not allowed under buildings. e. Some of the site is in the Old Town floodplain, but it may have been removed since the construction of the Howes Street Outfall. Please contact Marsha Hilmes-Robinson at 224-6036 for the latest mapping and any floodplain requirements that may apply. f. Onsite water quality detention is required in the Old Town drainage basin with the default release rate of the 2 year historic. Modifications of the release rate could be considered especially if the site can drain directly to the Poudre River. If the existing stormsewer is to be used, the capacity of it may dictate the site release rate. 3. Engineering Department: a. Street Oversizing Fees are $1.83/square foot for fitness clubs. Check with Matt Baker for the specific amount of this fee for your project. b. Willow will need right-of-way dedicated to major collector standards (66' wide), and improved to standards. Refer to the Master Street Plan and the North College Access Management Plan. 2 c. If the property hasn't been platted already, it will need to be platted as part of this project. d. Any right-of-way and/or easements being dedicated need to be in compliance with all environmental protection and anti -pollution laws. e. Pine Street needs approved public right-of-way termination or it needs to be vacated. f. The project will require a Traffic Impact Study (US) that addresses site access, and all modes of transportation including automobile, bicycle, pedestrian, and transit. g. You will be required to have a Development Agreement, a Development Construction Permit, and Utility Plans. In. More detailed comments will be made at the time of submittal, or when more information is provided. 4. water 4 wastewater Utility: Location: 112E Willow Street (G-8) Proposal: Demolish and construct new Aztlan Community Center Ex. Mains: Water: 8-inch in Willow, 6-inch in Pine, ?-inch in Poudre Sewer: 36-inch in Willow, 21-inch in Pine, 6-inch in Poudre Comments: Any connections to the two large trunk sewers must be made at a MET. The water conservation standards for landscape and irrigation will apply to the site, and Plan Investment Fees and water rights will be due at Sl of building permit. 5, Natural Resources: a. Buildings need to stay out of the Poudre River Buffer. b. The Environmental Assesment effort should be coordinated with Margit Hentschel in the Natural Resources Department [221-6600]. c. If there any prairie dogs on site, they will have to be relocated or humainly eradicated. d. Trash enclosures should accommodate recycling containers of sufficient size to accommodate the type of recycling appropriate for the building use (cardboard, cans, plastics, etc.), and dumpsters must be enclosed within a fenced or walled area. e. Native grasses and plant materials should be used wherever appropriate, and bluegrasses should be minimized. f. If construction lasts for more than 6 months, you will have to file a permit for fugitive dust control with Lorimer County. 6. Fire Department: a. Address must be visible from the street using a minimum 6" numerals on a contrasting background. b. There needs to be a hydrant within 300 feet of the building at 1500 g.p.m. at 20 p.s.i. n. . , 'A 11 c. A fire lane will probably be needed. d. The building is required to face and open directly onto the adjacent street to the maximum extent feasible. e, The building will need to be sprinklered. f. The project will possibly need a Hazardous Material Impact Analysis. 7. Light and Power: a. Development charges have probably been paid already. b. The existing transformer sits in the front corner. If it needs to be relocated, it will be at the developer's expense. c. There may be a pay increase between current use and the new use. d. There is power available. 8. Transportation: a. The TIS update will need to address all modes of transportation including vehicle, bicycle, pedestrian and transit. Contact Eric Bracke (vehicular), Tom Reiff (ped & bike), and Gayleene Rossiter (transit) for scoping. b. A trail connection is recommended to the building and to Willow Street. c. Bicycle parking must be provided near building entrances. d. The future alignment of Willow will need an interdepartmental discussion to resolve. e. There needs to be cross access between the 2 lots. Shared parking is encouraged. f. Contact Kathleen Reavis regarding the North College Avenue Access Management Plan. This plan will be looking at the Willow alignment. It's looking like Willow will be a collector without parking. 9. Advance Planning: a. Section 3.5.3(B) requires that at least one main entrance face and open directly onto a connecting walkway with pedestrian frontage. "Connecting walkway" is defined in Article 5 of the LUC as "(1) any street sidewalk, or (2) any walkway that directly connects a main entrance of a building to the street sidewalk without requiring pedestrians to walk across parking lots or driveways, around buildings or around parking lot outlines which are not aligned to a logical route." 10. Current Planning: a. Refer to Section 3 (General Development Standards), and Section 4.10 & 4.13 (POL & RbR Zoning Districts) in the Land Use Code for the standards that apply to your proposed development. The Land Use Code is available to view on the internet at htcp://www,fcgoy.comloitclerK/codes,ohp. 4 b. If there is a subdivision plat as part of this development request, you will be required to provide a copy of "Certificate of Taxes Due" with the mylar of the subdivision plat when it is brought to the City's Current Planning Department for recording. The certificate may be obtained from the Lorimer County Treasurer's Office and must reflect a zero (0) balance before the City will accept the mylar. Lorimer County is requiring this document, showing no outstanding property taxes, before they will record subdivision plats. c. Street trees will be required along Willow Street at 30 foot to 40 foot spacing intervals. d. Building massing and design will be subject to 3.5.3 of the LUC which will require "variation in massing," "facade articulation," and "top & base treatments." e. The building orientation will need to be in accordance with 3.5.3 of the LUC. ( I Northsidei I Aztlan Center' a .2%-. \ United Way Building I Pa t • lr � F n, /� ! � �. iddigs �I ry.=.Machine hop V �' A f pf !'� .... ... .P. .�/��.: P !'NC �`'liY� 0 KmIl Northside Aztlan Center United Way i31d G) v %� Giddings Machine v r 0 J Prrrpeca-i soil .ind .-.I va I d.iI T In <r, a'.: yas nlin� ID A/ ,.I .. I Scale 1:3,000 100 0 100 200 Feet I Proposed ' 011 uncl- Ground�crter '_+.unplc Locuiun. A Direct Inquides/Claims to: OF ATTORNEY THE HARTFORDEDPOWER ANUE HARTFORD, CONNECTICUT 06115 call.- 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 34-340140 X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana XQ Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Q Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Sheryll Shaw, Robert L. Cohen, Doug Koeltzow, Sarah Finn, Nicole L. McCollam, Sue Wood, Robert J. Reiter, Sheila J. Montoya, Bradley J. Jeffress Of Denver, CO their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attomey. L ijS • � 4 94 .�K«ry Htfi,n i Svvr A�. .rpIWY., ��� '�:`rinr ssr/.^, 9 •••uM• �* fp7S g ' Sp7q }p� ,9 I979 Paul A. Bergenholtz, Assistant Secretary STATE OF CON N ECTICUT Ss. Hartford COUNTY OF HARTFORD David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Scott E. Paseka Notary Public CERTFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 15, 2005. Signed and sealed at the City of Hartford. ; :-rtut ✓=9 r C Gary W. Stumper, Assistant Vice President POA 2004 EXHIBIT 3 APP ARTIST OWNER COMMISSIONING GENERAL CONTRACTOR A/E CONSULTANT CONSULTANT CONSULTANT CONSULTANT CONSULTANT CONSULTANT CONSULTANT PLANNING TEAM Page 25 of 27 GC SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR EXHIBIT 4 MILESTONE SCHEDULE NORTHSIDE AZTLAN CENTER-DESIGN/BUILD Use Existing Willow Street Site Issued: June 22, 2004 Revised: November 22, 2004 Revised: February 22, 2005 Item Schedule Start Project November 17, 2004 Begin RFP Work for Design/Build Services January 15, 2005 Complete RFP for Design/Build Services February 28, 2005 Solicit Design/Build Teams through Purchasing March 1, 2005 Receive Proposals- Step 1 March 25, 2005 First Neighborhood Meeting March 30, 2005 Select Three Design/Build Teams April 8, 2005 Submit Information to Three Design/Build Teams -Step 2 April 11, 2005 Receive Design/Build Proposals from Three Teams May 20, 2005 Select Design/Build Team June 6, 2005 Notice to Proceed- Design/Build Team July 11, 2005 Complete Conceptual/Preliminary Design Services April 1, 2006 Review by Parks & Recreation Board April 26, 2006 Review by City Council May 9, 2006 Notice to Proceed- Final Design Services May 15, 2006 Second Neighborhood Meeting July 27, 2006 Complete Final Design Services September 15, 2006 Notice To Proceed- Construction October 15, 2006 Complete Construction August 15, 2007 Occupy New Facility September 15, 2007 Demolition of Existing Building October 1, 2007 Complete Site Work November 30, 2007 One Year Warranty August 15, 2008 Close Out Project August 1, 2009 Page 40 of 85 City Of Fort Collins Recreation Division Organizational Chart CLRS Director Parks & Recreation Director -3/05- Financial Coordinator Recreat Kim Kita Jean Admin. Support Administrator i Administrator Supervisor Youth Programs Sports Janet lrhan ,` Peg��; Bowers Ten}' Keith Admin. Clerks ii Carol F2rhrirrg Admin. Clerk i (2nd frozen) r :Jamie &hmrdr 3! RMRC _-.. i Farm Supervisor i Bridget Brownell Technician Jim White , NACC [ i YAC 'Supervisor = Supervisor Dave Janet Alosnik ;Biehnaier CPR Supervisor Debra Bueno Coordinator j; I Coordinator Alarc j Torrr Rademacher = ; J Zmdnhl i _...i , Administrator Adult Programs q e Steve Bordner �� 1 Therapeutics p Specialist Renee Lee Senior Coordinator Center McKenzie Kiger. SIG 1% V a� Coordinator i ETechniciam Service Rep p 3 Bill Karen Supervisor Blackmon # Borland Bovner i� 4 Barbara dz o Schoenberger , Coordinator i Coordinator Ralph Adirelez e Frank MmZinez Legend: YAC-Youth Activity Center NACC-Northside Aztlan Community Center CPP-City Park Pool EPIC-Edora Pool Ice Center MP -Mulberry Pool CPR -City Park Railway RMRC-Rolland Moore Racquet Complex Administrator Ice/Aquatics Mike McDonnell Marketing LKSpecialist im Vecchio Fn EPIC Aquatics Supervisor Suzv Danford Promotions Coordinator Paula Watson-Lakamp Coord. Bill Wilson Facility Assistant rE Greg Roberts,, Facility Coordinator Service Technician m Scheduler Krista Rep. Brant i Kelly Hc ver r' Hobbs Donna Dobson Groves Coordinator Coordinator s ;Coordinator Coordinator Sieve i ' Pat 0 Katie John Dietemann '` Moore Stieber r Peiffenberer Pottery City Park Studio w Center Communication Specialist Korrie Johnston Ice Supervisor Paul Thibert Technicians Dave Snelling Tim Weisman en -ice Reps. Coordinatc Tam Christine Larson West "Via Colby SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: STEP II: P983 Northside Aztlan Center -Design Build OPENING DATE: May 20, 2005 3:00 P.M. (Our Clock) To all Step II Design/Build Team finalists under the specifications and contract documents described above, the following changes are hereby made. Step II Pre -proposal Meeting: April 191h, 2005 at 10:30 a.m. at the Operations Services building located at 117 N. Mason, Fort Collins, CO 80524. Additional Documents: As per instruction for Step II, the design/build team finalists for The Northside Aztlan Community Center project may obtain the following documents by picking up a package from Purchasing at: 215 N. Mason Street, Fort Collins, Colorado, any time after 1:30 PM, Monday, April 11, 2005. Items: a. Schematic Space Plan, April 2005 b. List of Expectations: not provided. See RFP Chapter 2 Objectives C. Site Boundary Survey - , 1978, by Brad Smith, Associates d. Topographic drawing, August 2002, The Engineering Company e. Preliminary Geotechnical Report, September 2002, by Terracon f. See statement in RFP statement 1. Reasonable Steps 2. Health and Safety Plan Maps: Site Location Plume Map SA Drilling Locations with Extent of Coal Tar Imports Conceptual Site Model Diagram Geologic Cross Section A -A g. Floor Plan Existing Northside Aztlan Center h. See RFP comment. Budget 7.8M to 8.1 M Available electronically by request. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 15 ` rs I NId oon SErect - 2"a )'Ioor - V'0t B wx SS!} ® 4 ovv C oilin,_ (0 80522Ai 580 > (970) 2 r l-6". "^ - [,arc OMI) 22I-6W w1A'w.f"0VX0111 y.. • 1,14 Northside Aztlan Community Center Conceptual Space Plan April, 2005 SPACES NOTES Gymnasium Wood floor 3 full, 6 cross courts Divider curtains; spectator seating Gymnasium equipment storage Multi -purpose room for wrestling, boxing Locker rooms Multi -purpose room for social activities Kitchen Kitchen storage room Lobby and reception 4 Classrooms Cardio/weights/workout area Dance, aerobics, yoga area Computer lab Office space Conference/meeting room Restrooms Intergenerational social area Indoor jog/walk track Upper and lower level custodial closets Circulation Reuse portion of current gym floor Storage for mats, bags 2-3 family change rooms 2-3 sections with dividers, with performance stage; table/chair storage; dance floor area With concession window; Room to seat a class of 12; Exterior service entrance Adjacent to meal site space 2-3 computer stations; vending 1 w/ sink, wall cabinets I w/attached tot bathroom and storage closet Suspended floor; storage; mirrors Table space for studying 5 staff w/ work room, Storage, staff lounge Room for 3 pool tables w/ TV lounge and card tables Room for equipment/supply storage Incl. stairs/elevator Outdoor spaces: Patio area close to intergenerational area Replace skate park pad with concrete (above -ground equipment provided by City) Playground replacement (equipment coordinated with and provided by City) Parking — minimum 175 spaces; minimum 15 designated for persons with disabilities Outdoor basketball court replacement; reuse light fixtures Space for 3-4 outdoor handball courts — private group to provide $75,000; design for future lights ­ . .A Northside Aztlan Community Center Conceptual Space Plan June, 2002 updated February, 2005 SPACES Gymnasium — 3 courts Gymnasium storage Multi -purpose room for wrestling, boxing, including storage for mats Locker rooms Multi -purpose room for social activities (3 sections) Kitchen SQUARE FEET 18,000 1,200 2,200 2,200 Kitchen storage room Lobby and reception (2 stations) Tot area with outside access/enclosed play area and bathrooms Cardio/weights/exercise area 4 Classrooms, 2 w/ sinks, wall cabinets Computer lab Office space Conference/meeting room Upstairs restrooms Intergenerational social area Suspended jog/walk track around gym Upper and lower level custodial closets Circulation (20%) Sub -total: TOTAL: NOTES Divider curtains; Spectator seating With 2 family change 4,200 With performance stage 800 With concession window; Room to seat a class of 12; Exterior service entrance 100 1,800 1,300 2,200 2,240 650 2,000 520 400 800 2,300 200 43,110 8,622 5 staff w/ work room, Storage, staff lounge Room for equipment and supply storage Incl. stairs/elevator 51,732 square feet Outdoors aces: Patio area close to intergenerational area Skate park pad for above -ground equipment Playground replacement Parking — 175 spaces; 15 designated for persons with disabilities Outdoor basketball court replacement; reuse light fixtures Space for outdoor handball courts — private group to provide some funding CHAPTER 2 OBJECTIVES I. DESCRIPTION The proposed project is the design and construction of an approximately 50,000 sq. ft. Recreational Facility. The Facility will serve the entire Fort Collins Community and will include a three court gymnasium; multi -purpose room for wrestling & boxing; multi -purpose room for social activities; cardio, weights, and exercise area; classrooms; kitchen; computer lab; conference/meeting rooms; intergenerational lounge; jog/walk track around gym (second floor); staff offices; lobby; locker rooms; bathrooms; storage and mechanical areas. The site needs will include patio area; skate park (use existing); playground (relocate); outdoor basketball court (lighted); outdoor handball/racquetball court; and parking. (Parking will require a detailed parking study of the entire neighborhood). The new Facility will replace the existing Facility. It is intended the existing facility will remain open during the design and construction of the new facility. The old facility will be removed and converted to parking and other designed features after the new facility has opened. The project will conform to the City of Fort Collins Land Use Code. II. IMAGE • Project Positive Image to the Community a. Convey sense of permanence and community pride. b. Timeless look, not trendy . C. Avoid flashy or expensive looking. d. Solid and permanent e. Useful and efficient f. Fits well into site/environment • Welcome Person with all Levels of Abilities a. ADA requirements will be paramount. b. Friendly barrier -free design. C. Integrate the disabled without stigmatizing them. d. Universal design for entire population (all ages, all levels of ability). e. Warm, professional and welcoming. f. Wide, well lighted corridors. g. The building should delight visitors. h. Enough entries to be convenient to approach from more than one direction. III. FLEXIBILITY/DURABILITY • Avoid having the Building Become Outdated in 5-10 Years a. Serviceable life of the building anticipated to be 50 years. b. Plan for changes. C. Maximize use of re-locatable/reusable/recyclable products. d. Maintain modular space standards as identified in the program. e. Plan for future expansion. 4n • Ir1111 � ' Reduce On -Going Maintenance and Repair Costs a. Reduce need to repair or replace equipment and materials. b. Use materials that prolong the useful service life of the building. C. Ensure equipment and corresponding distribution network is accessible for serviceability. d. Consider maintenance cost in the life cycle analyses of equipment, systems and materials. IV. WORK ENVIRONMENT a. Recognizing that people are the highest cost associated with buildings, provide an uplifted work environment that supports and enhances worker productivity. b. Design high quality lighting utilizing daylighting and quality electric lighting. C. Maximize visual connections to the outdoors without negatively, impacting energy use. d. Create a thermally comfortable environment with minimal use of energy. e. Provide good indoor air quality through use of less toxic materials, well -designed ventilation, etc. f. Minimize HVAC, and other equipment noise. V. SUSTAINABLE DESIGN It is the intent of the City of Fort Collins that the project earns enough credits using the US Green Building Councils (USGBC) LEED Green Building Rating System to earn a Silver certification. The most current version of LEED at the time of the project design shall be used. In this context, it is desired that particular attention be given to building shape and orientation to optimize daylighting potential while minimizing unwanted heat gain and glare. Addendum 2C Site Boundary Survey 1978 Brad Smith Associates PROPOSAL NO. P983 NORTHSIDE AZTLAN CENTER DESIGN/BUILD OVER SIZE DOCUMENT PAGES: ADDENDUM 2 (C) BLUE PRINT SIZE - ADDENDUM 2 (D) BLUE PRINT SIZE - ADDENDUM 2 (G) BLUE PRINT SIZE - ORIGINAL DOCUMENT FOUND IN `PAPER' FILE FILED TO DESTROY IN 2013 2/96 — . n..4 11 Insured's Construction Co. 9195 West 6th Avenue Lakewood, CO 80215 IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily -established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium: $0 Form B-3333-0 Page 1 of 1 © 2002, The Hartford Addendum 2D Topographic Drawing, August 2002 The Engineering Company PROPOSAL NO. P983 NORTHSIDE AZTLAN CENTER DESIGN/BUILD OVER SIZE DOCUMENT PAGES: ADDENDUM 2 (C) BLUE PRINT SIZE - ADDENDUM 2 (D) BLUE PRINT SIZE - ADDENDUM 2 (G) BLUE PRINT SIZE - ORIGINAL DOCUMENT FOUND IN `PAPER' FILE FILED TO DESTROY IN 2013 2/96 September 30, 2002 City of Fort Collins Operations Services Department Project Management, Planning & Design 117 North Mason Street P.O. Box 580 Fort Collins, Colorado 80522-0580 Attm Mr. Jack Gianola, P.E. Project Manager Re: Preliminary Geotechnical Engineering Report Feasibility Study Delineation of Former Landfill Northside Aztlan Community Center North of Willow Street, East of College Avenue, and West of Linden Street Fort Collins, Colorado Terracon Project No. 20025143 Terracon has completed a preliminary geotechnical engineering subsurface exploration/feasibility study for the above -referenced site. We understand a new community center complex is to be constructed near the location of the existing Northside Aztlan Community Center. The site for the project, based on previous site explorations conducted by our predecessor, Empire Laboratories, Inc., (ELI) as well as environmental assessments conducted by Walsh Environmental Scientists and Engineers, LLC, (Walsh), of Golden, Colorado, reveal the majority of the site is underlain by landfilllmiscellaneous debris materials. The site has been considered the Old City of Fort Collins Dump , and the project team is in the process of determining the best -fit, most economical location for the new building based on the limits of the underlying landfill materials and depth to bedrock. PREVIOUS EXPLORATION Terracon and our predecessor, Empire Laboratories, Inc. have performed a variety of geotechnical engineering subsurface explorations for the above -referenced site as indicated on the enclosed Site Plan, Figure No. 2. For further information and findings thereof, please refer to our Report of a Preliminary Soils and Foundation Investigation dated October 5, 1973, Project No. 1543-73, Report of a Geotechnical Investigation for Northside-Aztlan Community Center dated May 21, 1984, Project No. 5411-84, and our Geotechnical Engineering Report Northside Aztlan Community Center Outdoor Basketball Court dated February 27, 1995, Project No. 20955020. Portions of the site are underlain by landfill/miscellaneous debris, which may inhibit the selection process. Walsh Environmental Scientists and Engineers, LLC are included on the team and are in the process of providing the appropriate environmental issues and concerns for the project. Subsurface soil, landfill and depth to bedrock field results from our previous site explorations are being incorporated into this preliminary feasibility study. The Test Boring Plan, Figure No. 2, included with this report indicates the approximate locations of our previous borings as well as the most recent test borings, (I.E. Test Boring Nos. 19 through 22) drilled at the site on September 18, 2002. City of Fort Collins Northside Aztlan Community Center Terracon Preliminary Geotechnical Engineering Report Feasibility Study Fort Collins, Colorado Project No. 20025143 Page 2 PROJECT INFORMATION It is our understanding a new community center is to be constructed at the site, with the conceptual layout and design plans being developed by Aller Lingle Architects of Fort Collins, Colorado. Presently, we understand 3 alternative locations on the property are being considered; on the east side, the south side and/or the west side of the existing facility. Previous test borings conducted by ELI, Walsh, and Terracon, revealed landfill materials throughout the majority of the site, with limited exploration activities along the southern portion of the site. Therefore, in an effort to provide supplemental information with regards to the presence of landfill debris and depth to bedrock. Terracon drilled 4 additional test borings at locations shown on the enclosed Site Plan, Figure No. 2. The intent of this report is to enable the design team to determine the appropriate location for the new building, realizing supplemental geotechnical engineering explorations may be required after the footprint has been selected. Supplemental Field Exploration Activities A total of 4 additional test borings, identified as Test Boring Nos. 19 through 22, were drilled at the site on September 18, 2002, to approximate depths of 15 to 25-feet below existing site grades at the locations shown on the enclosed Site Plan, Figure Nos. 2 and 3. All of the additional test borings drilled at the site were advanced with a truck -mounted drilling rig, utilizing 3-1/4-inch inside diameter hollow stem augers. The boring locations were determined by measurements from existing site features. Ground surface elevations at each test boring location were determined by Terracon using an engineers level and referenced to a temporary benchmark (TBM) consisting of the finished floor elevation of the existing building. The accuracy of boring locations and elevations should only be assumed to the level implied by the methods used. Lithologic logs of each test boring were recorded by the engineering geologist during the drilling operations. At selected intervals, samples of the subsurface materials were taken by means of driving split -spoon samplers and ring barrels into the underlying strata. Penetration resistance measurements were obtained by driving the split -spoon into the subsurface materials with a 140-pound hammer falling 30 inches. The penetration resistance value is a useful index in estimating the consistency, relative density or hardness of the materials encountered. Groundwater conditions were evaluated in each boring at the time of site exploration, and after drilling. Soil Conditions The subsurface conditions encountered at the site within the 4 supplemental test borings generally consisted of approximately 3 to 10-feet of landfill/miscellaneous debris, underlain by silty sand gravel, which extended to the bedrock below. Sandstone bedrock was encountered in each supplemental boring at approximate depths of 8 to 18-feet below existing site grades and extended to the depths explored. The landfill debris, soil, bedrock and groundwater profiles described herein, are similar to those 11 i. . I.IM City of Fort Collins Northside Aztlan Community Center Terracon Preliminary Geotechnical Engineering Report Feasibility Study Fort Collins, Colorado Project No. 20025143 Page 3 encountered in previous explorations. A bedrock contour map was developed for the site based on surface elevations at each test boring and approximate depths at which bedrock was encountered and is presented as Figure No. 3. Variation may exist across the site and/or between each test boring, however, use of the enclosed Bedrock Map should assist the design/project team to best -fit the proposed new building location. The stratification boundaries shown on the enclosed boring logs represent the approximate locations of changes in soil types; in -situ, the transition of materials may be gradual. The following provides a tabular description of the subsurface conditions encountered at the site from previous test borings to the most recent borings. a 1 jl 9 15-73 AF7. C e ►itI 4964.5 a e m 0-11.5 - 11.5-19.0 19.0-24.1 15.0 2 9-15-73 4965.5 0-10.0 --- 10.0-21.5 21.5-24.2 15.0 3 9-15-73 4963.0 0.0-12.0 --- 12.0-18.5 18.5-23.2 12.5 4 9-15-73 4963.0 ao-13.5 --- 13.5-19.0 19.0-24.2 14.0 5 9-15-73 4960.5 0.0-14.5 --- 14.5-18.5 18.5-24.3 13.0 6 9-15-73 4963.5 0.0-11.5 --- 11.5-19.0 19.0-27 13.0 7 9-15-73 4962.5 0.0-11.5 --- 11.5-17.0 17.0-24 12.0 8 9-15-73 4962.5 0.0-11.5 --- 11.5-19.0 19.0-24.1 14.0 9 9-15-73 4960.0 0.0-11.0 --- 11.0-17.5 17.5-19.3 13.0 10 9-15-73 4957.0 0.0-9.5 --- 9.5-16.0 16.0-24.3 10.5 11 4-1-84 4963.5 0.0-9.5 9.5-10.5 10.5-17.5 17.5-25.3 12.0 12 4-1-84 4964.5 0.0-8.5 8.5-9.0 9.0-18.0 18.0-25.2 12.0 13 4-1-84 4964.5 0.0-11.0 --- 11.0-21.5 21.5-29.3 12.0 14 4-1-84 4963.5 0.0-9.0 9.0-14.0 14.0-18.0 18.0-25.1 11.0 15 4-1-84 4964.5 0.0-9.0 9.0-12.5 12.5-19.0 19.0-30.2 12.5 16 4-1-84 4963.5 0.0-10.5 10.5-12.5 12.5-18.5 18.5-30.3 12.5 17 2-15-95 4964.5 0.0-T5 7.5-13.0 13.0-19.5 19.5-24.3 11.7 18 2-15-95 4964.0 0.0-8.0 8.0-12.0 12.0-17.0 17.0-24.2 13.1 19 9-18-02 4967.0 0.0-9.5 --- 9.5-17.5 17.5-19.3 13.5 20 9-18-02 4967.0 0.0-3.0 --- 3.0-8.0 8.0-14.2 Dry to 14.2 21 9-18-02 4963.0 0.0-10.0 --- 10.0-17.0 17.0-19.2 10.5 22 9-18-02 4962.5 0.0-10.5 --- 10.5-18.0 18.0-24.3 11.0 (1) bsg denotes: Below surface grades City of Fort Collins Northside Aztlan Community Center Terracon Preliminary Geotechnical Engineering Report Feasibility Study Fort Collins, Colorado Project No. 20025143 Page 4 Groundwater Conditions Groundwater was encountered in the additional test borings at approximate depths of 10-1/2 to 13-1/2- feet below existing site grades in Test Boring Nos. 19, 21, and 22. Groundwater was not encountered to maximum depths of exploration, approximate 14-1/2-feet in Test Boring No. 20. Groundwater levels, as shown on the previous table, were typically encountered between depths of 10-1/2 to 15-feet below site grades. The possibility of groundwater fluctuations should be considered when developing design and construction plans for the project. These observations represent groundwater conditions at the time of the field exploration, and may not be indicative of other times, or at other locations. Groundwater levels can be expected to fluctuate with varying seasonal and weather conditions as well as volume of flow in the Cache La Poudre River, which meanders along the northern boundaries of the site. PRELIMINARY ENGINEERING ANALYSES AND RECOMMENDATIONS Geotechnical Considerations The site appears suitable for the proposed construction from a geotechnical engineering point of view. Depending upon the final location of the proposed building footprint, the maximum design wall and column loads, the depth of landfill material within the proposed footprint as well as the depth to bedrock, the following foundation systems are being presented for consideration for use on the site: • Grade beams and straight shaft piers/caisson drilled into the bedrock; and • Spread footings bearing on undisturbed native soils at depths below the landfill material, and/or placed engineered fill which has been extended to the native subsoils. A final geotechnical engineering exploration should be performed for the site after a determination has been decided for the proposed building footprint to verify the subsurface conditions prior to design and construction of the foundation system. Slab -on -grade construction is considered acceptable for use on the site if placed on native subsoils and/or on engineered fill material extended to the native stratum below the landfill debris. Depending upon the final building footprint location, and depth of landfill debris, consideration should be given to the use of a structural floor system designed and constructed independent and isolated from the subsurface materials. Preliminary Spread Footing Foundation System Due to the presence of existing landfill/miscellaneous debris encountered beneath the majority of the. site, a spread footing foundation system could be utilized provided placement is on the native undisturbed subsoils and/or on engineered fill material which has been extended to the underlying native subsoils. Consideration could be given to removing the landfill/miscellaneous debris within the building footprint, and replacing with approved fill materials. If this option is selected the existing landfill debris should be excavated to the native stratum below, verified by a geotechnical engineer and wasted from the site. •r � I. r.IN r City of Fort Collins Northside Aztlan Community Center Terracon Preliminary Geotechnical Engineering Report Feasibility Study Fort Collins, Colorado Project No. 20025143 Page 5 Approved fill material should be then be placed in uniform lifts, moisture conditioned to near optimum moisture content, (i.e. plus or minus 2 percent) and mechanically compacted to 98 percent of Standard Proctor Density ASTM D698. Footings could then be placed on a minimum 3-foot thickness of engineered fill material and be designed for a net allowable bearing pressure ranging between 1,500 to 3,000 pounds per square foot (psf). It is recommended these design values be confirmed during the comprehensive/final geotechnical engineering exploration. Preliminary Grade Beam and Drilled Pier Foundation System Due to the presence of the landfill/miscellaneous debris and the depth to bedrock on the order of 8 to 21- feet below site grades an alternative foundation system would be to support the proposed new community center building on a grade beam and straight shaft drilled pier/caisson foundation system. Straight shaft piers, drilled a minimum of 8-feet into firm or harder bedrock, with a minimum shaft length of at least 20- feet are recommended. For axial compression loads, piers could be designed for a net allowable end -bearing pressure ranging of between 15,000 psf to 25,000 psf, along with skin friction values ranging between 1,500 psf to 2,500 psf for the portion of the pier in firm or harder bedrock. GENERAL COMMENTS Terracon should be retained to review the final design plans and specifications so comments can be made regarding interpretation and implementation of our preliminary geotechnical recommendations in selected location of the proposed building footprint as well as for the design and project specifications. Terracon also should be retained to provide a final/comprehensive geotechnical engineering exploration after the building footprint has been selected and during construction performing the required testing and observation during excavation, grading, and construction phases of the project. The analysis and recommendations presented in this report are based upon the data obtained from the borings performed at the indicated locations and from other information discussed in this report. This report does not reflect variations, which may occur between borings, across the site, or due to the modifying effects of weather. The nature and extent of such variations may not become evident until during or after construction. If variations appear, we should be immediately notified so that further evaluation and supplemental recommendations can be provided. The scope of services for this project does not include either specifically or by implication any environmental assessment of the site or identification of contaminated or hazardous materials or conditions. If the owner is concerned about the potential for such contamination, other studies should be undertaken. It is our understanding Walsh is providing the necessary environmental assessments for the site. .. . . A 11 City of Fort Collins Northside Aztlan Community Center Terracon Preliminary Geotechnical Engineering Report Feasibility Study Fort Collins, Colorado Project No. 20025143 Page 6 This report has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical engineering practices. No warranties, express or implied, are intended or made. Site safety, excavation support, and dewatering requirements are the responsibility of others. In the event that changes in the nature, design, or location of the project as outlined in this report, are planned, the conclusions and recommendations contained in this report shall not be considered valid unless Terracon reviews the changes, and either verifies or modifies the conclusions of this report in writing. We appreciate the opportunity to be of service to you on this phase of your project. If you have any questions concerning this report, or if we may be of further service to you, please feel free to contact us at your convenience. Sincerely, TERRACON David A. Richer, P.E. Geotechnical Engineer/Department Manager Reviewed by: Doug J. Jobe, P.E. Office Manager Enclosures: Vicinity Map Figure No. 1 Test Boring Location Plan Figure No. 2 Bedrock Contour Map Figure No. 3 Aerial Photograph Figure No. 4 Log of Borings Nos. 1 through 22 Copies to: (3) Addressee (2) Mr. Dave Lingle, AIA Aller Lingle Architects, P.C. (2) Mr. Rick R. Pickard, P.E. and Mr. Richard Pals The Engineering Company ... 4 r �k Ci < Cr � en r Jae,=; j6mv 4altc uam= LL Y z rs c7 a r t tu Ltj F UCK try BKeA=ESUSH �4 1y f 6®i ul to HE Qp % i sit < Q"jd ya4 v w t CHERRY h"uf Ta Lea if,i PxAoun-rAm `" W �� tri ,n 81 c de7 „„ tt ��i ��tt%tnsi 2l-V��. tl dt,l t+ ry et 1 it4 01 TWO Squares lh; p'ng („r 'X iSle„1"7,PE r4 fi tYiJ 3tj�iTH�a r � ii .�S£` vv d;ItG y. i71 NIg mErl �'�.:b2[i,€M.a Frtlrt'Tff! f'tIP?O515. S U rn Pv�a ut �_„dtS`ii��R to tf , VINE __ � F ^J NE ceder.-, fit Iq At Iry kD i.�. rc 1 1 ;. �: i.i?�Y55 Ci�6avm � Ca* E OLIVE !'I 5ERICEr04G E- MYR TLC s3 .J . to i NVOrsrty+ E b" RE-L, i ,f N to E PL9ffl € TV C LOcW37 tGr F to 4 E f'4WASETH 22 k? rv" c.CC .k u J mj - � 1 F" y : 1 T . r i 1 I � �r� • S�a I 5 .(� 5 IIJ. j • . 14 5' S eas.l�,e�ln tceexaa ' *IO M1C. 19.SS T]ITIm TOi 'MIIGD IE'LILlCt G4rC'IT_W[rl'YASL.M✓0 [JJW K CG KYfRA. .00ATd :Y11 I.O.S b: IYTIXI�] b IIJ.SAI[Tpl sAgt!r'. t 1 � f rIGU►Y J: SITe F? uU<11U>EJ� i,S:MMyM1'IY'.;�N LC 41K'%JX lX:;11 S1 MJ WI IjAY. M1]Rf rik.M]. r-J,+I�.lVU lrerracon ^- SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page I O.it amlwr TTII� �• c � 0 � I _ �� �M1 � T2T2, 1 �` � �5 . I � 4,�Lti ... i _� �95'�' � � � .. •..V I i4 � ; y� " •y r,, pq � - �` '♦ .����\.COI � r; LWO TR �[i •If. ]41LS?Y]], •M1A1 •I. 715-:'] yTr r- � �cwr�in.N. m.an-1r�•. i.w. Q 16 .10.T♦ LP4�D c-rSfS 'IC/�i 104G•i:050 QRxd• I'l.!!'R]1C'IL TtlfOOIw�.'�NCnd iry�GVL •/w�+a:'I]0..O.RG -.]Y o�.aaS MINA CVIIW n. ft I'.C�LT. UMOdG 5�}IC t~T'�'Tplfi•65K w P� r�JIIW N?•'iCLiJl �xhw YiP'J�S�A f1TIT.l�i �� •'l lfi. 1�1] A�W CCWYn'l6 MNr "AV p�dlW !L !q OGLI A TM 0.l ML 15 nJ-Ml[l0@ IV �AIICT]I Mlna>�. � f J n7kTnS 7� fl�aanari fYrtMt / / ' IhMi� r Uloa.r .no.iuo.x .,MT coLns aoi:.R.m f lierracon ' . " .rwawix DM M1••G.b. V•r�] ."A 11 0 LOG OF BORING NO. 1 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE WE of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibility Stud SAMPLES TESTS DESCRIPTION m _ w= U W T_ j x � � _FL z Z� a- = zfn 2W zz 0 Approx. Surface Elev.: 4964.5 ft w 0 Z) z a a X a0 U) In azz 3:0 0 a z� cn LANDFILL MATERIAL 1 SS 12 2 5 10 11.5 4953 2 SS 12 7 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense Q 15 19 4945.5 20 20 WEATHERED SANDSTONE 4944.5 Tan ra moist oorl cemented SANDSTONE Tan, gray, moist, cemented to well cemented 24.1 4940.5 BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft BORING STARTED 9-15-73 WL 15.0 WD 1 CO DFOREMAN 9 1NRS WL � � 11rerracon ROBING CME 55 WL Initial Water Level Reading APPROVED NRS JOB # 20025143 LOG OF BORING NO. 2 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE NIE of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibility Stud SAMPLES TESTS 0 DESCRIPTION 0 � o O a Z i U) W > zcn KW z X ZZ w (D � a o a� a0 z� Approx. Surface Elev.: 4965.5 ft o D z r W rn mt� 3 �� o a :D <n LANDFILL MATERIAL 110 5 1 SS 12 6 4955.5 10 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense 4 2 SS 12 42 - 15 20 21.5 4944 22.5 WEATHERED SANDSTONE 4943 Tan ra moist oorl cemented SANDSTONE 24.2 Tan, gray, moist, cemented to well 4941.5 cemented BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock typesi in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft Irerracon BORING STARTED 9-15-73 WL Q 15.0 WD 1 CO DFOREMAN 9 1 W ' L Y Y ROBING CME 55 NRS WL Initial Water Level Reading APPROVED NRS JOB # 2002511,11111 •. . , IM 11 LOG OF BORING NO. 3 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibility Stud SAMPLES TESTS 0 DESCRIPTION O 00 r o H D a Uzi > z Un w3: zoz m z WL HZ Y LU U c� Approx. Surface Elev.: 4963 ft W o tUn � z Lu � (nm �L) O n 7U) LANDFILL MATERIAL 5 1 SS 12 3 10 12 4951 SILTY SAND with GRAVEL IL - Tan, brown, gray, moist to wet, loose to medium dense 15 2 SSI 12 29 18.5 4944.5 20 19.5 WEATHERED SANDSTONE 4943.5 Tan ra moist oorl cemented SANDSTONE Tan, gray, moist, cemented to well cemented 23.2 4940 BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft Irerracon BORING STARTED 9-15-73 WL 4 12.5 WD V COMPLETED 9 15-73 WL Z VIG ROBING CME 55 FOREMAN NRS WL Initial Water Level Reading APPROVED NRS JOB # 20025113 LOG OF BORING NO. 4 Page 1 of 1 CLIENT ARCHITECTIENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibili Stud SAMPLES TESTS C7 a DESCRIPTION p F 3� p n Z = U Y Cn w LU > Zcn d'W Z ZZ a F- (n m W 0 � LU z Y 0 LU Approx. Surface Elev.: 4963 ft w 0 v0i D z W Covai 3U 0 n poi LANDFILL MATERIAL 5 1 SS 12 2 10 13.5 4949.5 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to 15 medium dense 2 ISS1121 50 19 4944 20 20 WEATHERED SANDSTONE 4943 Tan ra moist oorl cemented SANDSTONE pq Tan, gray, moist, cemented to well cemented 24.2 4939 --S-- -SS7 BOTTOM OF BORING 7 The stradfication lines represent the approximate boundary lines between soil and rock types: in -situ, the transition maybe gradual. WATER LEVEL OBSERVATIONS, ft Irerracon BORING STARTED 9-15-73 WL Q 14.0 WD 1 5-73 COCME55EDFOREMAN 9 1NRS W L �_ Y ROBING WL Initial Water Level Reading APPROVED NRS JOB # 20025143 LOG OF BORING NO. 5 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibili Stud SAMPLES TESTS DESCRIPTION O M � H O a rn w w > zUn z Ww Z LL k.-- zZ ° a0 0111 z� (D Approx. Surface Elev.: 4960.5 ft w o � z w L as U) m � 0 Wz o a D U) LANDFILL MATERIAL 1 SS 12 9 5 10 14.5 4946 15 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to 2 SS 121 15 medium dense 18.5 4942 WEATHERED SANDSTONE Tan, gray, moist, poorly cemented 20 22 4938.5 SANDSTONE Tan, gray, moist, cemented to well 24.3 cemented 4936 BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft BORING STARTED 9-15-73 WL Q 13.0 WD 1 CO5-73 BMPLETED9 1NRS WL � Y 11rerracon ROBING CME 551 FOREMAN WL Initial Water Level Reading APPROVED NRS JOB # 20025143 .. . LOG OF BORING NO. 6 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibility Stud SAMPLES TESTS 0 DESCRIPTION O 2 o F ❑ a Z = U = } rn m W > zcn Z wL L� W Z pZ Lu 0 Approx. Surface Elev,: 4963.5 ft w o U) Z) z Lu ILm <0 it n Zv- LANDFILL MATERIAL 111.5 s 1 ISSI 12 7 10 4952 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to V medium dense 2 SS 12 18 15 19 4944.5 zo 20 WEATHERED SANDSTONE 4943.5 Tan ra moist oorl cemented SANDSTONE Tan, gray, moist, cemented to well cemented 2s 27 4936.5 BOTTOM OF BORING 3 SS NR 50/0 The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, It 1 den acon BORING STARTED 9-15-73 WL y 13.0 WD i BMPLETED9 1 CO5-73 WL 2 � ROBING CME551 FOREMAN NRS WL Initial Water Level Reading APPROVED NRS JOB # 20029143 ... . ooA LOG OF BORING NO. 7 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE WE of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibility Stud SAMPLES TESTS 0 DESCRIPTION p g 3 p n Z= l- W co Ap rox. Surface Elev.: 4962.5 ft w p Cn Z) z >w LU ra- 3 �U o a O c~7 i LANDFILL MATERIAL 1 SS 12 20 111.5 5 1a 4951 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense 15 17 4945.5 18 WEATHERED SANDSTONE 4944.5 Tan ra moist oorl cemented SANDSTONE Tan, gray, moist, cemented to well 20 cemented 24 4938.5 BOTTOM OF BORING 2 SS NR 50/0 The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, It lrerracon BORING STARTED 9-15-73 WL 4 12.0 WD = C 5-73 DFOREMAN 9 1NRS WL � T ROBING CME 55 WL Initial Water Level Reading APPROVED NRS I JOB # 20025143 1� ♦ 1 III N ' SECTION 1 CONTRACT ACD RQ CERTIFICATE OF LIABILITY INSURANCE 0DATE8/1/OS2/05DNY) PRODUCER 1-303-534-4567 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The INA Financial Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE INA of Colorado, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1550 17th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 600 Denver, CO 80202 INSURERS AFFORDING COVERAGE INSURED Pinkard Construction INSURER A: National Union Fire Ins. Co. (AIG) INSURERB:Surich American Insurance Company 9195 Nest 6th Avenue INSURER C:PinnaC01 Assurance INSURER D: Lexington Ins Co(Lockton Risk Services, Inc.) Lakewood, CO 80215 INSURER E: GES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM1DDrYY1 POLICY EXPIRATION DATE isimropim 11/01/05 LIMBS B GENERAL LIABILITY GL03696512-00 12/01/04 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE Any one fire) $ 300,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) S 10,000 CLAIMS MADE Fx-1 OCCUR PERSONAL B ADV INJURY $ 1,000,000 X BI/PD Dad: $50,000 GENERAL AGGREGATE $ 2.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S2,000,000 POLICY X PRO- LOC B AUTOMOBILE LIABILITY ANY AUTO BAP3696513-00 12/01/04 11/01/05 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per awident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO A EXCESS LIABILITY X OCCUR CLAIMS MADE BE2911563 12/01/04 11/01/05 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 S $ DEDUCTIBLE Is X RETENTION $10,000 C WORKERS COMPENSATION AND 2321400 10/01/04 10/01/05 X I WC STATU- I OTH- ER EMPLOYERS'LIABILITY E.L. EACH ACCIDENT $100,000 E.L. DISEASE - EA EMPLOYEE $ 100 , 000 E.L. DISEASE -POLICY LIMIT $500,000 OTHER D Contractors Professional 0151610 11/01/04 11/01/05 Each Claim $ 2,000,000 E80 Aggregate $ 2,000,000 Each Claim Dad. S 35,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Fort Collins, Colorado is included as Additional Insured on the General Liability Policy as required by written Contract or agreement and with respect to work performed by Insured. CENTER LOCATED AT 112 EAST WILLOW STREET, FORT COLLINS, CO City of Fort Collins, Colorado 215 North Mason Street, 2nd Floor PO Box 580 Fort Collins, CO 80522 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE (7/97) yield iivi ILA Powered ByCert(flcatesNowi"' J LOG OF BORING NO. 8 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibility Stud SAMPLES TESTS DESCRIPTION O H 0 a z= (0 w > z Z r zZ a if a v w 0 z<n 3 Ww wZ } ow c9 Ap rox. Surface Elev.: 4962.5 ft w o Z) U) z z LU W (nCo �U 0 a Z)(n LANDFILL MATERIAL 5 10 1 SS 12 9 11.5 4951 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense 15 2 SS 12 29 19 4943.5 20 20 WEATHERED SANDSTONE 4942.5 Tan ra moist oorl cemented SANDSTONE Tan, gray, moist, cemented to well cemented 24.1 4938.5 BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft 1 f�rracon BORING STARTED 9-15-73 WL 7 14.0 WD t COMPLETED 5-73 9 1NRS WL IWL BORING CME 55 FOREMAN Initial Water Level Reading APPROVED NRS JOB # 20025143 .. .",A LOG OF BORING NO. 9 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibility Stud SAMPLES TESTS 0 DESCRIPTION O S F p a Lu Z s a�i m > z�n w� pZ a w O w A Approx. Surface Elev.: 4960 ft w Cl Z) � z z it com 30 o a Z)U) LANDFILL MATERIAL 5 1 SS 12 3 10 11 4949 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense -V 15 117.5 4942.5 18.5 WEATHERED SANDSTONE 4941.5 19.3 Tan ra moist poorly cemented gggo.5 SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft BORING STARTED 9-15-73 WL -7 13 WD 1 CO DFOREMAN 9 1 WL � � 11rerracon ROBING CME 55 NRS WL Initial Water Level Reading APPROVED NRS JOB # 20025143 .. .,.A ., LOG OF BORING NO. 10 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE NIE of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibilit Stud SAMPLES TESTS DESCRIPTION > o O o z = U 2 z = cn m LU > I zro zF w� — ZZ a w a w a0 w OW z� Approx. Surface Elev.: 4957 ft o U) Z) z � d� Cn m o a D U) LANDFILL MATERIAL 5 9.5 4947.5 10 SILTY SAND with GRAVEL Q Tan, brown, gray, moist to wet, loose to medium dense 1 SS 9 50/0.8 15 16 4941 17 WEATHERED SANDSTONE 4940 Tan ra moist oorl cemented SANDSTONE Tan, gray, moist, cemented to well cemented 20 24.3 4932.5 I� BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft Irerracon BORING STARTED 9-15-73 WL 10.5 WD COMPLETED 9 15-73 BORING IG CME 55FOREMAN NRS WL Initial Water Level Reading APPROVED NRS JOB # 20025143 - . .A 1 11 LOG OF BORING NO. 11 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibility Stud SAMPLES TESTS C7 DESCRIPTION p Z E F p a z�E = rn w > z n trw Z zz a ~ m z p ' Wz y 0W of o Approx. Surface Elev.: 4963.5 ft w p � Z)i z >w} F RW' U)m �00 0 a =1 Cn o.5 6' TOPSOIL 4963 1 SS 12 11 LANDFILL MATERIAL 2 SS 12 15 2 2 5 SS 12 2 19.5 5 6 ST 12 7 SS 12 5 8 SS 12 9 9 ST 12 4954 10 10 11 SS SS 12 12 5 9 10.5 SANDY LEAN CLAY 4953 Brown moist medium stiff SILTY SAND with GRAVEL Q Tan, brown, gray, moist to wet, loose to medium dense 15 12 SS 12 24 17.5 4946 18 5 WEATHERED SILTSTONEISANDSTONE 4945 Tan ra moist oorl cemented SILTSTONE/SANDSTONE Tan, gray, moist, cemented to well 20 cemented 25.3 4938 25 BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft Arerracon BORING STARTED 4-1-84 WL Q 12.0 WD = LETED4 ING CO ME 1-84 WL 7 � RIG 551 FOREMAN NRS WL Initial Water Level Reading APPROVED NRS JOB # 20025143 LOG OF BORING NO. 12 Page 1 of 1 CLIENT ARCHITECTIENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibili Stud SAMPLES TESTS U o a c� DESCRIPTION Approx. Surface Elev.: 4964.5 ft i= w o p ai U) n Co D z w a w X z� aM rn m Z w� ¢o r, ~ Wz 0 a D a LL Ow z� Z) w 0.5 UTOPSOIL 4964LANDFILL MATERIAL 1 SS 12 6 2 SS 12 6 12 10 18.5 5 SS 12 17 5 6 ST 12 7 SS 12 1 8 SS 12 10 4956 10 9 ST 12 T. SANDY LEAN CLAY Brown moist medium stiff 10 SS 12 29 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense Q 118 15 11 ISSI 12 22 4946.5 185 WEATHERED SILTSTONE/SANDSTONE _qray, Tan, moistpoorly cemented 20 SILTSTONE/SANDSTONE Tan, gray, moist, cemented to well cemented 25.2 4939.5 25 BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft Irerracon BORING STARTED 4-1-84 WL Z 12.0 WD COIG DFOREMAN 4- WL V- ROBING CME 55 NRS WL Initial Water Level Reading APPROVED NRS JOB # 20025143 , 4 .. LOG OF BORING NO. 13 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibility Stud SAMPLES TESTS DESCRIPTION J m } _° w E U ''C W Z ~ _ _ (n W > Z n WQLU Z Ap rox. Surface Elev.: 4964.5 ft o vi Z) z w Ir a�O (n m 3 0 wt 0 a Owv � Z) rn ^ 0.5 6' TOPSOIL 4964 LANDFILL MATERIAL 2 ST 12 3 ST 12 5 SS 12 4 5 6 ST 12 7 SS 12 1 8 SS 12 9 9 ISSI 12 5 11 4953.5 10 10 SS 12 7 SILTY SAND with GRAVEL s Tan, brown, gray, moist to wet, loose to medium dense 11 SS 12 27 15 12 SS 12 21 20 21.5 4943 WEATHERED SILTSTONE/SANDSTONE 4949 Tan ra moist oorl cemented SILTSTONE/SANDSTONE Tan, gray, moist, cemented to well cemented 25 29.3 4935 BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft 1 rerracon BORING STARTED 4-1-84 WL Q 12.0 WD IT COMPLETED 4 1-84 WL Z Y ROBING IG CME55 FOREMAN NRS WL Initial Water Level Reading APPROVED NRS JOB # 20025143 LOG OF BORING NO. 14 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibilit Stud SAMPLES TESTS 0 o n DESCRIPTION A prox. Surface Elev.: 4963.5 ft _ w o O 0) u0i D w D z w ° > 0 w W zui 3 ~a_j w m F Ww r-z ¢0 H z > 6 o a o a zF FL w U z� Z) cn 0.5 6' TOPSOIL 4963 LANDFILL MATERIAL 1 SS 12 14 2 SS 12 16 4 12 4 5 SS 12 16 5 6 ST 12 7 SS 12 33 8 SS 12 13 9 4954.5 9 ST 12 SANDY LEAN CLAY 10 SS 12 5 Brown, moist, medium stiff s 10 11 SS 12 6 14 4949.5 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense 15 12 SS 12 35 18 4945.5 WEATHERED SILTSTONE/SANDSTONE Tan -gray, moist, poorly cemented SILTSTONE/SANDSTONE 20 Tan, gray, moist, cemented to well cemented 25.1 4938.5 25 BOTTOM OF BORING 14 SS 1 5010.1 The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft Irerracon BORING STARTED 4-1-84 WL Q 11 WD 11 COMPLETED 4 1-84 WL � �' 1 ROBING CME 55FOREMAN NRS WL Initial Water Level Reading APPROVED NRS I JOB # 20025143 ... . , .,. LOG OF BORING NO. 15 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibilit Stud SAMPLES TESTS ( DESCRIPTION O M - a H ❑ a Z ai W W z ZZ o- F ca ro u > O zCo W LUz } 0w w U) > j w a� ¢O W� z� 0 Approx. Surface Elev.: 4964.5 ft o Z) z � w m g O o a Z) rn 0.5 U TOPSOIL 4964 1 SS 12 19 LANDFILL MATERIAL 2 SS 12 13 1 13 5 SS 12 7 5 6 ST 12 112.5 7 SS 12 1 8 SS 12 1 9 4955.5 9 ST 12 SANDY LEAN CLAY 10 SS 12 4 Brown, moist, medium stiff 10 11 SS 12 6 4952 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense 15 12 ISSI 12 42 19 4945.5 WEATHERED SILTSTONE/SANDSTONE Tan ra moist oorl cemented 20 SILTSTONEISANDSTONE Tan, gray, moist, cemented to well cemented 25 30.2 4934.5 30 BOTTOM OF BORING T bU/U.2 The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, It 1 �arracon BORING STARTED 4-1-84 12.5 WD ING CO 4 1-84 WL � RIG CM E 55ED OREMAN NRS WL Initial Water Level Reading APPROVED NRS JOB # 20025143 LOG OF BORING NO. 16 Page 1 of 1 CLIENT ARCHITECTIENGINEER City of Fort Collins Facilities SITE NIE of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibility Stud SAMPLES TESTS 2 DESCRIPTION Approx. Surface Elev.: 4963.5 ft : o 00 Z) W z > W > W Zrn ran m Z a'LU � o 3 ~ Z o a z= LL 0 ZZ Uj o (n 0.5 U TOPSOIL 4963 LANDFILL MATERIAL 1 SSI 12 1 5 2 SS 12 5 4 13 5 SS 12 11 110.5 5 6 ST 12 7 ISS 12 4 8 SS 12 6 9 ST 12 10 SS 12 6 4953 10 11 SS 12 5 SANDY LEAN CLAY 1z.5 Brown, moist, medium stiff SZ 4951 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense 15 12 ISSI 12 10 18.5 4945 WEATHERED SILTSTONE/SANDSTONE Tan ra moistpoorly cemented 20 13 SS 9 50/0.8 SILTSTONE/SANDSTONE Tan, gray, moist, cemented to well cemented 25 30.3 4933 30 BOTTOM OF BORING LL The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft Irerracon BORING STARTED 4-1-84 WL -T 12.5 WD = COMPLETED 4 1-84 WL � � ROBING CME- 5FOREMAN NRS WL Initial Water Level Reading APPROVED NRS JOB # 20025143 LOG OF BORING NO. 17 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibilit Stud SAMPLES TESTS U` U Q OC (D DESCRIPTION Approx. Surface Elev.: 4964.5 ft = ~ W o O cy/J C) � Z) W m z z W > > 0 W _ ZU1 Q to Co z WW FZ � U Z y O a Z = LL ZZ 0W Z) (0 LANDFILL MATERIAL 1 ISS 12 20 17.5 2 SS 12 9 5 4957 3 ST 12 SILTY CLAY with SAND Brown, moist, medium stiff 4 SS 12 4 10 IIII 2 13 4951.5 SILTY SAND with GRAVEL 5 ST 12 Tan, brown, gray, moist to wet, loose to medium dense 15 6 SS 12 9 19.5 4945 20 7 SS 12 32 WEATHERED SANDSTONE 21 Tangray, moistpoorly cemented 4943.5 SANDSTONE Tan, gray, moist, cemented to well cemented 24.3 4940 BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft Irerracon BORING STARTED 2-15-95 WL � 11.7 WD = 12 AB 2 15-95 BORING COMPLETEDCME - Y RIG 55 OREMAN DAR F Water Level Checked on 2/24/1995 APPROVED NRS I JOB # 20025143 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: P983 Northside Aztlan Center Design Build PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: 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. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 LOG OF BORING NO. 18 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibilit Stud SAMPLES TESTS DESCRIPTION m Y W = U W w z Z Z� d F to m W}y 0 ?� HZ Y 0W Approx. Surface Elev.: 4964 ft W ❑ ❑ D z z F W Um �U ❑ a D0) LANDFILL MATERIAL 1 SS 12 7 3 ST 12 2 SS 12 5 5 8 4956 5 ST 12 SILTY CLAY with SAND 4 SS 12 7 Brown, moist, medium stiff 10 Q 12 4952 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense 6 SS 12 26 117 15 4947 WEATHERED SANDSTONE Tan, gray, moist, poorly cemented 19 4945 SANDSTONE Tan, gray, moist, cemented to well 20 cemented 24.2 4940 BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft Irerracon BORING STARTED 2-15-95 WL Q 11.3 WD = 12 AB COMPLETED 2 15-95 WL � Y ROBING CM 55 FOREMAN DAR WL Water Level Checked on 2/24/1995 APPROVED NRS I JOB # 20025143 LOG OF BORING NO. 19 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE N/E of Willow St, and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibility Stud SAMPLES TESTS DESCRIPTION O M o F N C) o Uj K� _ _ cn W w > zCO z 0 lW Z zZ LL W w w WpJp~ a � w Cn Co w o w 3 Wz D 0w aD � C9 Approx. Surface Elev.: 4967 ft w o n z y x a- � 0 m o 3 v � '�- o a z rn O Z) e rn U) 6" TOPSOIULANDSCAPE MATERIAL LANDFILL MATERIAL 1 SS 12 6 Sandy Lean Clay and Silty Sand with 2 SS 12 7 26.9 Gravel trace Cobbles and Brick, Wood, and Glass, Debris Fragments Brown, Gray, moist, medium stiff 3 SS 12 5 19.5 5 4 SS 12 5 12.3 4957.5 10 5 SS 12 35 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, medium 6 SS 12 50 5.9 dense to dense ' Intermittent Dense Cobble Layers Encountered 0.0002 7 SS 12 14 24.0 15 17.5 4949.5 WEATHERED SANDSTONE 19.3 Tan ra moist mnnrt,, cemented 4947.5 SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft BORING STARTED 9-18-02 WL Q 13.5 WD = Backf"Irerracon BORING COMPLETED 9-18-02 WL Y RIG CME-55 FOREMAN ASR WL Initial Water Level Reading APPROVED DAR JOB # 20025143 LOG OF BORING NO. 20 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibility Stud SAMPLES TESTS DESCRIPTION m y o w a O w U w m Z w a 0 w ?� W� a0 Ow ¢Z)LL c� Approx. Surface Elev.: 4967 ft o D z W aw (n m U wt o a z� Z)� �OZ) u, u, ' " ` 6" TOPSOIULANDSCAPE MATERIAL LANDFILL MATERIAL 1 SS 12 11 Sandy Lean Clay with Gravel trace Cobbles 2 SS 12 12 5.4 3 and Brick, Wood, and Glass, Debris 4964 Fragments Brown Gray, moist medium stiff 3 SS 12 36 1.6 SILTY SAND with GRAVEL 5 Tan, brown, gray, moist to wet, medium dense to dense Intermittent Dense Cobble Layers 8 Encountered 4959 0.0001 9 WEATHERED SANDSTONE 4958 Tangray, moistpoorly cemented 4 1 SS 1 10 50/0.8 13.7 SANDSTONE to Tan, gray, moist, cemented to well cemented 142 4953 BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft Irerracon BORING STARTED 9-18-02 WL 4 DRY WD -T Backfilled AB CO9 1ASR WL - BORING CME 55EDFOREMAN WL Initial Water Level Reading APPROVED DAR JOB # 20025143 LOG OF BORING NO. 21 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibility Stud SAMPLES TESTS DESCRIPTION O ` > O a Z = U Z inm W w Z Z Z 0 EL C)w Z) O HZ } OZ c� Approx. Surface Elev.: 4963 ft o (nn n Z j X a_ m in a0 (j m t o n z� :D rn 3" ASPHALT 0.5 3" AGGREGATE BASE COURSE 4962.5 1 SS 12 3 LANDFILL MATERIAL 2 SS 12 5 14.4 Sandy Lean Clay with Gravel trace Cobbles and Brick, Wood, and Glass, Debris Fragments 3 SS 12 3 Brown, Gray, moist, soft to medium stiff 5 4 ISS 12 3 12.5 5 SS 12 7 10 4953 10 6 SS 12 8 14.8 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, medium dense to dense " Intermittent Dense Cobble Layers Encountered 7 ISS112 29 18.7 15 17 4946 18 WEATHERED SANDSTONE 4945 Tan, gray, moist, poorly cemented 19.2 ' Stron Petro -Chemical Odor 4944 SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft 1 ��rr�con BORING STARTED 9-18-02 WL 4 10.5 WD i Backfilled AB COMPLETED 9 18-02 WL BORING CME-55 FOREMAN ASR WL Initial Water Level Reading APPROVED DAR I JOB # 20025143 LOG OF BORING NO. 22 Page 1 of 1 CLIENT ARCHITECT/ENGINEER City of Fort Collins Facilities SITE N/E of Willow St. and College Ave. PROJECT Fort Collins, Colorado Northside Community Center - Feasibilit Stud SAMPLES TESTS 0 DESCRIPTION 0 no F 3 Vi p a Z F i w > zcn �w z zZ > a azp z� c� Approx. Surface Elev.: 4962.5 ft Livi 0 Z) z w X a0 <n m3: 0 W, 0 a w 6" TOPSOULANDSCAPE MATERIAL LANDFILL MATERIAL 1 SS 12 15 Sandy Lean Clay with Gravel trace Cobbles 2 SS 12 13 5.7 and Brick, Wood, and Glass, Debris Fragments Brown, Gray, moist, medium stiff 3 SS 12 11 5 4 SS 12 14 16.5 5 SS 121 8 6 SS 12 12 17.9 %5 4952 10 SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, medium dense to dense * Intermittent Dense Cobble Layers Encountered 7 SS 12 45 23.8 " Intermittent Well -Graded Gravel with 15 Sand Lenses Encountered 18 4944.5 19 WEATHERED SANDSTONE 4943.5 Tan ra moist oorl cemented SANDSTONE 20 Tan, gray, moist, cemented to well cemented 24.3 4938 BOTTOM OF BORING The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft BORING STARTED 9-18-02 WL -7 11.0 WD = Backfilled AB11rerracon COMPLETED 9-18-02 WL Y Y BORING E 55OREMAN ASR WL Initial Water Level Reading APPROVED DAR JOB # 20025143 60 CL CH 50 P L A s 40 T I C T 30 Y I N 20 D E X 10 ML MH CL-ML 20 40 60 80 100 LIQUID LIMIT Specimen Identification LL PL PI %Fines Classification • 19 2.Oft NP NP NP 21 SILTY SAND with GRAVEL(SM) MM 20 4.Oft NP NP NP 13 SILTY SAND with GRAVEL(SM) A 22 10.0ft NP NP NP 35 SILTY SAND(SM) * 22 14.0ft NP NP NP 2 WELL -GRADED GRAVEL with SAND(GW) i LSite: LIrerirarwon ATTERBERG LIMITS RESULTS Project: Northside Community Center -Feasibility Study N/E of Willow St. and College Ave. Fort Collins, Colorado Job #: 20025143 Date: 4-1,) 5 ,.. . I "A EPA is currently working with Public Service Company of Colorado in performing response actions to address contamination of the Poudre River by coal tar, following extensive investigations of the coal tar plume, in an area shown on the attached map that EPA generally refers to as the Poudre River Site. The bona fide prospective purchaser and contiguous property owner provisions state that a person meeting the criteria of Section 107(r) and Section 107(q) of CERCLA (Comprehensive Environmental Response, Compensation and Liability Act), 42 U.S.C. §§ 9607(r) and 9607(q), respectively, is protected from CERCLA liability. However, to the extent that EPA's response action increases the fair market value of the bona fide prospective purchaser's property, EPA may have a windfall lien on the property. The windfall lien is limited to the increase in fair market value attributable to EPA's response action, capped by EPA's unrecovered response costs. To qualify as a bona fide prospective purchaser or a contiguous property owner, a person must, among other requirements, take "reasonable steps" with respect to continuing releases, preventing threatened future releases, and preventing or limiting human, environmental, or natural resources exposure to earlier releases. As noted above, EPA has conducted investigations and is in the process of working with other parties to take steps to abate the release of coal tar at the Poudre River Site. In the process, EPA has identified a number of environmental concerns. Based on the information EPA has evaluated as of early 2005, EPA has indicated that, for an owner of the property, the following would be appropriate reasonable steps with respect to the coal tar contamination found at the property. Additional reasonable steps may become necessary if site conditions change or new information is discovered which necessitates further reasonable steps. Minimize subsurface excavations to the extent possible. • Provide above -ground, rather than underground, parking facilities. • Use caissons, piers, pilings, and/or at -grade slab building foundations. • Where practicable and consistent with good engineering practices, minimize burial depths of tanks, piping, foundations, and other improvements. • During the design of underground utility installations, the design or construction of new structures or demolition of an existing structure, take into account the potential presence of the contamination that has been delineated and, to the extent practicable and consistent with good engineering practices, minimize excavation volumes. • Where practicable and consistent with good engineering practices, adopt as a preference for sewer line maintenance and repair the application of an in situ liner as opposed to removing and replacing the sewer line. • Where practicable and consistent with good engineering practices, incorporate into new or replacement utility improvements design measures, such as protective sleeving, choice of materials and other features intended to minimize the need for future replacement or repair due to effects of subsurface contaminants. 2. Monitor for NAPL in areas in which you are performing work during any excavation. • Use the attached plume map to identify areas where excavations may expose NAPL. • Sample soil and water encountered during excavations, as well as air within work area during excavation and restoration. You are not required to characterize the extent of any contamination, but should be characterizing the soil and water accessed or moved during excavation, as well as the air within and above the excavation. • Properly characterize any materials that are to be removed from the excavation prior to appropriate disposal. 3. Protect workers, bystanders and building occupants. • Where NAPL is encountered or monitoring results indicate the presence of NAPL at levels exceeding health based standards, require workers to wear appropriate personal protective equipment and/or undertake engineering controls to accomplish the same level of worker and bystander protection. • Provide training for workers on visual identification of NAPL as well as on the appropriate use of personal protective equipment. 4. Prevent preferential pathways that may be created by underground work. • Use the attached plume map to identify areas where excavations may encounter NAPL. • Seek professional assistance to design excavations in the identified areas that will not change pathway and/or rate of flow of the NAPL plume. 5. Properly dispose of contaminated materials that must be removed from the excavation in order to implement the work being performed. • Properly characterize any materials that are to be removed from the excavation. 6. Identify and use properly licensed facilities for the disposal of the contaminated materials that must be removed from the excavation. 2 DRAFT HEALTH AND SAFETY PLAN MATERIALS MANAGEMENT PLAN CITY OF FORT COLLINS POUDRE RIVER SUPERFUND SITE FORT COLLINS, COLORADO WALSH Project Number 5367-010 February 3, 2005 Current Revision, April 6, 2005 Lance Murray DRAFT HEALTH AND SAFETY PLAN MATERIALS MANAGEMENT PLAN CITY OF FORT COLLINS POUDRE RIVER SUPERFUND SITE FORT COLLINS, COLORADO February 3, 2005 Prepared for: Lance Murray City of Fort Collins Risk Management Division 215 North Mason Street, P.O. Box 580 Fort Collins, CO 80522 Prepared by: Prepared by: Reviewed by: Timothy M. Lockhart, M.S. Industrial Hygienist Ronald Crandall, CHMM Senior Industrial Hygienist Lindsay M. Breyer, CIH Manager of Health and Safety Services Submitted by WALSH ENVIRONMENTAL SCIENTISTS AND ENGINEERS, LLC 4888 Pearl East Circle, Suite 108 Boulder, Colorado 80301 (303) 443-3282 WALSII Project Number: 5367-010 .. ,,., 11 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, 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: Section 00640 Page 1 a. . "'A 111. .A&i.alsh Environmental Scientists and Engineers, Inc TABLE OF CONTENTS 1 Introduction ................................................. 2 Scope and Application..................................................................................................................................4 3 Work Plan Summary....................................................................................................................................5 4 Project Team Organization..........................................................................................................................5 5 Site Control Measures...................................................................................................................................6 5.1 General..........................................................................................................................................................6 5.2 Site Visitors....................................................................................................................................................7 6 Hazard Alalysis..............................................................................................................................................7 6.1 General Safety Issues....................................................................................................................................8 6.2 Trrenching & Excavation.............................................................................................................................9 6.3 Confined Space..............................................................................................................................................9 6.4 General Site Safety Procedures..................................................................................................................10 7 Training Requirements...............................................................................................................................10 7.1 Equivalent Training....................................................................................................................................11 7.2 Site personnel Potentially Exposed to Hazardous Substances................................................................11 7.3 Occassional or Regular Site Personnel Potentially Exposed Below PEL...............................................11 7.4 Management & Supervisor Training........................................................................................................12 8 Medical Surveilance....................................................................................................................................12 9 Air Monitoring............................................................................................................................................12 9.1 General.........................................................................................................................................................12 9.2 Area Sampling.............................................................................................................................................13 10 Personal Protective Equipment..................................................................................................................13 10.1 Introduction.................................................................................................................................................13 10.2 Personal Protective Equipment for Site Contaminants & Physical Hazards........................................14 11 Decontamination.........................................................................................................................................15 11.1 General.........................................................................................................................................................15 11.2 Contamination Avoidance..........................................................................................................................15 11.3 Personal Decontamination & Personal Hygiene.......................................................................................16 11.4 Equipment Decontamination.....................................................................................................................16 12 Materials Management Plan 16 13 Emergency Response Plan..........................................................................................................................19 13.1 Accident Prevention....................................................................................................................................19 13.2 Personnel Roles & Responsibility..............................................................................................................19 13.3 Emergency Contacts...................................................................................................................................20 13.4 Procedures for Emergency Medical Treatment and First Aid................................................................21 13.4.1 Chemical Exposure.....................................................................................................................................21 13.4.2 Personal injury............................................................................................................................................21 13.4.3 Fire or Explosion.........................................................................................................................................21 p:\rfp'd005 rfps p965\p983 noithside ast Ian center design build',p983 addendum 2 does ip98I addendum 2 item f _2 heal lh and safety plan conn'actor sample hasp.doc07,28.05 &Watsh Enviromnental Scientists and Engineers, Inc LIST OF TABLES Table 1 Team Organization .................... ME Table 2 Exposure Limits for Contaminants of Concern.........................................................................................8 Table 3 Hazards Controlled by Task........................................................................................................................9 Table4 Levels of Protection....................................................................................................................................14 Table 5 PPE for Levels of Protection......................................................................................................................15 Table 6 Health Concerns Associated with Soil and Ground Water.....................................................................28 Table7 Laboratory Analytical Methods..............................................................................................................30 Table 8 Air Monitoring Action Levels....................................................................................................................30 Table 9 Action Levels for Direct Reading Equipment..........................................................................................31 LIST OF APPENDICES APPENDIX A: SITE DESCRIPTIONS & MAPS...............................................................................24 APPENDIX B: SITE CONTAMINANTS AND ASSOCIATED HEALTH CONCERNS .......................................28 APPENDIXC: AIRMONITORING............................................................................................29 APPENDIX D: MAP ROUTE To HOSPITAL.................................................................................32 p:`Apt2005 1fps p965'y9S3 noathslde aMan center design fin I d'p983 addendum 2 docs,p983 addendum 2ltem f 2 health and safety plan contractor sample hasp doe07 28.05 l l M ♦'rv.'A - Walsh Environmental Scientists and Engineers, Inc List of Acronyms CGI combustible gas indicator CO carbon monoxide HSO Health and safety officer H2S hydrogen sulfide LEL lower explosive limit MT monitoring technician Oz oxygen OSHA Occupational Safety and Health Administration PBZ personal breathing zone PID photo -ionization detector SCBA Self-contained breathing apparatus SVOCS Semi -Volatile Organic Compounds TIC The Industrial Company TWA time -weighted average VOCS Volatile Organic Compounds WALSH Walsh Environmental Scientists and Engineers, LLC p.'afpA2005 dps p965 p983 noilhsnie azUan carter design baild p983 addendum, 2 does p983 addendum 2item 172 health and safety plan cont ac9or sample hasp.doc07 28.O5 iii .4 � IWIY n ALAU ,Sil Environmental Scientists and Engineers. Inc DRAFT HEALTH AND SAFETY PLAN MATERIALS MANAGEMENT PLAN CITY OF FORT COLLINS POUDRE RIVER SUPERFUND SITE FORT COLLINS, COLORADO 1 Introduction The Poudre River Superfund Site is an area of property located in Fort Collins, Colorado, between College Street on the west and the Poudre River on the north and east. For the purposes of this document, the Poudre River Superfund Site shall be defined as a 10 foot perimeter surrounding the plume of contamination identified in figure 2 of Appendix A, Lateral Extent of Contamination, October 2004. The Superfund Site is shown on the map provided in Appendix A. The Poudre River Superfund Site has historically been used for industrial businesses including a manufactured gas plant (MGP), landfill and fuel bulk plant. A plume of petroleum hydrocarbon contamination has been delineated on Site and the area has been named a Superfund Site by the U.S. Environmental Protection Agency (EPA). RETEC Group, Inc. (RETEC) has been contracted to perform drilling and soil sampling, groundwater and surface water sampling, trenching and excavation, construction, site restoration and waste water treatment operations at a portion of the Site. This area will be referred to as the RETEC Construction Area. 2 Scope Application Walsh Environmental Scientists and Engineers, LCC (WALSH) have prepared this Health and Safety Plan (HASP) and Materials Management Plan (MMP) for City of Fort Collins employees working at the Poudre River Superfund Site. Due to the presence of soil and groundwater contamination in this area, special precautions are required to protect workers, protect the public, and prevent release and dispersion of contamination into the environment. This plan provides health and safety procedures to protect City employees working on Site where subsurface contamination may be encountered. The HASP identifies key personnel, site hazards, and includes health and safety procedures such as, Personal Protective Equipment (PPE), air monitoring procedures, site control, decontamination, emergency response, worker medical surveillance and training. The designated Health and Safety Officer (HSO) will oversee the procedures set forth by this plan. The HASP also outlines procedures designed to ensure compliance with the applicable worker health and safety and environmental protection regulations at the Poudre River Superfund Site. p:':rfp1_2005 1fps p965yP83 nonhside=1 an center design build1p983 addendum'_ docs,p983 addendum 2 ilem f2 health and safety plan contmclor sample hasp.doc.0728 05 ALIATdtc-1 l Environmental Scientists and Engineers, Inc This plan incorporates Occupational Safety and Health Administration (OSHA) rules and regulations, U.S. Environmental Protection Agency (EPA) regulations, State of Colorado regulations, the City of Fort Collins requirements, and WALSH recommendations to meet the specific requirements for work around the Site. This plan contains a Materials Management Plan to provide procedures to deal with contaminated materials that may be excavated, and define reasonable steps to prevent releases and limit human exposure to hazardous substances. This HASP has been prepared with available information on the hazards known to be present on this Site. If additional information is gathered during future activities, this plan shall be updated to reflect any changes in the health risk analysis or air and medical monitoring procedures. 3 Work Plan The City of Fort Collins has entered into an Administrative Order on Consent regarding removal of certain contamination from the Site along with Public Service Company (Xcel Energy) and Schrader Oil Company. The AOC specifies the reasonable steps that the City of Fort Collins must take to maintain the integrity of the remediation and ensure protection of human health and the environment by restricting surface disturbance and groundwater use within the plume of contamination delineated by the EPA. City Departments should identify all work to be performed at the Poudre River Superfund Site well in advance and contact the City Attorney's Office and Risk Management Division for assistance in complying with the terms of the AOC. RETEC Group, Inc has been contracted to perform remediation work on Site through June of 2005. City employees may need to access the RETEC Construction Area during this time to install utility services, perform site inspections and other activities within the construction area. Risk Management will assist employees in coordinating with appropriate personnel, developing additional procedures where necessary, and in acquiring additional health and safety services. City departments are also encouraged to contact the City Attorney's office for assistance in developing work order specifications to ensure proper contractual agreements. 4 Project Team Organization The City of Fort Collins has established an organizational structure with specific responsibility for the functions listed below. While work continues at the RETEC Construction area, the individuals listed in the third column have been assigned to the required functions. As the On -Scene Coordinator (OSC), the EPA representative is responsible for overall project administration and contractor oversight. As part of that oversight function, EPA will ensure that project plans meet established safety requirements and that the health and safety of all site personnel is a primary concern. As an OSC, the EPA serves in the capacity of site supervisor. When future site activities are planned, Risk Management will assist City departments in establishing the organizational structure and ensuring that personnel are assigned to the required functions. p'.'Ifp12005 rfps p965'p983 notlhside azllan centsdesign bulld1p983 addend min 2 does gas I addendum 2 item F 2 health and safely plan contraclor sample hasp, doe 07,78,05 .wr • n«nrll ALWW411 Environmental Scientists and Engineers, Inc Table 1: Team Or anization Function Responsibility On RETEC Site Off RETEC Site Future Projects General Site Individual responsible for Paul Peronard TBA Contractor Supervisor directing all hazardous On -Scene Coordinator waste operations. EPA Region VIII 303-312-6808 303-886-1638 cell Health Safety Individual responsible for Lance Murray City of Ft. Collins Supervisor developing & implementing City of Ft. Collins Risk Management the site RISP. Risk Management 221-6807 970-221-6807 Site Safety Health Individual on site, who is Walsh Environmental TBA NS Consultant Officer responsible to the City & Scientists & Engineers has the authority to imple- Lindsay Breyer, CIH ment the site RASP & verify Tim Lockhart compliance wlapplicable requirements. Project Manager Dennis Alexander TBA City Staff RETEC Project Manager 970-493-3700 970-481-3884 Margit Hentschel City of Ft. Collins 970-224-6179 970-218-2052 5 Site Control Measures 5.1 General The designated Site Health and Safety Officer (SHSO) shall be responsible for ensuring that the provisions of this Health and Safety Plan (HASP) are adequate and being implemented in the field. The SHSO is also responsible for securing the Site at the beginning of City projects to control unauthorized access. Control of the areas which are impacted with hazardous chemicals is an important way of identifying the contaminated areas and preventing exposure to unprotected workers to the site hazards and chemicals. Site inspections will be conducted on a regular basis, by the SHSO, to ensure the effectiveness of the plan. If unforeseen contamination is found or suspected, the SHSO must be contacted for further instruction. The SHSO shall also be responsible for informing all personnel, including City of Fort Collins employees, contractors and subcontractors and visitors to the Site, of known or suspected hazards and the content of this HASP. All personnel are required to read and adhere to the requirements of this plan. 5.2 Site Visitors Due to the presence of soil and groundwater contamination on Site, adequate precautions must be taken to protect visitors. All visitors shall be briefed on the requirements of the HASP and sign the appropriate acknowledgement form. Visitors may not enter contaminated areas until pnrfp 200 ifps p965'p983 nonlhside azllan centerdesign buildp9SI addendum 2 does p983 addendum 2 item 1`2 health and safep plan wnhactor sample hasp doc07_28,05 • ii 7h Environmental Scientists and Engineers, Inc they can demonstrate compliance with the provisions of this HASP such as, training requirements and personal protective equipment required. All visitors to the RETEC Construction Area must be coordinated by the EPA's On -Scene Coordinator (OSC) and the City's Project Manager prior to arrival. The OSC and Project Manager shall be responsible for determining appropriate precautions for visitors, including identifying areas authorized for visitor access and suitable personal protective equipment needed When future site activities are planned, Site visitors will be expected to comply with the following provisions, if they do not meet training requirements listed in Section 7. 1) They must remain exclusively in uncontaminated areas. 2) They must not enter areas where hazardous wastes may exist, be stored, or processed. 3) They must not be potentially exposed to health or safety hazards related to hazardous waste operations. 4) They must be made aware of the boundaries of the exclusion zone and instructed to stay out of these areas. 5) They must be trained in the emergency response provisions of the Health and Safety Plan (e.g. evacuation procedures). 6 Hazard Analysis A site investigation in April of 2000, which identified heavy metals, Volatile Organic Compounds (VOC's), and petroleum hydrocarbons in the soil and/or groundwater at the site (ERM, April 3, 2000). The chemical hazards at this site are primarily associated with water and soil impacted with petroleum hydrocarbons and poly aromatic hydrocarbons (PAHs) (coal tar pitch volatiles). Site hazards also include chemical, physical, and biological hazards associated with the former landfill, steep banks, flowing river (water hazard), general construction activities, deep excavations and sever weather. A copy of the site investigation conducted by ERM is included in the project specifications and available from RETEC upon request. The results of the investigation were compared to screening levels derived by the Colorado Department of Public Health and Environment (CDPHE) for site contaminants. Based on the available information, the primary contaminants of concern are gasoline -related compounds (benzene, toluene, ethyl benzene, and xylenes), polynuclear aromatic hydrocarbons, and other hydrocarbons. Soil sampling data indicate that lead and arsenic are expected to be the primary metals of concern at the site. The hazardous substances suspected to be in the soil and water are listed in table 2 along with their respective American Conference of Governmental Industrial Hygienist (ACGIH) Threshold Limit Values (TLV's) and OSHA Permissible Exposure Limits (PELs). pbrfp:_2005 rfps p9651p983 northside aztlan center design but I d'.p98_3 addendum 2 docs.p983 addendum' item f 2 health and safety plan contactor sample hasp.doc.07 28.05 `Nci sh Environmental Scientists and Engineers, Inc Table 2: Exposure Limits for Contaminants of Concern Substance OSHA PEL ACGIH TLV Known Carcinogen Skin Absorption Benzene I ppm TWA 0.5 ppm AL 0.5 ppm TWA IARC - 1 Yes Eth 1Benzene 100 ppm TWA 100 ppm TWA IARC — 2B Yes Toluene 200 ppm TWA 50 ppm TWA IARC - 3 Yes X lene 100 ppm TWA 100 ppm TWA IARC - 3 No Naphthalene 10 ppm TWA 10 ppm TWA No IARC designation TLV — A4 Yes Acena hthene (1) 0.2 mg/m3 TWA 0.2 mg/m' TWA IARC - 1 N/A Benzo a P rene O 0.2 mg/m' TWA 0.2 mg/m' TWA IARC — 2A Yes 12I Chrysene (1) 0.2 mg/m3 TWA 0.2 mg/m3 TWA IARC - 3 Yes t'i Phenanthrene (1) 0.2 mg/m3 TWA 0.2 mg/m' TWA IARC - 1 N/A P rene (1) 0.2 mg/m' TWA 0.2 mg/m3 TWA IARC - 1 N/A Arsenic O 0.01 mg/m3 TWA 0.01 mg/m' TWA IARC - I No Lead 0.05 mg/m' TWA 0.03 m /m3 AL 0.05 mg/m3 TWA IARC — 2B No OSIIA PELs TWA =time -weighted average (eight hours) ACGIH TLVs AL = action level (Medical Surveillance must be performed for any employee who is exposed at or above the AL for more than 30 days per year). '" Coal Tar Pitch Volatiles as Benzene Soluble Aerosol (2) Exposure by all routes, should be controlled to levels as low as possible (3) Inorganic compounds mg/ail = Milligrams per cubic meter ppm = part per million International Agency for Research on Cancer (IARC) Carcinogenicity Rating Systems IARC- I = Careinogenic to humans; Sufficient evidence of carcinogenicity in humans and experimental animals IARC-2A = Probably carcinogenic in humans. Limited evidence or carcinogenicity in humans and sufficient evidence of carcinogenicity in experimental animals IARC-2B = Possibly carcinogenic in humans. Limited evidence of carcinogenicity in humans and less than sufficient evidence of carcinogenicity in experimental animals IARC-3 = Unclassifiable as to carcinogenicity in humans. Evidence of carcinogenicity is inadequate in humans and inadequate of limited in experimental animals IARC11= Probably not carcinogenic in humans. Lack of evidence supporting carcinogenicity in humans and experimental animals. 'I LV-A4 = Not classifiable as a human carcinogen. Agents which cause concern that they could be carcinogenic for humans but which cannot he assessed conclusively because of lack of data. 6.1 General Safety Issues In addition to the hazardous substances that may be encountered during this project, many safety risks are present during remediation and construction activities. These include the risk of slips, trips, and falls, during construction activities. There is also a potential for water hazards, since some of the construction activities on this site may be performed near the banks of Cache La Poudre River. The water level in the river can change rapidly endangering workers on the banks. Releases upstream, rains in the area, and precipitation far upstream of the site can affect water levels. Since there is no control over the water levels, workers in this area need to be aware of the river levels and to halt work and move to higher ground if a rapid change in the water level occurs. p:.rfp'2005 1fps p965 p983 northside aznan center design buil&p983 addendum 2 dots.p983 addendum 2 item f 2 health and safety plan can tractor sample ALAVals l Environmental Scientists and Engineers, Inc Portions of this site include old landfill material. This type of fill material can possibly contain poorly compacted soil and non native materials, pockets of methane gas, biohazards, household hazardous waste, and sharps from metal and glass shards. City of Fort Collins safety polices shall be followed by City employees during all phases of work on Site and in adjacent areas for this project. 6.2 Trenching Excavation All trenching and excavation activities will comply with City of Fort Collins policy and procedures. Table 3 identifies potential hazards for tasks associated with utility trenching and excavation activities. Table 3: Hazards and Controls By Task Task Potential Hazards Controls tility survey and lock-out/tag-out as necessary. Brief Contact with utilities operators on hazards and maintain 10 foot working distance from utilities. Brief workers on soil conditions and the potential for Exposure to uncovering buried debris and contamination. If soil contaminated soils conditions change, contact the Project Engineer or the BO to investigate the change of conditions. While excavating on the steep hillsides, the operators must be aware of the stability of the slopes and take Cave-in of steep slopes precautions so as not to cause a slide of material, which could injure workers. Excavations must be evaluated Task 1 Trenching and controlled by a competent person. Exposure to kb dust control to minimize the release of and Excavation contaminated dusts contaminated dusts and avoid the area immediately downwind of the excavation Instruct workers on safe work practices, maintaining 3- Employee injuries from point contact when climbing on equipment. Maintain equipment operations line -of -site contact with operator. tilize experienced operators. Check equipment daily, defective equipment will be repaired or replaced. Noise exposure boring protection will be worn by heavy equipment operators and anyone within a 15 foot radius. Cave-in of excavations Any material excavated may be unstable and must be and stockpiles placed in such a manner so as not to be a slide hazard or impact the work areas. 6.3 Confined Space Entry Hazards City of Fort Collins safety polices shall be followed by City employees during confined space entry for all phases of work on Site and in adjacent areas for this project. Confined space is defined as any space that is large enough to enter, has a limited means of egress, and is not designed for continuous human occupancy. Examples of confined spaces on this site include, but are not limited to, manholes, trenches and pits. An Confined Space is also potentially subject to the accumulation of toxic or flammable contaminants, has an oxygen deficient or enriched atmosphere, or has a physical hazard associated with the space. p.Aip12005 rF,s p9O5 p98 j vnrtbside aelan center design build%p981 addendum 2 d.,, 1181 addendwn 2 item f'- health and safety plan vmmw, smnple hasp &o 07 38A5 AiWals 1 Environmental Scientists and Engineers, Inc 6.4 General Site Safety Procedures To protect workers on this site from the physical and chemical hazards described above, the following safety procedures shall be followed for the work on this project. • The HSO and the project manager must be notified when and if any additional suspected contaminated areas are encountered. • At a minimum, all site workers, even persons in adjacent non -impacted areas, shall be notified of the hazards of working in or around the site excavation. • Work shall HALT in any area if any evidence of undocumented contamination is encountered. This evidence may consist of a visual determination that local site conditions are different than those anticipated, the presence of unusual odors, the finding of chemical containers or actual chemicals, or any reported worker health complaints or symptoms which may have occurred on the site. • All trenches and excavations greater than four foot deep in contaminated soils will be considered permit required confined spaces (PRCS) for the duration of the project and procedures will be followed to insure compliance with the applicable regulations unless otherwise determined by the HSO. • At a minimum, all vehicles used on the site shall be equipped with a class A/B/C fire extinguisher and a first aid kit. 7 Training Requirements All personnel working in the hazardous area shall receive training in accordance with the OSHA regulation 29 CFR 1910.120 (Hazardous Waste Operations and Emergency Response, or HAZWOPER). Personnel working on this project will also receive site -specific health and safety training on the known and potential hazards present in the project area. Training will include review of the site HASP personnel responsible for site health and safety, use of personal protective equipment, safe work practices, use of engineering controls, medical surveillance requirements and other topics which prepares workers for their job functions and responsibilities. Employees will also be provided with training to address specific hazards they may encounter on the site. This may include Confined Space, Lockout / Tagout, Trenching & Excavation, Respiraotry Protection, and other procedures in accordance with City of Fort Collins safety policies. The training may be done during the contractor weekly safety meetings or during special sessions. Employees potentially exposed to benzene will receive training as required in 29 CFR 1910.1028. 7.1 Equivalent Training. Employees who can show by documentation or certification that an employee's work experience and/or training has resulted in training equivalent to the requirements listed below shall not be p:aip'_2005 rfps p965p983 rn,nbide azllan center desiut bnild p933 addendwn 2 &es'.p983 addendwn 2 ilem f2 health and safety plan cornmelor sample hasp _doc.D7 28,05 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: P983 Northside Aztlan Center Design Build 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, Section 00650 Page 1 AkWao l h Environmental Scientists and Engineers, Inc required to attend additional training except that of training new to a site shall receive appropriate, site specific training before site entry and have appropriate supervised field experience at the new site. Equivalent training includes any academic training or the training that existing employees might have already received from actual hazardous waste site experience. Employees potentially exposed to benzene will receive training as required in 29 CFR 1910.1028. 7.2 Site Personnel Potentially Exposed to Hazardous Substances Site personnel such as equipment operators, general laborers, and others involved in construction activities taking place below grade in contaminated areas and are potentially exposed to hazardous substances and health hazards shall receive a minimum of 40-hour HAZWOPER training. Training may include any of the following topics to include a total of 40 hours of training: Poudre River Site HASP Respiratory Protection Site Entry Exit & Control Decontamination Trenching & Excavations HAZWOPER Regulations Medical Monitoring Emergency Response Hazard Awareness Noise Control Electrical Hazards Waste ID & Classification Personal Protective Equip. Use of Monitoring Instruments Confined Space Waste Confinement & Containment Regulatory Right to Know Transportation of Hazardous Waste 7.3 Occasional or Regular Site Personnel Potentially Exposed to Hazardous Substances below Permissible Exposure Limits Workers regularly on site who work in areas which have been monitored and fully characterized indicating that exposures are under published exposure limits and workers on site occasionally for a specific task above grade, are unlikely to be exposed over PELs, and there are no health hazards or the possibility of an emergency developing shall receive a minimum of 24-hour HAZWOPER training. Training may include any of the following topics to include a total of 24 hours of training: Poudre River Site HASP Respiratory Protection Site Entry Exit & Control Decontamination Trenching & Excavations HAZWOPER Regulations Medical Monitoring Emergency Response Hazard Awareness Noise Control Electrical Hazards Waste ID & Classification 7.4 Management and Supervisor Training Personal Protective Equip. Use of Monitoring Instruments Confined Space Waste Confinement & Containment Regulatory Right to Know Transportation of Hazardous Waste On -site management or supervisors directly responsible or who supervise employees described in section 7.2 engaged in hazardous waste operations, shall receive 40-hour HAZWOPER training, and an additional eight hours of HAZWOPER supervisor training. Management and p: rtp2005 rfps p965?p983 nmrhside ml.. center design build'p983 addendum 2 docs p983 addendun 2 item f 2 healdt and safety plan contractor sample hasp. dn<.07.28.05 A- Tid4i Environmental Scientists and Engineers, Inc site supervisors are encouraged to have current Cardio Pulmonary Resuscitation (CPR) and First Aid Training. If appropriate, rescue personnel must have current CPR and First Aid Training. Training may include any of the following topics to include a total of 40 hours of training: Poudre River Site HASP Respiratory Protection Site Entry Exit & Control Decontamination Trenching & Excavations HAZWOPER Regulations Medical Monitoring Emergency Response Hazard Awareness Noise Control Electrical Hazards Waste ID & Classification 8 Medical Surveillance Personal Protective Equip. Use of Monitoring Instruments Confined Space Waste Confinement & Containment Regulatory Right to Know Transportation of Hazardous Waste All employees who may be exposed to hazardous substances or other health hazards at or above the permissible exposure limits (PEL's) for 30 or more days a year, must have a full baseline physical examination with the approval of a board -certified physician to work at a hazardous waste site. The physical examination must be updated annually. Workers required to wear respirators will receive training and respirator fit -testing in accordance with the OSHA regulation 29 CFR 1910.134. Pulmonary function tests will be required for all workers requiring air -purifying respirators. Workers who may be exposed to benzene above the OSHA action level will receive medical surveillance in accordance with 29 CFR 1910.1028. 9 Air Monitoring Program 9.1 General Air monitoring and the assessment of actual airborne concentrations of site chemicals is important in the identification of the hazards presented to workers and to select the proper protective equipment requirements for the project. This air monitoring program was designed based on a review of the site characterization data and the work plan for construction activities in the contaminated areas. The program of air monitoring includes personal exposure assessments using personal breathing zone (PBZ) sampling with a direct reading instruments, air sampling pumps and/or passive diffusion dosimeters with laboratory analysis of sample media. Area air monitoring will also be conducted using direct reading monitoring instruments. The following sections describe the air sampling methods which will be used to meet these objectives and the location and application of the air sample collection. 9.2 Area Sampling Area air sampling allows the determination of the air concentrations which exist in a given area during specific construction activities. The results of these sampling episodes allow a decision to be made on the level of personal protection that will be required for workers in this area. p:`rfp 20051fps p965 g983 nonhside aztlan center design buildtp983 addendum 2 docs'p983 addendwn 2 item 1`2 health and safely plan commchn sample hasp doc 07,28.05 �ALwdll Environmental Scientists and Engineers, Inc These results do not necessarily indicate the actual exposure to workers since the workers may move from one area to another. The area sampling will be performed using a direct reading instrument so that immediate results can be obtained and provided to the City representatives. During intrusive activities, the site monitoring technician (MT) may need to monitor the air quality in the area of the excavations using a direct reading combustible gas indicator (CGI) for for percent lower explosive limit (LEL), percent 02, CO and H2S. A photo -ionization detector (PID) will be used to monitor for VOCs. An infrared particulate monitor, a MIE PDM Miniram, will be used as a survey instrument to record the particulate levels on a periodic basis. These concentrations will be recorded by the MT. The direct reading instruments will be charged, cleaned and calibrated each day before use to ensure accuracy. At a minimum, monitoring for 02, combustible gases, CO, 112S, VOCs, and total dust will be conducted daily during trenching and excavation activities. Other contaminants may be monitored based on previously monitored levels in specific locations. The monitoring shall be performed by the monitoring technician under the direct supervision of the WALSH HSO or Industrial Hygienist. The monitoring includes the use of direct -reading air monitoring instruments, passive diffusion dosimeters, and may include air sampling pumps for quantifying BTEX, total hydrocarbons, respirable dust, total dust, and other air contaminants suspected to be present. 10 Personal Protection Program 10.1 Introduction Levels of personal protection required for the site activities are presented in Table 4. The required PPE for these levels of protection are presented in Table 5. Based on evaluation of potential hazards and the proposed activities, the minimum level of PPE designated for each task is a "Level D" ensemble. However, some tasks may require "Modified Level D." This level of protection includes skin protection for workers who may contact the contaminated soils. Personnel working in areas where no contact to soils will occur may wear Level D. If contaminated soil is to be handled, the Modified Level D will be required. If the soils are not to be handled, the Level D will be maintained until airborne levels of the identified contaminants are detected at the action limit listed in the Air Monitoring Program. When levels exceed the corresponding action limit, the contingency level of personal protection must be donned. Equipment to allow upgrade of PPE to Level C should be available on site at all times. Table 4: Levels of Protection Activity Levels Of Personal Protection Initial When air concentrations exceed action levels Site excavation, construction, or other work where contamination is not suspected. D C Site excavation, construction, or other work where contamination is suspected and contact is possible. Modified-D C pi afpC005 rfps p965,p983 northside aztlan center design build'y983 odd,ndmn 2 doesp983 addendum'_ item f 2 health and safety plan con it ctor sample hasp. doe,D7.?8. 05 � Wals Environmental Scientists and Engineers, Inc 10.2 Personal Protective Equipment for Site Contaminants and Physical Hazards: The following list specifies personal protective equipment for the various areas of the body. The list is meant to serve as a supplement to Table 4, Lungs: A half -face or full -face, air -purifying respirator (with high efficiency particulate air (HEPA) and organic vapor cartridges) will be used when concentrations exceed the action level. Skin: To provide skin protection, protective clothing such as Tyvek coveralls and gloves must be worn when there is potential for contact with contaminated soil or water. Coated or liquid - resistant Tyvek shall be used when there is a potential for contact with contaminated liquids. Head: Hard-hats must be worn near potential overhead hazards. Eye: Safety goggles, safety glasses or faceshields must be worn when splash hazards or flying projectile hazards are present, respectively. Ear: Hearing protection must be worn when the noise level appears to approach 85 dBA. As a reference, when conversation becomes difficult at a distance of a few feet, the decibel levels may be greater than 85 dBA. Foot: Steel -toed boots are required when working in or around trenches and excavations. Depending on the risk of contamination present, different levels of PPE must be worn. Table 10 shows what each level of protection requires employees to wear. Table 5: PPE for Levels of Protection LEVEL D MOD-D LEVEL C • Steel toe work boots a Steel toe neoprene or a Steel toe neoprene or • 1*d hat (ANSI -approved) PVC work boots with PVC work boots or • Safety glasses disposable boot covers disposable boot covers • hI-d hat (ANSI- • hhd hat (ANSI - approved) approved) • Vinyl or latex inner 0 Vinyl or latex inner gloves Nitrile outer gloves gloves, if necessary 0 Nitrile outer gloves • Tyvek coveralls (poly- • Tyvek coveralls (poly - coated Tyvek or coated Tyvek or Saranex for work where Saranex for work where there is a potential for there is potential for pr'rfp 2005 1fps p065.p9$3 northside aztlan center design In ild`p9S3 addendmn 2 does p933 addendum 2 item R heal lh and safety plan contmetor sample hasp. Ace. 022805 A Akwawl Environmental Scientists and Engineers, Inc contaminated liquid) Goggles, safety glasses, or faceshields (faceshield required for work where there is a potential for splash or spray of contaminated liquid) contact with contaminated liquid) • Goggles, safety glasses, or faceshields (faceshields required for work where there is potential for splash or spray of contaminated liquid) • htf-face or Full -face, air -purifying respirator (dependent on VOC concentrations) equipped with BPA and organic vapor No Changes To The Specified Levels Of Protection Shall Be Made Without The Approval Of The HSO. 11 Decontamination 11.1 General Effective decontamination of personnel and equipment which has come into contact with hazardous and potentially contaminated materials is extremely important to prevent the spread of contamination and to prevent continued exposure to the site contaminants. This section explains the procedures and equipment, which will be used, on this project to meet this objective. 11.2 Contamination Avoidance Workers are encouraged to avoid contacting contaminated materials on the project site as a precaution to prevent exposure to the hazardous chemicals. Workers may avoid contamination by not walking through contaminated areas, using PPE whenever contacting hazardous materials, and using remote equipment rather than handling materials which may be hazardous with bare hands. These precautions may negate the need for decontamination and prevent exposures to hazardous materials. 11.3 Personnel Decontamination and Personal Hygiene As a minimum, workers on this project will be provided with hand washing facilities to be used by all workers on the site. Workers who are in contact with the any subsurface materials are required to wear skin protection and protective equipment. These workers are required to wash their hands and face at lunch and at the end of the day. Workers who inadvertently contact contaminated materials with unprotected skin or clothing are required to wash exposed skin immediately after contact with the material. Clothing coming into contact with this material will be changed as quickly as possible. prafp'_1105 ,{ps p965'p983 notlhSi& azttan center dmp bwld`p983 addendum 2 d, c, p981 addendum 2 item E 2 heath arnd safety plan contactor' sample h.,A. 07 29.OS .... . 1,10 Environmental Scientists and Engineers, Inc Workers who enter any areas in which a level C level of personal protection will be provided with a decontamination station at the egress point of the area in which to doff their personal protective equipment and to wash their boots, hands, face, and respirators (if necessary). 11.4 Equipment Decontamination Equipment, which is in contact with the contaminated material and requires servicing or other handling, will be cleaned prior to leaving the site or handling by unprotected personnel. In general water washing will be sufficient, but in some cases soap and water may be required. 12 Materials Management Plan There is a possibility of encountering contaminated soil and groundwater in the vicinity of the Poudre River CERCLA Site during excavations conducted by the City for utility work. The primary concern is due to coal tar compounds originating from the former Poudre Valley Gas Plant Site (See Figures 5 & 6 of Appendix A). There is also the possibility of encountering landfill debris and residues from fuel releases near Willow Street. While it is anticipated that many excavations conducted by the City will not encounter contamination, procedures must be in place to minimize the spread of contamination as a result of excavations and other activities conducted in this area by the City. These procedures are designed to ensure protection of soils, water, and ambient air quality. Reasonable efforts will be made to contain wastes and contaminated environmental media during these operations. In addition, waste materials such as PPE and decontamination solutions will be collected during work activities and properly disposed of. All City operations will be conducted in a manner that will minimize the waste materials produced. 12.1 Types and Locations odBontaminated Latepiajs 12.1.1 Coal Tar Coal tar contamination is known to be present in the Willow Street Area as well as on and near the City's Aztlan Property. Coal Tar Contamination in the Willow Street Area • Coal tar contamination (in both soil and groundwater) is present beneath Willow Street at all locations between approximately 75 feet east of the railroad tracks, and 100 feet west of Pine Street (see Figures 5 & 6 of Appendix A). • Soil contaminated by coal tar liquid and residues may be encountered in Willow Street at depths as shallow as 6.5 feet. Groundwater contaminated by coal tar compounds may be encountered at depths as shallow as 10-12 feet beneath Willow Street (See attached Figures 5 & 6 of Appendix A). p.a{p'I00_5 rfps p9bi 983 nmYhsde avlan center design build\p983 addendum 2 docslp983 addendum 2 item f2 health and safety plan contmctot sample hasp.doc07_28 OS . A .AMLW W Environmental Scientists and Engineers, Inc Coal Tar Contamination at the Aztlan Property, Willow Street to the Poudre River • Soil and groundwater contaminated by coal tar compounds is present at depths sloping from as shallow as approximately 9 feet at the south side of Willow Street, to approximately 13 feet in the vicinity of the northeast corner of the current Aztlan parking lot and the circular playground. • North of a line between the north sides of the current Aztlan and United Way Buildings, coal tar contaminants are not believed to be present above bedrock, which may be encountered at depths greater than 15 feet below the surface. 12.1.2 Landfill Material There is the possibility of encountering trash (including glass, brick, metal, ash, char, and other materials) at shallow depths (less than 2 feet in some locations) at all locations on the Aztlan property from Willow Street to the Poudre River. However, most of the landfill material is present at locations north of a line running from south end of the Aztlan Building, through the northern portion of the United Way Building (see attached Figure 4). 12.1.3 Petroleum Contamination Petroleum contamination (gasoline, diesel, used oil) is possibly present under Willow Street and in other areas near current and historic service stations and bulk plants. The extent of contamination of soil and groundwater contamination is not known, but crews working in the area should be alert to its possible presence. 12.1.4 Other Contaminants Crews should be alert to the possible presence of contamination that has not been previously documented. Indications of possible contamination include the presence of buried debris, discolored soil, oil sheen on groundwater, and odors. Any suspected contamination that is encountered must be reported to the Site Safety Officer and the City Project Manager. 12.2 Materials Management All identified wastes and potentially contaminated materials (See Section 12.2.1 and 12.2.2. below) generated will be placed in a secured location on site. All waste containers will be clearly labeled as to their contents. Samples of waste materials will be collected by the Site Health and Safety Officer for laboratory testing. The results of the laboratory testing will be used to determine the proper disposal method. The laboratory tests to be conducted will be p. Ap;2005 rfps p965�p983 nonhside avdan center design build'p983 addendum'_ does p983 addendum 2Item f'_ health and safety plan commoor sample hasp.doc D7 28.05 Affi< lsh Environmental Scientists and Engineers, Inc determined by the Site Health and Safety Officer and City Project Manager based on the nature of the contamination encountered and the decisions to be made regarding the material. If off -site disposal is required, only properly licensed and approved disposal facilities will be used. The wastes will be transported in accordance with DOT, EPA, and CDPHE requirements including proper packaging, labeling, and manifesting. The City of Fort Collins will be listed as the generator of the waste. Copies of all shipping documents and waste characterization data will be retained by the City in the project files. 12.2.1 Contaminated Soil When conducting excavations in areas of known or suspected contamination, the excavated soils will be managed in such a way as to minimize the potential spread of contamination. All excavated soils will be field -screened for contamination using a Photoionization Detector (PID). Soils which are discolored, contain visible debris, exhibit unusual odors, or which give elevated PID readings will be segregated from clean soil. Potentially contaminated soils will be stockpiled in an approved location near the excavation. Segregated soils with suspected contamination will be placed on tarps to protect underlying soils, and covered with tarps to prevent contact with stormwater. The area around the segregated soil should be bermed to direct stormwater away from the soil stockpile. Samples of suspect contaminated soil will be collected by the Site Health and Safety Officer for laboratory testing. As a general rule, a minimum of one sample will be collected for every 100 cubic yards of contaminated soil. In order to ensure that the samples are representative of the stockpiled material, each sample may be collected by compositing material from different portions of the stockpile. 12.2.2 Contaminated Groundwater Groundwater may be encountered at depths of 10 to 12 feet in Willow Street (See Figures 5 & 6 of Appendix A) during excavations conducted by the City. Groundwater may be encountered on the Aztlan Property at depths grading from approximately 12 feet near Willow Street to approximately 18 feet near the Poudre River. Depths to groundwater can vary significantly by season, river stage, and recent weather conditions. If groundwater is encountered, it will be screened for indications contamination (oil sheen, discolorization, odors, PID readings). Groundwater in the immediate vicinity of the mapped coal tar contamination should be assumed to be contaminated with coal tar compounds. Small volumes of contaminated groundwater may be managed in DOT -approved containers. If dewatering of an excavation is necessary, a dewatering permit will be obtained from CDPHE. 12.2.3 Other Wastes Decontamination solutions, used personal protective equipment, and other wastes generated in the course of the City's excavations will be placed in DOT -approved containers and placed in a secure on -site location. p-`rfp2005 ifps p965',p983 noithside aztl an center design b.nd,p983 addendum'_ docs,p983 ad0endurn2 item f 2 health and safety plan wnhacmrsainpfe hasp _doc.07 28.05 �Wa1,sh Environmental Scientists and Engineers, Inc 13 Emergency Response Plan 13.1 Accident Prevention All site activities present a degree of risk to on -site personnel. During routine operations, risk is minimized by establishing good engineering and work practices, staying alert, and using proper personal protective equipment. Unpredictable events such as physical injury, chemical exposure, or fire may occur and must be anticipated. All employees are encouraged to participate in first aid and CPR courses in order to more effectively handle physical and medical emergencies that may arise in the field. The discovery of any condition that would suggest the existence of a situation more hazardous than anticipated will result in the evacuation of the work crew and re-evaluation of the hazard and the level of protection required. Follow-up action should be taken to correct the situation that caused the accident. General emergency procedures, and specific procedures for handling personal injury and chemical exposure, are described in the following sections. 13.2 Personnel Roles, Lines of Authority, and Communication In the event of an emergency situation at any work site, the project manager or HSO will assume total control and will be responsible for on -site decision making. This individual has the authority to resolve all disputes about health and safety requirements and precautions. The site project manager or HSO will also be responsible for coordinating all activities until emergency response teams (ambulance, fire department, etc.) arrive at the site. The HSO will ensure that the necessary personnel and agencies are contacted as soon as possible after the emergency occurs. All on -site personnel must know the location of the nearest phone and the location of the emergency phone number list. 13.3 Emergency Contacts In the event of any situation or unplanned occurrence requiring assistance, the appropriate contact(s) should be made from the following list: Emergency Contacts Phone Number Fire Department 911 Police 911 Ambulance 911 p: rfp,2005 fps p965,,p983 nonh,{dc azdan center design buildp983 addendmn 2 does p983 addendum 2 item f 2 health and safety plan con meni sample hasp, doc.07,28.05 Aiwalsh. Environmental Scientists and Engineers, Inc EPA National Response Center for spill reporting CDPHE Emergency Response - 24 hour CDPHE Division of Waste Management Colorado Poison Control - 24 hour information Employer Contacts Project Manager (City of Fort Collins) Name Margite Hentschel Risk Management Division Lance Murray (City of Fort Collins) Project Manager (WALSH) Health and Safety Officer (WALSH) Hal Stuber Lindsay Breyer, CIH (800) 424- 8802 (887) 518-5608 (303)692-3024 (900)332-3073 Phone Number (970) 224-6179 Office (970) 218 2052 mobile (970)221-6774 (303)443-3282 (303)443-3282 (303) 517-0735 mobile Industrial Hygienist Timothy Lockhart, M.S. (303) 443-3282 (WALSH) (303) 886-8439 mobile Industrial Hygienist Tracy Altrock (303) 443-3282 (WALSH) (303) 589-6724 mobile Monitoring TechnicianLuke Matzke (303) 443-3282 (WALSH) (303) 817-6970 mobile 13.4 Procedures for Emergency Medical Treatment and First Aid 13.4.1 Chemical Exposure In the event of chemical exposure (skin contact, inhalation, ingestion), the following procedures should be implemented: • Another team member (buddy) should remove the individual from the immediate area of contamination if safe to do so. • Precautions should be taken to avoid exposure of other individuals to the chemical • If the chemical is on the individual's clothing, the clothing should be removed if it is safe to do so • If the chemical has contacted the skin, the skin should be washed with copious amounts of water porIt, '2005 1fps p965-p983 nortbside av Ian center design btnI&p983 addendum 2 docs'p983 addendum 2lten, f2 health and safety plan contractor sample hasp.doc07.28-05 materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: Notary Public Section 00650 Page 2 20 day of E A' aN, Environmental Scientists and Engineers, Inc • In case of eye contact, an emergency eyewash should be used. Eyes should be washed for at least 15 minutes • If necessary, the victim should be transported to the nearest hospital or medical center. If necessary, an ambulance should be called to transport the victim. It may be necessary to wrap the victim in a blanket or plastic to avoid contamination of the transport vehicle or hospital emergency room. Ensure prior notification is provided to healthcare personnel that this is a chemical exposure incident. 13.4.2 Personal Injury In the event of personal injury: • Workers trained in first aid can administer treatment to an injured worker • Workers with suspected back or neck injuries should not be moved, except by emergency medical personnel, unless there is a serious threat to life or health • The victim should be transported to the nearest hospital or medical center. If necessary, an ambulance should be called to transport the victim. The Site HSO should be informed of the incident 13.4.3 Fire or Explosion In the event of fire or explosion, personnel will evacuate the area immediately. Administer necessary first aid to injured employees. Personnel will proceed to a safe area and phone the local fire department or emergency support services. Upon contacting the emergency support service, state your name, nature of the hazard (fire, explosion), the location of the incident, and whether there were any physical injuries requiring an ambulance. 13.5 Route to Hospital provided in the Appendix 8 p::rfp,2005 1fps p�965rp983 northside aztlan center design bui1d:p983 addendun'_ docs`,p983 addendum'_ item f 2 health and safety plan contractor sample h.,p,doc.07_28 OS +M iiHM Environmental Scientists and Engineers, Inc Record of Health and Safety Briefing The undersigned have been briefed on the contents of the Health and Safety Plan for the City of Fort Collins Poudre River Cleanup Project. They understand the means and objectives of the work plan and have been fully apprised of the risks and hazards involved in accomplishing the work. They further agree to comply with the requirements and protocols set forth in this document. Name Signature Date Site HSO p:'Hp 2005 of s p965,983 nonhside aMan ce let design bmld'p983 addendum 2 does'pus addendum 2 item f _2 health and safety plan conlractor sample hasp. doc 07._'8.05 r Environmental Scientists and Engineers, Inc 14 References RETEC November S, 2004. Site Specific Health and Safety Plan; Cache La Poudre River Removal Action Fort Collins, Colorado. p'rfp'_005 rfps pa65fog) m,ah,ide anlan censer desi6a bald,p083 addcnd.n,'_ dove p983 addendam 2 item f 2 health and safety plan canto cmr sample hasp.doc.0728.05 yalsiL Environmental Scientists and Engineers, Inc APPENDIX A SITE DESCRIPTIONS MAPS Approximate Location of Coal Tar Contamination and Landfill Material In and Near the City's Aztlan Property Coal Tar Contamination in the Willow Street Area • Coal tar contamination (in both soil and groundwater) is present beneath Willow Street at all locations between approximately 75 feet east of the railroad tracks, and 100 feet west of Pine Street (see maps Figures 5 & 6). • Soil contaminated by coal tar liquid and residues may be encountered in Willow Street at depths as shallow as 6.5 feet. Groundwater contaminated by coal tar compounds may be encountered at depths as shallow as 10-12 feet beneath Willow Street (See maps Figures 5 & 6). Coal Tar Contamination at the Aztlan Property Willow Street to the Poudre River • Soil and groundwater contaminated by coal tar compounds is present at depths sloping from as shallow as approximately 9 feet at the south side of Willow Street, to approximately 13 feet in the vicinity of the northeast corner of the current Aztlan parking lot and the circular playground. • North of a line between the north sides of the current Aztlan and United Way Buildings, coal tar contaminants are not believed to be present above bedrock, which may be encountered at depths greater than 15 feet below the surface. Landfill Material at the Aztlan Property • There is the possibility of encountering trash (including glass, brick, metal, ash, char, and other materials) at shallow depths (less than 2 feet in some locations) at all locations on the Aztlan property from Willow Street to the Poudre River. However, most of the landfill material is present at locations north of a line running from south end of the Aztlan Building, through the northern portion of the United Way Building (See maps Figures 5 & 6). p.`.ifp2005 ifps ,%6 'p983 amrhside avian center design build\p983 addendum 2 docsrO 83 addendum 2 item f2 health and safety plan conn'acim sample hasp doc.07,28 0' I- Z I SW A a w P 0 W n a O NATUN NATaIHN. - 0 0 AS' LATN`. 3 ?i ' � p TANK a 3 2 NDRTiSlDE m PLAYGROUND ��L•�ei D WrLLGw STREET �` r J PARKING LOT AZTLAN CENTfR F /1� r /I\ aNr. 4950 GROUNDWATER FLOW ,-_Y DIRECTION.; 4935 t 6 4920 � C ...._. •. FGB40 WATER TABLE (APPROXIMATE) • ��k POST-PNEY CREEK ALLIMUM (UPPER HOLOCENE) •.•,_• -e�*;5 BROADWAY ALLIIVMM (PLEISTOCENE) MASSIVE GIAUCANIRC SANDSTONE WITH SILT (PIERRE SHALE) LAMINATED SILTY SANDSTONE (PIERRE SHALE) ® LAMINATED, FRACTURED SILTY SANDSTONE (PIERRE SHALE) ® LANDRLL MATERIAL ® NAPL-COAL TAR .rcN HIGHLY WEATHERED FRACTURED SANDSTONE (PIERRE SHALE) O WEATHERED BEDROCK NE A' P u v J CACHE LA POUDRE RIVER a GRAVELY FILL n RIP -RAP h M G I= 3 0 ¢ n w UNJEO WAY J ? � �- BUILDING N T w d w -------------------------------- NOTE:NON-AQUEOUS PHASE LIQUID (NAPQ ALTHOUGH CONTAMINANT VOLATILIZATION IS LIKELY OCCURRING TO SOME DEGREE WHEREVER VOLATILE CONTAMINANTS ARE PRESENT ACROSS THE 51TE, ROSS PASSIVE OFUSSIDN BAG SAMPLER SOME OF THE VARIATIONS IN THE DETECTIONS AND THE LEVELS OF DETECTIONS N SOIL GAS DEPICTED IN FIGURES 15 THROUGH 19 MAY BE EKPLANED BT LOCALIZED SOIL GAS TRANSPORT OR BY ATTENUATION WELL SCREEN INTERVAL MECHANISMS, AS DISCUSSED IN SECTION 4.1 OF THIS REPORT AND ILLUSTRATED ON THIS FIGURE FOR SOIL GAS SAMPLES E12 AND 413. COAL TAR 2, 115"SOS:!;'. f bl'�TI n, sf .ten ( I IF •4x II I A:^, pp l'K;N POUORE RIVER SITE ASSESSMENT LARIMER COUNTY, COLORAUD FrGUGR_ S CONCEPTUAL SITE MODEL DIAGRA3M GEO.CGIC CROSS-SECT,CN A -A !� �m Nza ETI rT: 4967 4952 4937 4922 NW B GROUND x m SURFACE U D N N m �N NORTHSIDE AZTLAN CENTER r LL r Lmlip LANDFILL MATERIAL POST —PINEY CREEK ALLUVIUM (UPPER HOLOCENE) ® FREE PHASE COAL TAR BROADWAY ALLUVIUM (PLEISTOCENE) MASSIVE GLAUCANITIC SANDSTONE (PIERRE SHALE) HIGHLY WEATHERED FRACTURED SANDSTONE (PIERRE SHALE) WEATHERED BEDROCK WATER TABLE (APPROXIMATE) _ COAL TAR WELL SCREEN INTERVAL SE ������PRIVATE RESIDENCE B IDDING � m MACHINE � � I MACHINE SHOP r i m r r SCALE: HORZ. 1" = 7D' (APPROX.) VERT. 1° = 15, �1 5 VERTICAL EXAGGERATION —, ,A &15alsh Environmental Scientists and Engineers, Inc APPENDIX B SITE CONTAMINANTS ASSOCIATED HEALTH CONCERNS Based on a review of the site contaminants, the following hazardous substances that are suspected to be in the soil and water and their associated health concerns are listed in Table 3. Table 6: Health Concerns Associated with Soil and Water Contaminants Contaminant t 1alth Concern Benzene Kown carcinogen. Irritant eyes, skin, nose. Causes giddiness, headache, fatigue, nausea. Target organs: Eyes, skin, respiratory system, blood, CNS, bone marrow. Ethyl -Benzene Irritant- eyes & nose. Causes, fatigue, nausea, headache. Target organs: Eyes, skin, respiratory system, CNS, liver, kidneys Toluene Irritant- eyes, skin, mucous membrane. Causes dizziness, fatigue, confusion, headache. Target organs: Eyes, skin, respiratory system, CNS, liver, kidneys Irritant: e es, nose, Xylene Irritant eyes, skin, nose. Causes headache, dermatitis, coma. Target organs: Eyes, skin, respiratory system, CNS Naphthalene Eye irritant. Causes confusion, headaches, nausea, abdominal pain, vomiting and renal shutdown. Target organs: Eyes, skin, blood, liver, kidneys, CNS. Acenaphthenel Causes dermatitis and Bronchitis. Target organs: Respiratory system, skin, bladder and kidneys. Benzo(a)Pyrenel Causes dermatitis and Bronchitis. Target organs: Respiratory system, skin, bladder and kidneys. Chrysenel Causes dermatitis and Bronchitis. Target organs: Respiratory system, skin, bladder and kidneys. Phenanthrenel Causes dermatitis and Bronchitis. Target organs: Respiratory system, skin, bladder and kidneys. Pyrene Causes dermatitis and Bronchitis. Target organs: Respiratory system, skin, bladder and kidneys. Lead Weakness, lassitude, insomnia; facial pallor, anorexia, low -weight, constipation, abdominal pain, colic; anemia; gingival lead line; tremors, wrist -drop, central nervous system disorders, nephropathy; eye irritation; hypotension. Target Organs: Gastro- intestinal tract, central nervous system, kidneys, blood, gingival tissue Arsenic Lung irritant; Cancer of the lung and skin Listed as Coal Tar Pitch Volatiles These summaries were obtained firom the NIOSH Guide to Chemical Hazards (Oetober,2003), and the ACGIH Guide To Occupational Exposure Values (2004). p:A p:2005 rfps p965'p983 northside astlan center design build:p983 addendum 2 does\p983 addendum 2 item r2 health and safely plan contactor sample hasp.doe0728.05 A► 1als Environmental Scientists and Engineers, Inc APPENDIX C AIR MONITORING Air Sampling Methods The following air sampling methods will be used for the collection of air samples for compliance with the permissible exposure limits. Other analytes may be added for sampling in specific areas if other compounds are suspected in these areas. The air sampling methods listed in Table 6 will be used for the collection of air samples to determine compliance with the OSHA PELs and ALs. Worker PBZ, time -weighted average (TWA) air samples with a low -flow air sampling pump and/or passive diffusion dosimeters (where available) may be collected for BTEX on representative City utility workers for each excavation area. Air samples for the other contaminants listed in Table 6 will be collected as needed based on soil sampling results or other information indicating potential for exposure. A determination will be made for follow up air sampling based on results of soil sampling and if elevated contamination is detected with direct reading instruments. Other analytes may be added for air sampling in specific areas based on results of soil sampling or evidence of elevated contamination based on direct reading instruments. Worker PBZ TWA air sampling for coal tar pitch volatiles will only be required when results of soil sampling for total extractable petroleum hydrocarbons (TEPH) or when EPA Method 8270 for SVOCs determine that elevated levels of poly aromatic hydrocarbons (PAHs) (above 5,000 ppm) are present in the soil. The following calculation is provided as an example of determining potential worker exposure to PAHs based on known soil concentrations and airborne particulate levels. Assuming that the major fraction of PAHs are adsorbed onto the dust, then the dust will be an indicator of the PAH airborne concentrations. The contaminants' concentrations in the air will be derived from the highest concentration of the contaminant in the soil. For example, using a soil concentration of 5,000 ppm for TEPH or total PAHs, then the fraction of TEPH in the airborne dust would be 5,000 divided by 1,000,000 = 0.005. If airborne dust concentrations were at the TLV of 10 mg/m3, then the fraction in the air considered to be PAHs would be 0.005 X 10 mg/m3 = 0.05 mg/m3. This concentration is well below the OSHA PEL of 0.2 mg/m3 for coal tar pitch volatiles. Furthermore, a site action level of I mg/m3 for total particulates has been established using the direct reading Miniram Dust Monitor. This provides an additional safety factor an order of magnitude below the OSHA PEL for coal tar pitch volatiles. In summary, if dust is controlled then the PAH concentrations will be lower than their respective PELs. p:'a'fp2005 ifps p965 p983 northside aMhn cent,, design build'.p983 addendum 2 docs'p983 addendum 2 lean f 2 health and safety plan con rneun sample hasp.doc.07 28,05 A Vahsth Environmental Scientists and Engineers, Inc Table 7: Lab ratory Analytical Methods Anal to Method BTEX NIOSH501 Total kdrocarbons NIOSH501 Naphthalene OSA 35 Coal tar Pitch Volatiles 0SA-58 Respirable Dust NIOSM500 Total Dust NIOSIO500 BTE)Benzene, Toluene, Ethylbenzene and genes Action Levels The action levels re shown in Table 7 and Table 8 will be applied to air sampling results and direct reading instrument results, respectively. Table 8: Air Monito ing Action Levels Air Contaminant Method Air Monitorin Result Action Total Particulates/ Air 0 - 5 m /m No Action - use dust control to minimize releases Sampling (by lab analysis) 5 - 10 mg/ma Workers are required to wear an air purifying respirator (APR) with particulate air filters and protective clothing i.e. t vek coveralls >10 mglm Workers are required to wear a full -face air purifying respirator (APR) with particulate air filters and protective clothing i.e. t vek coveralls Benzene (Lab analysis) 0.25 ppm No action >0.25 ppm Workers are required to wear a full -face APR with organic vapor cartridges and protective clothing (Le. t vek coveralls Toluene (Lab analysis) 25 ppirn No action >25 ppm Workers are required to wear a full -face APR with organic vapor cartridges and protective clothing (i.e. t vek coveralls Ethylbenzene (Lab analysis) 50 ppm No action �60 ppm Workers are required to wear a full -face APR with organic vapor cartridges and protective clothing (i.e. t vek coveralls Vene (Lab analysis) 50 ppm No action �50 ppm Workers are required to wear a full -face APR with organic vapor cartridges and protective clothing (i.e. t vek coveralls Total Vdrocarbons as 25 ppm No action bkane >25 ppm Workers are required to wear a full -face APR with organic vapor cartridges and protective clothing (i.e. t vek coveralls Coal Tar Pitch Volatiles 0.1 m /m3 No action �0.1 mg/m3 Workers are required to wear a full -face APR with combination particulate/organic vapor cartridges and rotective clothin i.e. t vek coveralls Note: Site Action levels are based on one half of the lower of either OSHA PEES of AM If TI.Vs and as per City of Ft. Collins requirements. p.'rf, 2005 f s p965 p983 nunhside aztlan cwter destgn build p983 addendum 2 &n t,983 addendum 2 item Q health and safety plan .m,a for sample hasp dcxA738A5 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: P983 Northside Aztlan Center Design Build 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. Section 00660 Page 1 lWalsh Environmental Scientists and Engineers, Inc Table 9: Action Levels for Direct Reading Equipment Air Contaminant Result Action Total Particulates 0 - 1 mg/m No action - use dust control (Miniram) 1 - 5 mg/m3 Report to bbith and Safety Officer (90). Workers exposed to these concentrations must wear half faced air purifying respirator APR and t vek suits. �6 mg/m 3 Workers must wear full-faced air purifying respirators with particulate filters and tyvek suits CGI (LEL) 0 5 LEL ontinue Monitoring �5 LEL Evacuate area and evaluate engineering controls CGI (02) 20.3 - 21.5 Nc rmal Range, monitor periodically 19.5-20.3 or Monitor continuously, ventilate area and prepare to 21.5 - 22.5 evacuate if oxygen levels do not return to normal 19.5 or 22.5 Evac ate area, evaluate engineering controls, and investigate source of unsafe oxygen levels CGI (CO) 0 25 ppm Continue Monitoring 25 ppm Evacuate area, eval uate engineering controls, report to 90 and investigate source CGI (HZS) 0 5 ppm Continue Monitoring �5 ppm Evacuate area, evaluat a engineering controls, report to 90 and investigate source. Wait for instructions from 90 and City Safety Coordinator and prepare to don respiratory protection with approval from 90. Workers must wear full -face APRs with combination acid gas/organic vapor cartridges and protective clothing i.e. t vek coveralls PID (VOCs) 0 - 5 ppm tb initial PPE (M odified D where the potential exists to come in contact with contaminated soil or water 5 - 10 ppm Test air with benzene detector tubes, report to 90 and investigate source. >10 ppm Evacuate area, implem ent engineering controls, or wait for vapors to dissipate. Report to WALSH 90. Inform Site Superintendent and City representative. If VOC levels remain above 10 ppm, wait for instructions from 90 and Safety Coordinator and prepare to don respiratory protection with approval from 90. Workers must wear full -face APRs with organic vapor cartridges and protective coveralls i.e. t vek coveralls Note: Site Action levels are based on one half of the lower of either OSHA PELs or ACGIH TLVs and as per WALSH recommendations. p 1 Jp2005 rfps, p965,p983 norihs,de avtlan center design bulld•y983 addendum 2 docs`p983 addendun 2 item 1 2 health and safety plan commclor sample hasp. dot,07 28.05 Environmental Scientists and Engineers, Inc APPENDIX D ROUTE TO HOSPITAL Mao and Directions to Hospital 1. Start out going SOMBAST on WILLOW ST toward PINE ST. 0.2 miles 2. Turn RIGIHonto LINDEN ST. 0.1 miles 3. Turn LEFT onto JEFFERSON ST. 0.1 miles 4. JEFFERSON ST becomes RIVERSIDE AVE, 0.9 miles 5. Turn RIGFI onto S LEMAIAVE. 0.1 miles 6. Turn RIGIRonto S PENNOCPL. 0.1 miles 7. End at 1025 Pennock PI, Fort Collins, CO 80524-3257 6t tN 1/inel Dr EIm 3t �a a W. �vay Maple st to Vv D.9ati rGain Ave W Oak st for' ail Vil Laurel 5# W Elizabeth St star" i3��riettl t~it4 ': !C 2004 r"PQuest cant ne , 0 2004 NAV'iEQ E Vine 0uekanghtim St^ ._ 8tactc�gltat€t t x Millberry St qsk W (4 14" t LticuSt SC r E Eiizabetfi e I'4kin St Vm ' Lake St ca Close Up of Hospital Area: iaeT _ 300m 9 a s E Me 04t# ur trt A .^6xi�7t�+ariauad '4�R F Ln.ust itxsi3t L Lt Za:tivth St eo to pA t��aF�ta Sty .. E= aaartrc+td st St �`' R ,h��rtsan $t ,dTiT :. C 2004 Pha[Qu�st coal, &nc 0 2004 NAVTEQ 0 600M 1800tt p-'.rtp^_005 ihpe p96Ap983 mnhside anlan camel design build'p983 addendum 2 does\p983 addendum 2 item f 2 health and sarell plan comactor sample hasp,doe 07_28.05 List of Area Structures 1 - Historical Power Plant Site 2 - CSU Engines and Energy Conversion Lab j 3 - Rapid Lube 4 - The Family Center 5 - Scout 66 Car Wash 6 - A Classic Touch 7- Former Schrader Cil Company Maintenance Facility 8 - Former Schrader Oil Company Bulk Plant �f , 9 -Historical Gas Plant 10- Giddings Machine Shop er µ 11 -Interstate Batteries 12 - Clear Cut Glass i 13 - Education and Life Training Center 14 - EI Burrito - 15-Ranchway 16 - Northern Colorado Feeders Supply ` 17 - Ranchway - 18 - Schrader BuildingEl a 19 - United Way Building 20 - Public Service Company 0 y 21 - Playground i A- Norhside Aztlan Center iE ' G- Former Gas Holders 7` n '. R - Residential 3( ^x } Location Map Legend Cross -Section Transact ' Paved Area Recreation Path Railroad Q Building , Approximate Extent of Observed :....: Fill and Trash Debris Approximate Extent of Former Landfill ---' Site Outline OFortner Location of Poudre Valley Gas Company Schrader Oil or Public Service `----" Company Property N N o zoo roof POUDRE RIVER SITE SITE ASSESSMENT LARIMER COUNTY, COLORADO Figure 2 Site Layout Tetra Tech EMl- START 2 ©, ISr Too N. Sms-msaonls Location Map Legend • Soil Boring Monitoring Well Recreation Path Paved Area Railroad Approximate Boundary of NAPL Impacts in Bedrock (dashed where inferred) r•"� Approximate Boundary of NAPL Impacts Observed �---•'' in Unconsolidated Alluvium (dashed where infemetl) Approximate Boundary of NAPL Impacts Observed in Unconsolidated Alluvium and Bedrock (dashed where inferred) O Building Approximate Extent of Observed Fill and Trash Debris Approximate Extent of Former Landfill Site Outline Former Location of Poudre Valley Gas Company Schrader Oil or Public Service Company Property e 150 3pp Feel POUDRE RIVER SITE SITE ASSESSMENT LARIMER COUNTY, COLORADO Figure 4 SA Drilling Locations with Extent of Coal Tar Impacts Tetra Tech EMI - START 2 L TDD No. SOS-031M16 SW A Q w v W E FORMER 4 NATURAL N N GAS PLANT 70 0 TANK m 3 0 HOLDER 0 WILLOW U J s STREET w PARKING LOT m _/__ NON -AQUEOUS PHASE LIQUID (NAPL) PDBS PASSIVE DIFUSSION BAG SAMPLER WELL SCREEN INTERVAL COAL TAR 0 NORTHSIDE m PLAYGROUND AZTLAN CENTER F m A NE z A' P W J CACHE LA POUDRE RIVER GRAVELY FILL N RIP -RAP 7 O N < r O H 0 UNITED WAY 3 s 3 a w M 3 ro a BUILDING r O N W m m U d W NOTE: ALTHOUGH CONTAMINANT VOLATILIZATION IS LIKELY OCCURRING TO SOME DEGREE WHEREVER VOLATILE CONTAMINANTS ARE PRESENT ACROSS THE SITE, SOME OF THE VARIATIONS IN THE DETECTIONS AND THE LEVELS OF DETECTIONS IN SOIL GAS DEPICTED IN FIGURES 16 THROUGH 19 MAY BE EXPLAINED BY LOCALIZED SOIL GAS TRANSPORT OR BY ATTENUATION MECHANISMS, AS DISCUSSED IN SECTION 4.1 OF THIS REPORT AND ILLUSTRATED ON THIS FIGURE FOR SOIL GAS SAMPLES E12 AND N13. NOT TO SCALE HORIZONTAL VERTICAL 1:5 APPROXIMATE VERTICAL EXAGGERATION NW SE GROUND PRIVATE C 04,� SURFACE RESIDENCE B FORMER ? C•i N I GIDDINGS mm 0 MACHINE 74Of c�� NORTHSIDE m SHOP 4967 AZTLAN CENTER m rn F F- 4922 LEGEND LANDFILL MATERIAL ® POST —PINEY CREEK ALLUVIUM (UPPER HOLOCENE) ® FREE PHASE COAL TAR SCALE: HORZ. 1" = 70' (APPROX.) BROADWAY ALLUVIUM (PLEISTOCENE) VERT. 1" = 15' MASSIVE GLAUCANITIC SANDSTONE (PIERRE SHALE) %1:5 VERTICAL EXAGGERATION HIGHLY WEATHERED FRACTURED SANDSTONE (PIERRE SHALE) POUDRE RIVER SITE LARIMER COUNTY, COLORADO WEATHERED BEDROCK FIGURE 6 y WATER TABLE (APPROXIMATE) CONCEPTUAL SITE MODEL DIAGR COAL TAR GEOLOGIC CROSS-SECTION B-E � Tetra Tech EMI - START 2 WELL SCREEN INTERVAL �# TDD No. S05-0310-016 Addendum 2G Floor Plan-- Existing Northside Aztlan Center PROPOSAL NO. P983 NORTHSIDE AZTLAN CENTER DESIGN/BUILD OVER SIZE DOCUMENT PAGES: ADDENDUM 2 (C) BLUE PRINT SIZE - ADDENDUM 2 (D) BLUE PRINT SIZE - ADDENDUM 2 (G) BLUE PRINT SIZE - ORIGINAL DOCUMENT FOUND IN `PAPER' FILE FILED TO DESTROY IN 2013 2/96 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: STEP II: P983 Northside Aztlan Center -Design Build OPENING DATE: May 20, 2005 3:00 P.M. (Our Clock) To all Step I I Design/Build Team finalists under the specifications and contract documents described above, the following changes are hereby made. Following the Pre -proposal Meeting on April 19, 2005: Definition: The term Contractor and Design/Builder are used synonymously. 1.) Correction to Addendum 2: Under Maps , a complete revised packet of maps relative to site contamination issues, as drawn by Tetra Tech, was distributed to each of the three design/build firm finalists at the pre -proposal meeting. This packet of information, containing 5 maps hand -stamp dated 4/19/05, and titled, Appendix E Site Location; Figure 4 SA Drilling Locations; Figure 5 Geologic Cross Section A -A; Figure 6 Geologic Cross Section B-B; and Figure 2 Site Layout; supercedes all other transmissions regarding this information. 2.) Two hard copy hand-outs entitled Northside Aztlan Community Center Replacement FREQUENTLY ASKED QUESTIONS, April, 2005; and; NORTHSIDE AZTLAN COMMUNITY CENTER GENERAL INFORMATION APRIL 2005, were distributed to the three finalist design/build firms at the pre -proposal meeting. 3.) Please find an electronic copy of Owners revised Conceptual Space Plan -FINAL DRAFT dated April 19, 2005 (referred as Schematic Space plan in the original RFP) including conceptual square footage allocations. This space plan will supercede any previous versions. Please use the conceptual numbers as guidelines only. 4.) An Adobe pdf version of the Conceptual Site Plan, drawn by Aller-Lingle Architects, PC; and the Autocad version of the Topographic Drawing prepared by the Engineering Company dated August 2002,are attached as separate documents with this addendum. 5.) Regarding questions concerning a Contractor health safety plan and or contamination disposal in regard to discovery of underground site contamination as a result of construction activities: The Contractor will prepare a health and safety plan (to cover the interest of his forces) and present this plan to the City for review and approval. Use the provided HASP and Reasonable Steps as a guideline. The City will provide testing and monitoring of any suspect contaminated materials encountered on the site through their consultant, Walsh Environmental Scientists and Engineers, LLC. The Contractor will be responsible for removal and disposal of any contaminated materials. NOTE: Because of the unknown quantity of such 215 North Nhi o i .4frcet « 2°a Flttor m F,0- ilw%x 5 fr • 1� 6rt f'011in0 N0522-0 80 • (910) 221-6775 - 1,,�N f911)) 22 i-t>7fi3' www.Pc�Ov.coin materials, the design/build firm is asked to provide an allowance of $75,000.00 in their proposal for removal and disposal of any such encountered materials. 6.) Responsibility for the purchase of project Equipment clarification: The Contractor will be responsible for furnishing and installation of all equipment that is to be permanently attached. Free standing equipment, including kitchen appliances, will be purchased by the Owner. The Contractor will coordinate layout and design for all equipment to be incorporated in the project and may be responsible for installation of various equipment supplied by Owner. 7.) The Contractor will be responsible for providing an adequate sound system for the project. 8.) The Contractor will be responsible for providing an adequate security system for the project that will include intrusion alarm detection and alarm devices at windows and doors (exterior openings). The Owner may require additional devices to monitor some adjacent exterior spaces. The security system will be designed to dial out to a City approved monitoring agency. The system may be supplied in combination with the required fire alarm system if approved by Owner. The Contractor will be required to supply and install an access control system, and the Primus keying system as delineated in the City of Fort Collins Building Design Standards Manual. The design standards manual is available electronically at: fcgov.com. The design/builder is encouraged to review this document. 9.) Communications: The Contractor will be responsible for design, installation, and materials, (e.g. boxes, conduits, cable trays, and associated rough -in equipment) for the project. The City s Information Technology department will install wiring and terminal connections for telephone and data communications and supply all communication devises. The Contractor will coordinate with the City s IT department for the placement of all communication equipment. 10.) Existing Site Monitoring Wells: Any wells that fall under the building footprint can be abandoned during the construction period. All other wells located around the site shall remain undisturbed and protected as is practical eventually being capped in an approved method by the Contractor. Contractor will not be responsible for monitoring the function of wells at any time. 11.) Permits and Fees: Contractor will be responsible for applying for and paying for construction Plan Check and Permit fees that may be assessed by all (AHJ s) Authorities Having Jurisdiction, including, but not limited to, City of Fort Collins Building and Zoning Department and PFA. The Contractor is responsible for applying for, and the Owner will be responsible for paying for, all Planning and Development fees including PDP review fees, Construction Development Permit fee and tap fees associated with the project. 12.) The Owner will respond to additional guestions until 12.00 PM (noon), April 29, 2005. Any questions received during this time period, as determined by the Owner, to have global effect will be addressed in a future addendum. • . 1 44 1 1I SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (r 2198) /� COLORADO DEPARTMENT OF REVENUE 6 DENVER 241>3b)5, (303) 292-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuantto Statute Section 39-26.114(1)(a)(XIX) Do NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purprse of purchasing axlsbuction and building materials forthe exempt project describecl below. This exemption does not include or apply to the purchase or rental ofequipment, supplies, and materials which are purchased, rented, or consumed by the contractor Land which do net i part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized Loft the exemption certificate will result in revocation of your exemption certificate a rid other penalties provided try law. A - parate certificate is required for each contract. Subcontractors will riot be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor tOlssuecertificates toeach ofthe subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. PinratK rVAcatre W. w be cosigned by Period 8.e9 0170-750 (999) $0.00 c N IER?3lai v, F fade nante/DF•A trier, pa net « con orals name ' Mailing address (City, State,Zip) ConlactPerson E-Mail address: Federal Employer's Identification Number id arrwunt for your conY0 Fax V4.111,1. Rosiness te-IepMne iumbeC to ora owil o nxt lax awount number �NII I+Ie151 it es stnri}rcr+� rfi Nammrz a of axeptorganallon (as shown on con Vacq. Exemplorganizahcn's number 98 - Address oexempt organiialion (City, Stu e, 1p). Principal contact at exempt aganizalion Principal contacts telephone number. Phys-icel location of project sire (give actual address when applicable and o -es and/or Countv (res),rhere. project is located) Sebedoled 14.1h Day Yea, Estimated ".10,Day Yea, constniaon Marl ante: ompletion rlala'. Y, a I deptarre under penalty of peffllry In the second degree that the statements Rlade in Ihls application al'e flue and complete to the best of my knowledge. Signature ofowner, partneror corporate offioer . eofourri offic.pr Dale. DO NOT WRITE BELOW THIS LINE Section 00670 Page 1 Conceptual Space Plan -FINAL DRAFT Please use the conceptual numbers as guidelines only. Northside Aztlan Community Center April 19, 2005 SPACES Gymnasium Gymnasium equipment storage Multi -purpose room for wrestling, boxing, etc. Locker rooms Multi -purpose room for social activities Kitchen Kitchen storage room Lobby and reception 4 Classrooms Cardio/weights/workout area Dance, aerobics, yoga area Computer lab SO FEET NOTES 18,000 Wood floor 3 full, 6 cross courts; adjustable backboards in 2 gyms; divider curtains; spectator seating 1,200 2,200 Reuse portion of current gym floor; storage for mats, bags 2,200 With 2-3 family change rooms 4,200 2-3 sections with dividers, with performance stage; table/chair storage; dance floor area; coat storage 800 With serving window; dish washer; food preparation space; room to seat a class of 12; exterior service entrance; adjacent to meal site space 100 1,700 2-3 registration stations; vending 1,800 1 w/ sink, wall cabinets; 1 w/attached tot bathroom and storage closet 2,400 1,100 Suspended floor; storage; mirrors 600 Table space for studying; 1-2 computer carels Office space 2,200 5 staff w/ work room, storage; staff lounge with sink, stove; conference room to seat 8-10 Public restrooms 400 Intergenerational social area 1,200 Room for 3 pool tables; TV lounge and card tables Indoor jog/walk track 2,300 Upper & lower level custodial 200 Room for equipment/supply storage closets Circulation Incl. stairs/elevator Outdoor spaces: Patio area close to intergenerational area Replace skate park pad with concrete (above -ground equipment provided by City) Playground replacement (equipment coordinated with and provided by City) Parking — minimum 175 spaces; minimum 15 designated for persons with disabilities Outdoor basketball court replacement; reuse light fixtures Trail linkages Space for 2-4 outdoor handball courts — private group to raise at least ''/z of construction cost; design for future lights RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: STEP II: P983 Northside Aztlan Center -Design Build OPENING DATE: May 20, 2005 3:00 P.M. (Our Clock) To all Step II Design/Build Team finalists under the specifications and contract documents described above, the following changes are hereby made. Questions and Answers: QUESTION 1. Please confirm that the scope of work relative to the playground relocation should just be the allocation of an appropriately sized area on our site plan (It is our understanding that the City will relocate equipment and build curbs, sand pit, etc., related to the playground). ANSWER This assumption is correct. QUESTION 2. Please confirm that there will be no program space required for child care. ANSWER There will be no programmed space 'specifically" required for child care. We will make sure there are bathrooms adjacent to a class room in case we occasionally designate this class room for child care use. QUESTION 3. Please confirm whether or not the exterior handball courts will be provided under this project. The program indicates "space for" as well as a note that 1 /2 of the cost will be externally funded. ANSWER The handball/racquetball courts will be designed and built by the Contractor under the construction agreement for the new facility, Funding may come from more than one source. QUESTION 4. Please confirm the number of carels required in the Computer Lab. The program note indicates 1-2, should this read "12"? ANSWER Carels is a misspelling, it should be carrels. The number of carrels anticipated is one (1) to two (2). ' I S �a'nrftt A1:ason state& Hoor • P,0, uox -" 380 . t-'"N t ;,trot ( 0 R0,i22-0S80 + (9} Oi 221-i,771 » Vna 04 0i 221n"V w +w.fceov.cotn n. . ".1A 11, QUESTION 5. Will there be any cooking done in the kitchen, i.e., will there be an oven and range provided? ANSWER Cooking will happen. The appliances will be provided by the City, to be installed by the Contractor. We will not design this as a commercial kitchen. Appliances will be typical residential units. QUESTION 6. Would it be appropriate to assume that the Allowance for hazmat of $75,000 (referenced in Addendum #3) will cover all site specific procedures and associated costs, e.g. protocols identified in the Walsh report including: Tyvek suits, respirators, washing down of equipment before it leaves the site, storage of material on tarps, etc.? ANSWER Let's not assume that the allowance number provided will cover all the costs. However, we anticipate that the $75,000.00 allowance will be used in your proposal for budgeting purposes for these costs. We recommend that (all) proposers use this number as an allowance for these costs so that the proposals will be equal in this respect. The City does not have an estimate for this scope of work. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. ...4 EXHIBIT 1 Conceptual Site Plan, dated 12/19/02. i COI.LE.GE AVI;NL'L �' X i ! r / J IE m z \ Cng8�= NORTHSIDE AZTLAN COMMUNITY CENTER p s ® li � CITY OF FORT COLLINS = ®=E " FORT COLLINS, COLORADO Rc— Pag. 38 of85 a SECTION 3 DESIGN/BUILDER City of Fort Collins NORTHSIDE AZTLAN CENTER II&PinkardConstruction DESIGN/BUILD May 20, 2005 vmtjZ ,, SINKCOMBSDETHLEFS �'ORj ALLER • LINGLE ARCHITECTS P.C. (�L ity of Mort (o►Ims Design-Bttiltl Proposal Cit1, of Fort Collins Northside Az dan Center —Design-Build May 20, 2005 May 20, 2005 City of Fort Collins Purchasing Division 215 North Mason Avenue Fort Collins, CO 80521 Re: Design -Build Proposal P983 Northside Aztlan Center Dear Members of the Selection Committee: The design -build team of Pinkard Construction, Sink Combs Dethlefs and Aller•Lingle Architects is very excited about the opportunity to work with the City of Fort Collins to provide you with the best recreational facility that your budget will allow. Our hand-picked, proven team will seek to exceed your expectations in every way. Sink Comb Dethlefs Sink Comb Dethlefs has been designing recreation centers for the Colorado Front Range for 43 years. Their understanding of what makes a great recreation center will make a critical difference in the function and aesthetics of your new Northside Aztlan Recreation Center. Adler -Lingle Architects Aller•Lingle will provide a critical knowledge of the City of Fort Collins' Building Design Standards, the current Land Use Code and City Plan of the City of Fort Collins, as well as an understanding of appropriate design solutions that will respond to your goals for Old Town Fort Collins as well as the facility's users. Pinkud Construction Company Pinkard Construction Company will lead this team, providing significant local design -build experience and knowledge of the subcontractors you will depend upon to meet your project's critical scheduling requirements. Pinkard has completed more public and private health clubs and recreation centers than anyone in the Colorado market. The Team Pinkard has collaborated with both Sink Combs Dethlefs and Aller•Lingle on multiple projects, including a national award -winning recreation center. All team members have LEED project experience. This team experience will guarantee predictable success which includes our team meeting all of your goals and expectations. ., W City of Fort Collins Purchasing Division May 20, 2005 Page Two The Proposal Our team has embraced the challenge that this difficult site, detailed program, Silver LEED Certification, and limited budget necessitates. We have worked to provide an appropriate balance among the critical budget, the need to provide you with the best, long-term value, and what we understand about your vision. During our design effort, however, we were missing a key ingredient —a focused collaboration with the Owners, staff and users that would give us the kind of understanding necessary to bring the design and priorities into focus and eventually exceed your expectations for this project. In spite of this missing ingredient, we are extremely pleased about what we have been able to accomplish. We are anxious to show you what we think is just the beginning of an outstanding design and quality construction plan. Your Northside Aztlan Center will be a source of pride for the community who will use it. We look forward to moving forward to discussing our plans with you, and taking that input to find creative solutions to this intricate puzzle. We are steadfastly committed to taking our collective recreation center and Fort Collins experience and blending it with your priorities towards an award winning, state-of-the-art facility which the City of Fort Collins and our team can be proud of for many years to come. Sincerely, Michael A. Warns Manager of Construction Services Pinkard Construction Company 303.986.4555 �'u�!"rrr-rG"i��� Christopher Kastelic, AIA Principal Sink Combs Dethlefs 303.308.0200 David Lingle, AIA Principal Aller•Lingle Architects 970.223.1820 We do hereby acknowledge the receipt of Addenda Nos. 1 - 4 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure The Department will no longer issue individual Certificates of exem ption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. Section 00670 Page 2 DESIGN NARRATIVE___.__ _______Tab One LEED NARRATIVE Tab Two DESIGN DRAWINGS Tab Three RENDERINGS COLORED SITE PLAN ELEVATIONS FLOOR PLANS HVAC ZONING DIAGRAMS CLARIFICATIONS AND ASSUMPTIONS Tab Four ESTIMATE (SYSTEMS)___ ____ ___Tab Five ESTIMATE (CSI) COST ANALYSIS REPORT _ _ _ _ _ _ Tab Six LOGISTICS PLAN Tab Seven PROJECT SCHEDULE______ .______. TobEght FIXTURES, FURNISHINGS, & EQUIPMENT _Tab Nine A`nkardConstruction „�7S City of Fort Collins Design -Build Proposal City of'Fort Collins Northside As tlan Center —Design-Build Mav 20, 2005 r Design -Build Proposal City of Fort Collins Northside Azdan Center Design -Build May 20, 2005 BUILDING DESIGN The design of the new Northside Aztlan Community Center strives to balance the programmatic requirements of the program, the functional requirements of a state-of-the-art recreation center, the organizational and operational needs of the community visitors, all the while honoring the needs of the loyal users of this long-standing neighborhood center. Bringing together these various aspects of the project into a well - orchestrated design begins with function of the plan. The bright, open lobby first welcomes users to the building and clearly defines the location of various activities. The two-story space allows the fitness center activities to be viewed from below creating an active and dynamic environment from the first impression. Most of the lower level circulation is focused in this "great hall" rather than back corridors creating a more social environment while reducing overall non -programmed circulation space. The building is generally organized into those activities that will require membership or paid access and those that will likely be used for other community functions that may not need to pass a central point of control. The lower level of the building serves these public and community functions for a variety of reasons. The need for adjacent outdoor space, the large numbers of users that may be expected for certain events, and allowing users to participate in classes and open social uses unhindered by check -in procedures, all contributed to this organizational option. The location of the Community Rooms on the East portion of the building places these events near parking and the front entry as well as buffered from the rail line to the West. Other "community" activity spaces are organized around the central lobby including Craft Classrooms, the Intergenerational Social Area and the Computer Lab. Staff is centrally located to have good visibility of these activities for passive security. For those users taking part in the recreational activities offer by the Center, most will need to check in at the front desk before heading to these areas. The locker rooms and gymnasium are located on the ground level for convenient use, while the balance of the activity spaces are on the upper level. The Fitness center is located toward the West end to take advantage of the long-range views as well as the activity being highly visible from Willow Street. There is ample queuing area at the top of the stairs for waiting fitness classes and stretching before a workout, Staff offices are also centrally present upstairs to view these activities and continue a policy of passive monitoring of the building. Overall, the organization of the building results in a clear, practical functioning facility that not only supports the programs anticipated, but also minimizes wasted space and allows for better operation of a complex building. The exterior design of our proposed design concept has been influenced by both the historic structures of Old Town Fort Collins and the industrial nature of the uses to the east of the site. The western "block" of the building is a modem interpretation of the historic 2-story commercial blocks found throughout downtown, using predominantly brick masonry with decorative concrete block and precast concrete details and punched window openings. The design of the lobby area reflects a more contemporary use of the forms, materials and details of nearby historic industrial structures, including predominantly steel and galvanized corrugated metal, with large expanses of glass. The sloped metal roof and ridge clerestory elements are also indicative of local industrial development. The overall design concept is in compliance with the goals of "City Plan" and the design standards contained in the City's Land Use Code. The building's siting responds to the City's "build -to" standards, while the architectural design provides the neighborhood compatibility and palette of materials required in the code. The portions of the building that front Willow Street and the public entry plazas are more highly articulated and are richer in materials and detailing, while the more utilitarian areas are simpler in massing and detailing. The scale of the large walls of the gymnasium is broken down with score lines, textures and colors, using windows for visual relief and to allow views of the surrounding park and river from the running track. By creating a building that embraces its context and draws influence from the strong heritage of Fort Collins, we believe the new Northside Aztlan Community Center will continue its long history as a neighborhood center, while beginning a new legacy as one of the City's valued landmarks. PROGRAM VERIFICATION & AREA COMPARISON A 11 PROGRAM VERIFICATION AND AREA COMPARISON The design criteria for the Proposed Aztlan Community Recreation Center is based on the Program Plan provided in the latest addendum to the Request for Proposals. The Pinkard, Sink Combs Dethlefs, Aller- Lingle team has refined the content of this program into greater detail for the purposes of the resulting design. Through our experience with comparable buildings, the functional requirements of various spaces, and our understanding of the programs accommodated, we have developed the following draft of the detailed program for the building. The current conceptual plan represents a 49,800 gross square foot facility. Recreation Center Program Base Support Spaces Lobby Spaces Program (NSF) Proposed Design (NSF) Entry Hall/Lobby/Vestibule 1,200 598 Casual Activities Lounge 482 Reception/Access Control 230 Vending Area 101 Total Lobby Spaces 1,200 1411 Locker Rooms Comments Locker Rooms - Men Locker Rooms - Women Family Changing Rooms (2) 1,000 1,000 200 965 965 256 Approx. 30 full size lockers, & 60 half size Approx. 30 full size lockers, & 60 half size Total Locker Rooms 2,200 2186 Staff Areas Private Offices (5 @ 120) 600 526 5 Offices @ 120 sf Open Work Area for 2 People 160 146 Work/Copy Room/Storage 120 278 Staff Meeting Room 250 190 Receiving/Maintenance/Storage 500 390 Non -Assigned Staff Area 420 0 Staff Break Room 150 178 Total Staff Areas 2,200 1708 City of Fort Collins Northside Aztlan Center Page I Activity Spaces Fitness Center Strength Training 890 (6 stations) Circuit Training 980 (12stations) Cardiovascular Training 1 150 (18 stations) Stretching 114 Supervisor 0 Total Fitness Center 2,400 3134 Gymnasium Gymnasium 18,000 18462 (3) 50' x 84' courts Running Track 2,300 3956 1/101h mile x 2 lanes Gymnasium Storage 1,200 1040 Total Gymnasium 21,500 23458 Multi -purpose / Community Rooms Multipurpose Rooms (3) 4,000 3,700 Catering Kitchen 800 836 Kitchen plus storage area Storage 200 260 Total Multi -purpose 5,000 49796 Classrooms 4 Classrooms, wet crafts and dry crafts, part-time child Classrooms (4) 1,800 1835 care Computer Lab 600 510 2 carrels Storage 52 Restroom (children's) 55 Total Classrooms 2,400 2452 Intergenerational Social Area 400 3l8 4 Classrooms, wet crafts and Lounge Area dry crafts Game Area 800 892 Room for 3 pool tables Total Intergenerational Social Area 1,200 1210 City of Fort Collins Northside Aztlan Center Page 2 Aerobics/Dance/Tumbling Room Aerobics/Dance Studio 1,050 20persons Aerobics Room Storage 188 Mech./Walls/Strucf ., etc. Total Aerobics/Dance/Tumbling 1,100 19238 Wresding/Boxing Studio Activity Room 2,000 1961 Storage 200 110 Total Multi -Use Activity 2,200 2071 Subtotal Net Areas 41,400 43,664 *Overall Circulation, Mech, Walls, Etc. 8,600 6,136 Total Building Construction 50,000 49,800 Gross Area (sf) City of Fort Collins Northside Aztlan Center Page 3 PROJECT DESIGN INARRATIVE This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. City of Fort Collins changes to this document are shown by underlining text that has been added and striking through text that has been deleted. STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by National Society of American Society A.0 E, Pro%ssianal tE►rgineers of Civil Engineers _::: • ���� , ,_ .:. Pralessianat Engineers in Private Pracficg PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL_ SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS EJCDC D-700 standard General Conditions of the Contract Between Owner and Design/Builder Copyright IX02002 National Society of Professional Engineers for EJCDC. All rights reserved. .. . A SITE DESIGN Visitors to the community center will immediately have a sense for Old Towns' proximity through the use of materials and scale. Seating and concrete paver inlays at select pedestrian pavement locations add an urban plaza feel to the building's "Front Porch." This area will serve to provide a sense of place, comfortable gathering outdoor spaces and direct visitors to the entry from both the street and the parking. ADAAG compliant parking is closest to the building and located to minimize auto traffic past these spaces. All parking is designed to minimize the movement of pedestrian between parked cars, and to consolidate points of crossing of vehicular lanes. Drop off and transit stops are conveniently located. Bicycle racks are easily accommodated along the east side of the building. All requirements for the site program have been accommodated in the design. Basketball, skateboarding, handball and the playground have been dispersed to provide convenient access, minimize parking competition in any one location, and provide for public surveillance of all of these spaces. The only sacrifice made was a slight reduction in the size of the soccer field from present conditions. The plant palette and the irrigation system will be designed to minimize water requirements. Blue grass turf will only be used in high traffic areas. Native plant materials will be highlighted for their ornamental characteristics, low water demand, and educational opportunity. Shade trees will be placed to minimize urban heat gain and human comfort. City of Fort Collins Northside Aztlan Center Page 4 CIVIL DESIGN The roadway design of Willow Street is proposed to integrate with the concept being proposed by the Willow Lofts southeast of the Azatlan Center. This includes an attractive, pedestrian friendly streetscape that leads to inviting patios and internal walkways. The street will be designed to conform to the Larimer County Urban Area Street Standards, which is the governing document for the public improvements for this site. A single access point is proposed from Willow Street which will direct traffic to the drop off area near the front entry or into the parking lot. This proposed parking lot will tie to the existing parking lot for the United Way building and will provide the secondary point of access to Pine Street. The access on Willow Street has been located near the east property line to maintain the greatest distance to the railroad crossing and provide a safe entry point into the site. The site grading has been designed to direct all runoff from the site and the building to the east via surface flow. Because of the proximity of the site to the Poudre River, no on site detention is proposed. No storm piping is proposed on this site due to the existing landfill cap and the desire to maintain the integrity of this cap to the greatest extent possible. The runoff will enter the proposed water quality pond located near the north side of the existing United Way building. The water quality pond will provide the opportunity for particulates to settle out of the runoff before the water enters the adjacent Poudre River. It is proposed to utilize the existing storm pipe under the Poudre trail to minimize the disturbance near the river and in the river corridor. Water and sewer service will be extended from the existing mains in Willow Street on the southwest boundary of the site. It is proposed to install temporary services to the existing building that will also be used to serve the proposed building. The services proposed include a 6" sewer service, a 2" water service and a 6" fire line. A fire hydrant will also be installed at the northwest corner of the proposed building to facilitate fire protection. City of Fort Collins Northside Aztlan Center Page 5 .n ♦.fAA i.x STRUCTURAL SYSTEMS NARRATIVE Governing Building Code Uniform Building Code, 1997 Structural Loads Used in Design I . Basic Wind Speed: 100 mph (fastest mile) 2. Building Exposure For Wind Design: C 3. Main Level, Public Space Live Load: 100 psf 4. Main Level, MEP Room Live Load: 150 psf 5. Upper Level, Public Space Live Load: 100 psf 6. Roof Live Load: 30 psf (consider drifting) General Project Description 50,000 square foot Community/Recreation Center on two levels including a gymnasium, locker rooms, administration areas, multi -purpose rooms, fitness areas, kitchen, classrooms, community rooms and an elevated running track. The gym will be structured as a site cast concrete building and the balance of the building will be conventional steel beam and column framing with a masonry exterior. City of Fort Collins Northside Aztlan Center Page 6 - ""A 111. STRUCTURAL FOUNDATIONS Performance Statement The foundation system will be designed in such a manner to adequately support the building superstructure and minimize damaging building movement and differential settlement. Foundations supporting the structure will be designed to account for site -specific soil conditions and will follow recommendations set forth in the final Geotechnical Report as prepared by the Owner's geotechnical engineer. System Selection We anticipate the structure to be supported by straight shaft drilled piers founded in bedrock and will follow the final recommendations set forth in the site specific geotechnical report prepared by the Owner's geotechnical engineer. 2. All of the main level slab will be a structurally reinforced concrete slab on either void form material or over a crawlspace. The slab will be supported on either drilled piers or helical piers and pier caps. 3. Exterior perimeter walls and interior bearing walls will be founded on continuous grade beams on void form material spanning between drilled piers spaced about 20' to 25' on center. 4. Interior building columns will be founded on isolated drilled piers with or without pier caps Materials Drilled pier concrete: 3500 psi, 28 day strength Grade beams: 4000 psi, 28 day strength Reinforcing steel: 60 ksi City of Fort Collins Northside Aztlan Center Page 7 MAIN FLOOR FRAMING SYSTEM Performance Statement The main floor level will be designed to support all code -required live loads as well as material self - weight and superimposed loading. The system selected will be designed to meet a minimum frequency established by the Design/Build team prior to design in vibration sensitive areas. System Selection The structured floor slab will be a two-way cast -in -place concrete flat plate over void form or a crawlspace. 1. The typical floor slab will be supported on 18" diameter drilled piers spaced 16' on center each way and reinforced with #5 @ 16" each way on center bottom and #5 @ 8" each way on center top over the supports. Alternatively, helical anchors (with or without a pier cap) may be used in lieu of the drilled piers. 2. Mechanical unit equipment pads of 4" thick concrete pad on top of the structural slab. Materials and Systems Concrete flat slab: 5000 psi, 28 day strength City of Fort Collins Northside Aztlan Center Page 8 UPPER LEVEL FRAMING SYSTEMS Performance Statement The floor will be designed to support all code -required live loads as well as material self -weight and superimposed loading from suspended equipment, ceiling, lights, mechanical equipment and acoustical treatments. Special consideration will be required in areas sensitive to vibration. A minimum frequency will be established by the team prior to design. System Selection 1. The primary floor framing system will be 4" normal weight concrete on 2" composite steel deck (alternatively, 4-1/2" normal weight concrete thickness if a 2 hour floor rating is required). 2. Typical steel framing will be steel beams spaced 10' on center supporting the metal deck and floor slab. 3. Assume 3/a" diameter x 0'-5" long headed shear studs welded through the decking and spaced 12" on center along all beams and girders to integrate the slab and beams. 4. Slab on steel deck will be reinforced with 6x6 W2.9 x W2.9 welded wire fabric, centered in the slab. 5. Add 0.5 psf miscellaneous rebar in the slab for trim and crack -control reinforcing Materials and Systems Steel Decking: 2" deep x 18 gauge, composite Steel Beams: 50 ksi Slab on steel deck: 3500 psi, 28 day strength City of Fort Collins Northside Azdan Center Page 9 ROOF FRAMING SYSTEM Performance Statement Roof framing will be designed to support all Code -required live loads such as snow load, etc. including the effects of drifting snow on adjacent structures with differing roof elevations and/or obstructions. Additionally, the roof structure will be designed to support all building material self -weight loading and superimposed loading from the suspended running track, ceilings, lights, mechanical systems, and acoustical treatments. System Selection 1. Typical roof framing of the Gym will consist of Long -span steel joists supporting 3" deep steel deck. 2. Typical roof outside of the Gym will be 3" deep steel roof deck spanning between steel joists or beams spaced about 8' to 10' on center. 3. The Gym roof framing will be designed to support the loads from the suspended running track. Materials and Systems Steel roof deck: Steel Beams: Steel Joists: 3" deep x 18 gauge roof deck 50 ksi Designed and fabricated under SJI requirements City of Fort Collins Northside Aztlan Center Page 10 WALL SYSTEMS System Selection 1. The exterior walls in the Community Center outside of the Gym can be supported on the steel frame as brick veneer with metal stud backing or masonry. 2. The gymnasium will be constructed with steel framed structure and infilled with steel stud framing for walls. The walls will be designed to accommodate steel cross -bracing for lateral resistance. Materials and Systems Steel Studs: 16 gauge x 33 ksi Concrete Walls:4000 or 5000 psi, 28 day strength Masonry Walls: 1800 psi, 28 day strength Beam/Columns:50 ksi BUILDING LATERAL SYSTEMS System Selection Code required lateral loads from wind and/or seismic loading will be resisted by a combination of shear walls, steel braced frames and pre-engineered steel moment frames. Floor and roof diaphragms will distribute the lateral loads to the resisting shear walls and steel frames. City of Fort Collins Northside Aztlan Center Page I I MECHANICAL, PLUMBING AND FIRE PROTECTION SYSTEMS DESIGN NARRATIVE I. Design Criteria A. Temperatures: l . Summer Outdoor: 95°F db, 61 °F wb 2. Summer Indoor: a. Aerobics/Group Exercise: 720F b. Remainder of Building: 750F 3. Winter Outdoor: -10°F 4. Winter Indoor: 70OF B. Humidity: 1. Aerobics and Group Exercise: Specific dehumidification steps will be taken to assure a maximum of 60% RH. 2. In the remainder of the building, humidity is not specifically controlled other than dehumidification that occurs with the cooling process. Spaces will likely fluctuate between 20% to 60% RH. C. Outside Air Ventilation: (Rooftop Units shall be provided with CO2 based demand controlled ventilation.) 1. Food and Beverage: 20 CFM/person 2. Administration: 20 CFM/person 3. Fitness: 20 CFM/person 4. Gymnasium: 20 CFM/person 5. Group Exercise: 20 CFM/person 6. Aerobics/Spinning: 25 CFM/person 7. Locker Rooms: 0.50 CFM/sf 8. Remaining Areas: 15 CFM/person D. Lighting/Power: 1. Lighting — 1.5 watts/sf 2. Power — 0.5 watts/sf City of Fort Collins Northside Aztlan Center Page 12 E. Occupancy: 1. Entry/Reception/Lobby: 2. Administration: 3. Intergenerational Social 4. Food & Beverage: 5. Classrooms: 6. Locker Rooms: 7. Multipurpose Rooms: 8. Fitness: 9. Aerobics: 10. Conference: 11. Gymnasium: F. Occupant Heat Gain: 1. Entry/Reception/Lobby: 2. Administration: 3. Classroom: 4. Multipurpose: 5. Fitness: 6. Locker Rooms: 7. Aerobics: 8. Remaining Areas: G. Building Components: I . Walls: U = .05 2. Roof: U = .03 3. Glass: a• Uwinter = •30 b. Usu�r = .35 c. S.C. _ .40 100 sf/person 100 sf/person 75 sf/person 50 sf/person 50 sf/person 50 sf/person 50 sf/person 50 sf/person 30 sf/person 30 sf/person 30 sf/person Sedentary Work 550 BTUH/person Office Work 450 BTUH/person Office Work 450 BTUH/person Sedentary Work 550 BTUH/person Medium Work 750 BTUH/person Medium Work 750 BTUH/person Heavy Work 1450 BTUH/person Sedentary Work 550 BTUH/person City of Fort Collins Northside Aztlan Center Page 13 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright (02002 National Society of Professional Engineers for EJCDC. All rights reserved. Il. Mechanical System Narrative A. Heating/Cooling/Air Distribution 1. Source: a. Packaged DX cooling rooftop unit with gas fired heating (constant volume, single zone), supply and exhaust fans, economizer controls, CO2 based demand controlled ventilation, will provide heating, cooling and air distribution. Tonnages are approximate. i. RTU-1 a) Areas served: Gymnasium and Running Track b) 30 tons c) 600 MBH (heating) ii. RTU-2 a) Areas served: Gymnasium and Running Track b) 30 tons c) 600 MBH (heating) iii. RTU-4 a) Areas served: Cardio / Weights b) 15 tons c) 240 MBH (heating) iv. RTU-5 a) Areas served: Wrestle / Boxing b) 15 tons c) 240 MBH (heating) V. RTU-6 a) Areas served: Aerobics / Dance b) 5 tons c) 70 MBH (heating) City of Fort Collins Northside Aztlan Center Page 14 M . n Ar 11 . b. Packaged DX cooling rooftop unit with modulating gas fired heating (variable volume), supply and exhaust fans, variable frequency drive, hot gas bypass, economizer controls, CO2 based demand controlled ventilation, will provide heating, cooling and air distribution with VAV terminals (with and without heating coils) providing heat and zone control. Tonnages are approximate. i. RTU-3: a) Areas served: Remainder of the building b) 50 tons c) 850 MBH (heating) d) This unit is provided as the most cost-effective solution to the buildings heating and cooling requirements. (2) Units providing interior and perimeter systems may be provided at additional cost if compliance with the City of Fort Collins Design Standards is imperative. c. Split system DX cooling unit with fan coil unit and remote condensing unit suitable for — 20°F ambient temperature operation shall provide supplemental cooling and air distribution to the computer lab. i. SSU-1 a) Areas Served: Computer Lab b) 3 tons Acceptable manufacturers shall be Carrier, Trane, and York. Units must be able to interface with the DDC controls manufacturer. d. Miscellaneous Heating: i. Provide (5) cabinet unit heaters. ii. Provide (2) unit heaters. e. General: Starters shall be provided by the Mechanical Contractor. ii. Provide fire/smoke dampers at all rated penetrations per local code requirements. 2. Ductwork: a. Materials: Galvanized sheetmetal ductwork shall be used throughout, except as noted. All exposed ducts in the Gymnasium shall be fabric ductwork. Grease duct serving the range hood shall be 16 ga. welded and enclosed in a rated enclosure per local code requirements. The ductwork serving the dishwasher hood shall be stainless steel. b. Insulation: All supply ductwork shall have 1" duct liner. Round ductwork downstream of VAV boxes shall be wrapped with 1" insulation. c. Sizing: i. All low velocity supply, return and exhaust ducts shall be sized at 0.08"/100' ii. Medium pressure ductwork upstream of VAV boxes shall be sized at 0.20"/100' with a maximum of 2,500 fpm. City of Fort Collins Northside Aztlan Center Page 15 3. Air Terminal: a. Provide (4) cooling only VAV boxes. b. Provide (20) VAV boxes with heating coils. 4. Exhaust: a. The wet areas of the locker rooms shall be continuously exhausted during occupied modes through (1) roof mounted exhaust fan sized at 15 AC/hr. b. The central toilet rooms at the First Level shall be continuously exhausted during occupied modes through a roof mounted exhaust fan sized at 15 AC/HR. c. A roof mounted exhaust fan will exhaust the Family Changing rooms. d. A roof mounted exhaust fan will exhaust the Toilet Rooms and Janitor Closet at the Second Level. e. The electrical room shall be exhausted. f. The elevator machine room shall have a separate exhaust fan. g. The Kitchen shall have a general exhaust fan. h. Provide a Type-B direct vent system for the domestic water heaters. i. Provide relief hood with a motorized damper on the elevator shaft. 5. Temperature Controls: a. General: A direct digital control (DDC) system shall provide the basis of the temperature control system. The system will be computer based and will allow for the mechanical systems to be controlled and monitored from a remote location or from within the building itself. Provide a full graphics package. The BAS shall be Johnson Controls Metasys. All mechanical equipment shall interface with and be controlled through the BAS system with the following exceptions: i. Cabinet Unit Heaters. ii. Unit Heaters. iii. Ceiling Exhaust fans. iv. Sewage Ejector/Sump Pumps. (These pumps shall be monitored for alarm status only.) City of Fort Collins Northside Aztlan Center Page 16 B. Plumbing: I. Domestic Water: a. Site Utilities: i. A 2" water meter and service to ±5'-0" outside of building with an upsized line to the building will be provided for this facility. Continuation will be by the civil engineer. b. Piping: i. The domestic cold water, hot water and hot water recirculation and condensate piping above ground in the building shall be Type "L" hard copper with no -lead solder and fittings. ii. The cold water service entry shall have a reduced pressure backflow preventer. c. Water Heater: Provide natural gas fired water heater boiler type (991,000 MBH) with (2) separate 200 gallon storage tanks to deliver 120°F hot water to all public plumbing fixtures by means of a thermostatic mixing valve (approved manufacturers: Powers, Leonard, Symmons and Lawler). 140°F hot water will be delivered to the kitchen. The water heater will be sized to provide 20 minutes minimum of HW to all showers. Approved manufacturer shall be Teledyne Laars, A.O. Smith, and Lochinvar. Provide alternate pricing for a 97% water heater boiler for Leeds points. d. Domestic Water Recirculation Pump: i. The domestic hot water will be circulated to provide instantaneous hot water at all fixtures and will operate continuously in the occupied mode. Provide hot water circulation systems for both 120°F and 140°F temperature systems. e. Domestic Water Booster System: i. The domestic water booster system will consist of multiple pumps, valves, alternating controls, and a hydro accumulator. The system will be factory piped as a complete package. ii. The system will only be required if the incoming water pressure is less than 70 psi. 2. Waste and Vent Piping: a. Utilities: i. A 6" building drain will be provided to ±5'-0" outside of the building. Continuation will be by the civil engineer. b. Piping: i. Construct below ground waste piping of service weight cast iron hub and spigot with elastometric joints within ±10'-0" of the building. ii. Waste and vent piping above grade in building shall be service weight cast iron with no -hub fittings. iii. Provide deduct alternate for PVC piping below grade in building as long as PVC is approved by local codes. City of Fort Collins Northside Aztlan Center Page 17 3. Storm Piping: a. Roof drains and overflow roof drain systems shall run totally independent of each other and the roof drainage system will terminate above grade. The overflow roof drainage system will discharge above grade with a downspout nozzle to a splash block. Material shall be the same as the waste and vent system. 4. Gas Piping: a. Natural gas piping shall be Schedule 40 black steel. Piping sizes 2" and smaller shall be screwed joints. Piping sizes 2-1/2" and larger shall have welded joints. Gas piping will be routed to the rooftop units and water heaters. 5. Plumbing Fixtures: a. Water Closets: Wall hung, vitreous china, syphon jet type and operated with a battery operated electronic flush valve. b. Urinals: Vitreous china, syphon jet type and operated with a battery operated electronic flush valve. Provide alternate for a waterless urinal to obtain points for a green building. c. Lavatories: Vitreous china, self -rimming counter -top with battery operated electronic faucet. d. Mop Service Basins: Floor type, molded stone, 24"x24"x] 0" size. e. Electric Water Cooler: Stainless steel, ADA compliance with R134A refrigerant. f. Shower: Provide Sloan PWT electronic operated shower valve system for all non-ADA shower. Included in this system will be a master mixing valve located in an accessible location for servicing. Provide pressure balancing shower valve for all ADA showers. All handicap showers will have a handheld shower and fixed showerhead. Approved manufacturers: Powers, Bradley, Symmons and Leonard. 6. Insulation: a. Domestic cold water will have 1" of fiberglass insulation. b. Domestic hot and hot water recirculation will have 1" of fiberglass insulation for up to 1" piping, 1-1/2" fiberglass for piping above 1". c. Roof drain and overflow roof drainage will be t/2" fiberglass insulation for up to 6" piping, 1" fiberglass for 6" and larger. Provide insulation on all horizontal piping including drain bodies. Indoor condensate piping from air conditioning units and similar equipment shall have t/z" of fiberglass insulation. City of Fort Collins Northside Aztlan Center Page 18 7. Miscellaneous Plumbing: a. Provide exposed, chrome hose bibbs with vacuum breaker in mechanical rooms. b. Provide a solids interceptor (clay trap) at the classroom sink. Locate trap below sink casework with service clearances. c. Provide hose bibbs, stainless steel box type with door in each shower area for floor wash down. d. Provide wall hydrant spaced on the exterior of the building at maximum 150'. e. Provide floor drains as shown on architectural plans and/or as follows: i. Showers. ii. Shower drying areas within the locker rooms. iii. Toilet rooms with more than (1) water closet. iv. Water entry rooms. f. Provide an exterior grease interceptor for the kitchen area. This requirement will be reviewed with the local wastewater department to allow eliminating this requirement. g. Provide 1-1/2" lawn irrigation tap with 1-1/2" RP backflow preventer in water entry room. III. Fire Protection A. Provide a complete sprinkler system for the entire building in conformance with NFPA 13. All heads shall be fully recessed, concealed type in finished areas, brass pendant in all exposed ceiling and unfinished areas. B. Provide a new 6" fire service with double check valve assembly. Limit of responsibility shall be 10' outside the building. C. Smoke detectors at the rooftop units shall interface with the fire alarm system. City of Fort Collins Northside Aztlan Center Page 19 ELECTRICAL SYSTEMS NARRATIVE Scope The electrical work shall consist of supplying equipment and material, tools and transportation, labor and services, and miscellaneous items required to provide a complete electrical installation as described herein. Codes The entire electrical installation shall be made in accordance with the current edition of the National Electrical Code (NEC) and all current state and City of Ft. Collins codes. The work shall include securing licenses and permits necessary, and includes payment of the requisite charges and fees, except that the Owner shall pay Utility Company charges. Work Includes I . Power: Electrical service from pad mounted utility transformer. 2. Electrical distribution facilities within the building, including the main switchboard, lighting and appliance panelboards, step-down transformers, feeders, branch circuit wiring and connections, outlets and wiring devices. 3. Grounding electrode system. 4. 3" high concrete housekeeping pads under switchboard and each floor -mounted transformer. 5. Feeders and connections to motors and equipment furnished under the mechanical section, the elevator, and other power -consuming equipment. 6. Interior and exterior luminaires and lamps. 7. Addressable fire alarm system per applicable building codes. 8. Building sound reinforcement system. Separate sound system in each aerobics room. Add alternate: separate sound system in Intergenerational Social Area and Multi -Purpose rooms. 9. Security system including intrusion alarm detection and alarm devices at windows and exterior doors. 10. Access control system and primus keying system per the City of Ft. Collins Building Design Standards Manual. 11. Telephone: Service underground from local telephone service provider pedestal to main telephone terminal inside building. All plywood backboards shall be provided by the General Contractor. 12. Rough -in for all telephone, data, and cable television devices including boxes, conduit and cable tray. 13. Adjustment and testing of the electrical work. Light and Power Systems Characteristics I. The service entrance power shall be 277/480V, 3-phase, 4-wire. 2. Power for heating, ventilating, plumbing, air conditioning, and elevator equipment shall be 480V, 3-phase. 3. All fluorescent and HID lighting shall be 277V. Feeders serving 277/480V lighting panels shall be sized to supply a load of 3 Watts per square foot. 4. Incandescent lighting and receptacles shall be 120V. Dry -type step-down transformers and 120/208V panels shall be sized to supply a load of 6 Watts per square foot. 5. Emergency lighting shall consist of battery -powered luminaires arranged to provide minimum code -required light levels for building egress and life safety. City of Fort Collins Northside Aztlan Center Page 20 �« . Y..14 111. Workmanship All electrical equipment and material shall be installed in accordance with Code requirements and in a neat workmanlike manner by skilled and competent mechanics in conformance with the standard practices of the electrical industry. Materials and Equipment All materials and equipment shall be new and shall comply with established trade standards and shall be listed as approved by the Underwriters' Laboratories, where inspection standards are listed and in effect. Materials and equipment shall be as follows: Main Switchboards 1. The main switchboard shall be free standing, service entrance rated with utility company metering compartment, main circuit breakers, and feeder circuit breakers. The main switchboard shall be 277/480V, 3-phase, 4-wire, sized to provide power for all power consuming equipment plus 20% spare capacity and fully bussed space. To avoid having to provide ground fault protection for the switchboard, provide two main circuit breakers, 400A and 800A, which shall feed section busses rated the same. 1. a. Estimated service entrance size: 1200A, 277/480V, 30, 4W 2. 2. All bussing shall be copper or tin-plated aluminum and shall be fully braced as required to meet the available fault current at the site. 3. The switchboard shall be provided with an integrally -mounted, plug-in style, solid-state, parallel - connected TVSS module. 4. Circuit breakers shall be thermal -magnetic molded case type. Frame size 250A and larger shall be provided with an adjustable trip setting. The trip settings of the feeder circuit breakers shall be selectively coordinated with the main breaker as much as possible. 5. Provide power monitoring system, Square D Powerlogic Power Meter, or equal. Panelboards 1. Panelboards shall be surface -mounted equipped with bolt -in branch breakers, hinged lockable doors and hinged covers. A. 277/480V panels shall be Square D type NF or engineer -approved equal. 120/208 volt panels shall be Square D type NQOD or equal. B. All bussing shall be copper or tin-plated aluminum and shall be fully braced as required to meet the available fault current at the site. C. Provide energy monitoring accessory, Powerlogic Energy meter, or equal. D. Provide panels in the following areas: 1. Main electrical room 2. Loading/Receiving area 3. Second floor storage room City of Fort Collins Northside Aztlan Center Page 21 4 . Dry Type Transformers I. Dry type transformers shall be floor, ceiling or wall mounted. Suspended transformers shall be provided with vibration isolators. 2. Transformers shall be 480V Delta primary, 120/208 Wye secondary with 150 deg. C. temperature rise insulation. 3. Windings shall be copper or aluminum. 4. Transformers shall contain at least two 2-1/2% full capacity taps below and two 2-1/2% full capacity taps above normal voltage. 5. Transformers shall be Square D three-phase general purpose type or engineer -approved equal. Wiring Devices I . Wiring devices (switches, receptacles, etc.) shall be specification grade, color per architect. 2. Switches shall be rated 20A at 120/277V. 3. Standard duplex receptacles shall be NEMA 5-20R. Provide one duplex for every 25 square feet of office and staff work areas. Locker rooms and bathrooms shall receive GFI duplex receptacles above counter at vanity and at each grooming station. Provide one duplex receptacle approximately every 40' around perimeter of gymnasium. Provide at least four duplex receptacles in each classroom and multi -purpose room. 4. Provide low voltage (tele/data) outlet rough -ins at one per 50 square feet of office, conference and staff work areas. Provide at least two outlets in each classroom and multi -purpose room. 5. Device plates shall be heavy duty nylon, color to match devices. Device plates in the gymnasium shall be brushed stainless steel. 6. Provide power walls in Fitness Center with dedicated duplex receptacles for treadmills. Approximately ten branch circuits will be required for equipment and convenience receptacles in the Fitness Center. Conduit and Wiring 1. Feeder conduits run below grade shall be galvanized RMC or PVC. Elbows and conduit risers through the floor slab shall be galvanized RMC. 2. Feeder conduits run above grade shall be EMT. 3. Branch circuit conduits shall be EMT. Type MC cable may be only permitted for branch circuit wiring if allowed by the City of Ft. Collins and local AHJ. 4. FMC shall be used for final connections to motors and "lay -in" lighting fixtures. Use LFMC for connections exterior locations. 5. Outlet boxes shall be pressed steel, minimum of 4" square. Exterior outlets exposed to weather shall be weatherproof type. 6. Feeders shall be 600V copper with Type XLPE (XHHW or XHHW-2) insulation. 7. Branch circuit wiring shall be 600V copper with Type THHN/THWN insulation. City of Fort Collins Northside Aztlan Center Page 22 w • M'I& 111.1 Lighting General requirements 1. High pressure sodium lamps shall be GE "Lucalox". 2. All other lamps shall be by Philips. Exterior l . Parking lots shall be illuminated using pole -mounted high pressure sodium luminaires. 2. Other building exterior lighting shall be high pressure sodium as well. First Floor 1. Gymnasium- Suspended HID high bay luminaires with multi -level control. 2. Locker room areas- T8 fluorescent strip luminaires with wire guards mounted indirectly on top of lockers. Recessed, gasketed, compact fluorescent downlights in shower areas. Recessed compact fluorescent downlights in restrooms and family changing rooms. Linear fluorescent cove lighting above vanities. 3. Kitchen- Recessed 2'x4' 3-lamp acrylic troffers illuminated to at least 50 fc. 4. Office areas- Recessed 2'x4' 3-lamp parabolic luminaires illuminated to 40 fc. 5. Lobby and Control desk- Recessed compact fluorescent downlights and compact fluorescent decorative wall sconces. Decorative low voltage pendant luminaires above counter. Illuminate desk area to 30 fc. 6. Multi -Purpose rooms- 2'x4' 3-lamp parabolic luminaires and recessed, dimmable compact fluorescent downlights. Illuminate to 50 fc. Add alternate: performance stage lighting and dimmer control system. Add alternate: Fluorescent cove lighting. 7. Intergenerational Social Area- 2'x4' 3-lamp parabolic luminaires illuminated to 30 fc. Add alternate: Fluorescent cove lighting. 8. Classrooms- 2'x4' 3-lamp parabolic luminaires illuminated to 40 fc. 9. Computer Lab- Linear fluorescent indirect pendant luminaires illuminated to 30 fc. 10. Loading/ Receiving- T8 fluorescent strip luminaires illuminated to at least 30 fc. 11. Electrical, mechanical & storage rooms — T8 fluorescent strip luminaires illuminated to 30 fc. Second Floor I . Fitness Center- Linear fluorescent industrial -style pendant hung luminaires. Illuminate to 40 fc. 2. Aerobics/Dance Studio- Recessed 2'x4' direct/indirect luminaires illuminated to 40 fc. 3. Staff Offices- Recessed 2'x4' 3-lamp parabolic luminaires illuminated to 40 fc. 4. Wrest] ing/Boxing Gym- Recessed 2'x4' direct/indirect luminaires illuminated to 50 fc. Lighting Control I. Provide a relay control panel with control of all public spaces. Controls shall be located at the control desk. The lobby, control area, gymnasium, locker rooms, second floor fitness area, and exterior lighting shall be controlled by the control panel. 2. All other areas shall be individually controlled by wall switches and occupancy sensors. Mechanical Equipment Power wiring to all mechanical and elevator equipment shall be provided adequate for loads served. All starters, control wiring and controls will be provided by others regardless of operating voltage. It is assumed that all heating/cooling will be done with electric equipment. City of Fort Collins Northside Aztlan Center Page 23 AGREEMENT THIS AGREEMENT is dated of the 2 day of August, 2005 by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter called OWNER) and Pinkard Construction Co., a Colorado General Contractor (hereinafter called DESIGNBUILDER). OWNER AND DESIGNBUILDER, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1.01 DESIGNBUILDER shall complete all Work as specified or indicated in the Owner- Design/Builder Contract Documents, as set forth in Section 12.01. The Work is generally described as follows: design and construction of a 49,980 sq.ft. Northside Aztlan Center located at 112 East Willow Street Fort Collins, CO. Article 2. THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as the design and construction of a recreation center and will include a three court gymnasium; multi -purpose room for wrestling & boxing; multi -purpose room for social activities; cardio, weights, and exercise area; classrooms; kitchen; computer lab; conference/meeting rooms; intergenerational lounge; jog/walk track around gym (second floor); staff offices; lobby; locker rooms; bathrooms; storage, and mechanical areas. Article 3. CONTRACT TIMES 3.01 Days to Achieve Substantial Completion and Final Payment The Work will be substantially completed within 730 days after the date when the Contract Times commence to run as provided in paragraph 2.02.A of the General Conditions and completed and ready for final payment in accordance with paragraph 13.08 of the General Conditions within 760 days after the date when the Contract Times commence to run. 3.02 Liquidated Damages A. DESIGNBUILDER and OWNER recognize that time is of the essence of the Agreement and the OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.01 above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expenses and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and DESIGNBUILDER agree that as liquidated damages for delay (but not as a penalty) DESIGNBUILDER shall pay OWNER Five Hundred Dollars ($500.00) for each day that expires after the time specified in paragraph 3.01 for Substantial Completion until the Work is substantially complete. 1, These General Conditions have been prepared for use with either one of the two Agreements between Owner and Design/Builder (Nos. D-520 and D-525, 2002 Editions) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated and a change in one may necessitate a change in the others. The suggested language and instructions contained in the Guide to Use of EJCDC Design/Build Documents (No. D-001, 2002 Edition) is also carefully interrelated with the language of these General Conditions. The Guide also contains comments concerning the use of the General Conditions. Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright CC2002 National Society of Professional Engineers for EJCDC, All who; resewed. Fire Alarm and Communication System 1. Provide a complete and operational non-proprietary fire alarm system. Manual pull stations shall be located in the corridors of each floor not more than 5 feet from each stair exit and not more than 100 feet from furthest point in the building, and at each exterior exit. Provide ADA horn/strobes and strobes in all public spaces, areas of egress and bathrooms. Provide connections for HVAC fan shutdown and connections to sprinkler system flow and tamper switches. Provide an elevator recall system including smoke and heat detection. Provide fire/smoke damper control system including smoke detection, control modules and 120 volt power. Provide a remote annunciator panel in the main lobby visible from the main fire department entry. Duct detectors provided by the mechanical contractor shall be connected into the fire alarm system. 2. Provide a voice evacuation system with a pre-recorded message to be heard throughout the building and in each occupied space (i.e., individual offices). 3. The fire alarm system shall mute all other sound systems upon activation, via relays and control modules. The system shall meet the requirements of the local fire department. LEED Rating This project will attempt to obtain a Silver LEED rating. The following credits are specific to the electrical division of the work: Sustainable Sites, Credit 8, Light Pollution Reduction: Light pollution from the site and building will be minimized with cutoff luminaires and shielding where necessary. Energy and Atmosphere, Prereq 2, Minimum Energy Performance: Every effort will be made to exceed the requirements of ASHRAE/IESNA 90.1 by utilizing efficient luminaires and design as well as using fluorescent and HID lamp sources with high efficacies. Energy and Atmosphere, Credit 1, Optimize Energy Performance: We will attempt to obtain at least one credit point for reducing the design energy cost by over 15%. Much of this depends on the design of mechanical division of work and therefore must be coordinated closely. Materials and Resources. Credit 5.1 Local/Regional Materials: Where possible, local luminaire manufacturers will be specified. Indoor Environmental Quality Credit 6.1 Controllability of Systems: Provide one lighting control zone per 200 square feet within 15' of the perimeter wall. This credit also depends on the architectural design of the building. If operable windows are not used, the credit may not be given and therefore the additional lighting control zones are not required. Indoor Environmental Quality Credit 6.2 Controllability of Systems: Provide additional lighting controls for at least 50% of the occupants in non -perimeter areas. This credit also depends on the mechanical division. If additional air flow and temperature controls are not provided, the credit may not be given and therefore the additional lighting controls are not required. City of Fort Collins Northside Aztlan Center Page 24 CODE ANALYSIS CODE ANALYSIS REVIEW CRITERIA Building Location: Northside Aztlan Center Fort Collins, Colorado Proposed Type of Construction: Type II-B (Construction Type Classification from 2003 IBC) Occupancy Classification: A-3 Any building or portion of buildings having an assembly room with an occupant load of less than 300 without a legitimate stage, for purposes such as social or recreation. Including such buildings used for educational purposes, and not classified as a Group E or Group B occupancy. Stories- Proposed: 2 Story Fire Protection: Section 904.2: Automatic Fire Extinguishing Systems An automatic fire extinguishing system is not required in the Proposed Recreation Center by Section 904.2 of the code based on occupancy or building floor area requirements. An automatic fire sprinkler system has been provided throughout the Recreation Center and will be used to increase the allowable area per the provisions of the UBC Section 505.3. APPLICABLE CODES: 1997 Uniform Building Code (UBC) and Standards (With modifications from the 2003 International Building Code) 1997 Uniform Mechanical Code (UMC) 1994 Uniform Plumbing Code (UPC) 1998 National Electric Code: NFPA, Volumes 1-13 1994 Uniform Fire Code (UFC) City of Fort Collins Northside Aztlan Center Page 25 A. BUILDING FLOOR AREA SUMMARY: The Recreation Center, as proposed, shall house the A-3 Assembly occupancy type and shall be constructed as Type II- B (Non -Rated Construction). Because the current 2003 International Building Code better defines Recreation Facilities under the A-3 Occupancy classification that the Uniform Building Code, the following Allowable Area study and Allowable Area Increases are based on the 2003 IBC. Floor Level Gross Floor Area Occupancy First Floor 37,200 GSF A-3 Second Floor 12,600 GSF A-3 Total Building 49,800 GSF A-3 B. LOCATION ON PROPERTY: Determine the location of the Proposed Aztlan Community Center in proximity to other existing buildings near the site. Building Separation: a. North: Yard in excess of 30' to the property line. b. East: Yard in excess of 30' to the property line. c. South: Yard in excess of 30' to a Public Way (Willow St) d. West: Yard in excess of 30' to the property line. • Based on Section 506.1, the allowable percentage of area increase is as follows: If= 100 (F/P — 0.25) * w/30 If-- 100 (800'/800' — 0.25) * 30/30 It= 75% Therefore, the allowable area increase for building separation is 75% C. ALLOWABLE AREA INCREASES: 1. Basic Allowable Area: Assume Type II-B Construction with A-3 occupancy group, and determine the allowable floor area per floor for the building based on the building's type of construction and major occupant use, per Table 503. Occupancy Construction Type Basic Allowable Floor Area A-3 Type II 1 9,500 City of Fort Collins Northside Aztlan Center Page 26 2. Separation of Yards -Section 506.1: Assume Type H-NR Construction with A-3 occupancy group, and determine the allowable floor area per floor for the building based on the building's type of construction and major occupant use, per Table No. 5-B. Occupancy Basic Allowable Floor Area With Separation Increase (+100% 505.1.3) A-3 9,500 SF 16,625 SF 3. Automatic Sprinkler System - Section 507.2: Occupancy Allowable Floor Area With Separation Increase (+75%) With Sprinkler Increase (507.2) A-3 9,500 SF 16,625 SF (200%) 36,400 SF 4. Multi -Story Building — Area Determination Section 503.3: The maximum area of a building shall be determined by multiplying the allowable area per floor (Aa,) as determined in Section 506.1, by the number of stories up to a maximum of three stories. Occupancy Allowable With Separation With Sprinkler Two Story Increase Floor Area Increase (+100%) Increase (505.3) (503.3) A-3 9,500 SF 16,625 SF (200%) 36,400 (200%) 72,800G SF SF 5. Area Proposed PROPOSED AREA=49,800 GSF G 72,800 GSF ALLOWABLE City of Fort Collins Northside Aztlan Center Page 27 D. EXTERIOR WALL & OPENING PROTECTION Determine fire -resistive requirements for exterior walls and opening protection based on location of the building to property lines and adjacent buildings per Table 5-A. Type II-B Construction 1. Fire Resistance of Exterior Walls: A-3 Occupancy 2. Fire Resistance of Exterior Walls: A-2.1 & A-3 Occupancy 3. Openings in Exterior Walls: A-2.1 & A-3 Occupancy Exterior Bearing Walls Two- hour N/C less than 5 feet One- hour N/C less than 20 feet NR, N/C elsewhere Exterior Non- Bearing Walls Same as Bearing Not permitted less than 5 feet Protected less than 10 feet E. ALLOWABLE HEIGHT AND NUMBER OF STORIES Check allowable height of building and number of stories for the proposed Community Center Occupancy Allowable Proposed Allowable No. Proposed Group Height Height of Stories Stories A-3 45 feet 34feet 2 2 F. GENERAL BUILDING CONSTRUCTION REQUIREMENTS: 1. Fire Resistive Requirements: Table 6-A Type Il —B Construction Bearing Walls- Exterior NR Bearing Walls- Interior NR Nonbearing Walls- Exterior NR Structural Frame NR Partitions- Permanent NR Shaft Enclosures 1 Hour Floors- Ceilings/ Floors NR Roofs- Ceilings/ Roofs NR Exterior Doors and Windows Section 604.3.2 City of Fort Collins Northside Aztlan Center Page 28 w ..HA ,w . G. OCCUPANCY REQUIREMENTS: 1. Section 302.4- Fire Ratings for Occupancy Separations: a) Occupancy separations shall be provided between various groups and divisions of occupancies as set forth in Table No. 3-B A-3 No Requirements 2. Section 302.5- Heating Equipment Room Occupancy Separation a) In Group A Occupancies, rooms containing a boiler, central heating plant or hot water supply boiler shall be separated from the rest of the building by not less than a one -hour fire -resistive occupancy separation. Exception 1: Occupancy separation not required where the largest piece of fuel equipment does not exceed 400,000 BTU/h input. 3. Group A Occupancies: Group A assembly rooms having an aggregate occupant load of 1,000 or more shall not be located in a basement, except basements in buildings of Type I or Type II F.R. construction. Gymnasiums and similar occupancies may have floor surfaces constructed of wood or unprotected steel or iron. a) Section 303.2.2.2- Division 3 Provisions: Division 3 occupancies located in a basement or above the first floor shall be of not less than one- hour fire -resistive construction. Division 3 Occupancies with an occupant load of 50 or more which are located over usable space shall be separated from such space by not less than one -hour fire -resistive construction. b) Section 303.3- Location on Property: Buildings housing Group A Occupancies shall front directly on or discharge to a public street not less than 20 feet in width. The exit discharge to the public street shall be a minimum 20-foor-wide right-of-way, unobstructed and maintained only as exit discharge to the public street. The main entrance to the building shall be located on a public street or on the exit discharge. City of Fort Collins Northside Aztlan Center Page 29 H. OCCUPANT LOAD CALCULATION: The occupant load of the building, or areas of the building shall be determined by using Table No. 10-A Minimum Egress Requirements. Occupancy Occupant Min. of 2 Space Floor Area Load factor Load Exits required Lobby/Control 1811 15 121 Yes Staff Meeting 190 15 13 No Copy/Work Room 278 50 6 No Open Work Area 146 50 3 No Offices (5) 526 100 5 No Gymnasium Storage 1,040 300 4 No Aerobics 878 50 18 No Aerobics Storage 184 300 1 No Wrestling/Boxing Room 2,153 50 43 Yes Family Change Rooms (2) *150 - - No Mens Restroom *100 - - No Womens Restroom *100 - - No Fitness Training 3,318 50 66 No Mens Locker Room 965 50 19 No Womens Locker Room 965 50 19 No Classrooms A 408 20 20 No Classroom B 367 20 18 No Classroom C 440 20 22 No Classroom D 384 20 19 No Multipurpose Meeting 1 1,038 15 69 Yes Multipurpose Meeting 2 1,247 15 83 Yes Multipurpose Meeting 3 1,136 15 76 Yes Receiving/Storage 390 50 8 No Gymnasium 18,462 30 615 Yes (3) Running Track 3,956 50 79 Yes Total Occupant Load. 1,327 Yes(4 exits total) *Accessory use areas not included in determining occupant load. City of Port Collins Northside Aztlan Center Page 30 A . .A& inr I. EXIT REQUIREMENTS: 1. Occupant Load: The occupant load of the building, or areas of the building shall be determined by using Table No. 10-A Minimum Egress Requirements. 2. Number of Exits: Section 1004.2.3.2- Access to Exits from Individual Floors a) Every occupant on the first story shall have access to not less than one exit and not less than two exits as required by Table No. 10-A. 3. Exits Provided: a) Main Level: 4 Exterior Exits 3. Exit Width Required: a) Gymnasium: 19,200sf = 615 occupants 615 (2) = 123" = 10'- 3" required, 3 exits b) Total Building: 49,800 sf = 1327 occupants 1327 (2) = 266" = 22'-2" required, 4 exits J. 1003 MEANS OF EGRESS REQUIREMENTS: 1. Section 1004.2.2-Travel through intervening rooms: a) The required access to exits from any portion of a building shall be directly from the space under consideration to an exit or to a corridor that provides direct access to an exit. Exit access shall not be interrupted by intervening rooms. 1) Exception: Where access to only one exit is required from a space under consideration, exit access may occur through an adjoining or intervening room, which in turn provides direct access to an exit. b) Rooms with a cumulative occupant load of less than 10 may access exits through more than one intervening room. 2. Section 1004.2.3.4. Additional Access to Exits: a) Access to not less than three exits, exit -access doorways or combination thereof shall be provided when the individual or cumulative occupant load served by the exist access is 501-1,000. b) Access to not less than four exits, exit -access doorways or combination thereof shall be provided when the individual or cumulative occupant load served by the exist access exceeds 1,000. 3. Section 1004.2.5.2.2 -Travel distance in sprinklered buildings: a) In buildings equipped with an automatic sprinkler system throughout, the travel distance shall not exceed 250 feet. City of Fort Collins Northside Aztlan Center Page 31 4. Section 1004.3.3- Hallways: a) General: Hallways may be used as and exit -access component unless specifically prohibited based on requirements specified elsewhere in this chapter. For exit -access design purposes, hallways shall be considered as intervening rooms. 5. Section 1004.3.4- Corridors: a) Width: The width of corridors shall not be less than 44 inches. a) Construction: Corridors shall be fully enclosed by walls, a floor, a ceiling and permitted protected openings. The walls and ceilings of corridors shall be constructed of fire -resistive materials as specified in Section 1004.3.4.3.L c) Openings in Corridors: 1) Doors: Door openings shall be protected by a tight fitting smoke -and -draft control assembly with a 20-minute fire protection rating. Doors shall be equipped with closers. 2) Windows: Interior openings other than doors shall be protected by fixed glazing listed and labeled for a fire protection rating of at least three- fourths hour. The total area of windows in a corridor shall not exceed 25 percent of the area of a common wall with any room. Section 1005.3.1 General — Level of fire - resistance: a) Exit components incorporated into the design of the exit portion of the means of egress system shall comply with the requirements of Section 1005.3. b) Once a given level of fire -resistive protection is achieved in an exit component, the fire - resistive time -period of such component shall not be reduced until arrival at the exit discharge or the public way. 6. Section 1005.3.4.6 Dead end corridors: a) Where an exit passageway is used and more than one exit is required, exit doors shall be arranged so that it is possible to go in either direction from any point in the exit passageway to a separate exit door, except for dead ends not exceeding 20 feet in length. K. 1007 MEANS OF EGRESS REQUIREMENTS BASED ON OCCUPANCY: I. Section 1007.2.5 Panic Hardware: a) Exit and exit -access doors serving Group A Occupancies shall not be provided with a latch or lock unless it is panic hardware. 2. Section 1007.2.6 Posting of room capacity: a) Any room that is used for an assembly purpose where fixed seats are not installed shall have the capacity of the room posted in a conspicuous place on an approved sign near the main exit or exit -access doorway from the room. Such signs shall indicate the number of occupants permitted for each room use. City of Port Collins Northside Aztlan Center Page 32 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.................................................................................................................... I 1.01 Defined Terms....................................................................................................................................................................... 1 1.02 Terminology...........................................................................................................................................................................3 ARTICLE 2 - PRELIMINARY MATTERS......................................................................................................................................4 2.01 Delivery of Bonds..................................................................................................................................................................4 2.02 Commencement of Contract Times: Notice to Proceed.........................................................................................................4 2.03 Starting the Work...................................................................................................................................................................4 2.04 Before Starting the Work.......................................................................................................................................................4 2.05 Initial Conference...................................................................................................................................................................4 2.06 Initial Acceptance of Schedules.............................................................................................................................................5 . ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE..............................................................................5 3.01 Intent........................................................................................................................................... ..................................... 5 3.02 Reference Standards...............................................................................................................................................................5 3.03 Resolving Discrepancies........................................................................................................................................................5 3.04 Amending and Supplementing Contract Documents.............................................................................................................6 3.05 Rouse of PeeumepAs Use of Design Materials.......................................................................................... .............................6 3.06 Electronic Data.......................................................................................................................................................................7 ARTICLE 4 - AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS: HAZARDOUS ENVIRONMENTAL CONDITIONS...............................................................................7 4.01 Availability of Lands.............................................................................................................................................................7 4.02 nice fin. Site Genditien-s Subsurface and Phvsical Conditions ............................. ........................................................... .....7 4.03 Reference Points....................................................................................................................................................................9 4.04 Rn,.,_a, its > „-il- n ental G „dition at c Asbestos. PCBs Petroleum Hazardous Waste or Radioactive Material ....... 10 ARTICLE 5 - BONDS AND INSURANCE....................................................................................................................................10 5.01 Performance. Payment and Other Bonds...........................................................................................................................1.11 5.02 Licensed Sureties and Insurers.............................................................................................................................................11 5.03 Certificates of Insurance......................................................................................................................................................11 5.04 Design/Builder's Liability Insurance....................................................................................................................................11 5.05 Owner's Liability Insurance.................................................................................................................................................12 5.06 A�repePty Builders Risk Insurance.........................................................................................................................................12 5.07 Waiver of Rights ..................................................................................................................................................................13 5.08 Receipt and Application of Insurance Proceeds.................................................................................................. 5.09 Acceptance of Bonds and Insurance; Option to Replace ............................... ...................................................................... 14 5.10 Partial Utilization, Acknowledgment of Property Insurance...............................................................................................14 ARTICLE 6 - DESIGN/BUILDER'S RESPONSIBILITIES...........................................................................................................14 6.01 DesienProfessional Services ..............................................................................................................................................14 6.02 Supervision and Superintendence of Construction..............................................................................................................15 6.03 Labor, Working Hours.........................................................................................................................................................15 6.04 Services. Materials. and Equipment.....................................................................................................................................15 6.05 Progress Schedule................................................................................................................................................................16 6.06 Concerning Subcontractors, Suppliers and Others...............................................................................................................16 6.07 Patent Fees and Ro, a> lties....................................................................................................................................................16 6.08 Permits.................................................................................................................................................................................17 6.09 Laws or Regulations............................................................................................................................................................17 6.10 Taxes....................................................................................................................................................................................17 6.11 Use of Site and Other Areas.................................................................................................................................................17 6.12 Record Documents...............................................................................................................................................................18 6.13 Safety and Protection...........................................................................................................................................................18 6.14 Safety Representative...........................................................................................................................................................18 6.15 Hazard Communication Programs.......................................................................................................................................18 6.16 Emergencies.........................................................................................................................................................................18 6.17 Submittals............................................................................................................................................................................19 6.18 Continuing the Work............................................................................................................................................................19 6.19 Post -Construction Phase......................................................................................................................................................19 6.20 Design/Bui[der's General Warranty and Guarantee.............................................................................................................19 6.21 Indemnification ....................................... .. ...........................................................................................................................19 6.22 Survival of Obligations........................................................................................................................................................20 EJCDC D-700 Standard GenentI Conditions of the Contract Between Owner and Design/Builder Copy fight '02002 National Society of Profess ion nl Engineers for EJCDC All rights reserved. Includes City of Fort Col lips modifications dated 0912004 L. FIRE EXTINGUISHING SYSTEMS: 1. Section 904.2: Automatic Fire- Extinguishing Systems a) An automatic fire -extinguishing system is not required in the proposed Recreation Center by Section 904.2 of the code based on occupancy or building floor area requirements. M. ACCESSIBILITY: Accessibility to buildings or portions of buildings shall be provided for Group A Occupancies as required by Chapter 1 1 of the 1997 Uniform Building Code. N. PLUMBING FIXTURE REQUIREMENTS: Determine the number of required plumbing fixtures for the Proposed Recreation Center, based on the requirements of the 1997 Uniform Plumbing Code. Plumbing fixture calculation based upon the total occupant load as determined by Table 29A. Occupancy Groups A, use 30 square feet per occupant for minimum number of plumbing fixtures. Excluding Restrooms, uses 49,400 sf / 30 = 1646 occupants, 823 men, 823 women. Fixture Type Occupant Load Men Women Required Proposed_ Required Proposed Water Closets 823 5 5 9 10 Urinals 823 4 4 -- -- Lavatories 823 7 7 7 7 Drinking Fountains 1646 5 Required Bathing facilities are not specifically required by code for the existing facility. City of Fort Collins Northside Aztlan Center Page 33 OUTLINE PECIFICATIONS DIVISION 1: GENERAL REOUIREMENTS Summary 01000 Project Description: Number of Stories: Two -Story Area: 48,800 sf Occupancy Classification: A-3 Allowances 01210 Refer to Design Build Narrative Alternates 01230 Refer to Design Build Narrative Regulatory 01410 City of Fort Collins Building Department Requirements 1997 UBC , With modifications for the 2003 IBC Fort Collins Building Code Amendments 1997 UMC Uniform Mechanical Code 1994 UPC Uniform Plumbing Code 1996 NEC (NFPA-70) National Electric Code 1997 UFC Uniform Fire Code 1998 ANSUCABO 117.1 Accessibility Standards DIVISION 2: SITE WORK Earthwork Irrigation Landscaping 02300 Clearing and Grubbing: Entire work area. Site grading: Requires large amount of fill under and around building Borrow material source off -site. Strip, stockpile and spread topsoil Structural Fills: For building slabs as approved by soils consultant and owner. Gravel Base for Concrete Slabs: 4" at building slabs Compaction and testing: Standard test ASTM D1557 Structural fill: 100% Paving and slab fill: 95% 02810 Re: Landscape Re: Landscape City of Fort Collins Northside Aztlan Center Page 34 Parking Bumpers 02848 As required for parking stalls adjacent to pedestrian circulation Site Furnishings 02870 Re: Landscape Include benches, trash receptacles, bicycle racks, Flagpole, etc. as described in the landscape drawings Traffic Control 02895 Provide directional signage as required by final site design. Signage DIVISION 3: CONCRETE Concrete 03300 Includes Sections: 03100 Concrete Forms and Accessories 03200 Concrete Reinforcement 03300 Cast -in -Place Concrete 03360 Concrete Finishing General: Conform to American Concrete Institute Standards, ACI 301 and 318 and referenced ACI and ASTM standards therein. Forming: Exposed, as -cast Reinforcing: ASTM A615, 60 ksi yield. Concrete: Ready mixed ASTM C94.Type I or H cement., 3,000psi 28-day strength for footings, foundation walls ,and grade beams. 3,500 psi for interior slabs on grade and slabs on metal deck. 5,000 psi for site conc. exposed to deicers, with air -entraining and water reducing admixtures. May include up to 20% flyash content. Finishing: Exposed, formed surfaces: as cast minor repairs. Special Concrete Finishes: Integral reactive stain, with clear seal. Less than 120g/1 VOC in stain and sealer. Flatwork: Smooth troweled. City of Fort Collins Northside Aztlan Center Page 35 DIVISION 4: MASONRY Unit Masonry 04200 Standard block and Center Scored, Colored Ground Face, Refer to drawings Modular face brick, 2 colors, Refer to drawings Mortar: Type S for masonry below grade or in contact with earth. Type M or S at all other reinforced masonry locations. Colored mortar for brick Accessories: Primary Reinforcing: ASTM A615, 60 ksi. Flashing: PVC Bond, Joints: Running bond. Concave tooled. Reinforced and Grouted Work: Bond beams, lintels Walls: CMU cores at structural shear walls, structural bearing walls. F'm = 1800 psi Unit Masonry Fy = 60 Ks : steel reinforcing DIVISION 5: METALS Structural Steel 05120 Structural Steel: ASTM A36 steel, fabrication, design and erection conforming to AISC standard specifications. High strength steel to be ASTM A992-GR50. High strength bolts: meet requirements of ASTM A-325. Headed Anchor Studs (H.D.A.S.): Meet requirement of AWS D1.1 Structural welding code, Latest edition, type B. Priming: Modified alkyd rust -inhibitive primer. No primer on members receiving spray -applied fireproofing. 90% minimum recycled content Steel Joists 05210 Open web steel joists and girders conforming to the requirements of SJI (Steel Joist Institute). Work Included: Steel bearing plates, bolts and anchors, bridging, welding. Load/span: Roof joists L/360 Bearing Plates: ASTM A36 Bolts and anchors: ASTM A307 Carbon steel bolts and threaded fasteners, ASTM A325 High -strength bolts and nuts. Bridging: Provide horizontal or diagonal type bridging per SJI specifications. Priming: Modified alkyd rust -inhibitive primer. No primer on members receiving spray -applied fireproofing. Minimum 50% recycled content City of Fort Collins Northside Aztlan Center Page 36 =M •4Mi� Metal Deck Cold Formed Metal Framing Metal Fabrications 05300 Conform to steel deck Institute standards for design fabrication and erection. Roof deck: Intermediate rib, galvanized finish, 3" depth. Minimum 50% recycled content 05400 Conform to AISI Specifications for design of cold -formed steel structural members, latest edition. Wall/stud framing: C-studs, runners, plates and bracing galvanized finish. Welding: Meet requirements of AWS structural welding code, AWS D1.1 and D1.3 Minimum 90% recycled content 05500 Miscellaneous supports, anchors, rough hardware: Steel. Lintels: Steel Shelf Angles: Steel Ladders: Steel bar and plate. Counter top supports Bollards Awning support members consisting of Steel Tubes Channels and Angles DIVISION 6: WOOD AND PLASTICS Rough Carpentry 06100 Lumber Standards: PS20 Plywood Standards: PSI Framing: National Design Specification For Wood Construction. Materials: Gypsum sheathing ,furring, blocking Preservative Treatment: Roof associated curbs, blocking. Fire -Retardant Treatment: per code. City of Fort Collins Northside Aztlan Center Page 37 ...A Architectural 06400 Standards: AWI Custom Quality Woodwork Recycled biocomposite countertops, Premium mdf or wheatboard faced casework, cubbies Melamine interior cabinets and shelving Recycled wood product locker benches Custom hardwood Check -in Desk. Maple hardwood facing with melamine interior cabinets. Recycled biocomposite countertops. Natural stone transaction top counter. Finish: Clear sealed with low-VOC water-soluble finish less that 120 gram/liter VOC. DIVISION 7: THERMAL AND MOISTURE PROTECTION Bitiminous 07110 Cold -Applied bituminous dampproofing on all below -grade Dampproofing foundation walls. Includes trowel grade and semi -mastic grade as required by substrate material. Work includes primer, reinforcing fabric, and protection board. Water Repellants 07180 Clear, penetrating water repellant coatings for exterior masonry surfaces. Building 07210 Work includes all thermal insulation and vapor barriers as Insulation shown in the drawings. Insulation materials include: fiberglass batt, rigid expanded polystyrene, rigid polyisocyanurate nailable roof insulation, foamed -in -place expanding urethane foam Vapor barrier: minimum 4 mil clear polyethylene sheet. Design Requirements: 1. Wall Assembles R=19 min. 2. Perimeter foundations R=10 min.. 3. Roof Assemblies R=30 avg. Preformed Metal 07414 Roof Panels: Corrugated Sheet Panels Wall and Roof Material: Prefinished galvanized steel. Panels Finish: Kynar preweathered galvalume Minimum 50% recycled content Single -ply 07530 Provide Complete fully adhered elastomeric, single -ply Membrane Roof EPDM membrane roof system, including substratrate preparation, Insulation, roofing membrane, membrane flashing, preformed Flashing accessories, walkway treads, adhesives and sealants. City of Fort Collins Northside Aztlan Center Page 38 ». . A Flashing and Sheet 07600 Materials: Metal 1. Galvanized, copper- bearing sheet steel, minimum 26 gauge for applications concealed from public view or 24 gauge if exposed to public view. 2. Flashing provided by Metal Panel manufacturer for metal panel components to match finish. Include: flashing and counter flashing, copings, expansion joints. Roof Accessories 07720 Equipment curbs units: Heavy duty type, with cap and counterflashing. Roof Hatch: 30"06" single leaf with integral curb. Cementitious 07814 None required Fireproofing Joint Sealers 07900 Type 1 Sealant: (For joints in horizontal planes) Two - component, self -leveling urethane/polyurethane sealant. Type 2 Sealant: (For joints in vertical planes) Two - component, non -sagging urethane/polyurethane sealant with a movement capability of 50% of the joint width in extension and 24% of the joint width in compression. Type 3 Sealant: (For interior static joints) General purpose, gun grade, paintable, acrylic latex caulk. Type 4 Sealant (For joints in restrooms, janitor's closets, and other areas subject to continued moisture exposure or high humidity) Type 5 Sealant: ( For fire -rated joints ) One component, low - modulus silicone sealant complying. Backer rod as approved by manufacturer. City of Fort Collins Northside Aztlan Center Page 39 DIVISION 8: DOORS AND WINDOWS Steel Doors and 08110 Provide hollow metal doors and frames, including hollow and Frames metal frames for wood doors and borrowed lights where indicated, and associated louvers, glazing, moldings, labels, anchors, reinforcements, and accessory items. Frames: Stock hollow metal frames with 2" face width and double rabbeted stops. Exterior frames over 48"-14 gauge, all other frames 16 gauge, factory primed finish. Doors: Stock flush hollow metal 1-3/4" unless noted. Exterior doors: 16 gauge, galvanized steel with factory primed finish. Interior doors: 16 gauge. Wood Doors 08210 Solid Core: Prefit and prematched. Natural Finish: Prefinished Birch, rift sawn, slip matched. Labeled: as shown in the Drawings. Overhead Doors 08300 Insulated Sectional Overhead Doors: Exterior and Interior doors shall be sectional when space allows. Operation: Electric Finish: Painted Access Doors 08305 1. Flush wall access doors for installation in masonry, tile, or drywall construction. 2. Rated flush wall access doors to match rating in masonry, tile, or drywall construction. 3. Drywall/ceiling tile type access doors to be 1" deep recessed panel access door for installation in acoustical ceiling or drywall construction. Aluminum 08400 Materials Entrances and 1. Extruded aluminum, ASTM B221, 6063-T5 alloy and Storefronts temper. 2. Sheet Aluminum ( Brake Metal) 3. Aluminum Finish: Clear Anodized 4. Sealant: One or Two component, non —sagging urethane sealant. Components: 1. Exterior framing members, nominal 1-3/4" or 2" wide rectangular extrusions, thermally broken, With recessed glazing pocket at the center of frame for 1" glazing. 2. Interior framing members: nominal 1-3/4" rectangular extrusions to receive 1/4" glazing. 3. Doors: Standard "medium stile" doors with 3-1/2" wide top and side rails and 5" wide bottom rail, Min. wall 0.125. City of Fort Collins Northside Aztlan Center Page 40 Door Hardware 08710 Hinges: Ball bearing type, 3 knuckle. Locksets: Heavy duty mortise type with lever handles. Closures: Standard type Include automatic swinging door operators at single main entry door leaf. Miscellaneous items as required for conditions including door stops, push and pull sets, lcksets, kick plates, weatherstripping, silencers, etc. Finish: US26D satin chrome, unless noted otherwise. Include key cabinet and Fire department lock box Glazing 08800 Exterior H.M. Storefront and Fixed Glazing: 1" clear low-E insulating units. Interior Windows: 1/4" clear float glass. Rated Openings: 1/4" clear wire glass. Mirror Glass: 1/4" float glass with silver mirror coating. Provide tempered safety glass where required by local or national codes. Provide heat -strengthened glass where required by windloads, light sizes, or shading patterns. DIVISION 9: FINISHES Gypsum Board 09260 Furnish and install all gypsum drywall construction as shown in Assemblies the Drawings. Work includes gypsum wallboard, light -gauge metal stud framing, trim and accessories, taping and finishing. Metal Stud Framing System: Non bearing interior partitions. Ceiling Furring: DWC hat channels, Runner channel main framing. Wall furring: 1.625" "C" members. Gypsum Board: Wall and ceilings: 0.625" Type'X' generally, moisture resistant type at wet areas. Exterior Ceiling Board: 0.625" Type'X' with PVC control joints. Sheathing: Screw apply to metal framing. City of Fort Collins Northside Aztlan Center Page 41 ARTICLE7 - OTHER CONSTRUCTION ...................... .... ....... ......... ..... ...................... .......................................................... O i .................. ............................ ............................................................................................................ 7.01 Related Work at te 20 7,02 Coordination ................. .... ........... ........ ....... ... ....... ............. ............................................. .......................................... 2l ARTICLE 8 - OWNER'S RESPONSIBILITIES ................................................. ........................................................................... 2l 8.0l-General. ............................................... ................................ ............................................................................. ............... 2l 8.02 Insyra1�e^-..-~^-`^-`.'-..-..-.'-..^-..-..-,.--.-...-..-,-.-..-..--..-..-..-..Zl Limitations8.03 ............... ....... ..................................................................................................... 2l 8.04 sed ironmental Condition ..,...,.......,.._.....................-,.......,. ..22 � ...................... ......... .............. ...................... .................................................................. Resident8.05 22 9.06 Owner's Consultant ................................................. ..... ................................... ........................................................ ...... ,22 ARTICLE 9 - CHANGES IN THE WORK- CLAIMS .......... ...... ................. .... .... ..................................................................... 22 9.01 Authorized Chanjzes in the Work ....,........,.-,...,..,...,......,......,,...........,-.......22 ,...,........................--...-..-...........,.......,,..22 9.03Claims ............ .................. ..,^'.,.'~^..,........ ................................................................................ ........................ 22 9.04 Execution of Chanpe Orders .............................. ...... ... ... ....... ...... .................................................................................. 22 9.05 Notice to Sureties ....................................................... .... .................. -.............. ................................................................ 22 9.06 Effect of Change Orders ............. ................ ....................... ............................................................................................... 23 ARTICLE 10 - COST OF THE WORK; CASH ALLOWANCES: UNIT PRICE WORK ~`.-`^^'`.^-..'-.'`,.-.`'.2] ...-......,..............................,.......,...,...........,...,.....23 10.02 Cash .............. ........ .... ....,............. ..... ........ ...... ....... ..................... ...................... ........ ........... 25 i ..... ............................................................. ...................................................................................................... 10.03 t Prices 2J ARTICLE I I - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ......... ............................. ..... .......... .25 11.01 Change of Contract Price ....... ........................................................................................................................................... 25 11.02 Change of ContractTirnes ..,..............^.....,..................,...,...........-........26 ARTICLE 12 - TESTS AND INSPECTIONS� CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION OR WORK ---^--.-'^-~--'.-'.^-`~-,^-'..-,.-..--^-^~-'.~~`^~-^~`^'-^..27 Notice12.01 ................................................ .~'..~.~.',.^'`..'..~,^..`...,,^.,~^'.^^.`.'............ .... 27 12.02 Access to Construction ....................................................... ............................................................................................... 27 12.03 Tests and ections ......^..^~'`.....'.....~',^.',^.',^~,^..,^...^..`^...^...^.'.^.',^.'..'.27 Uncovering12.04 .......... '.^^~,...................... ................................................................................ ................. 27 12.05 Owner May Stop Construction or Work ... ...................................................... ....................................................... ......... 2k 12.06 Correction or Removal of Defective Construction or Work ...,...,.....................-..........,...28 Period12.07 Correction ............. 12.09 Acceptance of Defective Construction .....,....-.....^,.......................................-IK 12.09 Owner May Correct Defective Construction or Work .,.......,..,...,...,..........,...........,...,..28 12.10 No Limitation .,.^......'.,~..~...^~..'~,...,......`..-,~..^'...'..^........-.^. ....,....^..20 ARTICLE 13 - PAYMENTS TO DESIGN/BUILDER AND COMPLETION .-..-,..,..-..-,.-.,.-..-...-......2y 13.01 Schedule of Values ^^'.^.........,.....................,--,.......-.....,.......,.u......-.,..2A 13�02 Application for Progress Pument .,._-_...,..,........ ........-....... ..-...,............... ..-........ ...... 20 13.03 Review of for ress Payments '.-'.^-^.--^--.-.^`.'-,.-..-`.'-~'-..-..'`~'`~.2V Dlications 13.04 nty of Title esign/Builder's .......,...,......,...,.....,.................~...,..........30 Substantial13.05 ....... ...... ...................................................................................... .......................................... }0 13.06 Partial Utilization ............................................................... ..................................................... ........................................ 0 13.07 Final ection ..,...................,......,...,....-,.............-......,-.....,........]l Final13.08 .~^...^...-^.......~'..,'~`...,...,^........~.^'`..~^...^..^.,..-.^.,.^.`^.....3l 13.09 Final letion Detayed .-........,..,....-.,.........,.........,-.,...,.......,..,......... 31 Waiver13.10 ....................... ....................................................................................................................................... 32 ARTICLE 14 - SUSPENSION OF WORK AND TERMINATION ,...,.....-.-,--,.-,.-...-..,.--..,.-..-32 14.01 Owner May Suspend Work .......................,..,...,.............,...,......,....,.......32 14.02 Owner May Terminate for Cause ,.........,-.,-...........,......,..-.......-..,...............32 14.03 Owner Mav Terminate for Convenience .~....._..................,................,.....-..-..]2 14.04 an/Builder May Stop Work or Terminate i ....-..,-........,.....................,.............33 ARTICLE 15 -DISPUTE RESOLUTION .................... --`'-^',^~....................................................................................... 33 ARTICLE 16 - MISCELLANEOUS .,....-.........-..,.......,-....,.............,.................,.33 16.01 ...-....,..,......,,......,..............-..-,..............,......,.........33 Computation16.02 ......................................... ............................................................................................................. 33 16,03 tive ..,......,.........,......,..,.........,...,..-...........,.........,...,B Survival -,......,......,,............-...,....,....,.........,...,.............34 16.05 Controlling Law .-.....,,-...........,............-..-..-........,...,...,...,......,..,.34 EJCDC D,700 S [a ndaidGenet a I Condi I tons of the Contract Berween Ownerand Desigii/Bui [der ight(02UO2 Nanwii Tile 09300 Wall Tile: Recycled ceramic, 4"x4" Glazed, premium grade, Thin set application TCA Method W243, colored grout. Apply over cementitious backer board at shower stalls and plumbing walls. Floor Tile: Unglazed recycled ceramic 2x2 size group 2 colors, Portland Cement thick set application TCA method Fl 11. All colors to be selected by the Architect. Acoustical 09510 Acoustical panel: 2'x4' exposed grid, "second -look" tegular Ceilings edged tile, non -directional textured pattern, standard color, non - fire rated. 25%-100% recycled content Synthetic Sports 09625 Work includes rubber sheet sports surfacing for fitness areas Surfacing and running track, as described in the Drawings. Similar to Mondo Speckleflex, or approved equal. Fitness Center: Homogeneous, non -layered, integrally colored sheet consisting of natural and synthetic rubbers vulcanized with mineral aggregates. Minimum recycled content 50% Dimensions: 5/16" thick x 6' wide roll. Color: As selected by the Architect Adhesive per manufacturer recommendation, lowVOC Running Track: Homogeneous, non -layered, integrally colored sheet consisting of natural and synthetic rubbers vulcanized with mineral aggregates. Minimum recycled content 50% City of Fort Collins Northside Aztlan Center Page 42 Resilient Wood 09644 Gymnasium wood flooring: Flooring 1. 6 mil polyethylene vapor barrier over concrete substrate. 2. 7/16" resilient PVC pad, 90% recycled content 3. Two layers'h" CDX plywood. 4. 33/32x 2-1/4" grade 3 or better, T&G and EM hard maple Flooring strips. Aerobics wood flooring: 1. 6 mil polyethylene vapor barrier over concrete substrate. 2. 50D durometer resilient pads, 90% recycled content 3. Two layers'/2" CDX plywood. 4. 33/32x 2-1/4" grade 3 or better, T&G and EM hard maple flooring strips. For all maple flooring, a minimum of 50% of maple shall bear the "smart wood" seal of the Forest Stewardship Council of Rainforest Alliance. 3"x4" ventilating type perimeter base. Carpeting 09680 Sheet Carpet: Furnish and install commercial broadloom carpet in direct glue -down installation as shown in the Drawings. Materials: Solution dyed nylon, textured loop, 36 oz./yd with woven polypropylene backing. Carpet Tiles: Furnish and install commercial carpet tiles as shown in the Drawings. Materials: Modular 50cm x 50cm Solution dyed nylon. Color and pattern to be selected by the Architect Recycled PVC backed. Low-VOC adhesive. City of Fort Collins Northside Aztlan Center Page 43 +Y ...x A Painting 09900 Work Included: Paint and finish all interior and exterior surfaces unless specifically designed to be unfinished or unpainted. All paint shall be less than 120gram/liter VOC. DIVISION 10: SPECIALTIES Toilet 10155 Compartments Identifying 10400 Devices General Paint Schedule: 1. Hollow metal work, handrails, guardrails: Prime+ 2 coats urethane enamel. 2. Other ferrous metals, Exterior: Prime+2 coats alkyd enamel, gloss. 3. Other ferrous metals, Interior: Prime+ 2 coats alkyd enamel, semi gloss. 4. Galvanized Metals, Exterior: Prime+2 coats alkyd enamel, gloss. 5. Galvanized Metals, Interior: Prime+2 coats alkyd enamel, semi gloss. 6. Interior Wood, Opaque Finish: Enamel undercoat + 2 coats alkyd enamel, semi gloss. 7. Interior Wood, Transparent finish: Vinyl sealer + 2 coats pre-catalized lacquer (AWI System #2) 8. Interior Gypsum Drywall: Prime + 2 coats latex enamel, eggshell. 9. Interior Gypsum Drywall, Wet Areas and Wainscots: Prime + 2 coats epoxy enamel, gloss. 10. Concrete Block, Wet Areas:Epoxy glaze coating W/ two coats filler on block, water based system. Metal for multi -fixture toilet rooms. Type: Floor supported. Wall -hung urinal screens Room Identification. Life safety {code} Signage Building Identification. Informational and directional signage. City of Fort Collins Northside Azdan Center Page 44 « .. A Lockers 10505 Provide single and two tier metal lockers as shown on plans. Lockers are to be 16 gauge sheet steel. Lockers are 12" wide x 18" deep w1 lock system to accommodate padlocks. Finish to be baked enamel over phosphated steel, color selected from standard colors. Coat hooks: One double prong coat hook per locker. Accessories: end uprights, end finishing panels, top and end filler panels. Fire Protection 10520 Recessed Fire Extinguishers Cabinets with stainless steel finish Specialties in public areas. Wall -mount extinguisher brackets in mechanical and electrical rooms. 10 lb. Multi -purpose extinguishers. 10 lb. Carbon dioxide type in electrical closet. Toilet Accessories 10810 Refer to toilet accessory schedule in the Drawings. Accessories are to include: Toilet paper holders Feminine napkin disposals Feminine napkin vendors Utility shelves Grab bars Paper towel dispensers Soap dispensers Hand dryers Hair dryers Baby change tables Towel hooks City of Fort Collins Northside Aztlan Center Page 45 DIVISION It: EQUIPMENT Fitness Equipment 11000 Fitness Studios: Wall mounted, oscillating fans. Mirrors Grab bars Fitness Rooms: Wall mounted, oscillating fans in cardio area. Television 11138 Furnish and install television mounting brackets and blocking Mounting Systems as described in the Drawings. Heavy gauge steel bracket with 300 lb. Load capacity, monitor size 27", 180 degree tilt. Gymnasium 11485 Furnish and install all gymnasium equipment as described in Equipment the Drawings. Equipment Included: 1. Motorized, retractable basketball backstops. 2. Motorized, vertical lift divider curtain. 3. Volleyball standards and floor sleeves. 4. Fixed basketball backstops. Entrance Mats 12486 5. Furnish and install aluminum frame, polypropylene fiber recessed entrance mats as described in the Drawings. CONVEYING SYSTEMS Hydraulic Elevator 14200 Provide one, pre-engineered design, hydraulic passenger elevator. Rating: 2500 lb. 125 fpm, front opening. Standard service type car. 2 stops Standard accessory and finish selections. City of Fort Collins Northside Aztlan Center Page 46 DIVISION 15: MECHANICAL, PLUMBING AND FIRE PROTECTION SYSTEMS PLEASE REFER TO PAGE 12 IN THIS SECTION DIVISION 16: ELECTRICAL SYSTEMS PLEASE REFER TO PAGE 20 IN THIS SECTION INTERIOR ROOM NISHES INTERIOR ROOM FINISHES: Entry Vestibule Floors: Stained Concrete Base: Ceramic tile -recycled content Walls: Aluminum Framed glass storefront Ceiling: Painted exposed structure Specialties: N/A Casework: N/A Door Typs: Aluminum storefront, ADA auto -operators Entry Lobby and Floors: Stained Concrete Public Corridors Base: Ceramic tile -recycled content Walls: Painted gyp -board and exposed sealed colored concrete masonry Ceiling: Painted exposed structure Casework: Control desk, reception desk section, fully wired with power, tele/data. Central control for lighting and security. Specialties: Sound and P/A system controls Doors: Aluminum and glass entrance doors, ADA auto -operators. Ground Level Floors: Stained Concrete Public Corridors Base: Ceramic tile -recycled content Walls: Painted gyp -board and exposed sealed colored concrete masonry Ceiling: Painted Gyp -board, open to above Specialties: N/A Casework: N/A Doors: HM frames, stained wood doors, stained wood trim Public Restrooms Floors: Base: Walls: Ceiling: Ceramic tile -recycled content Ceramic tile -recycled content Painted CMU, CT at wet walls 9' high Painted gyp -board Specialties: Toilet Accessories Casework: Solid Plastic vanity counters, toilet partitions Doors: HM frames stained wood doors, stained wood trim City of Fort Collins Northside Aztlan Center Page 47 Vending Floors: Linoleum Base: Linoleum Walls: Painted gyp -board and exposed sealed colored concrete masonry Ceiling: Painted Gyp -board Casework: N/A Specialties: Rough -in for vending machines Doors: N/A Lounge Floors: Stained Concrete border, Carpet tile inset Base: Ceramic tile Walls: Painted gyp -board and exposed sealed colored concrete masonry Ceiling: Painted exposed structure Casework: N/A (furnishings in owner FF&E budget) Specialties: N/A Doors: N/A Intergenerational Floors: 50% carpet tiles, 50% Linoleum Social Area Base: Carpet Walls: 10' high 2x4 grid ceiling Casework: Wainscot chair rail Specialties: Individual Sound system Door Types: HM frames, sealed wood doors Kitchen Floors: Seamless acrylic, non -slip Base: Seamless acrylic Walls: Painted concrete block Ceiling: 9' high vinyl clad 2x4 grid ceiling Specialties: Food service equipment (owner's HE budget) Casework: Stainless steel counters Door Types: HM frames, sealed wood doors Storage Rooms Floors: Sealed Concrete or carpet depending on use Base: Carpet Walls: Painted gyp -board Ceiling: 10' high 2x4 grid ceiling Specialties: Steel utility shelving (FFE) Casework: N/A Door Types: To match associated room type City of Fort Collins Northside Aztlan Center Page 48 •.... ,.lad , Computer Lab Floors: Carpet Tile, anti -static Base: Carpet Tile Walls: Painted gyp -board Ceiling: 9' high 2x4 grid ceiling w/ 2x2 groove appearance Specialties: N/A Casework: N/A Door Types: HM frames, stained wood doors, stained wood trim Multi Purpose Floors: Carpet, one room shall have linoleom Rooms Base: Carpet Walls: Painted gyp -board Ceiling: 10' high perimeter painted gyp -board soffit, 2x4 grid ceiling w/ 2x2 groove appearance Classrooms Janitor Closets, Elev Machine Room, Elect Closets, Etc City of Fort Collins Northside Aztlan Center Specialties: Recessed motorized projection screens, electric motorized folding partitions between rooms, sound system, lighting control system, trophy case. Casework: Clear sealed wood, sink, upper cabinets Door Types: HM frames, sealed wood doors, sealed wood trim Floors: 50% carpet, 50% Linoleum Base: Carpet Walls: Painted gyp -board Ceiling: 10 ` high 2x4 grid ceiling w/ 2x2 groove appearance Specialties: Operable Accordion partition Casework: Plastic Laminate base cabinets Child Sitting Room: Plastic Laminate base and upper cabinets, Sink, Restroom with children scaled fistures and accessories. Door Types: HM frames, stained wood doors, stained wood trim Floors: Sealed concrete Base: none Walls: Painted gyp -board Ceiling: exposed construction Specialties: N/A Casework: N/A Door Types: To match associated room type Page 49 STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1. Addenda — Written or 2raDhic instruments issued prior to the opening of Proposals which clarify. correct or change the Request for Proposals or the Contract Documents. 2. Agreement— The written instrument which is evidence of the agreement between Owner and Design/Builder covering the Work 3. Application for Payment — The form which is to be used by Design/Builder in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 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. 5. Bonds — Performance and payment bonds and other instruments of security. 6. Change Order — A written order which is signed by Design/Builder and Owner which 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. 7. Claim — A demand or assertion by Owner or Design/Builder seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a claim. 8. Conceptual Documents — The drawings and specifications and/or other graphic or written materials, criteria and information concerning Owner's requirements for the Project, such as design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, including those items enumerated in the Request for Proposals which show or describe the character and scope of, or relate to, the Work to be performed or furnished and which have been prepared by or for Owner. 9. Construction — The result of performing or furnishing of labor, the furnishing and incorporating of materials and equipment into the Work and the furnishing of services (other than Design Professional Services) and documents, all as required by the Contract Documents. 10. Construction Subagreement — A written agreement between Design/Builder and a construction Subcontractor for provision of Construction. 11. Contract — The entire and integrated written agreement between Owner and Design/Builder concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents — Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. 13. Contract Price — The moneys payable by Owner to Design/Builder for completion of the Work in accordance with the Contract Documents. 14. Contract Times — The numbers of days or the dates stated in the Agreement to (i) to achieve Substantial Completion and (ii) to complete the Work so that it is ready for final payment as evidenced by Owner's Representative's written recommendation for final payment, and in accordance with paragraph 13.08. 15. Design/Builder — The individual or entity with whom Owner has entered into the Agreement 15a. Design Materials — Any and all documents shop drawings, electronic information data plans drawings, sketches, illustrations specifications descriptions, models and other information developed prepared, furnished delivered or required to be delivered by the Design/Builder (a) to the Owner under the Contract Documents or (b) developed or prepared by the Design/Builder specifically to discharge its duties under the Contract Documents. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Desigri/Builder Copyright V)2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 1 Staff Office Area Floors: Carpet Base: Carpet Walls: Painted gyp -board Ceiling: 9' high 2x4 grid ceiling w/ 2x2 groove appearance Specialties: N/A Casework: Built-in case and upper cabinets in common work areas, (Office furniture in owner's FF&E budget) Door Types: HM frames, sealed wood doors Family Lockers Floors: Ceramic tile -recycled content and Change Base: Ceramic tile -recycled content Rooms Walls: oil -modified acrylic painted CMU, ceramic tile on wet walls Ceiling: 9' high oil -modified acrylic painted gyp -board Specialties: Toilet partitions -solid plastic, toilet accessories Casework: Solid plastic countertops, recycled wood benches Door Types: HM Frames and doors Gymnasium Floors: Maple wood flooring system over resilient pads Base: vented rubber base Walls: painted concrete masonry, and impact resistant gypsum wall panels. Ceiling: Painted exposed construction Specialties: Basketball backboards, divider curtains, volleyball floor sleeves, aluminum tip&roll bleachers Casework: Cubbies Door Types: Painted HM frames, sealed wood doors w/ light Boxing/ Wrestling Floors: Resilient rubber sports flooring -recycled content Gymnasium Base: rubber base Walls: painted impact resistant gypsum wall panels. Ceiling: Painted exposed construction Specialties: N/A Casework: Cubbies Door Types: Painted HM frames, sealed wood doors City of Fort Collins Northside Aztlan Center Page 50 Aerobic/Dance Floors: Resilient wood sports flooring system Studio Base: Vented rubber base Walls: Painted gyp -board Ceiling: I F high 2x4 grid ceiling Specialties: Wall mounted oscillating fans, full height mirrors on two walls, ballet bar, sound system Casework: Cubby storage and bench Door Types: HM frames, sealed wood doors Fitness Center Floors: Roll goods resilient sports flooring Base: Sport Flooring up to 12" for durable base Walls: Painted gyp -board Ceiling: 12' high 2x4 grid ceiling Specialties: Wall mounted oscillating fans, full height mirrors on walls, wall mounted TV brackets Casework: N/A Door Types: N/A Running Track Floors: EPDM granule track flooring Base: Track flooring Walls: Painted exposed concrete block Ceiling: Painted exposed construction Specialties: Pace clock Casework: N/A Door Types: HM frames, HM doors with full-lite glass City of Fort Collins Northside Aztlan Center Page 51 Design -Build Proposal City of Fort Collins Northside Azdan Center Design -Build May 20, 2005 SUSTAINABLE DESIGN The Pinkard/Sink Combs Dethlefs/Aller Lingle design team shares the City's commitment to the sustainable design of buildings in our environment. The most thorough measuring stick of a building's sustainable merits is the US Green Building Council's Leadership in Energy & Environmental Design (LEED) Program. The City's intent to earn a LEED Silver Certification for this project has influenced the overall design and construction cost in a variety of ways and is reflected in the design drawings, outline specifications, engineering system descriptions, and the guaranteed maximum price for construction. The following checklist is meant to summarize our approach to the sustainable design aspects of this building as well as document the LEED points that we anticipate being most appropriate for this project and its specific design requirements. However, it should also be noted that throughout the design process, we will continue to evaluate these strategies for appropriateness, cost, relationship to the owner's expectations and most importantly long-term benefits to the City, Staff and Users. Therefore, this checklist should be viewed as a working document that may continue to evolve, but will always strive for the total design to meet the Silver Certification Level. Recreation facilities are very unique buildings in regard to their use patterns and architectural requirements. We think it is very important to recognize those features of this building type that distinguish it from more traditional buildings such as offices or residences. Recreation buildings generally contain very widely differing volumes of space, sporadic use patterns with highly active heat generating users, and longer hours of operation. For this reason, the energy efficiency of recreation facilities should be a primary target for sustainability. Users also visit recreation centers for the benefits to their overall health and wellness. Their priorities may include a building with better indoor environmental quality, better indoor air quality, and natural light and ventilation. And finally, community and recreation centers need to be durable to stand the test of abuse over time. For this reason, we cannot simply use materials solely for their recycled content but instead for their longevity and durability. It is always better to specify materials that will last longer and avoid an early trip to the landfill than those that simply provide up -front benefits. The proposed design is reflective of these priorities, and the design team will assist the City in making these sustainable value decisions throughout the design process. The proposed point column in the following LEED checklist includes (1) or more points for credits that we intend to achieve or (0) points for those credits that are not realistic, cost prohibitive or not applicable to the project. The list also includes credits that are described as "maybe" which reflect strategies that may be feasible and desirable, but require either more detailed analysis, cost estimating, or feedback from the City staff whether they are indeed achievable. Sustainable .S1te5 14 Possible Points Credit Description Points Points Possible Proposed Prereq I Erosion & Sedimentation Control Required Included Credit 1 Site Selection 1 1 Credit 2 Urban Redevelopment 1 1 Credit 3 Brownfield Redevelopment 1 1 Credit 4.1 Alternative Transportation. Public Transportation Access 1 1 Credit 4.2 Alternative Transportation, Bicycle Storage & Changing Rooms I 1 Credit 4.3 Alternative Transportation, Alternative Fuel Vehicles 1 maybe Credit 4.4 Alternative Transportation, Parking Capacity I I Credit 5.1 Reduced Site Disturbance, Protect or Restore Open Space 1 maybe Credit 5.2 Reduced Site Disturbance, Development Footprint I 1 Credit 6.1 Stormwater Management, Rate and Quantity 1 1 Credit 6.2 Stormwater Management, Treatment I 1 Credit 7.1 Heat Island Effect, Non -Roof 1 maybe Credit 7.2 Heat Island Effect, Roof 1 1 Credit 8 Light Pollution Reduction I 1 Total Sustainable Sites 14 11 Water Effldency 5 Possible Points Credit 1.1 Water Efficient Landscaping, Reduce by 50% 1 1 Credit 1.2 Water Efficient Landscaping, No Potable Use or No Irrigation 1 0 Credit 2 Innovative Wastewater Technologies 1 0 Credit 3.1 Water Use Reduction, 20% Reduction 1 1 Credit 3.2 Water Use Reduction, 30% Reduction I maybe Total Water Efficiency 5 2 Energy & Atmosphere 17 Possible Points Prereq 1 Fundamental Building Systems Commissioning Required Included Prereq 2 Minimum Energy Performance Required Included Prereq 3 CFC Reduction in HVAC&R Equipment Required Included Credit I Optimize Energy Performance 1-10 2 Credit 2.1 Renewable Energy, 5% 1 0 Credit 2.2 Renewable Energy, 10% 1 0 Credit 2.3 Renewable Energy, 20% 1 0 Credit 3 Additional Commissioning l 1 Credit 4 Ozone Depletion 1 maybe Credit 5 Measurement & Verification 1 0 Credit 6 Green Power I 1 Total Energy & Atmosphere 17 4 Materials & Resources 13 Possible Points Prereq l Storage & Collection of Recyclables Required Included Credit 1. l Building Reuse. Maintain 75% of Existing Shell 1 0 Credit 1.2 Building Reuse, Maintain 100% of Shell 1 0 Credit 1.3 Building Reuse, Maintain 100% Shell & 50% Non -Shell 1 0 Credit 2.1 Construction Waste Management. Divert 50% 1 1 Credit 2.2 Construction Waste Management, Divert 75% 1 0 Credit 3.1 Resource Reuse, Specify 5% 1 0 Credit 3.2 Resource Reuse, Specify 10% 1 0 Credit 4.1 Recycled Content, Specify 5% (p.c. + 1/2 p.i.) I 1 Credit 4.2 Recycled Content, Specify 10% (p.c. + 1/2 p.i.) 1 1 Credit 5.1 LocaURegional Materials, 20% Manufactured Locally I 1 Credit 5.2 Local/Regional Materials, of 20% in MRc5. L 50% Harvested I maybe Locally Credit 6 Rapidly Renewable Materials 1 0 Credit 7 Certified Wood I 1 Total Materials and Resources 13 5 Indoor Environmental Oualitv 15 Possible Points Prereq I Minimum IAQ Performance Prereq 2 Environmental Tobacco Smoke (ETS) Control Credit I Carbon Dioxide (CO2 ) Monitoring Credit 2 Ventilation Effectiveness Credit 3.1 Construction IAQ Management Plan, During Construction Credit 3.2 Construction IAQ Management Plan, Before Occupancy Credit 4.1 Low -Emitting Materials, Adhesives & Sealants Credit 4.2 Low -Emitting Materials, Paints Credit 4.3 Low -Emitting Materials, Carpet Credit 4.4 Low -Emitting Materials, Composite Wood Credit 5 Indoor Chemical & Pollutant Source Control Credit 6.1 Controllability of Systems, Perimeter Credit 6.2 Controllability of Systems, Non -Perimeter Credit 7.1 Thermal Comfort, Comply with ASHRAE 55-1992 Credit 7.2 Thermal Comfort, Permanent Monitoring System Required Included Required Included maybe t maybe maybe Credit 8.1 Daylight & Views, Daylight 75% of Spaces I 1 Credit 8.2 Daylight & Views, Views for 90% of Spaces 1 0 Total Indoor Environmental Quality 15 9 Innovation & Design Process 5 Possible Points Credit 1.1 Innovation in Design -Education 1 1 Credit 1.2 Innovation in Design 1 0 Credit 1.3 Innovation in Design 1 0 Credit 1.4 Innovation in Design 1 0 Credit 2 LEEDIm Accredited Professional I 1 Total Innovation & Design Process 5 2 Project Totals Possible Proposed Points Points *minimum required total for Silver Certification is 33 points. 69 33* Design -Build Proposal City of Fort Collins Northside Azdan Center Design -Build May 20, 2005 No Text No Text IN aim 2� BMW IWIL li to I, 7,11 ALAi fill 4' l a'All - 6 � I 1111 f: II\cll P� 16. Design Subagreement — A written agreement between Design/Builder and a design professional for provision of Design Professional Services. 17. Design Professional Services — Services related to the preparation of Drawings, Specifications, and other design submittals specified by the Contract Documents and required to be performed by licensed design professionals, as well as other services provided by or for licensed design professionals during Bidding/Negotiating, Construction, or Operational phases. 18. Drawing — Those portions of the Contract Documents prepared by or for Design/Builder and approved by Owner consisting of drawings, diagrams, illustrations, schedules and other data which show the scope, extent, and character of the Work. 19, 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. 20. Field Order — A written order issued by Owner which orders minor changes in the Work in accordance with Article 9 — Changes in the Work; Claims, but which does not involve a change in the Contract Price or the Contract Times. 21. Hazardous Environmental Condition — The presence at the Site of Asbestos, Hazardous Waste, PCBs, Petroleum Products or Radioactive Materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto on connection wifh the Work. 22. Hazardous Waste — The teen 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. 23. 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. 23a. Leval Holidays — Those holidays observed by the City of Fort Collins. 24. Liens — Charges, security interests or encum- brances upon real property or personal property. 25. 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. 26. Notice of Award —The written notice by Owner to the successful proposer stating that upon compliance by the successful proposer with the conditions precedent included therein, within the time specified, Owner will sign and deliver the Agreement. 27. Notice to Proceed — A written notice given by Owner to Design/Builder fixing the date on which the Contract Times will commence to run and on which Design/Builder shall start to perform the Work. 28. Owner — The individual or entity with whom Design/Builder has entered into the Agreement and for whom the Work is to be performed. 29. Owners Consultant — An individual or entity with whom the Owner may contract to furnish services to Owner with respect to the Project and who is identified as such in the Supplementary Conditions. 30. 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. 31. PCBs — Polychlorinated biphenyls. 32. 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. 33. 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. 34. Proposal — The documents submitted by Design/Builder in response to the Request for Proposals setting forth the design concepts, proposed prices, and other conditions for the Work to be performed. 35. 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. 35a. Regular Working Hours — 7:00 a.m, to 6:00 p.m., Monday through Friday, unless otherwise specified in the Contract Documents. 36. Request for Proposals —The document prepared by or for Owner specifying and describing Owner's EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 272002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 2 . ,A Design -Build Proposal City of Fort Collins Northside Azdan Center Design -Build May 20, 2005 EPA Water , Treatment Facility I k Native Grasses Gravel Service Drive r' Basketball Court Hand Ball Court (2) Maintained Turf Service Drive 9 n J.� Parking Count ADA Car 13 ADA Van 2 9'x19' Stall 161 Total 176 i 0 25 50 100 300 Ft .114 Design -Build Proposal City of Fort Collins Northside Azdan Center Design -Build May 20, 2005 n SOUTH ELEVATION nnI inn ■�� OEM m IN m NMI I II III SHE 11 �■ Co- ■■ ■■ i. i :� olln [in III o i l MEE MEN NEW ENE ENE IiG sir � .. �� �rirFT, , Design -Build Proposal City of Fort Collins Northside Aztlan Center Design -Build May 20, 2005 r I 4LLER LINGLE � 1 LLLJJJ on ARCHITECT PinkardConstrUCtlSI\AI\IIMISS❑F.IIILI:FK I maw of Fort Collins I woRTs P.C. GFIISASR %I ELECTRICAL. L 164SSF _ F\SRFST 0 It YCHP 1CS1 bSF FR 166 5 E �26' SF. - ROO11 1J i'_v S.f y )IF\'S LOCKER ROOM Nil .(CHANK M 200S. P. FL k Ql IPl r COMPLTER LAB SOS S.F. 1 I\TGRGE\ER.ATIONAL SOCIAL AREA 1210 S.F. } CI.ASSR00%l 36,sI (I.ASSROOM3 440 S.F CLASSROOM I 408 S.F. SFTTI\G STOR. RR 1 f AREA CLASSROOM 4 3R4SF C U C FA. YCIIA6 •NO�ItAS5 11O R R OMEN'S R OMr - RESTROOM 16h S.F. _..-- , 267SE \kWI-N'S LKR. ROOM SCOEAG S:F_' 21-''SF. EMIA*jI�A_JT ,.� OFF3 OFFICE 2 OFF!CE I 101S.F. 105S.F 100SF. NtUI TIPURPOSF _ COMM)A ROOM ORKR Om 'AORKSTATIO\ 1148 S-F- P - 21S&V 114 S.FIT } 1 %MMEV''S MEWS RR I �- 1P \. STORAGE 630 S.F. �a 7 `F S'FSTIBUIF �1 GYMNASIUM STORAGE NO S.F LSF LOADING. Rf-.CLIVISG 390SI'- MELTIR RPOSF I Mt LTI-P'CRPOSE ROOM B ROOM C 1247 S.F. 1189 S F. STORAGE i objectives and the procedure to be followed in preparing and submitting a Proposal and awarding a contract. 37. Resident Project Representative — The authorized representative of Owner who may be assigned to the Site or any part thereof. 37a. 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 shall be u� daed. 38. Schedule of values — A schedule prepared by Design/Builder and acceptable to Owner indicating that portion of the Contract Price to be paid for each major component of the Work. 38a. Shop Drawings — All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for Design/Builder and submitted by Design/Builder to illustrate some portion of the Work. 39. Site — Lands or other areas designated in the Contract Documents as being furnished by Owner upon which Construction is to be performed, including rights -of - way and easements for access thereto, and such other lands furnished by Owner which are designated for use of Design/Builder. 40. Specifications — The part of the Contract Documents prepared by or for Design/Builder and approved by Owner consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and, certain administrative details applicable thereto. 4 41. Subcontractor — An individual of entity other than a Supplier having a direct contract with DesigniBuilder or with any other Subcontractor for the performance of a part of the Work. 42. Submittal — A written or graphic document prepared by or for DesignlBuilder which is required by the Contract Documents to be submitted to Owner by Design/Builder. Submittals may include Drawings, Specifications, progress schedules, shop drawings, samples, cash flow projections, and Schedules of Values. Submittals other than Drawings and Specifications are not Contract Documents. 43. Substantial Completion — The time at which the Work (or a specified part) has progressed to the point where it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions — The part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier— A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with Design/Builder or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Design/Builder or any Subcontractor. 45a. Underground Facilities — All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water, 46. Unit Price Work — Work to be paid for on the basis of unit prices. 47. Work — The entire construction or the various separately identifiable parts thereof required to be performed of furnished under the Contract Documents. Work includes and is the result of performing or furnishing Design Professional Services and Construction required by the Contract Documents. 48. Work Change Directive — A written directive to Design/Builder, issued on or after the Effective Date of the Agreement and signed by Owner ordering an addition, deletion or revision in the Work, or responding to differing site conditions under which the Work is to be performed or to emergencies. 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. 1.02 Terminology A. Intent of Certain Terms or Adjectives: 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2. The word "defective." when modifying the words "Construction" or "Work" refers to Construction or Work that is unsatisfactorv, faulty, or deficient in that E1CDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright (02002 National Society of Professional Engineers for E.ICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 3 i Second Floor Plan i 4x 4 City of Fort Collins Design -Build Proposal 0t1, of Fort Collins Northside Aztlnn Center —Design-Build Mav 20, 2005 No Text R7U-1 =.aA, City of Fort Collins Design -Build Proposal Cite of Fort Collins Northside Aztlan Center Design -Build May 20, 2005 No Text Mkrud Constmction YATSYNG SHE SlADDAID. North Aztlan Community Center CLARIFICATIONS Design Build Estimate May 20, 2005 STANDARD REQUIREMENTS 1. This budget estimate is based on the plans and specifications in this proposal as prepared by Aller Lingle/Sink Combs Dethlefs with the following clarifications. 2. One complete bid package is anticipated for subcontract biding. 3. Addendums 1, 2, 3 and 4 have been incorporated into this proposal. 4. The site design is based on the grading information provided by the city showing the grading after completion of the soccer field work currently under construction. 5. Offsite development and Willow St right of way improvements are not included. 6. A standard warranty of 12 months. 7. Unless otherwise noted, all materials are assumed to be selected from the manufacturer's standard colors. 8. Any alternates (i.e. value engineering, etc.), allowances or design information as proposed for the project is identified for cost parameters only. All appropriate approvals (i.e. architect, engineers, building department, etc.) must be made before acceptance and proceeding with. 9. All costs are based on standard workdays, 8 hours per day, 5 days per week. 10. Pricing is firm for 30 days. DIVISION 01 GENERAL REQUIREMENTS INCLUSIONS: 1. Our proposal is based on a construction start date of October 2007 with an executed contract, notice to proceed, full building permit and receipt of final construction documents. 2. Our proposal is based on a construction duration of 9 1/2 months per the attached schedule. 3. Four percent (4 %) construction contingency based on construction cost. 4. A construction fee of four and three quarter percent (4.75%). 5. A pre -construction fee of $80,000. 6. Umbrella Liability. 7. General Liability Insurance. 8. Professional liability insurance with a $2,000,000 limit. 9. Building Permit and plan review fees. 10. Access to temporary electric and water services on site. 11. The specified allowance of $75,000 is included for costs associated with the hazardous site conditions. Page I of I City of Fort Collins Design -Build Proposal City o f ' Fort Collins Northside Az tlan Center —Design-Build Mav 20, 2005 PinftrdConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: Aller Lingle/SCD Gross SF: 49.800 DESIGN BUILD ESTIMATE DESIGNBUILD ESTIMATE UNIT TOTAL COST SYSTEMS SUMMARY QUANTITY UNIT COST COST PER SF NOTES 01 SITE DEVELOPMENT $ 1,032,078 $20.72 02 FOUNDATIONS & S.O.G. $ 583,878 $11.72 03 STRUCTURE $ 925,030 $18.57 04 EXTERIOR ENVELOPE $ 654,419 $13.14 05 INTERIOR FINISHES $ 1,034,270 $20.77 06 SPECIALTIES, EQUIPMENT & FURNISHINGS $ 244,008 $4.90 07 SPECIAL CONTT. & CONVEYING SYSTEMS $ 36,000 $0.72 08 MECHANICAL $ 876,983 $17.61 09 ELECTRICAL $ 693,460 $13.92 10 TENANT FINISH $ - $0.00 SUBTOTAL BUILDING COSTS $6,080,125 $122.09 GENERAL CONDITIONS 9.50 MO $49,001 $465,510 $9.35 BUILDING PERMIT and Plan Review 6,545.63 M$ $5.00 $32,728 $0.66 USE TAX City of (0.00°/a x 50% valuation) % $0 $0 $0.00 Exempt INSURANCE, Liability $6,578 M$ $6.60 $43,417 $0.87 INSURANCE, Builders Risk - M$ $0.48 $0 $0.00 By Owner DESIGN 1.00 LS $602,000.00 $602,000 $12.09 REIMBURSABLE COSTS 1.00 LS $45,000.00 $45,000 $0.90 ESCALATION COSTS % NA CONSTRUCTION FEE 4.75 % $72,688 $345,267 $6.93 BOND, Payment and Performance Bond 1.01 % $76,140.47 $76,902 $1.54 PRECONSTRUCTION SERVICES 1.00 LS $80,000 $80,000 $1.61 CONTINGENCY, Construction 4.00 % $71,239 $294,958 $5.72 TOTAL PROBABLE CONSTRUCTION COST 49,800 SF $8,055,907 1 $161.77 Page 1 of 10 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 Owner's final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion) provided that the defect was not caused by Owner. 3. The word "furnish," when used in connection with services, materials, or equipment shall mean to supply and deliver said services materials or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 4. The word "install." when used in connection with services materials or equipment shall mean tout into use or place in final position said services, materials or equipment or equipment complete and ready for intended use. 5. The words "perform" or "provide" when used in connection with services, materials or equipment shall mean to furnish and install said services, materials or equipment complete and ready for intended use. 6. When "furnish," `install " "perform " or "provide" is not used in connection with services materials, or equipment in a context clearly requiring an obligation of DesignBuilder, "provide" is implied 7. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with that meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When Design/Builder delivers the executed Agreements to Owner, Design/Builder shall also deliver to Owner such Bonds as Design/Builder may be required to furnish in accordance with paragraph 5.01.A. 2.02 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, 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. Unless agreed tc .., ..riti g byOwne—and 2.03 Starting the Work A. Design/Builder shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.04 Before Starting the Work A. DesignlBilders Review of Contract Documents: Before undertaking each part of the Work, Design/Builder shall carefully study and compare those Contract Documents prepared by Owner and check and verify pertinent figures therein and all applicable field measurements. DesignBuilder shall promptly report in writing to Owner any conflict, error, ambiguity, or discrepancy which Design/Builder may discover and shall obtain a written interpretation or clarification from Owner before proceeding with any Work affected thereby; however, Design/Builder shall not be liable to Owner for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Design/Builder knew or reasonably should have known thereof. B. Preliminary Schedules: Within 10 days after commencement of the Contract Times (unless otherwise specified in the Contract Documents), Design/Builder shall submit the following to Owner for its timely review: 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. A preliminary schedulet of Submittals which will list each required Submittal and the times for submitting, reviewing and processing each Submittal in no case will a schedule be acceptable which allows less than seven (7) calendar days for each review by owner. 3. A preliminary Schedule of Values for all of the Work which will include quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work Such prices will include an appropriate amount of overhead and profit applicable to each item of Work: and 4. A preliminary cash flow projection estimating that portion of the Contract Price to be due during each month of performance. E.ICDC D-700 Standard General Conditions of the Contract Between Ownerand Design/Builder Copyright (02002 NalianaI Society of RofessionaI Engineers for E.ICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 4 4 0 PinkardConstruction RAISING 7H£ STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Coffins, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: AHer Lingle/SCD Gross SF: 49,800 DESIGN BUILD ESTIMATE 01 SITE DEVELOPMENT UNIT TOTAL COST DESCRIPTION QUANTITY UNIT COST COST PER SF NOTES LIYLVLLLLVIY. Curb Cuts DEMO: Asphalt Paving - Curbs & Gutters Sidewalks Concrete Paving Landscaping - No Salvage Pump House, Pump, Piping, Etc. - Electrical Vault Misc. Existing Site Finishes - Remove/Salvage Playground Equipment - Demolish Existing Rec Center Building - Remove/Abandon Electrical Services Remove & Salvage Light Pole & Fixture - Allow For "Level C" Personal Protective Equipment SURVEYING: Site, Utility, & Building Surveying CONTAMINATION DISPOSAL: SITE EARTHWORK: Site Fence and Signs - Temporary - Site Access Roads and Maintenance - Erosion Control Clear and Grub, Strip Topsoil - Site Cuts/Fills - Overexcavation Under Building Slab - Import Fill - Under Building S.O.G. - ±3'-6" - Import/Compact 2' Ave. Fill On Site Finish Grading/Respread Topsoil - Allow For "Level C" Personal Protective Equipment - Allow For "Level C" Equipment Decontamination SITE UTILITIES: - Domestic Water, 2" Copper 2" Meter Pit - Temporary 6" Water Line - Abandon Temp Water Line To Existing Building - Hydrants 6" Fire Hydrant - Temporary Sanitary Sewer Relocation Sanitary Sewer, 6" PVC, To New Building Abandon Existing & Temporary Sanitary Sewer - Manholes - Connections at Street - Allow For "Level C" Personal Protective Equipment SITE DRAINAGE- - Storm Piping, Roof Drain Leaders - Storm Piping - PVC & RCP - Head Walls - Pond Outlet - Catch Basins, Inlets - Allow For "Level C" Personal Protective Equipment ASPHALT PAVING: Subgrade Prep - Scarify and Re -compact 4" Asphalt Paving 8" Class C Aggregate Roadbase Add Fly -ash To Subbase Prep - Dove Lanes, 7" Full Depth W/Scarification - Parking Areas, 6" Full Depth W/Scarification Striping - Utility Patch In Willow Street 42,000 1,100 2,100 7,600 1 1 1 1 1 1 I EA SF SF SF SF LS EA EA LS LS LS LS EA 258,400 SF SITE I LS 2,400 LF 2,584 SF ROAD 258,400 SF SITE 258,400 SF SITE None None 1,664 CY 19,641 CY 258,400 SF SITE 24 1 396 191 1 465 660 I 2 LF EA LF LF None Req'd EA LF Included LF EA EA $500.00 $0.30 $2.50 $1.00 $1.00 $2,500.00 $1,200.00 $750.00 $5,000.00 $3,840.00 $50,000.00 $2,500.00 $500.00 $0.00 $0.12 $75,000.00 $3.10 $4.00 $0.02 $0.05 $2.50 $2.50 $10.00 $8.00 $0.10 $0.00 $0.00 S40.00 $2,500.00 $50.00 $5.00 $0.00 $5,500.00 $32.00 $0.00 $.5.00 $1,800.00 $1,500.00 $0.00 $500 $o $12,600 $2,750 $2,100 $7,600 $2,500 $1,200 $750 $5,000 $3,840 $50,000 $2,500 $500 $0 $31,008 $75,000 $7,440 $10,336 $5,168 $12,920 $0 $0 $16,639 $157,129 $25,840 $0 $0 $960 $2,500 $19,800 $955 $0 $5,500 $14,880 $o $3,300 $1,800 $3,000 $0 $0.01 $0.00 $0.25 $0.06 $0.04 $0.15 $0.05 $0.02 $0.02 $0.10 $0.08 $1.00 $0.05 $0.01 $0.00 $0.62 $1.51 $0.15 S0.21 $0.10 $0.26 $0.00 $0.00 $0.33 $3.16 $0.52 $0.00 $0.00 $0.02 $0.05 $0.40 $0.02 $0.00 $0.11 S0.30 $0.00 $0.07 W04 $0.06 $0.00 None $0 $0.00 None $0 $0.00 None $3,000.00 $0 $0.00 Existing $6,500.00 $0 $0.00 None $0 $0.00 $0.00 $0 $0.00 10,594 SY $1.00 $10,594 $0.21 10,594 SY $9.40 $99,588 $2.00 10,594 SY $4.80 $50,853 $1.02 - Not Incl. S4.00 $0 $0.00 - None $14.50 $0 $0.00 - None $13.20 $0 $0.00 180 EA CAR $4.50 $810 $0.02 I Allow $2,500.00 $2,500 $0.05 At Entrance Turn Over To Owner Include Haul Debris With Specified Allowance Specified Allowance With Specified Allowance With Specified Allowance Abandon Balance With Specified Allowance With Specified Allowance Page 2 of 10 PinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Co1Bns Architect: Adler Lingle/SCD Gross SF: 49,800 SITE CONCRETE: - Concrete Paving 4,500 SF $3.75 $16,875 $0.34 - Concrete Sidewalk 5,802 SF $3.00 $17,406 $0.35 - Concrete Plazas & Patios 6,875 SF 54.00 $27,500 $0.55 - Concrete Pool Decks None $0.00 $0 $0.00 - Pool Deck Trench Drains, Concrete and Pavers None $0.00 $0 $0.00 - Concrete Curb and Gutter 4,710 LF $10.00 $47,100 $0.95 - City Cross Pans I EA $3,500.00 $3,500 $0.07 LANDSCAPING: - Seed, Sod, Plants, Rock, Mulch, Etc 108,436 SF $1.25 $135,545 $2.72 - Sprinkler System 108,436 SF $0.50 $54,218 $1.09 SITE SIGNAGE: - Monument Signs 1 EA $10,000 $10,000 $0.20 - Traffic Signs 18 EA $125.00 $2,250 $0.05 SITE AMENITIES: - Outdoor Racquetball Courts - Slabs & Wall Concrete Footings 100 LF 545.00 $4,500 $0.09 Excavate & Backfill Footings 115 CY $12.00 $1,380 $0.03 Concrete Walls - 8" Thk. x 12' High 1,200 SF $20.00 $24,000 $0.48 5" Concrete Slab On Grade 1,600 SF $3.50 $5,600 50.11 Fine Grade Under Slabs 1,600 SF $0.35 $560 $0.01 Skim Coat And Paint Walls 3,200 SF $0.75 $2,400 $0.05 Paint Game Lines 2 EA $300.00 $600 $0.01 - Outdoor Basketball Court: - Court Paving -3" Full Depth Asphalt 6,400 SF $0.83 $5,333 50.11 - Pole Mounted Backstops 2 EA $1,800.00 $3,600 $0.07 - Painted Game Lines I LSUM $600.00 $600 $0.01 - Power and Lighting 1 In Elect. $0.00 $0 $0.00 - Basketball Equipment By Owner $0.00 $0 $0.00 - New Playground Area & Equipment Installation By Owner $0.00 $0 $0.00 Skate Park Paving -3" Full Depth Asphalt 10,500 SF $0.83 $8,750 $0.18 Skate Park Equipment By Owner $0.00 $0 $0.00 - Trash Receptacles & Benches I LSUM $3,500.00 $3,500 $0.07 - Fencing None $0.00 $0 $0.00 - Retaining Walls None $0.00 $0 $0.00 - Trash Enclosure - With Gates 1 1 $6,500.001 $6,500 $0.13 SUBTOTAL SITEDEVELOPMENT $1,032,079 $20.72 Page 3 of 10 PinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Azdan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: Aller Lingle/SCD Gross SF: 49.800 DESIGN BUILD ESTIMATE 02 FOUNDATIONS & S.O.G. UNIT TOTAL COST DESCRIPTION QUANTITY UNIT COST COST PER SF NOTES - Foundation Trenching 1,029 CY $6.50 $6,690 $0.13 - Basement Excavation CY $2.75 $0 $0.00 - Hand Excavation CY $50.00 $0 $0.00 BACKFILL: - Around Building 1,029 CY $8.00 $8,234 $0.17 - Haul Off Excess Material - CY $1.50 $0 $0.00 DEWATERING: - Foundation Trench LS $2,500.00 $o $0.00 - Caissons LS $5,000.00 $o $0.00 With Allowance SHORING- - Cantilevered Wood Lagging System SF $35.00 $0 $0.00 DEEP FOUNDATIONS: - Drilled Piers, 18" Dia, Avg depth = 20' 2,480 LF PIER $35.00 $86,800 $1.74 At interior for slab - Drilled Piers, 24" Dia, Avg depth = 20' Cased 863 LF PIER S45.00 $38,835 $0.78 At Building Perimeter - Drilled Piers, 30" Dia, Avg depth = 30' LF PIER $48.00 $0 $0.00 - Drilled Piers, 36" Dia, Avg depth = 30' LF PIER $62.00 $0 $0.00 - Pier Caps, 6x2'x3' 43 EACH $400.00 $17,260 $0.35 - Pier Caps, 3'x3'x2' EACH $225.00 $D $0.00 FOOTINGS: - Continuous Footing - CY $200.00 $0 $0.00 - Continuous Footing at Gym Wall CY $150.00 $0 $0.00 - Pad Footing CY $425.00 $0 $0.00 FOUNDATION WALLS: - Grade Beam Walls, 3.5' High x 8" Thick SF $12.75 $0 $0.00 - Grade Beam Walls, 3.5' High x 12" Thick 3,616 SF $22.50 $81,349 $1.63 - Grade Beam Walls, 3.5' High x 15" Thick SF $14.25 $0 $0.00 - Grade Beam Walls, 3.5' High x 19" Thick SF $16.25 $0 $0.00 - Grade Beam Walls, 3.5' High x 24" Thick SF $18.75 $0 $0.00 - Basement Walls, 14" Thick Up To 16' High SF SIT40 $0 S0.00 - Basement Walls, 19" Thick Up To 16' High SF $19.55 $0 $0.00 - Form Liner SF $5.00 $0 $0.00 - Pilasters EA $400.00 $0 $0.00 - Equipment 3 MO $6,000.00 $18,000 $0.36 - Wall Bracing During Backfill - SF $2.00 $o S0.00 STRUCTURALSLAB - 6" Structural Slab on Void Form 37,437 SF $8.50 $318,215 $6.39 - 5" Concrete Pool Deck W/#3C 18" o.c. SF $4.50 $0 $0.00 - 3" Topping in Locker Rooms SF $1.75 $0 $0.00 - Pool Deck Drain w/ Pavers SF $55.00 $0 $0.00 - Granular Subgrade, 4" Gravel TON $22.00 $o $0.00 - Post Tensioned Slab On Grade SF $8.00 $0 $0.00 FOUNDATION INSULATION- - 2" EPS, 24" vertical 3,616 SF $1.75 $6,327 $0.13 FOUNDATION WATERPROOFING: - Membrane Systems W/Drainage Board - SF $3.50 $0 $0.00 - Damproofing 3,616 SF $0.60 $2,169 $0.04 FOUNDATION DRAINAGE SYSTEM: - Perforated PVC, Draina a Fabric, Gravel - LF $23.00 $0 $0.00 Page 4 of 10 PinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: ABer Lingle/SCD Gross SF: 49,800 DESIGN BUILD ESTIMATE 03 STRUCTURE tuTITYDESCRIPTIONUNIT UNIT TOTAL C COST COST PER SF NOTES ., Structural Steel, Composite and Bar Joist System 49,800 SF $13.50 $672,300 $13.50 - Structural Steel, Beams and Deck at Roof SF $0 $0.00 - Structural Steel, Framing and Deck for Lighthouses SF $0 $0.00 - Structural Steel, Framing and Deck for Canopies SF $0 $0.00 - Structural Steel Frame/ Arched Bar Joists & Deck SF $0 S0.00 - Structural Steel Frame/ Bar Joists & Deck SF $0 S0.00 - Pre -Engineered Structure at Gym - SF $10.25 $0 $0.00 - Cast -In -Place Concrete SF $14.00 $0 $0.00 - Wood - Paralam Beams and Wood Deck SF $20.75 $0 $0.00 CORE WALLS: - Precast Concrete, 10" Walls SF $18.00 $0 $0.00 - Cast -In -Place Concrete, 10" Walls - SF $18.00 $0 $0.00 - Masonry, 8" Block Std Grey, Interior and Exterior SF $10.00 $0 $0.00 - Masonry, 12" Block Std Grey, Interior and Exterior SF $12.00 $0 $0.00 - Masonry, 8" Block SF $0 S0.00 CONCRETE SLAB TOPPING: - Topping Slab, 3" 12,363 SF $3.25 $40,180 $0.81 - Mech Penthouse, 6" SF $3.50 $0 $0.00 FRAME FIREPROOFING: - Cementitious SF $0.85 $0 $0.00 STAIRS: - Metal Pan, Concrete Infill 4 EA PUT $6,000.00 $24,000 $0.48 - Precast Concrete EA FLT $0.00 $0 $0.00 MISCELLANEOUS METALS: - Misc. Metals 49,800 GSF $0.75 $37,350 $0.75 - Guardrails at Stairs, Openings and Balconies 265 LF $220.00 $58,300 $1.17 - Guardrails at Running Track 492 LF $150.00 $73,800 $1.48 - Handrailing LF $75.00 $0 $0.00 - Roof Screening 1-1/2" roof steel deck LF $225.00 $0 $0.00 - Pipe Bollards 20 EA $350.00 $7,000 $0.14 - Folding Partition Support 121 LF $100.00 $12,100 $0.24 Page 5 of 10 PinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: AIIer Lingle/SCD Gross SF: 49,800 DESIGN BUILD ESTIMATE 04EXTERIOR ENVELOPE UNIT TOTAL COST DESCRIPTION EXTERIOR SK!NT QUANTITY UNIT COST COST PER SF NOTES yMasonry - Brick Veneer 5,414 SF $16.00 $86,624 $1.74 - Masonry - CMU 1,735 SF $9.00 $15,615 $0.31 - Kalwall Panel System SF $33.00 $0 $0.00 - Stucco 14,859 SF $9.00 $133,731 $2.69 - Metal Panels, Sheet Metal, Ribbed 824 SF $T50 $6,180 $0.12 - Architectural Precast SF $55.00 $0 $0.00 ROOFING: - EPDM Memb., Ballasted, R=20 Polyiso. - SF ROOF $2.25 $0 $0.00 - TPO Memb., Mech. Attached, R=30 Polyiso. 34,206 SF ROOF $6.00 $205.236 $4. 12 - EPDM Memb., Fully Adhered, R=30 Polyiso. SF ROOF $4.50 $0 $0.00 - Asphalt Shingles, 3-Tab SF ROOF $0.95 $0 $0.00 - Clay Or Concrete Tile SF ROOF $0 $0.00 - Standing Seam Metal Roof and Insulation 3,495 SF ROOF $14.00 $48,930 $0.98 ROOF BLOCKING: - Wood, Parapet Cap 932 LF CAP $4.00 $3,728 $0.07 - Parapet Wall Sheathing, 1/2" plywood 1,726 SF WALL $2.00 $3,452 $0.07 FLASHING & SHEETMETAL - Parapet Cap Flashing 932 LF $10.00 $9,320 $0.19 - Fascia EA $20.00 $0 $0.00 - Gutters 1,100 LF $8.00 $8,800 $0.18 - Downspouts 290 LF $8.00 $2,320 $0.05 BUILDING INSULATION: - Thermal Wall Batts, RI I SF $0.50 $0 $0.00 - Thermal Wall Batts, R19 31,228 SF $0.75 $23,421 $0.47 - Firestopping - GSF $0.10 $o $0.00 EXTERIOR SOFFIT: - Soffit Framing & Sheathing SF $8.00 $0 $0.00 CAULKING & SEALANTS: - Caulking 25,724 GSF SKIN $0.35 $9,003 $0.18 STOREFRONT AND WINDOWS: - Clear Anodized Alum, Low E Glass, Grey Tint 2,396 SF $29.00 $69,484 $1.40 -Clear Story 496 SF $29.00 $14,384 $0.29 - Aluminum Entrance Doors, YX8' 8 EACH $1,500.00 $12,000 $0.24 CURTAINWALL SYSTEM- - 7.5" Anod. Alum., Low E Glass W/Grey Tint - SF $52.00 $0 $0.00 ROOFING ACCESSORIES: - Roof Hatch I EA $750.00 $750 $0.02 - Roof Pavers, 24"x24" 40 EA $12.00 $480 S0.01 - Skylights EA $0 $0.00 OVERHEAD DOORS: - Overhead Door, 16 GA, Insulated 80 SF DOOR $12.00 $960 $0.02 - Counter Door SF DOOR $25.00 $0 $0.00 SUBTOTAL EXTERIOR ENVELOPE $654,419 $13.14 Page 6 of 10 PinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Azdan Community Center FL Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft ColBns Architect: After Lingle/SCD Gross SF: 49,800 DESIGN BUMD ESTIMATE OS INTERIOR FIWSRES UNIT TOTAL COST DESCRIPTION QUANTITY UNIT COST COST PER SF NOTES �.nnrniv i n r . - Blocking & Backing 49,800 SF $0.25 $12,450 $0.25 - Telephone Board, 4'x8' EA $75.00 $0 $0.00 FINISH CARPENTRY: - Millwork 1 LS $20,000 $20,000 $0.40 - Cabinets & Countertops 45 LF $275.00 $12,375 $0.25 - Bathroom Countertops 150 LF $40.00 $6,000 $0.12 - Control Desks, Check In Counters 50 LF $550.00 $27,500 $0.55 DOORS & HARDWARE: - HM Frame with HM Door 14 EA LEAF $500.00 $7,000 $0.14 - HM Frame with SC Wood Door, Red Oak 45 EA LEAF $525.00 $23,625 $0.47 - HM Stainless Steel or Aluminum Frame & Door EA LEAF $1,500.00 $0 $0.00 - HM Window Frame 34 EA $150.00 $5,100 $0.10 - Pair Of Fire Doors EA PR $1,500.00 $0 $0.00 - HM Window Frames EA $125.00 $0 $0.00 - Finish Hardware, Allowance 59 EA SET $350.00 $20,650 $0.41 INTERIOR GLAZING: - Mirrors 500 SF $8.00 $4,000 $0.08 - Interior Storefront System - SF $22.00 $0 $0.00 - Interior Aluminum and Glass Doors 2 EA $850.00 $1,700 $0.03 - Sidelights, Windows 684 SF $10.00 $6,840 $0.14 STEEL STUDS & DRYWALL: - Perimeter Stud Framing, 6" 18 ga, W/Ext Gyp. 31,228 SF $9.00 $281.052 $5.64 - Perimeter Stud Framing, 8" 18 ga, W/Ext Gyp. SF $10.25 $0 $0.00 - Perimeter Stud Framing, 12" 18 ga, W/Ext Gyp. SF $1175 $0 S0.00 - Interior Stud Framing, 6" 20 ga, W/ Gyp. I Side SF $5.00 $0 $0.00 - Fur -Out Perimeter Walls SF $2.25 $0 $0.00 - Fur -Out Interior Columns SF S2.25 $0 $0.00 - Interior Partitions 21,813 SF $3.75 $81,798 $1.64 - DW Ceilings 3,492 SF S4.25 $14,841 $0.30 - Stucco and Cement Board Ceilings SF $9.50 $0 $0.00 - Shaft Wall SF $6.50 $0 $0.00 INTERIOR MASONRY - Masonry Walls, 12" Split Face SF $12.00 $0 $0.00 - Masonry Walls, 8" Split Face SF $10.50 $0 $0.00 - Masonry Walls, 8" SF $10.00 $0 $0.00 - Stone Veneer - SF $23.00 $0 $0.00 CEILINGS: - Suspended Acoustical Lay -In, 2x2 .5,482 SF $1.75 $9,594 $0.19 - Suspended Acoustical Lay -In, 2x4 4,424 SF $1.25 $5,530 $0.11 - Acoustic Clouds in Community Room SF $30.00 $0 $0.00 - Acoustic Panels SF $10.00 $0 $0.00 WALL FINISHES: - Ceramic Tile, Restroom Wet Walls 3,728 SF $7.00 $26,096 $0.52 - Glass Mosaic Tile, Exterior Walls SF $18.00 $0 $0.00 - Tile Allowance at Great Hall West Walls & Pool SF $13.50 $0 $0.00 - Vinyl Wall Covering SF $2.00 $0 $0.00 FLOORING: - Resilient Flooring, VCT SF $2.00 $0 $0.00 - Rubber Treads, Landings at Stairs SF $o $0.00 - Carpeting 1,000 SY $30.00 $30,000 $0.60 - Mondo Sports Action Sports Flooring 7,116 SF $8.00 $56,928 $1.14 - Running Track, Poured in Place Polyurethane 3,506 SF $9.00 $31,554 $0.63 - Ceramic Tile 2,695 SF $6.50 $17,518 S0.35 - Quartz Epoxy Flooring SF $5.00 $o S0.00 - Porcelain Tile w/ Stone Accents at Great Hall SF $12.00 $o $0.00 - Quarry Tile at Kitchen 617 SF $9.00 $5,553 $0.11 - Wood Cushioned Floor 868 SF $10.00 $8,680 $0.17 - Wood Gym 18,462 SF $7.50 $138,465 $2.78 - Sealed Concrete 4,077 SF S0.50 $2,039 $0.04 - Stained Concrete 3,459 SF $5.50 $19,025 $0.38 Page 7 of 10 PinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Colim, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: Aller Lingle/SCD Gross SF: 49,800 BASE: -Vinyl or Rubber 1,575 LF $1.10 $1,733 $0.03 - Wood LF $8.50 $0 $0.00 - Tile, 1,875 LF $6.00 $11,250 $0.23 - Tile, at Lobby & Kitchen LF $15.00 $0 $0.00 PAINTING: - Drywall 78,345 SF $0.45 $35,255 $0.71 - CMU - SF $0.55 $0 $0.00 - Doors & Frames 59 EA $100.00 $5,900 $0.12 - Metals, Stairs 4 FLT $300.00 $1,200 $0.02 - Exposed structure 36,402 SF $0.50 $18,201 $0.37 - Exposed Structure in Pool Area SF $0.90 $0 $0.00 - Miscellaneous Exterior 1 LS $20,000 $20,000 $0.40 - Stain Millwork 1 LS $20,000 $20,000 $0.40 DUMPSTERS, CLEAN UP and FINAL CLEANING: 49,800 SF $0.90 $44,8201 $0.90 SUBTOTAL INTERIOR FJWSRES $1,034,270 $20.77 Page 8 of 10 A. . '& PinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: Alter Lingle/SCD Gross SF: 49,900 DESIGN BUILD ESTIMATE 06 SPECIALTIES, EQUIP AVD FURNISZUNGS DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST COST PER SF NOTES Toilet Partitions, Metal, (Floor Mounted) 12 EA STALL $450.00 $5,400 $0.11 - Urinal Screens, Metal 2 EA STALL $125.00 $250 $0.01 - Lockers, Metal Single Tier 12x 18x60 60 EA $200.00 $12,000 $0.24 - Lockers, Metal Double Tier 12xl8x60 120 EA $250.00 $30,000 $0.60 - Lockers, Metal Triple Tier 12xI8x60 EA S475.00 $0 $0.00 - Bath Accessories 20 EA WC S400.00 $8,000 $0.16 - Fire Extinguishers & Cabinets 15 EA $195.00 $2,925 $0.06 - Postal Equipment LS $1,600.00 $0 $0.00 - Operable Partitions 1,212 SF $32.00 $38,784 $0.78 - Knox Box 3 EA $650.00 $1,950 $0.04 SIGNAGE: - Interior Building Signage 59 EA $55.00 $3,245 S0.07 - Directory Board l EA $1,200.00 $1,200 $0.02 - Building Signage I LS $9,000.00 $9,000 $0.18 RAISED COMPUTER FLOORING: SF $14.00 $0 $0.00 EQUIPMENT: - Projection Screens 96 SF $26.00 $2,496 $0.05 - Food Service Equipment - SF KITCH $38.00 $0 $0.00 - Athletic Equipment- Basketball Goals operable 10 EA $6,900.00 $69,000 $1.39 - Athletic Equipment- Basketball Goals non -operable 8 EA $2,850.00 $22,800 $0A6 - Gym Divider Curtain 3,600 SF $8.50 $30,600 $0.61 - Artificial Turf and Hanger System SF S4.50 $0 $0.00 - TV Brackets 4 EA $525.00 $2,100 $0.04 - Electric Score Board EA $0 $0.00 - Parking Equipment - Gate at Entry EA S6,500.00 $0 $0.00 LOADING DOCK EQUIPMENT: - Dock shelters EACH $0 $0.00 - Dock levelers EACH $0 $0.00 - Dock Bumpers SET $0 $0.00 WINDOW COVERING: - Draperies & Curtains SF $30.00 $0 $0.00 - Horizontal Mini Blinds 719 SF GLASS $1.75 $1,258 $0.03 ENTRANCE MAT: 100 SF $30.00 $3,000 $0.06 FURNITURE & FIXTURES (FF&E) LS $0 $0.00 By Owner SUBTOTAL SPECIALTIES, EQUIP. AND FURNISIMVGS $244,008 S4.90 DESIGN BUILD ESTIMATE 07 SPECIAL CONST. & CONVEYING SYST. UNIT TOTAL COST DESCRIPTION QUANT UNIT COST COST PER SF NOTES POOLS: EA $0 $0.00 Allowance SAUNAS: EA $0 $0.00 ESCALATORS: EA $0 $0.00 ELEVATORS: Traction STOPS $0 $0 $0.00 Hydraulic 2 STOPS $17,000 $34,000 $0.68 Cab Finish Allowance I EA $2,000 $2,000 $0.04 DUMBWAITERS: LF $0 $0.00 TRASH OR LINEN CHUTES: LF $0 $0.00 PNEUMATIC TUBE SYSTEMS: SF $0 $0.00 sL CONST. & Page 9 of 10 4 10 FinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Azdan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: ABer Lingle/SCD Gross SF: 49,800 DESIGN BUILD ESTIMATE 08MECHANICAL DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST COST PER SF NOTES PLUMBING SYSTEMS: GSF $0 $0.00 Incl In HVAC - Core Restrooms, - Roof Drains - Floor Drains - Gas Piping HN.A.C. SYSTEMS: 49,800 GSF $15.80 $786,833 $15.80 RTU's - VAV Boxes, Fan Powered W/Elect. Reheat - Medium Pressure Duct Work - Exhaust Fans - Kitchen Hood - LS $0.00 $0 $0.00 FIRE PROTECTION: 49,800 GSF $1.75 $87,150 $1.75 - Wet -Pipe System, Light Hazard - Semi -Recessed Chrome Heads - Fire Pump EA $0 $0.00 Not Included - Standpipes LF $0 $0.00 Not Included - Underground to 5' out I LS $3,000.00 $3,000 $0.06 SUBTOTAL MECHANICAL $876,983 $17.61 DESIGN BUILD ESTIMATE 09FLECTRICAL UNIT TOTAL COST DESCRIPTION QUANTITY UNIT COST COST PER SF NOTES ELECTRICAL SYSTEM: 49,800 GSF $13.76 $685,300 $13.76 - Service and Distribution - Interior Lighting - Lighting Controls - Power Distribution - Phone/Data Conduit - Fire Detection System - Security System Conduit - Site Lighting Light Pole Bases 14 EA $600.00 $8,160 $0.16 - Mechanical Connections Page 10 of 10 City of Fort Collins Design -Build Proposal City of Fort Collins Northside Aztlan Center Design -Build May 20, 2005 C. Evidence of Insurance: Before any Work at the Site is started, Design/Builder and Ownef shall eaeh defi ei to th etheF, eef4ifieates of instifanee as FeqtiiFed purehase and maintain in aeeefdanee with Artiele 5. shall deliver to Owner certificates of insurance (and other evidence of insurance requested by Owner) which Design/Builder is required to Durchase and maintain in accordance with Article 5 — Bonds and Insurance 2.05 Initial Conference A. Within twenty days after the Contract Times start to run, Design/Builder will arrange a conference attended by Owner and Design/Builder and others as appropriate to establish a working understanding among the parties as to the Work and to discuss the design concepts, schedules referred to in paragraph 2.04.13, procedures for handling Submittals, processing Applications for Payment, maintaining required records, items required pursuant to paragraph 8.0I.A.6 and other matters. 2.06 Initial Acceptance of Schedules A. At least ten days before submission of the first Application for Payment (unless otherwise provided in the Contract Documents), Design/Builder will arrange a conference attended by Design/Builder, Owner and others as appropriate to review for acceptability the schedules submitted in accordance with paragraph 2.04.B. Unless otherwise provided in the Contract Documents, before any work at the site begins, a conference attended by Design/Builder, Owner's Representative and others as designated by Owner will be held to review for acceptability to Owner as provided herein the schedules submitted in accordance with paragraph 2.04.13. Design/Builder 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 Design/Builder until the acceptable schedules are submitted to Owner. 1. The progress schedule will be acceptable to Owner if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on Owner responsibility for the progress schedule, for sequencing, scheduling or progress of the Work not - interfere with nor relieve DesignBuilder from Design/Builder's full responsibility therefor. 2. Design/Builder's schedule of Submittals will be acceptable to Owner if it provides a workable arrangement for reviewing and processing the required Submittals. 3. Design/Builder's Schedule of Values will be acceptable to Owner as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be designed and constructed in accordance with the Contract Documents. Any labor, documentation, services, 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 at no additional cost to Owner. C. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "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 Owner 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 Owner 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 any provision of the Contract Documents. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws or Regulations. I. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code, or Laws or Regulations in effect on the last day for receipt of Proposals except as may be otherwise specifically stated in the Contract Documents. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright r02002 National Society of Profession al Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 5 IIIP4 Fi'nkard DIISIGuBUII1)FSI1 vrr. I'uAeJ Il.tl a. �IIIIII.IOC ,\/I IAII (i1111 I111IIllh i�Cilll'1 0 ) (I111111111,111\ Ll'Ill fl [SI 13RI.:A61111A1A IYI I'.AI CO51 COS I III SI I)I A190\ Iit ]I.R,A1 Il'I IONS l ,, dl,.IIJil �. IIt ...Y _1...1 j4l41 I r, II. I I Ilk 1I kid IIIi al V IIIOI I,] I)IA [SHIN 1 to)IIJ t 1 sec ca- I "I ll 1) IA ISl()A': Sill. IA OR I, V. pl, J 1 I'u 1 ,, iIlk I mJ,:1[ 111, li I , Ili 11 �I S.I 'L' ; •:I SURIM A1-]MISION2 ,un, unt anm IMISIOA t: ('IIS( Itl.11 114 - n ..i Ilu ;IinJ. 1ik,] Sn l•� ANSI O I.AI :I)ICISI(1\ 1 5 600,678 512.06 OICISIO) l: AI:ASOAIt\ IAI 1C...(\I 11111, VA 11, Ili ,F,AALn—ll, Ar rvci SIPJ.Ju '�i mHill 1A DI", ISI()A1 S Ilrz �lU vnc M', ISIOA 5: S I I I I Slilil M III: IMISIOA 5 PIt,MON o: C,AItMN11 S f.I,;l (eiprnin I _i nh;a [,r¢h Ahll,t. nl. SI'6IM AI : ]M IYOA b r, SMY S,; DINISIOA 7: 1III I1 A AIOIS II: I<I. PROD. I .ci pt...'.... ..il. ui„�' ':N. Ian• I unJ., tl. i I)l n_n Sll Zirl Iv la., 1 I :.[I Ip a,,, -',I i.l .. O L u'.Id_rv,; In iil Ili i_ Punt^ppll4: l,' ,4'1 �r 1 . Un I'rn)anlnry nN I'Ilrpla 11 n;1 � Li St III 10 1 :111 : 111%MON 7 1., Udlo: %I,,, 2(I, 21105 l)\1Ill'(: (III I11 1 Cillll ll� ,\Ichilri l: �\II,�1I In;;ll�/SCI) U nia. SI< J9, NI111 III�4 Fi'nkard Pat, AIa, _10, 21105 0„n" ('iI, Ili 11 I, lif , V111OO l:.AII,, 1 n(;I, SIC 1) (Imp. SI : 49,S00 PI SIGN IBUIEI) ESHNIA "IE 11... 'lI Il,na: Vunh"O, ,Ai11"u, Com nwni„ ( "0" bl. Cnllln.. CU Cunununih (role, I)IN h1US S= 10MRti IN, N1INM)N S Il.:id,, I, 2a, Kl Bl(11 \I: IIIN'ISIUSd $ 165,741 S3. it MINIS[()A 9: 1 INISM S �.... @ lnc.,. it u.41- .I ' �l psi .II, I IIlk ck B., SI','I� -11 Ph„ , 11 I I I� i., I Sulu 1 (..u: n'„ 1 Io �i L SIB If11,A1: UIC [SR)" 9 S 1,020761 $20.50 DIN ILL Sill c I AI 111 S , l'aiwL n'N 0 SUilMAI:IAV1910S1n C 112,754 S2.26 ]ON 1%10A 11, 1 Q111vAIIS. l I SciLnxr. cl'n,"W SI'I31M AI :IONISI(IS I I S 126,996 S2.5S ONISR)" I I'URSISIIIAOS 1l mJ ,u .,,IIn, SI. " ALuv V, I1rni3OlnN` Si, lUn yi�m SI:BIM VI: I,INISIl 12 50.119 IMISIUS 13: SPI L IAI C'0WRITl1U1 ,I(iul ", nl SIBIYtf.` IIRISIItA 13 S - S0.00 I)I A'ISI11S Id: ('(1SA'I 1I]❑ iYSI I'.NIS ..i. 1, AI ( i.., ,.,,nu �tn,l lllu 4 51- 13 IMAI : I,IA' ISIUA 14 A JN000 SO72 DIA ISIU] 15: Nil c HAM( Al P 1!11i Ill IIA At I n, P�,.l,iln coil I 5: el "1 SC BIMAI : I,INISIOS 15 S 876 NRl S17.61 DICISII IA I6:I1.1.CIItIC,AI Sn`li,4n1', j I , a SIililM Al DI',ISIUS It, S 693460 SI3.92 St ItIU1 AI S 7, 445,682 Q47.511 ,:IAIR.AI ('OAI A(lttN ll I PRI,UV', I R L i' I I)A 1111(l.y ign01' �I rl ( UA<IPt ( [ 0V(11A I IAUP PRIM cI I m:AI. $ 5,1155, 907 SI61.77 4. , ,'1A PinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Collins, CO Community Center CSI BREAKDOWN TOTAL COST COST PER SF DIVISION 1: GENERAL CONDITIONS - General Conditions $465,510 $9.35 - Permits $32,728 $0.66 - Insurance $43,417 $0.87 - Design and Reimbursable Costs $647,000 $12.99 - Bond $76,902 $1.54 SUBTOTAL: DMSION 1 1,233,337 $25.41 DIVISION 2: SITE WORK - Demolition $91,840 $1.84 - Surveying $31,008 $0.62 - Earthwork $325,395 $6.53 - Site Utilities $52,695 $1.06 - Asphalt Paving $164,346 $3.30 - Site Concrete $112,381 $2.26 - Landscaping/Irrigation $189,763 $3.81 - Site Amenities $79,573 $1.60 SUBTOTAL: DIVISION 1,047,001 DIVISION 3: CONCRETE - Caissons $142,895 $2.87 - Concrete Foundations $99,349 $1.99 - Slab -On -Grade $318.215 $6.39 - Deck Slabs $40,180 $0.81 - Concrete Structure $0 $0.00 - Precast Concrete $o $0.00 SUBTOTAL: DIVISION 3 $ 600,638 $12.D6 DIVISION 4: MASONRY - CMU Core Walls, CMU Interior Walls $0 $0.00 - Brick & Masonry Veneer $102,239 $2.05 SUBTOTAL: DIVISION 9 1 , , DIVISION 5: STEEL - Structural/Misc. Steel $884,850 $17.77 - Roof Screen $0 $0.00 SUBTOTAL: DIVISION 5 894,850 $17.77 DIVISION 6: CARPENTRY - Rough Carpentry $19,630 $0.39 - Finish Carpentry/Millwork $65 875 $1.32 SUBTOTAL: DIVISION 6 DMSION 7: THERMAL & MOISTURE PROT. - Foundation Waterproofing & Insulation $8,496 $0.17 - Foundation Drain $0 $0.00 - Kalwall Panel System $0 $0.00 - Roofing $255,396 $5.13 - Flashing & Sheetmetal $26,620 $0.53 - Building Insulation/Firestopping $23,421 $0.47 - Spray -On, Cementitious Fireproofing $0 $0.00 - Caulking $9,003 $0.18 SUBTOTAL: DIVISION 7 rp 322,937 4 Date: May 20, 2005 Owner: City of Ft Collins Architect: Aller Lingle/SCD Gross SF: 49,800 ,. PinkardConstruction RAISING THE STANDARD. DESIGN BUMD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Collins, CO Community Center DIVISION 8: DOORS & WINDOWS - Doors, Frames & Hardware - Storefront/Curtainwa0 - Glass/Mirrors - Special Doors SUBTOTAL: DIVISION 8 DIVISION 9: FINISHES - Steel Studs & Drywall - EIFS/Stucco - Acoustical Ceilings Tile - Carpet, Vinyl Tile & Base - Wood Floors - Stained and Sealed Concrete - Paint/Wallcoverings - Final Cleaning, Progressive Clean Up SUBTOTAL: DIVISION 9 DIVISION 10: SPECIALTIES - Toilet Partitions & Accessories Signage - Misc. Specialties SUBTOTAL: DIVISION 10 DIVISION 11: EQUIPMENT - Equipment SUBTOTAL: DIVISION 11 DIVISION 12: FURNISHINGS - Window Coverings - Entrance Mats/Misc. Furnishings SUBTOTAL: DIVISION 12 DIVISION 13: SPECIAL CONSTRUCTION - Special Construction SUBTOTAL: DIVISION 13 DIVISION l4: CONVEYING SYSTEMS - Elevators/Misc. Conveying Systems SUBTOTAL: DIVISION 14 DIVISION 15: MECHANICAL Plumbing 14VAC - Fire Protection SUBTOTAL: DIVISION 15 DIVISION 16: ELECTRICAL - Electrical SUBTOTAL: DIVISION 16 a $56,375 $1.13 $95,868 $1.93 $12,5401 $0.25 $377,691 $7.58 $133,731 $2.69 $15,124 $0.30 $60,417 $1.21 $120,215 $2.41 $147,145 $2.95 $21,063 $0.42 $100,556 $2.02 $44,820 $0.90 1,020,761 $136501 $0.27 $13:445 $0.27 $1,258 1 $0.03 $0 1 50.00 $786,833 $15.80 SUBTOTAL 7,345, 147.50 GENERAL CONTRACTOR FEE $ 345,267 $6.93 PRECONSTRUCTION SERVICES $ 80,000 $1.61 CONSTRUCTION CONTINGENCY $ 284,958 $5.72 PROJECT TOTAL _ t6 Date: May 20, 2005 Owner: City of Ft Collin Architect: ARer Lingle/SCD Gross SF: 49,800 h tlA' v5 City of Fort Collins Design -Build Proposal City of Fort Collins Northside Az flan Center —Design-Build May 20, 2005 Pinkard Construction RAISING THE STANDARD. Northside Azdan Community Center Design Build Proposal Estimate BUDGET CURRENT ESTIMATE ACCEPTED COSTS NEW BASE ESTIMATE** Above / (Below) Target Cumulative Deducts Cumulative Totals 20-May-05 COST ANALYSIS REPORT $8,000,000 $8,055,907 $0 $8,055,907 $55,907 ($189,399) $257.245 $0 m **Note that accepted costs are reflected in the base estimate total. Whenever costs are accepted the base estimate will be revised. Item Date Description of Item Resp. Proposed Accepted Rejected Action Action C.O. Conclusions/Comments # Est. Cost Cost Cost Needed by Date # 1 20-May-05 Provide a subgrade fume mitigation system below $193,591 To be considered an allowance the building slab with perforated pipe and a pending design coordination with membrane with venting at the roof. Owner's representative. 2 20-May-05 Reuse material from existing center, e.g. wood TBD Will require in depth survey of flooring, toilet partitions, fixtures, etc. existing and review with owner. 3 20-May-05 Use one operable partition in lieu of two in the ($12,297) community rooms. 4 20-May-05 Use concrete for the skate park area as suggested in $25,458 Addendum # 1 in lieu of asphalt. Existing area is asphalt. 5 20-May-05 Use helical piers at the structural slab in lieu of ($32,147) Pending engineering. caissons. 6 20-May-05 Use asphalt shingles in lieu of metal roofing at the ($24,249) Pending LEED considerations. sloped areas. 7 20-May-05 Provide LEED certified building in lieu of Silver ($120,706) rating. 8 20-May-05 Use a pre-engineered metal building structure for TBD Pending review of appropriate use the gym area in lieu of structural steel. and skin options with owner. 9 20-May-05 Provide for a $5 Million professional liability $66,647 insurance policy per GC 5.04.0 in lieu of $2 Million per GC 5.04.C. Page 1 BUDGET CURRENT ESTIMATE ACCEPTED COSTS NEW BASE ESTIMATE** Above / (Below) Target Cumulative Deducts Cumulative Tntak $8,000,000 $8,055,907 $0 $8,055,907 $55,907 ($189,399) eos7 ')nv en on **Note that accepted costs are reflected in the base estimate total. Whenever costs are accepted the base estimate will be revised. Item Date Description of Item Resp. Proposed Accepted Rejected Action Action C.O. Conclusions/Comments # Est. Cost Cost Cost Needed by Date # 10 20-May-05 Add a performance lighting and dimmer control $46,927 system to the multipurpose room. I 1 20-May-05 Add fluorescent cove lighting and cove to the $15,195 multipurpose room. 12 20-May-05 Add fluorescent cove lighting and cove to the $7,207 intergenerational social area. 13 20-May-05 Provide a separate sound system to the $33,519 intergenerational social area and multipurpose room. 14 20-May-05 Provide a lighting control package for the electrical $52,513 portion of the LEED credit EQ 6.1- Controllability of Systems. 15 20-May-05 Provide occupancy sensors for the electrical portion $5,587 of the LEED credit EQ 6.2- Controllability of Systems. 16 20-May-05 Add video surveillance to the security system. TBD Pending review of owner's requirements. 17 20-May-05 Add for additional builder's risk insurance. TBD Pending review of owner provided policy coverage and limits. 18 19 20 21 Page 2 City of Fort Collins Design -Build Proposal Cite of Fort Collins Northside Aztlan Center Design -Build May 20, 2005 6dsting Building Logistics Narrative The existing Aztlan Center is roughly 10 feet away from the north wall of the proposed new facility. Precautions will need to be taken to ensure the safety of the public during construction of the new facility and the subsequent demolition of the existing building. To maintain access to the existing facility prior to opening of the new Center and to ensure public safety, we propose the following modifications to the existing building: • Close off access to the main entry doors on the South side of the facility as well as the (2) egress doors out of the Multi -purpose room • Cut in a new main public entry through the Game room • Build a new wall and door into the game room from the newly constructed entry on the East side of the building • Remove existing door between Reception and new entry • Add an emergency egress door out of the West side of the Multi- purpose room • Disable or remove folding partition as the space would need an emergency egress door if the partition was closed (West side of room) This is a proposed solution to minimizing the impact on the operation of the existing facility and can be modified as necessary. NOTES: CLOSE OFF DOOR ACCESS POINTS ADD DOOR ACCESS REMOVE EXISTING DISABLE PARTITION ublic 2. No provision of any such standard, specification, manual, code, or instruction of a Supplier shall be effective to change the duties and responsibilities of Owner, Design/Builder, 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 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 the Contract Documents, 3.03 Resolving Discrepancies A. In the event of a discrepancy between the Conceptual Documents on the one hand and the Proposal or Drawings or Specifications on the other hand, the Conceptual Documents will control except when Owner has approved a Submittal pursuant to paragraph 6.17.B. B. Except as otherwise specifically stated in the Contract Documents, 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: 1. The provisions of any such standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 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 Re ulg ation). 3. , In the event of conflicting or ambiguous provisions within the Contract Documents specifications will take precedence over the drawings and addenda will take precedence over both. Notwithstanding the foregoing, the more specific provision will take precedence over the less specific: the more stringent will take precedence over the less stringent the more expensive item will take precedence over the less expensive. On all drawings figures take precedence over scaled dimensions. Scaling of dimensions, if done is done at the Design/Builder's own risk C. If, during the performance of the Work Design/Builder 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 3 03 B DesignBuilder shall report it to Owner in writing at once and Design/Builder shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.16) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04.A; provided, however, that Design/Builder shall not be liable to Owner for failure to report any such conflict, error, ambiguity, or discrepancy unless Design/Builder knew or reasonably should have known thereof. 3.04 Amending and Supplementing Contract Documents A. 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: 1. Owner's approval of required Submittals (pursuant to paragraph 6.17.13); 2, A Work Change Directive; 3. A Change Order; 4. A Field Order; 5. A formal Written Amendment. 3.05 Reuse of Documents Use of Design Materials A. All documents including Drawings and Specifications prepared or furnished by Design/Builder pursuant to this Agreement are for Design/Builder's own use, and Design/Builder shall retain an ownership and property interest therein whether or not the Project is completed. Owner may make and retain copies for information and reference in connection with the use and occupancy of the Project by Owner and others. However, such documents are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse or any continued use after any termination without written verification or adaptation by Design/Builder for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Design/Builder and Owner shall indemnify and hold harmless DesignBuilder and Subcontractors from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Design/Builder to further compensation at rates to be agreed upon by Owner and Design/Builder. The Owner shall have unlimited rights to COPY and use in connection with the Project all Design Materials, including the right to use same on the Project at no additional cost to the Owner, regardless of degree of completion, provided that said services performed have been fully paid for as required by the terms of this Agreement The Design/Builder agrees to and does herby grant to the Owner and any assignee or successor of the Owner as owner of the EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright k)2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 6 City of Fort Collins Design -Build Proposal Cite of Fort Collins Northside Azdan Center Design -Build May 20, 2005 1000 Install Fencing and Reroute Entry 10d 01OCT07 12OCT07 1010 Grade Building Pad and Remo e Aspha't 5d '5OCTC7 190CT07 102C = ayout and DO Si'uCtnfal Caisscns 6d 22OCT07 290CT07 I e30 Four and Pour Grade Beams 15d 23OCT07 12NOV07 1040 Fill Inside Building and Ste '2d 02NOV07 19NOV07 105o Under Slab Utilllties 70 20NOV07 28NOV07 `C60 Maonry Wahs at Gyrn 35d 20NOV07 09JAN08 1070 'nstai Liner or Ca.sso,rs for Strt:tval Sab 12d 29NOV07 14DEC07 1080 Prep and Pour Office S'ab Or, Grade 5d 07DEC07 13DEC07 1090 Erect Steel Office Area 15d 14DEC07 07JAN08 120 Frame and Sheath Exterior Walis Office 151 O3JAN08 28JAN08 1150 Pour Second Floor Slab 2d 08JAN08 09JAN08 1110 Prep and Pour Gyrn Floor 8d IOJAN08 21J4N08 1210 Interior Framing Office Area 10d 10JANOB 23JAN08 1220 Rough In Mech and Else 15d 10JAN08 30JAN08 1100 Erect Steel Roof and Running Track Gym 15d 22JAN08 11 FEBCB 1140 Roof Office Area 7d 22JAN08 30JAN0B 1160 Skin Office Area 20d 22JAN08 IBFEB08 1170 Glazing 10d 11FE608 22FEB08 1130 Roo!Gym Area Sd 12FEB08 18FEB08 1230 Interior Finishes Lower Office Area 30d 18FEB08 28MAR08 1180 Paint Gym Ceiling 4d 19FEE08 22FEB08 1250 Grading and Hardscape at Building 15d 19FE808 10MAR08 119C Install Backboards and Equipment So 25FEB08 05MAR08 1200 Install Gym Floor 15d 06MAR08 26MAR08 1350 Interior Finishes Upeer Office Area 30d 10MAR08 18APR08 1260 Landscape At Building 15d 11MAR08 31MAR0S 1240 Install Kitchen Equipment rod 13MAR0B 26MAR08 1270 Final Inspections 3d 21APR08 23APR08 12BO Punchlist 10d 21APRC8 02MAY08 1290 Owner Occupy New Building 10d O5MAY08 16MAY08 130O Fenno and Haul Off Existing Building 15d 19MAY08 06JUN08 1310 Grade Remainder of Site 10d 02JUN0B 1311UN08 1320 Parking Lots and Hardscape Remainder of 10d 161UNOS 27JUN08 1330 I andscape Bemainde, of Site 15o 23JUN08 14JUL08 134G Project Ccrnplele `d 15J UL08 15JU_08 Start date C1 OC T07 Fin shcars 'bJULCB Data date C1 OCT07 Run date 19MAYOo Page nomber 1A Primavera Sys; ^s. 'ii Install Fencing and Reroute Entry ++ Grade Build no Pad and R amove Asphalt Layout and Drill Structural Caissons MWMMMMff*n Form and Pour Grade Beams rm.pmrrm� Fill Inside Building and Site 1� Under Slab Utllllties Maonry Walls at Gym •��� Instal, Intone, Caissons'or StructuraSlab �r Prep and Pour O%f=ce Slab Or Grade wls�, Erect Steel Office Area � Frarne and Sheath Exterior Walls Office Area Pour Second Floor Slab Prep and Pour Gym Floor Interior Framing Office Area Rough In Mech and Flee Erect Steel Roof and Running Track Gym Roof Office Area 00Skin Office Area IIIIIIIIIIIIMGlazing Roof Gym Area Interior Finishes Lower Office Area Paint Gym Ceiling Grading and Hardscape at Building Install Backboards and Equipment Install Gyrn Floor Interior Finishes Upeer Office Area Landscape At Building Install Kitchen Equipment Final Inspections +lam Punchlist lsi�R Oecner Occupy Nev, Building Demo and Haul Off Existing Buildlpg Grade Remainder of Site � Parking _ots and Hardscape Rernaincer of S.te OWOIN r Lands . pc Perna non, of Site Project Complete Pinkard Construction Company Azatlan Recreation Center Early our Progress nor Cntical bar — Sum Tory ba' S'an nitic c t _ i. -11 ri... _store pc'r' 1000 Install Fencing and Reroute Entry 10d 01 OCT07 12OCT07 1010 Grade Building Pad and Remove Asphalt 5d 15OCT07 19OCT07 1020 Layout and Drill Structural Caissons 6d 22OCT07 29OCT07 1030 Form and Pour Grade Beams 15d 23OCT07 12NOV07 1040 Fill Inside Building and Site 12d, 02NOV07 19NOV07 1050 Under Slab Utillities 7d20NOV07 28NOV07 1060 Maonry Walls at Gym 35d 20NOV07 09JAN08 1070 Install Interior Caissons for Structural Slab 12d' 29NOV07 114DEC07 1080 Prep and Pour Office Slab On Grade 5d 07DEC07 13DEC07 1090 Erect Steel Office Area 15d 14DEC07 07JAN08 1120 Frame and Sheath Exterior Walls Office 15d, 08JAN08 28JAN08 1150 Pour Second Floor Slab 2d OBJANO8 09JAN08 1110 Prep and Pour Gym Floor 8d IOJAN08 21JAN08 1210 Interior Framing Office Area 10d 10JAN08 123JAN08 1220 Rough In Mach and Elec 15d 10JAN08 30JAN08 1100 Erect Steel Roof and Running Track Gym 15d*JAN08 11 FEBOB 1140 Roof Office Area 7d 22JAN08 30JAN08 1160 Skin Office Area 20d 22JAN08 18FEB08 1170 Glazing 10d', 11 FEB08 1122FEB08 1130 Roof Gym Area 5d112FEB08 18FEB08 1230 Interior Finishes Lower Office Area ' 30d 18FEB08 28MAR08 1180 Paint Gym Ceiling 4d 19FEB08 122FEB08 1250 Grading and Hardscape at Building 15d', 19FEB08 I IOMAR08 1190 Install Backboards and Equipment 8d j 25FEB08 05MAR08 1200 Install Gym Floor 15d'06MAR08 26MAR08 1350 Interior Finishes Upeer Office Area 30d 10MAR08 18APR08 1260 Landscape At Building 15d 11 MAROS 31 MAROS I 1240 Install Kitchen Equipment ! 10d 13MAR08 — 26MAR08 � 1270 ? Final Inspections 3d,21APR08 23APR08 1280 Punchlist 10d'21APR08 02MAY08 1290 Owner Occupy New Building 10d 05MAY08 16MAY08 1300 Demo and Haul Off Existing Building 15d' 19MAY08 ?06JUN08 1310 Grade Remainder of Site 10d 02JUN08 13JUN08 1320 Parking Lots and Hardscape Remainder of 10d' 16JUN08 27JUN08 1330 Landscape Remainder of Site 15d 23JUN08 14JUL08 1340 Project Complete 1d 15JUL08 15JUL08 Start date 01 OCT07 Finish date 15JUL08 Data date 01 OCT07 Run date 19MAY05 Pagenumber 1A © Primavera Systems, Inc Install Fencing and Reroute Entry Grade Building Pad and Remove Asphalt Layout and Drill Structural Caissons Form and Pour Grade Beams Fill Inside Building and Site Under Slab Utillities Maonry Walls at Gym Install Interior Caissons for Structural Slab Prep and Pour Office Slab On Grade Erect Steel Office Area � Frame and Sheath Exterior Walls Office Area Pour Second Floor Slab Prep and Pour Gym Floor Interior Framing Office Area Rough In Mech and Elec Erect Steel Roof and Running Track Gym Roof Office Area Skin Office Area Glazing Roof Gym Area Interior Finishes Lower Office Area ■ Paint Gym Ceiling Grading and Hardscape at Building Install Backboards and Equipment � Install Gym Floor Pinkard Construction Company Azatlan Recreation Center Interior Finishes Upeer Office Area � Landscape At Building Install Kitchen Equipment ■ Final Inspections Punchlist Owner Occupy New Building Demo and Haul Off Existing Building Grade Remainder of Site Parking Lots and Hardscape Remainder of Site Landscape Remainder of Site I Project Complete Early bar Progress bar Critical bar Summary bar ♦ Start milestone point ♦ Finish milestone point 3 .E'er City of Fort Collins Design -Build Proposal City (#' Fort Collins Northside Aztlan Center —Design-Build May 20, 2005 Fixtures, Furnishings and Equipment Fixtures, Furnishings and Equipment Checklist C=Cons[. Contract F=FF&E Bud et oom # oom Description ui ment lQuan. ud et Aerobics/Dance Studio Gymnasium/Storage Assorted Fitness Bands 3 dz F Aerobics Steps 30 ea F Rubberized Resistance Exercise Book I ea F Fit Balls 6 ea F Fit Ball Pump l ea F Fitness Mats 36 ea F Hand Weights-1 Ib Vinyl coated l dz F Hand Weights- 21b Vinyl coated 2 dz F Hand Weight Rack I ea F Boxing Gloves 30 ea F Body Shield 15 ea F Punch Mitts 15 ea F High Speed Skip Ropes 30 ea F Spinning Bikes I ea F Spinning Bike Mats 1 1 ea F Ultra Toner 24 ea F Adjustable Ballet Bars C Cubbies (18"x18" Open) C Stereo Speakers C Stereo System w/CD & Amplifier C Wireless -Microphone System C Trash Receptacle F Wall Clock F Wall Mounted Mirrors C Window Coverings C Badminton Nets 6 ea F Basket Nets 18 ea C Basketballs 24 ea F Electric Inflator I ea F Equipment Hand Cart 2 ea F First Aid Kit I ea F Flip Score Cards 2 ea F Portable Ball Carts 2 ea F Portable Ball Locker l ea F Portable Bleachers 3 Tiers (Seats 12) 10 ea F Portable Scoreboard System l ea F Scoreboard Tables 2 ea F Scorers Chairs 4 ea F Volleyball Standard Storage Cart I ea F Volleyball Standards 2 pr F Volleyball Nets 2 ea F Volleyballs 12 ea F Microphone F City of Fort Collins Northside Aztlan Center Page 1 Boxing/Wrestling Strength Training/Cardio Public Address Sound System Scoreboard Snap Back Basket Rims Volleyball Floorplate and Sleeve Wall Clocks -Protected Wrestling Mat Area I ea Portable Boxing Ring I ea Heavy Bag and hooks 2 ea Speed Bag and hooks 2 ea Sit-up boards 2 ea Gloves, Punch Mitts, Headgear Body Shields Skip ropes Scale l ea Public Address Sound System I ea Wall Clocks -Protected 1 ea Wall Pads Fitness Machines Arm Curl Machine I ea Chest Press Machine 1 ea Fly Machine I ea Hip Adduction Machine I ea Lat Pull -Down Machine I ea Leg Extension I ea Leg Press Machine -Seated 1 ea Prone Leg Curl I ea Row/Rear Delt l ea Cardiovascular Equipment Exercise Bicycles- Recumbent 3 ea Exercise Bicycles -Upright 2 ea Elliptical Cross Trainer 4 ea Stair Climbers 4 ea Treadmills 6 ea Modulars Assisted Chip/Dip I ea High/Low Cable 2 ea Upper Body Weight Stations (Modulars) Lat Pulldown I ea Low Row I ea Tricep Pressdown lea Bent -Leg Ab Board I ea Plate Loaded 45" Calf I ea Hack Squat Station I ea Leg Press Station I ea Smith Press (Fixed Bar) l ea Squat Press l ea Free Weight Olympic Bench Press 2 ea Olympic Incline Bench I ea Power Cage Station 2 ea Scott Curl Station I ea C F C C F F F F F F F F F F C F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F City of Fort Collins Northside Aztlan Center Page 2 LoungeNending Control Desk/Reception Free Weight Utility Benches & Racks Adjustable Flat to 80" Bench Adjustable Incline Bench Flat Bench Upright Bench Weight/Bar Tree Weight Tree Weights Dumbbell 5 lb to 100 lb Olympic Weights 3780 lb T Olympic Bar E-Z Curl Bar Spring Collar Miscellaneous Announcement Board Desk Chair Drinking Fountain and Cuspidor File Drawer (For workout cards) Open Cubbies (18"x18") Public Address Sound System Safety Mirror Shelving Stereo Speakers Stereo System w/CD Trash Receptacles Wall Clock Wallet Lockers Workstation Mirrors First Aid Kit Stair Climber Floor Mats Stair Climber Spare Parts Stretching Mats Announcement and Bulletin Boards Decorative Trash Receptacle Directory Display Cabinets Drinking Fountain Flyer Racks -Built into reception Counter Furnishings Pay Telephone Plants Public Address Sound System Recycling Receptacle Stools Trash Receptacle Vending Machines Wall Clock Access Control System & Software First Aid Kit Membership Services Hardware Photo I.D. System I ea 1 ea I ea I ea 2 ea 2 ea I set I set 5 ea 2 ea 8 pr F F F F F F F F F F F F C F C C C C C C F F F F C F F F F F F F F C F F F F C F F F F F F F F F City of Fort Collins Northside Aztlan Center Page 3 . . .uA Lobby Office -Director Office (typical each) Office Work Area Resilient Floor Pad Built-in Counter with Shelving and Drawers Built-in Flyer Display Built-in Workstations Computer Computer Printer Counter Display Cases Database Server Trash Receptacle Rainy Day Floor Mats Announcement and Bulletin Boards Art Decorative Trash Receptacle Directory Display Cabinets Drinking Fountain Flyer Racks -Built into Reception Counter Furnishings Pay Telephone Plants Public Address Sound System Wall Clock Wall Display System Bookcase Computer System Credenza Desk Desk Chair File Cabinet Guest Chairs Small Meeting Table Trash Receptacle Safe Facilities Utilities Control System Bookcase Computer System Desk Desk Chair File Cabinet Guest Chair Trash Receptacle Announcement Board Built-in Counter/Workstations Cabinets Computers Desk Chairs Cubbies F C C C F F F F F F F F F F F C C F F F C F F F F F F F F F F F F F F F F F F F F F C F F F C City of Fort Collins Northside Aztlan Center Page 4 Copy/Workroom Locker Room-Men's Locker Room-Women's Bulletin Board Chairs Computer Computer Printer Mailboxes Postage Meter Recycle Receptacle Timeclock Trash Receptacle Wall Clock Work Table -Counter Top and Cabinets Baby Changing Table Benches Hand Dryers Hair Dryer Lockers Mirror Soap dispensers Seat Cover Dispenser Toilet Paper Dispenser Trash Receptacle Baby Changing Table Benches Hair Dryer Lockers Mirror Personal Product Dispenser Soap dispensers Seat Cover Dispenser Toilet Paper Dispenser Trash Receptacle Storage/Maintenance Hand Truck I ea Drill Press I ea Grinder I ea Ladder-20' Extension 1 ea Ladder-6' Step 1 ea Lockers I ea Paint Locker I ea Plan Rack 4 ea Small Tools I ea Vise I ea Personal Storage Lockers Shelving (fixed) Heavy Duty Workbench with Steel Top Multi -Purpose Meeting Rooms Coffee Maker I ea Television 32" 1 ea VCR 1 ea Slide Projector I ea Projection Screen (power & switching in 2 ea F F F F F F F F F F F C C C C C C C C C C C C C C C C C C C C F F F F F F F F F F F F F F F F F F City of Fort Collins Northside Aztlan Center Page 5 Intergenerational Social Area Classrooms Janitor's Closet Contract) Built -In Cabinets Built -In Storage Bulletin Board Chairs Dry Erase Board with Doors Tables Trash Receptacle Wall Clock Wall Hooks for Hanging Coats Window Coverings Billiard Tables Television 55" DVD/VCR Foosball Table Outlets for Video Games Couches, Chairs, occasional tables Bulletin Board Trash Receptacle Wall Clock Public Address Sound System Folding Activity Tables Sink with Clay trap Storage Cabinets Children's chairs Bulletin Board Trash Receptacles Wall Clock Sound System Window Coverings Public Address Sound System Carpet/Upholstery Extractor Misc. (mop, buckets, cans. etc.) Trash on Wheels (44 gallons) Vacuum Wet/Dry Vacuum Shelving (fixed) 3 ea I ea I ea 12 ea I ea I ea F F F F F F F F F C F F F F F F F F F C F C C F F F F F C C F F F F F C City of Fort Collins Northside Aztlan Center Page 6 ,. A Project a royalty -free license to any such Desiii-yn materials as to which the Design/Builder may assert any rights under the patent or copyright laws. The Design/Builder hereby assigns outright and exclusively to the Owner all copyrights in the design appearance of the Project. The Design/Builder, as part of its agreements with any Subcontractor or consultant, will secure such license and use rights from each such entity, and shall defend, indemnify and hold the Owner and any successors or assigns harmless from any claims by such entities for copyright or patent infringement. B. The Drawings, Specifications and other documents prepared for this Project are for use solely with respect to this Project and the author of these documents, consistent with Owner's ownership of the design, shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Drawings, Specifications or other documents shall not be used by the Owner or others on other projects. Submission or distribution of documents to meet official regulatory requirements or for other similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved herein. C. Subject to Owner's remedies for a default, the Owner shall release the Design/Builder, its Subcontractors, consultants, and their respective agents and employees from all Owner's claims, liabilities, demands, actions, costs and expenses (including reasonable attorney's and expert's fees and costs) (a) arising from any use by the Owner, its successors or assigns of such Design Materials if the Design/Build Agreement is terminated by the Owner prior to Substantial Completion of the Work, or (b) arising as a result of amendments or modifications of any such Design Materials made without the prior consent of Design/Builder, and which do not result from errors, omissions or negligence in dhe Design Materials supplied hereunder. D. Upon conclusion of the Project and before final payment, Design/Builder shall provide Owner with reproducible drawings and electronic computer files of the Project containing accurate information on the Project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non -fading process proven suitable for long-term storage and high -quality reproduction. Electronic computer files shall be in AutoCAD Version 13 format. 3.06 Electronic Data A. Copies of data furnished by Owner to Design/Builder or Design/Builder to Owner that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS; HAZARDOUS ENVIRONMENTAL CONDITIONS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Design/Builder of any encumbrances or restrictions not of general application but specifically related to use of the Site which Desigtr/Builder will have to comply in performing the Work. Unless otherwise provided in the Contract Documents, Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Design/Builder 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 the Site, Design/Builder may make a Claim therefor as provided in Article 9. B. Upon reasonable written request, Owner shall furnish Design/Builder with a current statement of record legal title and legal description of the lands upon which the Construction is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws or Regulations. C. Design/Builder shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Differing Site Conditions Subsurface and Physical Conditions EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright?72002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 090004 7 e SECTION 5 CONTRACT DOCUMENTS ARTICLE 12.01 (J) • DESIGN BUILD ESTIMATES JULY 25, 2005 Pages 1-12 • COST ANALYSIS REPORT JULY 25, 2005 Pages 1-2 • DESIGN SERVICE HOURLY RATES Pages 1-2 • EQUIPMENT RENTAL RATES REPORT Pages 1-31 CONTRACT DOCUMENTS ARTICLE 12.01 (J) • DESIGN BUILD ESTIMATE JULY 25, 2005 Pages 1-12 , . .,A lotFinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: Aller Lingle/SCD Gross SF: 49,800 DESIGN BUILD ESTIMATE DESIGNBI/ILDESTINATE SYSTEMS SUMMARY QUANTITY UNIT UNIT COST I TOTAL COST COST PER SF NOTES 01 SITE DEVELOPMENT $ 1,032,078 $20.72 02 FOUNDATIONS & S.O.G. $ 583,878 $11.72 03 STRUCTURE $ 925,030 $18.57 04 EXTERIOR ENVELOPE $ 654,419 $13.14 05 INTERIOR FINISHES $ 1,034,270I $20.77 06 SPECIALTIES, EQUIPMENT & FURNISHINGS $ 244,008 $4.90 07 SPECIAL CONST. & CONVEYING SYSTEMS $ 36,000 $0.72 08 MECHANICAL $ 876,983 $17.61 09 ELECTRICAL $ 693,460 $13.92 10 TENANT FINISH $ - $0.00 SUBTOTAL BUILDING COSTS $6,080,125 1 $122.09 GENERAL CONDITIONS 9.50 MO $49,001 $465,510 $9.35 BUILDING PERMIT and Plan Review 6,545.63 M$ $5.00 $32,728 $0.66 USE TAX City of (0.00% x 50% valuation) % $0 $0 $0.00 Exempt INSURANCE, Liability $6,578 M$ $6.60 $43,417 $0.87 INSURANCE, Builders Risk - M$ $0.48 $o $0.00 By Owner DESIGN 1.00 LS $602,000.00 $602,000 $12.09 REIMBURSABLE COSTS 1.00 LS $45,000.00 $45,000 $0.90 ESCALATION COSTS % NA CONSTRUCTION FEE 4.75 % $72,688 $345,267 $6.93 BOND, Payment and Performance Bond 1,01 % 176,141,47 176,902 $1.54 PRECONSTRUCTION SERVICES L00 LS $80,000 $80,000 $1.61 CONTINGENCY, Construction 4.00 % $71,239 $294,958 $5.72 TOTAL PROBABLECONSTRUCTIONCOST 49,500 SF 1 $8,055,907 $161.77 Page 1 of 12 0 P'inkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: Ater Lingle/SCD Gross SF: 49,900 DESIGN BUILD ESTIMATE Of SITE DEVELOPMENT DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST COST PER SF NOTES JL1f1ON: Curb Cuts DEMO: Asphalt Paving Curbs & Gutters Sidewalks Concrete Paving Landscaping - No Salvage Pump House, Pump, Piping, Etc. Electrical Vault Misc. Existing Site Finishes Remove/Salvage Playground Equipment Demolish Existing Bee Center Building Remove/Abandon Electrical Services Remove & Salvage Light Pole & Fixture Allow For "Level C" Personal Protective Equipment SURVEYING: Site, Utility, & Building Surveying CONTAMINATION DISPOSAL: SITE EARTHWORK: - Site Fence and Signs - Temporary - Site Access Roads and Maintenance - Erosion Control - Clem and Grub, Strip Topsoil - Site Cuts/Fills - Overexcavation Under Building Slab - Import Fill - Under Building S.O.G. - ±3'-6" - Import/Compact 2' Ave. Fill On Site - Finish Grading/Respread Topsoil - Allow For "Level C" Personal Protective Equipment - Allow For "Level C" Equipment Decontamination SITE UTILITIES: - Domestic Water, 2" Copper - 2" Meter Pit - Temporary 6" Water Line - Abandon Temp Water Line To Existing Building - Hydrants 6" Fire Hydrant - Temporary Sanitary Sewer Relocation Sanitary Sewer, 6" PVC, To New Building Abandon Existing & Temporary Sanitary Sewer Manholes - Connections at Street - Allow For "Level C" Personal Protective Equipment SITE DRAINAGE: - Storm Piping, Roof Drain Leaders - Storm Piping - PVC & RCP - Head Walls - Pond Outlet - Catch Basins, Inlets - Allow For "Level C" Personal Protective Equipment ASPHALT PAVING: Subgrade Prep - Scarify, and Re -compact 4" Asphalt Paving 8" Class C Aggregate Roadbase Add Fly -ash To Subbase Prep - Drive Lanes, 7" Full Depth W/Scarification - Parking Areas, 6" Full Depth W/Scarification Striping - Utility Patch In Willow Street 42,000 1,100 2,100 7,600 1 1 1 1 1 1 1 1 EA SF SF SF SF LS EA EA LS LS LS LS EA 258,400 SF SITE 1 LS 2,400 LF 2,584 SF ROAD 258,400 SF SITE 258,400 SF SITE None None 1,664 CY 19,641 CY 258,400 SF SITE $500.00 $0.30 $2.50 $1.00 $1.00 $2,500.00 $1,200.00 $750.00 $5,000.00 $3,840.00 $50,000.00 $2,500.00 $500.00 $0.00 $0.12 $75,000.00 $3.10 $4.00 $0.02 $0.05 $2.50 $2.50 $10.00 $8.00 $0.10 $0.00 $0.00 $500 $0 $12,600 $2,750 $2,100 $7,600 $2,500 $1,200 $750 $5,000 $3,840 $50,000 $2,500 $500 $0 $31,008 $75,000 $7,440 $10,336 $5,168 $12,920 $0 $0 $16,639 $157,129 $25,840 $0 $0 $0.01 $0.00 $0.25 $0.06 $0.04 $0.15 $0.05 $0.02 $0.02 $0.10 $0.08 $1.00 SO.05 $0.01 $0.00 $0.62 $1.51 $0.15 $0.21 $0.10 $0.26 $0.00 $0.00 $0.33 $3.16 $0.52 $0.00 WOO 24 LF $40.00 $960 $0.02 l EA $2,500.00 $2,500 $0.05 396 LF $50.00 $19,800 $0.40 191 LF $5.00 $955 $0.02 - None Req'd $0.00 $0 $0.00 1 EA $5,500.00 $5,500 $0.11 465 LF $32.00 $14,880 $0.30 - Included $0.00 $0 $0.00 660 LF $5.00 $3,300 $0.07 1 EA $1,800.00 $1,800 $0.04 2 EA $1,500.00 $3,000 $0.06 $0.00 $0 $0.00 None $0 $0.00 None $0 $0.00 No $3,000.00 $0 $0.00 Existing $6,500.00 $0 $0.00 None $0 $0.00 $0.00 $0 $0.00 10,594 SY $L00 $10,594 $0.21 10,594 SY $9.40 $99,588 $2.00 10,594 SY $4.80 $50,853 $1.02 - Not Incl. $4.00 $0 $0.00 - None $14.50 $0 $0.00 - None $13.20 $0 $0.00 180 EA CAR $4.50 $810 $0.02 1 Allow $2,500.00 $2,500 $0.05 Page 2 of 12 At Entrance Turn Over To Owner Include Haul Debris With Specified Allowance Specified Allowance With Specified Allowance With Specified Allowance Abandon Balance With Specified Allowance With Specified Allowance .4. PinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: Aller Lingle/SCD Gross SF: 49,800 SITE CONCRETE: - Concrete Paving 4,500 SF $3.75 $16,875 $0.34 - Concrete Sidewalk 5,802 SF $3.00 $17,406 $0.35 - Concrete Plazas & Patios 6,875 SF $4.00 $27,500 $0.55 - Concrete Pool Decks None $0.00 $0 $0.00 - Pool Deck Trench Drains, Concrete and Pavers None $0.00 $0 $0.00 - Concrete Curb and Gutter 4,710 LF $10.00 $47,100 $0.95 - City Cross Pans 1 EA $3,500.00 $3,500 $0.07 LANDSCAPING: - Seed, Sod, Plants, Rock, Mulch, Etc 108,436 SF $1.25 $135,545 $2.72 - Sprinkler System 108,436 SF $0.50 $54,218 $1.09 SITE SIGNAGE: - Monument Signs 1 EA $10,000 $10,000 $0.20 - Traffic Signs 18 EA $125.00 $2,250 $0.05 SITE AMENITIES: - Outdoor Racquetball Courts - Slabs & Walls' Concrete Footings 100 LF $45.00 $4,500 $0.09 Excavate & Backfill Footings 115 CY $12.00 $1,380 $0.03 Concrete Walls - 8" Thk. x 12' High 1,200 SF $20.00 $24,000 $0.48 5" Concrete Slab On Grade 1,600 SF $3.50 $5,600 $0.11 Fine Grade Under Slabs 1,600 SF $0.35 $560 $0.01 Skim Coat And Paint Walls 3,200 SF $0.75 $2,400 $0.05 Paint Game Lines 2 EA $300.00 $600 $0.01 - Outdoor Basketball Court: - Court Paving -3" Full Depth Asphalt 6,400 SF $0.83 $5,333 $0.11 - Pole Mounted Backstops 2 EA $1,800.00 $3,600 $0.07 - Painted Game Lines l LSUM $600.00 $600 $0.01 - Power and Lighting 1 In Elect. $0.00 $0 $0.00 - Basketball Equipment By Owner $0.00 $0 $0.00 - New Playground Area & Equipment Installation By Owner $0.00 $0 $0.00 Skate Park Paving -3" Full Depth Asphalt 10,500 SF $0.83 $8,750 $0.18 Skate Park Equipment By Owner $0.00 $0 $0.00 - Trash Receptacles & Benches 1 LSUM $3,500.00 $3,500 $0.07 - Fencing None $0.00 $0 $0.00 - Retaining Walls None $0.00 $0 $0.00 - Trash Enclosure - With Gates 1 1 EA $6,500.00 1 6,5001 0.13 SUBTOTAL SITEDEVELOPMENT $1,032 078 F $20.72 Page 3 of 12 ." . ,..4 uANW009Pi'nkaSING rdConstruction DESIGN BUILD ESTIMATE Project Data: Northside Artlan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: AIIerLingle/SCD Gross SF: 49,800 DESIGN BUILD ESTIMATE 02 FOUNDATIONS&S.O. G. DESCRIPTION QUANTITY UNIT UNFF COST TOTAL COST COST PER SF NOTES .. �. Foundation Trenching 1,029 CY $6.50 $6,690 $0.13 - Basement Excavation CY $2.75 $0 $0.00 - Hand Excavation CY $50.00 $0 $0.00 BACKFILL: - Around Building 1,029 CY $8.00 $8,234 $0.17 - Haul Off Excess Material - CY $1.50 $0 $0.00 DEWATERING: - Foundation Trench LS $2,500.00 $0 $0.00 - Caissons LS $5,000.00 $0 $0.00 With Allowance SHORING: - Cantilevered Wood Lagging System SF $35.00 $0 $0.00 DEEP FOUNDATIONS: - Drilled Piers, 18" Dia, Avg depth = 20' 2,480 LF PIER $35.00 $86,800 $1.74 At interior for slab - Drilled Piers, 24" Dia, Avg depth = 20' Cased 863 LF PIER $45.00 $38,835 $0.78 At Building Perimeter - Drilled Piers, 30" Dia, Avg depth = 30' LF PIER $48.00 $0 $0.00 - Drilled Piers, 36" Dia, Avg depth = 30' LF PIER $62.00 $0 $0.00 - Pier Caps, 6'x2'x3' 43 EACH $400.00 $17,260 $0.35 - Pier Caps, 3'x3'x2' EACH $225.00 $0 $0.00 FOOTINGS: - Continuous Footing - CY $200.00 $0 $0.00 - Continuous Footing at Gym Wall CY $150.00 $0 $0.00 - Pad Footing CY $425.00 $0 $0.00 FOUNDATION WALLS: - Grade Beam Walls, 3.5' High x 8" Thick SF $12.75 $0 $0.00 - Grade Beam Walls, 3.5' High x 12" Thick 3,616 SF $22.50 $81,349 $1.63 - Grade Beam Walls, 3.5' High x 15" Thick SF $14.25 $0 $0.00 - Grade Beam Walls, 3.5' High x 19" Thick SF $16.25 $0 $0.00 - Grade Beam Walls, 3.5' High x 24" Thick SF $18.75 $0 $0.00 - Basement Walls, 14" Thick Up To 16' High SF $17.40 $0 $0.00 - Basement Walls, 19" Thick Up To 16' High SF $19.55 $0 $0.00 - Form Liner SF $5.00 $0 $0.00 - Pilasters EA $400.00 $0 $0.00 - Equipment 3 MO $6,000.00 $18,000 $0.36 - Wall Bracing During Backfill - SF $2.00 $0 $0.00 STRUCTURALSLAB - 6" Structural Slab on Void Form 37,437 SF $8.50 $318,215 $6.39 - 5" Concrete Pool Deck W/#3@ 18" o.c. SF $4.50 ri0 $0.00 - 3" Topping in Locker Rooms SF $ I.75 ri0 $0.00 - Pool Deck Drain w/ Pavers SF $55.00 $0 $0.00 - Granular Subgrade, 4" Gravel TON $22.00 $0 $0.00 - Post Tensioned Slab On Grade SF $8.00 $0 $0.00 FOUNDATION INSULATION: - 2" EPS, 24" vertical 3,616 SF $1.75 $6,327 $0.13 FOUNDATION WATERPROOFING: - Membrane Systems W/Drainage Board - SF $3.50 $0 $0.00 - Damproofmg 3,616 SF $0.60 $2,169 $0.04 FOUNDATION DRAINAGE SYSTEM: - Perforated PVC, Drainage Fabric, Gravel - LF $23.00 $0 $0.00 Page 4 of 12 ,..A 0 PinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center FL Collins, CO Community Center Date: May 20, 2005 Owner: City of FtColfins Architect: Aller Lingle/SCD Gross SF: 49,800 DESIGN BUMD ESTIMATE 03 STRUCTURE DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST COST PER SF NOTES Structural Steel, Composite and Bar Joist System 49,800 SF $13.50 $672,300 $13.50 - Structural Steel, Beams and Deck at Roof SF $0 $0.00 - Structural Steel, Framing and Deck for Lighthouses SF $0 $0.00 - Structural Steel, Framing and Deck for Canopies SF $0 $0.00 - Structural Steel Frame/ Arched Bar Joists & Deck SF $0 $0.00 - Structural Steel Frame/ Bar Joists & Deck SF $0 $0.00 - Pre -Engineered Structure at Gym - SF $10.25 $0 $0.00 - Cast -In -Place Concrete SF $14.00 $0 $0.00 - Wood - Paralam Beams and Wood Deck SF $20.75 $0 $0.00 CORE WALLS: - Precast Concrete, 10" Walls SF $18.00 $0 $0.00 - Cast -In -Place Concrete, 10" Walls - SF $18.00 $o $0.00 - Masonry, 8" Block Std Grey, Interior and Exterior SF $10.00 $o $0.00 - Masonry, 12" Block Std Grey, Interior and Exterior SF $12.00 $0 $0.00 - Masonry, 8" Block SF $0 $0.00 CONCRETE SLAB TOPPING: -Topping Stab, 3" 12,363 SF $3.25 $W,180 $0.81 - Mech Penthouse, 6" SF $3.50 $0 $0.00 FRAME FIREPROOFING: - Cementitious SF $0.85 $0 $0.00 STAIRS: - Metal Pan, Concrete Infill 4 EA FLT $6,000.00 $24,000 $0.48 - Precast Concrete EA FLT $0.00 $0 $0.00 MISCELLANEOUS METALS: - Misc. Metals 49,800 GSF $0.75 $37,350 $0.75 - Guardrails at Stairs, Openings and Balconies 265 LF $220.00 $58,300 $1.17 - Guardrails at Running Track 492 LF $150.00 $73,800 $1.48 - Handrailing LF $75.00 $o $0.00 - Roof Screening I-1/2" roof steel deck LF $225.00 $o $0.00 - Pipe Bollards 20 EA $350.00 $7,000 $0.14 - Folding Partition Support 121 LF $100.00 $12,100 $0.24 Page 5 of 12 , ., A PinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: Aller Lingle/SCD Gross SF: 49,800 DESIGN BUILD ESTIMATE 04EXT,U10RENFEL0PE DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST COST PER SF NOTES nn i nnivn �nu�. - Masonry - Brick Veneer 5,414 SF $16.00 $86,624 $1.74 - Masonry - CMU 1,735 SF $9.00 $15,615 $0.31 - Kalwall Panel System SF $33.00 $0 $0.00 - Stucco 14,859 SF $9.00 $133,731 $2.69 - Metal Panels, Sheet Metal, Ribbed 824 SF $7.50 $6, I80 $0.12 - Architectural Precast SF $55.00 $0 $0.00 ROOFING: - EPDM Memb., Ballasted, R=20 Polyiso. - SF ROOF $2.25 $0 $0.00 - TPO Memb., Mech. Attached, R=30 Polyiso. 34,206 SF ROOF $6.00 $205,236 $4.12 - EPDM Memb., Fully Adhered, R=30 Polyiso. SF ROOF $4.50 $0 $0.00 - Asphalt Shingles, 3-Tab SF ROOF $0.95 $0 $0.00 - Clay Or Concrete Tile SF ROOF $0 $0.00 - Standing Seam Metal Roof and Insulation 3,495 SF ROOF $14.00 $48,930 $0.98 ROOF BLOCKING: - Wood, Parapet Cap 932 LF CAP $4.00 $3,728 $0.07 - Parapet Wall Sheathing, 1/2" plywood 1,726 SF WALL $2.00 $3,452 $0.07 FLASHING & SHEETMETAL - Parapet Cap Flashing 932 LF $10.00 $9,320 $0.19 - Fascia EA $20.00 $o $0.00 - Gutters 1,100 LF $8.00 $8,800 $0.18 - Downspouts 290 LF $8.00 $2,320 $0.05 BUILDING INSULATION: - Thermal Wall Batts, RI I SF $0.50 s0 $0.00 - Thermal Wall Batts, R19 31,228 SF $0.75 $23,421 $0.47 - Firestopping - GSF $0.10 $0 $0.00 EXTERIOR SOFFIT: - Soffit Framing & Sheathing SF $8.00 $0 $0.00 CAULKING & SEALANTS: - Caulking 25,724 GSF SKIN $0.35 $9,003 $0.18 STOREFRONT AND WINDOWS: - Clear Anodized Alum, Low E Glass, Grey Tint 2,396 SF $29.00 $69,484 $1.40 - Clear Story 496 SF $29.00 $14,384 $0.29 - Aluminum Entrance Doors, 3'X8' 8 EACH $1,500.00 $12,000 $0.24 CURTAINWALL SYSTEM: - 7.5" Anod. Alum., Low E Glass W/Grey Tint - SF $52.00 $0 $0.00 ROOFING ACCESSORIES- - Roof Hatch 1 EA $750.00 $750 $0.02 - Roof Pavers, 24"x24" 40 EA $12.00 S480 $0.01 - Skylights EA $0 $0.00 OVERHEAD DOORS: - Overhead Door, 16 GA, Insulated 80 SF DOOR $12.00 $960 $0.02 - Counter Door SF DOOR $25.00 $0 $0.00 Page 6 of 12 •, ,A FinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Azdan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: Aller Lingle/SCD Gross SF: 49,800 DESIGN BUILD ESTIMATE 05INTERIOR FMSHES UNIT TOTAL COST DESCRIPTION QUANTITY UNITCOST COST PER SF I NOTES v Blocking & Backing 49,800 SF $0.25 $12,450 $0.25 - Telephone Board, Tx8' EA $75.00 $0 $0.00 FINISH CARPENTRY: - Millwork 1 LS $20,000 $20,000 $0A0 - Cabinets & Countertops 45 LF $275.00 $12,375 $0.25 - Bathroom Countertops 150 LF $40.00 $6,000 $0.12 - Control Desks, Check In Counters 50 LF $550.00 $27,500 $0.55 DOORS & HARDWARE: - HM Frame with HM Door 14 EA LEAF $500.00 $7,000 $0.14 - HM Frame with SC Wood Door, Red Oak 45 EA LEAF $525.00 $23,625 $0.47 - HM Stainless Steel or Aluminum Frame & Door EA LEAF $1,500.00 $0 $0.00 -HM Window Frame 34 EA $150.00 $5,100 $0.10 - Pair Of Fire Doors EA PR $1,500.00 $o $0.00 - HM Window Frames EA $125.00 $0 $0.00 - Finish Hardware, Allowance 59 EA SET $350.00 $20,650 $0.41 INTERIOR GLAZING: - Mirrors 500 SF $8.00 $4,000 $0.08 - Interior Storefront System - SF $22.00 $0 $0.00 - Interior Aluminum and Glass Doors 2 EA $850.00 $1,700 $0.03 - Sidelights, Windows 684 SF $10.00 $6,840 $0.14 STEEL STUDS & DRYWALL: - Perimeter Stud Framing, 6" 18 ga, W/Ext Gyp. 31,228 SF $9.00 $281,052 $5.64 - Perimeter Stud Framing, 8" 18 ga, W/Ext Gyp. SF $10.25 $0 $0.00 - Perimeter Stud Framing, 12" 18 ga, W/Ext Gyp. SF $12.75 $0 $0.00 - Interior Stud Framing, 6" 20 ga, W / Gyp. I Side SF $5.00 $0 $0,00 - Fur -Out Perimeter Walls SF $2.25 $o $0.00 - Fur -Out Interior Columns SF $2.25 $o $0.00 - Interior Partitions 21,813 SF $3.75 $81,798 $1.64 - DW Ceilings 3,492 SF $4.25 $14,841 $0.30 - Stucco and Cement Board Ceilings SF $9.50 $0 $0.00 - Shaft Wall SF $6.50 $0 $0.00 INTERIOR MASONRY - Masonry Walls, 12" Split Face SF $12.00 $0 $0.00 - Masonry Walls, 8" Split Face SF $10.50 $o $0.00 - Masonry Walls, 8" SF $10.00 $0 $0.00 - Stone Veneer - SF $23.00 $0 $0.00 CEILINGS: - Suspended Acoustical Lay -In, 2x2 5,482 SF $1.75 $9,594 $0.19 - Suspended Acoustical Lay -In, 2x4 4,424 SF $1.25 $5,530 $0.11 - Acoustic Clouds in Community Room SF $30.00 $0 $0.00 - Acoustic Panels SF $10.00 $0 $0.00 WALL FINISHES: - Ceramic Tile, Restroom Wet Walls 3,728 SF $7.00 $26,096 $0.52 - Glass Mosaic Tile, Exterior Walls SF $18.00 $0 SO.00 - Tile Allowance at Great Hall West Walls & Pool SF $13.50 $0 $0.00 - Vinyl Wall Covering SF $2.00 $0 $0.00 FLOORING: - Resilient Flooring, VCT SF $2.00 $0 $0.00 - Rubber Treads, Landings at Stairs SF $o $0.00 - Carpeting 1,000 SY $30.00 $30,000 $0.60 - Mondo Sports Action Sports Flooring 7,116 SF $8.00 $56,928 $1.14 - Running Track, Poured in Place Polyurethane 3,506 SF $9.00 $31,554 $0.63 - Ceramic Tile 2,695 SF $6.50 $17,518 $0.35 - Quartz Epoxy Flooring SF $5.00 $0 $0.00 - Porcelain Tile w/ Stone Accents at Great Hall SF $12.00 $0 $0.00 - Quarry Tile at Kitchen 617 SF $9.00 $5,553 $0.11 - Wood Cushioned Floor 868 SF $10.00 $8,680 $0.17 - Wood Gym 18,462 SF $7.50 $138,465 $2.78 - Sealed Concrete 4,077 SF $0.50 $2,039 $0.04 - Stained Concrete 3,459 SF $5.50 $19,025 $0.38 Page 7 of 12 1Xg Pi'nkaSING rdConstruction DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: After Lingle/SCD Gross SF: 49,800 BASE: - Vinyl or Rubber 1,575 LF $1.10 $1,733 $0.03 - Wood LF $8.50 $0 $0.00 - Tile, 1,875 LF $6.00 $11,250 $0.23 - Tile, at Lobby & Kitchen LF $15.00 $0 $0.00 PAINTING: - Drywall 78,345 SF $0.45 $35,255 $0.71 - CMU - SF $0.55 $0 $0.00 - Doors & Frames 59 EA $100.00 $5,900 $0.12 - Metals, Stairs 4 FLT $300.00 $1,200 $0.02 - Exposed structure 36,402 SF $0.50 $18,201 $0.37 - Exposed Structure in Pool Area SF $0.90 $0 $0.00 - Miscellaneous Exterior 1 LS $20,000 $20,000 $0.40 - Stain Millwork 1 LS $20,000 $20,000 $0.40 DUMPSTERS, CLEAN UP and FINAL CLEANING: 49,800 SF $0.90 $44,8201 $0.90 SUBTOTAL INTERIOR FINISHES $1,034,270 $20.77 Page 8 of 12 .. . 1". . H 11 Article 4. CONTRACT PRICE 4.01 OWNER shall pay DESIGNBUILDER for completion of the Work in accordance with the Contract Documents a sum equal to the Cost of the Work plus a DESIGNBUILDER's Fee for overhead and profit, both of which shall be determined as provided below. Article S. COST OF THE WORK 5.01 Cost of the Work shall be determined as provided in paragraphs 10.01.A and B of the General Conditions, but, in addition to any limitations therein set forth, it shall not include costs in excess of any Guaranteed Maximum Contract Price as set forth in Article 7 hereof. Article 6. DESIGNBUILDER'S FEE 6.01 The DESIGNBUILDER's Fee shall be determined as follows: A. No fee shall be paid for costs listed in paragraph 10.01.13 of the General Conditions. B. DESIGNBUILDER guarantees that the maximum amount payable by OWNER in accordance with this paragraph 6.01 as a percentage fee (4.75%) will not exceed $348,178 subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. Article 7. GUARANTEED MAXIMUM PRICE 7.01 DESIGNBUILDER guarantees that the maximum obligation of OWNER for the sum of the Cost of the Work plus the DESIGNBUILDER's Fee will not exceed $8,093,502 (the "GMP", includes $727,000 for Design Professional Services, Preconstruction Services, and reimbursables) subject to increases or decreases for changes in the Work. Any unused contingency shall be shared as provided in Paragraph 7.02. 7.02 In the event that the Cost of the Work plus the DESIGNBUILDER's Fee shall be less than the GMP, as adjusted by Change Orders, the resulting Savings shall be shared by the OWNER and the DESIGNBUILDER as follows: A. OWNER shall be entitled to Seventy-five percent (75%) of the Savings; B. DESIGNBUILDER shall be entitled to Twenty-five percent (25%) of the Savings, at the time of Final Payment. 2 - -* A. Design/Builder shall promptly, and before the conditions are disturbed, give a written notice to Owner of (i) subsurface or latent physical conditions at the Site which differ materially from those indicated in the Contract Documents, or (ii) unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character called for by the Contract Documents. B. Owner will investigate the Site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Design/Bui[der's cost of, or the time required for, performing any part of the Work, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the Contract Price or Times modified in writing by Change Order in accordance with Article 9. C. No request by Design/Builder for an equitable adjustment under paragraph 4.02 shall be allowed unless Design/Builder has given the written notice required; provided that the time prescribed in 9.03.A for giving written notice may be extended by Owner. D. The provisions of this paragraph 4.02 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. A. Reports and Drawings: Refer to these Supplementary Conditions for identification of: 1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by Owner in preparing the Contract Documents, including the following: See Section 00800 Supplementary Conditions Design/Builder may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretation or opinions contained therein or upon the completeness of any information in the report. 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 OWNER in preparing the Contract Documents. a. No drawings of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.02.G) which are at or contiguous to the site have been utilized in preparation of the Contract Documents, except the following: See Section 00800 Supplementary Conditions B. Limited Reliance by Design/Builder Authorized; Technical Data: Design/Builder 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 Request for Proposals or in these Supplementary Conditions. Except for such reliance on such "technical data", Design/Builder- may not rely upon or make any claim against Owner, with respect to: (i) the completeness of such reports and drawings for Design/Builder's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Design/Builder and safety precautions and programs incident thereto, or (ii) other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or (iii) any Design/Builder interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. C. Notice of Differing Subsurface or Physical Conditions: If Design/Builder believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Design/Builder is entitled to rely as provided in paragraphs 4.02.A and 4.02.11 is materially inaccurate, or 2. is of such a nature as to require a change in the Contract Documents, or 3. differs materially from that shown or indicated in the Contract Documents, or 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; or 5. is of such a nature as to reasonably be suspected of containing or constituting Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material, or such other substances or materials that may result in significant damage or injury or require compliance with specifically applicable regulatory requirements, unless confirmation of the absence of such condition has previously been provided; then Design/Builder shall, 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 6.16), notify Owner in writing about such condition. Design/Builder shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. D. Owner's Review: Owner will promptly review the pertinent conditions and determine the necessity of obtaining additional exploration or tests with respect thereto. EJCDC D-700 Standard General Conditions of the Contract Between Owner and DesignBuilder Copyright k)2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 9 �In • I MM 0 PinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Collins Architect: ARerLingle/SCD Gross SF: 49,800 DESIGN BUILD ESTIMATE 06 SPECIALTIES, EQUIP. AND FURNISHINGS DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST COST PER SF NOTES -- Toilet Partitions, Metal, (Floor Mounted) 12 EA STALL $450.00 $5,400 $0.11 - Urinal Screens, Metal 2 EA STALL $125.00 $250 $0.01 - Lockers, Metal Single Tier 12xI8x60 60 EA $200.00 $12,000 $0.24 - Lockers, Metal Double Tier 12x I8x60 120 EA $250.00 $30,000 $0.60 - Lockers, Metal Triple Tier 12x 18x60 EA $475.00 $0 $0.00 - Bath Accessories 20 EA WC $400.00 $8,000 $0.16 - Fire Extinguishers & Cabinets 15 EA $195.00 $2,925 $0.06 - Postal Equipment LS $1,600.00 $0 $0.00 - Operable Partitions 1,212 SF $32.00 $38,784 $0.78 - Knox Box 3 EA $650.00 $1,950 $0.04 SIGNAGE: - Interior Building Signage 59 EA $55.00 $3,245 $0.07 - Directory Board I EA $1,200.00 $1,200 $0.02 - Building Signage I LS $9,000.00 $9,000 $0.18 RAISED COMPUTER FLOORING: SF $14.00 $0 $0.00 EQUIPMENT: - Projection Screens 96 SF $26.00 $2,496 $0.05 - Food Service Equipment - SF KITCH $38.00 $o $0.00 - Athletic Equipment- Basketball Goals operable 10 EA $6,900.00 $69,000 $1.39 - Athletic Equipment- Basketball Goals non -operable 8 EA $2,850.00 $22,800 $0.46 - Gym Divider Curtain 3,600 SF $8.50 $30,600 $0.61 - Artificial Turf and Hanger System SF $4.50 $0 $0.00 - TV Brackets 4 EA $525.00 $2,100 $0.04 - Electric Score Board FA $0 $0.00 - Parking Equipment - Gate at Entry EA $6,500.00 $0 $0.00 LOADING DOCK EQUIPMENT: - Dock shelters EACH $0 $0.00 - Dock levelers EACH $0 $0.00 - Dock Bumpers SET $0 $0.00 WINDOW COVERING: - Draperies & Curtains SF $30.00 $0 $0.00 - Horizontal Mini Blinds 719 SF GLASS $1.75 $1,258 $0.03 ENTRANCE MAT: 100 SF $30.00 $3,000 $0.06 FURNITURE & FIXTURES (FF&E) LS $o $0.00 By Owner SUBTOTAL SPECIALTIES, EQUIP. AND FURNIS®VGS $244,008 $4.90 DESIGN BUILD ESTIMATE 07 SPECIAL CONST. & CONVEYING SYST. UNIT TOTAL COST DESCRIPTION QUANT UNIT COST I COST PER SF NOTES POOLS: EA $0 $0.00 Allowance SAUNAS: EA $o $0.00 ESCALATORS: EA $o $0.00 ELEVATORS: Traction STOPS $0 $0 $0.00 Hydraulic 2 STOPS $17,000 $34,000 $0.68 Cab Finish Allowance I EA $2,000 $2,000 $0.04 DUMBWAITERS: LF $0 $0.00 TRASH OR LINEN CHUTES: LF $0 $0.00 PNEUMATIC TUBE SYSTEMS: SF $0 $0.00 CONST. & CONPEYEVG SYSTEMS Page 9 of 12 PinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Notthside Aztlan Community Center Ft. Collins, CO Community Center Date: May 20, 2005 Owner: City of Ft Coffins Architect: AIIerLingle/SCD Gross SF: 49,800 DESIGN BUILD ESTIMATE 08MECHAMCAL DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST COST PER SF NOTES PLUMBING SYSTEMS: GSF $0 $0.00m - Core Restroos, - Roof Drains - Floor Drains - Gas Piping HN.A.C. SYSTEMS: 49,800 GSF $15.80 $786,833 $15.80 - RTU's - VAV Boxes, Fan Powered W/Elect. Reheat - Medium Pressure Duct Work - Exhaust Fans - Kitchen Hood - LS $0.00 $0 $0.00 FIRE PROTECTION: 49,800 GSF $1.75 $87,150 $1.75 - Wet -Pipe System, Light Hazard - Semi -Recessed Chrome Heads - Fire Pump EA $0 $0.00 - Standpipes LF $0 $0.00 - Underground to 5' out I LS $3,000.00 $3,000 $0.06 ncl In HVAC Not Included Not Included SUBTOTAL MECHAMCAL $976,983 $17.61 DESIGN BUILD ESTIMATE 09ELECTRICAL UNIT TOTAL COST DESCRIPTION QUANTITY UNIT COST I COST PER SF NOTES ELECTRICAL SYSTEM: 49,800 GSF $13.76 $685,300 $13.76 - Service and Distribution - Interior Lighting - Lighting Controls - Power Distribution - Phone/Data Conduit - Fire Detection System - Security System Conduit - Site Lighting - Light Pole Bases 14 EA $600.00 $8,160 $0.16 - Mechanical Connections 513.92 Page 10 of 12 .. 4 4 0 PinkardConstruction RAISING THE STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Collins, CO Community Center &It-i I IRi7a Date: May 20, 2005 Owner: City of Ft Collins Architect: AllerLingle/SCD Gross SF: 49,800 DIVISION 1: GENERAL CONDITIONS - General Conditions $465,510r$$12 - Permits $32:728 -Insurance $43,417 - Design and Reimbursable Costs 5647,000- Bond $76,902 SUBTOTAL: DIVISION t_ 6ssc7 4t DIVISION 2: SITE WORK - Demolition $91,840 $1.84 - Surveying $31,008 $0.62 - Earthwork $325,395 $6.53 - Site Utilities $52,695 $1.06 - Asphalt Paving $164,346 $3.30 - Site Concrete $112,381 $2.26 - Landscaping/Irrigation $189,763 $3.81 - Site Amenities $79,573 $1.60 L1147IN11 1-0 SUBTOTAL: DIVISION 2 DIVISION 3: CONCRETE - Caissons $142,895 $2.87 - Concrete Foundations $99,349 $1.99 - Slab -On -Grade $318,215 $6.39 - Deck Slabs 540,180 $0.81 - Concrete Structure $0 $0.00 - Precast Concrete $0 $0.00 SUBTOTAL: DIVISION 3 S 6wmft1 .n6 DIVISION 4: MASONRY - CMU Core Walls, CMU Interior Walls $o $0.00 - Brick & Masonry Veneer 1 $102,239 $2.05 SUBTOTAL: DIVISION 4 Is 102.239 1 S2.05 DMSION 5: STEEL - Structural/Misc. Steel - Roof Screen SUBTOTAL: DMSION 5 $884,850 $0 $17.77 $0.00 $ 894,85D 17.77 DIVISION 6: CARPENTRY - Rough Carpentry $19,630 $0.39 - Finish Carpentry/Millwork $65,875 $1.32 SUBTOTAL: DIVISION 6 1 Kit_sns 7. DMSION 7: THERMAL & MOISTURE PROT. - Foundation Waterproofing & Insulation $8,496 $0.17 - Foundation Drain $0 $0.00 - Kalwall Panel System $0 $0.00 - Roofing $255,396 $5.13 - Flashing & Sheetmetal $26,620 $0.53 - Building Insulation/Firestopping $23,421 $0.47 - Spray -On, Cementitious Fireproofing $0 $0.00 - Caulking 1 $9,003 $0.18 SUBTOTAL: DIVISION 7 13, 322.937 1 S6_49 Page 11 of 12 A ,orPinkardConstruction RASING E STANDARD. DESIGN BUILD ESTIMATE Project Data: Northside Aztlan Community Center Ft. Collins, CO Community Center DIVISION 8: DOORS & WINDOWS - Doors, Frames & Hardware $56,375 $1.13 - Storefront/Curtainwall $95,868 $1.93 - Glass/Mirrors $12,540 $0.25 - Special Doors $960 $0.02 SUBTOTAL: DIVISION 8 1 5,7 DIVISION 9: FINISHES - Steel Studs & Drywall $377,691 $7.58 - EIFS/Stucco $133,731 $2.69 - Acoustical Ceilings $15,124 $0.30 - Tile $60,417 $1.21 - Carpet, Vinyl Tile & Base $120,215 $2.41 - Wood Floors $147,145 $2.95 - Stained and Sealed Concrete $21,063 $0.42 - Paint/Wallcoverings $100,556 $2.02 - Final Cleaning, Progressive Clean Up $44,820 $0.90 SUBTOTAL: DIVISION 9 $ 1,020,761 DMSION 10: SPECIALTIES - Toilet Partitions & Accessories $13,650 $0.27 - Signage $13,445 $0.27 - Misc. Specialties $85,659 $1.72 SUBTOTAL: DMSION 10 112,754 $2.26 DIVISION 11: EQUIPMENT - Equipment $126,996 $2.55 SUBTOTAL: DIVISION 11 , DIVISION 12: FURNISHINGS - Window Coverings $1,258 $0.03 - Entrance Mats/Misc. Furnishings $3,000 $0.06 SUBTOTAL: DIVISION 12 4,258 $0.09 DIVISION 13: SPECIAL CONSTRUCTION - Special Construction $o $0.00 SUBTOTAL: DMSION 13 _ DMSION 14: CONVEYING SYSTEMS - Elevators/Misc. Conveying Systems $36,000 $0.72 SUBTOTAL: DIVISION 14 36, ,7 DIVISION IS: MECHANICAL - Plumbing $0 $0.00 - HVAC $786,833 $15.80 - Fire Protection $90,150 $1.81 SUBTOTAL: DMSION 15 6, 17.61 DIVISION 16: ELECTRICAL - Electrical $693,460 $13.92 SUBTOTAL: DIVISION 16 693,460 I , SUBTOTAL 7,345, I47.50 GENERAL CONTRACTOR FEE $ 345,267 $6.93 PRECONSTRUCTION SERVICES $ 80,000 $1.61 CONSTRUCTION CONTINGENCY $ 294,958 $5.72 PROJECT TOTAL 55, 161.77 Date: May 20, 2005 Owner: City of Ft Collins Architect: ABer Lingle/SCD Gross SF: 49,800 Page 12 of 12 .14 CONTRACT DOCUMENTS ARTICLE 12.01 (J) • COST ANALYSIS REPORT JULY 25, 2005 Pages 1-2 Pinkard ; rl . f 'y� RAISING THE STANDARD. 01-Jul-05 F COST ANALYSIS REPORT Northside Azdan Community Center Design Build Proposal Estimate BUDGET Pinkard Proposal ACCEPTED COSTS Initial Contract Value Above / (Below) Target Cumulative Deducts Cumulative Totals ............................... $9,100,000 $8,055907 $31,044 I $8,086,951'' ($13,049) ($189,399) Sim- 17I Sat ndd S77 n7R Item Date Descriptionof Item.- Resp. Proposed'- Accepted Rejected Action Action , C.O. Conclusions/Comments # Est. Cost, Cost Cost Needed by Date # 1 20-May-05 Provide a subgrade fume mitigation system below Terracon $193,591 To be considered an allowance the building slab with perforated pipe and a / Walsh pending design coordination with membrane with venting at the roof. Owner's representative. 2 20-May-05 Reuse material from existing Sport Court ® Flooring Team TBD 4 20-May-05 Use concrete for the skate park area as suggested in City $25,458 $25,458 23-Jun-05 Accepted into Base contract amount Addendum # 1 in lieu of asphalt. Existing area is asphalt. 5 20-May-05 Use helical piers at the structural slab in lieu of PSA ($32,147) Pending engineering. caissons. 7 20-May-05 Provide LEED certified building in lieu of Silver PSA ($120, 706) Pinkard to give Jack & Steve a rating. breakout of this number 11 20-May-05 Add fluorescent cove lighting and cove to the City $15,195 To be considered later multipurpose room. 12 20-May-05 Add fluorescent cove lighting and cove to the City $7,207 To be considered later intergenerational social area. 13 20-May-05 Provide conduits, j-boxes, and circuit capacity for City $559 This does not inlcude any wiring and future Sound System in the multipurpose room. equipment (head end, speakers, etc.) Page 1 Item Date Description of Item Resp. Proposed Accepted Rejected Action Action C,O. Conclusions/Comments # Est. Cost Cost Cost. Needed by Date ft 14 20-May-05 Provide a lighting control package for the electrical City $52,513 Steve will talk to the City and see if portion of the LEED credit EQ 6.1- Controllability this is something they would like to of Systems. have in the building. 15 20-May-05 Provide occupancy sensors for the electrical portion City $5,587 $5,587 23-Jun-05 Accepted into Base contract amount of the LEED credit EQ 6.2- Controllability of Systems. 17 20-May-05 Add for additional builder's risk insurance. SB/PCC TBD Pending review of owner provided policy coverage and limits. 18 17-Jun-05 Add Aerobics/Cardio Square Footage SB/PCC $25,200 r This assumes 200 SF of space @ $140.00/SF 19 17-Jun-05 Lower Bond Cost to Cover just the Construction SB/PCC ($23,720) This assumes Bond is required from portion of DB Contract 7/05 through 7/08 20 17-Jun-05 Change from Slab on Void to Crawl Space Team $70,723 This would allow for a methane ventilation system to be put in at a later date. 21 23-Jun-05 Change to Gurney sized Elevator in lieu of standard SB/PCC $8,513 Assumes roughly $4K per stop size 2,500 lb. 22 23-Jun-05 Add Acoustical Treatments to the Gymnasium Team TBD This is to be discussed in the future 23 23-Jun-05 Vending Miser programable circuit to shutdown the SB/PCC TBD machines for a portion of the evening to reduce energy consumption 24 23-Jun-05 Add Coiling Door to Mulitpupose Room from City $2,123 Kitchen L �• 25 23-Jun-05 Add Coat Hooks to Multi -purpose Rooms Team TBD Product & Scope to be defined 26 24-Jun-05 Add Drop off on Willow Street Team TBD Team will investigate to see if this is a possiblility so close to RR Crossing 27 Page 2 CONTRACT DOCUMENTS ARTICLE 12.01 (J) • DESIGN SERVICE HOURLY RATES Pages 1-2 ". . ­ 4 n HOURLY RATES Sink Combs Dethlefs Principal: $125/hour Senior Project Manager: $125/hour Project Manager: $115/hour Architect: $100/hour Interior Designer: $100/hour Computer Rendering: $100/hour Graphic Designer: $85/hour Intern Architect: $70/hour Clerical/Administration: $50/hour AIIer.Lingle Architects P.C. Consulting: $125/hour Principal: $115/hour Associate Architect: $95/hour Sr. Project Manager/Architect: $90/hour Project Architect: $80/hour Interior Designer: $75/hour Architecturallntern/CAD Technician 2: $65/hour Architectural Intern/CAD Technician 1: $55/hour Clerical/Administrative: $38/hour EDAW Principal: $160/hour Senior Associate: $104/hour Associate I: $104/hour Associate II: $98/hour Landscape Architect1: $76/hour Landscape Architect II: $70/hour Landscape Architect III: $57/hour Irrigation Engineer: $106/hour Irrigation Technician: $63/hour Business Manager: $111 /hour Word Processor: $71 /hour Administrative Assistant: $56/hour Martin/Martin Consulting Engineers Principal: $135/hour Associate: $125/hour Senior Project Engineer: $110/hour Project Engineer: $95/hour Engineer EIT II: $80/hour Engineer EIT I: $75/hour Senior CAD Operator: $80/hour Project CAD Operator: $65/hour HOURLY RATES Pa North Star Design Project Manager: $84/hour Project Engineer/Project Designer: $68/hour Design Engineer/Technician: $53/hour Clerical: $37/hour The Ballard Group, Inc. Senior Principal: $135/hour Principal: $115/hour Associate Principal: $90/hour Associate: $85/hour Senior Project Engineer: $80/hour Project Engineer: $68/hour CAD Operator: $58/hour Clerical: $40/hour I. E. Systems Principal -in -Charge: $125/hour •Project Manager: $90/hour Project Engineer: $75/hour Designer: $60/hour Clerical: $40/hour E. Possible Contract Documents Change: If Owner 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 4.02.C, a Work Change Directive or a Change Order will be issued as provided in Article 9 to reflect and document the consequences of such change. F. 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 Design/Builders cost of, or time required for performance of, the Work; subject, however, to the following: 1. such condition must meet any one of more of the categories described in paragraph 4.02.C; 2. a change in the Contract Documents pursuant to paragraph 4.02.E will not be an automatice authorization of nor a condition precedent to entitlement to any such adjustment; 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 paragraph 10.03; and 4. Design/Builder shall not be entitled to any adjustment in the Contract Price or Times if: a. Design/Builder knew of the existence of such conditions at the time Design/Builder made a final commitment to Owner in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or b. 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 Request for Proposals or Contract Documents to be conducted by or for Design/Builder prior to DesignBui]der's making such final commitment; or C. Design/Builder failed to give the written notice within the time and as required by Paragraph 4.02.0 above. 5. If Owner and Design/Builder 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 10 and 11. However, Owner shall not be liable to Design/Builder for any claims, costs, losses or damages sustained by Design/Builder on or in connection with any other project or anticipated project. G. Physical Conditions — Underground Facilities: 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 by the owners of such Underground Facilities or by others Unless it is otherwise expressly provided in the Supplementary Conditions, Owner shall not be responsible for the accuracy or completeness of any such information or data, and the cost of all of the following will be included in the Contract Price and Design/Builder shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, C. coordination of the Work with the owners of such Underground Facilities during construction, and d. the safety and protection of all Underground Facilities as provided in paragraph 6.13 and repairing any damage thereto resulting from the Work. 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, Design/Builder shalt, 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 6.16), identify the owner of such Underground Facility and give written notice to that owner and to Owner. Owner 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 Owner 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 9 to reflect and document such consequences. During such time, Design/Builder shalt be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.12. Design/Builder 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 Design/Builder did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Design/Builder are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, Design/Builder may make a claim therefor as provided in Articles 10 and 11. However, Owner shall not be liable to Design/Builder for any claims, costs, losses or damages incurred or sustained by Design/Builder on or in connection with any other project or anticipated project. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 292002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 9 CONTRACT DOCUMENTS ARTICLE 12.01 (J) • LABOR RATES CONTRACT ATTACHMENT June 6, 2005 Pages 1-2 ,A. ..."A Labor Rates Contract Attachment I Hourly Position Rate Officer $124 Group Manager $94 Field Manager $94 Sr. Project Manager $81 Sr. Superintendent $81 Sr. Estimator $79 Project Manager $65 Superintendent $65 Safety Director $65 Project Estimator $65 MEP Coordinator $51 Surveyor $51 Asst/Field Superintendent $51 Warranty Superintendent $51 Project Engineer $41 Field Engineer $41 Project Administrator $32 Project Accountant $32 Carpenter Foremen $41 Carpenter $36 Laborer Foreman $38 Laborer $29 Crane Operator $45 0 6/6/2005 CONTRACT DOCUMENTS ARTICLE 12.01 (J) • EQUIPMENT RENTAL RATES REPORT Pages 1-31 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 1 O1 Pinkard Construction Co. _____________________________________________________________________________________________________ Quantity Minimum Equipment Description Hours Hourly Daily Weekly Monthly ____________________________________________________________________________________________________ Auger Bits ________________________________________ 2 Auger Bit Extensions 7 Auger Bits (Variety of Sizes) Auger (Attachment) --------- _______________________________ 2 Auger Attachment 1 AUGER, SKID STEER Air Tank ---------------------------------------- I Air Tank Banding Machine (Lumber etc..) ________________________________________ 2 Banding Machine 1 Banding Machine (tensionr,sealr,dispensr 1 Banding Machine(Tensionr,Crimpr,Dispensr 1 BANDING CART 1 BANDING MACHINE Camera 3 Olympus Stylus 300 Digital Camera 2 Digital Camera D-460 1 Digital Camera 400 Olympus 1 D550 ZOOM DIGITAL CAMERA 1 Minolta Dimage S404 w/accessories 1 Olympus Digital Camera 11 Olympus Digital Camera D450 3 Olympus Digital Camera D65C 1 Olympus Stylus 300 1 Olympus 650 Digital Camera 1 OLYMPUS DIGITAL CAMERA 300 3 OLYMPUS DIGITAL CAMERA 410 1 OLYMPUS DIGITAL CAMERA D-520 Camcorder ---------------------------------------- 1 SAMSUNG CAMCORDER SCF703 1 Zenith Camcorder VM7050 w/Case & Cover 1 CANON ZR90 DIGITAL CAMCORDER 8.00 24.00 96.00 25.00 70.00 120.00 57.00 184.00 532.00 1.150 7.00 47.00 185.00 5.00 15.00 45.00 16.00 46.00 91.00 16.00 46.00 91.00 16.00 46.00 91.00 16.00 46.00 91.00 16.00 46.00 91.00 1.00 4.00 12.00 6.25 18.50 55.00 6.25 18.50 55.00 6.25 18.50 55.00 6.25 18.50 55.00 6.25 18.50 55.00 6.25 18.50 55.00 6.25 18.50 55.00 6.25 18.50 55,00 6.25 18.50 55.00 6.25 18.50 55.00 6.25 18.50 55.00 6.50 18.50 55.00 4.50 14.00 42.00 4.50 14.00 42.00 32.00 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 2. 01 Pinkard Construction Co. -----------------------------------------------------------------------------------------------_____--------__ Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly ----------------------------- -------------------------------------------------------------------------------- Cellular Telephones 1 (303-944-0827) radio only 13.00 40.00 120.00 1 Nextel i60 (303-434-5594) 13A0 40.00 120.00 1 Nextel 160 (303-901-8508) 30277 13A0 40.00 120A0 1 Nextel 160 (303-944-2369) 13505 13.00 40.00 120A0 1 Nextel I60 (303-434-3016) 13.00 40.00 120.00 1 Nextel I60 (303-944-2370) 13.00 40.00 120.00 1 Nextel I60 (303-944-2379) 13.00 40.00 120.00 1 Nextel I60 (303-944-9672) 23042 13.00 40.00 120.00 1 Nextel I60 (719-491-0864) 13.00 40.00 120.00 1 Nextel I60 (719-499-0065) 13.00 40.00 120.00 1 Nextel I730 (303-994-6457) 13.00 40.00 120.00 1 Nokia 6160 (720-272-0270) 13.00 40.00 120.00 1 NETXEL I305 (719-491-5215) 23686 13.00 40.00 120.00 1 NEXTEL (719-499-0123) 13.00 40.00 120.00 1 NEXTEL BLACKBERRY 7520 303-435-1480 13.00 40-00 120.00 1 NEXTEL BLACKBERRY 7520 303-946-6696 13.00 40.00 120.00 1 NEXTEL I205 (303-944-3177) 38012 13.00 40.00 120.00 1 NEXTEL I30 (719-896-0033) 13.00 40.00 120.00 1 NEXTEL I305 00081052121231 13.00 40.00 120.00 1 NEXTEL I305 (303-210-1465) 4273 13.00 40.00 120-00 1 NEXTEL 1305 (303-210-3926) 192 13.00 40.00 120-00 1 NEXTEL I305 (303-356-8224) 13.00 40.00 120.00 1 NEXTEL I305 (3D3-419-8519) 14734 13.00 40.00 120.00 1 NEXTEL I305 (303-419-8745) 29784 13.00 40.00 120.00 1 NEXTEL I305 (303-434-0501) 50501 13.00 40.00 120.00 1 NEXTEL I305 (303-434-5595) 13.00 40.00 120.00 1 NEXTEL I305 (303-435-7462) 37462 13A0 40.00 120.00 1 NEXTEL I305 (303-435-8656) 13214 13.00 40.00 120.00 1 NEXTEL I305 (303-435-8657) 13216 13.00 40.00 120.00 1 NEXTEL I305 (303-944-0669) 37276 13.00 40.00 120.00 1 NEXTEL I305 (303-944-0810) 34660 13.00 40.00 120.00 1 NEXTEL I305 (303-944-1364) 32756 RADIO 13.00 40.00 120.00 _ NEXTEL I305 (303-944-1582) 27194 13.00 40.00 120.00 1 NEXTEL I305 (303-944-1583) 27281 13.00 40.00 120.00 1 NEXTEL I305 (303-944-2010) 13.00 40.00 120.00 1 NEXTEL I305 (303-944-2139) 11973 13.00 40.00 120.00 1 NEXTEL I305 (303-944-2328) 5234 13.00 40.00 120.00 1 NEXTEL I305 (303-944-2368) 13.00 40.00 120.00 1 NEXTEL I305 (303-944-2372) 13508 13.00 40.00 120.00 1 NEXTEL I305 (303-944-2373) 13509 13.00 40.00 120.00 1 NEXTEL I305 (303-944-2374) 13510 13.00 40.00 120.00 1 NEXTEL I305 (303-944-2375) 13.00 40.OD 120.00 1 NEXTEL I305 (303-944-2378) 13.00 40-00 120.00 1 NEXTEL I305 (303-944-2381) 13.00 40A0 120.00 1 NEXTEL I305 (303-944-2383) 13519 13.00 40.00 120.00 1 NEXTEL I305 (303-944-2434) 10044 13.00 40.00 120.00 1 NEXTEL I305 (303-944-3105) 13521 13.00 40.00 120.00 1 NEXTEL I305 (303-944-3106) 13522 13.00 40.00 120.00 EQ➢TL063 Equipment. Rental Rates Report MIKE 7/14/05 11:44:02 3. 01 Pinkard Construction CO. -------------------------------------------------------------------------------------------------------------- Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly ----------------------------------------------------------------------------------------"'------_---_-------- 1 NEXTEL I305 (303-944-3130) 1380 13.00 40.00 120,00 1 NEXTEL I30S (303-944-3724) 18065 13.00 40.00 120,00 1 NEXTEL I305 (303-944-3725) RADIO ONLY 13.00 40.00 120,00 1 NEXTEL I305 (303-944-3728) 18069 13.00 40.00 120,00 1 NEXTEL I3CS (303-944-3818) 1329 13.00 40.00 120.00 1 NEXTEL I305 (303-944-3956) 26771 13.00 40.00 120,00 1 NEXTEL I305 (303-944-4432) 16498 13.00 40.00 120,00 1 NEXTEL I305 (303-944-4436) 13.00 40.00 120,00 1 NEXTEL I305 (303-944-4437) 16502 13.00 40.00 120.D0 1 NEXTEL I305 (303-944-5001) 18333 13.00 40.00 120,00 1 NEXTEL I305 (303-944-5142) 31903 13.03 40.00 120.00 1 NEXTEL I305 (303-944-5194) 31904 13.00 40.00 120,00 1 NEXTEL I305 (303-944-5894) 1091 13.00 40.00 120.00 1 NEXTEL 1305 (303-944-7782) 4437 13.00 40.00 120,00 1 NEXTEL I305 (303-944-8071) 18891 13.00 40.00 120�00 1 NEXTEL 1305 (303-944-9357) 20931 13.00 40.00 120.00 1 NEXTEL 1305 (303-944-9575) 23541 13.00 40.00 120,00 1 NEXTEL 1305 (303-994-6455) 29783 13.00 40.00 120,00 1 NEXTEL I305 (719-243-3080) 13.00 40.00 120,00 1 NEXTEL I305 (719-491-5569) 25569 13.00 40.0D 120.00 1 NEXTEL I305 (719-492-0078) 16749 13.00 40.00 120.00 1 NEXTEL I305 (719-499-1904) 34542 13.00 40.00 120.00 1 NEXTEL I305 (719-499-5667) 13512 13.00 40.00 120.00 1 NEXTEL I305 (720-308-6266) 14787 13.00 40.00 120.CC 1 NEXTEL I305 (303-944-1532) 13479 13.00 40.00 120.00 1 NEXTEL I305 (303-944-4434) 13.00 40.00 120,00 1 NEXTEL 1530 (303-210-3701) 13.00 40.00 120.00 1 NEXTEL I530 (303-210-7864) 13.00 40.00 120,00 1 NEXTEL I530 (303-434-2273) 13.00 40.00 120.00 1 NEXTEL I530 (303-435-1481) 13.00 40.00 120.00 1 NEXTEL I530 (303-944-5198) 13.09 40.00 120,00 1 NEXTEL I530 (303-434-1399) 13.00 40.00 120,00 1 NEXTEL I60 (303-435-3258) 13.00 40.00 120.00 1 NEXTEL I60 (719-243-4037) 13.00 40.00 120,00 1 NEXTEL I60 (719-492-9183) 13.00 40.00 120.00 1 NEXTEL 160 (303)419-7930 13.00 40.00 120.00 1 NEXTEL I60 (303-434-6620) 45478 13.00 40.00 120,00 1 NEXTEL I60 (303-944-23801 13.00 40.00 120.00 1 NEXTEL I60 (719-243-2437) 13.00 40.00 120.00 1 NEXTEL I60C (303-356-3048) 13.00 40.00 120.00 1 NEXTEL I60C (303-356-8479) 13.00 40.00 120.00 1 NEXTEL I60C (303-944-2365) 13.00 40.00 120,00 1 NEXTEL I60C (303-944-2382) 13.00 40.00 120,00 1 NEXTEL I60C (303-944-2785) 13.00 40,00 120.00 1 NEXTEL I60C (303-944-3694) 13.00 40.00 120,00 1 NEXTEL I60C (303-944-3857) 13.00 40.00 120,00 1 NEXTEL 1730 (303-210-3283) 3084 13.00 40.00 120,00 1 NEXTEL I730 (303-901-2365) 13.00 40.00 120.00 1 NEXTEL I730 (303-944-8169) 16273 13.00 40.00 120,00 1 NEXTEL I90C (303-944-2384) 13.00 40.00 120.00 1 NEXTEL I90C (303-944-2367) 13.00 40.00 120,00 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 4. -------------------------------------------------------------------------------------------------------------- 01 Pinkard Construction Co. Minimum Quantity ---------------------------------------------------------------------------------------------------'____------ Equipment Description Hours Hourly Daily Weekly Monthly 1 NEXTEL I90C (303-944-4435) 13.00 40.00 120.00 1 NEXTEL I90C (719-491-3187) 13.00 40.00 120.00 1 NEXTEL I93CL (303-434-5596) 51057 13.00 40.00 120.00 Cellular Wireless ---------------------------------------- Network Cards 3 AirPrime PC5220 Aircard 1.00 3.00 9.00 1 AirPrime PC5220 AirCard 1.00 3.00 9.00 1 AirPrime 5220 Aircard 1.00 3.00 9.00 1 AirPrime 5220 AirCard 1.00 3.00 9.00 7 Sierra (Verizon) Wireless Aircard 1.00 3.00 9.00 1 Veri-On Wireless Aircard V620 1.00 3.00 9.00 Chain Hoist ---------------------------------------- 1 Handyblock 500 Kg. Chain Hoist 15.00 45.00 134.00 Chain Saw ---------------------------------------- 1 HOMELITE CHAIN SAW GAS POWERED CHAIN - SURVEY ----------------'__---____-----___------ 6 SURVEY CHAINS Chipping Hammer --------------------------'___-----___-- 1 DeWalt 60lbs. Chipping Hammer Combo Kits- Tenant Finish ---------------------------------------- 6 Combo Kit 12 Combo Kit for Tenant Finish 1 Combo Kit DeWalt 4 Pac. 1 Combo -Kit Dewalt 4 Pac 1 Combo -Kit Dewalt 4 Par (R) 1 COMBO KIT 1 COMBO KIT - DEWALT 1 COMBO KIT DEWALT 4 PK 1 COMBO KIT 5 PAK 2 DEWALT COMBO KIT Cooker- Propane! ---------- ----------------------------- 1 Propane Cooker 39.00 120.00 360.00 6.50 20.00 60.00 21.00 78.00 211.00 570 8.00 25.00 98.00 570 8.00 25.00 98.00 570 8.00 25.00 98.00 570 8.00 25.00 98.00 570 8.00 25.00 98.00 570 8.00 25.00 98.00 570 8.00 25.00 98.00 570 8.00 25.00 98.00 570 8.00 25.00 98.00 570 8.00 25.00 98.00 20.00 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 5. 01 Pinkard Construction Co. -------------------------------------------------------------------------------------------------------------- Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly -------------------------------------------------------------------------------------------------------------- Compressor - Large 1 Air Compressor (1994) 185 CFM 83.00 264.00 761.00 1 Speedaire 5HP Compressor (Shop) 83.00 264.00 761.00 Compressor - Small ---------------------------------------- I Air Compressor Port A Cable 26.00 60.00 240.00 2 Air Compressor 2hp DeWalt 26.00 80.00 240.00 1 Compressor Kit 26.00 80.00 240.00 1 DeWalt Air Compresor 26.00 80.00 240.00 1 DeWalt Air Compressor 26.00 80.00 240.00 1 Porter Cable Air Compresor 26.00 80.00 240.00 1 ROL-AIR COMPRESSOR 220 VOLT 26.00 80.00 240.00 1 Small Air Compressor (Speedaire) lhp 26.00 80.00 240.00 2 HP Pancake Air Comp. 26.00 80.00 240.00 1 Air Compresser 35.00 135.00 405.00 1 Air Compressor 220 Volt 150 PSI 63.00 200.00 574.00 Concrete Barrier ---------------------------------------- 41 Concrete Barrier 40.00 Concrete Bucket ---------------------------------------- 1 Concrete Bucket (2 yard) 57.00 166.00 470.00 1 Concrete Bucket & Chute-3 yards 57.00 166.00 470.00 1 CONCRETE BUCKET 1-1/2 CY 57.00 166.00 470.00 1 TEREX BUCKET 57.00 166.00 470.00 Cranes - Climbing ---------------------------------------- 2 CRANE COLLARS FOR PECCO 4-704 600.00 1 LIEBHERR 90HC CRANE 11,798.50 1 PECCO TOWER CRANE MODEL PC 3000 12,000.00 1 Picking Beam 7.50 37.50 150.00 1 Picking Beam Rectangle 7.50 37.50 150.00 Demolition Hammer ---------------------------------------- 1 BOSCH 11311 EVE DEMO HAMMER 42.00 136.00 405.00 Dolly - Drywall ---------------------------------------- 4 Rubbermaid Tool Cart 7.00 24.00 71.00 4 Dolly - Drywall 9.00 24.00 71.00 EQDTL 063 Equipment Rental Rates Report MIKE 7/14/OS 11:44 :02 6. 01 Pinkard Construction Co. -------------------------------------------------------------------------------------------------------------- Minimum Quantity Equipment Description Hours. Hourly Daily Weekly Monthly -------------------------------------------------------------------------------------------------------------- Dolly - 2 Wheel ---------------------------------------- 6 Dolly - 2-Wheel 9.00 24.00 71.00 Drill - 3/B Lnch 1 B S D 3/8" VSR Electric Drill 15.00 29.00 87.00 6 Black s Decker 3/8" Drill 15.00 29.00 87.00 2 Black and Decker 3/8 Drill 15.00 29.00 87.00 _ Bosch 3/8 Cordless Drill 15.00 29.00 87.00 1 Bosch 3310 Cordless Drill 15.00 29.00 87.00 1 Cordless B6D 3/8 Drill 15.00 29.00 87.00 1 Dewalt Cordless Drill 15,00 29.00 97.00 1 Dewalt Cordless Drill 15.00 29.00 87.00 1 DeWalt 18 volt Cordless Drill 15,00 29.00 67.00 1 DeWalt 18 Volt Cordless 15.00 29.00 87.00 1 DeWalt 18 Volt Cordless Drill 15,00 29.00 87.00 1 DEWALT 3/8" CORDLESS DRILL 15.00 29.00 87.00 1 Right angle Dewalt Cordless Drill 15,00 29.00 87.00 1 18 Volt cordless drill(Reman) 15.00 29.00 87.00 1 18 Volt Dewalt Cordless 15.00 29.00 87.00 2 18 Volt Dewalt Cordless Drill 15.00 29.00 87.00 1 18 Volt DeWalt Cordless 15,00 29.00 67.00 3 18 Volt DeWalt Cordless Drill 15,00 29.00 87.00 2 3/8 DRILL OW100 DEWALT 15,00 29.00 87.00 1 3/8" milwaukee keyless chuck drill 15.00 29.00 87.00 1 3/8" AEG Drill 15,00 29.00 97.00 1 3/8" Drill Milwaukee 15,00 29.00 87.00 Drill - 1/2 Inch 1 DeWalt 1/2" right ang.diill 16.00 53.00 152.00 1 Milwaukee 1/2" Drill 16.00 53.00 152.00 1 Milwaukee 1/2" Right ang.Drill 16.00 53.00 152.00 1 MILLER FALLS 112 RIGHT ANGLE DRIL 16,00 53.00 152.00 1 SKIL ➢RILL 1/2 IN. 16.00 53.00 152.00 1 1/2 Milwalkee Drill 16.00 53.00 152.00 1 1/2 Milwauke Drill 16.00 53.00 152.00 1 1/2" DeWalt Mud Drill 16.00 53.OD 152.00 14 1/2" Milwaukee Drill 16.00 53.00 152.00 1 1/2" MILWAUKEE MUD DRILL 16.00 53.00 152.00 Edge Binding Machine ---------------------------------------- 1 Edge Binding Machine 9.00 28.00 84.00 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 7. 01 2inkard Construction Co. -------------------------------------------------------------------------------------------------------------- Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly -------------------------------------------------------------------------------------------------------------- Fan ---------------------------------------- 1 AIR BLOWER W/CANISTER HOSE 30.00 91.00 266.00 2 BOX FANS 42" 30.00 91.00 266.00 2 DE -HUMIDIFIER 30.00 91.00 266.00 1 Force air 2000 EC 30.00 91.00 266.00 2 FLOOR FAN 30.00 91.00 266.00 2 30" Fan 30.00 91.00 266.00 1 36" Box Fan 30.00 91.00 266.00 1 36" Fan 30.00 91.00 266.00 1 48 Inch Box Fan 30.00 91.00 266.00 1 48" box fan 30.00 91.00 266.00 2 48" Box Fan 30.00 91.00 266.00 3 48" BOX FAN 30.00 91.00 266.00 1 48" DIRECT DRIVE FAN 30.00 91.00 266.00 4 48" FAN 30.00 91.00 266.00 Field - Copy Machines 1 Sevin 1050 Copier 300.00 1 Cannon Copier 13.00 40.00 120.00 1 Cannon Copier PC940 13.00 40.00 120.00 1 Cannon Copier 945 13.00 40.00 120.00 1 Cannon 920 Copier 13.00 40.00 120.00 1 Canon Copier NP-1020 13.00 40.00 120.00 Canon Copier PC 745 13.00 40.00 120.00 1 Canon NP-1010 Copier 13.00 40.00 120.00 1 Canon PC 745 13.00 40.00 120.00 2 Canon PC 745 Copier 13.00 40.00 120.00 2 CANON PC 720 COPIER 13.00 40.00 120.00 1 PANASONIC COPIER FP7824 13.00 40.00 120.00 1 PC940 COPIER 13.00 40.00 120.00 Field - Fax Machines 3 Brothers Fax 1270 11.50 36.00 108.00 1 Brothers Fax 770 11.50 36.00 108.00 1 Brothers Ink -Jet Fax 1820 11.50 36.00 108.00 1 Brothers 1270 11.50 36.00 108.00 3 Brothers 1270 Fax 11.50 36.00 108.00 1 Brothers 1800C Inkjet Fax 11.50 36.00 108.00 1 Canon Faxphone 8CFPO8N 11.50 36.00 108.00 1 HP Office Jet Fax Machine 11.50 36.00 108.00 1 HP 1220 Fax 11.50 36.00 108.00 1 LASER FAX PLAIN PAPER 11.50 36.00 108.00 1 Sharp Fax UX-510 11.50 36.00 108.00 1 SHARP UX1100 11.50 36.00 108.00 1 Brothers Fax 775 11.50 36.00 114.00 ... ....Mw 4.03 Reference Points A. Design/Builder shall be responsible for laying out the Work and shall protect and preserve the reference points and property monuments established by Owner pursuant to paragraph 8.0l.A.6.e, and shall make no changes or relocations without the prior written approval of Owner. Design/Builder shall report to Owner whenever any reference point or property monument 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 or property monuments by professionally qualified personnel. 4.04 Hazardous EnviFimmental Condition at Site Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material A. Design/Builder will not be responsible for any Hazardous Environmental Condition encountered at the Site which was not identified in the Contract Documents to be within the scope of the Work. Design/Budder shall be responsible for materials creating a Hazardous Environmental Condition created by any materials brought to the Site by Design/Builder, Subcontractors, Suppliers or anyone else for whom Design/Builder is responsible 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 unless such substance or material should have been ascertained by Design/Builder in accordance with paragraph 4.02.C.5. OWNER shall not be responsible for any such materials brought to the site, managed,' stored, or disposed of by Design/Builder, Subcontractors, Suppliers, or anyone else for whom Design/Builder is responsible.. B. If Design/Builder encounters a Hazardous Environmental Condition, Design/Builder shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Construction in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify Owner (and thereafter confirm such notice in writing). Owner shall promptly determine the necessity of retaining a qualified expert to evaluate such condition or take corrective action, if any. C. Design/Builder shall not be required to resume Construction in connection with such Hazardous Environmental Condition or in any such affected area until after Owner has obtained any required permits related thereto and delivered to Design/Builder written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Construction, or (ii) specifying any special conditions under which such Construction may be resumed safely. If Owner and DesignBuilder cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Construction stoppage or such special conditions under which Construction is agreed to be resumed by Design/Builder, either party may make a Claim therefor as provided in Article 9. D. If after receipt of such special written notice Design/Builder does not agree to resume Construction based on a reasonable belief it is unsafe, or does not agree to resume such Construction under such special conditions, then Owner may order such portion of the Work that is related to such Hazardous Environmental Condition to be deleted from the Work. If Owner and Design/Builder cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Article 9. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. E. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design/Builder, Subcontractors, Suppliers and the officers, directors, partners, employees, agents, other consultants and subcontractors 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) arising out of or resulting from such Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Contract Documents to be included in the scope of the Work, and (iii) was not created by Design/Builder or by anyone for whom Design/Builder is responsible. Nothing in this paragraph 4.04.E shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. F. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultant and the officers, directors, partners, employees, agents, other consultants and subcontractors 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) arising out of or resulting from such Hazardous Environmental Condition created by Design/Builder or anyone for whom Design/Builder is responsible. Nothing in this paragraph 4.04.F shall obligate Design/Builder to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. ARTICLE 5 — BONDS AND INSURANCE EJCDC D-700 Standard General Conditions of the Contract Between Owner and Desigui Builder Copyright V2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 0912004 10 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44 :02 8. 01 Pinkard Construction Co. ----------------,- `-----------------------------------------------------------------------_------------------- Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly ------------------------------------------------------------------------------------------------------_------- Field - Computer Printers ---------------------------------'__---- 1 HP Deskjet 9650 Field - Computer Printer / Fax / Copier ---------------'_"--------"_---_____---- 1 Panasonic Digital Copier/Printer Field - Office Equipment ----__--"--------------------------"---- 1 Panasonic TV/VCR Comb. FIELD - FURNITURE PACKAGE ----_------- -----"-----------------"--_" 13 CONFERENCE ROOM FURNITURE' 14 PJCT ENG./ASST SUPER. FURNITURE PACKAGE 15 SUPERINTENDENT FURNITURE PACKAGE 3 PROJECT ADMIN. FURNITURE PACKAGE 2 PROJECT MANAGER FURNITURE PACKAGE FIRE HOSE (53 FT.) ---------------------------------------- 50 FIRE HOSE (50FT.) Forklift ---------------------------------------- 1 XRT27 SCISSOR LIFT 1 AB46RT BOOM LIFT 1 TEREX FORKLIFT 1 JOB Forklift (1997) 1 1995 Forklift 1 TH83 CAT. FORKLIFT 1 1997 Pettibone Forklift C8000 (Put 4/04) 1 LIFTMASTER FORKLIFT LM2022-5-D Fork Extensions ---------- ----------------------------- 3 Fork Extensions Forms- Wood and Lumber ---------------------------------------- 634 4X4X8 timber for handrail (painted white 32 3/4" 4x12 Plywood (44) 3.00 11.75 35.00 256.00 19.50 77.00 30.00 30. 00 30.00 40. 00 50.00 1.00 10.00 143.00 385.00 1,016.00 238.00 750.00 2,155.00 253.00 784.00 2,265.00 264.00 769.00 2,229.00 264.00 769.00 2,229.00 312.00 903.00 2,637.00 312.00 903.00 2,637.00 21.250 169.00 520.00 1,560.00 3.00 9.00 25.00 4.15 11.50 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 9. O1 Pinkard Construction Co. -------------------------------------------------------------------------------------------------------------- Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly ----------------------------- -----------------------------------------------------------'_______________-_____ Forming Equipment 791 2 X 4 Stiffhacks .18 309 2 X 6 Stiff Back Clamps (Grasshoppers) .16 255 Cat Heads .25 1,569 3/4 Metal Stakes .25 2,823 CAMLOCKS (300 = BARREL) .30 354 Ellis Waler Clamps .30 132 ELLIS ADJUSTABLE SHORE clamps -pairs .50 12 2' FILLER ANGLES .59 7 5' FILLER ANGLES .59 16 6' FA 59 16 4 X 1" PANELS .73 16 4 X 1 1/2" PANELS .78 10 4 X 2 PANELS .81 34 6' OUTSIDE CORNERS .86 64 4' OUTSIDE CORNERS 128) .92 114 Handrail Brackets 1.00 17 6' X 1" PANELS 1.01 7 6' X 1 1/2" PANELS 1.07 313 TURNBUCKLES 1.50 33 30 X 4 PANELS 1.55 16 4' X 6" INSIDE CORNERS 1.86 18 6 X 30 PANELS 1.92 90 STEEL ADJUSTABLE SCREW SHORES -Pipe Shore 2.00 12 4 X 4 PANELS 2.06 8 4 X 6 PANELS 2.31 3 4' x 36" PANELS 13) 2.31 26 3 X 16 PANELS 2.70 12 4 X 10 PANELS 2.81 14 41'x4"x4' inside corners (14) 2.86 3 6 X 4 PANELS (178) 2.86 10 6' X 6" INSI➢E CORNERS 2.86 18 4 X 12 PANELS 2.89 25 Scaffold Brackets - Simmons (5) 3.00 94 Scaffold Brackets- Gates 3.00 9 4 X 14 PANELS 3.00 23 4 X 16 PANELS 3.05 7 6 X 6 PANELS 3.10 15 4 X. 18 PANELS 3.25 8 4'x 22" Panels 3.35 154 4 X 24 PANELS 3.50 26 4 X 20 PANELS 3.55 8 8 X 4 PANELS 3.65 4 6 X 8 PANELS 3.69 2 6 X 10 PANELS 3.77 70 6 X 12 PANELS 3.93 37 3 X 24 PANELS 3.96 15 6 X 14 PANELS 4.15 50 6 X 16 PANELS 4.45 EQDTL063 Equipment Rental Rates Report MIKE 7(14/05 11:44:02 10. 01 Pinkard Construction Co. ______________________________________________________________________________________________________________ Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly ______________________________________________________________________________________________________________ 116 Clamp on Handrail Posts 4.50 8 INSIDE HINGE CORNERS 4.50 2 OUTSIDE HINGE CORNERS 4.50 - S' X 20" PANELS 4.52 10 6 X 18 PANELS 4.58 14 6 X 20 PANELS 4.63 4 6 X 22 PANELS 5.14 22 CURB & GUTTER FORMS 10 FT 5.25 28 24"X5' PANELS (28) 6.04 193 24"X6' PANELS (28) 6.40 5,500 WEDGE BOLTS (1000) .04 395 LONG BOLTS .09 .45 1,80 50 2 X 4 X 2 X 4 STRONG BACK HOOK .46 659 PROTECTIVE BLANKETS 4.00 8.00 25.00 1 Bull Float 13.00 39.00 100.00 1 Fresno Float 13.00 39.00 100.00 1 36" Round End Trowel With Handle 13.00 39.00 100.00 1 4' Bull Float With Handle 13.00 39.00 100.00 1 Pabst Bender 63.00 222.00 570,00 2 Rebar Bender/Cutter 63.00 222.00 570.00 14 6' X 2" PANELS .030 1.13 89 SLIPPERS (69) 300.0 1.00 Forming Equipment - Aluma Systems ________________________________________ 101 Aluma Strcngback Channel (12' 6") 9.19 Fuel Caddy 1 Fuel Caddy Diesel 4.00 16.00 44.00 1 Fuel Caddy 4.00 16.00 64.00 1 Fuel Caddy / Diesel w/ Pump 4.00 16.00 64.00 1 Fuel Caddy / Diesel wj pump 4.00 16.00 64.00 1 Fuel Caddy j Gas w/ Pump 4.00 16.00 64.00 1 Fuel Caddy Diesel 4.00 16.00 64.00 1 Fuel Caddy Diesel W/Pump 4.00 16.00 64.00 2 Fuel Caddy/Diesel W/Pump 4.00 16.00 64.00 1 FUEL CADDY - GAS 4.00 16.00 64.00 Gang Box 1 Gang Box 10.00 40.00 80.00 1 Gang Box model 89 10.00 40.00 90.00 1 Gang Box Greenline 10.00 40.00 80.00 1 Gang Box Knaack 2472 10.00 40.00 B0.00 2 Knaack Gang Box 10.00 40.00 80.00 1 Knaack Model 42 10.00 40.00 50.00 1 Knaack Model 4830 Gang Box 10.00 40.00 80.00 1 Knaack Model 60 Job Box 10.00 40.00 80.00 2 Knaack Model 60 Gang Box 10.00 40.00 80.00 1 Knaack Model 60 Job Box 10.00 40.00 80,00 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 11. O1 Pinkard Construction Co. -----------------------------------------"------------------------------------------"------------------------- Minimum Quantity Equipment Descripticn ------------------------------------------------------------------------------------"---"`------------------- Hours Hourly Daily Weekly Monthly 1 Knaek Job Box KN47 10.00 40.00 30.00 1 Knaak Model 60 Gang Box 10.00 40.00 80.00 1 KNAACK #60 TOOL BOX 10.00 40.00 80.00 1 KNAK GANG BOX W/CASTERS 10.00 40.00 80.00 4 Model 90 Knaack Gang Box 10.00 40.00 80.00 1 Knaak Job Box 2472 10.00 40.00 120.00 1 GANG BOX KN119 10.60 40.00 120.00 1 M49 - ROLLING WORK BENCH 10.60 40.00 120.00 1 KN49 ROLLING WORK BENCH 10.60 40.00 120.00 1 ROLLING WORK BENCH 10.60 40.00 120.00 Generator 1 DIESEL GENERATOR 5500 59.00 192.00 545.00 1 Generator 7.5KW 120/240v Honda 13hp eng. 59.00 192.00 545.00 1 GAS GENERATOR 8000 59.00 192.00 545.00 1 GENERATOR 59.00 192.00 545.00 1 High Cycle Generator With Vib 59.00 192.00 545.00 2 Honda 2500 Watt Generator 59.00 192.00 545.00 1 Honda 3500 Watt Generator 59.00 192.00 545.00 1 PP-22H GENERATOR 59.00 192.00 545.00 1 6.0/6.4 KW GENERATOR MODEL GA6HZR 59.00 192.00 545.00 1 6000 Watt Multi quip Generator 59.00 192.00 545.00 1 6000 Watt. Multiquip Gen. 59.00 192.DD 545.00 1 7500 kw 120/240 V Honda Generator 59.00 192.00 545.00 3 7500 watt Generator 59.00 192.00 545.00 7500 Watt Gen -Pro Generator 59.00 192.00 545.00 1 7500 WATT GENPRO 59.00 192.00 545.00 Georgia ------------------------'--------------- Buggies 1 Georgia Buggie 81.00 268.00 706.00 Grinder ------------------------ - Concrete --------------- I Concrete Planner Makita 21.00 64.00 256.00 1 Makita Concrete Planer w/ Cup Wheel 21.00 64.00 256.00 Grinder - Giraffe ---------------------------------------- 2 GIRAFFE GRINDER 15.50 48.00 144.00 Grinder - Right Angle ---------------------------------------- 1 Black & Decker 7"/9" Grinder 21.00 67.00 193.00 1 Bosh 41/2" Grinder 21.00 67.00 193.00 1 Dewalt Grinder 71-/9" 21.00 67.00 193.00 1 Dewalt 7"/9" Grinder 21.00 67.00 193.00 4 DeWalt Cordless 41/2" Grinder 21.00 67.00 193.00 1 4 1/2" grinder -bosch 21.00 67.00 193.00 1 4 1/2" Dewalt Grinder 21.00 67.00 193.00 EQDTL063 Equipment Rental Races Report MIKE 7/14/05 11:44: 02 12. ------------------------------------------------- 01 Pinkard Construction Co. ------------------------------------------------------------- Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly -------------------------------------------------------------------------------------------------------------- 1 4 1/2" DeWalt Grinder 21.00 67.00 193.00 1 4 1/2".Matabo Grinder 21.00 67.00 193.00 1 4/12" Matabo Grinder 21.00 67.00 193.00 1 41/2 Dewalt Grinder 21.00 67.00 193.00 1 41/2" Dewalt Grinder 21.00 67.00 193.00 1 41/2" DeWalt Grinder 21.00 67.00 193.00 4 41/2" Grinder Bosch 21.00 67.00 193.00 1 41/2" Grinder Dewalt 21.00 67.00 193.00 1 7/9" grinder 21.00 67.00 193.00 1 7/9" Dewalt Grinder Vac Act. 21.00 67.00 193.00 1 7/9" Grinder Dewalt 21.00 67.00 193.00 1 7/9" Grinder Milwaukee 21.00 67.00 193.00 1 7" grinder 21.00 67.00 193.00 1 7" Milwaukee Grinder 21.00 67.00 193.00 Grinder - Shop ---------------------------------------- 1 TOOL LINE BENCH GRINDER Hammer Drill 2 B&D 1/2" Hammer Drill 3 Bosch Bulldog 11224 1 Bosch Hammer Drill 1 Bosch 7/8 Hammer Drill 1 Bosch 7/8" Hammer Drill 1 BOSCH BULLDOG HAMMER DRILL 1 Dewalt Cordless Bulldog 1 Hilti TE2 Bulldog 1 Roto Hammer Drill Bosch 1 1/2 HAMMER DRILL MILWAWKEE 1 1/2" Bosch Hammer Drill 1 1/2" Hammer Drill Bosch 1 11/6 Bosch SDS Plus Recon 2 7/8 Bosch Bulldog 1 7/8 Bosch Bulldog Recon. 1 7/8 Bosch Hammer Drill 1 7/8 Hammer Drill 1 7/8 Hammer Drill Bosch Bulldog 1 7/8 11224 bosch Bulldog 1 7/8" Bosch Hammer Drill Bulldog Heater - Pot ---------------------------------------- 40 Heater - not 13.00 40.00 120.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 11400 317.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 114.00 317.00 33.00 114.00 317.00 16.00 67.00 200.00 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 13. 01 Pinkard Construction Co. ___________________________________________________________________________ Minimum Quantity Equipment Description Hours Hourly -------------------------------------------------------------------------------------------------------------- Daily Weekly Monthly HEAT GUN -DECALS ---------------------------------------- I HEAT GUN-MILWAUKEE 3.50 10.10 25.50 Heater - Space ----------------------------- ___________ 1 Horizontal Canister LP Heater 60.00 185.00 502.00 1 RIVERSIDE L P HTR MOD 350 60.00 185.00 502.00 1 Universal LP Heater 60.00 185.00 502.00 2 Universal Natural Gas Heater 60.00 185.00 502.00 1 UNIVERSAL HEATER SERIES 3500 60.00 185.00 502.00 Impart Wrench ----------------------------- ___________ 1 B & D 1/2" Impact wrench 25.00 78.00 201.00 1 Chicago Pneumatic 3/4" Air Impact Wrench 25.00 78.00 201.00 1 1/2" Dewalt Impact Wrench 25.00 78.00 201.00 1 1/2" Drive Impact Elec Dewalt 25.00 78.00 201.00 3 1/2" Drive Impact Elec. Dewalt 25.00 78.00 201.00 Jigsaw ---------------------------------------- 1 Bosch Jig Saw 16.00 51.00 140.00 1 Jig saw bosch 16.00 51.00 140.00 2 Jig Saw Bosch 16.00 51.00 140.00 1 Jigsaw Skill 4235 16.00 51.00 140.00 Ladder - Extension ________________________________________ 4 Ladder Lock 3.00 15.00 60.00 24 Extension Ladder 32f -40ft 24.00 79.00 193.00 Ladder - Scaffolding __________________________ ______________ 3 Ladders -Scaffolding 2.00 4.00 8.00 Ladder - Step 6 & 8 foot ---------- _------------------- __________ 26 Ladder - Step 6ft-8ft 9.00 28.00 67.00 Ladder - Step 10 & 12 foot ---------- ______________________________ 7 Ladder - Step 10ft-12ft 10.00 34.00 67.00 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 14. 01 Pinkard Construction Co. ------------------------------------------------------------------------------------------------"------------- Minimum Quantity -------------------------------------------------------------------------------------------------------------- Equipment Description Hours Hourly Daily Weekly Monthly Layout Laser ---------------------------------------- 1 DeWalt Laser DW073 66.00 191.00 546.00 1 Laser PLSS 66.00 191.00 546.00 LIGHT STANDS ---------------------------------------- 10 Light Towers (Tripod) 31.00 98.00 272.00 Level 1 Tri-pod Legs 2.50 24 Tri-Pod Legs 2.50 1 Tri-Pod Set of Legs 2.50 1 Tri Pod Legs .02 .14 2.50 1 Auto Level Seco 47.00 139.00 423.00 2 Auto Level Sect X24 47.00 139.00 423.00 1 Auto Level SECO X24 47.00 139.00 423.00 1 Auto Level X24 SECO 47.00 139.00 423.00 1 Auto Level 24X (SECO( 47.00 139.00 423.00 1 AUTO LEVEL 24X 47.00 139.00 423.00 1 Electronic Level 1-600 47.00 139.00 423.00 1 E32 Auto Level 47.00 139.00 423.00 1 Hilti PR60 Laser 47.00 139.00 423.00 1 L-600 Laser Level 47.00 139.00 423.00 1 Laser Level 47.00 139.00 423.00 1 Sokkia C31 Auto Level 47.00 139.00 423.00 Loader 2 Bobcat 763 144.00 575.00 1,750.00 2 2003 GEHL SKID STEER LOADER 187.00 588.00 1,725.00 1 2004 GEHL 6640 SKID STEER 187.00 588.00 1,725.00 Lock Mortiser ---------------------------------------- 1 PORTER CABLE LOCK MORTISER 11.50 36.00 108.00 1 STANLEY LOCK MORTISER 11.50 36.00 108.00 Miter Box ---------------------------------------- 1 12" COMPOUND MITRE SAW 15.50 48.00 144.00 1 B & D Electric Miter Box 16.50 51.00 153.00 1 Dewalt DW705 Compound Miter Saw 16.50 51.00 153.00 1 DeWalt 12" comp Miter saw DW705 16.50 51.00 153.00 2 DeWalt 12" Comp Miter Saw DW705 16.50 51.00 153.00 1 DEWALT COMPOUND SLIDE MITER SAW 16.50 51.00 153.00 Makita 10" Electric Miter Box 16.50 51.00 153.00 1 Makita 14" Miter Box 16.50 51.00 153.00 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 is. 01 Pinkard Construction Co. ------------------------------------'__-------_-__"'__`---__---___---------------____---__-"-------___------- Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly -- --------- ------------- ------------'-------------- ---`-------------------------__----__---____-__-----___--- Nailer 1 Apch Framing Nailer 25.00 78.00 230.00 1 BRAD NAILER 1 1/4" PORTER CABLE 25.00 79.0O 230.00 1 DeWalt Cordless Brad Nailer 25.00 78.00 230.00 1 DX 460 Power Acctuating Nailer 25.00 78.00 230.00 1 Framing Nailer APACH 25.00 78.00 230.00 1 Framing Nailer APACH AN-9021E 25.00 78.00 230.00 1 Framing Nailer Portacable 31/2" 25.00 78.00 230.00 1 FRAMING NAILER APACH 25.00 78.00 230.00 1 Hilti DX460 25.00 78.00 230.00 1 Porter Cable 2" Brad Nailer 25.00 78.00 230.00 1 Senco Air Stapler 25.00 78.00 230.00 2 Senco Finish Nailer 25.00 78.00 230.00 2 Senco Finish Nailer SPN41 25.00 79.00 230.00 1 2" Brad Nailer Port A Cable 25.00 78.00 230.00 1 Ram Set Auto 25 Cal D45 26.00 81.00 230.00 1 Ramset Cobra 26.00 81.00 230.00 1 Ramset Single Shot 22 26.00 81.00 230.00 1 Ramset 27 CAL. Multi shot 26.00 81.00 230.00 1 Ramset/Redhead 380 Nailer 26.00 81.00 230.00 1 Remington L.V.P.A. Fastening Tool 26.00 81.00 230.00 Office: Telephone Equipment ---------------------------------------- 1 Phone System 15.00 45.00 135.00 1 Phone System at Steelbridge 15.00 45.00 135.00 Office/Field. -----------------------------"-------__- Personal Computers 1 ARC UNINTERRUPTIBLE POWER SYSTEM 450 4.00 1 DELL 17" FLAT PANEL MONITOR 10.50 1 DELL 17" FLAT MONITOR 12.75 1 ARC BK400 UPS Backup 2.00 6.00 1 APO BK400 UPS Backup System 2.00 6.00 1 ARC Backup UPS-500 2.25 6.75 1 Opti-Ups 420-E Power Supply .65 2.50 7.50 1 DELL INSPIRON PORT REPLICATOR 1.00 3.00 8.95 1 Port Replicator - Dell 8000 1.00 3.00 8.95 2. Port Replicator Dell 4000 1.00 3.00 8.95 3 Port Replicator Dell 5000e 1.00 3.00 8.95 1 Port Replicator Dell 7000 1.00 3.00 8.95 22 Port Replicator Dell 7500 1.00 3.00 8.95 1 Port Replicator Inapiron 5000e 1.00 3.00 8.95 2 PORT REPLICATOR-INSPIRON 7500 1.00 3.00 8.95 1 Dell E770 17" Monitor 1.25 3.50 10.50 2 Dell Optiplex E711P Monitor 17" 1.25 3.50 10.50 4 Dell Ultrascan P7B0 Monitor 17" 1.25 3.50 10.50 1 Dell 17" Monitor 1.25 3.50 10.50 1 Sony Spressa CRX100E/X2 CD-Read/Write 1.25 3.50 10.50 EQDTL063 Equipment Rental Rates Report MIKE 7/14/OS 11:44:02 16. O1 Pinkard Construction Co. ------------------------------------------------- _________________________________"------------_--------'_____ Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly --------------------------------------------"-----"""------""------------"----------_______-----------_______- 1 Compaq 14" Computer Monitor 1.50 4.25 12.50 1 MAG LCD Flat Panel Monitor 14" 1.50 4.25 12.50 2 Sony CD-R/RW Drive CRX17SOU 1.50 4.25 12.50 9 Dell Flat -Panel Monitor 17" E171FP 1.50 4.25 12.75 1 Dell Ultrascan P780 17" Monitor 1.50 4.25 12.75 2 Dell M780 17" Monitor 1.75 5.00 15.00 2 Dell P793 Diamondtron Monitor 17" 1.75 5.00 15.00 1 ➢ell 1025HT 17" Monitor 1.75 5.00 15.00 1 Iomega 100mb Zip Drive External USE 1.75 5.00 15.00 1 IOMEGA ZIP 300USB 1.75 5.00 15.00 1 Microscan 4V 15" SVGA Monitor 1280x1024 2.00 6.00 18.00 1 APT Smart UPS 1000 2.50 7.50 21.25 1 Dell Latitude X-200 Media Base & DVD/RW 2.50 7.50 22.00 1 HP CD -WRITER PLUS 2.75 7.75 23.00 1 Dell 1702 Flat Screen Monitor 2.75 8.25 24.50 1 Dell Flat -Panel Monitor 1901Fp 3.50 10.50 31.00 2 Dell Dimension 2400 P4 512mb 2.59hz 80g 3.75 11.25 33.50 1 Dell Dimension 4600 P4 160gb 39hz 2gbRAM 4.25 12.50 37.50 1 Dell Dimension 4600 P4 2gb 2.4ghz 40gb 4.25 12.50 37.50 7 Dell Dimension 4600 24 512mb 2.4ghz80gb 4.25 12.50 37.50 1 Dell Ultrascan P1110 21" Monitor 4.95 14.75 44.00 1 NEC Multisync FP2141SB 22" Monitor 5.50 16.50 49.50 1 PCC Rebuilt P4 1.5ghz 256RAM 40g Drive 5.75 16.75 50.00 1 Dell Optiplex GX-150 512mb 109b 6.30 18.90 56.50 1 Dell Optiplex GX-1S0 512m1, lOgb lghz 6.30 16.90 56.50 5 Dell Inspiron 1150 512mb 2.4ghz 30mb 7.00 21.00 62.75 1 Dell Precision 360 1g RAM lghz SOgb 7.25 21.75 63.75 1 Compaq Deskpro 2000 P-120 32mb 2.lgb 7.25 28.25 64.75 1 Compaq Prolinea 5100 P-100 78mb 7.25 28.25 84.75 1 Dell Precision 370 Mini Tower 7.50 22.50 67.25 1 Dell Optiplex GX400 P4 1.8ghz 20gb 2gb 9.50 28.50 85.00 1 Dell Optiplex GX400 P4 lgb 209b 256mb 9.50 26.50 85.00 1 Dell Inspiron 4000 256MB 10GB HD 9.75 29.25 87.50 1 Dell Inspiron 4000 650mhz 256mb 109 9.75 29.25 87.50 1 Dell-3800 LT 600 mhz 96mb (XUSERI) 9.95 29.50 86.00 1 Dell-3800 LT 600 mhz 96mb (XUSER2) 9.95 29.50 68.00 1 Dell-3800 LT 600 no 96mb (XUSER3) 9.95 29.50 88.00 1 Dell-3800 LT 600 mhz 96mb (XUSER4) 9.95 29.50 68.00 1 Dell-3800 LT 700 mhz 256mb (XUSERS) 9.95 29.50 88.00 1 Dell-3800 LT 700 mhz 256m1, (XUSER7) 9.95 29.50 88.00 Dell Dimension L-566-cx 512mb 40g 566mhz 11.50 33.50 100.00 1 Dell Dimension 6500 96mb lOgb 11.50 33.50 100.00 1 Dell Dimension L550r P-III 512mb 10gb 11.50 33.50 100.00 1 Dell Dimension L550r P-3 10gb 128mb 11.50 33.50 100.00 1 Dell L600R P-rII 600mhz 128mb 10gb 11.50 33.50 100.00 _ Dell XPS R350 64mb logb 11.50 33.50 100.00 1 Dell XPS 166mhz MMX 32mb egb Zip-100 11.50 33.50 100.00 5 Dell XPS 166mhz MMX 64mb 2.lgb 11.50 33.50 100.00 1 Dell XPS 166mhz MMX 64mb 4gb 11.50 33.50 100.00 1 Dell XPS 166MHZ MMX-64MB 3.1 GB 11.50 33.50 100.00 3 Dell XPS 200mhz Pentium 64mb 2.1gb 11.50 33.50 100.00 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 17. O1 Pinkard Construction Co. -------------------------------------------------------------------------------------------------------------- Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly ----------------------------------------------------------------_--------_----_--------------------_---------- 1 Dell XPS 233mhz Pentium II 126mb 11.50 33,50 100.00 3 Dell XPS-166mhz MMX 64mb 2.1gb 11.50 33.50 100.00 1 Dell XPS-233 P-II 128m1, 8.4gb HD 11.50 33.50 100.00 1 DELL DIMENSION XPS R350 11.50 33.50 1DO.00 1 DELL DIMENSION XPS R350 384mb 8gb 11.50 33.50 100.00 DELL DIMENSION XPS R350 64mb 9.49b 11.50 33.50 100.00 1 DELL DIMENSION XPS 40D 11.50 33.50 100.00 1 DELL DIMENSION XP9450 256 ME 10GB 11.50 33.50 100.00 1 DELL L550R P;III 550MHZ 128MB 10GB 11.50 33.50 100.00 1 DELL XPS 233 MHZ PENTIUM II 128mb 11.50 33.50 100.00 1 DELL XPS 300MHZ P-II 128mb 8-9b PC 11.50 33.50 100.00 1 DELL XPS-R350 128mb 8.4gb 11.50 33.50 100.00 1 DELL XPS-R350 384MB 8.4 GB 11.50 33.50 100.00 1 DELL XPS-200 MMX 64mb 3.2gb 11.50 33.50 100.00 1 DELL XPS-233 P-II MMX 128mb 8.4 gb 11.50 33.50 100.00 1 PCC Rebuild Celeron 2ghz 512mb XFX 11.50 33.50 100.00 2 Dell Precision 450 Xeon/533 2.4ghz 36gb 11,75 35.00 105.00 1 Dell Inspiron 5000e P3 600mhz 96mb 109b 13.50 40.50 121.50 1 Dell Inspiron 5000e 600mhz, 96mb, lOgb 13.50 40.50 121.50 1 Dell Inspiron 5000e 600mhz,96mb,10gb 13.50 40.50 121.50 1 Dell Inspiron 5000e 256mb 800mhz llg 15.00 45.00 125.00 1 Dell Inspiron 7000 266mhz 256mb 20gb 15.00 45.00 125.00 1 Dell Inspiron 7000 300mhz 192mb 4.6gb 15.00 45.00 125.00 1 Dell Inspiron 7000 3OOmhz 192mb 4.e9b 15.00 45.00 125.00 1 Dell Inspiron 7000 333mhz 128mb 4gb 15.00 45.00 125.00 1 Dell Inspiron 7000 366mhz 96mb 6,4gb 15.00 45.00 125.00 1 DELL INSPIRON 3200 D233 NOTEBOOK PC 15.00 45.00 125.00 1 DELL INSPIRON 3200 D266X7 NOTEBOOK PC 15.00 45.00 125.00 1 InSpiron 5000e e00mhz P3 256MB 18.6g 15.00 45.00 125.00 1 Dell Inspiron 7500 LT R450 192mb 4gb 17.50 51.75 155.00 1 Dell Inspiron 7500 LT 400mhz 96mb 4.6gb 17.50 51.75 155.00 1 Dell Inspiron 7500 LT 600mhz 128mb 129b 17.50 51.75 155.00 1 Dell Inspiron 7500 LT500 96mb 6.4gb 17.50 51.75 155.00 1 Dell Inspiron 7500 R450 LT 128mb 12gb 17.50 51.75 155.00 2 Dell Inspiron 7500 R450 LT 512mb 20gb 17.50 51.75 155.00 6 Dell Inspiron 7500 R450 LT 96mb 4gb 17.50 51.75 155.00 1 Dell Inspiron 7500 R450LT 256mb 6.4gb 17.50 51.75 155.00 1 Dell Inspiron 7500 R450LT 96mb 189 17.50 51.75 155.00 1 Dell Inspiron 7500 R45OLT 96mb 6.4gb 17.50 51.75 155.00 4 Dell Inspiron 7500 R450LT 96mb 6gb 17.50 51.75 155.00 1 Dell InSpiron 7500 R500LT P-III 96mb 6gb 17.50 51.75 155.00 1 Dell InSpiron 7500 RSOOLT 256mb 129b 17.50 51.75 155.00 1 Dell Inspiron 7500 256mb 6.4gb ZIP100 17.50 51.75 155.00 1 Dell Inspiron 7500 400LT 96mb 6.4gb 17.50 51.75 155.00 1 Dell Inspiron 7500 96mb 400mhz 6g Zip100 17.50 51.75 155.00 2 Dell Inspiron 750OLT R500 96mb 6.4gb 17.50 51.75 155.00 1 Dell Inspiron 7500LT 450mhz 512mb 20gb 17.53 51.75 155.00 3 Dell Inspiron 750OLT 600mhz 96mb 69b 17.50 51.75 155.00 1 Dell Inspiron 8000 128mb 18gb 17.50 51.75 155.00 1 Dell Inspiron 8100 p3 lghz 309b 17.50 51.75 155.00 1 Dell Inspiron 8100 P3 l.lghz 128mb 30gh 17.50 51.75 155.00 .. ....wr 5.01 Performance, Payment and Other Bonds A. Design/Builder 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 Design/Builder's obligations to furnish, provide and pay for Work and related materials 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. Design/Builder shall also furnish such other Bonds as are required by the Contract Documents. B. 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 by the Audit Staff, Bureau of Government Financial Operations, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by Design/Builder 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 5.01.13 and 5.02, Design/Builder shall within twenty ten 10 days thereafter substitute another Bond and surety, both of which shall eemply with th tega+rements ef—paragraphs 5.01.14and 3-9= must be acceptable to Owner. 5.02 Licensed Sureties and Insurers ! A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Design/Builder 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. 5.03 Certificates of Insurance A. Design/Builder shall deliver to Owner, with copies to each additional insured indicated in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Design/Builder is required to purchase and maintain. Owner shall deli -el: to DesignBBuilder, with eepie to eaeh additional instiFed 5.04 Design/Builder's Liability Insurance A. Design/Builder shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Design/Builder's performance of the Work and Design/Builder's other obligations under the Contract Documents, whether it is to be performed by Design/Builder, any Subcontractor or Supplier or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. Claims under workers' compensation, disability benefits and other similar employee benefit acts 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Design/Builder's employees; 3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Design/Builder's employees; 4. Claims for damages insured by reasonabl available personal injury liability coverage which are sustained 6) by any person as a result of an offense directly or indirectly related to the employment of such person by Design/Builder, or (ii) by any other Derson for any other reason 5. Claims for damages, other than to the Work itself, because of iniury to or destruction of tangible property wherever located, including loss of use resulting therefrom: and 6. Claims for damages because of bodily in ur or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle B. The policies of insurance required by paragraph 5.04.A shall: 1. With respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, 5 04 B.3 and- . (subject to any customary exclusion in respect of professional liability) include as additional insureds Owner and Owner's Consultants and antother persons or entities indicated in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright e02002 National Society of Professional Engineers for EJCDC All rights reserved. Includes City of Fort Collins modifications dated 09/2004 11 EQDTLO63 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 is. 01 Pinkard Construction Co. --------------------------`------------------------------------------------------------.--_-----.------_.--'_. Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly -------------------------------------------------------------------------------------------------------------- 1 Dell Inspiron 8100 P3 1.169hz 512mb 20gh 17.50 51.75 155.00 1 Dell Inspiron 8100 P3 lghz 256mb 309 17.50 51.75 155.00 1 Dell Inspiron 8100 P3 lghz 256mb 309b 17.50 51.75 155.00 1 Dell Inspiron 8100 P3 lghz 30gb 17.50 51.75 155.00 3 Dell Inspiron 8100 P3 lghz 30gb 256mb 17.50 51.75 155.00 1 Dell Inspiron 6100 P3 lghz 512mb 409h 17.50 51.75 155.00 1 Dell Inspiron 8100 P3 256mb lghz 379b 17.50 51.75 155.00 1 Dell Inspiron 8100 P3 512mb lghz 309b 17.50 51.15 155.00 1 Dell Inspiron 8100 1.lghz 512mb 10gb 17.50 51 J5 155.00 1 Dell Inspiron 6100 lghz 126ram 109b 17.50 51.75 155.30 1 Dell Inspiron 8100 lghz 512mb 10gb 17.50 51.75 155.00 1 Dell Inspiron 8100 lghz 512mb 10gb 17.50 51.75 155.00 2 Dell Inspiron 8200 P4 1600mhz 256mb 30gb 17.50 51.75 155.00 1 Dell Inspiron 8500 P4 309b 2.2ghz 512mb 17.50 51.75 155.00 1 Dell Inspiron 8500 P4 309b 2ghz 256mb 17.50 51.75 155.00 2 Dell Inspiron 8500 P4 30gb 512mb 29hz 17.50 51.75 155.00 1 Dell Inspiron 8500 P4 38gb 2.29hz 512mb 17.50 51.75 155.00 2 Dell Inspiron 8500 24 40gb 2.Sghz 512mb 17.50 51.75 155.00 1 Dell Inspiron 8500 P4 409b 512mb 2ghz 17.50 51.75 155.00 2 Dell Inspiron 8503 P4 512mb 30g 2.29hz 17.50 51.75 155.00 1 Dell Inspiron 8500 P4 512mb 40gb 2.09hz 17.50 51.75 155.00 1 Dell Inspiron 8500 P4 512mb 40gb 2,2ghz 17.50 51.15 155.00 1 Dell Inspiron 8500 P4 512mb 40gb 2.4ghz 17.50 51.75 155.00 1 Dell Latitude X200 800mhz P3 30gb 256mb 17.50 51,75 155.00 1 Dell 7500LT 600mhz P-III 128mb 6gb 17.50 51.75 155.00 1 DELL LATITUDE D400 LAPTOP 17.50 51.75 155.00 10 DELL LATITUDE D610 LT 17.50 51.75 155.00 1 Dell Inspiron 750OLT 600mhz 192mb 18gb 19.50 58.50 175.00 1 Dell Inspiron 7500 600mhz 192mb 20gbHD 25.75 71.00 212.25 Office/Field; Computer Printers 1 HP 540 Deskjet 12.25 1 HP 6L Laserjet 17.75 1 HP Deskjet 3745 .35 1.00 2.75 1 Apollo P-2200 Color .75 1.75 5.00 1 Apollo P2200 Color Printer .75 1.75 5.00 1 HP LaserJet 1000 (USE) 1.00 3,00 9.00 1 HP 66Cc Deskjet Color 1.25 3.75 11.00 6 HP Deskjet 9300 1.50 4.25 12.75 1 HP 540c Deskjet Color 1.75 5.75 15.00 8 HP 1100 Laserjet 1.95 5.75 16.75 1 HP 6Lse Laserjet 2.25 6.15 is.50 1 HP 6L Laserjet 2.25 6.25 6.50 4 HP 6L Laserjet 2.25 6,25 18.50 1 HP 6Lse Laserjet 2.25 6.25 18.50 1 HP 1000c DeskJet Color 2.25 6.25 18.75 3 HP 895cse ➢esk3et Color 2.25 6.25 18.75 1 HP 895cse Deskjet Color 2.25 6.75 18.75 1 HP 61,se LaserJet 2.90 6.25 18.50 6 HP 4L Laserjet 2.90 B.50 25.00 EQDTL063 Equipment Rental Races Report MIKE 7/14/05 11:44 :02 19. -------------------------------------------------------------------------------------------------------------- 01 Pinkard Construction Co. Minimum Quantity -------------------------------------------------------------------------------------------------------------- Equipment Description Hours Hourly Daily Weekly Monthly 1 HP SL Laserjet 2.90 8.50 25.00 1 HP-2200D LaserJet 3.25 9.25 27.50 1 HP 2100m Laserjet 3.25 9.50 28.50 1 HP 1120C Deskjet Color 3.75 11.00 32.00 1 HP 1120cse Color 3.75 11.00 32.00 4 HP 1120cse Deskjet Color 3.75 11.00 32.00 1 HP 1220cse Deskjet Color 4.00 11.25 35.00 1 H.P. Deskjet 1220cse 4.00 11.75 35.00 1 H.P. Laserjet 1200se 4.00 11.75 35.00 1 H.P. Laserjet 1300 4.00 11.75 35.00 9 H.P. LaserJet 1200se 4.00 11.75 35.00 1 HP ➢ESKJET 5700 PRINTER 4.00 11.75 35.00 1 HP LaserJet 1300 4.00 11.75 35.00 1 HP 1120C DeskJet Color 4.00 11.75 35.00 9 HP 1120cse Deskjet Color 4.00 11.75 35.00 3 HP 1220cse Deskjet Color 4.00 11.75 35.00 6 HP 1220cse DeskJet Color 4.00 11.75 35.00 1 HP 6MP Laserjet 5.00 15.00 45.00 1 IBM In£oprint 1332 Network Printer 5.35 16.00 47.75 2 HP LASERJET 1012 7.00 20.00 60.00 1 HP 4 Laserjet 7.00 20.00 60.00 1 HP 6540 ➢ESKJET PRINTER 7.00 20.00 60.00 2 IBM Infoprint 1125 Network Printer 7.25 22.75 68.00 1 IBM 4317 Network Printer (LASER2) 10.75 31.75 95.00 1 IBM 4317-001 Network Printer (LASERL) 12.50 37.00 110.00 1 Epson Stylus Pro 9600 Plotter w/ SoftRip 42.00 130.00 380.00 Office/Field: ---------------------------------------- ComputerScanner 1 HP Scanjet 2400 .50 1.00 2.75 1 HP Scanjet 5200 cse 1.00 3.00 8.95 1 HP Scanjet 5200c 1.50 4.50 13.50 1 H.P. Scanjet 6250 Cse 2.75 7.50 22.25 Office/Field: ---------------------------------------- Computer Zip Drives 4 Iomega Zip 100 USE .25 .75 2.00 1 Iomega Zip 250 USB .50 1.00 2.25 1 Iomega Zip Drive 100mb 1.75 5.00 15.00 1 Iomega Zip Drive 100mb (Parallel) 1.75 5.00 15.00 18 Iomega Zip Drive 100mb USB 1.75 5.00 15.00 4 Iomega Zip Drive 100mb USE -Powered 1.75 5.00 15.00 Office: Computer Server/Router/Switch ---------------------------------------- 1 Easy Print PC Printer Sharing Control 6.40 1 COnnectronix 7519 Converter Box 36.85 1 Linksys 8-Port Workgroup Switch .25 .75 2.25 2 Linksys 10/100 8-Port Workgroup Switch .35 1.05 3.15 1 ➢-Link DSS8, Switch .50 1.00 2.00 1 Zoom 56-k External Modem V.90 Model 2949 .50 1.50 4.50 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 20. -------------------------------------------------------------------------------------------------------------- O1 Pinkard Construction Co. Minimum Quantity -------------------------------------------------------------------------------------------------------------- Equipment Description Hours Hourly Daily Weekly Monthly 3 Cisco 678 DSL Modem .75 1.73 5.00 1 Netgear 16-Port 10baseT Ethernet Hub .75 1.75 5.00 1 Cisco 678 DSL Modem/Router .75 1.90 5.50 1 ACtionTec Witless Ready DSL Gateway .75 2.25 6.25 1 Avocent Switchview 8PT KVM 1.00 2.25 6.75 1 Netgear JFS516 16-Port 10/100 Switch 1.00 2.75 8.25 2 Flowpoint 128 ISDN Router 2.50 7.50 21.75 1 Sonicwall TZW Wireless Router/VPN 3.00 8.00 26.00 1 Sonicwall SOHO TZW 10 User WLAN Router 3.00 8.75 26.00 1 Sonicwall SOHO TZW 3.00 8.75 27.00 1 Wireless Kit (ROUter,Cards,ETH Convert.) 3.75 10.75 31.75 1 Dell Dimension 3000 3.75 11.00 33.00 1 Connectronix cc-7525 Protocol Convertor 3.75 11.15 33.50 2 Netscreen Sxp Internet Firewall 5.25 15.50 46.00 1 Netscreen-5xp Internet Firewall 10-User 5.25 15.50 46.00 1 NetScreen Internet Firewall 5xp 10-User 5.25 15.50 46.00 1 NetScreen-5 Internet Firewall NS-005-001 5-25 15.50 46.00 2 NetScreen-5xp 10-User Internet Firewall 5.25 15.50 46.00 1 Dell Poweredge 1850 2.6GHZ Xeon 13.00 36.50 115.50 1 V133-4514 VISION SERVER 13.00 38.50 115.50 Office: Fax ---------------------------------------- Machines 1 NEC/NEFAX HIT-V 1 Pana£ax UFS80 9.50 27.00 106.50 80.00 Office: Marketing/Advertising ---------------------------------------- Equipment I Video Cassette Recorder/TV (See 1-293) 19.50 77.00 Office/Field: ---------------------------------------- Video Equipment 1 Hitachi Projector 41.25 123.50 370.00 1 Mitsubishi XLBU-RE Projector 118.00 560.00 1 TLP651 PROJECTOR & SCREEN 118.00 560.00 Pallet Jack ---------------------------------------- 3 pallet jack 5500 15.50 48.00 144.00 1 BLUE GIANT 5000 PALLET JACK 27X48 15.50 48.00 144.00 1 Pallet Jack 15.50 48.00 144.00 Pick up Broom ---------------------------------------- I Pick up Broom 92.00 290.00 854.00 1 Pick-up Broom 92.00 290.00 854.00 1 60" Sweeper Pic -up Broom 92.00 290.00 854.00 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44: 02 21. 01 Pinkard Construction Co. -------------------------------------------------------------------------------------------------------------" Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly -------------------------------------------------------------------------------------------------------------- Power Washer 1 Power Washer 77.00 254.00 697.00 1 POWER WASHER 77.00 254.00 697.00 Pump - Sump ---------------------------------------- 1 Multiquip Submersible Pump 2" 17.00 52.00 156.00 1 MQ 2" SUMP PUMP 17.00 52.00 156.00 2 Sub Pump 110V 17.00 52.00 156.00 1 Sub Pump 110V 17.00 52.00 156.00 4 3/4" Sump pumps 17.00 52.00 156.00 1 2 Inch Pump 17.00 56.00 156.00 6 2" Sump pump 30.00 96.00 274.00 Pump - Water ----------------------------- I ---------- TRASH PUMP 34.00 112.00 319.00 1 Trash Pump 57.00 181.00 523.00 Planer ---------------------------------------- 1 PORTER CABLE ELETR DOOR PLANNER 9.75 30.00 90.00 1 Ryobi Hand Planner 9.75 30.00 90.00 1 STANLEY DOOR PLANER 9.75 30.00 90.00 1 STANLEY SS POWER PLANER 9.75 30.00 90.00 1 STANLEY PLANNER MOD. IS 9.75 30.00 90.00 Refrigerator ---------------------------------------- 1 14 of Refrigerator 30.00 Roto Hammer ---------------------------------------- 1 Bosch Rota Hammer Drill -SDS-Max 33.00 114.00 317.00 1 Bosch 1 1/2" Rotohammer 33.00 114.00 317.00 1 Bosch 1/2" Rota Hammer 33.00 114.00 317.00 1 BOSCH ROTO HAMMER 11/2/41 EDS 33.00 114.00 317.00 1 Hilti Rota Hammer 33.00 114.00 317.00 1 Hilti TE 76 ATC Rota Hammer 33.00 114.00 317.00 1 Rota Hammer 33.00 114.00 317.00 1 Rate Hammer Hilti 33.00 114.00 317.00 1 Rota Hammer Hilti TE 75 33.00 114.00 317.00 1 ROTO HAMMER 33.00 114.00 317.00 1 1 1/2 Spline Drive Rota Hammer 33.00 114.00 317.00 1 1 1/2 " ROTO HAMMER BOSCH SDS MAX 33.00 114.00 317.00 1 1 1/2" Rota hammer 33.00 114.00 317.00 1 1 1/2" Roto Hammer Bosch 227 E 33.00 114.00 317.00 1 1 1/2" Rote Hammer Bosch 227-E 33.00 114.00 317.00 1 1 1/2" Rota Hammer Drill 33.00 114.00 317.00 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 22. -------------------------""------------------------------------------------------------'__---------_'____ 01 Pinkard Construction Co. Minimum Quantity -------------------------------------------------------------------------------------------------------------- Equipment Description Hours Hourly Daily Weekly Monthly 1 1 1/2" SDS Hammer Drill 33.00 114.00 317.00 1 1 1/2" SDS Max Rota Hammer Bosch 33.00 114.00 317.00 1 11/2 Bosch Rota Hammer SDS MAX 33.00 114.00 317.00 1 11/2 Rota Hammer Bosch SDS-Max 33.00 114.00 317.00 1 11/2 Rota Hammer SDS Max 33.00 114.00 317.00 1 2" Rote Hammer 33.00 114.00 317.00 1 7/8 SDS Rota Hammer Bosch 33.00 114.00 317.00 Router ------__-'------------------------------ 1 Black & Decker 1 1/2 Hp Router 10.50 32.00 96.00 1 Plate Jointer 10.50 32.00 96.00 1 Port A Cable Router 690LR 10.50 32.00 96.00 1 Porter Cable - Laminate Trimmer 11.75 Safety Equipment ------------------------"___'----------- 58 28" SAFETY CONES .55 1 Lanyard Retractable Wire Rope 50' 3.30 16.50 66.00 1 10 Foot Retractor MSA 5.00 20.00 100.00 1 20 Foot Retractable Lanyard & Carabin 5.00 20.00 100.00 1 20' Retractor & Carabin 5.00 20.00 100.00 1 Lanyard Retractable Wire Rope 50' 5.00 25.00 100.00 2 Lanyard Retractable Wire Rope 50' 5.00 25.00 100.00 1 Lanyard Retractable Wire Rope-50ft. 5.00 25.00 100.00 1 LANYARD SELF -RETRACTING 50' 5.00 25.00 100.00 3 20 Foot Retractable Lanyard 5.00 25.00 100.00 Sander --------- ------------------------------ I Belt Sander Port A Cable 3.21 17.00 49.00 139.00 1 CLARKE POLISHER/SANDER FM-1100 17.00 49.00 139.00 1 Dewalt Palm Sander 17.00 49.00 139.00 1 GRINDER STANDUP/W ASTRA DISC 17.00 49.00 139.00 1 Milwaukee Sand & File 17.00 49.00 139.00 2 1 Palm Sander Palm Sander Dewalt DW420 17.00 49.00 139.00 2 Palm Sander Dewalt 17.00 49.00 139.00 1 Port a cabel Belt Sander 3X21 352vs 17.00 17.00 49.00 139.00 1 Port A Cable Belt Sander 3X21 17.00 49.00 139.00 1 Porter Cable Belt Sander 49.00 139.00 1 Sander Belt Portacable 17.00 49.00 139.00 17.00 49.00 139.00 Sand Blaster ---------------------------------------- 1 Landa Water Power Washer 97.00 300.00 900.00 EQDTL063 Equipment Rental Rates Reporc MIKE 7/14/05 11.44:02 23. O1 Pinkard Construction Co. --------------------- _------ _----------------------------------------------------------- ______________________ Minimum Quantity E011lpment Description Hours Hourly Daily Weekly Monthly ---------------------------------------- _______________._------______-______-----_____----_-______--___________ Saw - Concrete ---------------------------- 1 ____________ TARGET CONCRETE SAW 14 INCH 52.00 160.00 480.00 Saw - Saw Buck ---------------------------------------- 2 Delta Saw Buck 16.50 51.00 153.00 Saw - Cut Off ---------------------------------------- 1 Makita 14" Abrasive Cut Off Saw 23.00 72.00 216.00 1 Milwaukee Cut Off Saw 23.00 72.00 216.00 Saw ---------------------------------------- - Demolition I Makita Demo Saw 16.50 51.00 153.00 1 Homelite Demo Saw Gas Powered 45.50 140.00 420.00 1 MAKITA DEMO SAW 45.50 140.00 420.00 1 DEMO SAW DSKC80/14" 45.50 150.00 420.00 1 Makita Demo Saw 45.50 150.00 420.00 1 MAKITA DEMO SAW 45.50 150.00 420.00 1 14" Makita Demo Saw 45.50 150.00 420.00 Saw - ---------------------------------------- Shop I Band Saw Deep -Cut Milwaykee 44.00 135.00 388.00 1 Deep Cut Band Saw 44.00 135.00 388.00 1 Milwaukee Deep Cut Porta-Band 44.00 135.00 388.00 1 Milwaukee Deep -Cut Handsaw 44.00 135.00 388.00 1 Port -A- Band Deep Cut 44.00 135.00 388.00 1 Portable Bandsaw 44.00 135.00 388.00 Saw - ---------------------------------------- Circular 1 B S D 8 1/4" Worm Drive 29.00 94.00 278.00 1 DeWalt Skillsaw 29.00 94.00 278.00 2 DeWalt Skillsaw 7 1/4 29.00 94.00 278.00 1 DeWalt Skillsaw 7/14 29.00 94.00 278.00 5 DeWalt Skillsaw 71/4 29.00 94.00 278.00 1 DeWalt SKILLSAW 7 1/4 29.00 94.00 278.00 1 DeWalt 7 1/4 Skill Saw 29.00 94.00 278.00 1 DeWalt 7 1/4 Skillsaw 29.00 94.00 278.00 1 DeWalt 7/14 Skillsaw 29.00 94.00 278.00 3 DeWalt 71/4 Skillsaw 29.00 94.00 278.00 1 Metal Saw - Steel Cutter 29.00 94.00 278.00 1 Milwaukee 7 1/4" Circular Saw 29.00 94.00 278.00 1 Skill HD77 Wormdrive 29.00 94.00 278.00 2 Skill Saw HD77 29.00 94.00 278.00 2 Skilsaw 7 1/4 29.00 94.00 278.00 1 7 1/4 Milwaukee Circular Saw 29.00 94.00 278.00 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11;44:02 24. 01 Pinkard Construction Co. -----------------------------------------------------------------------------'_'--------------.__-____..__..__ Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly ____________________________________________________'___-__---------__-_-----"---__-------"-_'"__---------_--- 1 7 1/4 Saw Worm Drive 29.00 94.00 278.00 1 7 1/4 Skillsaw HD77 29.00 94.00 278.00 1 7 1/4" Skill Saw Worm Drive 29.00 94.00 278.00 1 7 1/4" Worm Drive 29.00 94.00 278.00 1 7/14 Wormdrive Skill Saw 29.00 94.00 278.00 1 7/14 Wormdrive Skillsaw 29.00 94.00 278.00 1 71/4 Wormdrive HD77 29.00 94.00 278.00 2 71/4 Wormdrive Skill Saw HD77 29.00 94.00 278.00 1 8 1/4" Milwaukee Circular Saw 29.00 94.00 278.00 Saw - Reciprocal/Saws All -----------------------------------"_--- 1 Bosch Sawsall Reciprocal 16.00 51.00 140.00 1 ➢W 305 Reciprocal Saw 16.00 51.00 140.00 1 Milwaukee Sawsall 16.00 51.00 140.00 8 Milwaukee Sawzall 16.00 51.00 140.00 1 Reciprocal/Saw All Milwaukee 16.00 51.00 140.00 1 Resiprical Saw Milwallky 16.00 51.00 140.00 1 Sawall Milwaukee 16.00 51.00 140.00 4 Sawzall Milwaukee 16.00 51.00 140.00 1 SAWZALL MILWAWKEE 16.00 51.00 140.00 1 Milwaukee Sawzall 16.00 54.00 147.00 Saw - Table ---------------------------------------- 1 Radial Arm Saw Delta 48.00 205.00 531.00 1 Bosch 4000 Table Saw w/ Stand 65.00 220.00 703.00 1 Delta 10" Table Saw 65.00 220.00 703.00 1 DEWALT RADIAL TABLE SAW 16" 65.00 220.00 703.00 2 ROCKWELL TABLE SAW 10" 65.00 220.00 703.00 1 Table Saw Delta 10" 65.00 220.00 703.00 1 Table Saw Dewalt 65.03 220.00 703.00 Scabbler ------------"'------'___------"'-___-- 1 SCABBLER Scaffolding _. "'------------------- "'------__----- 6 HEAVY DUTY END FRAMES 3FT 6IN 1B Light Duty End Frames - 5' 152 LIGHT DUTY END FRAMES 102 LIGHT DUTY WALK THRU END FRAMES 16 HEAVY DUTY END FRAMES 6FT 29 (19) 12' 2 x 10 Scaffold Plank 105 16` 2 x 10 Scaffold Plank 8 Baker Scaffolding 6 Scaffolding w/ Casters Il Section) 39. 00 26. 00 120.00 360.00 48.00 2.72 3.06 3.06 3.06 3.07 10.00 10. 00 27.50 135.00 EQ➢TL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 25. -------------------------------------------------------------------------------------------------------------- O1 Pinkard Construction Co. Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly Screw Gun ---------------------------------------- 1 B & D SCREW GUN 9.00 28.00 84.00 1 Black & Decker Screw Gun 9.00 28.00 84.00 1 BLACK AND DECKER SCREW GUN 9.00 28.00 64.00 3 Dewalt Screw Gun 9.00 28.00 84.00 1 Metal Sheer Modle M440 9.00 28.00 84.00 1 Screw Gun - Dewalt 9.00 28.00 84.00 2 Screw Gun Dewalt 9.00 26.00 84.00 1 Screw Gun DW 276 Dewalt 9.00 28.00 84.00 2 Screw Gun Milwaukee 9.00 28.00 84.00 1 Screw Gun Quick -Drive. 16.00 53.00 132.00 Set Forks ---------------------------------------- (Bobcat attachment) 1 FORKS FOR SKID STEER 35.00 104.00 299.00 2 Pallet Forks for Bobcat 35.00 104.00 299.00 1 Set of Forks for Bobcat 35.00 104.00 299.00 1 Set Forks (Bobcat) 35.00 104.00 299.00 1 68" LO PRO BOBCAT BUCKET 47.00 148.00 442.00 Shear Wall --___----------------------------------- Brackets 36 Ellis Shear Wall Brackets 4.00 Shop - Oxygen/Acetylene Tanks ---------------------------------___---- 5 ACETYLENE TANKS (PCC) 11 OXYGEN TANKS (PCC) 3.35 3.35 Shop - Snowblower --------- ----------'_-----__-----___'___ 1 Bolen snow Blower Shp 2 stage 36.00 112.00 336.00 Spider Box ---------------------------------------- 1 HUBBELL SPIDER BOX 4.00 12.00 36.00 4 Spider Box 4.00 12.00 36.00 Glass Suction ---------------------------------------- Cups (811) 4 8" Glass Suction Cup 3.79 18.97 31.61 Telephones ---------------------------------------- 5 Telephones 8.33 EQDTL063 Equipment Rental Races Report MIKE 7/14/05 11:44:02 26. 01 Pinkard Construction Co. --------------------------------------"-------"------------------------"-----------------------.-------------- Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly ----------------------------------------------"--------------------------------------------------------------- Template 1 ROCKWELL BUTT TEMPLATE 11.50 36.00 108.00 1 ROCKWELL BUTT TEMPLATE MODEL 5938 11.50 36.00 108.00 Tenth Rod ---------------------------------------- 4 Fiberglass Rod 6.50 20.00 60.00 1 Glass Rod inches 6.50 20.00 60.00 1 Glass Rod 1" 6.50 20.00 60.00 3 Glass Rod loth 6.50 20.00 60.00 1 Grade Rod 20' in 1" 6.50 20.00 60.00 1 Tenth Rod 6.50 20.00 60.00 1 Tenth Rod l" 6.50 20.00 60.00 1 lath Rod 6.50 20.00 60.00 Theodolite 1 COMP CALCULATOR HP 48GX 3.75 27.00 108.00 COMP CALCULATOR HP 48GX TOP BOW 3.75 27.00 108.00 1 Accugard Laser Level 30.00 80.30 250.50 1 DIG. THEODOLITE 30.00 80.00 250.00 1 L-600 Laser Level 30.00 80.00 250.00 1 Laser Level 30.00 80.00 250.00 1 LASER LEVEL RL-H3C 30.00 80.00 250.00 1 LB 10 Laser Beacon 30.00 80.00 250.00 1 LEITZ THEODODITE LEVEL 30.00 80.00 250.00 1 LEETZ THEODOLITE TS-20 30.00 80.00 250.00 1 MAG LOCATOR 30.00 80.00 250.00 1 NIKON THEODOLITE 30.00 80.00 250.00 1 Pentax Auto Level 30.00 80.00 250.00 1 Pentax Digital Theodlite 30.00 80.00 250.00 1 PENTAX AUTO LEVEL W/ TRIPOD 30.00 80.00 250.00 1 ROTATING LASER TRANSIT CLS721-5 30.00 80.00 250.00 1 LEITZ THEODOLITE TS-20 48.00 146.00 445.00 1 Total Station 70.00 250.00 995.00 1 Total Station (survey equipment) 70.00 250.00 995.00 1 Total Station Leica TC405 70.00 250.00 995.00 1 Pentax Distangular Theodolite 87.50 257.00 770.00 1 Pentax Distangular Transit 87.50 257.00 770.00 Wire Reel ---------------------------------------- 2 Wire Reel (Tie Wire) 5.00 EQDTL063 Equipment Rental Rates Report MIKE 7/1_4/05 11:44:02 27. O1 Pinkard Construction Co. -------------------------------------------------------------------------------------------------------------- Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly -------------------------------------------------------------------------------------------------------------- Torch - ---------------------------------------- Cutting 6 Cutting Torch Trailer ---------------------------------------- - Hauling 1 Big Tex 20' Flatbed Trailer 1 HEFTY PRODUCTS TRAILER ,Trailer ---------------------------------------- - Office 1 CSI Mobile Office Trailer 10x50 1 Indies. Office Trailor 12X60 1 MARK LINE OFFICE TRAILER 60 X 12 1 Space Master Office Trailer 1991 1 Space -aster Office Trailer 1987 12x60 1 Williams Scotsman Office Trailer 10xS0 1 10 x 44 Office Trailer (Advanced Modular 1 10 X 44 Office Trailer (Miller Structure 1 12X60 OFFICE TRAILER 1 1990 12x60 UNITED MFG Office Trailer 1 20' COMBO TRAILER (10' OFFICE) 1 24 x 60 Trailer Trailer - Storage 1 1966 FRU Trailer & generator 1 Dorsey Storage Van 1978 1 Dunham Storage Van - 1983 1 Highway Storage Van 1978 1 MONON STORAGE VAN 1982 1 STOUGHTON STORAGE VAN 1976 1 UTILITY VAN TRAILER 35' 1 UTILITY VAN TRAILER 40' 1 Dunham Storage Van - 1964 Transit & Surveying Equipment ---------------------------------------- 1 SURVEYOR CHAIN & REEL 1 SURVEYORS CHAIN & REEL 500' 1 05500B SURVEYOR CHAIN & REEL 1 Rod Eye 4 Detector - Surveying Reflector Trash Container ---------------------------------------- 1 Cama Lever 2 yd. Trash Bucket 6 Trash Container 25.00 75.00 225.00 6,500 55.00 200.00 589.00 19.630 55.00 200.00 589.00 - 29.00 115.00 275.00 29.00 115.00 275.00 29.00 115.00 275.00 29.00 115.00 275.00 29.00 115.00 275.00 29.00 115.00 273.00 29.00 115.00 275.00 29.00 115.00 275.00 29.00 115.00 275.00 29.00 115.00 275.00 29.00 115.00 275.00 29.00 115.00 275.00 51000.00 55.00 200.00 389.00 55.00 200.00 589.00 55.00 200.00 589.00 55.00 200.00 589.00 55.00 200.00 589.00 55.00 200.00 589.00 55.00 200.00 589.00 6.880 55.00 200.00 589.00 1.45 1.45 1.45 5.00 15.00 50.00 12.25 50. 00 7.00 20.00 50.00 officers, directors, partners, and employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. Include atleast 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; the limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For paragraphs 5.04.A.1 and 5.04.A.2: Coverage A — Statutory limits: Coverage B -- $100,000/ $100,000/ 500 000. For paragraphs 5.04.A.3 and 5.04.A.5: The Commercial General Liability Policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosions, Collapse, and Underground coverage unless waived by the Owner. For paragraph 5.04.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). For paragraph 5.04.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. For paragraph 5.02.C: The Professional Liability Errors & Omissions policy will have limits of $5,000,000. 3. Include completed operations insurance: 4. Include contractual liability insurance covering Design/Builder' 5. Contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to Owner and each other additional insured indicated in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Design/Builder pursuant to paragraph 5.03 will so provide); 6. Remain in effect at least until final payment and at all times thereafter when Design/Builder may be correcting, removing or replacing defective Construction in accordance with paragraphs 12.06 and 12.07; and 7. With respect to completed operations insurance, and any other insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and Design/Builder shall furnish Owner and each other additional insured indicated 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). C. Design/Builder's Professional Liability Errors & Omissions Insurance. Design/Builder shalt purchase and maintain such Professional Liability Errors & Omissions insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims which may arise out of or result from Design/Builder's performance and furnishing of the Work and Design/Builder's other obligations under the Contract Documents, whether it is to be performed or furnished by Design/Builder, 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. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Design/Builder under paragraph 5.04, 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. 5.06 Pr-opeA3 Builders Risk Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Construction at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as `may be provided in the Supplementary Conditions or required by Laws or Regulations). This insurance will: I. Include the interests of Owner, Owner's Consultant, Design/Builder, Subcontractors, and any other individuals or entities indicated in the Supplementary_ Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured: 2. Be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Construction, temporary buildings, falsework and all materials and equipment in transit, and shall insure against at least the following perits or causes of loss: fire, lightning, extended coverage, theft, vandalism and EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 292002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated OW2004 12 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 28. O1 Pinkard Construction Co. ------------------------------------------------------------------- ""______---------------------------------- Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly -------------------------------------------------------------------------------------------------------------- Trash Chutes-cop/door/wrap around ---------------------------------------- is Wrap Arounds (goes w/trash chute) 40.00 1 Top Hopper (goes w/trash chute) 48.00 2 Door Sections (goes w/Trash chute) 68.00 Trash Carts 10 --------------'______--- Trash Dumpster 250.00 3 Continental Trash Cart 19.50 60.00 180.00 1 Plastic Trash Cart 1/2 Yard 1950. 60.00 180.00 1 Plastic 1/2 Yard Trash Cart 19.50 60.00 180.00 1 1/2 yard Rubber Maid Trash Cart 19.50 60.00 180.00 2 1/2 Yard Trash Cart 19.50 60.00 180.00 2 1/2 Yard Trash Cart Continental 19.50 60.00 180.00 3 1/2 Yard Trash Cart Rubbermaid 19.50 60.00 180.00 Truck - Pickup 1 2001 Dodge 2500 PU (Purchase 07/01) 6.550 1,135.00 1 2000 Dodge 1500 Pickup (lease exp. 11/03 6.635 1,150.00 1 2001 Dodge 1500 Pickup 6.635 1,150.00 1 2001 Dodge 1500 Pickup (Purchase 10/01) 6.635 1,150.00 1 2001 Dodge 1500 PU (Purchase 06/03) 6.635 1,150.00 1 2001 DODGE 1500 PICKUP (Purchase 05/03) 6.635 1,150.00 1 2001 DODGE 1500 PU (Purchase 06/03) 6.635 1,150.00 4 2002 Dodge 1500 Pickup (Purchase 05/02) 6.635 1,150.00 1 2002 Dodge 1500 PU (Purchase 05/02) 6.635 1,150.00 1 2003 Dodge 1500 Pickup (purchase 02/03) 6.635 1,150.00 1 2003 Dodge 1500 Pickup (purchase 03/03) 6.635 1,150.00 2 2003 Dodge 1500 Pickup (Purchase 02/03) 6.635 1,150.00 1 2003 Dodge 1500 4X4 PU (Purchase 02/03) 6.635 1,150.00 1 2004 Chevrolet Cargo Van (Purch. 01/04) 6.635 1,150.00 1 2004 Dodge Dakota PU (Purchase 11/03) 6.635 1,150.00 1 2004 Dodge 1500 PU (Purchase 02/04) 6.635 11150.00 1 2004 Dodge 1500 PU (Purchased 02/04) 6.635 1,150.00 1 2004 Dodge 1500 PU (purchased 02/04) 6,635 1,150.00 2 2005 Dodge PO 1500 Truck (Purch 09/04) 6.635 1,150.00 1 2005 Dodge 1500 Pickup 6.635 1,150.00 1 2005 Dodge 1500 Pickup (purch. 08/2004 6.635 1,150.00 1 2005 Dodge 1500 Pickup (purch. 08/2004) 6.635 1,150.00 1 2005 Dodge 1500 Pickup (Purch 06/05) 6.635 11150.00 Vacuum Cleaner _----.----------"------------------------ 1 Clark Back-Pac Vac 19.50 60.00 180.00 1 CLARKE T-650 SWEEPER 19.50 60.00 180.00 1 CLARKE VACUUM MODEL TMD-50 19.50 60.00 180.00 1 Milwaukee Wet/dry Vac 19.50 60.00 180.00 1 Ridgid Shop Vac 19.50 60.00 180.00 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 29. 01 Pinkard Construction Co. -------------------------------------------------------------------------------------------------------------- Minimum Quantity Equipment Description Hours Hourly Daily Weekly Monthly -------------------------------------------"-------------------------------------------------------------"---- 1 Ridgid Shop Vac 2in1 19.50 60.00 180.00 1 Ridgid Shop Vac 6.6 Gal 19.50 60.00 180.00 2 Saeitaire Upright vac Bagless 19.50 60.00 180.00 1 Shop Vac 19.50 60.00 180.00 1 Shop Vac Milwaukee 19.50 60.00 180.00 1 Shop Vac 12 Gal. 19.50 60.00 180.00 2 Sunitaire Upright Vacuum 19.50 60.00 180.00 1 Vacuum Cart 2-Gallon 19.50 60.00 180.00 1 Wet Vacuum 20 Gallon 19.50 60.00 180.00 1 Wet/ Dry Vac -Milwaukee 19.50 60.00 180.00 1 12 Gal Shop Vac 19.50 60.00 180.00 1 12.5 Gal Shop Vac 19.50 60.00 180.00 2 12" Sanitare Upright vac 19.50 60.00 180.00 1 12" Upright Vac 19.50 60.00 180.00 1 12" Upright vac. 19.50 60.00 180.00 1 12" Upright Vacuum 19.50 60.00 180.00 3 16 Gal Ridgid Shop Vac 19.50 60.00 180.00 2 16" Sanitare Upright Vac 19.50 60.00 190.00 5 16" Upright Vacuum Bagless 19.50 60.00 180.00 1 16" Wide Upright Vacuum 19.50 60.00 180.00 Vibrator 1 Concrete Vibrator 26.50 88.00 264.00 1 Concrete Vib - 14' Whip Denver Vib 38.00 120.00 323.00 1 Concrete Vib Pencil 6' Whip 38.00 120.00 323.00 1 CONCRETE VIE PENCIL 6' (DENVER VIB) 38.00 120.00 323.00 1 CONCRETE VIB 12' WHIP 38.00 120.00 323.00 1 CONCRETE VIB. 15' DENVER VIB 38.00 120.00 323.00 1 CONCRETE VIBRATOR 2-1/2 16' WHIP 38.00 120.00 323.00 1 CONCRETE VIBRATOR 25' 38.00 120.00 323.00 1 CONCRETE VIBRATOR 25' W 38.00 120.00 323.00 1 DENVER VIB 10' WHIP 38.00 120.00 323.00 1 DENVER VIB S' WHIP 38.00 120.00 323.00 1 DENVER VIBRATOR 13' STINGER 38.00 120.00 323.00 1 Vib Denver 15 Foot Whip 38.00 120.00 323.00 1 Vibrater 12' Whip 38.00 120.00 323.00 1 Vibrator 20' Whip 38.00 120.00 323.00 1 Vibrator 25' Whip 38.00 120.00 323.00 1 VIBRATOR DENVER VIB - 17' WHIP 38.00 120.00 323.00 1 VIBRATOR 7' WHIP PENCIL 38.00 120.00 323.00 1 CONCRETE VIB 10' WHIP (DENVER VIB.) 39.00 125.00 340.00 Walkways - Portable -------------------"-------------------- 43 PORTABLE CONSTRUCTION WALKWAYS 10.00 40.84 163.36 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 30. -------------------------------------------------------------------------------------------------------------- 01 Pinkard Construction Co. Minimum Quantity -------------------------------------------------------------------------------------------------------------- Equipment Description Hours Hourly Daily Weekly Monthly Walky Talky ---------------------------------------- 1 spirit 4-channel walky talky with mic 13.DD 40.00 120.00 1 Motorola Radius P1225 Two-way 13.00 40.00 120.00 1 Spirit MU22CV Job Radio 13.00 40.00 120.00 1 Spirit 4-channel Radio w/ Mic 13.00 40.00 120.00 1 spirit job -radio 18.00 55.00 145.00 1 spirit 4-channel walky talky with mic 18.00 55.00 145.00 1 Motorla Radius P1225 18.00 55.00 145.00 4 Motorola XU2600 Radio 18.00 55.00 145.00 2 PT HOIST COMMUNICATION SYSTEM 18.00 55.00 145.00 1 Spirit MU22CV Job Radio 18.00 55.00 145.00 4 Spirit 4-channel Radio w/ Mic 18.00 55.00 145.00 1 Spirit 4-channel Radio w/ Mic. 18.00 55.00 145.00 Weather Station ---------------------------------------- 4 Weather Wizard Davis III 55.00 1 Weather Wizard Davis IIIICzanes) 55.00 1 Weather Wizzard III Davis 55.00 Weed Burner ---------------------------------------- 7 Weed Burner 6.70 14.50 43.50 Weed Wacker ---------------------------------------- 2 Stihl Weed Eater 2.00 8.50 33.00 1 Stihl Weed Wacker 2.00 8.50 33.00 1 Weed Wacker Stihl 2.OD 8.50 33.00 1 Stihl Leaf Blower Back Pac. 30.00 120.00 420.00 Welder ---------------------------------------- 1 110 Volt Welder Dragster 80 10.50 75.00 300.00 1 HOBART SHOP AC WELDER 23.00 72.00 216.00 1 Lincoln Arch Welder 35.00 124.00 358.00 Wheel Barrow ---------------------------------------- 22 Wheel Barrow 12.00 29.00 72.00 Miscellaneous ---------------------------------------- 1 2 1/2 Ton Floor Jack 1 Zircon Metel Scanner 06 .50 10.00 42.00 45.00 1 Stanley 1/2" Drive Socket Set 2.24 16.25 65.00 1 Stanley 1/2" Socket Set 2.24 16.25 65.00 2 Grout Pump 10.50 32.00 96.00 1 GROUT PUMP 1-1/2 INCH 10.50 32.00 96.00 EQDTL063 Equipment Rental Rates Report MIKE 7/14/05 11:44:02 31. 01 Pinkard Construction Co. _____________________________________________________________ Minimum Quantity Equipment Description ______________________________________________________________________________________________________________ Hours Hourly Daily Weekly Monthly 2 Tramex Moturi Meter 20.00 47.00 2 TRAMEX MOTURI METER 20.00 47.00 1 GRACO ULTRA 395 AIRLESS SPRAYER 66.00 244.00 700.00 6 Folding Saw Horse .150 1.00 5.00 12.00 malicious mischief, earthquake collapse debris removal demolition occasioned by enforcement of Laws or Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. Include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects)' 4. Cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Construction, provided that such materials and equipment have been included in an Application for Payment approved by Owner; 5. Allow partial utilization in accordance with paragraph 13.06; 6. Include testing and startup; and 7. Be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner and Design/Builder with thirty ays' written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws or Regulations which will include the interests of Owner, Owner's Consultants, Design/Builder, Subcontractors, and any other individuals or entities indicated in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by Owner in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to Design/Builder and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Design/Builder, Subcontractors, Suppliers, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount, will be borne by Design/Builder, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Design/Builder requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Design/Builder by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Design/Builder whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Design/Builder intend that all policies purchased in accordance with paragraph 5.06 will protect Owner, Owner's Consultant, DesignBuilder, Subcontractors, Suppliers, and all other individuals or entities indicated in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Design/Builder waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Owner's Consultant, Subcontractors, Suppliers, and all other individuals or entities indicated in the Supplementary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Design/Builder, Subcontractors, and Suppliers and the officers, directors, employees and agents of any of them for: 1. Loss due to business interruption loss of use or other consequential loss extending beyond direct physical loss or damage to Owner's property caused by, arising out of or resulting from fire or other peril whether or not insured by Owner; and 2. Loss or damage to the completed Project or any part thereof caused by, arising out of. or resulting from fire or other insured peril or cause or loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to paragraph 13 06, after Substantial E.ICDC D-700 Standard General Conditions of the Contract Between Owner and Desigi✓Builder Copynght Ur2002 National Society of Professional Engineers for E1CDC. All rights reserved. Includes City of Fort Collins modifications dated 0912004 13 Completion pursuant to paragraph 13.05, or after final payment pursuant to paragraph 13.08. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Design/Builder, Subcontractors, Owner's Consultant, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 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 5.08.13. 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 Construction 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. B. 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 15 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 attd, :f required in t 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Desig rna;;deF has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by Design/Builder in accordance with Article 5 on the basis of their not complying with the Contract Documents, the objeeting paefy Owner shall so notify the other Design/Builder in writing within tee fifteen IS days after receipt of the certificates (or other evidence requested) required by paragraph 2.04.C. 9w+ref and De..igniB ilde....hall eaeh p ide to the eth eh ddi ..1 ..f at' in e eet Of : e ided as the ether reasenably request. if eitherPdrt�'does net . ehase at maintain all efthe Bands and insuranee r@quiF@d of sueh part), t., the Gefit_aet Deeafnents ref paRy shall net:f., the ether rparr.... writing ..f.. ,.1. fail a t,. ., eha F t.. the Stf the A/Ofk ,. of..del, fail. fe ♦e ».aint..:a prior te any eh......e 5.10 Partial Utilization, Acknowledgment of Property Insurance A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 13.06, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 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 canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — DESIGN/BUILDER'S RESPONSIBILITIES 6.01 Design Professional Services A. Standard of Care. The standard of care for Design Professional Services performed or furnished under this Agreement will be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality. B. Preliminary' Design Phase. After the Contract Times commence to run, Design/Builder shall 1. Consult with Owner to understand Owner's requirements for the Pro ect and review available data; 2. Advise Owner as to the necessity of Owner's providing or obtaining from others additional reoort& data, or services of the types provided in paragraph 8.0l.A.6.a-v, and assist Owner in obtaining such reports, data, or services 3. Identify and analyze reuuirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by Design/Builder with whom consultation is to be undertaken in connection with the Project; 4. Obtain such additional geotechnical and related information which it deems necessary for performance of the Work; EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 3)2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 14 5. On the basis of the Conceptual Documents and Design/Builder's Proposal prepare preliminary design documents consisting of final design criteria preliminary drawings, outline specifications, and written descriptions of the Project: 6. Furnish the preliminary design documents to and review them with Owner within the times indicated in the schedules described in paragraphs 2 06 A 1 and 2.06.A.2; and 7. Identify any variations in the preliminary design documents from the Contract Documents in accordance with 6.17.13. C. Final Design Phase. After written acceptance by Owner of the preliminary design phase documents Design/Builder shall: 1. On the basis of the accepted Preliminary Design Phase documents, prepare final Drawings showing the scope, extent, and character of the Construction to be performed and furnished by Design/Builder and Specifications (which will be prepared, where appropriate, in general conformance with the sixteen division format of the Construction Specifications Institute); 2. Provide technical criteria written descriptions and design data required for obtaining approvals of such governmental authorities as have jurisdiction to review or approve the final design of the Project, and assist Owner in consultations with appropriate authorities 3. Furnish the above documents. Drawings and Specifications to and review them with Owner within the times indicated in the schedules described in paragraphs 2.06.A.1 and 2.06.A.2: and 4. Identify any deviations from other Contract Documents in accordance with paragraph 6.17.13. 6.02 Supervision and Superintendence of Construction A. Design/Builder shall supervise, inspect and direct the Construction competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to provide the Construction in accordance with the Contract Documents. Design/Builder shall be solely responsible for the means, methods, techniques, sequences and procedures of Construction. Design/Builder shall be responsible to see that the completed Construction complies accurately with the Contract Documents and shall keep Owner advised as to the quality and progress of the Construction. B. At all times during the progress of Construction, the Design/Builder shall assign a competent resident superintendent thereto, who shall not be replaced without written notice to Owner except under extraordinary circumstances. The superintendent will be Design/Bui I der's representative at the Site and shall have authority to act on behalf of Design/Builder. All communications given to or received from the superintendent shall be binding on Design/Builder. 6.03 Labor, Working Hours A. Design/Builder shall provide competent, suitably qualified personnel to perform the Work as required by the Contract Documents. Design/Builder shall at all times maintain good discipline and order at the Site. B. 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 Construction at the Site shall be performed during +Regular wWorking hHours, and Design/Builder will not permit overtime work or the performance of Construction on Saturday, Sunday or any (Legal #Holiday without Owner's written consent, +44 not hp. Z Design/Builder shall submit requests to Owner no less than 48 hours in advance of any Work to be performed on Saturday Sunday Legal Holidays or outside Regular Working Hours 6.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Design/Builder shall furnish or cause to be furnished and assume full responsibility for 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 Work. 1. Purchasing Restrictions: Design/Builder must comply with the City's purchasing restrictions. Copies of the resolution(s) are available for review in the offices of the Purchasing and Risk Management Division or the city Clerk's office. 2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of Owner. If reasonably required by Owner, Design/Builder shall furnish E1CDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright (1,2002 National Society of Professional Engineers for E.ICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 15 satisfactory evidence (including reports of required tests) as to the source, 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. 6.05 Progress Schedule A. Design/Builder shall adhere to the progress schedule established in accordance with paragraph 2,06.A as it may be adjusted from time to time as provided below: 1. Design/Builder shall submit to Owner for acceptance 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 will comply with any provisions of the Contract Documents applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 11,02. Such adjustments may only be made by a Change Order or. 6.06 Concerning Subcontractors, Suppliers, and Others A. Design/Builder shall not employ any Subcontractor, Supplier, or other individual or entity against whom Owner may have reasonable objection. Design/Builder shall not be required to employ any Subcontractor, Supplier or other individual or entity to furnish or perform any of the Work against whom DesignBuilder has reasonable objection. Design/Builder shall perform not less than 20 percent of the Work with its own forces (that is, without subcontracting). The 20 percent requirement shall refer to the Work the value of which totals not less than 20 percent of the Contract Price. B. Design/Builder shall be fully responsible to Owner for all acts and omissions of the Subcontractors, Suppliers and other individuals or entities performing or furnishing any of the Work just as Design/Builder is responsible for Design/Builder's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner and any such Subcontractor, Supplier, or other individual or entity, nor shall it create any obligation on the part of Owner to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws or Regulations. C. Design/Builder shall be solely responsible for scheduling and coordinating Subcontractors, Suppliers and other individuals and entities performing or furnishing any of the Work under a direct or indirect contract with Design/Builder. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Design/Builder in dividing the Work among Subcontractors and Suppliers or delineating the Work to be performed by any specific trade. D. Design/Builder shall require all Subcontractors, Suppliers and such other individuals and entities performing or furnishing any of the Work to communicate with the Owner through Design/Builder. E. All Work performed for Design/Builder by a Subcontractor or Supplier will be pursuant to an appropriate Design Subagreement or Construction Subagreement between Design/Builder 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. Wheneyef any r. eh agreement . n 4 a Sttbe....tfaeteF eF Supplier whe is listed as an additional insufed an the p pefly ifisufanee pfa, idea . ..ph c n6 6.07 Patent Fees and Royalties A. Design/Builder shall pay all license fees and royalties and assume all costts 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 Conceptual Documents for use in the performance of the Construction and if to the actual knowledge of Owner 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 Conceptual Documents. B. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner and Owner's Consultant, and the officers, directors, partners, employees or 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) arising out of or resulting from any EJCDC D-700 Standard General Conditions of the Contract Between Owner avid Design/Builder Copyright (02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 16 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 identified in the Conceptual Documents. C. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design/Builder and its officers, directors, partners, employees or agents, Subcontractors and Suppliers 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) 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 required by the Conceptual Documents. 6.08 Permits A. Unless otherwise provided in the Contract Documents, Design/Builder shall obtain and pay for all necessary permits, licenses, and approvals of governmental authorities having jurisdiction over the Work. Owner shall assist Design/Builder, when necessary, in obtaining such permits, licenses and approvals. Design/Builder shall pay all governmental. charges and inspection fees necessary for the performance of the Work, which are applicable on the last day for receipt of Proposals or on the effective date of the Agreement. Design/Builder shall pay all charges of utility owners for connections to the Work, and Design/Builder shall Pay fees as provided in the Supplemental Conditions. Owner shall ay all ,.1...Fg88 of s .eh .brit. awneFs R ,,apical ,., sts (elated theeete 6.09 Laws or Regulations A. Design/Builder shall give all notices required by and comply with all Laws or Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Design/Builder's compliance with any Laws or Regulations. B. If Design/Builder performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Design/Builder shall bear all costs arising therefrom. C. Changes in Laws or Regulations not known on the date of receipt of Proposals having an effect on the cost or time of performance may be the subject of a change in Contract Price or Contract Times. 6.10 Taxes A. Design/Builder shall pay all sales, consumer, use, and other similar taxes required to be paid by Design/Builder in accordance with the Laws or Regulations of the place of the Project which are applicable during the performance of the Work. B. 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. Design/Builder must apply for, and receive, a Certificate of Exemption from the Colorado Department of Revenue for construction materials to be physically incorporated into the project. This Certification of Exemption provides that the Design/Builder shall neither pay nor include in his Proposal, sales and use taxes on those building and construction materials physically incorporated into the project. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, CO 80261 C. Sales and use taxes for the State of Colorado, Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable sales and use taxes (including State collected taxes) on any items other than construction and building materials physically incorporated into the project are to be paid by Design/Builder and are to be included in appropriate Work items. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas. 1. Design/Builder shall confine construction equipment, the storage of materials and equipment, and the operations of construction workers to the Site and other areas permitted by Laws or Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Design/Builder 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. 2. Should any claim be made by any such owner or occupant because of the performance of Work. Design/Builder shall promptly settle with such other Party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultants and anyone EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright (02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 17 .. .-A A 11 Article 8. CHANGES IN THE WORK 8.01 The amount of any increases or decreases in the DESIGNBUILDER's Fee or in any Guaranteed Maximum Price or Fee which results from a Change Order shall be set forth in the applicable Change Order subject to the following: A. Any increase or decrease in the DESIGNBUILDER's Fee resulting from net additions or decreases in the Cost of the Work shall be determined in accordance with paragraph 11.0I .0 of the General Conditions. B. In the case of net additions or deletions in the Work, the amount of any increase or decrease in the Guaranteed Maximum Price shall be determined in accordance with paragraph 10.01 of the General Conditions. Article 9. PAYMENT PROCEDURES 9.01 DESIGNBUILDER shall submit and OWNER will process Applications for Payment in accordance with Article 13 of the General Conditions. Applications for Payment will indicate the amount of the DESIGNBUILDER's Fee then payable. A. Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of DESIGNBUILDER's Applications for Payment, on or about the 15th day of each month during performance of the Work as provided in paragraphs 9.0I.A.I and A.2 below. All such payments will be subject to the limitations of any Guaranteed Maximum Price or DESIGNBUILDER's Fee and will be measured by the acceptable Schedule of Values established in paragraph 2.06 of the General Conditions (and in the case of Unit Price Work based on the number of units completed). For Cost of Work: Progress payments on account of the Cost of the Work will be made as follows: a. Prior to Substantial Completion, in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as OWNER may withhold in accordance with paragraph 13.03.13 of the General Conditions. (1) 90 percent of Cost of the Work completed (with the balance being retainage). If the Work has been 50% completed as determined by OWNER, and if the character and progress of the Work have been satisfactory to OWNER, OWNER may determine that as long as the character and progress of the Work remain satisfactory, 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. 3 directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resultin from rom any claim brou hg t by any such owner or occupant against Owner, or any other party indemnified hereunder to the extent caused by or based upon Design/Builder's performance of the Construction. B. Removal of Debris. During the performance of the Construction, Design/Builder shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Construction. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws or Regulations. C. Cleaning. Prior to Substantial Completion, Design/Builder shall clean the Site and make it ready for utilization by Owner. At completion of Construction, Design/Builder shall remove all tools, appliances, construction equipment, temporary construction and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures. Design/Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Design/Builder subject any part of the Construction or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Design/Builder shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders and Work Change Directives in good order and annotated to show all changes made during performance of the Work. These record documents together with all approved Submittals will be available to Owner for reference. Upon completion of the Work and prior to release of final payment, these record documents and Submittals, including a reproducible set of record drawings as provided in paragraph 3.05.D, will be delivered to Owner. 6.13 Safety and Protection A. Design/Budder shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Design/Builder shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All persons on the Site or who may be affected by the Work; 2. All Work and materials and equipment to be incorporated therein, whether in storage on or off the Site: and 3. Other property at the Site or adiacent 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. B. Design/Builder shall comply with applicable Laws or Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Design/Builder 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. C. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Design/Builder, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Design/Builder. D. Design/Builder's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed and Owner has issued a notice to Design/Builder in accordance with paragraph 13.08.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6,14 Safety Representative A. Design/Builder 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. 6.15 Hazard Communication Programs A. Design/Builder 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. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright i02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 18 M ♦..I..uii 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Design/Builder is obligated to act to prevent threatened damage, injury or loss. Design/Builder shall give Owner prompt written notice if Design/Builder believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If a change in the Contract Documents is required because of the action taken by Design/Builder in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Submittals A. Owner will review and approve Submittals in accordance with the schedule of required Submittals accepted by Owner as required by paragraph 2.06.A. Owner's review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the construction, 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. Owner's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Owner's review and approval of Submittals shall not relieve Design/Builder from responsibility for any variation from the requirements of the Contract Documents unless Design/Builder has in a separate written communication at the time of submission culled Owner's attention to each such variation and Owner has given written approval. C. Construction prior to Owner's review and approval of any required Submittal will be at the sole risk of Design/Builder. 6.18 Continuing the Work A. Design/Builder shall continue 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 Design/Builder and Owner may otherwise agree in writing. 6.19 Post -Construction Phase A. Design/Builder shall: 1. Provide assistance in connection with the start-up, testing refining and ad 0 usting of any equipment or system. 2. Assist Owner in training staff to operate and maintain the Work. 3. Assist Owner in developing_ systems and procedures for control of the operation and maintenance of and record keeping for the Work. 6.20 Design/Builder's General Warranty and Guarantee A. Design/Builder warrants and guarantees to Owner that all COHStFuetien Work will be in accordance with the Contract Documents and will not be defective. Design/Builder's warranty and guarantee hereunder excludes defects or damage caused by: 1. Abuse, modification or improper maintenance or operation by persons other than Design/Builder, Subcontractors, or Suppliers or any other individual for whom Design/Builder is responsible, unless such abuse, modification, or improper maintenance or operation was permitted by or could reasonably have been prevented by Design/Builder, Subcontractors or Suppliers; or 2. Normal wear and tear under normal usage. B. Design/Builder'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 accordance with the Contract Documents or a release of DesignBuiIder's obligation to perform the Work in accordance with the Contract Documents: 1. Observations by Owner; 2. The making of any progress or final payment: 3. The issuance of a certificate of Substantial Completion or any payment by Owner to Design/Builder under the Contract Documents: 4. Use or occupancy f the Work or any part thereof by Owner: so' 5. Any acceptance by Owner or any failure to do EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright (o2002 National Society of Professional Engineers for EJCDC All rights reserved. Includes City of Fort Collins modifications dated 09,2004 19 6. Any review and approval of a Submittal• 7. Any inspection, test or approval by others; or 8. Any correction of defective Ge ._•• .: Work by Owner. 6.21 Indemnification A. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultants, and the officers, directors, partners, employees, agents, other consultants and subcontractors of each 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) arising out of or resulting from the performance of Genstruetiea the Work, provided that any such claim, cost, loss, or damage 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 but only to heext�uand is caused in whole or in part by any negligent act or omission of Design/Builder, any Subcontractor, any Supplier, or any individual or entity 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 an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against Owner, Owner's Consultant or any of their respective consultants, agents, officers, directors, partners or employees by any employee (or the survivor or personal representative of such employee) of Design/Builder, any Subcontractor, any Supplier, any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.2LA shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Design/Builder or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts or other employee benefit acts. C. The indemnification obligations of Design/Builder under paragraph 6.2LA shall not extend to the liability of Owner's Consultant, and their officers, directors, partners, employees, agents, other consultants, and subcontractors arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or specifications. 6.22 Survival of Obligations A. 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 CONSTRUCTION 7.01 Related Work at Site A. Owner may perform other Work related to the Project at the Site by Owner's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. Written notice thereof will be given to Design/Builder prior to starting anv such other work; and 2. Design/Builder may make a Claim therefor as provided in Article 9 if Design/Builder believes that such performance will involve additional expense to Design/Builder or requires additional time and the parties are unable to agree as to the amount or extent thereof. B. Design/Builder 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 df materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with tfieirs. Unless otherwise provided in the Contract Documents, Design/Builder 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. Design/Builder 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 Owner and the others whose work will be affected. The duties and responsibilities of Design/Builder under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Design/Builder in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Design/Builder's Work depends upon work performed or services provided by others under this Article 7, DesignBuilder shall inspect such other work and appropriate instruments of service and promptly report to Owner in writing any delays, defects or deficiencies in such other work EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ec)2002 National Society of Professional Engineers for EJCDC All rights reserved. Includes City of Fort Collins modifications dated 09/2004 20 or services that render it unavailable or unsuitable for the proper execution and results of Design/Builder's Work. Design/Builder's failure so to report will constitute an acceptance of such other work as fit and proper for integration with Design/Builder's Work except for latent or nonapparent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. The individual or entity who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 2. The specific matters to be covered by such authority and responsibility will be itemized; and 3. The extent of such authority and responsi- bilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility in respect of such coordination. ARTICLE 8— OWNER'S RESPONSIBILITIES 8.01 General A. Owner shall do the following in a timely manner so as not to delay the services of Design/Builder: 1. Designate in writing a person to act as Owner's Representative with respect to the services to be rendered under this Agreement. Such erson shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies, make decisions with respect to performance of the Work, and shall provide such other services as may be agreed upon; 2. Provide such legal services as Owner may require with regard to legal issues pertaining to the Project including any that may be raised by Design/Builder; 3. If requested in writing by DesignBuilder, furnish reasonable evidence satisfactory to Design/Builder that sufficient funds are available and committed for the entire cost of the Proiect. Unless such reasonable evidence is furnished, Design/Builder is not required to commence or continue any Work, or may, if such evidence is not presented within a reasonable time, stop Work upon 15 days notice to the Owner; 4. Make payments to Design/Builder Rfomptly when they are due as provided in paragraph 13.03 and 13.08, 5. Furnish the Site as set forth in paragraph 4.01.A' 6. Furnish to Design/Builder, as required for performance of Design/Builder's Services the following, all of which Design/Builder may use and rely upon in performing services under this Agreement: a. Environmental assessment and impact statements; b. Property, boundary, easement, right-of- way, topographic, and utility surveys; Property descriptions; d. Zoning, deed, and other land use re- strictions; e. Engineering surveys to establish reference points for design and construction which in Owner's judgment are necessary to enable Design/Builder to proceed with the Work; f. Assistance to Design/Builder in filing documents required to obtain necessary permits, licenses, and approvals of governmental authorities having jurisdiction over the Project; g. Permits, licenses, and approvals of government authorities Owner is specifically required to obtain by the Contract Documents; and h. All subsurface data at or contiguous to the Site which Owner may have obtained. 7. Review Submittals subject to Owner review pursuant to paragraph 6.17.A; and 8. Provide information known to or in the possession of Owner relating to the presence of materials and substances at the Site which could create a Hazardous Environmental Condition. 8.02 Insurance A. Owner's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in Article 5. EJCDC D-700 Standard Cenend Conditions of the Contract Between Owner and Design/Builder Copyright d%2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 21 8.03 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Design/Builder's means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Design/Builder to comply with Laws or Regulations applicable to the furnishing or performance of the Work. Owner will not be responsible for Design/Builder's failure to perform the Work in accordance with the Contract Documents. 8.04 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Materials uncovered or revealed at the Site is set forth in paragraph 4.04. 8.05 Resident Project Representation A. Owner may furnish a Resident Project Representative to observe the performance of Construction. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. 8.06 Owner's Consultant A. Owner's Consultant, if any, has no duties, responsibilities, or authorities with respect to Design/Builder, unless so provided in the Supplementary Conditions. ARTICLE 9 — CHANGES IN THE WORK; CLAIMS 9.01 Authorized Changes in the Work A. 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 Withi,, the , eFal . e e f th@ Gent_ac4 by a Written Amendment, Change Order or a Work Change Directive. Upon receipt of any such document, Design/Builder shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 9.02 Unauthorized Changes in the Work A. Design/Builder 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 paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Construction as provided in paragraph 12.04. 9.03 Claims A. Notice. If Owner and Design/Builder are unable to agree on entitlement to, or on the amount or 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 any order of Owner pursuant to paragraph 9.01.A or other occurrence for which the Contract Documents provide that such adjustment(s) may be made, a Claim may be made therefor. Written notice of intent to make such a Claim shall be submitted to the other party promptly and in no event more than 15 days after the start of the occurrence or event giving rise to the Claim. B. Documentation. Substantiating documentation shall be submitted by the claiming party within 30 days after delivery of the notice required by paragraph 9.03.A. C. Decision. The other party shall render a decision on the Claim no more than 30 days after the receipt of the substantiating documentation required by paragraph 9.03.13. This decision will be final and binding unless the claiming party gives notice of intention to exercise its rights under Article 15 within 30 days of receipt of the decision and exercises such rights within 30 days of giving the notice of intent. D. Time Limit Extension. The time limits of paragraphs 9.03.13 and 9.03.0 may be extended by mutual agreement. 9.04 Execution of Change Orders A. Owner and Design/Builder shall execute appropriate Change Orders covering: 1. Changes in the Work which are (i) ordered by Owner pursuant to paragraph 9.01, 00 required because of acceptance of defective Construction or Work under paragraph 12.08 or Owner's correction of defective Construction or Work under paragraph 12.09 or (iii) agreed to by the parties; and 2. Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive:: 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, Design/Builder shall carry on the EJCDC D-700 Standard General Conditions of the Contract Bet,cen Ci and Design/Builder Copyright (02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09,2004 22 Work and adhere to the progress schedule as provided in paragraph 6.18. 9.05 Notice to Sureties A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (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 Design/BuiIder's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 9.06 Effect of Change Orders A. By the execution of a Change Order, a Work Change Directive, or Written Agreement, Owner and Design/Builder expressly acknowledge and agree that said Change Order, Work Change Directive, or Written Agreement provides for a fair and equitable adjustment in Contract Price and/or Contact Time for the additions, deletions, or revisions in the Work as authorized by said Change Order, Work Change Directive or Written Agreement. Owner and Design/Builder further expressly acknowledge and agree that claims for adjustments to the Contract Price and/or Contract Time covered by a Change Order, Work Change Directive or Written Agreement are not valid. ARTICLE 10 — COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 10.01 Cost of the Work A. Costs Included. The term Cost offthe Work means the sum of all costs necessarily incurred and paid by Design/Builder in the proper performance of the Work. When the value of Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Design/Builder will be only those additional or incremental costs required because of the change of the Work or because of the event giving rise to the Claim. 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 10.01.13: 1. Payroll costs for employees in the direct employ of Design/Builder in the performance of the Work under schedules of job classifications agreed upon by Owner and Design/Builder. a. 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 inelade but net -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, and health anA Fetirem ent benefits, bonuses, .seek leave eatiff., ...a "—pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or 1Legal hHolidays, shall be included in the above to the extent authorized by Owner. b. Such employees shall also include engineers, engineering technicians, architects, and others providing Design Professional Services. For purposes of this paragraph 10.01.A.1, Design/Builder shall be entitled to payment for such employees an amount equal to salary costs times a factor, both as designated in the Agreement, for all services performed or furnished by such employees engaged on the Project. 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 Design/Builder unless Owner deposits funds with Design/Builder 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 Design/Builder shall make provisions so that they may be obtained. 3. Payments made by Design/Builder to Subcontractors (excluding, payments for Desiizri Professional Services pursuant to paragraph 10.0l.A.4) for Work performed or furnished by Subcontractors. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Design/Builder's Cost of the Work and fee. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 4. Payments made by Design/Builder for Design Professional Services provided or furnished under a Design Subagreement. 5. Costs of special consultants (including but not limited to testing laboratories, surveyors, attorneys, and EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright (1)2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 23 accountants employed for services specifically related to the Work. 6. Supplemental costs including the following items: a. The proportion of necessary transporta- tion, travel and subsistence expenses of Design/Builder's employees incurred in discharge of duties connected with the Wetk. b. 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 Design/Builder. C. Rentals of all construction or engineering equipment and machinery and the parts thereof whether rented from Design/Builder or others in accordance with rental agreements approved by Owner, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof. All such costs shall be in accordance with the 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. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Design/Builder is liable, imposed by Laws or Regulations. e. Deposits lost for causes other than negligence of Design/Builder, 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. f. Losses, damages, and related expenses caused by damage to the Work not compensated by insurance or otherwise, sustained by Design/Builder in connection with the furnishing and performance of the Work (except losses and damages within the deductible amounts of property insurance established by Owner in accordance with Article 5 above) provided they have resulted from causes other than the negligence of Design/Builder, 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 Design/Builder's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. 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. i. Cost of premiums for all Bonds and insurance Design/Builder is required by the Contract Documents to purchase and maintain. B. Costs Excluded. The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Design/Builder's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Design/Builder whether at the Site or in Design/Builder'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 10.0l.A.1, all of which are to be considered administrative costs covered by the Design/Builder's fee. 2. Expenses of Design/Builder's principal and branch offices other than Design/Builder's office at the Site. 3. Any part of DesignBuilder's capital expenses, including interest on Design/Builder's capital employed for the Work and charges against Design/Builder for delinquent payments. 4. Costs due to the negligence of Design/Builder, 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. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 10.01.A. E3CDC D-700 Standard Geoeral CDoditioos of the Conrad Between Owner and DesigrdBuilder Copyright (,)2002 National Society of Professional Engineers for E1CDC. All rights reserved. Includes City of Fort Collins modifications dated 092004 24 C. DesignlBuilder's Fee. When all the Work is performed on the basis of cost-plus, Design/BuiIder's fee shall be as set forth in the Agreement. When the value of the Work covered by a Change Order is determined on the basis of Cost of the Work, Design/Builder's fee shall be determined as set forth in paragraph 11.01.C. D. Documentation. Whenever the cost of any Work is to be determined pursuant to paragraph 10.01.A and 10.0l.B, Design/Builder will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Owner an itemized cost breakdown together with supporting data. 10.02 Cash Allowances A. The Contract Price includes all allowances so named in the Contract Documents. Design/Builder shall cause the Work so covered to be performed for such sums as may be acceptable to Owner. Design/Builder agrees that: 1. The allowances include the cost to Design/Builder (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Except as set forth in the Contract Documents, Design/Builder'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. B. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Design/Builder on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 10.03 Unit Prices A. 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 of 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 Design/Builder will be made by Owner. B. Each unit price will be deemed to include an amount considered by Design/Builder to be adequate to cover Design/BuiIder's overhead and profit for each separately identified item. C. Design/Builder or Owner may make a Claim for an adjustment in the Contract Price in accordance with Article 9 if: 1. the quantity of any item of Unit Price Work performed by Design/Builder differs materially and significantly from the estimated quantity of such item indicated in the Contract Documents; 2. there is no corresponding adjustment with respect to any other item of Work: and 3. Design/Builder believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes it 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. D. Design/Builder acknowledges that Owner has the right to add or delete items of the Work 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 estimated quantity of the item. ARTICLE I I — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 11.01 Change of Contract Price A. 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 promptly in accordance with paragraph 9.03.A. B. 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: 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 paragraph 10.03); of 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 Uofft E.ICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright a12002 National Society of Professional Engineers for E1CDC. All rights reserved. Includes City of Fort Collins modifications dated 092004 25 not necessarily in accordance with paragraph 11.0I.C.21; or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump swn is not reached under paragraph 11.01.13.2, on the basis of the Cost of the Work (determined as provided in paragraph 10.01)plus a Design/Builder's Fee for overhead and profit (determined as provided in paragraph 11.01.0. C. Design/Builder's Fee: The Design/Builder's fee for overhead and profit on Change Orders shall be determined as follows: I. A mutually acceptable fixed fee; or 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: a. For costs incurred under paragraphs 10.0l.A.l.a and 10.0l.A.2, the Design/Builder's fee shall be 14 three percent; b. For costs incurred under paragraph 10.01.A.3 10.0l.A.4, 10.01.A.5 and 10.0l.A.6, the Design/Builder's fee shall be five three percent; C. 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 11.0l.C.1 and 11.0l.C.2.a is that the Subcontractor who actually performs or furnishes Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 10.01.A.1 and 10.01.A.2 and that any higher tier Subcontractor and Design/Builder will each be paid a fee of to be negotiated in good faith with Owner but not to exceed five percent of the amount paid to the next lower tier Subcontractor; d. The amount of credit to be allowed by Design/Builder 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 Design/Builder's fee by an amount equal to €we three percent of such net decrease; and e. When both additions and credits are involved in any one change, the adjustment in Design/Builder's fee shall be computed on the basis of the net change in accordance with paragraphs 11.0l .C.2.a through 11.O1.C.2.d, inclusive. f. No fee shall be payable on the basis of costs itemized under paragraphs 10.0l.A.5, 10.01.A.6, or 10.01.11. 11.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order. Any Claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice pursuant to paragraph 9.03.A. B. Delays Beyond Design/Builder's Control. Where DesignBuilder is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of Design/Builder, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 11.02.A. Delays beyond the control of Design/Builder shall include, but not be limited to, acts or neglect by Owner, governmental agencies, acts or neglect of utility owners or other contractors performing other construction work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. C. If Owner or other contractor or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Design/Builder shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Design/Builder's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Design/Builder's ability to complete the Work within the Contract Times. D. If Design/Builder is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Design/Builder, then Design/Builder shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Design/Builder's ability to complete the Work within the Contract Times. Such an adjustment shall be EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for E1CDC. All rights reserved. Includes City of Fort Collins modifications dated OW2004 26 ..,­ia Design/Builder's sole and exclusive remedy for the delays approval prior to Design/Builder's purchase thereof for described in this Paragraph 11.02.C. incorporation in the Work. E. Owner and Owner's Consultant shall not be liable to Design/Builder for any claims, costs, losses, or 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) sustained by Design/Builder on or in connection with any other project or anticipated project. F. Design/Builder shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Design/Builder. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Design/Builder. ARTICLE 12 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION OR WORK 12.01 Notice of Defects A. Owner shall give Design/Builder prompt written notice of all defective Construction or Work of which Owner has actual knowledge. All defective Construction or Work may be rejected, corrected or accepted as provided in this Article 12. 12.02 Access to Construction A. Owner, Owner's Consultants, other representatives and personnel of Owner, independent testing laboratories and governmental agencies. with jurisdictional interests will have access to the Site and the Construction at reasonable times for their observation, inspecting, and testing. Design/Builder shall provide them proper and safe conditions for such access and advise them of DesignBui[der's Site safety procedures and programs so that they may comply therewith as applicable. 12.03 Tests and Inspections A. If the Contract Documents or Laws or Regulations of any public body having jurisdiction require any part of the C-enstFcmtien Work specifically to be inspected, tested or approved, Design/Builder shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish Owner the required certificates of inspection or approval. Design/ Builder 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 acceptance of materials or equipment to be incorporated in the Work or of materials, mix designs, or equipment submitted for B. Design/Builder shall give Owner reasonable notice of the planned schedule for all required inspections, tests, or approvals. C. If any Construction (or the construction work of others) that is required to be inspected, tested, or approved is covered by Design/Builder without written concurrence of Owner, it must, if requested by Owner, be uncovered for observation at Design/Builder's expense unless Design/ Builder has given Owner timely notice of Design/Builder's intention to cover the same and Owner has not acted with reasonable promptness in response to such notice. D. 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 (i) for inspections, tests, or approvals covered by paragraph 12.03.A above; (ii) costs incurred in connection with tests or inspections conducted pursuant to paragraph 12.04.13 below shall be paid as provided in said paragraph 12.04.13; and (iii) as otherwise specifically provided in the Contract Documents. 12.04 Uncovering Construction A. If any Construction is covered contrary to the written request of Owner, it must, if requested by Owner, be uncovered for Owner's observation and recovered at Design/Builder's expense. B. If Owner considers it necessary or advisable that covered Construction be observed by Owner or inspected or tested by others, Design/Builder, at Owner's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Owner may require, that portion of the Construction in question, furnishing all necessary labor, material and equipment. If it is found that such Construction is defective, Design/Builder shall pay all claims, costs, losses and damages caused by, arisingout ut of, or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and 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, Owner may make a Claim therefor as provided in Article 9. If, however, such Construction is not found to be defective, Design/Builder shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Design/Builder may make a Claim therefor as provided in Article 9. E.ICDC D�700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright (02002 National Society of Professional Engineers for E.ICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 27 .. . 1 IN N 1. (2) 90 percent of (with the balance being retainage) of the cost of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 13.02.A of the General Conditions). b. Upon Substantial Completion, in an amount sufficient to increase total payments to DESIGN/BUILDER to 95 percent of the Contract Price (with the balance being retainage), less such amounts as OWNER shall determine that OWNER may withhold, in accordance with paragraph 13.033 of the General Conditions. 2. For DESIGNBUILDER's Fee: Progress payments on account of the DESIGNBUILDER's Fee will be made as follows: a. Payments prior to Substantial Completion will be in an amount equal to 90 percent of such Fee earned to the date of the approved Application for Payment (less in each case payments previously made on account of such fee) based on the progress of the Work measured by the Schedule of Values established as provided in paragraph 2.06.A of the General Conditions (and in the case of Unit Price Work on the number of units completed) and upon Substantial Completion in an amount sufficient to increase total payments to DESIGNBUILDER on account of that fee to 95 percent of the DESIGNBUILDER's Fee. B. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 13.08 of the General Conditions and statutorily required procedures as set forth in Section 16.05.A of the General Conditions, OWNER shall pay remainder of the Contract Price. Article 10. DESIGNBUILDER'S REPRESENTATIONS 10.01. DESIGNBUILDER makes the following representations: A. DESIGNBUILDER has examined and carefully studied the Contract Documents (including the Addenda) listed in paragraphs 12.01.A through J but excluding the documents described in paragraph 12.01.K and the other related data identified in the Request for Proposals. B. DESIGNBUILDER has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work. C. DESIGNBUILDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. D. DESIGNBUILDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site which have been made available by OWNER. 4 12.05 Owner May Stop Construction or Work A. If Construction or Work is defective, or Design/Builder fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform Construction or Work in such a way that the completed 6eAsti-uetien Work will conform to the Contract Documents, Owner may order Design/Builder to stop Construction or Work or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop Construction will not give rise to any duty on the part of Owner to exercise this right for the benefit of Design/Builder or any surety or other party. 12.06 Correction or Removal of Defective Construction or Work A. Owner will have authority to disapprove or reject defective Construction or Work and will have authority to require special inspection or testing of the Construction or Work whether or not the Construction or Work is fabricated, installed or completed. If required by Owner, Design/Builder shall promptly, as directed, either correct all defective Construction or Work, whether or not fabricated, installed or completed, or, if the Construction or Work has been rejected by Owner, remove it from the Site and replace it with non - defective Construction or Work. Design/Builder shall bear all direct, indirect, and consequential costs of such correction, replacement and/or removal (including but not limited to all claims, costs, losses and damages caused by, arising out of, or resulting from such correction, replacement, and/or removal, and fees and charges of engineers, architects, attorneys and other professionals and all court, arbitration, or other dispute resolution costs) arising out of or relating to such correction or removal.) 12.07 Correction Period A. If within one year after the date of Substantial Completion of the entire Work 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 Construction or Work is found to be defective, Design/Builder shall promptly, without cost to Owner and in accordance with Owner's written instructions, (i) correct such defective Construction or Work, or, if it has been rejected by Owner, remove it from the Site and replace it with Construction or Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Construction or Work or the work of others resulting therefrom. If Design/Builder 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 Construction or Work corrected or the rejected Construction or Work removed and replaced, and all claims, costs, losses, and damages caused by, arising out of, or resulting from such removal and replacement (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by Design/Builder. B. 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 Conceptual Documents. C. Where defective Construction or Work (and damage to other Construction or Work resulting therefrom) has been corrected, removed or replaced under this paragraph 12.07, the correction period hereunder with respect to such Construction or Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 12.08 Acceptance of Defective Construction or Work A. If, instead of requiring correction or removal and replacement of defective Construction or Work, Owner prefers to accept it, Owner may do so. Design/Builder shall pay all 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) attributable to Owner's evaluation of and determination to accept such defective Construction or Work. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price reflecting the diminished value of the Construction or Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. If the acceptance occurs after final payment, an appropriate amount will be paid by Design/Builder to Owner. 12.09 Owner May Correct Defective Construction or Work A. If Design/Builder fails within a reasonable time after written notice from Owner to correct defective Construction or Work or to remove and replace rejected Construction or Work as required by Owner in accordance with paragraphs 12.06.A or 12.07.A, or if Design/Builder fails to perform the Construction or Work in accordance with the Contract Documents, or if Design/Builder fails to comply with any other provision of the Contract Documents, Owner may, after seven days' written notice to Design/Builder, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph 12.09 Owner shall proceed expeditiously. In connection with such corrective and remedial action, Owner EJCDC D-700 standard General Conditions of the Contract Between Owner and Design/Builder Copyright rr,2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 28 may exclude Design/Builder from all or part of the Site, take possession of all or part of the Construction or Work, and suspend Design/Builder's services related thereto, take possession of Design/Builder's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Construction or Work all materials and equipment stored at the Site or for which Owner has paid Design/Builder but which are stored elsewhere. Design/Builder shall allow Owner, Owner's Consultant, Owner's representatives, agents, employees, and other contractors access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages (included but not limited to fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs and all costs of repair or replacement of work of others) incurred or sustained by Owner in exercising such rights and remedies under this paragraph 12.09 will be charged against Design/Builder and a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. D. Design/Builder shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this paragraph 12.09. 12.10 No limitation A. Nothing contained in this Article 12 shall be construed to establish a period of limitation with respect to other obligations which the Design/Builder might have under the Contract Documents. Establishment of the time period of one year as described in Section 12.07 relates only to the specific obligation of the Design/Builder to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder's liability with respect to the Design/Builder's obligations other than specifically to correct the Work ARTICLE 13 — PAYMENTS TO DESIGN/BUILDER AND COMPLETION 13.01 Schedule of Values A. The Schedule of Values established as provided in paragraph 2.06.A will serve as the basis for progress payments. Progress payments on account of Unit Price Work will be based on the number of units completed. 13.02 Application for Progress Payment A. On or about the date established in the Agreement for submission of each application for progress payment (but not more often than once a month), DesignBuilder shall submit to Owner for review an Application for Payment filled out and signed by Design/Builder covering the Work completed as of the date indicated on the Application and accompanied by supporting documentation as 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 provided by Design/Builder and other arrangements to protect Owner's interest therein, all of which will be satisfactory to Owner. B. Beginning with the second Application for Payment, each Application shall include an affidavit of Design/Builder stating that all previous progress payments received on account of the Work have been applied on account to discharge Design/Builder's legitimate obligations associated with prior Applications for Payment. C. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. D. Any funds that are withheld by Owner shall not be subject to substitution by Design/Builder with securities or any arrangements involving an escrow or custodianship. By executing the Application for Payment form, Design/Builder expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, et seq. F 13.03 Review of Applications for Progress Payments A. Procedure. Progress payments shall be made by the Owner to the Design/Builder according to the following procedure: 1. Owner will, within ten days of receipt of each Application for Payment, either indicate in writin its acceptance of the Application and state that the Application is being processed for payment or return the Application to Design/Builder indicating in writing its reasons for refusing to accept the Application Not more than ten days after accepting such Application the amount will become due and when due will be paid by Owner to DesignBuilder. 2. If Owner should fail to pay Design/Builder at the time the payment of any amount becomes due except EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright a12002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 29 as provided in paragraph 13 03 B and as otherwise provided in the Contract Documents then Design/Builder may, at any time thereafter, upon serving written notice that he will stop the Work within seven days after receipt of the notice by Owner, and after such seven day period, stop the Work until payment of the amount owing has been received Written notice shall be deemed to have been duly served if sent by certified mail to the last known business address of Owner. 3. Payments due but unpaid shall bear interest at the rate specified in the Agreement 4. No Progress Payment nor any partial or entire use or occupancy of the Project by Owner shall constitute an acceptance of any Work not in accordance with the Contract Documents. B. Reduction in or Refusal to Make Payment. Owner may refuse to make the whole or any part of any such payment, or because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any previous payment, to the extent that is reasonably necessary to protect Owner from loss because: 1. the Construction or Work is defective or completed Construction or Work has been damaged requiring correction or replacement• or 2. the Contract Price has been reduced by Change Ordel: or 3. Owner has been required to correct defective Construction or complete Work in accordance with paragraph 12.09.A: or 4. Owner has actual knowledge of the occurrence of any of the events enumerated in paragraphs 13.03.13.1 through 13.03.13.3 inclusive or paragraphs 14.02.A.1 through 14.02.A.3 inclusive; or 5. Claims have been made against Owner on account of Design/Builder's performance or furnishing of the Work: of 6. Liens have been filed in connection with the Work, except where Design/Builder has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such Liens or 7. There are other items entitling Owner to a set off against the amount for which application is made C. If Owner refuses to make payment of the full amount requested by Design/Builder, Owner must give Design/Builder immediate written notice stating the reasons for such action and promptly pay Design/Builder any amount remaining after deduction of the amount withheld. Owner shall promptly pay Design/Builder the amount withheld or any adjustment thereto agreed to when Design/Builder corrects to Owner's satisfaction the reason for such action. 13.04 Design/Builder's Warranty of Title A. Design/Builder warrants and guarantees that title to all Construction, 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. 13.05 Substantial Completion A. When Design/Builder considers the Work ready for its intended use Design/Builder shall notify Owner in writing that the Work is substantially complete (except for items specifically listed by DesignBuilder as incomplete) and request that Owner issue a certificate of Substantial Completion. Promptly thereafter, Owner and Design/Builder shall make an inspection of the Work to determine the status of completion. If Owner does not consider the Work substantially complete, Owner will notify Design/Builder in writing giving the reasons therefor. If Owner considers the Work substantially complete, Owner will prepare and deliver to Design/Builder a certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a list of items to be completed or corrected before final payment. At the time of delivery of the certificate of Substantial Completion Owner will deliver to Design/Builder a written determination as to division of responsibilities pending final payment between Owner and Design/Builder with respect to security, operation, safety, protection of Construction, maintenance, heat, utilities, insurance and warranties and guarantees. B. Owner will have the right to exclude Design/Builder from the Site after the date of Substantial Completion, but Owner will allow Design/Builder reasonable access to complete or correct items on the list of items to be completed. 13.06 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Construction which (i) has specifically been identified in the Contract Documents, or (ii) Owner and Design/Builder agree constitute a separately functioning and usable part of the Construction that can be used by Owner for its intended purpose without significant interference with Design/ Builder's performance of the remainder of the Construction, subject to the following: 1. Owner at any time may request DesignBuilder in writing to permit Owner to use or EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright (1)2002 National Society of Professional Engineers for FJCDC_ All rights reserved. Includes City of Fort Collins modifications dated 092004 30 occupy any such part of the Construction which Owner believes to be ready for its intended use and substantially complete. If Design/Builder agrees that such kart of the Work is substantially complete. Design/Builder will certify to Owner that such part of the Construction is substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Construction. Design/Builder at any time may notify Owner in writing that Design/Builder considers any such part of the Work ready for its intended use and substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. Owner and Design/Builder shall make an inspection of that part of the Work to determine its status of completion. If Owner does not consider that part of the Work to be substantially complete. Owner will notify Design/Builder in writing giving the reasons therefor. If Owner considers that part of the Work to be substantially complete, the provisions of paragraph 13.05 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. 2. No use or occupancy of pail of the Construction will be accomplished prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 13.07 Final Inspection A. Upon written notice from Design/Builder that the entire Work or an agreed portion thereof is complete, Owner will make a final inspection with Design/Builder and will notify Design/Builder in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Design/Builder shall kninediately take such measures as are necessary to complete such Work or remedy such deficiencies. 13.08 Final Payment A. Application for Payment. 1. After Design/Builder has completed all such corrections to the satisfaction of Owner and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules. guarantees, Bonds, certificates or other evidence of insurance, certificates of infection, record documents as provided in paragraph 6.12) and other documents, Design/Builder may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (unless previously delivered) by: (0 all documentation called for in the Contract Documents including but not limited to the evidence of insurance required by paragraph 5.04.13.7: (it) 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. 3. In lieu of such releases or waivers of Liens specified in paragraph 13.08.A.2 and as approved by Owner, Design/Builder may furnish receipts or releases in full and an affidavit of Desim/Bui(der 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 to furnish such a release or receipt in full, Design/Builder may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 4. 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 Proiect manual. B. Final Payment and Acceptance. If Owner is satisfied that the Work has been completed and Design/Builder's other obligations under the Contract Documents have been fulfilled, Owner will, within ten days after receipt of the final Application for Payment, give written notice to Design/Builder that the Work is acceptable. Otherwise, Owner will return the Application to Design/Builder, indicating in writing the reasons for refusing to process final payment, in which case Design/Builder shall make the necessary corrections and resubmit the Application. C. Payment Becomes Due. Thirty days after the presentation to Owner of the acceptable Application and accompanying documentation, in appropriate form and substance and with Owner's notice of acceptability, the amount will become due and will be paid by Owner to Design/Builder, subject to paragraph 16.05.A.1 and 16.05 A.2 of these General Conditions. 13.09 Final Completion Delayed A. If, through no fault of DesignBuilder, final completion of the Work is significantly delayed, Owner shall, upon receipt of Design/Builder's final Application for Payment, 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 5.0l.A, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright P72002 National Society of Professional Engineers for E.ICDC. All lights reserved Includes City of Fort Collins modifications dated 09/2004 31 shall be submitted by Design/Builder to Owner 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. 13.10 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. A waiver of all Claims by Owner against Design/Builder, except Claims arising from unsettled Liens, from defective Construction appearing after final inspection pursuant to paragraph 13.07, from failure to comply with the Contract Documents or the terms of ally special guarantees specified therein, or from Design/Builder's continuing obligations under the Contract Documents; and 2. A waiver of all Claims by Design/Builder against Owner other than those previously_ made in writing and still unsettled. ARTICLE 14 — SUSPENSION OF WORK AND TERMINATION 14.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 days by notice in writing to Design/Builder which will fix the date on which Work will be resumed. Design/Builder shall resume the Work on the date so fixed. Design/Builder 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 Design/Builder makes a Claim therefor as provided in Article 9. 14.02 Owner May Terminate `or- Cause A. U on Tthe occurrence of any one or more of the following events justifies tel-mi ation for ea. se Owner may terminate this Agreement as provided herein: 1. Design/Builder's persistent failure 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 2.06.A as adjusted from time to time pursuant to paragraph 6.05). 2. Design/Builder's disregard of Laws or Regulations of any public body having Wrisdiction. 3. Design/Builder's violation in any substantial way of provisions of the Contract Documents. B. If one or more of the events identified in paragraph 14.02.A occur, Owner may, after giving Design/Builder (and the surety, if any) seven days' written notice, terminate the services of Design/Builder, take possession of any completed Drawings and Specifications prepared by or for Design/Builder (subject to the indemnification provisions of paragraph 3.05.A), exclude Design/Builder from the Site, and take possession of the Work and of all Design/Builder's tools, appliances, construction equipment and machinery at the Site and use the same to the full extent they could be used by DesignBuilder (without liability to Design/Builder for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Design/Builder but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Design/Builder 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 (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) such excess will be paid to Design/Builder. If such claims, costs, losses and damages exceed such unpaid balance, Design/Builder shall pay the difference to Owner. Such claims, costs, losses and damages incurred by Owner will be incorporated in a Change Order. When exercising any rights or remedies under this paragraph Owner shall not be required to obtain the lowest price for the Work performed. C. Notwithstanding paragraph 14,02.13, Design/ Builder's services will not be terminated if Design/Builder begins, within seven days of receipt of notice of intent to terminate, to coh-ect its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Design/Builder's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Design/Builder then existing or which may thereafter accrue. Any retention or payment of moneys due Design/Builder by Owner will not release Design/Builder from liability. 14.03 Owner May Terminate for Convenience A. Upon seven days' written notice to Design/Builder, Owner may, without cause and without prejudice to any other right or remedy of Owner, elect to terminate the Contract. In such case, Design/Builder shall be paid (without duplication of any items) for: EJCDC D-700 Standard General Conditions of the Contract Between Ownerand Design/Builder Copyright (02002 National Society of Professional Engineers for EJCDC. All rights reserved_ Includes City of Fort Collins modifications dated 092004 32 1. 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; 2. 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; and 3. Amounts paid in settlement of terminated contracts with Subcontractors, Suppliers and others (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 incurred in connection with termination of contracts with Subcontractors. Suppliers and others); and 4. Reasonable expenses directly attributable to termination. B. Except as provided in paragraph 14.03.C, Design/Builder shall not be paid on account of loss of anticipated profits of revenue or other economic loss arising out of or resulting from such termination. 14.04 Design/Builder May Stop Work or Terminate A. If, through no act or fault of Design/Builder, the Work is suspended for a period of more than 90 days by Owner or under an order of court or other public authority, or Owner fails to act on any Application for Payment within thirty days after it is submitted or Owner fails for thirty days to pay Design/Builder any sum finally determined to be due, then Design/Builder may, upon seven days' written notice to Owner, and provided Owner does 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 14.03.A. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if Owner has failed for 30 days to pay Design/Builder any sum finally determined to be due, Design/Builder may upon seven days' written notice to Owner stop the Work until payment is made of all such amounts due Design/Builder, including interest thereon. The provisions of this paragraph 14.04.A are not intended to preclude Design/Builder from making Claim under Article 9 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Design/Bui[der's stopping Work as permitted by this paragraph. ARTICLE 15 — DISPUTE RESOLUTION 15.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no such method and procedure has been set forth, Owner and Design/Builder 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 16— MISCELLANEOUS 16.01 Giving Notice A. 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 certified mail, postage prepaid, to the last business address known to the giver of the notice. 16.02 Computation of Times A. 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. 16.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies availablke hereunder to the parties hereto 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: 1. Laws or Regulations; or 2. any special warranty or guarantee; or 3. other provisions of the Contract Documents. B. The provisions of paragraph 16.03.A 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. EJCDC D-700 standard General Conditions of the Contract Between Owner and Design/Builder Copyright a 12002 National Society or Professional Engineers for E.ICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 33 . . 4 A 16.04 Survival of Obligations A. 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 Contract. 16.05 Controlling Law A. The Gentrae* lectiments will h eaRstfued in ,..a,...,...with the iav of the ..lace of the Prej et. The laws of the State of Colorado shall apply to this Agreement, including but not limited to the following pertinent Colorado statutes: 1. Colorado Revised Statutes (CRS 8-17-101) requires that Colorado labor be employed to perform the work to the extent of not less than 80 percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed on the project. Colorado labor means any person who is a bona fide resident of the State of Colorado at the time of employment, without discrimination as to race, color, creed, age, religion or sex. 2. If a claim is filed, Owner is required by law (CRS 38-26-107) to withhold from all payments to Design/Builder sufficient funds to insure the payment of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by Design/Builder or his Subcontractors in or about the performance of the work. Such funds must be withheld until said claims have been paid or such claims as filed have been withdrawn, such payment or withdrawn to be evidenced by filing with Owner a receipt in full or an order for withdrawal in writing and signed by the person filing such a claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than ninety (90) days following the date fixed for final settlement, as published in a public newspaper in accordance with the law, unless an action is commenced within that time to enforce such unpaid claim and a notice of lis pendens is filled with the Owner. At the expiration of such ninety (90) day period, Owner shall pay to Design/Builder such moneys and funds as are not the subject of suit and [is pendens notices, and shall retain only sufficient funds to insure the payment of judgments which may result from the suit. E.ICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright (o2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 34 SECTION 00800 SUPPLEMENTARY CONDITIONS SC-4 DiffiffiRg Site GORiNtiARS Subsurface and Physical Conditions ADD the following language in Section 4, Paragraph A.1, Subsurface Conditions: ADD the following language in Section 4, Paragraph A.2.a. Physical Conditions: SC-5 Bonds and Insurance ADD the following language in Section 5.01 Paragraph A Performance, Payment and Other Bonds Design/Builder shall furnish performance and payment Bonds, each in an amount at least equal to the construction portion of the Contract Price as security for the faithful performance and payment of all Design/Builder's obligations to furnish, provide and pay for Work and related materials under the Contract Documents. Design and Preconstruction Services will not be included in either of the bond amounts. These Bonds will be in effect from the start of construction and 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. Design/Builder shall also furnish such other Bonds as are required by the Contract Documents. ADD the following language in Section 5.03 Paragraph A.1 Certificates of Insurance Additional Insureds: REVISE the following language in Section 5.04 Paragraph A.2. Design/Builder's Liability Insurance ...For paragraph 5.02.C: The Professional Liability Errors & Omissions policy will have limits of $5,000,090 $2,000,000. ADD the following language in Section 5.06 Paragraph A.1 Rty Builders Risk Insurance Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Construction at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws or Regulations). Design/Builder shall be responsible for the first $10 000 of any insurable loss under this policy. This insurance will: SC-6 Design/Builder's Responsibilities ADD the following language in Section 6.01 Paragraph B.4. Preliminary Design Phase. Obtain Assist owner in obtaining such additional geotechnical and related information which it deems necessary for performance of the Work: SC-8 Changes in Work ADD the following Paragraph to ARTICLE 8, Paragraph 8.05.13 Resident Project Representative The Resident Project Representative deals in matters pertaining to the work. Any such dealings will be with or through the Design/Builder. Dealings with subcontractors will only be through or with the full knowledge and approval of the Design/Builder. Duties and Responsibilities of the Resident Project Representative are: Attend meetings with the Design/Builder such as preconstruction conferences, progress meetings and other job conferences. Section 00800 Page Serve as Owners liaison with Design/Builder working principally through Design/Builders superintendent to assist the Design/Builder in obtaining from OWNER additional details or information, when required, for proper execution of the Work. Advise the Design/Builder of the commencement of any Work pertaining to a Shop Drawing, data, or sample submission which does not meet the Contract Documents. Conduct on -site observations of the Work in progress in determining that the Work is proceeding in accordance with the Contract Documents. Report to the Design/Builders superintendent whenever the Resident Project Representative believes that the Work is unsatisfactory, faulty or defective, does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made; and advise the Owners Representative and Design/Builder when he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project. Consider and evaluate Design/Builder suggestions for modification in Drawings or Specifications and report these recommendations to Owners Representative. Maintain at the Resident Project Representative office orderly files concerning correspondence, reports of job conferences, Shop Drawings, data, and samples, reproductions or original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional drawings issued subsequent to the execution of the Agreement, Design/Builder clarifications and interpretations of the Contract Documents, progress reports and other project documents. Keep a diary, daily report form, or log book, recording hours on thejob site, weather conditions, data relative to questions of work directive changes, Change Orders, or changed conditions, list of job site visitors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Report immediately to Owners Representative the occurrence of any accident. Review application for payment with Design/Builder for compliance with the established procedure for their submission and will submit to the Owners Representative. Conduct final inspection with the Design/Builder and Owners Representative observe that all items on the final inspection list have been corrected or completed and make recommendations to Owners Representative concerning acceptance. The Resident Project Representative shall not: Authorize any deviations from the Contract Documents or accept any substitute materials or equipment. Exceed limitations of Resident Project Representative authority as set forth in the Contract Documents. Undertake any of the responsibilities of the Design/Builder, Subcontractors, or Design/Builders superintendent. Advise on, or issue directions relative to, or assume control over A any aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. Advise on or issue directions regarding or assume control over safety precautions and programs in connection with the Work. Accept Shop Drawings, data, or samples submittals from anyone other than the Design/Builder Section 00800 Page .. r SECTION 2 REQUEST FOR PROPOSAL P983 E. DESIGNBUILDER is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. F. DESIGNBUILDER has correlated the information known to DESIGNBUILDER, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. G. DESIGNBUILDER has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies that DESIGNBUILDER has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGNBUILDER, and the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGNBUILDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 11. ACCOUNTING RECORDS 11.0 DESIGNBUILDER shall keep such full and detailed accounts as may be necessary for proper financial management under the Contract Documents with respect to all materials, equipment and labor entering into the Work. The accounting methods shall be satisfactory to OWNER. OWNER shall be afforded reasonable access to all of DESIGNBUILDER's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to the Cost of Work and DESIGNBUILDER's Fee. DESIGNBUILDER shall preserve all such documents for a period of three years after final payment by OWNER. Article 12. CONTRACT DOCUMENTS 12.01 The Contract Documents which comprise the entire agreement between OWNER and DESIGNBUILDER concerning the Work consist of the following: A. This Agreement (pages 1 to 8, inclusive). B. Exhibits to this Agreement (pages N/A to N/A, inclusive). C. OWNER's Request for Proposal No. P-983, along with Conceptual Documents identified therein. D. DESIGNBUILDER's Proposal in Response to OWNER's Request for Proposal No. P-983. E. Notices to Proceed. F. Performance, payment, and other Bonds, identified as Section 00610-00615 and consisting of 4 pages. 5 a.. . I .4 11 REQUEST FOR PROPOSAL CITY OF FORT COLLINS NORTHSIDE AZTLAN CENTER-DESIGN/BUILD PROPOSAL NO. P983 RFP OPENING DATE: 3:00 P.M. MARCH 25. 2005 Request for Proposal City of Fort Collins Proposal No. P983 Northside Aztlan Center -Design/Build The City of Fort Collins is seeking qualifications and the best possible combination of design and building construction services for the design and construction of the Northside Aztlan Center-Design/Build replacing the existing facility located at 112 East Willow Street. Written proposals, seven (7) copies, will be received at the City of Fort Collins Purchasing Division, 215 North Mason Avenue, Fort Collins, Colorado 80521. Proposals will be received before 3:OOpm (our clock) March 25, 2005, Proposal No. P983. The City desires that proposing teams (or members) have experience on Recreational Facility projects of similar scope and size, and must also have had some experience on design -build projects within the last five years. • No telephone communications regarding the scope of the project will be answered. • City of Fort Collins staff will not hold individual meetings with any prospective proposers. • Questions concerning the scope of the proposal will be addressed in one way. o A pre -proposal meeting will be held on March 16, 2005, at 10:00am- 12:00pm, at 300 West LaPorte Avenue (City Council Chambers). 1. Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instructions to request document #30983. 2. Download the Proposal/Bid from the BuySpeed Webpage https://secure2.fcgov.comfbso/lo iq n.isp 3. Come by Purchasing at 215 North Mason St., 2,d floor, Fort Collins, and request a copy of the Request. Questions regarding the proposal submittal process should be directed to James B. O Neill II, CPPO, Director of Purchasing and Risk Management, (970) 221-6775. Questions regarding the project should be directed, in writing, to Steve Seefeld, Facilities Project Manager (970) 221-6227. Questions received only until 5:00 PM, March 17, 2005. 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. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. 2 The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 3 y � I..N 11 TABLE OF CONTENTS CHAPTER1...................................................................................................................4-6 CHAPTER2...................................................................................................................7-8 CHAPTER 3 .9-10 CHAPTER 4 11 CHAPTER 5 12-13 CHAPTER 6 14-16 CHAPTER 7 .17 CHAPTER 8 .37 m CHAPTER 1 GENERAL INFORMATION GENERAL The City of Fort Collins is seeking qualifications and the best possible combination of design and building construction services for the design and construction of the Northside Aztlan Center Replacement. Pre -Conceptual design of the Facility has determined the building to be approximately 50,000 sq. ft. located at 112 East Willow Street in Fort Collins, Colorado. The Facility will serve the needs of the Recreational Community of Fort Collins and will include a three court gymnasium; multi -purpose room for wrestling & boxing; multi -purpose room for social activities; cardio, weights, and exercise area; classrooms; kitchen; computer lab; conference/meeting rooms; intergenerational lounge; jog/walk track around gym (second floor); staff offices; lobby; locker rooms; bathrooms; storage, and mechanical areas. REQUIREMENTS The City desires the best possible combination of design and building construction services for the project. The successful team will be responsible for ALL disciplines required for the design, engineering, cost estimating, and construction services necessary for completion of the project from conceptual design through project close- out. The successful team will be responsible for meeting all state and local licensing requirements in the design and construction of the facility. The standards referenced and included in this RFP are intended to establish the expectations the City has for this project regarding quality of materials and workmanship. III. TEAM BUILDING The City desires a successful project for everyone involved. The City would like to create an environment where trust and teamwork prevent disputes, foster a cooperative bond to everyone s benefit, and facilitate the completion of a successful project. City staff wishes to work with the design/build team closely on a day to day basis as members of a project team during design and construction. IV. DESIGN/BUILD SELECTION PROCESS The design/build selection process will be completed in two steps: STEP I: Preliminary Selection by Qualifications The City will issue a Request for Proposal (RFP) and select the top three design/build teams based upon the qualifications and experience of the team. No schematic plans for this project will be considered in Step I. The selection committee will evaluate the submitting Teams qualifications, NOT specific architectural proposals. STEP II: Selection of the Design Build Team Step II will be completed in two parts. Part (a.) will be comprised of the proposal written materials, and Part (b.) will be an oral interview with the Proposers. The City will transmit the following to the three selected (finalists) design/build teams: 5 a. The Northside Aztlan Center-Design/Build schematic Space Plan , as envisioned by Staff, dated January 2005. (This space plan will be updated by the selected design/build team). b. A detailed list of the City s Expectations of the project and any special requirements. C. A site boundary survey showing gross acreage dated May 1978 by Bradford L. Smithe Associates. d. A topographic drawing of the site, dated August 2002, prepared by The Engineering Company. e. A copy of the preliminary geotechnical engineering report, dated September 30, 2002, prepared by Terracon. f. Information regarding recent site ENVIRONMENTAL WORK. In April 2001, the site of the Northside Aztlan Center was identified as an EPA superfund site and under a Brownfields Redevelopment Project site, with a modified Phase I Environmental Site Assessment being completed by Walsh Environmental Scientists and Engineers, Inc. Significant soil and ground water contamination by coal tar compounds and other related petroleum products was identified on the site. Also, the site was the former Fort Collins municipal landfill until the early 1960s. Since that time, Public Service Company of Colorado and the United States Environmental Protection Agency has conducted extensive investigation of the seep of tarry material in the Poudre River. They have developed detailed plans for the investigation and remediation work to be completed which is being constructed at the present time. The work is scheduled to be completed May 2005. The work will include a 700 foot vertical wall in the south bank of the Poudre River, a small treatment building in which water collected in the wall structure will be treated, and other minor structures to support the operation and maintenance of these facilities and ongoing monitoring of the area. Because the proposed location of the new Northside Aztlan Center will be built over the identified plume of coal tar, the design/build team will have to follow certain requirements developed as part of the remediation plan. These two requirements will be: 1. Reasonable Steps . Exhibit 2. The City s Health and Safety Plan for procedures if contaminant is encountered during construction. Exhibit • Also, the following maps are included for your use: 1. Appendix E Site Location. Exhibit 2. Appendix F Plume Map/Lateral Extent of Contamination October 2004. Exhibit CI 3. Figure 2 SA Drilling Locations with Extent of Coal Tar Imports . Exhibit 4. Figure 3 Conceptual Site Model Diagram Geologic Cross -Section A- A. Exhibit g. A copy of the floor plan of the existing Northside Aztlan Center. h. Project Budget: The project budget for the design and construction services is in the range of $7,800,000 to $8,100,000, which includes the design services, building construction, and all on -site improvements. V. DESIGN INTERVIEW A schematic design interview of two hours will be held with each design/build team and the City s selection committee to complete Step 11. Following is the proposed schedule for the selection process: STEP DATE Information available to Proposers March 1, 2005 RFP Pre -Proposal Meeting March 15, 2005 Receive Proposals March 25, 2005 Select Three Design/Build Teams April 8, 2005 STEP II DATE Submit Information to Three Design/Build Teams April 11, 2005 Pre -Proposal Meeting with Three Design/Build Teams April 19, 2005 Receive Design/Build Proposals May 20, 2005 Interviews with Three Design/Build Teams June 7, 2005 Select Final Design/Build Team June 7 , 2005 Notice to Proceed D/B Team July 11, 2005 VI. PURCHASING RESTRICTIONS The proposers authorized signature on the proposal assures the team s compliance with City of Fort Collins purchasing restrictions. A copy of the restrictions is available for review in the Purchasing and Risk Management Division or the City Clerk s Office. City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement, or products containing cement, to certify that the cement was not made in cement kilns that burn hazardous waste as fuel. VII. THE CAPITAL PROJECTS PROCEDURE MANUAL The City of Fort Collins has adopted the use of the Capital Projects Procedures Manual. The detailed Scope of Work for this project will relate to this manual. This manual correlates very closely to the phases of work sequence by the American Institute of Architects. It includes site analysis, schematic design, design development, construction documents, bidding, construction administration and project close-out. This manual will be available for use by the selected team. Vill. BUILDING DESIGN STANDARDS MANUAL The City of Fort Collins has developed a Building Design Standards Manual, dated November 2004. This manual will be available for use by the selected team. IX. STATE TAXATION The City of Fort Collins is exempt from all state taxation including state sales and use taxes. 7 CHAPTER 2 OBJECTIVES I. DESCRIPTION The proposed project is the design and construction of an approximately 50,000 sq. ft. Recreational Facility. The Facility will serve the entire Fort Collins Community and will include a three court gymnasium; multi -purpose room for wrestling & boxing; multi- purpose room for social activities; cardio, weights, and exercise area; classrooms; kitchen; computer lab; conference/meeting rooms; intergenerational lounge; jog/walk track around gym (second floor); staff offices; lobby; locker rooms; bathrooms; storage and mechanical areas. The site needs will include patio area; skate park (use existing); playground (relocate); outdoor basketball court (lighted); outdoor handball/racquetball court; and parking. (Parking will require a detailed parking study of the entire neighborhood). The new Facility will replace the existing Facility. It is intended the existing facility will remain open during the design and construction of the new facility. The old facility will be removed and converted to parking and other designed features after the new facility has opened. The project will conform to the City of Fort Collins Land Use Code. II. IMAGE . Project Positive Image to the Community a. Convey sense of permanence and community pride. b. Timeless look, not trendy . C. Avoid flashy or expensive looking. d. Solid and permanent e. Useful and efficient f. Fits well into site/environment • Welcome Person with all Levels of Abilities a. ADA requirements will be paramount. b. Friendly barrier -free design. C. Integrate the disabled without stigmatizing them. d. Universal design for entire population (all ages, all levels of ability). e. Warm, professional and welcoming. f. Wide, well lighted corridors. g. The building should delight visitors. h. Enough entries to be convenient to approach from more than one direction. III. FLEXIBILITY/DURABILITY • Avoid having the Building Become Outdated in 5-10 Years a. Serviceable life of the building anticipated to be 50 years. b. Plan for changes. C. Maximize use of re-locatable/reusable/recyclable products. d. Maintain modular space standards as identified in the program. e. Plan for future expansion. • Reduce On -Going Maintenance and Repair Costs a. Reduce need to repair or replace equipment and materials. b. Use materials that prolong the useful service life of the building. E C. Ensure equipment and corresponding distribution network is accessible for serviceability. d. Consider maintenance cost in the life cycle analyses of equipment, systems and materials. IV. WORK ENVIRONMENT a. Recognizing that people are the highest cost associated with buildings, provide an uplifted work environment that supports and enhances worker productivity. b. Design high quality lighting utilizing daylighting and quality electric lighting. C. Maximize visual connections to the outdoors without negatively, impacting energy use. d. Create a thermally comfortable environment with minimal use of energy. e. Provide good indoor air quality through use of less toxic materials, well - designed ventilation, etc. f. Minimize HVAC, and other equipment noise. V. SUSTAINABLE DESIGN It is the intent of the City of Fort Collins that the project earns enough credits using the US Green Building Councils (USGBC) LEED Green Building Rating System to earn a Silver certification. The most current version of LEED at the time of the project design shall be used. In this context, it is desired that particular attention be given to building shape and orientation to optimize daylighting potential while minimizing unwanted heat gain and glare. 111 'A 1. CHAPTER 3 PROFESSIONAL SERVICES I. DESIGN SERVICES All the necessary design services to complete the project including the following: a. All customary architectural design services for a project of this size scope and budget. b. All planning design services. • The design consultants will have to coordinate the design of this facility with the work being conducted by the Downtown River Improvement Project . The contact person will be Kathleen Bracke (970) 224-6140. This study will determine the design criteria for the infrastructure improvements of the area. • The design consultant planners as well as the civil engineer will have to coordinate the design of this facility with the design of the improvements to the Willow Project by Lagunitas Companies. The contact person for this work will be the City s Project Manager, Steve Seefeld. This work may include coordination and planning to formally vacate the existing alley, developing design for shared landscaping, and shared storm drainage detention with contiguous property owners. C. All landscaping and irrigation design services. d. All civil design services. • Transportation Impact Study (TIS) • All other civil work necessary for City approval. • A task required as part of the T.I.S. will be to complete a detailed Parking Study of the area. This parking study will include the impact of parking for the new Northside Aztlan Center, the Willow Project, the impact of the existing parking of the Larimer Community Services, Inc. parking lot, as well as the impact on the on street parking within the surrounding area. • A task required as part of the civil engineering work will be developing a plat of the entire site showing all the appropriate easements and tracts of the different uses of the site. i.e., the Northside Aztlan Center Tract, the Larimer County Services Tract, and the Heritage Park Tract. e. All customary structural design services. f. All customary mechanical design services. • Including: Fire Protection Design g. All customary electrical design services • Including: Communications & Security Systems Design • Including: Fire Alarm System Design h. Any Special System Design Services needed for a Recreational Facility. 10 G. Standard General Conditions of the Contract Between Owner and Design/Builder (pages one to thirty-four, inclusive). H. Supplementary Conditions (pages 00800-1 to 00800-2, inclusive). Addenda numbers 1 through 4 inclusive. J. Other Documentation submitted by DESIGNBUILDER prior to Notice of Award (pages 1 to 48, inclusive). • Design Build Estimate July 25, 2005 Pages 1-12 • Cost Analysis Report July 25, 2005 Pages 1-2 • Design Service Hourly Rates Pages 1-2 • Labor Rates Contract Attachment June 6, 2005 Page 1 • Equipment Rental Rates Report Pages 1-31 K. The following, which may be delivered, prepared or issued after the Effective Date of this Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04.A of the General Conditions. 2. Specifications as defined in Paragraph 1.0l .A.40 of the General Conditions. 3. Drawings as defined in Paragraph 1.01.A.18 of the General Conditions. 12.02 The documents listed in paragraph 12.01 above are attached to this Agreement (except as otherwise expressly noted). 12.03 There are no Contract Documents other than those listed above in this Article 12. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04.A of the General Conditions. 12.04 In the case of any irreconcilable ambiguity, inconsistency or conflict between DESIGNBUILDER's Proposal (Section 12.01.13) and the Request for Proposal (Section 12.0l.C), the terms of the Proposal shall be controlling. In the case of any irreconcilable ambiguity, inconsistency or conflict among the Contract Documents listed in Section 12.01, the documents listed in Section 12.0 LK shall govern, and in the case of any irreconcilable ambiguity, inconsistency or conflict among the documents listed in Section 12.01.K, the documents listed in Sections 12.01.K.1, Section 12.01.K.2, and Section 12.0l.K.3 shall take precedence, in the order herein listed. 11 Each design discipline will exercise due diligence in their work to maximize the potential for sustainability and energy conservation. This may include life cycle cost analysis. The City of Fort Collins desires the prime architect be experienced in Recreational Facility Design. The City desires an architect/builder and planning firm experienced in working with the City of Fort Collins planning process. The design professional will usher the project through the City approval process. The design build arrangement is expected to be a partnering between the design professional and the builder. However, the City requires that all design consultants be contracted directly with the principal A/E. II. CONSTRUCTION SERVICES The design/builder will provide all necessary construction services to complete construction of the project, including a cost consultant. a. Construction cost factors. Establish, in detail, the factors which will be used in determining the final prices of work on time and material projects OR on negotiated guaranteed maximum price construction contracts. These factors shall be comprehensive in establishing all costs to be applied to direct project labor and materials in determining the construction cost. Commitments shall include: • Overhead and profit (combined) margin for general office activities on the base bid cost. • Overhead and profit (combined) margin for field office activities on the base bid cost. • Markup on subcontractor work by the General Contractor. • Markup on materials and equipment on the base bid cost. • Markup on project labor or materials to determine the final contract price. • Change order markup, including supervision allowance, labor and material markups, and overhead and profit percentages, as a percent of labor and materials cost for any changes in the work following contract award. • You MUST submit the above requested information. The selection team will consider other methods of contract negotiations that the firm may have experience with. • Your firm is expected and required to have a completely open book policy on all pricing of work 11 CHAPTER 4 SPECIAL INTERFACES I. SUSTAINABLE DESIGN The goal of the City is that the project will be designed using the U.S. Green Building Council s (USBGC) LEED Green Building Rating System for new construction and major renovations, to earn a silver certification. City Utility Personnel will be involved with the design team process on a limited basis. The Design/Builder will be responsible for providing to the Owner (City of Fort Collins) with all material requirements necessary for submission to the USBGC for certification. II. COMMISSIONING The City of Fort Collins will provide the commissioning firm and the design/build team will be required to coordinate the design and construction with this commissioning agent. III. ART IN PUBLIC PLACES The design/build team will be required to work with an artist from the City s Art in Public Places Program with the intent to design artistic elements into the project concept, and that are within the APP budget for this project. A member of the design/build team will be added to the committee that selects the artist. The City will contract directly with that artist. IV. FURNITURE DESIGN AND INSTALLATION The City of Fort Collins will be responsible for the furniture design and procurement. The design/build team will assist in the coordination of this effort as the furniture design will proceed at the same time as the building design. V. TESTING SERVICES The City of Fort Collins will be responsible for all the testing services (soils, concrete, asphalt, structural steel, etc.) and will contract directly with a testing agency for this work. The design/build team will assist in the coordination of this effort. The design/build team will schedule all necessary construction inspections and tests directly with the City s designated agent for these services. VI. COMMUNICATION WORK The City of Fort Collins will be responsible for communication work with regard to telephone and computer cabling including procurement of this equipment. The design/build team will assist in the coordination of this effort. Also, it will be the responsibility of the design/build team to install the raceways, conduits, fixtures, etc. for the communication systems. Design and construction of the security system for the facility will be the responsibility of the design/build team. VII. COMPUTER LAB, EXERCISE EQUIPMENT The City of Fort Collins will be responsible for the purchase of all computer lab equipment, exercise equipment. This activity will be coordinated with the design/build team in order to locate the necessary services for the equipment. VIII. ENVIRONMENTAL WORK All environmental work relative to the subject property and completed as remediation to the EPA Superfund site will be completed by approximately May 2005. This work will not impact the design/build contract. However, the City of Fort Collins will be responsible for any environmental work associated with the design/build project for the new Northside Aztlan Center specifically, and will contract directly with an environmental consultant as needed. The design/build team will be required to coordinate their work with that of the City s environmental consultant should the need for environmental work be required. 12 . A 11 CHAPTER 5 QUALIFICATION REQUIREMENTS Only Teams that have the requisite experience and qualifications are encouraged to submit proposals. I. DESIGN/BUILD PROJECTS OF RECREATIONAL FACILITIES Provide a brief project description and history for design/build projects, similar in scope to this project, completed in the last 5 years. Include the following information: a. Project description that includes the project name, firms that comprised the design/build team, occupancy type (UBC), construction type (UBC), gross square footage, major structural system(s), and HVAC system. b. Project history that includes the original schedule agreed upon at the time of signing the contract, the actual duration of design and construction, and any special characteristics of the project. C. Project budget information that includes the cost at the time of signing the contract, and the final cost. d. Methodology for controlling project cost and schedule for each phase of the project. e. Names, addresses and telephone numbers of project owners. II. FINANCIAL CAPABILITY Applicants must have the financial capacity to absorb project start-up costs, as well as to maintain the day-to-day working financial aspects of the organizational structure. Provide the following information: a. Bonding company. Provide the name, address and phone number of the firm s bonding agent. Provide a letter from the bonding agent indicating the firm s bonding capacity is adequate ($8,100,000) to undertake this work. b. Identify project financial arrangements. C. Any pending or outstanding claims or judgments. d. References from banking and credit institutions with which business has been conducted. e. Insurance company. Provide the name, address and phone number of the firm s insurance agent(s). Provide certificate of insurance outlining coverage and policy limits. Can this coverage be extended for work on this project? Can coverage be increased? Can City and Engineer be listed as an additional insured? Are there any current claims that will affect coverage limits available to the City for this project? f. Financial statement. Provide a recent financial statement (audited if possible) including balance sheet and income statement showing: • Current assets • Other assets • Current liabilities • Other liabilities • Fixed assets and equipment g. Banking reference. Provide the name, address and phone number of the firm s banking reference. 13 III. MANAGEMENT EXPERIENCE AND CAPABILITY Applicants must have strong project team leadership capability and relevant management experience, for both the design and the construction services. Provide information on: a. Recent (within the past 5 years) examples of management of projects that required management organization, skills, and expertise, similar to those required by this project. b. Approaches used to cut costs when estimated costs exceed the budget. IV. EXPERIENCE WITH SUSTAINABLE DESIGN State the team s commitment to and experience with whole -building performance and sustainable design. List projects completed within the past 5 years that feature workable, cost-effective, low energy, and sustainable design strategies. Include: a. Design team organization used for these projects. b. Description of the process used to reach final design. C. Description of the low energy, sustainable design features of each project. d. Descriptions of energy analysis technique(s) used. e. Information on commissioning and actual performance of the listed projects. f. Names, addresses and telephone numbers of project owners. V. TEAM MEMBER EXPERIENCE Describe the level of participation in the projects listed above by key staff proposed for this project. Provide information regarding each team member s professional licensure. Provide information regarding recent team member experience with the City of Fort Collins development review process, including the procedures and requirements necessary under the current Land Use Code of the City of Fort Collins City Plan . VI. TEAM BUILDING Describe any experience by the team or key staff on the team with similar owner/design/ build teams. Describe the firm s experience with team building, either formal or informal. Highlight any team building experience by key staff proposed for the project. Provide references for cited experience. Describe any experience by the firm or key staff with similar owner/engineer/contractor teams. Highlight any team building experience by key staff proposed for this project. Provide references for cited experience. Address in this section all projects completed in the last five years on a negotiated contract basis and give details and references. VII. UNIQUE CAPABILITIES Describe any unique capabilities/experience the proposed key staff will bring to this project. How will their experience benefit this project? Vill. SAFETY RECORD Provide the firm s OSHA reportable accident rate and current workman s compensation insurance multiplier for the last 3 years. Outline your company s safety program and any additional information that would be useful in showing your approach to a safe work site. Unsafe conditions with respect to the public, owner, engineer, and contractor are not an option. IX. SUBCONTRACTORS Based on the description of the work in this request, describe subcontractors that you have working relationships with that might be used on these projects. X. AGREEMENT COMMENTS Design Build team is expected to sign the agreement. Any exceptions to the agreement must be stated with your submission of qualifications for this project. The City makes no guarantees it will change the agreement but will consider the exceptions. 14 CHAPTER 6 PROPOSAL EVALUATION CRITERIA I. PROCUREMENT PROCESS This is a two-step procurement process. Firms will be judged on the following rating criteria. 11. STEP 1 EVAULATION Proposals will be evaluated on the following criteria. These criteria will be the basis for review of the preliminary written proposal. The rating scale is from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Wei-ghting Factor Criteria Standard 4.0 Team Capability/ Does the design/build team have the capability and Experience experience to design and construct a project of this type and scope? Does the team have the skills to successfully manage the development review process? Has the team demonstrated, through previous work, the creativity, technical competence and project excellence to design and construct an exceptional community recreation facility? 2.0 Assigned Personnel Has the team identified the personnel that will work on the project? Are sufficient people of the requisite skill assigned to the project? 1.0 Schedule/Availability Can the target completion date be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of the services? 1.0 Motivation Does the team demonstrate the interest and motivation to perform the work in the required time frame? 1.0 Sustainable Design Has the team completed LEED design work? 1.0 Safety Record Has the team previously performed, meeting all safety requirements? OSHA Illness/Injury Rate, OSHA Lost Work Day Incidence Rate and Workman s Comp Experience Modification Rate Insurance multiplier. No schematic plans for this project will be considered in Step 1. The selection committee will evaluate the submitting teams qualifications only, NOT specific architectural proposals. 15 1' . I.ii 14 i'1 ' III. STEP II EVAULATION The three Design/Build Teams that are selected to proceed to the design and costing process will also be evaluated by the following criteria on the written proposal information at the oral interviews. The rating scale will be from 1 to 5, with 1 being a poor rating, and 5 being an outstanding rating. Weighting Factor Criteria Standard 5.0 Scope of Proposal Does the proposal show an understanding of the scope of the project, methodology to be used in the design and construction phases and the results that are desired from the project? 4.0 Guaranteed Do the proposed construction cost factors Maximum Price compare favorably with industry standards (GMP) and Cost and other firms construction cost factors? Factors for Are the proposed design/build costs Design/Build Project reasonable and competitive? 2.0 Construction Do the referenced projects reflect Performance favorably in respect to completion within the contract schedule, cost and number of change orders and claims? 2.0 Assigned Project Does the proposed team have the Team necessary skills and experience to fulfill the requirements of the project? Is the key staff available to doe the work? 1.0 Firm Experience Has the firm worked on projects similar in Design/Build scope to this project? Has partnering been used as a basis in design and construction of other projects? Was this work of high quality in nature? 1.0 Motivation Has the firm shown an interest in work and a commitment to the successful completion of theproject? IV. EVALUATION COMMITTEE The same panel will evaluate each proposal. The panel will be comprised of the following representatives. Two representatives from the Recreation Service area, two representatives from Administrative Services, one from the Purchasing Staff, the City s PMPD Project Manager, and one representative from outside the City organization, for a total of (7) seven. Proposers will prepare and submit seven complete proposals. Panel member evaluation scores, rankings, results and comments will remain confidential. 16 V. REFERENCE EVALUATION (TOP RANKED TEAM) The Project Manager will check references of the top ranked firms using the following criteria. The evaluation will be labeled Satisfactory/Unsatisfactory. Qualification Standard Overall Performance Would you hire this designer or builder again? Did they have the skills required by the project? Timetable Was the original scope of work completed within the specified time? Were interim deadlines met in a timely manner? Professionalism Was the professional responsive to client needs? Did the professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original scope of work completed within the project budget? Quality Was the project functional upon completion and did it operate properly? Did the project meet or exceed the client objectives and needs? 17 CHAPTER 7 EXAMPLE AGREEMENT THIS AGREEMENT is dated of the day of , 200_ by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter called OWNER) and , a [fill in entity form and state of formation] (hereinafter called DESIGN/BUILDER). OWNER AND DESIGN/BUILDER, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1.01 DESIGN/BUILDER shall complete all Work as specified or indicated in the Owner- Design/Builder Contract Documents, as set forth in Section 12.01. The Work is generally described as follows: design and construction of a located Article 2. THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as the design and construction of a Article 3. CONTRACT TIMES 3.01 Days to Achieve Substantial Completion and Final Payment The Work will be substantially completed within days after the date when the Contract Times commence to run as provided in paragraph 2.02.A of the General Conditions and completed and ready for final payment in accordance with paragraph 13.08 of the General Conditions within days after the date when the Contract Times commence to run. 3.02 Liquidated Damages A. DESIGN/BUILDER and OWNER recognize that time is of the essence of the Agreement and the OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.01 above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expenses and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and DESIGN/BUILDER agree that as liquidated damages for delay (but not as a penalty) DESIGN/BUILDER shall pay OWNER Thousand Dollars ($_,000.00) for each day that expires after the time specified in paragraph 3.01 for Substantial Completion until the Work is substantially complete. Article 4. CONTRACT PRICE 4.01 OWNER shall pay DESIGN/BUILDER for completion of the Work in accordance with the Contract Documents a sum equal to the Cost of the Work plus a DESIGN/BUILDER'S Fee for overhead and profit, both of which shall be determined as provided below. Article 5. COST OF THE WORK 5.01 Cost of the Work shall be determined as provided in paragraphs 10.0l.A and B of the General Conditions, but, in addition to any limitations therein set forth, it shall not include costs in excess of any Guaranteed Maximum Contract Price as set forth in Article 7 hereof. Article 6. DESIGN/BUILDER'S FEE 6.01 The DESIGN/BUILDER's Fee shall be determined as follows: A. A fixed fee of $ which shall be subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. B. No fee shall be paid for costs listed in paragraph 10.01.13 of the General Conditions. C. DESIGN/BUILDER guarantees that the maximum amount payable by OWNER in accordance with this paragraph 6.01 as a percentage fee will not exceed $ subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. Article 7. GUARANTEED MAXIMUM PRICE 7.01 DESIGN/BUILDER guarantees that the maximum obligation of OWNER for the sum of the Cost of the Work plus the DESIGN/BUILDER'S Fee will not exceed $ (the "GMP") subject to increases or decreases for changes in the Work. Any unused contingency shall be shared as provided in Paragraph 7.02. 7.02 In the event that the Cost of the Work plus the DESIGN/BUILDER'S Fee shall be less than the GMP, as adjusted by Change Orders, the resulting Savings shall be shared by the OWNER and the DESIGN/BUILDER as follows: A. OWNER shall be entitled to Seventy-five percent (75%) of the Savings; B. DESIGN/BUILDER shall be entitled to Twenty-five percent (25%) of the Savings, at the time of Final Payment. Article 8. CHANGES IN THE WORK 8.01 The amount of any increases or decreases in the DESIGN/BUILDER'S Fee or in any Guaranteed Maximum Price or Fee which results from a Change Order shall be set forth in the applicable Change Order subject to the following: A. Any increase or decrease in the DESIGN/BUILDER's Fee resulting from net additions or decreases in the Cost of the Work shall be determined in accordance with paragraph 11.0LC of the General Conditions. 19 B. In the case of net additions or deletions in the Work, the amount of any increase or decrease in the Guaranteed Maximum Price shall be determined in accordance with paragraph 10.01 of the General Conditions. Article 9. PAYMENT PROCEDURES 9.01 DESIGN/BUILDER shall submit and OWNER will process Applications for Payment in accordance with Article 13 of the General Conditions. Applications for Payment will indicate the amount of the DESIGN/BUILDER'S Fee then payable. A. Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of DESIGN/BUILDER's Applications for Payment, on or about the 15th day of each month during performance of the Work as provided in paragraphs 9.01.A.I and A.2 below. All such payments will be subject to the limitations of any Guaranteed Maximum Price or DESIGN/BUILDER'S Fee and will be measured by the acceptable Schedule of Values established in paragraph 2.06 of the General Conditions (and in the case of Unit Price Work based on the number of units completed). For Cost of Work: Progress payments on account of the Cost of the Work will be made as follows: a. Prior to Substantial Completion, in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as OWNER may withhold in accordance with paragraph 13.03.13 of the General Conditions. (1) 90 percent of Cost of the Work completed (with the balance being retainage). If the Work has been 50% completed as determined by OWNER, and if the character and progress of the Work have been satisfactory to OWNER, OWNER may determine that as long as the character and progress of the Work remain satisfactory, 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. (2) 90 percent of (with the balance being retainage) of the cost of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 13.02.A of the General Conditions). b. Upon Substantial Completion, in an amount sufficient to increase total payments to DESIGN/BUILDER to 95 percent of the Contract Price (with the balance being retainage), less such amounts as OWNER shall determine that OWNER may withhold, in accordance with paragraph 13.03.13 of the General Conditions. 20 •. . 1 III N Article 13. MISCELLANEOUS 13.01 The Standard General Conditions of the Contract Between Owner and Design/Builder are referred to herein as the General Conditions. 13.02. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated therein. 13.03 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 without limitation, 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 the assignor from any duty or responsibility under the Contract Documents. 13.04 OWNER and DESIGNBUILDER 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, agreements and obligations contained in the Contract Documents. 13.05. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and DESIGN/BUILDER, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 13.06 The Contract Documents shall constitute public records under the Colorado Public Records Act, and shall be available for public review upon request, except for the Audited Financial Statement of DESIGNBUILDER included in DESIGNBUILDER'S Proposal. IN WITNESS WHEREOF, OWNER and DESIGNBUILDER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and DESIGNBUILDER. All portions of the Contract Documents have been signed, initiated or identified by OWNER and DESIGNBUILDER This Agreement will be effective on L , 200 . 7 2. For DESIGN/BUILDER's Fee: Progress payments on account of the DESIGN/BUILDER's Fee will be made as follows: a. Payments prior to Substantial Completion will be in an amount equal to 90 percent of such Fee earned to the date of the approved Application for Payment (less in each case payments previously made on account of such fee) based on the progress of the Work measured by the Schedule of Values established as provided in paragraph 2.06.A of the General Conditions (and in the case of Unit Price Work on the number of units completed) and upon Substantial Completion in an amount sufficient to increase total payments to DESIGN/BUILDER on account of that fee to 95 percent of the DESIGN/BUILDER'S Fee. B. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 13.08 of the General Conditions and statutorily required procedures as set forth in Section 16.05.A of the General Conditions, OWNER shall pay remainder of the Contract Price. Article 10. DESIGN/BUILDER'S REPRESENTATIONS 10.01. DESIGN/BUILDER makes the following representations: A. DESIGN/BUILDER has examined and carefully studied the Contract Documents (including the Addenda) listed in paragraphs 12.01.A through J but excluding the documents described in paragraph 12.01.K and the other related data identified in the Request for Proposals. B. DESIGN/BUILDER has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work. C. DESIGN/BUILDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. D. DESIGN/BUILDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site which have been made available by OWNER. E. DESIGN/BUILDER is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. F. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. G. DESIGN/BUILDER has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies that DESIGN/BUILDER has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, and the 21 i. . 11... 11 Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 11. ACCOUNTING RECORDS 11.0 DESIGN/BUILDER shall keep such full and detailed accounts as may be necessary for proper financial management under the Contract Documents with respect to all materials, equipment and labor entering into the Work. The accounting methods shall be satisfactory to OWNER. OWNER shall be afforded reasonable access to all of DESIGN/BUILDER'S records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to the Cost of Work and DESIGN/BUILDER'S Fee. DESIGN/BUILDER shall preserve all such documents for a period of three years after final payment by OWNER. Article 12. CONTRACT DOCUMENTS 12.01 The Contract Documents which comprise the entire agreement between OWNER and DESIGN/BUILDER concerning the Work consist of the following: A. This Agreement (pages 1 to , inclusive). B. Exhibits to this Agreement (pages to , inclusive). C. OWNER's Request for Proposal No. P-, along with Conceptual Documents identified therein. D. DESIGN/BUILDER'S Proposal in Response to OWNER'S Request for Proposal No. P- E. Notices to Proceed. F. Performance, payment, and other Bonds, identified as Section 00600 and consisting of _pages. G. Standard General Conditions of the Contract Between Owner and Design/Builder (pages one to thirty-four, inclusive). H. Supplementary Conditions (pages to inclusive). I. Addenda numbers, through inclusive. J. Other Documentation submitted by DESIGN/BUILDER prior to Notice of Award (pages to inclusive). K. The following, which may be delivered, prepared or issued after the Effective Date of this Agreement and are not attached hereto: 22 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04.A of the General Conditions. 2. Specifications as defined in Paragraph 1.0l.A.40 of the General Conditions. 3. Drawings as defined in Paragraph 1.0I.A. 18 of the General Conditions. 12.02 The documents listed in paragraph 12.01 above are attached to this Agreement (except as otherwise expressly noted). 12.03 There are no Contract Documents other than those listed above in this Article 12. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04.A of the General Conditions. 12.04 In the case of any irreconcilable ambiguity, inconsistency or conflict between DESIGN/BUILDER'S Proposal (Section 12.01.1)) and the Request for Proposal (Section 12.01.C), the terms of the Proposal shall be controlling. In the case of any irreconcilable ambiguity, inconsistency or conflict among the Contract Documents listed in Section 12.01, the documents listed in Section 12.01K shall govern, and in the case of any irreconcilable ambiguity, inconsistency or conflict among the documents listed in Section 12.0l.K, the documents listed in Sections 12.0LK.1, Section 12.0LK.2, and Section 12.0LK.3 shall take precedence, in the order herein listed. Article 13. MISCELLANEOUS 13.01 The Standard General Conditions of the Contract Between Owner and Design/Builder are referred to herein as the General Conditions. 13.02. Terms used in this Agreement which are defined in Article I of the General Conditions will have the meanings indicated therein. 13.03 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 without limitation, 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 the assignor from any duty or responsibility under the Contract Documents. 13.04 OWNER and DESIGN/BUILDER 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, agreements and obligations contained in the Contract Documents. 13.05. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and DESIGN/BUILDER, who agree that the Contract 23 Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 13.06 The Contract Documents shall constitute public records under the Colorado Public Records Act, and shall be available for public review upon request, except for the Audited Financial Statement of DESIGN/BUILDER included in DESIGN/BUILDER'S Proposal. IN WITNESS WHEREOF, OWNER and DESIGN/BUILDER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and DESIGN/BUILDER. All portions of the Contract Documents have been signed, initiated or identified by OWNER and DESIGN/BUILDER. This Agreement will be effective on , 200 . OWNER: CITY OF FORT COLLINS By: Darin Atteberry City Manager DESIGN/BUILDER: By: By:_ James B. O'Neill II, CPPO, FNIGP Name: Director of Purchasing and Risk Management Title: Date: ATTEST: City Clerk Address for giving notices: PO Box 580 Fort Collins. CO 80522 APPROVED AS TO FORM Assistant City Attorney Designated Representative: Name Title: Address: Phone: Facsimile 2 Date: [CORPORATE SEAL] ATTEST: Address for giving notices: License No. (If DESIGN/BUILDER is a corporation, attach evidence of authority to sign.) Designated Representative: Name: Title: Address: Phone: Facsimile: 00410 Proposal Bond 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 3 M ♦ . 116 1 1. SECTION 00410 PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Proposal and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, NOW THEREFORE, (a) If said Proposal shall be rejected, or (b) If said Proposal shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Proposal) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Proposal, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Proposal; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20_, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Address: By: Title: ATTEST: By: (SEAL) 7/96 Section 00410 Page 2 SURETY By: Title: (SEAL) SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER" in the penal sum of the United States, for made, we bind ourselves, firmly by these presents. in lawful money of the payment of which sum well and truly to be successors and assigns, jointly and severally, THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 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. 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 four (4) counterparts, each one of which shall be deemed an original, this day of , 20 . IN PRESENCE OF: Principal (Title) (Address) (Corporate Seal) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety By: By: (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2