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130163 EMPIRE CARPENTRY - CONTRACT - BID - 5942 LEE MARTINEZ FARM ADDITION (3)
SPECIFICATIONS _►- CONTRACT DOCUMENTS FOR Lee Martinez Farm Addition BID NO. 5942 City of Fort PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS November 1, 2005 - 3:00 P.M. (OUR CLOCK) SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. . 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 12/03 Section 00100 Page 1 paragraphs 1 L9.1 through 11.9.3, inclusive), CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and 11.3?. where the Work involved is not covered by CONTRACTOR and shall deliver such bids to unit prices contained in the Contract Documents, b} a OWNS—R who will then determine, with the advice of mutually agreed payment basis. including lump sum ENGI\TEER. which bids, if nay, will be accepted. If (which may, include an allowance for owrhwul and any subcontract provides that the Subcontractor is to profit not necessarily in accordance with be paid on the basis of Cost of the Work plus a fee, Imragmph 11.6.2); the Subcontractor's Coo of the Work and fee shall be determined in the same mariner as CONfRACTOR's 11.3.3. where the Work involved isnot covered by unit Cost of the Work and fee as provided in prices contained in the Contract Document,, and paragraphs 1 1 A 11.5, 116 and 11.7. All agreement to a lump sum is not reached under subcontracts shall be subject to the other provisions of N igraph 11.3.2, on the basis of die Cost of the. Work the Contract Documents insofar as applicable. (tktemlined as provided in paragraphs 11.4 and 11.5) plus a CONTONcroR's ree for overhead and profit 11 44. Costs of special consultants (including but (determined as provided in paragraph 11,6). not limited to engnr eery, architects testa¢ laboratories, swvcyurs. uttonievs and accountants) Cost of the Work, employed for services specifically related to the Work. 11.4, The term Lost of the Work means the suns of all costs necessarily incurred and paid by CONTRACTOR in 11.4.5. Supplemental costs including the following; the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such casts stall higher in 11.4.5,1. The proportim of necessary transportation, travel and subsistence expenses of be in amounts no than those prevailing the locality of the T'roject, shall include only the following OONTRACTOR's employees incurred in items and shall not include any of the costs iiemired in discharge of duties connected with the Work. paragraph 11.5 11.4.5.2. cost, including transportation and 11,4.1.PaYrcrll costs for employees in the direct maintenance, of all materials, supplies, employ of CONTRACTOR in the performance of the equipment, machinery, appliances, office and Work under schedules of job classifications agreed temporary facilities at the site and land tools not upon by OWNER and CONTRACTOR. Such owned by the workers, which are consumed in the employees shalt include without limitation performance of the Work, acid cost less market superintendents, foremen and other personnel value of such items used but not consumed which employed full-time at the site. Payroll costs for remain the property of CONITRACTOR. employees not employed full-time or% the Work shall be apportioned on the basis of their time spent on the 11 A5.3 Reneds of all construction Work. payroll costs shall ioefudd >xtt-not be limited to; equipment and machinery and die parts thereof salaries and wages plus the cost of fringe benefits whether rented from CONTRACTOR Or others in which shall include serial security contributions, accordance with rental agreements approved by unemployment, excise and payroll taxes, workers' OWNER with the advice of ENGINEER. and the compensation, health ant4etirement benefits; bormes; costs of tramponation, loadirig, unloading, sicff%-e; waFien-and liAay-pay applicable thereto. installation dismantling and removal thereof —all The expenses of performing Work after regular in accordance with terms of said rental working lamrs. on Saturday. Sunday or legal holidays, agreements, The rental of any such equipment, shall be included in the above to the extent: authorized machinery or parts shall cease when the use by OWNER thereof is no longer necessary for the Work. 11.4.2, Cost of all materials and equipment furnished 11.4.5.4. Sales, consumer, use or similar taxes and incorporated in the Work. including costs of related to the Work, and for which transportation and storage thereof, and Suppliers' Geld CONTRACTOR is liable, imposed by Laws and services reyw ed mi connection therewith. All cash Regulations. discounts shall accrue to CONTRACTOR unless OWNER deposits finds with CONTRACTOR with 11.4.5.5. Deposits lost for causes other than which to make payments; in which case the cash negligence of CONTRACTOR, any discounts shall accrue to OWNER. All trade Subcontractor or anyone directly or indirectly discounts, rebates and refunds and returns From sale of employed by any of them or for whose acts any surplus materials and equipment shall accrue to of them may be'liable, and royalty payments and OWNER, aril CONTRACTOR shall make provisions fees for permits and licenses. so that they may be obtained 11.4.5.6. Lasses aril damages (and related 11.4.3. Payments made by CONTRACTOR to the expenses) caused by damage to the Work, not Subcontractors for Work performed or furnished by compensated by insurance or otherwise, sustained Subcontractors. if required by OWNER. by CONTRACTOR in connection with the FXDC GENERAL CONDITWNS 191"099c slum) 24 col CITY OF FOIir COLLINS MOQIFICAttoNS 1,14-EV4,n( n,) .% performance and furnishing of the Work (except Icnxs and damages within the deductible amounts of property insurance esiablished bi. OW\f:R in acccrehance with paragraph 5 9), provided thev have resulted from causes other thin the negligence of CONTRACTOR, snv sa,contractor. or unvcme directly or indirec0' employed be any of then or for whose acts anv of them may .K. liable. Such losses shall include settlements mode with the written consent and approval of OWNER - No such hxl_kfs, damages and expenses shill be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee, if however, any such loss or damage requires reconstruction and CON"IRAC OR is placed in charge therm[ CONTRACTOR shall be paid fern services a ter proportionate to that stated in paragraph 11 62 11.4_�_7_ The cost of utilities_ Feet and samtary facilities at the site. 11.4.5.S. Minor expenses such as telegrams, long distance telephone call,, telephone service at the site, expressage and similar perry cash items in connection with the Work 11.4.5.9. Cost ol'premiums for additional N)nds and insurance required because of changes at the AA'crk. 11 5_ The term Cost of the Work shall not include any of the following: 11.5.1 Payroll costs and other compensation of CO\TRACTOR's officers. executives, principals (of partnership and sole proprietorships), general managers, engineers, architects. estimators. attorneys, auditors, accountants, purchasing and contracting agents, expediters, timckeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classificRtions referred to in paragraph 11A.1 or specifically covered by paragraph I 1 A.4—all of which are to be ocinsidered administrative costs covered by the CONTRACrOR's fee. 11.52. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR'.s ofticc at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR RACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and fix at] insurance whether or not CONTRACTOR is required by the Contract Docutuents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.59 ab i,c). VCDCUENEM C OND111 ON I911)$11'79a Wtiaj) ,V O IY OI FORT (Y?LLIt+iS \IOUIFI CATILI�S rRli\• {^_OaGt 11.51 Costs due to the negligence of CONTRACTOR. tiny Subcontractor, or anyone directly or indirectly employed by ain of them or for whose ads any of them may be liable, including but not limited to, the correction of tkfacfive Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6,. Other overhead or general expense costs of any kind and the costs of tiny- item not specifically and expressly included in paragraph 11 A. 11.6, "fhe CONTRACTOR's fee allowed to CONTRACTOR for ovenccad and profit shall be deternir d as follows: 11.6.1. a mutually ucceptable fixed fee; or 11.6.2. if a fixed feeis not agreed upon, then a fee based on the Mimllowing percentages of the various portions of the Cost of the Work: 11.6.2.L For costs incurred under paragraphs 114.1 and 11A2, the CONT12A(_-1.OR's fee shall be fifteen percent; 11.62_1 for costs incurred under paragraph 11.4.3, the CONTRACTOR', fee shall be live percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus it fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11 A.2, 11.4.3 and 11.6.2 is that the SubcontracaDr whir actually Performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphhs 11.4.1 and 1141. 2 and that any higher tier Subcontractor and CONTRACTOR «ill each be paid a fee- of-ftvo ptrb a of llta amcttrh paid tea the tnexi lower tier-i ubcontmctor to )e negotitdO i>l g.OQLj-fa 11a w iIh_(ht Q4P1 J&>3_1L!?1 !l4> x4 fYsed five fxrunt of thr,amounttmaicl to the next lower 11.6.2.4. no fee shall bepayable on the basis of costs itzm:iDed under paragraphs 11.4.4, 11.4.5 and 11.5; 11.62.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be thhe amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount. equal to live percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one charge, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2-5, inclusive 11.T Whenever the cast of any Work is to be 25 determine') pursuant eta ixtnagraphs 11.4 and 11.5. CONfRp%c,roR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in Beat acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: I L& It is understood that CONTRACTOR has included in the Contract price all allowances so named at the Conlntct Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to 0%iiNtER and H'NCiINEF R. CON 'I'R:AC1'0R agrees that: 11XI, the allowances include the cast to C ONTRACrok (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes, and 11.52. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract price and not in the alknvances and no demand for additional Ix iyment on aceount of any of the foregoing will be valid - Prior to final payment, an appropriate Change Order will be issuer') as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of ')Fork covered by allowances, and the Contract Price shall be corregxmdingly adjusted. 11.9. Unit Price Work 11.9.1. Whcre the Contract Documents provide that al l or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not gparantoW and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Detenninatilms of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.1 U. 11.9.2. Each unit price will lit; deemed to include an amount ctattideredby CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identitierl item. 11.9.3.OWNER o CONTRACTOR may make it claim for an adjustment in the Contact Price in accordance with Article 11 if: 11.9.3.1. the qunntity of any item of Unit Price Work �ertormed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; i:rCDCGENMIU,CONVA11otrt 191" ttaao Edam) 26 w1CITY OF PORT COLLI"MODIFICATIONS(RIi,V 4.200a1 and 11.9.3.2. there is no corresponding adjustment with respect to am other item of Work. and 119,3.3 if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNL;h is entitled Ica decrease in Contract price and the parties are unable to agree as to the amount of any such increase ur decrease. 1.1.9.3.4._ CC,tYFRACTOR acknow ekes that the OWN HK has the right to add or delete items in the Bid or .hangc_quamiues at OWNI R_S sole discretion without afkcttna the Contract Price of anv_remaini item so.las tM deletion or a lditiom does not exceed twenty-five kerMat of tht rrinal taal,Cgntract Price, ARTICLE 12--CHAINGE OF CONT RACT TIN1FS I- j1 't be Contract 'rimes (or Milestones) may only be changed by n Change Order or a Written Amendment. Any claim for ,in adjustment of the Contract Tunes (or \4ilestortes) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving, rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sigh, days after such occurrence funiess bNUINF,ER allows additional time to ascertain more accurate data in support of the claim') and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 it' OWNS-R and CONTRACTOR cannot otherwise agree. No claim for on adjustment in the Contract Times (Cr Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any par[ of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1, Delays beyond the control of CONTRACTOR shall include, but not be limiter] to, acts or neglect by OWNER., acts or neglect of utility owners or other contractor performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be elecriwd to he delays within the control of( ONTRACTOR. 12 4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to belay beyond the control of both OWNER and CONTRACTOR. an extension of the Contract Times (Lit Milestones) in an amount equal to the time lost due to such delay shall be CONTRICTOR's sole and exclusive remedy for such delay. In no event shall I AV vTR Ix liable to CONTRACTOR, nny Subcontractor, any Supplier, any other person or organization or to any Surety for or employee or agent of am• of them, for damages arising out of or resulting from (I) delays caused by or within the control of the CONTRACTOR, or (it.) delays beyond the control of both parties including, but not limited to, tires, floods epidemics. abnormal weather conditions acts of Clod or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TEST'S AND INSPECTIONS; CORREC'T1ON, REMOVAL OR AC'CEM-ANCE OF DEPE TIYT-' WORK 13,1, Natiee ofElefects, .prompt notice of all defective Work of which OWNER or H-NGINHI R have actual knowledge will he given to CONTRACTOR. All deficrive Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 131 OANNMR, ENGTNZER, I•NGINEEWs Consultants, other representatives and personnel of OWNER, Independent testing laboratories and governmental agencies withjurisdictional interests will have access to the Work at reasonable --times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable Testsandlnspectionx 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests_ 13.4. OWNSER 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: 13A.l. for inspections, tests or approvals covered by paragraph 13.5 below; 13.42. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 139 E3CDCOENEaAL CONDHIONS 1910-8 (1994 Edhon) uv C11Y Or FORT COLLINSMODIFICAlTONS iKEV 4COOrn below shall be paid as provided in said paragraph 1 3.9, and 13.43 as otherwise specifically provided in the Contract Documents, 13.5. If Laws or Regulations of any public bode fuming jurisdiction iequine any Work (or part thereof) slxcitie:dhY to be inspected tested or approved by an employee or other representative of such public body, CON"I'RAC'I'OR shall amumc full respontiibility for arranging and obtaining such inspections. le::t& or approvals. I:uy all cost% in connection therewith and famish HNGINE'ER the required certificates of inspection. or appruval. CONTRACTOR shall also be responsible for arranging and obtaining and shall iay all costs in connection with arty inspection& tests or approvals required for OWNER's and kNGINEER'.s acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs. or equipment submitted for aM. ovaI prior to CONTR^NCTOR's purchase thereof for incorporation in the Work_ 13_6. if any Work (or the work of others) that is to he inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEl-N it must, if requested by ENGiNHHR, he unawered for observation. 11T uncovering Work as provided in paragraph 13.0 shall be at CONTRACTOR's expense unless CON''TRACIOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompuhem in response to such notice, Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by LNGINIiER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9 If ENGTNEER considers it necessary or advisthble that covered Work be observed by ENG1NTFR or inspected or tested by others, CONTRACTOR at ENGINEER's request, shag uncover, expose or otherwise make available for observation, inspection or testing as LNGINM, may require, that portion of the Work in question, furnishing all necessary labor, material mid equipment. If it is found that such Work is defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by-, arising out of or resulting from such uncovering, expm-ure, observation, inspection anti testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof may make a claim therefor as provided in Article 11. It however, such Work is not found to be dzfecriva, CONTRAC:fOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such '7 uncovering, exposure, observation, inspection testing. replacement and rcconstna:lion, anti, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefia as provided in :Articles i I and 1=. OifNER May Stop the Work: 13,10, if the Work is defective, or CONTRACTOR fails to supply suilicient skilled workers or suitable materials or equipment, or fails to furnish or perform the. Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work. or any portion thereof. until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the pan of OWNER to exercise this right fur the benefit of CONTRACTOR or any snuety or other pant. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, c:ONTR.ACI'OR shall promptly, as directed, either correct all defective Work, whether or not fabricated, 'installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CON7'1LA(-1'OR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. (,correction Period' 13.12.1.If within one-year two_3carss after the date of Substantial Completion or such lingo period of time as may be prescribed by Laws or Regulations or by die terms of arryy applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is bound to be ckfeetive, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNLRs written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisGiacrily corrector remove and replace any damage to other Work or the wok of others resulting therefrom. I€ CONTRACTOR does not promptly comply with tine terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the dfective Work corrected or the rejected Work removed and replaced, and all claims, costs, pulses and damages caused by or resulting From such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12.2, In special circumstances where a particulur item of equipment its placed in continuous service before Substantial Completion of all the Work; the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment 1112.3. Where defecrhe Work (and damage to other EXI)C. GENERAL COND1110ts'S 1910E (1990S(fitim) 28 w1 t71Y OF FORT COLLINS MODIEICA11ONS(REy4.2e0tl0) Work resulting therefrom) has been coneeted, removed or rq)laced under this parauaph 13 12, the correction period hereunder with respect to such Work will be extended for an additional period of tna-year two_};e_{rs after such correction or removal and replacement has heen sni isfnctorily completed. Aceeplenee of Defective Work: 13.13. Li, instead of regale ng correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEEWs recommendation of final payment, also ENGINEER) prefers to accept it, M),'NVR may do so. COiTRACTOR shall puy all claims. costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by LNULNEER us to reasonableness). If any such acceptance occurs prior to ENGhNEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will I- paid by CONTRACTOR to OWNER. OWNER ilfap Correct Defective R-ork: 1.3,14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct deffechve Work or to remove and replace rejected Work as required by ENGINEER in accordance witji paragraph 13.11, or of CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNL^R may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies tinder this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR:s services related thereto, take possession of CONTAACTORs toots, appliances; construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEERS Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, casts, losses and damages incurred or sustained by OWNER in exercising such rights suit] remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled town 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 us provided in Article 1 I. Such claims, casts, lasses and dra imges will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correctiom removal or replacement of COivTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the ex,�rci se I y OW^NM of OWNI F. ', rights and remedies hereunder. -VMCl.E 14--i'AY.N] .NfS •TO Coti'i•IzacToa AND COMPLETION .Schedule of Valuer 14.1, The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will he incorporated into a form of Application for Payment acceptable to FVGINEER. Progress payments on account of flnit Price Work will be based on the number of units completed .I pplicatiou for Progress Payment: 14,2 At lcasa twenty days before the date established f'or each progress payment Qout not move often than once a month). CONTRACTOR shaft submit to ISIGTNEEP for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of pmteriak and equipment not incorporated in die 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 warnmting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to PrMw OWNER'S interest therein, all of which will be stistactory to 0XV-.Nr:R... The amount of rewinage with reSt7ect to progress payments wiA be as stipulated in the Agreement Any funds that are withheld be the QV �ttbstUWNER 11 not be sub act totta ion b doe ANTRACTOR with securities or any _gcrangements ilv_irag an estsaw.w custodaanshp lay, egecuttrtg tbe,_appltcatiort,,for payment form the CONTRACTOR e.+cnr Wv waavrs has neht to the benefits of Cglorado Revauxl.,_5tatuter ection 24 )],-1U1., of set. COArTR4CTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application 12r Payment, whether mcorpormed in the Project or not, will pass to OWNER no latex than the time of payment Gee and clear of all Liens. Review of.Applicadom for Progress Payment: 14A. ENGINEER will, withua ten days after receipt of each Application for Payment, either indicate in writing n F,JCUC: C7EN77i:iL COND177Catvs L'l1 e-S (119t7 E(Gliar7 wr(l IY OF FOILTCOLLIt9S hI0Ult+ICAllOivS (REV 4MOUM recommendation of palmtent and present the Application to O1V'NER, or return the Application to CONTRACTOR indicating in writing ENGINEERs reasons for refusing to recommend payment. In the hatter case, CONTRACTOR MY make the necessary corrections and resubmit the Application. 'fen dnys ntier presentation of the Application for Payment to OW`-KER with EN'GINEER's recommendation, the annxmt recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when clue will be paid by OWNIEK to CONTRACTOR. 145, 1 NGINHER's recommendation of anv paymtem requested in an Application for Payment will �xlmtitule a representation by ENGINEER to OWNER_ based on ENUINEER's on -site observations of the executed Work as an experienced and qualified design prufessional and on ENGIRT El`2's review of the Application for Payment and the accompanying- data and schedules, that to the best of HNOINERR's knowledge, information and M- icf: 14.5.1. the Work has progressed to the point indicatcA 14.5?r the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any sut"- ent tests called for in the Contract Documents, to a final determination of quanuti+s and classifications for Unit Price Work under paragraph 9. ] (, and to any other qualifications stated in the recommertchitiot), and 14.53. the conditions precedent to CONTRACTOWs being entitled to such payment appear to have been fu161W insofar as it is ENGINEER's responsibility to observe the Work. However, by recontmen(iing any such Payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may rat be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGTNTERs recommendation of any payment, including final payment, shalt not mean that ENGINEER is responsible for CO.NTRACTOWs means, methods, techniques, sequences or procedures of construction. or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7_ ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in Paragraph 14 5. ENGL\rk ER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent uvspectiens or tests, nullify any such payment previously recommended, to such extent as may Ix thecessary in ENIGI\F.FR's opinion to protect OWrNEk tram loss because: 14.7.1. the Rork is thfective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.73 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. ENGINEER has actual knowledge of the occurrence of anv of the events enumerated in paragraphs 15.2.1 thrcatgh 15..2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have hen made against OWNER on account of CONTR.ACf OR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amolmtrecommended, or 14.7.8. OWNER has actual knowledge of the occurrence of an, of the events entmnerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15 2.1 through 15.2A inclusive-, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR cxsreets to OWNER's satisfaction the reasons for such action Substantial Completion: 14.8. When. CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a catilicate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. if ENGINEER dots not consider the 'Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EXI)C-GENUU1, CON IONS'19105 Q99e Editiunl 30 col QlY OF POR,r CY)Lt,i m MODIFICATIONS (REV 4/31/001 considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days aRer receipt of IN. tentative certificate during which to make written objection to ENGINEER as N any provisions of the certificate or attached list. If, after c0115RICT11tg such objections. ENGINEER concludes that the Rork is not substantially complete. ENG1NEiiR will within fourteen days alter submission of the tentative ceniticrae to OWNER notiR- CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OW'NER's objections, ENGINEER considers the Work substantially complete, FNGINEER will within said fourteen days execute and deliver to OWNER and CONT.RACPOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections lion OWNER. At the time of delivery of tlhe tentative certificau; of Substantial Completion ENGiNHER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insuranee and warranties and guarantees. Unless OWNER mid CONTRACTOR agree otherwise in writing, and so inform FTIGINI:P.R in writing prior to BNGIN; p*R's issuing the definitive certificate of Substantial Completion, ENGINEER's atiuesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 14.9_ {OWNER Shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Ufifrrtttiun: 14.10. Use by OWNER at OWTIER's option of any substantially completed part of the Work, which: (1) his specifically been identified in the Contract or (it) OWNER. ENGINEER and CONTRACTOR agree ocuastitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Wok subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWf4M to use any such part of the Work which OWNER believes to be ready fur its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantis Hy complete and request ENGINEER to issue a certificate of Substantial Completion for that pan of the Work. CONTRACTOR at may time mev notify OWNER and ENG [NEER in writing that CON -TRACTOR considers any such prat of the Work ready for its intended use and substantially complete ant] request ENGINEER to issue a certificate of Substantial Completion for that part of the Work Within a reasonable time after either such request. OWNER CONTRACTOR and NNOLNEEI2 shall make an inspection of that part of the Work to determine its status of completion If 1NGINEER does not consider that part of the Work to be. substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor if ENGTNEFR considers that part of the Work to be substantially complete, the provisions of fenigraphs 14.3 and 14 ) will apply with respect to certification of Substantial Completion of that part of the Work and (he division of responsibility in respect thereof and access thereto. 14.107 No occupancy or separate operation of part of the Work will be ac-t:oniplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. I'bud M.9mction: 14_ 11. Upon written notice from CONTRACTOR that the entire Work or ,in agreed portion thereof is complete, ENGrNTER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or ikfecnre. CONTRACCOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application forPavmenr: 1412. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered at accordance with the Contract Documents all maintenance and operating instnictions, schedules, guarantees, Bundy, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragmph G.19) mad other documems. CONTRACTOR may make application for finial payment following the procedure for progress payments, The final Applicatiout for payment shall be accompanied (except as previously delivered) by: (i)all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (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. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases ui fill and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER'S property in ight in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails �1CUr.- t;ECtE1tAL CbNUl91 Otv5141a-8 i1990 Edaiau w,titvOrrOttTC'OLLIns;ytcwirtCsrtOns«tryt,zotan to furnish such a release or receipt in hill, CONTRAt:TCiR mar furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. _Releases or waivers of liens and the. consent of the surety te_fnnthLr_pttVcLrji rq lobe syibiniued_ n forms conforming to the format of the O Nl R'S standard o — 'd .. fwms bouncl,in the- Projectmcwud. Final Prpvnent wed Acceptance: 14.13. if, on the basis of E.NGINFER's observation of the Work during construction and final inspection. and ENGINEER's review of the final Application for Pnymment and accomlyanying documentation as required by de Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfillxl, NGINEER will, within tan days after receipt of the final Application for Nymment, in icate in writing ENGINEM's recommendation of payment and present the Application to OWNER for payment. At the same time ENGfNEFR will also give written notice to OWNER and C'ONTRACrOR that the Work is acceptable subject to the provisions of paragraph 14 15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons ror refusing to recommend final payment, in which case CONTRACTOR shall make the necesory corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying dccumenuition, in appropriate foram and substance and with ENGINEER'S recommendation and notice of acceptability, the amount recommended by 1•'vGNEER will become due and will he paid by OWNER to mwItACTOR subject to narasraph 17A2 of then: General Conditions. 14.14. I, through no fault of CONTRACTOR final completion of the Work is sigm icantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepter, 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 Ponds have been furnished as required in paragraph 5. t, the written consent of the surety to the payment of the balance due for that portion of the Work frilly conmpletod and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conclitions governing final payment, except that it shall not constitute a waiver of claims. A,Mver of Minis: 14.15. The making; and acceptance of fatal payment will constitute: 14 15.1. a waiver of all claims by OWNER against CONTRACTOR except claims arising from unsettled Liens, from tkfeetAe Work appearing after 31 tirml insi.vot nn pursuant to p.'amgraph 14.11, from GlihJe to comply with the Contract Documents or the terms of any special guarantees specified therein. or front CONTRACTOR's continuing obligations under the Contract Documents. and 14.15.22A waiver of all claims by CONTRACTOR against Olt^:NIER other than those previously made in writinu and still unsettled. ARTICLE: IS.-SUSPF_NSIO\ OF WORK AND TERMINATION 01V;N'1 R May Suspend lVork: 15.1. At any time and without cause. OItNLR may suspend the Work or an), portion thereof for a period of not more than ninety clays by nutioe in writing to CONTRACTOR and 6NGINEHR which will fix the date on which Work will be reswned. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in die Contract prig: or an extension of the Contract Times, or both, directly attributable to arr such suspension if' C:ONTRAcroR makes an approved claim therefo as provided in Articles I I and 12, OWNER 4fap T ermfnate: 152. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR pzrststently fails k) 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 paragraph29 as adjusted from time to time pursuant to paragraph 6.6); 1>22. if CONTRACTOR disregards laws or Regulations of any public body laving jutisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 152.4. if CONTRACTOR otherwise violates in anv substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the -site and use the same to the full extent thev could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid E3CDC GLNER,kL C©NDI'flUi'619103 (19'" Editim) 32 cot CITY OF FORT CQLLlNSMC>i?IF1C;171ONS (RI;V-1,9.IXH1) CONTRACTOR but which are stored elsewhere, and finish the Work as OM NTR may deem expedient. In such case CONTRACTOR shall not be entitled to receive anv further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNFiR arising out of or resulting from completing the Wok such excess will be paid to CONTRATOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims. costs. losses and damages incurred by OWNER wit be rev iew^ed by ENGINEER as to their reasonableness and when so approved by ENGiNEER incorporated in n Change Order, provided that when cxerdsing any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Wok performed. 15.3. Where CONfRAC"POWs services have been so terminated by OWNER the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing o which may thereafter accrue. Any retention or payment of moneys due CONTRAC'.TOR by OWNER will to release CONTRACTOR from liability. 15.4. Upon seven days written notice to CON•1RAC.fOR and ENGINEEF, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums kit overhead and profit on such Work; 15A.2. for expenses sustained prior to the effective .late of termination in parformfng services and furnishing labor, materials or equipment as required by flit Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and }nofa on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of tamutated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable t.Vase s direody attributable to termination CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other ctxanomic loss arising out of or resulting from such termination - CONTRA C TOR May Map Wm* orTemunare. 15.5. if through no act or fault of CONTRACT OR, the Wok is suspended for a period of more than ninety days by OWNER or tender an order of court or outer public authority, or ENGINEER fails to act on any Application for Payment within thirty days alter it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally deiermined to be due, then CONTRACTOR may, upon seven day:ti written notice to ()1i'NER and ENG[NEER.and provided OWNER or I NGINFER do ncu remedy such suspension or failtue within lhsA time, terminate the agreement and recover from OWNER payment on the snme terms as provided in lxrrrtgraph I5.4 In lieu of terminating the Agreement and wtthoul prejudice to any other %relit or iemecly, if -NIG MER has failed to act um an Application for Payment within thirtydays after it is submitted. or OWNER has Guled for thirty day-; to pay CO1,irRACTC)R any sum finally determined 1n be due,, CONTRAC'T( ')R may upon seven days written notice to OWNER and MNGil F,'ER stop the Work, until payment of all such amounts due CONTRACTOR. including' interest thereon. The provisions of this paragraph 15.t are riot intendcd to preclude CONTRACTOR from making claim under Articles I and 12 fur an increase in Contract Price or Contract 'Times or otherwise for cxpenses or damage directly attributable to CONTRaCTORs stopping Work as pemtitterl by this paragraph ARTICLF 16—DISPUTE RF1;01,u'IoN If and to the extent that OWNER and C'ONTRAC"I OR have agreed on the method arid procedure for resolving disputes between them that may arise under this .Vr cement, such dispute resolution method and procedure, of any, shall be as set forth in Ilxhihit GCN "Dispute Resolution Agreavent", to he attached hereto and made a part hereof. If no such agreement on the method and procedure or resolving such disputes has been reached, and subject to dhe provisions or Izrragraphs9.10, 9,11 and 9.12. OWNPR and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Ddicuntcnts or by Laws or Regulations in respect of any dispute. ,ARTICLE 17—hiISCELLAN,EOLS Giving Notice: 17.1. Whenever may provision of the Contract Documents requires the giving of written notice, it will be deemed to have lieen 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 untended, or if delivered at or sent by registered or cerfified mail, postage prepaid, to the last business address known to the giver of tau notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday ..Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EAMCUENOUL CONDF110M 191" (1990 Satim) w! Q1Y OF FORT C'0L1dl5 MODIFICATIONS WItV 92aW l 17 _ 1 A calendar day of twcnty-ibur hours measured from midnight to the nest midnight Will Constitute a day N'ariee of Claim: 17.3 Should Otk'NER or CQNTIL4('TOR sutler injury or damaize to person or properly because of any error, omission or act of the other party or of any of the ether pwurly's employees or agents or other.: for whose acts the other party is legal!% Gable, claun will be mace in ttriting to the other party within a reas. innhle time of the first observance of such injury or damage The provisions of this paragraph 173 shn11 not be, construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulnrire Renter8es: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the p rtim hereto, aril, at particular but without limitation, the werninties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.1'_, 6 16, 6.30, 6.31, 6.3'_, l .l, 13 1 13.14, 14.3and 15.2 and all of the rights and remedies available to OWNT'R kind ENGINEER thereundet, are in addition o, and arc not to Ix construed in anv wav as a limitation Of, any^ rights and remedies available to tiny or all of them which are otherwise inifosed or available by Laws cx Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will he as ctlective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professirmal Fees and Court Costs lnefuricd: 17.5- Whenever reference is made io "claims, costs, losses and damages", it shall include in each case, but not be limited to, all tees and charges of engineers, architects attorneys and other professionals and all court or arbitmbon or other dispute resolution costs. Ilk. Pig law_i9fAhJp_;upply_taw.tlts .'lgmdmnenl,�Rtlerzrtct to_lyto pzrEir�t)t, Col(raJp_sl�ntutes are as fulloyws; 1DE 2._ IJ,a_ claim is fileiI. OGVN; R is r uired law fCRS 38-^6107ht_qwithhol fixvm all wvinentS to CONTRACTOR sufficient funds to insure the paaypicrtt of all claims for labor materials. team hire sustenance. provisions, provender. or other suDDlim used or consumed by CON'IRACI'OR or his 33 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that 12/03 Section 00100 Page 2 EJCDCOENERAL CONDIIRM 1910 4 (1990 Edi[im) 34 w/CITY OF FORT COLLINS NIVINFICAT1ONS(PEN--0.2000) (This page lcft blank- intentionally.) rXDC GENERAL CONU177ON819I0-3 41990 6(filial) 3 i iW (77Y OF FORT CKILLI NS MODIFICATIONS CKEY 4X2(f00) EXHIBIT GGA to General Conditions of the Construction Contract Bchveen OWNER and CONTRACTOR DISPUTE: RESOLIMON AGRELMENT OW:N'M and CONTRACTOR TOR hereby amer that Article 16 of the General Conditions of the Construction Contract between ()iV'Nl-,k and COV'I'RACTOR is amended to include the following, aaeement of the parties. 16.1. All claims, disputes and other matters in question between OIVNER and CONTRACTOR arising out of or rclatin4 to the Contract Documents or the breach thereof (except for claims which have been waived by the mailing or acceptan", or final payymnent as provided by paragraph 14.151 will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16, '['his agreement so to arbitrate and any other agreennent or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will he specifically enforceable under die prevailing law of any court having jurisdiction. 162. No demand for arbitration of ally claim, dispute or other matter that is required to be referred to ENGINEER initially for recision in accordance with paragraph 9.11 will be made until doe earlier of (a) the date on which 1~NGINF.ER has rendered a written decision or (b) the thirty -fist day after die parties have presented their evidence to ITTG.EN"EER if a written decision has not been rendered by fiNGINEb71 before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the ,ante on which F,NG11aTFR has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGI1N'EER's decision being final and binding upon ONVNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is accepknbte to dle Exirties coticernrd No demand for arbitration of any written decision or PhGR4LER rendered in accodane with paragraph 9,10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.1tt. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association anti a copy will be sent to ENGINEER for infomation The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16' as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would he laarrcd by the applicable statute of luirwi ions. EXT)C OLNERAL CONU111ONS 1'I14S WY90 E(hum) W CITY OF FUR"r CO1.LIt:S \16DIF1[',v77DNS IRF.V WS19) 164 Except as provided at patagraph 16_5 below, no erbitr lion arising out of or relating to the Contract Dtx:wncmi shall include by cortsoliLl ation. joinder or in any other manner any other person or entity (including i-NUMEFR. 7 NGINT.ER's Consultant and the Q111cers, directors, neents, employees or cnnsulutnts of any of them) who is not a party to this contract unless: I+.i.4.1. the inlusion of such otter person or cntily is necessary if complete relief is to tx afforded among those who are already parties to the arbitration, and 16.42. such other par_snn or entity is substantially in%Qh•ed in a question of law or tact which is common to those who are already parties to the arbitration and which will arise in such proccedins, and 16.4.3, the written eerie nt of the other person or entity' sought to be utclucied and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but tin such consent shrill constitute consent to arbitration of any dispute trot specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5 Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OV,,"NER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the erbitmtion between OWNFR and CONTRACTOR hereunder, CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this pragraph 16_5 nor in the provision of such subcontract consenting to joinder shall taeale any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGLN'EER or ENGINIER's Consultants that does not otherwise exist. 16f6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any avert having jurisdiction thereoC and it will not be subject to modification or appall. I&T 0A7NE-R and CONTRACTOR agree that they shall fast submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association trader the Construction Industry klediaticn Rules of the American .Arbitration Association prior to either of them initiating against the other a demand for arbitrduon pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 163 above shaA be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. 'rho mediator of any dispute submitted to mediation under this Agrccnient shall not serve us arbitrator of such &i, Ie unless otherwise agreed. GC -Al SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the•site of the Work: CTL/THOMPSON INCORPORATED SOILS AND FOUNDATIONINVESTIGATION ADDITION TO THE ADMINISTRATION BUILDING THE FARM AT LEE MARTINEZ PARK FORT COLLINS, COLORADO Project No. FC03527-125 June 30, 2005 Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 7/96 Section 00800 Page 1 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-8.10 OWNER's Project Manager A. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests fov clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The — Project Manager shall have the authority set forth in the OWNER's Capital Project Procedures Manual. The Project Manager shall have the authority to reject work and materials whenever _ such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work — is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection _ with the Work, or for any failure of the Contractor to comply with laws and regulation applicable to the performance or furnishing of the Work. Visits and observations made by the — Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Resident Construction Inspectors) (RCI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any RCI assignments. The RCI shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The RCI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The RCI's dealings in matters pertaining to the on -site work will be to keep the Project Manager properly apprised about such matters. -8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule 0 days lost due to abnormal weather conditions. Must be documented and approved by City's Project Representative. SC-13.12 Correction Period: 13.12.1If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, an Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions . . . SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change -in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL o OF THIS CHANGE ORDER TOTAL C.O.o OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing 9/99 Section 00950 Page 1 Section 00960 APPLICATION FOR PAYMENT PROJECT: PAY ESTIMATE NO: DATE: CONTRACTOR: ADDRESS: CONTRACT FOR: PARTIAL TO The undersigned Contractor certifies that to the best of his knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received, in this current payment shown herein is now due. CONTRACTOR: By: FINAL In accordance with the Contract Documents, based on site observations and the data comprising the above application, the Architects Certifies to the Owner that the Work has progressed to the point indicated; that the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. ENGINEER: Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT AMOUNT APPROVED CHANGE ORDERS TO DATE ADJUSTED CONTRACT AMOUNT TOTAL WORK COMPLETED AND MATERIALS USED RETAINAGE (10% OF TOTAL) TOTAL EARNED LESS RETAINAGE LIQUIDATED DAMAGES WITHHELD TOTAL EARNED LESS LIQUIDATED DAMAGES LESS PREVIOUS PAYMENTS CURRENT PAYMENT DUE APPROVED BY: (Title) cc: Accounting City Clerk Contractor Engineer Project File 9/997/96 Section 00960 Page 1 the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division: 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be 12/03 Section 00100 Page 3 WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THF. WORK CHANGE DIRECTIVE FORM Engineer initiates the fomi, including a description. of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated time is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times, Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph 10.03.A.2 of the General Conditions requites that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by*this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFWT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDEUD PROMPTLY. Section 00970 Page 1 "" DATE OF ISSUANCE OWNER CONTRACTOR Contract: Project: OWNEWs Contract No. WORK CHANGE DIRECTIVE No. EFFECTIVE DATE ENGINEER's Project No. You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) 17OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: Unit Prices Lump Sum Cost of the Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract $ Times: If the change involves an increase, the estimated Substantial Completion: days; amount is not to be exceeded without further Ready for final payment: days. authorization. RECOMMENDED: AUTHORIZED: ENGINEER OWNER: By:.. By: FXDC No. 19104-F (1996Edition) Pop" 0Y the FagimW idiot Cw"d nomanenta Cm,,iitae =d endorsed by rice AssoeWtd Genad Contract= 0(Amedn wd the-.CnnW*tipn SpgcifiWiwu 4ulaae. Section 00970 Page 2 � ` / o C sfnxfion V Technobgy REQUEST FOR INTERPRETATION Projeee R.F.1. Number: From: To: Date: A/E Project Number: Re: Contract For: Specification Section: Paragraph: Drawing Reference: Detail: Request Signed by: Date: Response: ❑ Attachments Response From: To: Date Rec'd: Date RetOd: Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ []File Copyright 1994, Construction Specifications Institute, Page of July 1994 99 Canal Ceuta Phaa, Suite 300 Alexandria, VA 22314 CS] Fonn 13.2A Section 00970 Page 3 lovof Ot CAnatNe f Techmtotry Project: To: Clarification Notice Number: From: Date: CLARIFICATION NOTICE A/E Project Number: Re: ContraciFor: This Clarification Notice is issued for the purpose of clarifying the Contract Documents based on an interpretation reasonably inferable from the Contract Documents, and therefore has no effect on the Contract Sum or Contract Time. Proceeding with Work in accordance with this Clarification Notice indicates acceptance with no change in the Contraci Sum or Contract Time. Specification Section: Paragraph: Drawing Reference: Detail: Description: ❑ Attachments - Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Specifications Institute, Page of July 1994 99 Canal Center Plan, Suite 300 Alexandria, VA CSI Form 13.3A 22314 Section 00970 Page 4 am ` er / ofc omnedon or C 'V• / Technology Project: Field Order Number: From: To: Date. A!E Project Number: Re: Contract For: FIELD ORDER I You are hereby directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the Work without change in Contract Sum or Contract Time. If you consider that a change i0 Contract Sum or Contract Time is required, submit a Change Order Request to the A/E immediately and prior to proceeding with this Work. Specification Section: Paragraph: Drawing Reference: Detait: Description of Interpretation or Change: ❑ Attachments Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ _ ❑ ❑ ❑ File Copyright 1994, Construction Specification Institute, Page of July 1994 99 Canal Center Plena, Suite 300 Alexandria, VA 223 t4 CSI Foma 13AA Section 00970 Page 5 SECTION 01010 SUMMARY OF WORK PART1 GENERAL 1.01 PROJECT SITE A. Location: The Farm at Lee Martinez Park is located at 600 N. Sherwood Street, Fort Collins, Colorado. B. Related requirements or conditions specified elsewhere: 1. Section 01020, Allowances. 2. Section 01022, Unit Prices. 3. Section 01030, Alternates. 4. Section 01046, Access to Site. 1.02 DESCRIPTION OF THE WORK A. General: The work consists of the construction of a 694 square foot addition to the Farm Administrative Building including, but not limited to,, building envelop from foundation through finishes, related site work, utilities, landscaping, as described in the contract documents. B. Unless otherwise provided, Contractor shall provide, at his expense, all materials, labor, equipment, tools, transportation and utilities, including cost of connection necessary for successful completion of the project. C. It is the intent of the Owner not to disturb the normal functions of the complex, its residents and their visitors, employees, vendors, suppliers, contractors or related outside businesses during the work of this project. D. The Contractor shall be responsible for seeing that all contractors, subcontractors, suppliers and workmen associated with the project conduct themselves in a professional and businesslike manner while on the site. 1. Alcoholic beverages and smoking will not be permitted on the site, anywhere within the Owner's facilities or on the Owner's property. 2. All workers shall refrain from the use of profane or abusive language and other forms of harassment on the site. 3. Other specific conditions of this Section shall be as arranged at the Pre -Construction Conference. 4. Refer to Section 01046 for specific rights of the Owner's principal representative. 1.03 CONTRACTOR QUALIFICATIONS A. Contractor Qualifications: General Contractor shall have completed at least three (3) projects of similar size and scope within the past two (2) years. 1. Contractor shall hold a Class C-1 Contractor's License with the City of Fort Collins. B. Superintendent Qualifications: Refer to Section 01041. 1.04 FORM OF BID AND/OR CONSTRUCTION CONTRACT A. The work of this Project shall be bid and construction contracts awarded on the following basis, unless otherwise modified in the General or Supplementary Conditions of the Contract: 1. Lump sum basis, including approved Alternates. 1.05 WORK BY OTHERS (if necessary) 01010 - 1 0237.07 A. The Owner shall furnish and install all offsite improvements, including street improvements, utility extensions and stormwater systems by separate contract. END OF SECTION y 01010 - 2 0237.07 SECTION 01025 MEASUREMENT AND PAYMENT PART1 GENERAL 1.01 WORK INCLUDED A. This Section covers methods of measurements and payment for items of Work covered in the Bid Form/Bid Schedule. 1. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. B. Bid Price. 1. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. 2. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools, performing all labor and supervision to fully complete the Work, associated General Conditions and Division 1 expenses associated with the Work, and the costs of Contractor overhead, profit and bonding applicable to the particular Bid Item. C. Related work specified elsewhere: 1. Bid Form/Bid Schedule. END OF SECTION 0237.05 01025-1 SECTION 01026 APPLICATIONS FOR PAYMENT PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit Applications for Payment to Owner in accordance with the schedule established by the General and Supplementary Conditions of the Contract and Owner -Contractor Agreement. B. Related requirements specified elsewhere: 1. Owner -Contractor Agreement: a. Lump sum and unit prices. b. Progress payments, retainages and final payment. C. Allowable progress payments for Contractor overhead, profit and Division I expenses. 2. Bid Form. 3. General and Supplementary Conditions: . a. Retainages. b. Liquidated damages, if applicable. C. Partial release of lien affidavits. 4. Section 01370, Schedule of Values. 5. Section 01700, Contract Closeout. 6. Section 01730, Operating and Maintenance Data. 1.02 FORMAT AND DATA REQUIRED A. Submit itemized Applications typed on standard City of Fort Collins forms, unless otherwise approved. B. Provide itemized data on continuation sheet. Format, schedule, line items and values shall be those of the Schedule of Values accepted by Architect. C. Applications for payment shall include only that material, labor and/or stored material in place as of the date of Application. 1.03 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: 1. Form shall be completed and notarized by a Notary Public, state of Colorado. 2. Fill in required information, including that for Change Orders executed prior to date of submittal of Application. Incomplete Application forms shall be returned to the Contractor and not processed. 3. Fill in summary of dollar values to agree with respective totals indicated on continua- tion sheets. 4. Certification shall be executed with signature of a responsible officer of contract firm. B. Continuation Sheets: 1. Fill in total list of all schedule component items of work with item number and scheduled dollar value for each item. 2. Fill in dollar value in each column for each scheduled line item when work has been performed or products stored, as of date of Application. 3. List each Change Order executed prior to date of Application at the end of the continuation sheets. a. List by Change Order number and description, as for an original component item of work. 01026 - 1 0237.07 C. Retainage: The Owner shall withhold retainage from each progress payment, as stipulated in the General and Supplementary Conditions. Contractor shall reflect the amount retained on each Application for Payment. D. Partial Release of Liens Affidavit: Contractor shall submit a Partial Release of Liens Affidavit with each Application for Payment certifying payment to Subcontractors, material suppliers or other entities having provided labor, materials and equipment related to the Work covered by the previous Application for Payment, as specified in the General and Supplementary Conditions. ^' E. Prior to acceptance of Application for Payment, Contractor shall show that project record drawings are current and up to date per Section 01720, as requested by the Architect or Owner. F. Prior to acceptance of Final Application for Payment, Contractor shall submit complete operating and maintenance manuals for review and acceptance by the Architect and Owner. " Refer to paragraph 1.06 below. 1.04 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS 11 A. When the Owner requires substantiating data, Contractor shall submit suitable information with a cover letter identifying: —. 1. Project name, Application number and date. 2. Detailed list of enclosures. 3. Stored materials may be submitted for payment, provided they are stored on site, in the Subcontractor's insured facility, or in a bonded warehouse facility as of the date of Application. a. Submit item number and identification as shown on Application, description of specific material. b. Submit certificate of insurance indicating coverage of stored materials, if requested by the Owner. B. Submit one (1) copy of data for each copy of Application. 1.05 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Fill in Application form as specified for progress payments. B. Use continuation sheet for presenting the final statement of accounting as specified in Section 01700, Contract Close -Out. 1.06 SUBMITTAL PROCEDURE A. Submit Applications for Payment to Architect within the time limitations and deadlines stipulated in the Agreement. B. Number: Four (4) copies of each Application, or as established at the Pre -Construction Conference. C. When Architect finds Application properly completed and correct, he will transmit Certificate for Payment to Owner within seven (7) calendar days. D. Final Certificate for Payment shall be processed only after operating and maintenance manuals have been received, reviewed and accepted by the Architect and Owner. END OF SECTION 01026 - 2 0237.07 substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which 12/03 Section 00100 Page 4 SECTION 01027 CHANGE ORDER PROCEDURES PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall prepare and promptly implement Change Order procedures: 1. Provide full written data required to evaluate proposed changes in the Contract Sum or extensions of the Contract Time. 2. Maintain detailed records of work done on a time-and-material/force-account basis. 3. Maintain detailed records of weather -related delays to substantiate claims for additional time. B. Designate in writing the member of Contractor's organization who is authorized to accept changes in the work. C. Related requirements specified elsewhere: 1. Owner -Contractor Agreement and Conditions of the Contract: a. Methods of determining cost or credit to Owner resulting from changes in the work made on a time -and -material basis. b. Contractor's claims for additional costs. C. Allowable limits for Contractor's overhead and profit. d. Established unit prices. 2. Section 01026, Applications for Payment. 3. Section 01046, Access to Site: Designation of Owner's Principal Representative, authorized to execute change orders. 4. Section 01310, Construction Schedules. 5. Section 01370, Schedule of Values. 6. Section 01600, Material and Equipment: Substitutions. 7. Section 01720, Project Record Documents. 1.02 DEFINITIONS A. Change Order: See General Conditions. Use City of Fort Collins standard Change Order form included in the project manual, Section 00950. B. Field Order, CSI Form 13AA: A written order, instructions or interpretations signed by Architect, and/or, Owner's Representative making minor changes in the work not involving a change in Contract Sum or Contract Time. C. Proposal Request, AIA Document G709: A written request by the Owner or Architect describing proposed changes in the work and requesting change order pricing from the Contractor, but not authorizing the work to be completed until approved in writing by the Owner. D. Work Change Directive, standard City of Fort Collins form: A written order to the Contractor signed by Owner and Architect which amends the Contract Documents as described and authorizes Contractor to proceed with a change which affects the Contract Sum or the Contract Time, for inclusion in a subsequent Change Order. 01027 - 1 0237.07 1.03 PRELIMINARY PROCEDURES �. A. Owner or Architect may initiate changes by submitting a Proposal Request to Contractor. Request will include: 1. Detailed description of the change, products and location of the change in the project. 2. Supplementary or revised Drawings and Specifications. 3. The projected time span for making the change and a specific statement as to whether overtime work is or is not authorized. 4. A specific period of time during which the requested price will be considered valid. 5. Such request is for information only and is not an instruction to execute the changes or to stop work in progress. B. Contractor may initiate changes by submitting a written notice to Architect containing: 1. Description of the proposed changes. -- 2. Statement of the reason for making the changes. 3. Statement of the affect on the Contract Sum and the Contract Time. 4. Statement of the affect on the work of separate contractors. 5. Documentation supporting any change in Contract Sum or Contract Time as appropriate. C. Changes in the work affecting construction cost and/or contract time shall not be started without a fully executed Change Order or other written authorization (such as a Work Change Directive) from the Owner and Architect, in accordance with the General and Supplementary Conditions. 1.04 CONSTRUCTION CHANGE AUTHORIZATION A. In lieu of a Proposal Request, Architect or Owner may issue a Construction Change Authorization or a Work Change Directive for Contractor to proceed with a change for subsequent inclusion in a Change Order. B. Authorization will describe changes in the work, both additions and deletions, with ^+ attachments of revised Contract Documents to define details of the change and will designate the method of determining any change in the Contract Sum and any change in Contract Time. C. Owner and/or. Architect will sign and date the Construction Change Authorization or Work Change Directive as authorization for the Contractor to proceed with the changes. D. Contractor will sign and date the Construction Change Authorization to indicate agreement with the terms therein. 1.05 DOCUMENTATION OF PROPOSALS AND CLAIMS A. Support each quotation for a lump sum proposal and for each unit price which has not previously been established with sufficient substantiating data to allow Architect and Owner to evaluate the quotation. 1. Labor and equipment required. 2. Materials required: a. Recommended source of purchase and unit cost. -• b. Quantities required. 3. Taxes, insurance and bonds. 4. Credit for work deleted from Contract similarly documented. 5. Overhead and profit. Refer to Supplemental Conditions of the Contract for established limits, if applicable. 6. Justification for any change in Contract Time. B. Support each claim for additional costs and for work done on a time-and-material/force- account basis, with documentation as required for a lump sum proposal plus additional 01027 - 2 0237.07 information: 1. Name of the Owner's authorized agent who ordered the work and date of the order. 2. Dates and times work was performed and by whom. 3. Time record, summary of hours worked and hourly rates paid. 4. Receipts and invoices for: a. Equipment used, listing dates and times of use. b. Products used, listing quantities. C. Subcontracts. C. Document requests for substitutions for products as specified in Section 01600. D. Support each claim for additional time due to weather -related delays with the following daily information: 1. Statement of the reason for requesting an extension to the Contract Time due to the weather, including the materials or trades affected and the adverse effects of the weather upon these items. 2. Weather conditions at the site of the project for each day requested. 3. Temperature in Fahrenheit at the site for each day requested. 4. Any additional information requested by the Owner. 1.06 PREPARATION OF CHANGE ORDERS A. Contractor shall prepare each Change Order, unless Owner or Architect is authorized to prepare Change Orders at the Pre -Construction Conference. B. Form: Change Order; Owner provided form. C. Change Order will describe changes in the work, both additions and deletions, with attachments of revised Contract Documents to define details of the change. D. Change Order will provide an accounting of the adjustment in the Contract Sum and the Contract Time. 1.07 LUMP SUM/FIXED PRICE CHANGE ORDER A. Content of Change Orders will be based on either: 1. Architect's Proposal Request and Contractor's response as mutually agreed between Owner and Contractor; or 2. Contractor's proposal for a change as recommended by Architect. B. Owner and Architect will sign and date the Change Order as authorization for the Contractor to proceed with the changes. C. Contractor will sign and date the Change Order to indicate agreement with the terms therein. 1.08 UNIT PRICE CHANGE ORDER A. Content of Change Orders will be based on either: 1. Architect's definition of the scope of the required changes. 2. Contractor's proposal for a change as recommended by Architect. 3. Survey of completed work. B. The amounts of the unit prices to be either: 1. Those stated in the Agreement. 2. Those mutually agreed upon between Owner and Contractor. C. When quantities of each of the items affected by the Change Order can be determined prior to start of the work: 1. Owner and Architect will sign and date the Change Order as authorization for Contractor to proceed with the changes. 2. Contractor will sign and date the Change Order to indicate agreement with the terms therein. 01027 - 3 0237.07 D. When quantities of the items cannot be determined prior to start of the work: -- 1. Architect or Owner will issue a Construction Change Authorization or Work Change Directive directing Contractor to proceed with the change on the basis of unit prices and will cite the applicable unit prices. _ 2. At completion of the change, Architect will determine the cost of such work based on the unit prices and quantities used. a. Contractor shall submit documentation to establish the number of units of each item and any claims for a change in Contract Time. 3. Architect will sign and date the Change Order to establish the change in Contract Sum and in Contract Time. 4. Owner and Contractor will sign and date the Change Order to indicate their agreement with the terms therein. 1.09 TIME AND MATERIAL/FORCE ACCOUNT CHANGE ORDER/CONSTRUCTION CHANGE " AUTHORIZATION A. Architect and Owner will issue a Construction Change Authorization or Work Change -- Directive directing Contractor to proceed with the changes. B. At completion of the change, Contractor shall submit itemized accounting and supporting .data as provided in paragraph 1.05, Documentation of Proposals and Claims. C. Architect will determine the allowable cost of such work as provided in General Conditions and Supplementary Conditions. D. Architect and Owner will sign and date the Change Order to establish the change in Contract Sum and in Contract Time. E. Contractor will sign and date the Change Order to indicate their agreement therein. F. Owner must approve in writing and on a daily basis all time and material Change Orders. 1.10 CONTRACTOR OVERHEAD AND PROFIT A. General: Allowable limits to the Contractor's and Subcontractors' mark-ups on Change Orders shall be as established in the Supplementary Conditions of the Contract. 1.11 CORRELATION WITH CONTRACTOR'S SUBMITTALS A. Periodically revise Schedule of Values and Application for Payment forms to record each change as a separate item of work and to record the adjusted Contract Sum. B. Periodically revise the Construction Schedule to reflect each change in Contract Time. 1. Revise subschedules to show changes for other items of work affected by the changes. C. Upon completion of work under a Change Order, enter pertinent changes in Record Documents. END OF SECTION 01027 - 4 0237.07 SECTION 01040 COORDINATION PART1 GENERAL 1.01 COORDINATION REQUIREMENTS A. Contractor shall be responsible for the overall coordination of all civil, landscape and urban design, architectural, structural, mechanical and electrical components and systems that are a part of this project. 1. Coordinate components and systems prior to purchasing or fabricating. 2. Coordinate materials, equipment and fixtures supplied by various trades for compatibility with the final installation. B. Coordinate all work included in the Construction Documents, including but not limited to the following construction trades: 1. Demolition. 2. Earthwork, excavation and grading. 3. Onsite utilities, including utilities designed by other jurisdictions. 4. Cast -in -place concrete. 5. Structural steel and metalwork. 6. Carpentry and cabinetwork. 7. Building and roof insulation. 8. Roofing and flashings. 9. Doors, windows and glazing systems. 10. Painting and finishing. 11. Flooring and hard surfaces. 12. Specialties. 13. Equipment. 14. Mechanical and plumbing systems. 15. Electrical systems. C. Coordinate scheduling, submittals and work of the Drawings and various Sections of Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. D. Coordinate and verify that utility requirement characteristics of operating equipment are compatible with the building utilities. Interruption of utility services shall be scheduled with and subject to the approval of the Owner seven (7) business days prior to the interruption. E. Coordinate utility locates and utility designs with the City of Fort Collins and other jurisdictions having authority over the project. Refer to Section 01060. F. Related requirements specified elsewhere: 1. General and Supplementary Conditions: Contractor's Responsibilities. 2. Section 01010, Summary of Work. 3. Section 01050, Field Engineering. 4. Section 01060, Regulatory Requirements. 5. Section 01600, Materials and Equipment: Substitutions. 6. Section 06100, Rough Carpentry: General project coordination. 01040 - 1 0237.07 1.02 RELATED WORK BY OTHERS A. Coordinate as required with the Owner for related work, as shown on the Drawings or specified herein, to be performed by the Owner's own forces or by separate contract from this project. Refer to Section 01010. 1.03 COORDINATION OF SCHEDULES A. Coordinate schedule of construction activity with the Owner's continued use of the facility and site. Refer to Section 01046, Access to Site. B. Coordinate schedule of construction activity with the Owner and other Contractors as necessary to facilitate the related work by others described above. 1.04 COORDINATION MEETINGS A. In addition to progress meetings specified in Section 01200, Contractor shall hold coordination meetings and pre -installation conferences with personnel and Subcontractors -� to assure coordination of work. 1.05 COORDINATION OF SUBMITTALS A. General: Schedule and coordinate all submittals specified in Section 01340 or other Sections. B. Coordinate work of various Sections having interdependent responsibilities for installing, connecting to and placing in service such equipment. C. Coordinate requests for substitutions to assure compatibility of space, operating elements and the effect on work of other Sections. 1.06 COORDINATION OF SPACE A. Coordinate use of project space and sequence of installation of mechanical and electrical -work which is indicated diagrammatically on the Drawings. Follow routing shown for pipes, ducts and conduits as closely as practicable, with due allowance for available physical space; make runs parallel with lines of building. Utilize space efficiently to maximize accessibility for other installations, for maintenance and for repairs. B. In finished areas, except as otherwise shown, conceal pipes, ducts and wiring in the construction. Coordinate locations of fixtures and outlets with finish elements. 1.07 COORDINATION OF CONTRACT CLOSE-OUT A. Coordinate completion and cleanup of work of separate Sections in preparation for .w Substantial Completion. B. Assemble and coordinate close-out submittals specified in Section 01700. C. After Owner's occupancy of premises, coordinate access to the site by various Sections for correction of defective work and work not in accordance with Contract Documents to minimize the disruption of Owner's activities. END OF SECTION -- 01040 - 2 0237.07 SECTION 01045 CUTTING AND PATCHING PART1 GENERAL 1.01 WORK INCLUDED A. Requirements and limitations for cutting and patching of the work. Cutting and patching shall be as required to provide a complete and finished project. B. Related work specified elsewhere: 1. Section 01600, Materials and Equipment: Substitutions. 2. Section 02070, Selective Demolition. 1.02 SUBMITTALS A. Submit written request in advance of cutting or alteration which affects: 1. Structural -integrity of any element of the project. 2. Building, fire, life safety or handicapped accessibility compliance of the project. 3. Integrity of weather -exposed or moisture -resistant elements. 4. Efficiency, maintenance or safety of any operational element. 5. Visual or aesthetic qualities of sight -exposed elements. B. Include in request: 1. Location and description of affected work. 2. Necessity for cutting or alteration. 3. Description of proposed work and products to be used. 4. Alternatives to cutting and patching. 5. Effect on work of Owner or separate Contractor, if any. 6. Date and time work will be executed. PART 2 PRODUCTS 2.01 MATERIALS A. Materials used in cutting and patching shall be those required for, or to match, original construction. B. For any change in materials, submit request for substitution in accordance with Section 01600. PART 3 EXECUTION 3.01 CUTTING AND PATCHING A. Execute cutting, fitting and patching as required for a complete and finished project. 1. Contractor shall be responsible for cutting and patching as required for the comple- tion of the work. No cutting shall be done without approval of the Architect or Owner as to location, method and extent of cutting. 0237.05 01045-1 2. Fit work tight to adjacent elements. Maintain integrity of wall, roof, ceiling or floor -- constructions and finishes. Refinish surfaces to match adjacent finishes. 3. Minimize extent of necessary cutting and patching. Thoroughly explore alternatives to cutting and patching. 4. Remove and replace defective and non -conforming work. 5. Provide openings in elements of the work for mechanical and electrical penetrations, work of other trades or Subcontractors. _ B. Cutting, patching and fitting shall be performed by personnel or subcontractors skilled in the particular trades or Sections of the work involved. C. Perform cutting by methods which will prevent damage to other portions of the work and provide proper surfaces to receive installation of repair and new work. D. Perform fitting and adjusting of products to provide finished installation complying with the specified tolerances and finishes. END OF SECTION 0237.05 01045-2 SECTION 01070 ABBREVIATIONS PART 1 GENERAL 1.01 DEFINITIONS A. Wherever used in these Specifications, the following abbreviations shall have the meanings indicated: AAMA American Architectural Manufacturers Association AASHTO American Association of State Highway & Transportation Officials ADA Americans with Disabilities Act AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ANSI American National Standards Institute ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWS American Welding Society AWWAAmerican Water Works Association CDOT Colorado Department of Transportation CISPI Cast Iron Soil Pipe Institute CRSI Concrete Reinforcing Steel Institute CS Commercial Standard EEI Edison Electric Institute FS Federal Specifications IBBM Iron Body, Bronze Mounted IBC International Building Code IEEE Institute of Electrical and Electronics Engineers IRC International Residential Building Code ISA Institute Society of America IGCC Insulating Glass Certification Council LEED Leadership in Energy and Environmental Design MBMA Metal Building Manufacturer's Association MCC Motor Control Center MCIP Motor Control Instrument Panel MSL Mean Sea Level MSS Manufacturer's Standardization Society of the Valves and Fittings NBS National Bureau of Standards NEC National Electric Code NEMA National Electrical Manufacturers Association NFRC National Fenestration Rating Council NFoPA National Forest Products Association NPT National Pipe Thread NRS Non -Rising Stem NWMANational Woodwork Manufacturer's Association PIMA Polyisocyanurate Insulation Manufacturer's Association RPM Revolutions per minute SDI Steel Deck Institute SJI Steel Joist Institute 01070 - 1 0237.07 SMACNA Sheet Metal and Air Conditioning Contractors National Association, Inc. SPRI Single -Ply Roofing Institute TCA Tile Council of America UBC Uniform Building Code UCBC Uniform Code for Building Conservation UFC Uniform Fire Code UL Underwriter's Laboratories UMC Uniform Mechanical Code UPC Uniform Plumbing Code END OF SECTION 01070 - 2 0237.07 may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of SUMS. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 12/03 Section 00100 Page 5 SECTION 01200 PROJECT MEETINGS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Owner shall schedule and administer Pre -Bid and Pre -Construction Conferences. B. Contractor shall schedule and administer periodic progress meetings and specially called meetings throughout progress of the work. 1. Prepare agenda for meetings and conduct meetings. 2. Record the minutes, including significant proceedings and decisions. 3. Reproduce and distribute copies of minutes within five (5) days after each meeting to all participants in the meeting and parties affected by decisions made at the meeting. 4. Prepare and regularly update an "open items list" to document and track required decisions and pending changes. C. Representatives of contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. D. Owner's representative will attend meetings to ascertain that work is expedited consistent with Contract Documents and construction schedules. 1.02 PRE -CONSTRUCTION MEETING A. Owner shall schedule and administer the Pre -Construction Conference within five (5) working days after the date of Notice to Proceed. B. Location: A central site, convenient for all parties, designated by the Owner. C. Attendance: 1. Owner's principal representative. 2. Contractor's project manager and superintendent. 3. Major subcontractors. D. Agenda: 1. Distribution and discussion of: a. List of major subcontractors. b. Project construction schedules. C. Schedule of Values. d. Contractor's staging plan. 2. Critical work sequencing. 3. Major equipment deliveries and priorities. 4. Project coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Proposal requests. C. Submittals, shop drawings and samples. d. Change Orders. e. Applications for Payment. f. Certified payroll reports for Davis -Bacon wage reporting, if applicable. 6. Adequacy of distribution of Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Field office, work and storage areas. 01200 - 1 0237.07 b. Owner's use of site and grounds. ._ 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Safety and first -aid procedures. 12. Security procedures and temporary site or building fencing and enclosures. 13. Housekeeping procedures. 14. Pending changes and substitutions by Change Order. 15. Installation of project sign. 1.03 PROGRESS MEETINGS A. Contractor shall schedule and administer regular weekly meetings as determined at the Pre -Construction Conference and specially called meetings as required by progress of the work. B. Location of the Meetings: As designated. by Contractor and coordinated with the Owner's principal representative. C. Attendance: 1. Contractor's project manager and on -site superintendent. 2. Owner's principal representative. 3. Architect and his professional consultants, as needed. 4. Subcontractors as appropriate to the agenda. 5. Others as appropriate. D. Suggested Agenda: 1. Review of work progress since previous meeting. 2. Field observations, problems and conflicts. 3. Review of off -site fabrication and delivery schedules. 4. Revisions to the construction schedule. 5. Progress and schedule during succeeding work period. 6. Review submittal schedules and expedite as required. 7. Maintenance of quality standards. 8. Pending changes and substitutions, with review of the proposed changes for: a. Effect on construction schedule and completion date. b. Effect on other contracts of the project. 9. Review of Contractor's application for progress/final payment. 10. Walk-through inspection of the work in progress by the Owner's representative, Architect and his consultants, as necessary, and General Contractor. Subcontractors will only be involved in these walk-throughs as requested by the Owner or Architect. END OF SECTION 01200 - 2 0237.07 SECTION 01310 CONSTRUCTION SCHEDULES PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall prepare and submit to the Owner/Architect estimated construction progress schedules for the work with subschedules of related activities which are essential to its progress. B. Submit revised progress schedules periodically, as determined in the Pre -construction Conference. C. Related requirements specified elsewhere: 1. General and Supplementary Conditions, and Conditions of the Contract: Liquidated Damages. 2. Section 01040, Coordination. 3. Section 01200, Project Meetings. 4. Section 01340, Shop Drawings, Product Data and Samples. 5. Section 01700, Contract Close -Out. 1.02 FORM OF SCHEDULES A. Type: Schedules will be computer generated, using software specifically designed for this intent, and shall be capable of automatically adjusting critical path entries. B. Prepare schedules in a continuous flow, both daily and weekly formats. 1. Provide separate horizontal bar for each trade, supplier or subcontractor. 2. Horizontal Time Scale: Identify the first workday of each week. 3. Scale and Spacing: As required to allow space for notations and future revisions. 4. Minimum Size: 8-1/2" x 11". C. Format of Listing: Table of Contents of this project manual. D. Format of Scheduling: Chronological order of the start of each item of work. E. Identification of Listings: By major specification section numbers as a minimum. 1. Listings shall be complete enough to include each item of work that is sizable enough to affect either the start of, or completion of, other areas of the work. 1.03 CONTENT OF SCHEDULES A. Construction Progress Schedule: 1. Show the complete sequence of construction by activity. 2. Show the dates for the beginning and completion of each major element of construction, based upon the Schedule of Values. 3. Substantial completion, punch list completion, final completion and contract close- out shall be included. B. Final Completion Schedule: Contractor shall update the latest progress schedule through contract close-out. C. Nothing in these requirements shall be deemed to be a usurpation of the Contractor's authority and responsibility to plan and schedule the work as he sees fit, subject to all other requirements of the Contract Documents. 1.04 SUBMISSIONS A. Submit initial schedule within fifteen (15) days after Award of Contract. 01310 - 1 0237.07 1. Owner/Architect will review schedules and return review copy within ten (10) days ... after receipt, if modifications are required. 2. If required, resubmit within seven (7) days after return of review copy. B. Submit revised progress schedules with each Application for Payment indicating actual work progress in comparison to scheduled progress. Schedules will be reviewed at normally scheduled meetings, as set forth in Section 01200. C. Submit final schedule with contract close-out documentation. 1.05 DISTRIBUTION OF SCHEDULES A. Distribute copies of the reviewed schedules to: "- 1. Job site file. 2. Owner's representative. 3. Architect. -- 4. Other concerned parties. B. Instruct recipients to report promptly to the Contractor in writing any problems anticipated by the projections shown in the schedules. END OF SECTION 01310 - 2 0237.07 SECTION 01340 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Coordinate and submit shop drawings, product data and samples required by the Contract Documents. B. Related requirements specified elsewhere: 1. Conditions of the Contract: Definitions and additional responsibilities of parties. 2. Section 01040, Coordination. 3. Section 01200, Project Meetings. 4. Section 01310, Construction Schedules. 5. Section 01720, Project Record Documents. 6. Division 15, Mechanical, and Division 16, Electrical. 1.02 SHOP DRAWINGS A. Drawings shall be presented in a clear and thorough manner, with sufficient detail and completeness to clearly illustrate all conditions of the specific installation. 1. Details shall be identified by reference to sheet and detail, schedule or room numbers shown on Contract Drawings. 2. Shop drawings shall be returned unreviewed if, in the opinion of the Owner or owner's consultants, the drawings lack sufficient completeness or clarity to allow their review. B. Sheet size for all shop drawings shall be 8-1/2" x 11", 11" x 17" or 24" x 36". C. Quantity and Format: Unless otherwise directed by the Owner, provide the following: 1. Shop Drawings: One (1) reproducible and three (3) prints or copies. D. Cover Sheet: Each copy shall contain the Shop Drawing Identification Form, located at the end of this Section. 1.03 PRODUCT DATA A. Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. 4. Show wiring or piping diagrams and controls. B. Manufacturer's standard schematic drawings and diagrams: 1. Modify drawings and diagrams to delete information which is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. C. Quantity and Format: Unless otherwise directed by the Owner, provide the following: 1. Product Data: Minimum five (5) complete sets. 1.04 SAMPLES A. Office samples shall be of sufficient size and quantity to clearly illustrate: 1. Functional characteristics of the product with integral related parts and attachment devices. 01340 - 1 0237.07 2. Full range of color, textures and pattern. B. Contractor shall coordinate and submit all samples requiring finish, texture or color selection by the Owner so that these materials may be reviewed by the Owner as a complete package. The Owner reserves the right to withhold finish and color selections until all such samples have been submitted. 1.05 CONTRACTOR RESPONSIBILITIES r A. Contractor shall prepare and submit to the Owner a log of shop drawing, product data and sample submittals, indicating schedules for submission and review of individual products or equipment. B. Contractor shall coordinate and make submittals promptly, in accordance with the approved submittal schedule. The Owner shall not be responsible for delays in the work caused by the Contractor's failure to make submittals in a timely manner, the completeness and/or accuracy of such submittals, or failure to allow adequate time for review of submittals by the Owner or his professional consultants. _ C. Contractor shall review shop drawings, product data and samples prior to submission to Owner. Contractor shall determine and verify: 1. Quantities. 2. Field measurements. 3. Field construction criteria. 4. Catalog numbers and similar data. 5. Conformance with Specifications. 6. Completeness of submittal and compliance with the requirements of this Section. D. Coordinate each submittal with requirements of the work and of the Contract Documents. Contractor shall coordinate submittals between related items of work prior to purchasing or fabricating. E. Review of shop drawings and submittals by the Owner/Architect is only for general conformance with design intent of the project and general compliance with the information given in the Contract Documents. Contractor shall be responsible for meeting all requirements of the Drawings and/or Specifications, whether noted in the Owner/Architect review or not. F. Notify the Owner/Architect in writing at time of submission of any deviations in the submittals from requirements of the Contract Documents. The Contractor must submit in writing any requests for modifications to the Drawings and Specifications. Shop drawings submitted to the Owner/Architect for this review do not constitute "in writing" unless it is noted that specific changes are being requested. Changes by means of shop drawings become the sole responsibility of the Contractor. G. Begin no fabrication or work which requires submittals until return of submittals with Owner/Architect approval. 1.06 SUBMISSION REQUIREMENTS A. Make submittals promptly, in accordance with approved schedule and in such sequence as to cause no delay in the work or in the work of any other Contractor. B. Number of submittals required: 1. Shop Drawings: As specified in paragraph 1.02.C. 2. Product Data: As specified in paragraph 1.03.C. 3. Samples: Submit one sample or set of samples of each item requested. 4. The Owner reserves the right to withhold review and approval of submittals until all required copies have been furnished. C. Submittals shall contain the following information, to be completed on the attached Shop Drawing Identification Form: 1. Date of submission and the dates of any previous submissions. 01340 - 2 0237.07 2. Project title and number. 3. Contract identification. 4. Names of: a. Contractor. b. Supplier. C. Manufacturer. 5. Field dimensions clearly identified as such. 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards such as ASTM or Federal Specification numbers. 8. Identification of any deviations from Contract Documents. 9. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria and coordination of the information within the submittal with requirements of the work and of Contract Documents. 1.07 OWNER RESPONSIBILITIES A. Upon receipt, Owner shall distribute submittals to his professional consultants as applicable. B. Owner and consultants shall review submittals in a timely manner, in accordance with the requirements of General and Supplementary Conditions. C. Owner shall return submittals to the Contractor, with stamp indicating approval, rejection, required revisions, or description of requirements for resubmittal, if applicable. D. Owner shall retain copy or copies of submittals. 1.08 RESUBMISSION REQUIREMENTS A. General: Make any corrections or changes in the submittals required by the Owner/Engineer and resubmit until approved. Resubmittals may be required for the following reasons: 1. Incomplete or unclear submittals, or submittals which have not first been reviewed and approved by the Contractor. 2. Lack of required number of copies of product data or shop drawings. 3. Extent of the revisions necessary in the submittal to meet the design intent and to be properly reviewed. 4. Materials and/or fabrication details that do not meet the design or technical requirements of the specifications. 5. All color and/or finish. selections have not been submitted as a complete package. B. Shop Drawing and Product Data: Revise initial drawings or data and resubmit as specified for the initial submittal. Identify any revisions made. C. Samples: Submit new samples as required for initial submittal. 01340 - 3 0237.07 1.09 DISTRIBUTION OF REQUIREMENTS _ A. Contractor shall distribute reproductions of shop drawings and copies of product data which carry the Owner/Architect stamp of review to: 1. Job site file. 2. Record Documents file. 3. Subcontractors. 4. Supplier or fabricator. B. Architect shall distribute returned copies of shop drawings and product data to: 1. Owner's representative. 2. Consultants, as applicable. 01340-4 0237.07 SHOP DRAWING IDENTIFICATION FORM DATE: PROJECT: ARCHITECT: ALLER•LINGLE ARCHITECTS, P.C. 712 WHALERS WAY, SUITE B-100 FORT COLLINS, CO 80525 (970)223-1820 CONTRACTOR: NAME: ADDRESS: PHONE: SUBCONTRACTOR:NAME: CONTACT PERSON: ADDRESS: PHONE: PRODUCT(S): SPEC. SECTION(S): *STAMP* END OF SECTION 01340 - 5 0237.07 SECTION 01370 SCHEDULE OF VALUES PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit to the Owner and Architect a Schedule of Values allocated to the various portions of the work. Upon request of the Architect, support the values with data which will substantiate their correctness. B. Schedule of Values shall be used only as the basis for the Contractor's Applications for Payment. C. Related requirements specified elsewhere: 1. Conditions of the Contract. 2. Section 01026, Application for Payment. 1.02 FORM AND CONTENT OF SCHEDULE OF VALUES A. Schedule of Values shall be submitted to the Owner/Architect within fifteen (15) days of Award of Contract. B. Format: Contractor's standard forms or computer printouts. Identify schedule with: 1. Title of project and location. 2. Architect and project number. 3. Name and address of Contractor. 4. Name of Owner's Representative. 5. Contract designation. 6. Date of submission. C. Schedule shall list the installed value of the component parts of the work in sufficient detail to serve as a basis for computing values for progress payments during construction. 1. List separately the costs associated with the materials and laborfor each component part of the work. D. Basis: At a minimum, the Construction Specifications Institute 16 standard divisions of work shall be used as the format for listing component items. Contractor may include additional listings at their option. 1. Identify each line item with the number and title of the respective major section of the Specifications. 2. Mechanical and Electrical: Provide separate line items for rough -in and finish work for all plumbing, mechanical and electrical work. E. For each major line item, list sub -values of major products or operations under the item. F. Contractor's overhead and profit shall be listed as a separate line item. G. The sum of all values listed in the schedule shall equal the total Contract Sum. END OF SECTION 01370-1 0237.07 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or•withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional 12/03 Section 00100 Page 6 SECTION 01400 QUALITY CONTROL PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. General quality control of the materials, equipment and labor for the project. B. Manufacturer's field services, support, and testing requirements. C. Related requirements specified elsewhere: 1. Section 01600, Materials and Equipment: Quality of materials and equipment to be installed in the work. 2. Division 15, Mechanical, and Division 16, Electrical. 1.02 QUALITY ASSURANCE A. Contractor Qualifications: General Contractor shall have completed at least three (3) projects of similar size and complexity within the past two (2) years. B. Manufacturers: Where two or more units of the same class of equipment are required, these shall be the products of a single manufacturer. However, the component parts of the system need not be the products of the same manufacturer, unless otherwise specified. C. Design Criteria: 1. Design equipment for operations at an elevation of 4,900 feet above mean sea level, unless otherwise indicated in Division 15 and/or 16. 2. Coordinate details of the equipment with other related parts of the work, including verification that all structures, piping, wiring and equipment components are compatible. 3. Design equipment to operate under all conditions of load without objectionable sound or vibration. Sounds or vibrations noticeable outside of room in which equipment is installed, or annoying sounds or vibrations noticeable inside room, will be considered objectionable. Correct conditions considered objectionable to Architect/Engineer by means of approved vibration eliminators or by replacing equipment at Owner's option. 4. Nameplates: Provide a permanent operational data nameplate on each item of power -operated equipment indicating the manufacturer, product name, model number, serial number, speed, capacity, power characteristics, labels of tested compliances and similar essential operating data. Locate nameplates in easily read locations. D. Design underground piping systems, joints, couplings, valves, vaults and other appurtenances to function under all conditions of load to be encountered on the site, including but not limited to: 1. Soils conditions, including expansion and contraction. 2. Water table conditions. 01400 - 1 0237.07 1.03 QUALITY CONTROL AND WORKMANSHIP A. Maintain quality control over suppliers, manufacturers, products, services, site conditions and workmanship to produce work of specified quality. B. Comply with industry standards, except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. C. Perform work by persons qualified to produce workmanship of specified quality. D. Secure products in place with positive anchorage devices designed for the appropriate loads and sized to withstand stresses, vibration and racking. 1.04 MANUFACTURER'S INSTRUCTIONS A. When required by individual Specifications section, submit manufacturer's printed instructions in the quantity specified for delivery, storage, assembly, installation, startup, adjusting and finishing. B. Comply with manufacturer's instructions in full detail. Include each step in sequence. Should instructions conflict with Contract Documents, request clarification from Owner/Engineer before proceeding. C. When required by individual Specification section, submit manufacturer's written maintenance instructions for the Owner's use after occupancy. 1.05 MANUFACTURER'S CERTIFICATES A. When required by individual Specifications section, submit manufacturer's certificate, in duplicate, that products meet or exceed specified requirements. 1.06 MANUFACTURERS' FIELD SERVICES A. When specified in respective Specifications section, require supplier and manufacturer to provide qualified personnel to observe field conditions, installation and workmanship, startup, testing and balancing of equipment as applicable and to make appropriate recommendations. B. Representative shall submit written report to Owner listing observations and recommendations. END OF SECTION ar 01400 - 2 '^ 0237.07 SECTION 01410 TESTING PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Materials testing by an independent, approved testing laboratory including, but not limited to: 1. Concrete testing. 2. Compaction testing. 1.04 ACCESS TO SITE AND NOTIFICATION REQUIREMENTS A. Testing laboratory will be allowed access to the site as required in the performance of their work. Contractor shall provide testing laboratory at least 48 hours notice prior to time testing is required prior to the next phase of work. B. Preservation: If historical or archaeological resources are encountered during excavation or construction of this project, the Contractor shall stop work and notify the Owner and the Office of Archaeology and Historic Preservation, Colorado Historical Society. Work shall not proceed until authorized in writing by the Owner. 1.05 TESTING REQUIREMENTS A. Concrete: 1. Inspection and testing of concrete mix will be performed by an independent testing agent contracted separately by the Owner. Contractor will coordinate all inspection and tests required in this specification directly with Owner's independent testing agent. 2. Submit proposed concrete mix design to inspection and testing firm for review prior to commencement of work. 3. Test cylinders shall be taken and materials tested in accordance with requirements of Section 03300. 4. If tests indicate that materials do not meet specified requirements, remove defective work, replace and retest at no additional cost to Owner. B. Compaction at Foundations, Building Slabs and Utility Trenches: 1. Testing of compacted fill materials shall be performed by an independent testing agent recommended by the Contractor and approved by the Owner. 2. Notify the Owner/Architect at completion of each phase of excavation prior to placement of backfill of all foundations and utility trenches. 3. When work of this Section or portions of work are completed, notify the testing laboratory to perform density test. Do not proceed with additional portions of work until results have been verified. 4. If tests indicate that compacted materials do not meet specified requirements, remove defective work, replace and retest at no additional cost to Owner. 01410 - 1 0237.07 1.06 TESTING FEES A. Fees for required materials testing will be paid for by the Owner as provided in the General and Supplementary Conditions. B. Fees for additional testing required due to improper performance of the work will be paid by the Contractor. 1.07 TESTING RESULTS A. Testing laboratory shall furnish copies of the required test results to the following: 1. Owner's representative. 2. Structural Engineer for open -hole inspection, concrete and steel testing. 3. Contractor. END OF SECTION 01410 - 2 0237.07 SECTION 01510 TEMPORARY UTILITIES PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain temporary utility services required for construction. Remove upon completion of work. B. Furnish, install and maintain temporary sanitary facilities for use by construction personnel. Remove upon completion of work. C. Related requirements specified elsewhere: 1. Section 01060, Regulatory Requirements. 2. Section 01530, Barriers and Enclosures. 3. Section 01560, Temporary Controls. 4. Section 01590, Field Offices and Sheds. 5. Section 01710, Cleaning: Trash removal during construction. 1.02 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with the current editions of all applicable building codes. Refer to Section 01060. B. Comply with applicable federal, state and local codes and regulations. C. Comply with applicable utility company requirements. 1.03 UTILITY FEES A. Utility charges and expenses for temporary construction usage for the following shall be paid by the Owner, unless indicated otherwise: 1. Temporary electricity. 2. Temporary construction water until installation and acceptance of the building's permanent plumbing systems. 3. Temporary heat and ventilation upon start-up of the building's permanent mechanical systems, when put into service during the construction period as specified in paragraph 2.03.C. B. Utility charges and expenses for temporary construction usage for the following shall be paid by the Contractor, unless indicated otherwise: 1. Installation or connection charge for temporary electricity, water, natural gas, propane or telephone service. 2. Temporary sanitary facilities. 3. Temporary local and long-distance telephone, including cellular. 4. Temporary heat and ventilation until start-up or use of the building's permanent mechanical systems, including the cost of fuel used during construction. 01510 - 1 0237.07 PART 2 PRODUCTS 2.01 MATERIALS A. General: Materials for temporary construction uses may be new or used but must be adequate in capacity for the required usage, must not create unsafe conditions and must not violate requirements of applicable codes and standards. — 2.02 TEMPORARY ELECTRICITY AND LIGHTING A. Contractor may utilize existing 120/240V power service in the existing facility if capacity is such that the use of this resource is adequate to prevent utility outage of the existing building. B. Install circuit and branch wiring with area distribution boxes located so that power and lighting is available throughout the construction area by the use of construction -type power cords. C. Provide adequate artificial lighting for all areas of work when natural light is not adequate for work and for areas accessible to the public. D. Security Lighting: Provide temporary security lighting for temporary, secure materials storage area, as may be required by the Owner's or Contractor's Builder's Risk insurance. -- 2.03 TEMPORARY HEAT AND VENTILATION ^ A. Contractor shall provide and maintain, at his own expense, all temporary heating, including all fuel and required attendance necessary to protect and dry all work during cold weather. B. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity and to prevent hazardous accumulations of dust, fumes, vapors or gases. 1. Portable heaters shall be standard approved units complete with controls. Do not store materials near sources of intense heat or open flame. C. Permanent building heating system may be used upon installation, testing and acceptance by the jurisdiction having authority over this area of the work, as allowed in Division 15, Mechanical. 1. The project shall be substantially enclosed and secured with the building's permanent glazing systems and either construction or permanent hardware. 2.04 TEMPORARY TELEPHONE SERVICE A. Contractor shall maintain a job site telephone. (Wireless is acceptable). Contractor shall pay all costs for installation, maintenance, removal and service charges for local calls. Toll charges shall be paid by the party who places the call. B. Telephones within the existing facility shall not be used by construction personnel during the construction period. 2.05 TEMPORARY WATER A. Contractor may utilize existing water service in the existing facility. 1. If necessary, Contractor shall tap existing fire hydrant for construction water. Contractor shall be responsible for acquiring any necessary permit and installing temporary meter as required by the City of Fort Collins. 01510 - 2 0237.07 2.06 TEMPORARY SANITARY FACILITIES A. Contractor shall provide sanitary facilities for use by construction personnel in compliance with current laws and regulations. 1. Service, clean and maintain facilities and enclosures in accordance with local governing health agencies. B. Toilet facilities within the existing facility shall not be used by construction personnel during the construction period. PART 3 EXECUTION 3.01 INSTALLATION AND OPERATION A. General: Install and maintain temporary utility services in accordance with requirements of applicable federal, state and local codes and regulations, and applicable utility company requirements. B. Maintain and operate systems to assure continuous service. C. Modify and extend systems as work progress requires. 3.02 REMOVAL A. Completely remove temporary materials and equipment when use is no longer required, or upon completion of the work. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore permanent facilities used for temporary construction services to original or specified condition. 1. Prior to final inspection, remove temporary lamps and install new lamps in all lighting fixtures used during the construction period. 2. Prior to final inspection, clean permanent filters and replace disposable filters in all mechanical equipment used during the construction period. Clean ducts, blowers and coils if units were operated during the construction period without filters. END OF SECTION 01510 - 3 0237.07 SECTION 01530 BARRIERS AND ENCLOSURES PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install, and maintain temporary construction barriers and enclosures. B. Furnish, erect, and maintain temporary site security fencing and gates. C. Furnish, erect and maintain temporary safety barricade fencing. D. Related work specified elsewhere: 1. Section 01030, Alternates. 2. Section 01046, Access to Site. 3. Section 01060, Regulatory Requirements. 4. Section 01510, Temporary Utilities. 5. Section 01520, Construction Equipment and Aids. 6. Section 01560, Temporary Controls: Dust partitions. 7. Section 01590, Field Offices -and Sheds. PART 2 PRODUCTS 2.01 TEMPORARY CONSTRUCTION BARRIERS AND ENCLOSURES A. General: Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of the work, in compliance with applicable safety and other regulations. B. Safety Barricade Fencing: Refer to paragraph 2.08 below. 2.02 TEMPORARY SITE FENCING A. Prior to commencing work, Contractor shall, at his option, erect and maintain construction fencing to enclose an area for ground level construction activity, storage and waste removal, as approved by the Owner. 1. Fencing Materials: Panelized, chain -link fencing with crossed X-type post supports, minimum 6-0" high. 2. Refer to the approved staging plan for approximate limits of site area to be fenced for construction activities and storage. B. Provide vehicular and pedestrian access gates, with locks, as appropriate for construction access. 1. Furnish Owner's principal representative with keys to the lock of the primary access gate. C. Do not attach temporary fencing to any existing permanent construction, including buildings, trees, retaining walls, walks or pavements. D. Promptly remove temporary fencing materials upon completion of sitework, rough grading and asphalt paving and restore area to original condition. Contractor shall repair or replace any existing materials or equipment damaged as a part of this work at no cost to the Owner. 1. Fencing shall remain in place until building is secured. 2. Fencing shall be removed prior to finish grading, installation of underground sprinkler system and landscaping. 01530 - 1 0237.07 2.03 MISCELLANEOUS TEMPORARY WALL AND ROOF CLOSURES A. Provide temporary weathertight enclosure of exterior roof and walls for successive areas of the building as work progresses to provide acceptable working conditions, provide weather protection for materials, allowing for effective temporary heating and to prevent entry of unauthorized persons. 1. Provide temporary secure and fixed panels for double hung window openings. 2. Enclosures shall be removable as necessary for work and for handling of materials. 3. Provide enclosures for protection of areas designated for use by Owner during construction. Refer to Section 01046, Access to Site. 2.04 SAFETY BARRICADE FENCING A. Prior to commencing any sitework within any street, alley, public sidewalk or other right-of- way, Contractor shall prepare and submit a traffic lane closure plan to the City of Fort Collins for approval. 1. Plan shall clearly indicate how both vehicular and pedestrian traffic shall be safely accommodated and maintained during construction. B. Prior to commencing such work, Contractor shall erect and maintain protective safety barricade fencing around the areas of work, as required by the approved plan. 1. Approved Materials: Expanded plastic fencing. 2. Color: Orange, or as approved by the governing agency with jurisdiction over this work. Refer to Section 01060. ^ C. Provide adequate room within fenced enclosures for workers and construction activities. D. Maintain all required clearances for vehicular and/or pedestrian circulation within public right-of-ways that will be allowed during the construction period. Refer to Section 01046. E. Consult with the City of Fort Collins for any additional barricading or public safety requirements. F. Promptly remove temporary safety fencing upon completion of work and restore site area to original condition. Contractor shall repair or replace any existing materials or finishes damaged as a part of this work at no cost to the Owner. END OF SECTION 01530 - 2 0237.07 SECTION 01560 TEMPORARY CONTROLS PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain temporary facilities required for dust, erosion and pollution control. B. Implement and maintain temporary controls required for noise and construction work hours limitations. C. Related requirements specified elsewhere: 1. Section 01010, Summary of Work: Special site restrictions. 2. Section 01040, Coordination. 3. Section 01046, Access to Site. 4. Section 01510, Temporary Utilities. 5. Section 01530, Barriers and Enclosures: Cold -weather construction enclosures. PART 2 PRODUCTS 2.01 MATERIALS A. General: Materials for temporary controls may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions and must not violate requirements of applicable codes and standards. 2.02 DUST CONTROL A. Furnish and maintain such facilities or procedures as may be necessary to prevent air -borne dust generated by the construction activities of this project from affecting either the Owner's use of this site or neighboring properties. Implementation of such requirements will be at the sole discretion of the Owner or the City of Fort Collins. B. Furnish materials, erect and maintain temporary dust partitions to seal portions of the building and equipment to remain in use during the construction period from affected areas of the project. 1. Partition Sheeting: Translucent or clear polyethylene sheets, 6-mil thickness minimum. C. Partitions shall be attached to the existing building so as not to damage or mar materials or finishes. D. Promptly remove temporary partitions upon completion of the work and restore materials and finishes to original condition. Contractor shall repair or replace any existing materials or finishes damaged as a part of this work at no cost to the Owner. 2.03 POLLUTION CONTROL A. Contractor shall take all necessary precautions to prevent spilling or littering of water - polluting substances. Do not allow any foreign materials to be dumped into any portion of the sewer or storm drainage collection system or into any water runoff collection basin. The Contractor shall be responsible for all labor, equipment and materials necessary to remedy any such pollution as deemed appropriate by governing agencies with such jurisdiction. B. No burning of debris or any other air -polluting methods or equipment will be allowed. All 01560 - 1 0237.07 Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors,- Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may -consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 12/03 Section 00100 Page 7 motorized equipment shall be adjusted to minimize exhaust pollution. C. Contractor shall prevent fumes from roofing materials and equipment from being drawn into the existing facility's air intake system. Equipment shutdowns shall be scheduled as specified in Section 01040. PART 3 EXECUTION 3.01 GENERAL A. Construction Work Hours: Construction activity will be limited to 7:00 a.m. to 6:00 p.m. Monday through Saturday during the construction period, except as limited in paragraphs 3.01.13. and 3.02. Sunday or holiday construction will not be allowed without express written permission of the Owner. B. Specific activities that may limit the Contractor's working hours, if applicable, shall be determined at the Pre -Construction Conference. 3.02 NOISE CONTROL A. Construction activities that generate noise in excess of 85 db shall be limited to hours as established at the Pre -Construction Conference. 1. Prohibited after 6:00 p.m. every weekday, unless approval is obtained by Owner. 2. Prohibited on Saturdays, Sundays and holidays, unless approval is obtained by Owner. END OF SECTION _ 01560 - 2 0237.07 SECTION 01580 PROJECT SIGN PART1 GENERAL 1.01 WORK INCLUDED A. Contractor shall prepare, erect and maintain one painted project sign. B. Restoration and Preservation Projects: A sign acknowledging funding from the Colorado Department of Transportation and the City of Fort Collins to be erected and maintained by the Contractor. C. No other signs or advertisement will be allowed without the Owner's approval. D. Related work specified elsewhere: 1. Section 09900, Painting. PART2 PRODUCTS 2.01 MATERIALS A. General: The project sign shall be constructed as detailed on the Drawings or attached hereto. B. Sign Material: 3/4" thick plywood, A/C, exterior APA, conforming to PSI standards. 1. Size: Sign shall be cut from nominal 4'-0" x 8'-0" plywood sheet, as detailed on the attached drawing. C. Posts: 4"x4" Hem -Fir or Douglas Fir, S4S, conforming to PS 20 standards. PART 3 EXECUTION 3.01 GENERAL A. Architect shall review signage copy for correctness and completeness prior to beginning work. 1. Special graphics or logo requirements will be furnished to the sign fabricator by the Owner and/or Architect. B. Project sign shall be erected within two (2) weeks of Notice to Proceed and shall remain on the project site until completion of the project. C. Location of the sign shall be as arranged at the Pre -Construction Conference. D. The project sign shall remain the property of the Contractor and shall be promptly removed upon completion of the project. E. Colorado Department of Transportation sign shall be removed and returned upon completion of the project. 3.02 INSTALLATION A. Embed sign posts minimum 3'-0". END OF SECTION 01580 - 1 0237.07 SECTION 01580 PROJECT SIGN PART1 GENERAL 1.01 WORK INCLUDED A. Contractor shall prepare, erect and maintain one painted project sign. B. Restoration and Preservation Projects: A sign acknowledging funding from the Colorado Department of Transportation and the City of Fort Collins to be erected and maintained by the Contractor. C. No other signs or advertisement will be allowed without the Owner's approval. D. Related work specified elsewhere: 1. Section 09900, Painting. PART 2 PRODUCTS 2.01 MATERIALS A. General: The project sign shall be constructed as detailed on the Drawings or attached hereto. B. Sign Material: 3/4" thick plywood, A/C, exterior APA, conforming to PS1 standards. 1. Size: Sign shall be cut from nominal 4'-0" x 8'-0" plywood sheet, as detailed on the attached drawing. C. Posts: 4"x4" Hem -Fir or Douglas Fir, S4S, conforming to PS 20 standards. PART 3 EXECUTION 3.01 GENERAL A. Architect shall review signage copy for correctness and completeness prior to beginning work. 1. Special graphics or logo requirements will be furnished to the sign fabricator by the Owner and/or Architect. B. Project sign shall be erected within two (2) weeks of Notice to Proceed and shall remain on the project site until completion of the project. C. Location of the sign shall be as arranged at the Pre -Construction Conference. D. The project sign shall remain the property of the Contractor and shall be promptly removed upon completion of the project. E. Colorado Department of Transportation sign shall be removed and returned upon completion of the project. 3.02 INSTALLATION A. Embed sign posts minimum T-0". END OF SECTION 01580 - 1 0237.07 SECTION 01600 MATERIAL AND EQUIPMENT PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Material and equipment incorporated into the work: 1. Conform to applicable specifications and standards. 2. Comply with size, make, type and quality specified, or as specifically approved in writing by the Owner/Architect. 3. Manufactured and Fabricated Products: a. Design, fabricate and assemble in accordance with the best engineering and shop practices. b. Manufacture like parts of duplicate units to standard sizes and gages to be interchangeable. C. Two (2) or more items of the same kind shall be identical by the same manufacturer. d. Products shall be suitable for service conditions. e. Equipment capacities, sizes and dimensions shown or specified shall be adhered to, unless variations are specifically approved in writing. 4. Do not use material or equipment for any purpose other than that for which it is designed or specified. B. Provide specified maintenance materials, equipment and tools to the Owner at the completion of the project. C. Provide equipment or systems start-up, commissioning and operational testing, as specified in individual Sections. D. Related requirements specified elsewhere: 1. Conditions of the Contract. 2. Section 01010, Summary of the Work. 3. Section 01040, Coordination. 4. Section 01340, Shop Drawings, Product Data and Samples. 5. Section 01400, Quality Control. 6. Section 01710, Cleaning. 7. Section 01730, Operating and Maintenance Data. 1.02 MANUFACTURER'S INSTRUCTIONS A. When Contract Documents require that installation of work shall comply with manufacturer's printed instructions, contractor shall obtain and distribute copies of such instructions to parties involved in the installation, including two (2) copies to the Owner. 1. Maintain one (1) set of complete instructions at the job site during installation and until completion. B. Handle, install, connect, clean, condition and adjust products in strict accordance with such instructions and in conformity with specified requirements. 1. Should job conditions or specified requirements conflict with manufacturer's instructions, consult with Owner for further instructions. Do not proceed with work without clear instructions. C. Perform work in accordance with manufacturer's instructions. Do not omit any preparatory step or installation procedure, unless specifically modified or exempted by Contract Documents. 1.03 TRANSPORTATION AND HANDLING 01600 - 1 0237.07 A. Arrange deliveries of products in accordance with construction schedules, coordinate to avoid conflict with work and conditions at the site. 1. Deliver products in undamaged condition in manufacturer's original containers or packaging with identifying labels intact and legible. 2. Immediately upon delivery, inspect shipments to assure that materials and equipment are in compliance with approved submittals, required quantities have — been provided and that products are properly protected and undamaged. B. Provide equipment and personnel to handle products by methods to prevent soiling or damage to products or packaging. 1.04 STORAGE AND PROTECTION A. Preparation for Shipment: — 1. Prepare in a manner to facilitate unloading and handling. 2. Provide skids, boxes, crates or other effective shipping devices to protect materials, fixtures or equipment against damage from rough handling, moisture, dust, — excessive heat or cold. 3.. Protect painted surfaces against impact, abrasion, discoloration and other damage. 4. Apply grease packing or lubricating oil to all bearing and similar items. 5. Tag or mark each item as identified in the delivery schedule or on the shop drawings: Package or bundle items consisting of multiple similar pieces. Tag or mark the package or bundle. — 6. Include complete packing lists or bills of material with each shipment. 7. Do not ship equipment requiring cranes or special equipment for unloading or handling without notice or until Contractor is prepared to receive and care for it properly. 8. Protect electrical equipment, controls and insulation from moisture or water damage. B. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. 1. Store products subject to damage by the elements in weathertight enclosures. 2. Maintain temperature and humidity within the ranges required by manufacturer's instructions. ., C. Exterior Storage: 1. Store fabricated products above the ground on blocking or skids. Prevent soiling or staining. Cover products which are subject to deterioration with impervious sheet coverings. Provide adequate ventilation to avoid condensation. 2. Store wood and wood products above the ground on blocking or skids, and cover to protect from weather exposure. D. Arrange storage in a manner to provide easy access for inspection. Make periodic inspections of stored products to assure that products are maintained under specified conditions and free from damage or deterioration. 01600 - 2 0237.07 E. Protection after Installation: 1. Protect materials, fixtures and equipment with original protective wrappings until Substantial Completion of the project, as specified in individual Sections, to include but not be limited to: a. Factory -finished wood doors. b. Custom cabinetry and casework. C. Toilet and bath fixtures and faucets. d. Finish hardware items. 2. Provide substantial coverings as necessary to protect installed products from damage from traffic and subsequent construction operations. Remove when no longer needed. 1.05 SUBSTITUTIONS AND PRODUCT OPTIONS A. Products List: 1. Within thirty (30) days after Award of Contract, submit to Owner a complete list of major products proposed to be used with the name of the manufacturer and the installing Subcontractor. B. Contractor's Options: 1. For products specified only by reference standard, select any product meeting that standard. 2. For products specified by naming several products or manufacturers, select any one of the products or manufacturers named which complies with the specifications. 3. For products specified by naming one or more products or manufacturers and "or equal", Contractor shall submit a request for substitutions of any product or manufacturer not specifically named. 4. Manufacturer's material or equipment listed in Schedules, Specifications or on the Drawings are types to be provided for establishment of size, capacity, grade and quality. If other acceptable manufacturers are used, cost of any change in construc- tion required by their use shall be borne by the Contractor. C. Contractor shall use any approved equal material or equipment at no additional cost to the Owner if the material or equipment used in his Bid is unavailable or causes undue delay in fabrication or delivery. PART PRODUCTS 2.01 MATERIALS A. General: Use materials of commercial quality suitable for the anticipated service conditions. B. All materials and equipment to be installed in the permanent construction shall be new, unless otherwise permitted. C. Unless required otherwise, use components of standard sizes to assure future availability and permit field installation of repair parts. Make like parts of duplicate units interchangeable. D. If requested by Owner, Contractor to provide a Certificate of Material for building materials that apply to this Project. 01600 - 3 0237.07 2.02 FABRICATION AND MANUFACTURE A. Workmanship and Materials: Design, fabricate and assemble equipment in accordance with the best engineering and shop practice. _ B. Lubrication: 1. Include lubrication systems which do not waste lubricants, require attention during startup or shutdown or more frequently than weekly during normal operation. _ 2. Furnish sufficient lubricants of the type recommended by the equipment manufacturer to fill lubricant reservoirs and replace consumption during startup, testing and operation prior to the Owner's acceptance of the equipment. C. Drive Units: Refer to Division 15, Mechanical, and/or Division 16, Electrical. D. Anchor Bolts: (or as specified on drawings by Architect/Engineer) 1. Furnish with each piece of equipment required to be anchored. 2. Minimum Diameter: 3/4", or as indicated on the Drawings. 3. Minimum Length: Provide for required embedment in structural concrete and extend through concrete base, 1-1/2" of grout, base plate and nuts. Concrete base will be 4" thick, unless otherwise indicated. 4. Include two (2) nuts with each bolt. 5. Deliver anchor bolts with templates or setting drawings in time for installation when structural concrete is placed. E. Equipment Bases: (or as specified on drawings by A/E) 1. Include a cast iron or welded base plate with each pump, compressor and similar equipment installed on concrete base, if applicable. 2. Design to support both the driven unit and its drive assembly on a single base plate. 3. Support all equipment to be set on floor with 4" minimum concrete base. 4. Include grout holes and provisions for anchor bolts. 5. Include raised lip all around and a threaded drain connection with base plates for pumps. F. Special Tools and Accessories: 1. Furnish all special tools, instruments and accessories required for proper mainte- nance. 2. Furnish such special devices as are required for proper lifting and handling. G. Shop Painting: Refer to Section 09900, Painting. _ 1. Protect iron and steel surfaces with paint or other protective coating applied in the shop. 2. Use coating good for anticipated useful life of equipment on surfaces inaccessible after assembly. 3. Finish exposed surfaces smooth, clean and filled to obtain uniform base for paint. 4. Apply one (1) or more shop coats of a primer capable of protecting surfaces to receive finish paint coats after installation. 5. Apply finish coats in the shop with a high-grade oil -resistant enamel on electric motors, speed reducers, starters and other self-contained or enclosed components. 6. Do not paint machined, polished or non-ferrous surfaces. Coat such surfaces with rust -preventive compound, Houghton Rust Veto 334, Rust-Oleum R-9 or equal. PART 3 EXECUTION 3.01 INSTALLATION A. Install equipment with or under the guidance of qualified personnel having the knowledge and experience necessary for proper results. _ B. Arrange work to facilitate maintenance, repair or replacement of equipment. Locate services requiring maintenance on valves and similar units in front of services requiring less 01600 - 4 0237.07 maintenance. Connect equipment for ease of disconnecting, with minimum of interference with other work. C. Locate operating and control equipment, dampers, valves, traps, clean -outs, motors, controllers, switchgears, drain points, maintenance items and devices for easy access. Install access panels where units are concealed by finished and similar work. D. Provide required clearances in front of, and around, equipment as necessary for access and ventilation. Comply with all applicable codes and regulations. 3.02 PLACING EQUIPMENT IN OPERATION A. Before starting up each system: 1. Check each piece of equipment for proper drive rotation, belt tension and any other condition which may cause damage to equipment or endanger personnel. 2. Clean, blow-out or flush lubricating oil, water systems and other pipelines. 3. Lubricate equipment in accordance with manufacturer's recommendations. 4. Test lubrication system safety interlocks and system performance. 5. Perform final alignment checks under observation of the Owner's principal representative and, where required, manufacturer's field representative. 6. Demonstrate that no abnormal stresses are transmitted to equipment from piping, ducts or other attachments. 7. Check anchor bolt tensions, grout and shims. Use calibrated torque wrenches for tightening anchor bolts. Do not overstress bolts. B. Place equipment into successful operation in accordance with the written instructions of the manufacturer or the instruction of the manufacturer's field representative, including required adjustment, tests and operation checks. 3.03 PERFORMANCE TESTS A. Tests may be required, whether or not specifically called for, to determine if equipment will perform as specified or guaranteed. Final acceptance of equipment, or Substantial Completion of that part of the work, is contingent upon acceptable test results. B. Do not conduct tests on equipment for which manufacturer's field service is specified, unless manufacturer's field representative is present and declares the equipment ready for test. C. Conduct tests as set forth in the Specifications, unless another manner is approved. D. Equipment or systems that fait to satisfy the performance requirements shall be modified or replaced at Owner/Engineer's option. If modifications are allowed, make modifications necessary to produce an installation which will satisfy the performance requirements. Retest after modifications or equipment replacement is complete. Modifications, additional equipment, retesting and structural, piping or electrical modifications necessary to accommodate modified equipment or replacement equipment shall be made at no additional cost. END OF SECTION 01600 - 5 0237.07 SECTION 01700 CONTRACT CLOSE-OUT PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Comply with requirements stated in Conditions of the Contract and in Specifications for administrative procedures in closing out the work. B. Related requirements specified elsewhere: 1. Conditions of the Contract: Fiscal provisions, legal submittals and additional administrative requirements. 2. Section 01026, Applications for Payment: Requirements for final payment. 3. Section 01050, Field Engineering: Surveying certificate and final completion survey. 4. Section 01310, Construction Schedules. 5. Section 01600, Material and Equipment: Maintenance materials. 6. Section 01710, Cleaning. 7. Section 01720, Project Record Documents. 8. Section 01730, Operating and Maintenance Data. 9. Section 01740, Warranties and Bonds. 10. Respective Sections of Specifications: Testing requirements and closeout submit- tals required of specific trades or subcontractors. 1.02 SUBSTANTIAL COMPLETION A. Definition of Substantial Completion: Referto General and Supplementary Conditions of the Contract. B. When Contractor considers that the work is substantially complete, he shall submit to the Owner: 1. Written notice that the work or designated portion thereof is substantially complete. 2. "Punch list" of items to be completed or corrected, as determined by the Contractor prior to inspection by the Owner. 3. Temporary Certificate of Occupancy, or other evidence of acceptance by the building official or other authority with jurisdiction over the project. C. Within a reasonable time after receipt of such notice, Owner will make an inspection to determine the status of completion. D. Should Owner and/or Architect determine that the work is not substantially complete: 1. Owner/Architec will promptly notify the Contractor in writing, giving the reasons therefor. 2. Contractor shall remedy the deficiencies in the work and send a second written notice of substantial completion to the Owner. 3. Owner or Architect will re -inspect the work, as appropriate. E. When Owner concurs that the work is substantially complete, he will: 1. Prepare a Certificate of Substantial Completion on Owner -provided form, accompa- nied by Contractor's list of items to be completed or corrected as verified and amended by the Owner. 01700 - 1 0237.07 2. Submit the Certificate to the Owner and Contractor for their written acceptance of _ the responsibilities assigned to them in the Certificate. 1.03 FINAL INSPECTION A. When Contractor considers the work is complete, he shall submit written certification that: 1. Contract Documents have been reviewed, and that the work has been inspected for compliance with Contract Documents. 2. Work has been completed in accordance with Contract Documents. 3. Corrective or incomplete work has been completed from "punch lists" provided at Substantial Completion. 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Final cleaning has been completed and project is ready for final inspection. — 6. Final Certificate of Occupancy has been issued. B. Owner will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Owner consider that the work is incomplete or defective: 1. Owner or Architect will promptly notify the Contractor in writing, listing the incomplete or defective work. _ 2. Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to Owner that the work is complete. 3. Owner or Architect will re -inspect the work, as appropriate. D. When the Owner finds that the work is acceptable under the Contract Documents, he shall — request the Contractor to prepare and deliver closeout submittals. E. Should Architect perform reinspection due to failure of the work to comply with the claims of status of either Substantial or Final Completion made by the Contractor: — 1. Owner will compensate Architect for such additional services by change order to the A/E Agreement. 2. Owner will deduct the amount of such compensation from the final payment due the Contractor. 1.04 SYSTEMS TESTING A. Contractor shall conduct tests for operational systems and equipment as specified herein or as required by individual Sections, prior to Final Inspection. Testing of systems or — equipment shall include but not be limited to: 1. Drainage and weathertightness of roofing systems. 2. Domestic water service, natural gas or other pressurized utilities. 1.05 CONTRACTOR'S CLOSE-OUT SUBMITTALS A. Evidence of compliance with requirements of governing authorities: — 1. Certificate of Occupancy. 2. Certificates of Inspection, including plumbing, mechanical and electrical systems. B. Final Completion Schedule: Refer to Section 01310. C. Project Record Documents: Refer to Section 01720. D. Operating and Maintenance Data, Instructions to Owner's Personnel: Refer to Section 01730. E. Warranties and Bonds: Refer to Section 01740. F. Evidence of Payment and Release of Liens: General and Supplementary Conditions. G. Test Results: Written approval from the testing agency for systems or equipment requiring _ final testing, as specified above. H. Certifications: Written certifications of material or equipment compliance, as required by 01700 - 2 0237.07 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart -is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 12/03 Section 00100 Page 8 Colorado Department of Transportation. 1.06 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Owner. Statement shall reflect all adjustments to the Contract Sum: 1. The original Contract Sum, including accepted Bid Alternates. 2. Additions and deductions resulting from: a. Previous Change Orders. b. Allowances. C. Unit prices. d. Deductions for uncorrected work. e. Penalties and bonuses. f. Deductions for liquidated damages. g. Deductions for reinspection payments. h. Other adjustments. 3. Total Contract Sum, as adjusted. 4. Previous payments. 5. Sum remaining due, including retainage. B. Contractor will prepare a final Change Order reflecting approved adjustments to the Contract Sum which were not previously made by Change Orders. 1.07 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract and Section 01026, Applications for Payment. END OF SECTION 01700 - 3 0237.07 SECTION 01710 CLEANING PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Execute cleaning during progress of the work and at completion of the work. B. Furnish, maintain and service trash removal dumpsters and/or roll -offs. C. Furnish, maintain and service recycling containers for construction materials, packaging and waste products. D. Related requirements specified elsewhere: 1. Conditions of the Contract. 2. Respective Sections of Specifications: Cleaning for specific products or work. 1.02 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with applicable codes, ordinances, regulations and anti -pollution laws. B. Disposal of waste materials, debris and rubbish shall be at a commercially -operated recycling center, legal dumpsite or landfill. 1. Contractor shall be responsible for all dump fees and expenses associated with hauling materials to the landfill. PART 2 PRODUCTS 2.01 CLEANING MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturers of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. 2.02 WASTE REMOVAL CONTAINERS A. Furnish and maintain recycling, trash and waste removal dumpsters and/or roll -off dumpsters for the collection of waste materials, debris and rubbish, in quantities sufficient for the Work. 1. Dumpsters shall be provided with tightly fitted covers to prevent debris from being blown out. 2. Roll -offs shall not be required to be covered, but shall be serviced frequently enough to prevent debris from accumulating and being blown out. 3. Individual recycling containers shall be maintained for paper, corrugated cardboard, and co -mingled containers for glass, plastic, aluminum and steel. General contractor shall be responsible for ensuring proper separation of recycled materials and delivery to acceptable recycling centers. B. Location of roll -offs and trash dumpsters shall be as arranged at the Pre -Construction Conference. 01710 - 1 0237.07 PART 3 EXECUTION — 3.01 PROGRESS CLEANING A. Execute periodic cleaning to keep the work, the site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris resulting from construction operations. B. Maintain parking areas, access drives and city streets clean from mud and other debris. C. Remove recycling, waste materials, debris and rubbish from the site periodically and dispose of at legal commercial recycling centers, dump sites or landfills away from the site. 3.02 CLEANING PRIOR TO PAINTING A. Clean interior spaces prior to the start of finish painting and continue cleaning on an as - needed basis until painting is finished. B. Schedule operations so that dust and other contaminants resulting from cleaning process will not fall on wet or freshly finished surfaces. C. Temporarily seal window and door openings prior to the start of finish painting to prevent windblown dust and other particulates from impairing wet or freshly finished surfaces. 3.03 FINAL CLEANING A. Final cleaning shall be performed by personnel or subcontractors skilled in this work. — B. In general, the extent of final cleaning shall be to remove grease, mastic and adhesives, dust and dirt, stains, fingerprints, labels and other foreign materials from site -exposed interior and exterior surfaces. C. Interior cleaning shall include, but not be limited to: — 1. Wash and polish glass, glazing and mirrors. Polish glossy surfaces to a clear shine. 2. Damp mop all wood floors. 3. Wipe down all finish carpentry, woodwork and cabinetwork. -- 4. Wipe down and polish toilet partitions, toilet and bath accessories, signage components and other specialties. 5. Broom clean and dry vacuum all interior sealed concrete floor slabs to be left — exposed. Apply specified finish/sealer. D. Exterior cleaning shall include, but not be limited to: 1. Wash and wipe down doors and frames. — 2. Wash and polish glass and glazing. E. Site cleaning shall include, but not be limited to: 1. Broom clean and wash down all areas of exterior concrete flatwork and asphalt _ paving. F. Ventilating Systems: 1. Clean permanent filters and replace disposable filters if units were operated during construction. — 01710 - 2 0237.07 2. Clean ducts, blowers and coils if units were operated without filters during construction. G. Prior to final completion or Owner occupancy, Contractor shall conduct an inspection of the site, all site -exposed interior and exterior surfaces and all work areas to verify that work of the entire project is clean. END OF SECTION 01710 - 3 0237.07 SECTION 01720 PROJECT RECORD DOCUMENTS PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Maintain at the site one (1) record copy of each of the following documents: 1. Drawings. 2. Addenda. 3. Change Orders and other modifications to the Contract. 4. Approved shop drawings, product data and samples. 5. Field test records. B. Related requirements specified elsewhere: 1. Section 01340, Shop Drawings, Product Data and Samples. 2. Section 01410, Testing. 1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Prior to beginning work, separate one (1) clean, complete set of project documents from construction sets and hold for record document purposes. The Owner will not furnish additional sets for the Contractor's use at the end of construction, unless compensated for by the Contractor. B. Store documents and samples in Contractor's field office apart from documents used for construction. Provide files and rack for storage of documents. C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D. Make documents and samples available at all times for inspection by the Owner, Architect and regulatory agencies. 1.03 RECORDING REQUIREMENTS A. Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B. Drawings shall be legibly marked to record actual construction: 1. Depths of various elements of foundation in relation to finished first floor datum. 2. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface locations. 3. Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. 4. Field changes of dimension and detail. 5. Changes made by field order or by Change Order. 6. Details not included in original Contract Documents. C. Specifications and Addenda shall be legibly marked to record: 1. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. 2. Changes made by field order or by Change Order. 01720 - 1 0237.07 1.04 SUBMITTALS _ A. At contract closeout, deliver all Record Documents to the Owner. B. Accompany submittal with transmittal letter containing: 1. Date, project name and number. 2. Contractor's name and address. 3. Title and number of each Record Document. 4. Signature of Contractor or his authorized representative. C. Submit one (1) copy of approved data in final form no later than fifteen (15) days after final inspection or acceptance, but prior to applying for final payment. D. As -Recorded Documents shall be submitted, reviewed and accepted by the Owner and Architect prior to the Final Application for Payment being processed. E. Architect shall prepare and furnish the Owner with one (1) set of reproducible Record Documents and one (1) compact disc recording the same information, in accordance with the Contract requirements. END OF SECTION 01720 - 2 0237.07 SECTION 01730 OPERATING AND MAINTENANCE DATA PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Compile product data and related information appropriate for Owner's maintenance and operation of products furnished for this project. 1. Prepare operating and maintenance data as specified in this Section and as referenced in other pertinent Sections of the Specifications. B. Instruct Owner's personnel in maintenance of products and in operation of equipment and systems. C. Related requirements specified elsewhere: 1. Section 01060, Regulatory Requirements. 2. Section 01340, Shop Drawings, Product Data and Samples. 3. Section 01700, Contract Close -Out. 4. Section 01720, Project Record Documents. 5. Section 01740, Warranties and Bonds. 6. Division 15, Mechanical, and Division 16, Electrical. 1.02 SUBMITTAL REQUIREMENTS A. Prepare data in form of an instructional manual for use by Owner's personnel. B. Format of Submittals: 1. Size: 8-1/2" x 11". 2. Paper: Manufacturer's printed data or neatly typewritten. 3. Drawings: a. Provide reinforced punched binder tab, bind in with text. b. Fold larger drawings to size of text pages. 4. Provide fly leaf for each separate product or each piece of operating equipment. a. Provide typed description of product and major component parts of equipment. b. Provide indexed tabs. 5. Cover: Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". List the following: a. Title of project. b. Identity of separate structure as applicable. C. Identity of general subject matter covered in the manual. C. Binders: 1. Commercial quality three-ring binders with durable and cleanable plastic covers, ring size as required. 2. When multiple binders are used, correlate the data into related, consistent groupings. D. Number of Manuals Required: Three (3) copies of each complete manual, including all general information and plumbing, mechanical, electrical and fire sprinkler sections. 01730 - 1 0237.07 1.03 CONTENT OF MANUAL A. Neatly typewritten Table of Contents for each volume arranged in systematic order. 1. Contractor, name of responsible principal, address and telephone number. — 2. List of each product required to be included, indexed to content of the volume. 3. List with each product, name, address and telephone number of: a. Subcontractor or installer. b. Maintenance contractor as appropriate. C. Identify the area of responsibility of each. d. Local source of supply for parts and replacement. 4. Identify each product by product name and other identifying symbols as set forth in — Contract Documents. B. Product Data: 1. Include only those sheets which are pertinent to the specific product. — 2. Note each sheet to: a. Clearly identify specific product or part installed. b. Clearly identify data applicable to installation. C. Delete references to inapplicable information. C. Drawings: 1. Supplement product data with drawings as necessary to clearly illustrate: — a. Relations of component parts of equipment and systems. b. Control and flow diagrams. 2. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. Do not use Record Documents as maintenance drawings. D. Written text as required to supplement product data for the particular installation: 1. Organize in consistent format under separate headings for different procedures. — 2. Provide logical sequence of instruction for each procedure. E. Copy of each warranty, bond and service contract issued indicating: 1. Proper procedures in the event of failure. — 2. Instances which might affect validity of warranties or bonds. F. Copy of Material Safety Data Sheets (MSDS) for each product or material. 1.04 MANUALS FOR PLUMBING, MECHANICAL AND ELECTRICAL SYSTEMS A. Content for each unit of equipment and system as appropriate: — 1. Description of unit and component parts. 2. Operating Procedures: a. Start-up, break-in, routine and normal operating instructions. b. Regulation, control, stopping, shutdown and emergency instructions. C. Summer and winter operating instructions. d. Special operating instructions. 3. Maintenance Procedures: — a. Routine operations. b. Guide to "troubleshooting". C. Disassembly, repair and reassembly. ^- d. Alignment, adjusting and checking. 4. Servicing and lubrication schedule, with list of lubricants required. 5. Manufacturer's printed operating and maintenance instructions. — 6. Description of sequence of operation by control manufacturer. 01730 - 2 0237.07 7. Original manufacturer's parts list, illustrations, assembly drawings and diagrams required for maintenance. 8. As -installed control diagrams by control manufacturer. 9. As -installed color -coded piping diagrams. 10. Charts of valve tag numbers with location and function of each valve. 11. List of original manufacturer's spare parts, manufacturer's current prices and recommended quantities to be maintained in storage. 12. Other data as required under pertinent Sections of Specifications. B. Content for each electric and electronic system as appropriate: 1. Description of system and component parts. a. Function, normal operating characteristics and limiting conditions. b. Engineering data and tests. C. Complete nomenclature and commercial number of replaceable parts. 2. Circuit directories of panelboards. a. Electrical service. b. Controls. C. Communications. 3. As -installed color -coded wiring diagrams. 4. Operating Procedures: a. Routine and normal operating instructions. b. Sequences required. C. Special operating instructions. 5. Maintenance Procedures: a. Routine operations. b. Guide to "troubleshooting". C. Disassembly, repair and reassembly. d. Adjustment and checking. 6. Manufacturer's printed operating and maintenance instructions. 7. List of original manufacturer's spare parts, manufacturer's current prices and recommended quantities to be maintained in storage. 8. Other data as required under pertinent Sections of Specifications. C. Prepare and include additional data when the need for such data becomes apparent during instruction of Owner's personnel. 1.05 SUBMITTAL SCHEDULE A. Submit specified number of copies of approved data in final form no later than fifteen (15) days after final inspection or acceptance, but prior to applying for final payment. B. Operating and maintenance manuals shall be submitted reviewed and accepted by the Owner prior to the Final Application for Payment being processed. 1.06 INSTRUCTION OF OWNER'S PERSONNEL A. Prior to final inspection or acceptance, fully instruct Owner's designated operating and maintenance personnel in operation, adjustment and maintenance of products, equipment and systems. B. Operating and maintenance manual shall constitute the basis of instruction. C. Review contents of manual with personnel in full detail to explain all aspects of operations and maintenance. END OF SECTION 01730 - 3 0237.07 SECTION 01740 WARRANTIES AND BONDS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall compile specified warranties and bonds and specified service and maintenance contracts. B. Review submittals to verify compliance with Contract Documents. C. Submit to Architect for review and transmittal to Owner. D. Related requirements specified elsewhere: 1. Instructions to Bidders: Bid or Proposal Bond. 2. Conditions of the Contract: Performance Bond and Labor and Material Payment Bond. 3. Conditions of the Contract: General Warranty of Construction. 4. Section 01700, Contract Close -Out. 5. Section 01730, Operating and Maintenance Data. 6. Respective Sections of Specifications which specify the product. 1.02 SUBMITTAL REQUIREMENTS A. General: Submit warranties, bonds and service and maintenance contracts as specified in respective Sections of Specifications. 1. Unless otherwise indicated, all warranties shall be written in the Owner's name, and shall be transferable to future Owner(s) for the duration of the warranty period. B. Assemble warranties, bonds and service and maintenance contracts, executed by each of the respective manufacturers, suppliers and subcontractors, bound with operating and maintenance data. Manuals are specified in Section 01730. C. Number of original signed copies required: Three (3) each, or as required by number of manuals specified in Section 01730. D. Table of Contents: Neatly typed in orderly sequence. Provide complete information for each item. 1. Product or work item. 2. Firm with name of principal, address and telephone number. 3. Scope of warranty, bond or service and maintenance contract. 4. Date of beginning of warranty, bond or service and maintenance contract. 5. Duration of warranty, bond or service and maintenance contract. 6. Provide information for Owner's personnel: a. Proper procedure in case of failure. b. Conditions which might affect the validity of warranty or bond. 7. Contractor, name of responsible principal, address and telephone number. E. Format of Submittals: 1. Format: Prepare in duplicate packets. 2. Size: 8-1/2" x 11" punched sheets for standard three-ring binder. Fold larger sheets to fit into binders. 01740 - 1 0237.07 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 12/03 Section 00100 Page 9 1.03 SCHEDULE OF SUBMITTALS A. Submit documents within twenty-five (25) days after inspection and acceptance for equipment or component parts of equipment put into service during progress of — construction. B. Otherwise make submittals within twenty-five (25) days after date of Substantial Completion, prior to final request for payment. _ C. For items of work where acceptance is delayed materially beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1.04 REQUIRED WARRANTIES AND BONDS A. Bid or Proposal Bond: Refer to Instructions to Bidders. B. Performance Bond: Refer to Conditions of the Contract. C. Labor and Material Payment Bond: Refer to Conditions of the Contract. D. General Warranty of Construction: Refer to Conditions of the Contract. Unless modified — elsewhere, General Contractor shall warrant all construction materials and workmanship for a period of one (1) calendar year from the date of Substantial Completion. E. Warranties: Provide required warranties for products, materials and equipment covering _ defects in materials and workmanship for the time duration(s) specified in individual Sections. Where no specific warranty is mentioned, provide warranty coverages normally provided by the manufacturer for that product. 1. Unless otherwise indicated, all warranties shall be written in the Owner's name. -' 2. All warranties shall be transferable to future Owner(s) for the duration of the warranty period. F. Provide warranties and/or bonds for all products and services specified in the Drawings. F. Optional Bond(s): The Contractor shall retain the right to require Performance and/or Labor and Material Payment Bonds from any or all of his/her Subcontractors. G. Maintenance Agreements: None required. However, all Contractors and Subcontractors — shall be required to make service calls as requested by the Owner throughout the one-year general warranty period, at no additional expense to the Owner. END OF SECTION 01740 - 2 0237.07 Lee Martinez Farm Admin Addition City of Fort Collins, Colorado DIVISION 2 SITEWORK Section 02070 Selective Demolition Minor demolition of existing building and site materials, equipment and fixtures, as identified on the Drawings, and removal from the site. Section 02080 Hazardous Materials Upon discovery of asbestos or other hazardous materials within the building, the Contractor shall stop work in the affected area and notify the Owner. — Section 02100 Site Preparation Overlot grading and stockpiling of topsoil for reuse during final grading; site clearing and minor site demolition; finish grading and placement of topsoil prior to landscaping. Section 02221 Trenching, Backfilling and Compacting Trenching for utilities, backfilling with approved bedding and backfill materials, and compacting to minimum standards of Standard Proctor Density (S.P.D.) as required by the Soils Report. Section 02225 Structural Excavation, Backfilling. and Compacting Excavation for structures to level of original, undisturbed soil; reuse of existing backfill material or import of structural fill material and compaction to minimum standards of Standard Proctor Density (S.P.D.) as required by the Soils Report. Section 02515 Portland Cement Concrete Paving Exterior Concrete Flatwork: 4,000 psi minimum concrete paving at driveway aprons, trash enclosure and loading area aprons, and sidewalks, over granular base, thickness as recommended in the Soils Report. All exterior concrete flatwork to be reinforced with fiber reinforcing. Section 02810 Underground Irrigation System The Contractor shall move the irrigation lines as necessary (due to the addition's location) and the Contractor shall make any repairs necessary due to damage to the irrigation system during construction. Section 02930 Sodding Soil preparation and amendment; in areas disturbed during construction, install new sod to match the existing grass. 2 Lee Martinez Farm Admin Addition _ City of Fort Collins, Colorado DIVISION 3 CONCRETE Reference StructuralS1.0 DIVISION 4 MASONRY Not used. DIVISION 5 METALS Reference Structural S1.0 DIVISION 6 WOOD AND PLASTICS Section 06100 Rough Carpentry Reference StructuralS1.0. Exterior and Interior Framing: All wood is to be FSC (Forest Stewardship Council) certified. Contractor is to provide Architect/Owner with vendor invoices with the COC (Chain of Custody) numbers that comply with FSC standards. Wood products without submittal of acceptable documentation will be rejected. Exterior Framing 2x6 @ 16" o.c. Hem -Fir #2 K-D; 2x6 framing. Interior Framing: 2x4 @ 16" o.c. Hem -Fir #2 K-D; stud grade for non -load bearing walls. Roof Sheathing: 1 /2" CDX plywood or oriented strand board (OSB), glued and nailed. Wall Sheathing: 7/16" oriented strand board (OSB) where required for structural bracing. Corner and Shear Wall Bracing: Let -in steel strap angle braces, if required. Miscellaneous Furring and Stripping: 1x and 2x Hem -Fir. Curbs, Sills and Plates: Redwood or pressure -treated Hem -Fir. Simpson beam and joist hangers, clips and truss connectors. Section 06170 Prefabricated Structural Wood Reference StructuralS1.0. Section 06200 Finish Carpentry Exterior and Interior Framing: 2x6, 2x4, miscellaneous trim and siding. All wood is to be FSC (Forest Stewardship Council) certified. Contractor is to provide Architect/Owner with vendor invoices with the COC (Chain of Custody) numbers that comply with FSC standards. Wood products without submittal of acceptable documentation will be rejected. Softwood Casings, Base, Standing and Running Trim: Poplar or species to match existing, S4S, plain sawn, for transparent finish. Storage shelving: Plastic laminate finished shelving; recessed slotted standards for adjustable shelving systems. 3 Lee Martinez Farm Admin Addition City of Fort Collins, Colorado DIVISION 7 THERMAL AND MOISTURE PROTECTION Section 07115 Sheet Membrane Waterproofing Single -ply membrane waterproofing, self -adhering type, standard T-0" roll width, Ice and Water Shield by W.R. Grace or equal. Install as shown on the Drawings, or as required by project conditions. Section 07150 Dampproofing Asphaltic dampproofing applied to below -grade concrete foundation walls. 1. Liquid -type, spray applied, clear or gray colors only. Section 07190 Vapor Retarders 6 mil poly vapor barrier where shown on the Drawings. Section 07200 Building Insulation Furnish and install the following building thermal and acoustical insulation materials, completely filling _ all voids and providing thermal barrier without penetrations: 1. Attic and Exterior Wall Insulation: Faced blanket -type fiberglass batt insulation, R-38 at roof and R-19 at walls. _ 2. Acoustical Insulation: Unfaced blankets in all interior walls. Section 07215 Foundation Insulation Furnish and install the following building thermal insulation materials for foundation systems: 1. Perimeter Foundation Insulation: 1-1 /2" extruded polystyrene rigid board insulation, adhered to concrete foundation walls. Section 07466 Wood Siding and Trim Wood Siding (Exterior and Interior): 1x6, shiplap siding to match the existing siding. Contractor is to submit a sample prior to ordering wood. All wood is to be FSC (Forest Stewardship Council) certified. Contractor is to provide Architect/Owner with vendor invoices with the COC (Chain of Custody) numbers that comply with FSC standards. Wood products without submittal of acceptable documentation will be rejected. Section 07610 Prefinished Metal Roofing Prefinished 24-gage, corrugated metal roof to match the existing roof,: with baked -on Kynar 500 finish (to _ match existing finish), with associated flashings, cap, ridge and eave trims, seamless gutters and downspouts. Neoprene closer strips required at all roof edges. Secondary Underlayment: Provide single -ply sheet membrane waterproofing as specified in Section _ 07115. Apply to overhanging roof eaves and valleys, and extend over heated area of roof minimum T-0", where shown on the Drawings. Section 07621 Galvanized Metal Flashing and Trim _ Prefinished galvanized flashings, valley flashings and wall -to -roof transition flashings, as shown on the Drawings. New flashings to match the profile of the existing flashings. Provide material gages as follows: 1. Exposed Wall -to -Roof Transition Flashings: 24-gage. 2. Roof Valley Flashings: 26-gage. Section 07900 Sealants and Joint Fillers Exterior Areas: One- or two-part polyurethane -based elastomeric sealants. Interior Areas: One -part general-purpose, non -staining acrylic latex and silicone -based caulk for interior or exterior use. 4 Lee Martinez Farm Admin Addition City of Fort Collins, Colorado DIVISION 8 DOORS AND WINDOWS Section 08110 Standard Steel Doors and Frames Exterior Insulated Doors: 16-gage flush -face sheets over insulated foam core. Interior Steel Doors: 18-gage flush -face sheets over honeycomb core, except use 16-gage over 36" leaf width. Steel Frames: 16-gage standard profile, except use 14-gage for all exterior doors and for interior doors over T-0" width. Provide silencers in door frame for all interior doors not specified to receive smoke gaskets. Section 08610 Wood Windows Fixed and operable sliding, casement- and awning -type prefinished aluminum -clad wood windows, by Pella, Marvin, Andersen Sierra Pacific, or Kolbe Et Kolbe only, manufacturer's standard color finishes. Provide double insulated glazing Low-E tinted glass; insect screens on all operable units. Hardware: All ventilating units are to be provided with manufacturer's standard interior and exterior vinyl weatherstripping, roto gear operations, locks, locking handles and strikes. All units will be lockable. 1. Finish: Manufacturer's standard "Champagne" finish. Grilles: None. Finish: Prefinished aluminum clad exterior, electrostatically coated; natural wood interior for stain and seal - transparent finish. Refer to Section 09930. Cladding Color: White to match existing. Section 08700 Finish Hardware Commercial: Door hardware by Schlage, match City of Fort Collins standards, finished to match existing hardware, including butt hinges, locksets, latchsets, deadbolts, thresholds, weatherstripping and specialty hardware items. Provide lever trims at all new doors. Community Building/Commercial: 1. Group A Entrance/Exits (Hollow Metal) 1 1 /2 pr. Hinges 1 ea. Entry lockset with lever trim - F-81 (451) 1 ea. Deadbolt - E-2141 1 ea. Closer - LCN 4000 Series 1 ea. Threshold 1 ea. Door Sweep 1 set Weatherstripping 1 set Kickplate (stainless steel 12" both sides) 2. Group B Office 1 1 /2 pr. Hinges 1 ea. Lockset, with lever trim - F-81 (451) 1 ea. Stop 3. Group C Storage Rooms and Closets 1 1 /2 pr. Hinges 1 ea. Lockset - F-86 (457) 1 ea. Stop 5 Lee Martinez Farm Admin Addition City of Fort Collins, Colorado 4. Group D Classrooms 1 1 /2 pr. Hinges 1 ea. Classroom lockset with lever trim 1 ea. Closer - LCN 4000 Series 1 ea. Stop Keying: Provide two (2) sets of keys for each keyed group as follows: 1. Key entries together. 2. Key each office and classroom separately. 3. Key storage rooms together. 4. Key Silo Store separately. 5. Key entire Project to the Owner's existing master key system. Section 08800 Glass and Glazing 1. Sealed 3/4" or manufacturer's standard thickness insulated glazing, two panes of 3/16" glass with 3/8" air space, at all exterior doors and windows, Low-E tinted. All glass in doors, sidelites or within T-0" of a door shall be polished tempered glass. 2. 1 /4" polished tempered glass, clear, at all interior doors and sidelites. Lee Martinez Farm Admin Addition City of Fort Collins, Colorado DIVISION 9 FINISHES Section 09260 Gypsum Wallboard Systems Specify the technical requirements for all gypsum wallboard materials, systems and accessories. 1. Interior partition walls, soffits and ceilings: 5/8" gypsum wallboard; screw installed, taped and spray -textured. 2. Miscellaneous gypsum wallboard accessories as required for particular applications, including corner beads, corner mouldings, reveal mouldings and expansion joints. Section 09330 Quarry Tile Floor Tile: Match existing tile, 6" x 6" x 1 /2" thick. Section 09900 Painting All paints (exterior and interior) shall be in compliance with the Greenseal Document GS-11. VOC limits: Flat Paint: 50 g/L; Gloss Paint: 150 g/ L. The Contractor shall submit cut sheets confirming VOC and GS-11 compliance. Approved Manufacturers: 1. Kelly -Moore Paints: Enviro-Cote. 2. ICI Dulux Paints: Lifemaster 2000. 3. Sherwin Williams: Harmony. 4. Benjamin Moore: Ecospec. 5. AFM Safecoat Paints. One coat primer and two coats finish for various substrates. 1. Exterior Hollow Metal or Ferrous Metal Surfaces: Primer: Shop prime or inhibitive metal primer. Finish: Alkyd semi -gloss enamel, two (2) coats. 2. Exterior Painted Wood or Hardboard Surfaces: Primer: Acrylic latex wall primer. Finish: Alkyd semi -gloss enamel, two (2) coats. 3. Interior Gypsum Wallboard and Plaster Surfaces: Primer: Acrylic latex wall primer. Finish: Acrylic latex satin wall paint, two (2) coats. 4. Interior Hollow Metal or Ferrous Metal Surfaces: Primer: Shop prime or inhibitive metal primer. Finish: Alkyd semi -gloss enamel, two (2) coats. Section 09930 Transparent Finishes One coat stain/sealer and two coats polyurethane finish for various wood surfaces: 1. Interior Stained Wood Doors, Casings, and Trims: Primer/Stain: Semi -transparent alkyd -oil interior wiping stain/sealer to match existing wood casings and trim. Use low VOC stain. Finish: Clear satin polyurethane finish to match existing wood. Use low VOC finish. 7 Lee Martinez Farm Admin Addition City of Fort Collins, Colorado DIVISION 10 SPECIALTIES Not used. DIVISION 11 EQUIPMENT Not used. DIVISION 12 FURNISHINGS Section 12512 Window Coverings 1" aluminum slat horizontal blinds for all new windows. No window coverings are required for full lite entry doors and sidelites. Submit color sample for Architect/Owner approval. DIVISION 13 SPECIAL CONSTRUCTION Not used. DIVISION 14 CONVEYING SYSTEMS Not used. DIVISION 15 MECHANICAL Reference Mechanical Drawings. DIVISION 16 ELECTRICAL Reference Electrical Drawings. END OF SPECIFICATION 0 Lee Martinez Farm Admin Addition City of Fort Collins, Colorado N,p SOILS AND FOUNDATION INVESTIGATION ADDITION TO THE ADMINISTRATION BUILDING THE FARM AT LEE MARTINEZ PARK FORT COLLINS, COLORADO Prepared For: CITY OF FORT COLLINS OPERATION SERVICES 117 Mason Street PO Box 580 Fort Collins, Colorado 80522-0580 Attention: Mr. Steve Seefeld Facilities Project Manager Project No. FC03527-125 June 30, 2005 4001 Automation Way I Unit 2011 Fort Collins, Colorado 80525 Telephone:970-206-9455 Fax:970-206-9441 SECTION 00300 BID FORM 01 TABLE OF CONTENTS SCOPE 1 SUMMARY OF CONCLUSIONS 1 SITE CONDITIONS 2 PROPOSED CONSTRUCTION 2 INVESTIGATION 2 SUBSURFACE 3 FOUNDATIONS 3 SLAB -ON -GRADE FLOOR 4 STRUCTURAL FLOOR 5 WATER SOLUBLE SULFATES 7 SURFACE DRAINAGE 7 LIMITATIONS g FIGURE 1 - LOCATIONS OF EXPLORATORY BORINGS FIGURE 2 - SUMMARY LOGS OF EXPLORATORY BORINGS FIGURE 3 - SWELL CONSOLIDATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS CITY OF FORT COLLINS OPERATION SERVICES ADDITION TO ADMINISTRATION BUILDING THE FARM AT LEE MARTINEZ PARK CTL I T PROJECT NO. FC03527-125 In SCOPE This report presents the results of our soils and foundation investigation for the proposed addition to the administrative building at The Farm at Lee Martinez Park in Fort Collins, Colorado. We were retained to investigate the subsurface conditions at the addition site and to recommend geotechnical design criteria for design and construction of the addition. Included in this report are descriptions of the subsurface conditions found in our borings, our characterization of the engineering properties of the subsoils, a recommended foundation type(s) for the addition, and other design and construction details influenced by the subsoils. Our opinions are summarized in the following paragraphs. More complete descriptions of the subsurface conditions, results of our field and laboratory investigations and our opinions, conclusions and recommendations are included in the subsequent sections of this report. SUMMARY OF CONCLUSIONS 1. We drilled two borings for the proposed addition. One boring (TH-1) penetrated 4.5 feet of loose to medium dense, clayey sands over 6 feet of dense, gravelly sands underlain by hard to very hard, claystone bedrock at 10.5 feet. The second boring (TH-2) penetrated 3 feet of medium dense, clayey sands over 4 feet of stiff, sandy clays over 2.5 feet of dense, gravelly sands over 2.5 feet of fine, claystone bedrock underlain by very hard claystone bedrock at 12 feet. The bedrock was harder at depth. Ground water was not encountered when the borings were drilled. 2. In our opinion, the addition to the administration building can be founded on spread footings bearing on the undisturbed natural soils below frost depth. Design criteria are included in this report. 3. The natural soils or non -swelling structural fill can be the subgrade for a slab -on -grade floor. CITY OF FORT COLLINS OPERATION SERVICES ADDITION TO ADMINISTRATION BUILDING 1 THE FARM AT LEE MARTINEZ PARK CTL I T PROJECT NO. FC03527.125 SITE CONDITIONS The Farm is an agricultural learning center operated by the City of Fort Collins with various outbuildings and animal pens designed to simulate an operational farm. It is located in the southwest corner of Lee Martinez Park in the northern part of Fort Collins, Colorado. The park is bordered on the north and east by the Poudre River and much of the park is located in the flood plain of the river. The Farm is located at a higher elevation than the rest of the park. The proposed addition will be added to the north side of the existing administration building at the northwest corner of the parking lot. The existing building -is a single story wood framed structure with exterior wood siding. Currently the location of the proposed addition is a grassy area with assorted shrubs and trees. The surrounding area has been developed with sidewalks, grassy areas and other buildings. PROPOSED CONSTRUCTION The proposed office addition will be a one story, wood -frame structure with exterior wood siding. It will be added to the north side of the existing building and will include a small ticket office on the east side. At this time the proposed addition is not expected to have a basement. We have assumed for our analysis the ground floor of the building will be constructed at the same elevation as the ground floor of the existing building. We understand that the maximum wall loads are expected to be 800 pounds per linear foot of wall and the maximum column loads will be 7 kips. The building may have either a slab -on -grade floor or a '- structural floor over a crawl space. INVESTIGATION Our field investigation was drilling two borings, TH-1 and TH-2, to 20 feet and 35 feet deep respectively, in the area of the proposed addition. Locations of our exploratory borings are shown on Figure 1, attached. The borings were advanced using 4-inch diameter continuous flight power auger and a truck- _ CITY OF FORT COLLINS OPERATION SERVICES ADDITION TO ADMINISTRATION BUILDING 2 THE FARM AT LEE MARTINEZ PARK CTL I T PROJECT NO. FC03527-125 mounted rig. Drive samples were taken at intervals as the borings were advanced with a California drive sampler. Summary logs of our borings are on Figure 2, attached. The samples were returned to our laboratory for testing. The samples were classified by a geotechnical engineer. Samples were selected and tested for moisture content, dry density, swell/consolidation and water-soluble sulfates. Laboratory test results are shown on Figure 3 and are summarized in Table 1, attached. SUBSURFACE We drilled two borings for the proposed addition. One boring (TH-1) penetrated 4.5 feet of loose to medium dense, clayey sands over 6 feet of dense, gravelly sands underlain by hard to very hard, claystone bedrock at 10.5 feet. The second boring (TH-2) penetrated 3 feet of medium dense, clayey sands over 4 feet of stiff, sandy clays over 2.5 feet of dense, gravelly sands over 2.5 feet of firm, claystone bedrock underlain by very hard, claystone bedrock at 12 feet. The bedrock was harder at depth. Ground water was not encountered when the borings were drilled. FOUNDATIONS We have considered several type foundations for founding the office addition, including footings bearing on the natural ground and straight -shaft drilled piers into the claystone bedrock. In our opinion, spread footings are a feasible foundation alternative and considerably less costly than piers. For this reason we have not discussed straight -shaft drilled piers further in this report. We can provide geotechnical design criteria for straight -shaft drilled piers, if requested. We recommend the following criteria for the design of spread footings. CITY OF FORT COLLINS OPERATION SERVICES ADDITION TO ADMINISTRATION BUILDING 3 THE FARM AT LEE MARTINEZ PARK CTL I T PROJECT NO. FC03527-125 1. Footings bearing on undisturbed natural soils. Where soil is loosened during excavation it should be removed and replaced with engineered fill constructed of on -site soils or similar off -site soils, that have a maximum size of 4 inches and that is placed in 8-inch maximum loose lifts at 2 percent below to 2 percent above optimum moisture content and compacted to at least 95 percent of standard maximum dry density (ASTM D 698). 2. Footings bearing on the natural soils and/or engineered fill can be designed for a maximum soil bearing pressure of 2,500 psf. 3. Footings should have a minimum width of at least 16 inches. Foundations for isolated columns should have minimum dimensions of 20 inches by 20 inches. Larger sizes may be required depending on load and the structural system used. 4. Exterior footings should be protected from frost action. We believe 30 inches of frost cover is appropriate for this site. 5. Foundation walls for continuous footings should be well reinforced both top and bottom. We recommend the amount of steel equivalent to that required for a simply supported span of 10 feet. The soil bearing pressure can be increased 30 percent for short duration live loads such as wind loads. 6. Completed footing excavations should be inspected by a representative of our firm to confirm that the soils are as we — anticipated from our borings. Occasional loose soils may be found in foundation excavations. If this occurs, we recommend the loose soils be treated as discussed in Item 1 above. _ 1C�1��P.1sr1�lZ����Z�73 We have assumed that the finished ground floor elevation will be the same as the ground floor elevation of the existing building. If a slab -on -grade floor is selected, it will likely be necessary to place engineered fill inside the foundation walls to achieve the desired subgrade elevation. In our opinion, the on -site soils or similar non -expansive off -site soils free _ of organic matter or other deleterious materials can be used to construct the engineered fill under the floor. Engineered fill under the addition floor constructed of the on -site soils or similar off -site soils should have a maximum CITY OF FORT COLLINS OPERATION SERVICES ADDITION TO ADMINISTRATION BUILDING 4 THE FARM AT LEE MARTINEZ PARK CTL I T PROJECT NO. FC03527-125 size of 4 inches and should be placed in 8-inch maximum loose lifts at 2 percent below to 2 percent above optimum moisture content and compacted to at least 95 percent of standard maximum dry density (ASTM D 698). Prior to placing fill, all vegetation should be cleared from the surface of the natural ground. We suggest the following recommendations for slab -on -grade, ground floor construction: 1. Slabs should be separated from exterior walls and interior bearing members with a slip joint that allows free vertical movement of the slab. Utilities, which pass through the slab, should be isolated from the slab. Interior partitions should be designed to prevent the transmission of slab movement to the building frame and interior walls. 2. A vapor retarder can be placed under the slab -on -grade floor. If the floor slab is placed directly on the ground, we recommend a plastic sheet on the ground and the vapor retarder on the plastic sheet with the concrete placed on top of the vapor retarder. If a capillary rise "break" is desired we recommend a plastic sheet on the ground, 4- inch thick free -draining, reasonably well -graded sand or sand and gravel on the plastic sheet, the vapor retarder on the sand or sand and gravel with the concrete placed on top of the vapor retarder. 3. Exterior concrete flatwork should be separated from the building. This concrete should be reinforced to function independent of the building. Movement of exterior slabs should not be transmitted to the foundations. Frequent control joints should be provided in the slab to reduce problems associated with shrinkage. The American Concrete Institute (ACI) recommendations should be followed. STRUCTURAL FLOOR If a structural floor is used over a crawl space, there are design and construction issues, such as ventilation and lateral loads, that must be considered. Crawl space walls should be designed for lateral earth pressures. Many factors affect the value of the design lateral earth pressure. These factors include, but are not limited to, the type, compaction, slope and drainage of the backfill, and the rigidity of the wall against rotation and deflection. For a very rigid wall where negligible or very little deflection will occur, an "at -rest" lateral earth pressure CITY OF FORT COLLINS OPERATION SERVICES ADDITION TO ADMINISTRATION BUILDING THE FARM AT LEE MARTINEZ PARK CTL I T PROJECT NO. FC03527-125 Fin should be used in design. For walls that can deflect or rotate 0.5 to 1 percent of the wall height (depending upon the backfill types), lower "active" lateral earth pressures are appropriate. Our experience indicates basement walls can deflect or rotate slightly under normal design loads, and that this deflection results in satisfactory wall performance. Thus, the earth pressure on the walls will likely be between the "active" and "at -rest' conditions. If on -site soils are used as backfill and the backfill is not saturated, we recommend design of basement walls for the primary care building using an equivalent fluid density of at least 45 pcf. These values'assume deflection; some minor cracking of walls may occur. If very little wall deflection is desired, higher design density may be appropriate. Recent experience indicates for similar subsoils, most basement walls designed with 45 pcf to 50 pcf equivalent fluid density have performed satisfactorily. We understand recent designs and some local building code changes have resulted in enhancements including two-way reinforcement (a mat of steel) in basement walls or other measures, such as thicker walls. We believe the recent enhancements will improve foundation wall performance compared to historical practice. The structural engineer should also consider site -specific grade restrictions and the effects of large openings on the behavior of the walls. The required air space depends on the materials used to construct the floor. Building codes require a clear space of 18 inches above exposed earth if untreated wood floor components are used. Where other floor support materials are used, a minimum clear space of 6 inches should be maintained. This minimum clear space should be maintained between any point on the underside of the floor system (including beams and floor drain traps) and the surface of the exposed earth. Utility connections, including water, gas, air duct and exhaust stack connections to floor supported appliances, should be capable of absorbing some deflection of- the floor. Plumbing that passes through the floor should ideally be hung from the underside of the structural floor and not laid on the _ bottom of the excavation. This configuration may not be achievable for some CITY OF FORT COLLINS OPERATION SERVICES - ADDITION TO ADMINISTRATION BUILDING 6 THE FARM AT LEE MARTINEZ PARK CTL I T PROJECT NO. FC03527-125 "� parts of the installation. It is prudent to maintain the minimum clear space below all plumbing lines Control of humidity in crawl spaces is important for indoor air quality and performance of wood floor systems. Our scope for this project did not include providing recommendations to control humidity. Nevertheless, since we are involved in this type of work we feel we should comment. We believe the best current practices to control humidity involve the use of a vapor retarder (10 mil minimum), placed on the exposed soils below accessible sub -floor areas. The vapor retarder should be sealed at joints and attached to concrete foundation elements. If desired, we can provide designs for ventilation systems that can be installed in association with a vapor retarder, to improve control of humidity in crawl space areas. WATER SOLUBLE SULFATES We measured water-soluble sulfate concentrations in a sample of soil from the building area of 0.02 percent (Table 1). According to the Portland Cement Association criteria, Type I cement can be used in concrete exposed to the foundation soils. SURFACE DRAINAGE Wetting of foundation soils always causes some degree of volume change in soils and should be prevented during and after construction. The risk of wetting the foundation soils can be reduced by planned and maintained surface grading. We recommend the following precautions be observed during construction, and that they be maintained at all times after completion of the addition: 1. Prevent surface water from flowing into footing excavations during construction. CITY OF FORT COLLINS OPERATION SERVICES ADDITION TO ADMINISTRATION BUILDING 7 THE FARM AT LEE MARTINEZ PARK CTL I T PROJECT NO. FC03527.125 2. The ground surface surrounding the exterior of the addition should be sloped to drain away from the addition in all directions. 3. Backfill around foundation walls should be on -site soils placed in thin lifts, moisture conditioned to 2 percent below to 2 percent above optimum moisture content and compacted to at least 90 percent of standard maximum dry density (ASTM D 698). All backfill that supports pavement or sidewalks should be compacted to at — least 95 percent of standard Proctor maximum dry density (ASTM D 698). 4. Roof downspouts and drains should discharge well beyond the limits of all backfill. We recommend providing splash blocks at all downspout locations. Concrete swales can be used to convey concentrated water flows through paved areas to drains and gutters. LIMITATIONS Although our borings were spaced to obtain a reasonably accurate picture of subsurface conditions, variations in the subsoils not indicated in our borings are always possible. We should inspect footing excavations to confirm soils are as we anticipated from our borings This report was prepared from data developed during our field exploration, laboratory testing, engineering analysis and experience with similar conditions. The recommendations contained in this report were based upon our understanding of the planned construction. If plans change or differ from the assumptions presented herein, we should be contacted to review our — recommendations. We believe this investigation was conducted in a manner consistent with that level of skill and care ordinarily used by members of the profession currently — practicing under similar conditions in the locality of this project. No warranty, express or implied, is made. CITY OF FORT COLLINS OPERATION SERVICES .. ADDITION TO ADMINISTRATION BUILDING 8 THE FARM AT LEE MARTINEZ PARK CTL I T PROJECT NO. FC03527-125 ear If we can be of further service in discussing the contents of this report or in the analysis of the addition from the geotechnical point -of -view, please call. CTL j THOMPSON, INC. John J Boulden Staff Engineer Frank J. Holliday, PE, CCE Senior Consultant JJB:FJH:bly (3 copies sent) 2 cc: Aller Lingle Architects, PC 712 Whalers Way Fort Collins, Colorado 80525 Attn.: Mr. Chris Freeland 1 cc: KL & A 4412 West Eisenhower Boulevard Suite 200 Loveland, Colorado 80537 Attn.: Mr. Eric Moe CITY OF FORT COLLINS OPERATION SERVICES ADDITION TO ADMINISTRATION BUILDING 9 THE FARM AT LEE MARTINEZ PARK CTL I T PROJECT NO. FC03527.125 r Ariwi.tt s1r°atir e Services �rrrr rrr rrorrrirrurr�rrn��� Purchasing DiNkon ...__........... _...._.._..._.._..... .._._..._....... — City of. Fart Collins ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: 5942 Lee Martinez Farm Addition OPENING DATE: November 1, 2005 (Our Clock) 3:00 P.M. To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. GENERAL 1. Per the specifications, testing will be paid for by the city through CTL Thompson. 2. Any surveying required is the responsibility of the contractor. 3. Site will be unavailable for construction work on the following days: Thursday, 12/01/05 through Sunday 12/04/05. 4. Site will be unavailable for construction work on the following afternoons: Friday 12/09/05 through Sunday 12/1 1 /05, and Friday 12/16/05 through Sunday 12/18/06. 5. Relative to item numbers: 3. and 4. above, seven (7) days be added to the contract period by change order after the agreement is executed. 6. The Farm is closed for business Mondays and Tuesdays. However, the Contractor will have access to the site during these times. Arrangements to be made at Pre - construction conference. 7. There will be an area provided for staging during construction operations. To be arranged during Pre -construction conference. DRAWINGS 1. The square footage of the new addition is on the cover sheet - 670 sgft. 2. D1.1 - Remove the note "Existing roof and trusses to be removed and new roof and trusses to be installed" from 2 & 5 / D1.1. New roof trusses are to be installed per structural drawings. 3. A1.0 - Flooring tag at in Vestibule A100 at door A101 change tag F-3 to F-1. 4. A1.0 — Change "F-2" tag in building system notes to read"New VCT flooring (color to be selected by owner) 5. A4.0 — Change note on 8/A4.0 from "(2) LVL beam Cont. — Ref. Structural" to read "Beam — Ref. Structural — Typical" 6. A4.0 — Change Window type "D" dimensions from a (4'-6" x 4'-4") to (5'-0" x 4'- 011 ) . 7. A4.0 — All operable windows are to come with removable bug screens. ATTACHMENTS Pre -Bid Conference Attendance Record If you have questions, please contact John Stephen, CPPO, CPPB, Senior Buyer at 970-221- 6775. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 215 North Mason Street - 2"d Floor • P.Q. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.feov.com i.I MICO)\91ZIki1.11 BID FORM PROJECT: 5942 Lee Martinez Farm Addition Place: 215 N. Mason Date: Nov. 1" 2005, 3:OOpm In compliance with your Invitation to Bid dated October 66' 2005, and subject to all conditions thereof, the undersigned Empire Carpentry a Limited Liability Company authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of 5% of Bid Price, in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to fiunish the specified performance and payment bonds is as follows: Western Surety Company, South Dakota 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. 1 through I . 7/96 Section 00300 Page 1 SCALE: 1 "=10' GATE SIDEWALK w TH -1 U W OLL Z W a O O GRASSY AREA EXISTING BUILDING CONSIDERED IN THIS INVESTIGATION LEGEND TH-1 INDICATES APPROXIMATE LOCATION OO OF EXPLORATORY BORING Wim �.1 LtC10ARn1MZPMK VICINITY MAP (FORT COLLINS AREA) NO SCALE TH -2 OO ® m D r COVERED ENTRANCE CITY OF FORT COLLINS OFFICE ADDITION TO BUILDING CTL I T PROJECT NO. FC-03527-125 Location of Exploratory Borings FIGURE 1 TH-1 El. 99 100 F 90 w LU LL Z O w J w 80 7/12 15/12 50112 50/8 50/6 TH-2 El. 98.5 100 11112 8/12 29112 9dw LL Z O 5015 Q w J 80 w 5016 70 ® 170 5015 LEGEND: SAND, CLAYEY, LOOSE TO MEDIUM DENSE, MOIST, BROWN (SC) © CLAY, SANDY, STIFF, MOIST, BROWN (CL) GRAVEL, SANDY, MEDIUM DENSE TO DENSE, MOIST TO VERY MOIST, BROWN (SP-GP) ® CLAYSTONE, FIRM, MOIST, OLIVE (CL) (BEDROCK) ® CLAYSTONE, HARD, MOIST, GREY (BEDROCK) DRIVE SAMPLE. THE SYMBOL 7/12 INDICATES 7 BLOWS OF A 140-POUND HAMMER FALLING 30 INCHES WERE REQUIRED TO DRIVE A 2.5-INCH O.D. SAMPLER 12 INCHES. NOTES: 1. THE BORINGS WERE DRILLED ON JUNE 23,2005 , USING 4-INCH DIAMETER CONTINUOUS -FLIGHT AUGER AND A TRUCK -MOUNTED DRILL RIG. 2. THESE LOGS ARE SUBJECT TO THE EXPLANATIONS, LIMITATIONS AND CONCLUSIONS IN THIS REPORT. CITY OF FORT COLLINS SUMMARY LOGS OF EXPLORATORY BORINGS _ OFFICE ADDITION TO BUILDING CTL I T PROJECT NO. FC03527.125 FIGURE 2 7 6 5 4 3 2 1 0 -1 -2 -3 z O N z a a X -5 w 0 z O -s rn to Ix IL -7 O U DUE TO 0.1 1.0 10 100 APPLIED PRESSURE - KSF Sample Of SAND, CLAYEY (SC) SAMPLE DRY UNIT WEIGHT= 107 PCF From TH-2- AT 4 FEET SAMPLE MOISTURE CONTENT= 19.4 % PROJECT NO. FC03527-125 Swell Consolidation Test Results FIG.3 P�i F J 7 w W K F w W F } W 0 J [i1 F mm J LL 0 } Q TL y LO N r N LO U LL U z U w 0 w a F — J F. U 8. BID SCHEDULE (Base Bid) Lump Sum: $160,562.96 In Words: One Hundred Sixty Thousand, Five Hundred Sixty Two Dollars and 96 cents. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty—five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: Empire Carpentry LLC Z Signature Date: November V% 2005 evin Murray er Lt erase Number : Cl- (Seal -if Bid is by corporation) Attest: Address: Empire Carpentry, LLC PO Box 245 Bellvue, CO 80512 Phone: 970-493-3499 Fax: 970-493-2088 e-mail: empirenn.verinet.com 7/96 Section 00300 Page 2 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors oo� Western Surety Company BID BOND (Percentage) @fin Number: 69993969 KNOW ALL PERSONS BY THESE PRESENTS, That.we mi carpentYy, LLC _ _ _. — of P. O. AEx k45, $e11we, po so5iz —. --, hereinafter referred to as the Principal, and as Surety, are held and firmly bound unto r, v ofCo 14 ns-- —• --- of 215 N. MaaQn st. , Fort Collins{•,CO 80524 hereinafter referred to as the Obligee, in the sum of _. Five _. —(-. O %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for —_ .. Addition .Ta_MXJstinv_gt�tue--..--. - NOW, THEREFORE, If the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter Into the contract in writing and give, such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fa!) to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect SIGNED, SEALED AND DATED this _ zst -- day of —.... ove, er ._, _.,zoos, _. &mraire CAr ent_�,_ LLC (Principal) By Western su, etv Company—� GA401G9 (Surety) RA By aj 2 C*0 CAA G .Vj)WZE U LHAUER Attomey4n-Pact Form F5570 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Boom, -_6, 93969 Know All Man By These Presents, that WESTERN SURETY COMPANY, a =Poration duly organiaod and existing under the laws of the State of South Dakota, and having its principal aftee in Sioux Falls, South Dakota (the "Company"), does by these presents :was, constitute and appoint _DyiBgp_ Knr .saran e its true sad lawful attorneys}in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: PrincipaL- Empire Carpentry, LLC Obligee: City of Fart: Collins Amount: $500, 000. 00 and to hind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly atteated by its Secretary, hereby ratifying and confirming all that the said attorney(s).in•fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powe.re of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Saoteoo, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings fn the name of the Company. The corporate seal is not neowary for the validity of any bonds, policies, undertaltfngs, Powers of Attorney or other obligations of the corporation- The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of — Fei7rtta?Y•-6. 20.Q6 but until such time shall be irrevocable and in full force and effect. In Witness Whereof; Western Surety Company has caused them presents to be signed by. its Senior Vice President, Paul T. Bruflat, WA" gate seal to be atkxed this _. 19t , day Of —VQW6 J2®r-- , —240 5 . ,rSVREi'y�So .' WES STJRE Y COMPANY tya4 ; ra Paul T. Brufia niar Vice President ti ST zIT C TW On this — 1st . day of—No3C.T�Tet . in the year-2.0 Q 5_., before me, a notary public, personally appeared Paul T. Brunet, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the afareaaid officsr of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dead of id corporation. ♦r�K W,MYAtir�M.hNMWti1w $ D. KRELL 7 Nontmr PUp1.IC ± — otary Public • South Dakota sourlow oatatx� � W M'1w�4�MwwYhww4vM4Y�1 f My Commission Expires November 30, 2006 l the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto get my hand and seal of Western Surety Company this ISt — day of _ NaVember ., _20 WES SURE Y COMPANY pa ruIIat enior Vice Presidsnt Feint F6906+2002 r 0 ACKN0wLtDGm7,xT OF suRr, TY STATE OF WISCONSIN.� (Attorney -in -Fact) COUNTY Or, DANE as gay On this Ist day of November v;5— •._,,,,'hofore raa, a notary puhho W and for said County, parsarwily appedred �'iTalWard hall suer to me personally known and being by me duly sworn, did any, that he is the Attorney-in-b'ac't'of WZ8iTk1`F'S11RLTY COMPANY, a corporation of Sioux Falls, South'Dakota, oreated,. organised and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was axecutad an behalf of the said corporation by authority of its Board of Directors And that the said Edward Hallbauer �. acknowledges said instrument to be the fraa set and deed of said corporation and that he has au ority to sign said instrument without affixing the corporate seal of said. corporation. ) IN'WTTNLSS WHEREOF,1' have herountc aubscribad mynama and faxed Y fIIcial seal a WjgCONSTN. the day and year last above written. / My commission empires ,�(,� AUG. 2 2009 Notary Public Porn, 1 oa - 4-20e0 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. i . Name of Bidder: Empire Carpentry LLC 2. Permanent main office address: Mail & legal: PO Bog 245, Bellvue, CO 80512 (Shop local: 521-1/2 Sycamore St, Fort Collins, CO 80521) 91 6. 8. 10 When organized: September, 1979 If a corporation, where incorporated: Colorado, LLC How many years have you been engaged in the contracting business under your present firm or trade name? 26 years Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) • Wurz Residence Remodel ($120,000) Start:12/15/05 End: 11/15/05 General character of Work performed by your company: Historic rehabilitation and stabilization of historic properties, including residences and commercial. Remodels and additions to existing structures. Have you ever failed to complete any Work awarded to you? If so, where and why? No Have your ever defaulted on a contract? If so, where and why? No Are you debarred by any government agency? No If yes list agency name. 7/96 Section 00420 Page 1 of 5 12. 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. Rocky Mountain National Park Historic Rehabilitation $45,000.00 Completed August 2005 Roxborough State Park Emergency Stabilization $25,000.00 Completed March 2005 Mozer Residence — Fort Collins Addition / Remodel $210,000 Completed September 2005 Nance Residence — Fort Collins Historical remodel $87,000 Completed August 2005 City of Fort Collins Trolley Barn Historical tenant finish $88,549 Completed July 2004 Berrittini-Heath Remodel — Fort Collins Completed May 2003 1940's residential remodel $67,000 Massey Remodel — Bellvue, CO Completed May 2003 Contemporary residential remodel $98,319 Zeidner Residence — Fort Collins Completed Nov 2002 Contempoary residential addition/ remodel $96,370 Laupa Garage — Fort Collins Completed Oct 2002 Historic stabilization/remodel $14,269 Nix Farm (Ft Collins Dept Nat Resources) — Fort Collins Completed Oct 2002 Historic restoration sub for Cottier Const $21,300 Dearfieid Townsite (OT Jackson Home) — Dearfield, CO Completed Jun 2002 Historic stabilization $68,000 Haines Addition -Remodel — Fort Collins Completed Aug 2001 Addition/ Historic residential remodel $180,130 List your major equipment available for this contract. Skilled labor and specialized hand tools. Wood shop: Belsaw Planer Bandsaw Delta Jointer Radial Arm Saw Rockwell Shaper Pneumatic Tools Site Specific Power Tools 7/96 Section 00420 Page 2 of 5 13. Experience in construction Work similar in importance to this project: Overland Trail Stage Station Virginia Dale, Colorado Architect: Charles Mayhugh Funding: in part Colorado State Historical Fund Work completed: Stabilization of structure with new point load pier system, rebuilding of stone foundation (including locating similar stone), and replacement of rotted away, hand-hewn sill logs with replication of original mortise and tenon log joinery and hewing techniques. OT Jackson Home Dearfield, Colorado Owner: Black American West Museum Architect: Andrews & Anderson Funding: in part Colorado State Historical Fund Work Completed: Helped assess the scope of work. Supervised the lifting and moving of house off existing foundation, excavation and placing of new concrete foundation. Supervised re -placement of house on new foundation, parging of foundation, rebuilding of chimneys, and laying of block foundation under addition. Repaired roof, walls, and floor structure to stabilize building. Repaired siding, facia, and other visual aspects. Rebuilt front porch structure. Built new storm windows to cover windows, and repaired window frames to support storms. Other carpentry, as needed by plans. One West Art Center (Old Fort Collins Post Office) Phase 1 201 South College Ave. Fort Collins, Colorado Architect: Hill and Associates National Register of Historic Places Work completed: Restoration of Corbels, rosettes, brackets, and fascia detail. Work done to Secretary of Interior's Standards for Rehabilitation. Earnest Waycott House 1501 West Mountain Ave. Fort Collins, Colorado National Register of Historic Places Work completed: Rehabilitation of the exterior including restoration of front porch rail with original pieces and replacing missing pieces with similar, restoration of trim and soffitt detail, and repair/ repointing of sandstone foundation. Work done to Secretary of Interior's Standards for Rehabilitation. Cross Residence 300 Peterson St. Fort Collins, Colorado Work Completed: Returning a duplex into it's original single family residence historically correct state. Manufacture trim to match existing trim (including newel posts). Remove and relay original fir floor. Stucco patching. Repair soft brick walls. Repair plaster walls. 7/96 Section 00420 Page 3 of 5 Saint Peter's Fly Shop 202 Remington Fort Collins, Colorado Work Completed: Supervise re -pointing of all masonry on building. 14. Background and experience of the principal members of your organization, including officers: Kevin Murray, Manager Timber Framer's Guild of North America. Construction Manager for 27 years. See attached resume for detailed background and experience Chuck Williss, Master Carpenter Has made significant contributions to all Empire Carpentry projects since 1989. Chuck has attended Architectural Preservation Institute Preservation Technology Workshops for wood preservation and completed window restoration training with exhibit specialists from Rocky Mountain National Parks Service. He is a certified technician by Architectural Resource Technoligies. Terry Schmitz, Lead Carpenter Employed by Empire Carpentry since 1997. Has 5 years experience in logging, 20 years in carpentry, 2 years metal building erection and 10 years concrete. Terry has attended Architectural Preservation Institute Preservation Technology Workshops for masonry preservation, Structure Assessments and barn preservation. 15. Credit available: $20,000 16. Bank reference: Key Bank 300 W Oak Fort Collins, CO 80521 970-482-3216 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Yes 18. Are you licensed as a General CONTRACTOR? Yes If yes, in what city, county and state? Fort Collins, Colorado What class, license and numbers? License Cl-2 19. Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? 39% and to whom? See Sub list form 00430 attached 20. Are any lawauits pending against you or your firm at this time? No If yes, detail: NA 21. What are the limits of your public liability? General Liability: See attached Certificate of Liability Insurance Larry D Peterson Agency 7196 Section 00420 Page 4 of 5 0 0 �+ o P. o19, 00 c�a 1 � ;z co SON Wm T Z on D � m m w 0 .3p ;'a o 0° cn Worker's Compensation Liability: See attached Certificate of Liability Insurance Pinnacol Assurance Charles Doggett, Underwiter 22. What are your company's bonding limitations? $500,000.00 See attached Western Surety Company Power of Attorney — Certified Copy Attached in section 00410 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at: This 1" day of November, 2005 Empire arpentry LLC By: K vin Murray Title: Manager State of Colorado County of Larimer �A- t ✓) X C l 5U� Ci �� being duly sworn deposes and says that he is 6 -yt-ko`Q o -u a Z4 of Empire Carpentry LLC, and that the answers to the foregoing questions and all statements therdih contained are true and correct. Subscribed and sworn to before me this �_ day of 1066 vela 2005 Notary Public My commission expires 2/0�Fl Za�� JANET EMMANUEL NOTARY PUBLIC STATE OF COLORADO MY COMMOON EXPIRES 2►QM 7/96Section 00420 Page 5of 5 CERTIFICATE OF LIABILITY INSURANCE American FavAy Insurance Company ❑ American Famlly Mutual Insurance Company if selection box is not clmked. 6000 American Pity Madison. Wisconsin 837834MI Insured'$ Nerve and Address Agents Name, Address and Phone Number (Agt.JDIeL) 6" Carpentry LLC Larry D. Peterson (970) 229•8393 Po Box 245 149 IN Harvard Street Stp 102 Rellvue, CO 80612-0245 R. Collins, CO 80525-2186 (119=9) This esrsikele IS Issued as a matter at tofarnwdm ony and oonrere no rights Upon the Cetdlieate Holder. This eard9cate does not amend. ext9M or alter the MWW Sftrdad by its pelieies listed babes. 7MfkbrtsyawsaardYwvwiofWreflrwnm+aersifrremaamfundawfweaaafabratOftOModkmft"nowvm "MYM*ftm^MaeormummdwMWSWwair afamrtra nrfanvara edf awaleMf aMa bmAerafypramr, h kw,wwdbded6r db Pfedr detoAMd Main k fWIpM ba0 as laws. manias. fed andew d fact pcidN. TYPE. OF R B RWCE POLICY ULMER tYth rot+ LAM OF LIMILITY tismsowttaral "Wy"' Nombomaovam"hdtgby "oaarnr S Am Bo ism LiaNky eamoea.w" S AN Perfwrfd UrrAnNla LiSbility tdwtbaamllr S Am tr FwmVAnch UmNlitY Oaaloararmar $ ,000 %Wkara Caopanaaaon and Emoo"m Li"ty t ® OGeneral ofn o imi Ge total r'l tJabBLy (omtrlalce) 05-x18e43-14-00 eusinessewmrs WWI Liquor Liability AutomoWle tlahmty ❑ Any Auto ® All awnod Autos ❑ fidteaaad Alba 05-x907e2-m-00 ® Hlrod Auto ® Nonowned Autos • ADDITIONAL INSURED City of Fed Galan Purchasing Department Attn: John Stevens PO Box Sao Fort Collins, CO OOM-0560 Fax: 221-9707 Wnll Ed. ales 1ot3w m 11or3oraw r' embomrmrftt 6 1'11S t' $ r:smmaf Cfw;m tthm ftee t. a $ rmwrtrylfy P&PMW i aamrwwA%mAmwm $ pm"lva"a" 4 911/2005 9nnoos 1edylgayu4PAW" "% famed $ 11/1/2005 CeFVBN a Holder LWW D Peterson 100.000 300 ,000 100,000 7a dya"t',n waip0"dl9.r: I iemm only. The above m In conkwv t vrah Omit ffATM Stodf No. 09888 Rev. 7102 SEu_�ON 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 20% of the contract. ITEM SUBCONTRACTOR Excavation Hilgenberg Excavation / Ft. Collins Concrete Aalpine Custom Concrete / Ft. Collins Landscaping Evergreen Landscape & Sprinkler / Ft. Collins Plumbing Waterworks P&H / Ft. Collins Electric Brian's Electric / Ft. Collins Roofing AJ Shirk / Loveland Gutters Advanced Roofing Technologies / Ft. Collins Paint Williams Painting / Ft. Collins Drywall Cottonwood Drywall / Wellington Insulation Thermal Concepts / Ft. Collins Doors F&C Doors / Ft. Collins Mechanical R&H Heating NOTE: NO SUBCONTRACTORS ARE OVER 20% OF COST SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: November 8, 2005 TO: Empire Carpentry, LLC PROJECT: 5942 Lee Martinez Farm Addition OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated November 1, 2005 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 5942 Lee Martinez Farm Addition The Price of your Agreement is One Hundred Sixty Thousand, Five Hundred Sixty Two Dollars and Ninety Six Cents($160,562.96). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by November 30, 2005. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By: Jame B. O'N ill, II, CPPO, FNIGP K Director of Purchasing & Risk Management SECTION 00520 7/96 Section 00530 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 8th day of November in the year of 2005 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Empire Carpentry, LLC (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of a 625 sq. ft. addition to the Lee Martinez Farm administrative building including building envelope from foundation through finishes, related sitework, utilities and landscaping and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by Aller-Lingle Architects, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within One Hundred Fifty calendar days after the date when the Contract Times commence to run as provided in the General Conditions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 7/96 Section 00615 Page 1 1) Substantial Completion: One Hundred Dollars ($100) for each calendar day or fraction thereof that expires after the One Hundred Fifty (150) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: (One Hundred Sixty Thousand, Five Hundred Sixty Two Dollars and Ninety Six Cents), $160,562.96 Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract 7/96 Section 00615 Page 2 Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied or assumes responsibility for obtaining and carefully studying all such examinations, investigations, explorations, tests, reports, and studies in addition to or to supplement those referred to in paragraph 6.2 above which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be re uired by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be re uired by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, 7/96 Section 00615 Page 3 examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof.by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4 Consent of Surety 7. 2. 5 Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: DRAW]NG INDEX: Title Page With Vicinity Map D1.0 Demolition Plan D1.1 Demolition Photos SDI.0 Site Plan A1.0 Floor Plan AL I Ceiling Plan A1.2 Roof Plan A2.0 Elevations A3.0 Building Sections A4.0 Details and Schedules S 1.0 General Notes; Sheet Index S L I Load Key, Typical Details S 1.2 Typical Wood Details S2.0 Foundation Plan and Roof Plan S3.0 Details M1 Mechanical Plan & Schedules El Electrical Power Plan & Details E2 Lighting Plan & Schedules 7/96 Section 00615 Page 4 E3 Electrical Specifications The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. ........ =-Section Break (Next Page) ....................................................... W96 Section 00615 Page 5 LEE MARTINEZ PARK ADDMINISTRATION BUILDING ADDITION FORT COLLINS, COLORADO BID #5942 OWNER City of Fort Collins PROJECT MANAGEMENT City of Fort Collins Operations Services, PMPD Steve Seefeld, CCCA, Facilities Project Manager (970) 221-6227 ARCHITECT/ENGINEER Aller-Lingle Architects, PC Chris Freeland, AIA (970) 223-1820 PURCHASING City of Fort Collins John Stephen, CPPB, Senior Buyer (970 221-6777 OWNE CITY OF FOORRT�. COLLINS By: JAMES 0' EILL II, CPPO, FNIGP D EC OR OF PURCHASING AND RISK MANAGEMENT rL � s/ �� Date: ty Attest: City Clerk Address for giving notices: CONTRAC By: Empire Carpentry LLC ate: (CORPORATE SEAL) Z t st: Address for giving notices: P. O. Box 580 Ox 2 YS Fort Collins, CO 80522 y ,�_l (�� _ Z44b (;�D1% LICENSE NO.: Approved as to Form Assist "t City Attorney 7/96 Section 00615 Page 1 SECTION 00530 NOTICE TO PROCEED Description of Work:5942 Lee Martinez Farm Addition 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 , 20_ and 20, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR By: Title: 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. 70009244 KNOW ALL MEN BY THESE PRESENTS: that (Firm) EMPIRE CARPENTRY LLC (Address) PO BOX 245, BELLQUE.,CO% 80512 ( }, , (a Corporation), hereinafter referred to as the "Principal" and (Firm)WESTERN SURETY COMPANY (Address) 101 S PHILLIPS AVE, SIOUX FALLS „ SD:i 57104 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 "OIgNER", in .the penal sum of ONE HUNDRED SIXTY THOUSAND FIVE HUNDRED SIXTY-THREE 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 OALIGATION are such that when as the Principal ntered into a certain Agreement with the .OWNER, dated the 1 day of Ala -us. --D "- , 201Zr a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project,5942 Le*e Martinez Farm Addition. NOW, THEREPOPtE, 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.guaxanty 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, PURTHER, that.the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteratY.on or addition to the terms of the Agreement or to the (Rork to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall, abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,. each one of which sball•be deemed an original, this23ST. day of 2005. _NOVEMBER IN PRESENCE OF: (Corporate Seal) IN PRESENCE Or: (Title`s EMPIRE CARPENTRY P.O. Box 245 (Address) Beim, other Partners By - By: Surety By--C, -/� ATT RNEYiIN"F� BY=1 1 ILLIPS AVE SIOUX FALLS, SD 57104 (Address) MAST NOT BE PRIOR TO TH$ DATE Or THE AGRZM*=. IS partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 SECTION 00515 PAYMENT BOND Bond No.70009244 KNOW ALL MEN BY THESE PRESENTS: that (Firm) EMPIRE CARPENTRY LLC (Address) POJBOX 245, BELLVUE, CO 80512 (AXX7 MNU, (a Corporation); hereinafter referred to as the "Principal" and (Firm) WESTERN SURETY COMPANY (Address) 101 S PHILLIPS AVE, SIOUX FALLS, SD 57104 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 (NE HIRMRF,J) SIXTY THOUSAND FIVE HUNDRED SIXTY-THRRF. 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 en eyed into a certain Agreement with the OWNER, dated the I''N` day of t c,' 20gi, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 5942 Lee Martinez farm Addition, 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 l tOVIDED, FURTHER, that the said Surety, for value received, hereby stipulates id agrees that no change, extension of time, alteration or addition to the firms of the Agreement or to the Work to be performed thereunder or the )ecifications accompanying the same shall in any way affect its obligation on As bond; and it does hereby waive notice of any such change, extension of _me, alteration . or addition to .the terms of the Agreement or to the Work or the Specifications. tOVIDED, FURTHER, that no final settlement between the OWNER and the )NTRACTOR shall abridge the right of any beneficiary hereunder, whose claim iy be unsatisfied. tOVIDED, FURTHER, that the .Surety Company must be authorized to transact isiness in the State of Colorado and be acceptable to the OWNER. i WITNESS WHEREOF, this instrument is executed in three (3) counterparts, ach one of which shall be deemed an original, this2lSTd-ay of • NOVEMBER 20OU 4 PRESENCE • �orporate Seal) i PRESENCE OF: Principal BY--� {' U1l�NAC� Fft� (Title) EMPIRECARPENTRY P.O. Box 245 Belivue, Colo. 80512 (Address) Other Partners I PRESENCE Or: Surety By: TTO -IN-FACT $Y= 1 ni S PHTT,�TPS A3ZR, ST(1TTX FAT T S 4D 57104 (Address) BOND MUST NOT BE PRIOR TO THF, DATE OF THE 1eAGREEIMNT. ACTOR is Partnership, all partners should execute Boni. 7/96 Section 00615 Page 2 Western Sumty Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70009244 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organised and existing under the laws of the State of South Dakota, And having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint —_.__..... L"F�I� FbTA_unra.nnUER . ..._—_----------_.—... its true and lawful attornay(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for. Principal: Empire Carpentry, LLC Obligee: City of Fort Collins Amount: $goo, 000.00 and to bind the Company thereby As fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said atwraay(*in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company whu:h remains in Rill force and cfibct. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate acme of the Company by the President. Secretary, any Assistant Secretary, Treasurer, or any Vica President or by such other officers as the Board of Directors may authorise. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority cc issue bonds, policies, or undertakings in the name of the Company. The corporate Beal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such oM= and the corporate seal may be printed by facsimila." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of —April 30 _ 2006 _., , but until such time shall be irrevocable and in flail force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by Its Senior Vice President, Paul T. Bruflat, atl{j mW_rate seal to be 4M"d this __Z2Ar.— day of _..... Novem>2.e.1�_, .....2005 N'wti It f }" +y�y "Q;40R,q 0,1-4 WES �SU^RE Y COMPANY Paul T. BruflargAenior Vice President A AHA //11 On this 21et day of _Ni vember , in the year 2005__:., before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of 'd corporation. 4hi�hUlYYh0444r4Mw,ti.,p i D. KRELL — 'ard) TH pAIt�OIfA — otary Public - South Dakota My Commission Expires November 30, 2006 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Sattion 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force, In testimony wharaof I have hereunto set my hand and seal of Western Surety Company this _—__ 21at___.. day of November — _�2495 WES SURE Y COMPANY Paul TTABruffat nior Vice President Form F530a-4.2002 ACrCX()Wr rnrweNT OF stra.ETY STATS OP W'ISCONSIN (Attarneyin-Trac>) COUNTY OT _ DANE Ss On this 21st day of . November �� 'hefore nls, a notary publio in and far said County; parsonally appeared raig Edward 7H&Tlb2Lijer to me parsonally known and being by me duly sworn, did say, that he is the Attorney -in -hart -of WrSTLfi W.. SLWTY CONZANY, a corporation of Sioux Val Is, South'Dakota, aroated,• organiud. and existing under and by virtue of the laws of tho Stats of South Dakota, that the aeid 'instrument toes executed an behalf of the said corporation by authority of its Board of Directors and that the paid � i E Edward rya l 1 baue r acknowledges said instrument to be the free act and dead of said corporation an4 t he has uthority to sign said ingtrumefit without affixing the corporate seal of said corporation. IN'WITNUS WHLrRp:OTr, I have heretmto subscribed my name an# affixod of dul seal at I N' W SCONSIN the day and year last above written My commission expires AUG. 2 2009 Fnrrb 10e - 4-2000 »ota7y p_'yirlfa., ` SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-3 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 00970 Construction Specification Instruction Forms 00970-1 - 00970-5 SPECIFICATIONS SOILS REPORT rRTIFICATE OF LIABILITY INSURAVr S- American Family Insurance Company ❑ American Family Mutual Insurance Company if selection box Is not checked. 0000American Pky Madison, Wisconsin 53783-0001 Agent's Name, Address and Phone Number (Agt./Dist-) Insured's Name and Address: Larry D Peterson (119/309) Empire Carpentry LLC 149 W Harvard, Suite102 PO Box 245 Fort Collins„ CO 80525 BelIvUe, CO 80512�0245 970-229.9393 This certificate Is Issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amand. airtand or niter the_ r-nvarnne nffnrdad hu fha nnllwlac Ilctari halnw This is to certify that policies of insurance listed below have boon 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 terns, eXCfusions. and conditions of such volicies. POLICY TYPE TYPE OF INSURANCE POLICY NUMBER LIMITS OF LIABILITY Effective Expiration Mo,Da ,Y Mo Da Yr Hamaowners/ Bodily Injury and Property Damage Mobilshorleowners Liability Each Occurrence Boatowners Liability Badly Injury and Property Damage Each Occurrence Personal Umbrella Liability Bodily Injury and Property Damage Each Occurrence FamURanch Liability Farm & Personal Liability Fisch Occurrence Farm Em to er's Usbility Each OCourrenco Statutory + . . Workers Compensation and Each Accident Employers Liability+ Disease - Each Employee Disease - Palic Limit Geneind Liability General Aggregate $ 2.000,000 ® Commercial C,onered 05-X16943-14 10/8"006 10/30/20 6 Products - Completed Operations Aggregate $ 2.000,000 L WIlly (occurrence) Personal and Advertising Injury S 1,000,000 Eaon Occurrence $1,000,000 Fire Damage (Any One Fire) $ 100,000 Medical Expense (Any One Person $ 6,000 Businessowners Liability Each Occurrence ++ Apgrepate++ Automobile Liability Bodily Injury - Each Person $100.000 ® Owned Autos (Basic form) 08-X90782-02 09/Di/2005 09/01/2006 Bodily Injury - Each Accident $800.000 ❑ Owned Autos (Comp farm) Property Damage $100,000 ❑ Hired Autos Bodily Injury & Property Damage Combined ❑ Non -Owned Autos ❑ Garaga liability Excess Liability ❑❑ Commercial Blanket Excess Each Occurenoe/Aggregate b8WAIPTION OF OPERATIONS/L0CATIONS/VEHICL5$/F±ESTRICTIONS/SPECIAL ITEMS t The individual orpartners shown as insure ••* elected to be The City of Fort Collins Department of Purchasing Is listed as an additional Insured. covered as employees under this policy. ++ Products-complered Operations aggregate is equal to each occurrence limit and Is Included in policy aggrepte. PM, MEMO ® Should any of the above described policies be canceled before before the Abo17IONA L INSURED City of Fort INSURED ollins expiration date thereof, the company will endeavor to mail '(10 days) written Dept of Purchasing notice to the Certificate Holder named, but failure to mail such notice shall PO Box $00 impose no obligation or liability of any kind upon the company, its agents or Fort Collins, CO 80522 representatives, -10 days unless different number of days shown. El This certifies coverage on the data of Issue only. The above described Fax: 2214707 Attic John Stevens pormiss are subject to cartcellati0n In conformity with their terms and by the lawa of the state of Issue. DATE ISSUED AUTHORIZED REPRESENTATIVE 11/23/2005 um;cui ca. lrxs ORIGINAL - Certificate Holder, COPIES to Services, Insured, Agent StocK No. 06668 10/10 39dd NOSd313d A6dV-1 WVAWd L8066ZZOL6 V6:60 500Z/EZ/TT 11/23/2005 12:06PM Pinnacol Assurance PAGE 2 OF 3 ACORD. CERTIFICATE OF LIABILITY INSURANCE �AD`ImiIYYY]� MIDDol/2n03 PRODUCER Pimlico( Assurance 7501 E Lawry Blvd DENVER CO 80230-70D6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# IN6wnD EMPIRE CARPENTRY LLC 521.5 SYCAMORE ST FORT COLLINS CO 80521 V49LW RA: Finnacol Assurance 41190 INSU mea: INsm®ec: INanmeD: INEmm l-. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Lm ADDw ISRD TYPE OF INSURANCE POLICYNUWER xx1cvm"cT va DA MN POLICYEIOMTION DA LD/RS GENERAL LIARIIJIY COMISRC1AL GENERAL LIABILITY MAIMSMAMEl OCCUR SACK OCCUFSXC DAMACETORINTBD PROOSPd a.cv, M®ED as PHOMAL a AIR' IPUM CEML ACCRRGAni IIMRAPP[.@RS PER: POLICY ER LOC CENHIGL ACCRECATR PROCIICIS COWAOPAGC AUTOMOEOTLIARU Y ANY AUTO ALLOWNEDAUT05 SCRI MM AVIDS IBM AMOK NON-OMM ADIOS COIABINEISIN4.E LDdT[ stld, aCOE.Y DUORY amLLYOQURY PROPMOYDAMAGE CAILUM •I.&Z nY ANY AUTO AU om-1-EAACCDIENT ODRE THAN RAACC AUTOONLY: ACC 0!CES{nM9AlA LIARD.nY OCCUR CLABAS MADE DmvcnaLe RET9mnCN a RACNOCCURIRNCE ACCACATS A W073MUCOMIMATMNAM EWLOYERV LI ILM ANY PROPRIETO"ARTE"233CrrnE OPPIcaRnaDAaeRexaw®T a .ds % d. SPECIAL PROVISIONS W1 1519590 09/01/2005 09/01/2006 WCSTKU- on= TLORY LDaTS R.L.SAMACCID1NT $100000 a.t.asaAsa-uaMPLovae S100000 E.L.0151ASE POUCYLIMrr S5D0000 OTmR DRSCRIPTION OF OPERATIONS / LOCATIONS / VIIDCI.IS / E"ZW10NS Allen BY ENDORSEA RW / SPECIAL 110111SIONS SEE BACK OF CERTIFICATE FOR CLASS COVERAGE AND OWNERSHIP COVERAGE DETAIL CERTIFICATE HOLDER CANCELLATION $70003 CITY OF FORT COLLINS PURCHASING DEPARTMENT ATTN: JOHN STEVENS PO BOX Sao FORT COLLINS CO 80522-0590 ACORD 23 2001/0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAD_ SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Nichole Valdez Underwriter ACORD CORPORATION 10M MAn WT CMt 5. 1 11NIM 11:58:00 151990 UPMN: 1MVIWs 11:UOAG UW1M 11/23/2005 12:06PM Pinnacol Assurance CERTIFICATE HOLDER COPY I;Jc[N�Ec��I�3 CITY OF FORT COLLINS PURCHASING DEPARTMENT ATTN: IOHN STEVENS PO BOX 580 FORT COLLINS CO 80522-0580 POLICY NUMBER: 1519590 BUSINESS LOCATION: EMPIRE CARPENTRY LLC CLASSIFICATION OF OPERATION CLASS DESCRIPTION IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policyow) must be endorsed. A statement an this certificate dam not confer rights to the certificate holder in lieu of such andamemam(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, ceman policies may require m endarsement. A statement on this certificate does not confer rights to the certificate holder In Rau of such endomement(s). DISCLAIMER The Certificate of Imurance on the reverse side of this form does not constitute a contract between the Issuing bisurer(s), authorized representative m producer, and the certificate bolder, nor dam It affirmatively or negatively amend, extend or site the coverage afforded by the policies listed thereon. COVERAGE COVERAGE RATING EFFECTIVE EXPIRES TYPE 564505 CARPENTRY -RESIDENTIAL 09/01/2005 09/01/2006 EM SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS ( OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:5992 Lee Martinez Farm Addition 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 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 REMARKS: AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 20 You are hereby notified that on the day of , 20 , the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 5942 Lee Martinez Farm Addition. 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 20 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 1 20 Sincerely, OWNER: CitV of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT:5942 Lee Martinez Farm Addition 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the 7/96 Section 00650 Page 1 project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20 CONTRACTOR Sm Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal. My Commission Expires: Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 5942 Lee Martinez Farm Addition CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFI DR 0172 (1268) 6 COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (703) 2?2-2d16 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1 xa)NX} TE DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the put pose of purchasing construction and building rnaterials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materialswhich are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works oNrled and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penahies 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. staWriAccow No. to be assigned by gad 01 70-750 (999) $0.00 89 - I+iTE' INFO A710P1.; ' 4 rade name net, Penner, a mporate name: Mailing address (City. e Zip): ContactPeTson E-Mail address ederalEmployer's Identification um % Bid amount foryour cordnact-. az um e[ Business telephone number: ore o mt olding lax a¢ou num c: �opa�JiRNTIil a •••••�_ -. ., ,.,v {ik a (e' of COntr ame of exempt organization as s own on contractir Exemptorganization s number. 9$ - ddress of exempt organization (City, State. Zip) Principal correct at exempt organza on: Principal contacts telephone number Physical localion of project site (give actual address vA1en applicable and cities anNor out (tes) where project is located) Scheduled Monthay Year Estimated Wnth ay ear constmgion start date- wrepletyiio}n date: '�:!#v ...tip �' 1.-*Y. n.1 � t"i i✓ 3td8 Y I dedare under penally of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature o owner, partner or corporate oflicer: ille of corporate officer e: DO NOT WR[TE BELOW [HIS LINE Section 00670 Page 1 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 SECTION 00020 INVITATION TO BID SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been devehT.ed by using the STANDARD GENERAL, CONDITIONS OP THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, 1iIC1X' No. 1910-8 (1990 Edition), as a lose. Changes to that document are shown by underlining text that has been added and striking through test that has been deleted. FJCDC GENI.'RAL. CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORTCOLLINS MODIFICATIONS (REV 9/99) TA131.1i OP CON-11NTS 0FGFN]:'RAT . CONDITIONS Article or Paragraph Page Article or Paragraph Page Numtv-r & Title Num1ber Number &- 'I itle Number I DEFINITIONS I PREHNUNARY NIATTERS, 3 1 1 Addenda I I Delivery of Bonds I Agreement . ...... ........ CLIlles Of Documents ' ................ 1.3 Applicationfor Payment 1 .. Commencement of ( I ontrqct 1 4 Asbestos 'fines; Notice to Proceed L5 Bid '.4 Starting the WorL L6 Bidding Documents 7 D-4ore Starting Construction, 1.7 Bidding Requirements 1 ("(-)-N'TP--\CTOR's Responsibility 1.8 Bonds . ...... . .... 1 to Report; Prelim inary Schcdflcs; 1.9 Change Order_.. I Delivery of Certificates of 1. Io Contract Documents 1 Insurance 3-4 1.11 Contructprice I 2.8 Preconstruction Conference 4 1.12 Contract Tunes-, .1 29 Initially Acceptable Schedules.-,.___.4 1.13 CONTRACTOR 1.14 dqfgctjve .................. ......... ........ ........ 1 3 CONTRACT DOCLUENTS: INTENT, IAA Drawings I AMMANG, REUSE 4 1.16 Effective Date of the Agreement 1 3 1-32 Intent 4 1.17 ENG MIN ER 33 Reference to Standards and Spcci- 1.18 ENGINERRs Consultant ... ...... .. ... I fications of Technical Societies, 119 Field Order........_... Reporting and Resolving Dis- 1,20 General Requirements ..... .............. Qrepancies .......... ............. ....... 4-5 1,21 lla7ardm- Waste.... ...... 14 Intent of Certain Terms or 1.21a Laws and Regulations, Laws or Adjectives........ I ........... S Regulations. 3.5 ........ Aniending Contract DocuncriLs 5 1.22.b Legal llofidays-__ 16 ... Supplementing Contract 1.23 Liens..._.........._ ................ .... ... 2 Documents. ........................ 5 1.24 Milestone........." .......... ................... 3.7 ...... Reuse of Documents........._ . . - . . 5 1.25 Notice of Award 1.26 Notice to Proceedt ............. 2 4. AVAILABILITY OF LANDS, 1.27 _ ................ OWNER SUBSURFACE AND PHYSICAL CONDITJONS; 1 8 Partial Utilization -IM,:NC I POINTS REr -T ................... ............ .5 1.29 PCBs ................ .... ...... 2 4.1 . Availability of Lands_,, ........... j-6 1.30 Petroleum ........... .. 2 ....... . 4.2 Subsurface and Physical 1.31 Project__ ... 2 Conditions, ...... 6 131a Radioactive Mater ial ... -1 ... -- .............. 4.2.1 Reports and Dn awings, ................ 1.32.b Regular Working Hours 42.2 Lim ited Reliance by CONT RAC, L33 Resident Project Representative,,.,.,,-,,,. 4 TOR Authorized; Technical 1.34 Samples ........... _ ...... Data ................. __ ...... _ ............. L35 Shop Drawings... .... -- --- - .......... ...... 2 423 Notice of Differing Subsurface 1.36 Specifications .....................................2 or Physical Conditions................_ L37 Subcontractor ............. ................. ...... 1 4.2. 4 ENGTINFER's Review 0 1.38 Substantial Completion 4.15 Possible Contract Documents 1.39 Supplementary Conditions ...... ..2 Change.,,..., ... 6 1.40 Supplier,,,,,,,,,,,,, 4.2.6 Possible Price and Times 1.41 Underground Facilities, ........ ........ .. !,-3 Adjustments..... __.__..._......._..4-7 1.42 Unit Price Work ................... ........ _ ... 3 43 Physical Conditions --Underground 1.43 Work .... .......... __ ....... ................... ... I Facilities 7 1.44 Work Change Directive .... .. ..... 3 4.3.1 Shown or Indicated .. ..... -7 1.45 Written Amendment, ...... . 4.3.2 Not Shown or Indicated .... - ..... ...... 7 4.4 Reference Points- ....... _ _ ........ ... � _? EKTV, GENERAL coNDi riONS 191 () -8 (1 Y9U ED11 I ON) W/0 TY OF rORTC011INS MODIFICATIONS (RF`V 9199) Article or 11araaraph Page Article or Paragraph Pace Number x Title Number Dumber x: 1 itle Number 4.5 Asbestos, PC13s, Petroleum. 6.25 Submittal Proceedures' CY0V- Hazardous Waste or TRACTOR's Review Prior Radioactive Nlaterial ....... .............. 7-8 to Shop Drawing or Sarnple Subnt i tta1 .................................. 16 5. BONDS AND INSURANCE „..................... ........8 6,26 Shop Drawing S- Sample Submit- 5.1-5.2 Performance, Payment and Other tak Review by E IGI.NEER.....16-17 I3onds _. b 627 Responsibility for Varm ions 5.3 Licensed Sureties and Insurers: From Ccnuact Documents ............ 17 Certificates of Insurance 8 6.28 Related Work Performed Prior 54 CONTRACTOR's liability to EN61NEER's Review and Insurance..........................................9 Approval of Required 5.5 OWNER'SLtabtht,insurancx_._. _..... Submittals ............. 17 5.6 Property Insurance ....... ...... ......... ,..13-Io 629 Continuing the Work ....... ....__...17 5.7 Boiler and Machinery or Addi- 6.30 COINTPACTOR's General tional Property Insurance- _........... 10 Warranty and Guarantee,_._ _ ,_I7 5.8 Notice of Cancellation Provision ......... 10 6,31-6.33 Indemnification,,...__,,,,,,,,,,,,,17-15 5.9 CONTRAC7'OR'sResponsibility 6,34 Survival of Obligations ...... „............ 1S for Deductible Amounts .................... 10 5.10 Other Special Insurance, ........... .....10 7. OTIIER WORT _.__........ , 18 5AI Waiver of Rights................................11 TI-7.3 Related Work at Site.-. .._..... ,....,.IS 5.12-5.13 Receipt and Application of 74 Coordination ....... _...___....._....... 18 Insurance Proceeds, ,,,,,,,,,,,,,,,,,,,,10-11 5.14 Acceptance of Bonds and Inset- S. OWNER'S RESPONSIBIlJTIES .........................18 ance, Option to Replace._.._..............11 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR ... .,.,.,,.,_,,.._..._._....Is Insurance .......... ,.............. ..............11 8.2 Replacement of ENGINEER,__.._ ... 18 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RF sPONSIBILI'17ES I i When Due .................. ................ 18 6,1-6.2 Supervision and Superintendencg,...... 11 8A Lands and Easements, Reports 6.3-&S Labor, Materials and Equipment _.11-12 and Tests_18-19 6.6 Progress Schedule__ ........................12 8.5 Insurance ............... ................ .._...19 6.7 Substitutes and "Or -Equal" Items, 8.6 Change Orders,,,,-_.,__ ......... 19 CONTRACTOR'S Expense, 8.7 inspections, Tests and Substitute Construction Approvals..,,,,,„ 19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER's Evaluation12-13 Terminate CONTRACTOR's 6.8-6.11 Conceming Subcontractors. Services .............. ........................19 Suppliers and Others, 8.9 Limitations an OWNER'S Waiver of Rigghts ........................i3-14 Responsibilities ........,.,,......... ..... 19 6.12 Patent Fees and Royalties..................14 8.10 Asbestos, PCBs, Petroleum, 6-13 Perm its. ............ .. _._....................14 Hazardous Waste or 6.14 Laws and Regulations.__.__................14 Radioactive Materia!_..__.._.....,,,,i9 6.15 Taxes...........................................14-15 8.11 Evidence ofFinancal 6,16 Use of Premises.................................15 Arrangements.. .............1.9 6.17 Site Cleanliness 1.5 6.18 Safe Structural Loading.....................15 9. ENGINEER'S STATUS DURING 6.19 Record Documents .............................J5 CONSTRL'1CTION... .......... _....... _... .................. 19 6.20 Safety and Protection__ .. ...... ...... 15-16 9.1 O%XNER'sRepresentative ..... ...... ;19 6.21 Safety Representative...-_..............._J6 9.2 Visits to Site ........ .......... _.... I., ...... 19 6.22 Hazard Communication Programs ...... 16 9.3 Project Representative ...............19 21 6.23 Emergencies ................. ........ ......... _ 16 9.4 Clarifications and Interpre- 624 Shop Drawings and Sam ples..............16 tations................. ........................ 21 9.5 Authorized Variations in 116rk ....... <1 EJCDC GENERAL CON.OmONS 1910-8 n990 Eu1 i'iON w! CITY OF FORT COUSN".i NIOntnCAMNS txeV a99t Article or Paragraph Page Article or Paragraph Number& Title N"UniNcr Number &C Title Page Number 9,6 Rejecting, De ' fmive Work 21 1 1.8-13,9 Uncovering Work at HNG I - 97-99 Shot) Drawin,,,s, Cluinge orders NEER:s Request.. 2-7-28 and Payments ........ 21 1-1,10 OWNER May Stop the 910 cti, i)eternimatiUnit Prices 21-22 1.3 11 Correction or Removal of 911-91-1 I)ecisioms on Disputes, FNGTI- Defi'cfive Work .... ............ ....... 2% EER us Initial Interpreter. 21 - 13.12 Correction Period 1 81 - 9 13 Limitations on ENGINEFR's 13 13 Acceptance olDelechve Work IN Auth.cirityandRespon%ibilitie-s,, 22-23 1314 OWKER May Correct Defective Work CHANGES IN -1 HF WOI%'K jol OWNER's Ordered Change_, ........... ,23 14 PAYMh.NTSTOC rrrRACF0RAND '0 10.2 Claim rcrAdjustiment CONIPUTION ....... .. . ........ ... ..... . ....... ... 29 10.1 Work Not Required by C0111THO 14 1 Schedule of Values Documents ...... .23 14.2 Application fix Progress 10.4 Change Orders.. Payment..._..... ..... .. .. 19 10.5 Notification of Surety .... ... .... _23 143 CONTRA(' 7OWir Warranty of Title, � ............ .......................... 29 CJ-L,\N(;FOFCON'I*kA(`I MICE. ...23 14,4-147 Review of Applications for 11 1-11 3 Contract Price; Claim for Progress Payments. ..... . 129-30 Adjustment. Value of 14.8-14.9 Substantial Completion,, ..... .... ... 30 the Work- - .- .................... 23 -224 14,10 Partial Utilizatiorl, ................ . 30-31 11.4 Cost of the Work ........................... 24-25 14.11 Final Inspectiotl ..... ..................... 11 11.5 Fxcluslons to, Cost of the Work ......... _25 14.12 Final Application for Payment ... .... 31 11.6 CONTRACTOR's Fee . .. . ............. 25 14.13-14,14 Final Payment and Acceptance. 11.7 Cost Records...,_,...__ 14.15 Waiver of Claims 31-321 11.8 Cash Allowances _.2 6 11.9 Unit Awe Work . . ... . ..... 26 15. SUSPENSION OF WORK AND TERMINATION ...............................................32 CHANGE OF CONTRACT TRvIES ............. ........ 15.1 CWNER May Suspend Work.. 32 12.1 Claim for Adjustment- .. ... - -1.1-1- 26 152-13.4 OWNERIMay Term inate ..... ., __32 12.2 Time of the Essence,.....,,__.__..._ .....26 26 15,5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTORs Work or Terminate .................. 32-33 Control 26-27 12.4 Delays Beyond OWNER's and 16. DISPUTE. RESOLUTIONI .................................. 33 CONMAC'TOR's Control �7 17 MISC ELLANFOUS ..................__............._.....33 TESTS AND DISPECTIONIS. CORRECTION. 17.1 Giving Notice..............._,,,,,_.,,,,,...33 REMOVAL OR ACCEPTA.NcE OF 17.2 Computation of Times ....................33 DEFEC771,T WORK 17 17.3 Notice of Claim 33 13.1 Notice of Defects ... ........................ 17 " 17.4 Cumulative Remedies 33 13.2 Access to the Work - .... '7 175 Professional. Fees and Court 13.3 'rests and Inspections', Costs Included,.........- ................33 33 CON-I'RACTOR's Cooperation ........... 27 17.6 Applicable State Laws,,...,,-_---_ 33-34 13.4 OWNERs Responsibilitim Intentionally left blank..,.,, ...... ....... -- ... _35 Independent Testing Laboratory ..... _27 13.5 CON'TRACTOTs a%'I-,ITBIT CrC-A: (Optional) Responsibilities - .......... -- ... ... 17 Dispute Resolution Agreement.. . .............. _.QC-A1 13,6-117 Covering Work Prior to Inspcc. 16.1-16.6 Arbitration..........____-,__.,,._.. TC-Al tion, Testing or Approval .......... ....... IN 16.7 Mediation..... ...... ............CrC :Al Iv' UCIV. GENERAL COMMONS IM-3 (1990 EDITION) W/ CITY OF FORT COLLINS MODIRCATIONS (REV 91W) TNDFX TO GENF.RAI. CONDITIONS City of Fort Calkins modifications to the General Conditions of the Construction Contract are not shown in this index ,article or Paragraph Number Acceptance of -- Bonds and Insurance .........................................: 5. 14 13.5. 13,13 final payment.__. ..........__ _._...... -... ..9,1=.14,15 insurance ......-.. 5. 14 other Work, by CONTRACTOR ....... 73 Substitutes and "Or -Equal" Items.,,,,....- _...1.6-7 1 Work Iry OWNER..............................1.5, 6.30. 6,34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities ........................... I .... .. _. -... Al site. related Work.... ....... ..._....... ,.......... ......... ...z2 Work,..........................................13.'- 13,14, 14.9 Acts or Omissions--, Acts and Omissions-- CONTRACTOI26.9.1, 9.13.3 ENGINEER. _._ ..__...... __.. .... 6.20, 9.13.3 OWNER ...................... ¢?0, 8.9 Addenda --definition of (also see definition of Specifications),,,,,, f 1.6, 1.10, 6.19). 1.1 Additional Property Insurances ................................. 5.7 Adlu4iments— Contract price or Contract Times ...........................1.5, 3.5. 4.1. 4.3.2, 4s.2, ..............................4.5-3, 9.4, 9.5. 10,2-10.4, ...... ___ ... _.._.............. .1), 12, 14X 15.1 progress schedule,. ................................. _. ......... 6.6 Agreement -- definition of......................................................1.2 "All -Risk" Insurance, policy form- .......... ...... ........ ,5.6.2 Allowances, Cash.. --- ................... . ............... ..........11.8 Amending Contract Documents .............................. _ 3.5 Amenihnont, Written -- in general............._,1.10, 1,45, 3.5, 5.10, 5,12, 6.6.' .....................6.8.2, 6.19, 10.1, 10.4, 1 L2 ...... ....:.... ..................... 12.1, 13.12.2, 14.7,2 Appeal, OWNER or CONTRACTOR intent to ..... _................... l.IQ 911, 10.4, 16.2, 16.5 Application for Payment -- definitionof.......................................................1.3 ENGINEERs Responsibility ............................... 9.9 final payment..................9.13A, 9.13.5, 14.12-14.15 in general,__,_,., _ ...._„2.8.2.9,5.6.4,9.10, 15.5 progress payment ..... ......... . ... .................... 14.1-14.7 review of ........................... _...................:.14.4-14.7 Arbitration .......................... ....... .................... 16.1-16.6 Asbestos_ claims pursuant thereto .........................45.2, 4.5.3 CONTRACTOR authorized to stop Work....,.....4.5.2 definition of_ ....... ....... .... ........ .. 1.4 Article or Paragraph Number C W%'k responsibility for „ _4.5.1, 8. 10 possible price and times change_ Authorized Variations in Work,,.,,_..3.6. 6?5, 6,27, 9.5 Availability of Lands., -_.... _... _.. _... .4.1. 8.4 Award Noticeof--defined_ _.....-... _..........__1.25 Before Starting Consu'uction......................._......-..5 2.8 Hid --definition of.., ........... ...... 5 (1.1, 1.10, 2..3, 3.3, _...... _ ___ .._ ,16.4. 6.11 11.4.3, 11.9.1) Bidding Documents —definition Bidding Requirements --definition of ........................................ „1.7 (1.1, 426.2) Bonds— acceptance of.,,,..,,,,,, additional bonds .... .......... ............_....10.5, 11.4.5.9 Cost of the Work.._ ........ ............................11.5.4 definition of.. ......... ... .... deliveryof .................................................. 11, 5.1 final Application for Payment.....,_ .,._., 1412.14.14 general......................................1.10, 5.1-5.3, 5.13, _..._...................... .......... 9.13, 10.5, 14.7.6 Performance, Payment. and Other...,- ............. 5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk 'ail -risk" policy form ..... ............. ,,.... 5.6.2 Cancellation Provisions, Insurance ......... 3.4.11, 5.8, 5.15 Cash Allowances......................._...........................11.8 Certificate of Substantial Completion,.,, -,,,LA 6.30.2.3, __........_.....-...14.8. MAO Certificates of Inspection ........... .....y.13.4, 13.5, 14.12 Certificates of lnsuraace.............2.7, 5.3, 5.4.11, 5A.13, ..... ......___.... .5.6.5, 5.8. 5.14, 933A, 14.12 Change in Contract Price— Cash Allowances11.8 claim for price adjustment... ...... ---4.1, 4.2.6, 4.5, 5,15, 6.8.2, 9.4 9.5.4.11, ]0.2, 10.5, 11.2, 13.9, .....................13.13, 13.14, 14.7. 15.1, 15.5 CONTRACTOR's ice.........................................11.6 Cost of the Work general ..... ....... __- ....._._........... ..... 11.4-11.7 Exclusions to...............................................11.5 CostRecords....... ..._.......... _..... ......_ .......... ...... 11.7 in general.............1 19, 1,44, 9,11, 10.4.2, 10.4.3, 11 Lump Sum Pricing ... ............................... ........ IIJ2 Notification of Surety__.. ............... ...... .............. 10 5 Scope or" ........ ._....... ...................._-...... ...10.3-10.4 Testing and Inspection, Uncovering the Work ......... ................ ......... 13-9 EJCW GENERAL CONDMONS 19t a-s o 9g0 EDrnom w/ CITY OF FORT COLLINS MODITICAT[ON5 (REV 9M) Cna Price Work 1 L9 Article or Paragraph Number Value. of Work- ................................_..............11.3 Change in Contract pines: - Claim for times ad)ustment.........4 1, 42b- 45. 5.15, 6.8.22. 9.4. 9.5. 9.11, 01.2, 10.5, 12.1, 139. 1313, 1314. 147. 15,1. 15.5 Contractual time limits !22 DelayN lxyond CONTRACTOR's control __. __..... _ ..._.123 IMays beyond OWNFR's and CONTRACTOKs control ........ ........_ ........ .. 12.4 Notification of surety Scope of change ....... .. _, ..... _..10.3-10.4 Change Orders -- Acceptance of%lefechve Work-,., ........ r\mcnding Contract Documents ..........................3.5 Cash Allowances 11.8 Change of Contract price..._...._.... _ _.........._.,..Il Chan_L'e of Contract Times......... Chances in the Work .. . .......... . _...:....10 CONTRAC;TOR's fee........................................11-6 Crst of the Work.... .... .................... .......... 11.4-1 L7 Cott Records,-....__....._..... _._._....-11.7 definition of, _. emergencies...., _. .........._............. _. 6.3 YNGfNEER'sresponsibility ...,_.9.8. 104, I1.?, 11'.1 .. execution of ................... ............................... .10.4 Indemnifiction ................._... 612, 6.16, @31-6.33 Insurance, Bonds and, ............... _... _._5,10.5.13, 10.5 OWNER may terminate..._ I ...... ............. _.15 .2-15.4 OWNTER's Responsibility...,__..,. fi.6. 10.4 physical Conditions-- Subsurfacc and.............................................4.2 Underground Facilities--............................4-3.1 Record Documents, .......... _........................... 6.19 Scope of Change...... _.................. ........10.3-10.4 Substitutes ......... .............. .,.,,................ 5.7.3, 6.8.2 Unit Price Work ............... ..... ,......... ... ...... .... 11.9 value of Work, covered by,,,,,,,,,,,,, .................. ..11.3 Changes in the Work .... ..... ......... I ... ... ..... ._ ..- ... .....10 Notification of surety _,........... ......................... 10,5 OW'NE:R's and COINiTRACTOR's responsibilities .... __ ..................................10.4 Right loan adjus[ment....... ____ ...... ._.... ....... 102 Scope of change ...... ..................... ............. 10.3-10.4 Claims -- against CONTRACTOR_.........__-...._.__.-........6.16 against EN&NEER.__.._....... ..............6.32 agninst OWNER ........ ........ ........ ........... t _....0, 32 Change of Contract Price ....... ....... .. .......... 9.4, 11.2 Change of Contract Times ......................... 9A. 12.1 CONTR,NCTOR's._--_ _ .4, 7.1, 9.4. 9.5, 9.11, 10.2, ...........................11.2 _..._...... .......--.....__...,,15.1, h 15.5. 17.3 c0NTR.AC-1 OR's hee 116 Article or Paragraph Number CONTRACTOR's Iiability........... 5A, 6.1', 6 16, 6,31 Cost of the Work 1 1.4, 11.5 Decisions on Disputes-1. "..' ............... 9] I, 9 1^_ Dispute Resolution..... _......... _... Dispute Resolution Agreement __._. _..-._16.1-16.6 ENGINMER as initial interpretor, ,.__ __.-__9J1 Lump SumPricng 11.3' Notice of. ..._.__.__......_,._.-. __.._.... 1.7.3 OWNF,R's................... 9A. 95, 9,11, 102, 112, 11.9 12.1. 13.9. 13,13. 13.14. 17.3 O\V)NER's liability...-........_.. 5,5 OWNER may refuse to make pkNTnent -„ ,.. ,, ., 14.7 Professional Fees and Court Costs Included.._ .............._... ... ........ __ ............. 17.5 request for formal decision or), ........................... 911 Substitute Items6 7.1.1 Time Extension..-...._._......._......................112 1 Time requirements ,..... .__............... `) Unit price Work __........... -... . 3 Valueof..........................................................J.1.3 Waiver of --on Final Payment.... ..... ........ 14.14, 14.13 Work Change Directive- ......... _,...... ....... ...........10.' written notice required .......... 1 L2, 12.1 Clarifications and Interpretations._., j.6.3, 9.4, 9.11 Clean Site ..... ............. _. _._.- ....... -... . ._...(17 Codes of Technical Society, Organization or Association..................................................3, 33 Commencement of Contract Times..._...... -...__.....-'--3 Corn munications-- general.... ................... ......................63.6.9.? 8.1 Hazard Communication Programs.., Completion. - Final Application for PaymenT ..........................►4.12 Final Inspec[ion........... ......... _., .....................14.11 Final Payment and Acceptance.,, .,...... - J 4.13-14.14 Partial Utilization,.. ,_ ............ ...... :..................]4.10 Substantial Completion_....................1.38, 14.8-14.9 Waiver of Claims............................................14.15 Computation ofTimm .............................. 17.2.1.17.22 Concerning Subcontractors, Suppliers and Others._.............._.................._......_.6.8-6.11 Conferences -- initially acceptable schedules,-_ _, ,......... _. _ _, _ .,, 2 9 preconstruction................................................... ................. 8 Conflict, Error, Ambiguity, Discrepancy. CON172ACTOR to Report.. ...... _............... ? 5. 3.3.2 Construction, before starting by CONYRACTOR........_............. ................ .._ 2.5-2.7 Construction Machinery, Equipment, etc, .............. „6.4 Continuing the Work.....................................629, 10 4 Contract Documents-- Amending..........................................................3 5 Bonds..................._.........--.....- .._........_......,. >.1 EJC'L , OENER AL CONDITIONS 1910-8 (1994 L111110N) w/ CITY OF FORT COUINS M001F[CAMNS ('RFN 9199) II Cash A]lowances I II.3 Article or Rragruph siumtwr Change of Contract Price, Change of ('ontract Times Changer in the Work ................................ RA-It15 check and verify_.........__, .......... Chrilications and _..' Interpretations... _.... ___... ... 3_2-3.6.94.1).11 definition of 1. IU ENGIN6'1 R as initial interpreter of ..... 911 ENGINE'HR as OWNF"R's representative 9 1 generat3 Insurance......._ ............... ...... _.._........_.. 3 Intent ........ ._ ........._..._.....,... 3.1-3A minor variations in the Wort„....,,. ......3.6 OWNER's responsibility to furnish data ....... _ ,8.3 OWNFR's responsibility to make prompt payment .... .............. .._..$.;.14.4, 1413 precedence.,......_ _._......._....._._._... v1. 3 33 Record Documents,,,,,,,,,,,,, 6.19 Reference to Standards and Specifications of Technical Societies .................................... 3.3 Related Work .................................................... T 2 Reporting and Resolving Discrepancies-., ,_, 2.5, 3.3 Reuseof......................__......,.,........_........_...._.3.7 Supplementing........ _....................... ... . .... 3.6 Termination of ENGINF.ER's Fm ploym ent ... . 12 Unit Price work...............................................I l-9 variations., .......................................3.6, 6_23, 6.27 Visits to Site,FNGINNEFRs- .......__..,._____9.2 Contract Price - adjustment of,,,,,,,,,,,,,,,, 3.5, 4.1, 9.4, 10.3. 1 L2-11.3 Change of....... ..... •. ............I ........................... . 1 Decision on Disputes,,,,,,, ...............................„ 9.11 definition or ............................................._.......1.11 Contract Times-- acljustment of ...........................3.5, 4.1, 9.4. 10.3, 12 Change of ............................................ _.12.1-12.4 Commencement of....._...,:....,. 2.3 definition ok;,,,,,,,,,,,,,,,,,,,, 1,12 CONTRACTOR - Acceptance of insurance....,__._,,. ,_...... 5.14 Communications ....................... _........ .,...6 2, 69.2 Continue Work 6.29 10.4 .... ... I ... ..,.............. coordination and scheduling, .......... ........... , .. _ ......... .0,-9,2 definitionof.....................................................1.13 Limited Reliance on Technics] Data Authorized .... ........... .._........._-....._._ 4.2.2 May Stop Work or Terminate ............. . ............. „15.5 provide site access to others ,,,,,,, ....... ......... .2, 13.2 Safety and Protection.,,_.... ,-_,_..4.3.1.2, 6.16, 6.18, ..... ...... I— .............. 6.21-6.23, 7.2, 132 Shop Drawing and Sample Review Prior to Submittal(i,25 Stop Work requirements ... 4.5.2 CON] RACI'OR's-- :\rlidc or Paragraph Number Compensation.. ........ .._.... ......... ....11.1.1 1.2 Continuing Obligation ........................14.15 DzIaclive Work__...._.... 6. 13.10-13.14 Duty W correct delectrve 13`ork _ ... _ ...............13 It Duty to Report -- Changes in the Work caused by Emergency .._.. ... .._._...... .......... ....... .23 Defects in Work of Others,,,,,,,,,,,,,,,, ,,, ,,,,,,,1.3 Differing conditions...................................4.2.3 Discrepancy in Documents.,,,.... 2.5, 3.32, 6.14.2 Underground Facilities nut indicated, _... _ 43.2 Emergencies,............ 0.23 Equipment and Machinery Rental, Cost of the Work...........................................11.4.5.3 Fee --Cost Plus.....-...... _..........11.4.5-6. I1.5.1. 11.6 General Warranty and Guarantee ..... .... ... ... ..... _6.30 hazard Communication Programs .....................6.22 Indemnification.........._..........._6.12 6.16,631-6.33 Inspection of the Work ......... ............. ......... 7.3, 13.4 Labor, Materials and Equipment ....................6.3-6,5 Laws and Regulations, Compliance by,,......... 6.14.1 LiabilitvInsurance_----_, „5.4 Notice of Intent to Appeal_ .......................9.10, 10.4 obligation to perform and complete theWork ...................... .............. ........ ........ 0,30 Patent Fees and Royalties, paid for by:................!M2 Performance and Other Bonds..,,., 5.1 Permits, obtained and paid for by,,,,,,,,,,,,,,,,,,,,,,,6.13 Progress Schcdulc ............................).6. 2.8, 29, 6.6, _..... .... ............. I., ........... .39, 10.4, 15.2.1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities— Changes in the Work ...............-- ............ _ 10.1 Concerning Subcontractors. Suppliers and Others ..................................... 6.8-6:11 Continuing the Work ..... ...................... ¢:29, 10A CONTRACTOR's expense...........................0.7.1 CONTRACTOWs General Warranty and Guarantee... ..... .............................6.30 CONTRACTOR s review prior to Shop Drawing or Sample submittal ................ 6:25 Coordination of Work . .................. ....6-9.2 Emergencies ............... _ ...................... 6.23 ENGINEERs evaluation: Substitutes or "Or -Equal" Items, ... ..----........... ....... i,7,3 For Acts and Omissions of Others..........................:..0-9.1-6.9.2, 9.13 for deductible amounts,insurance...................5.9 general ....... ..... .....................6, 72, 73, 8.9 hazardous Communication Programs.. _.......6.22 Indemnification_ ..... ...................... _. 6. 31.6.33 vii LKL): GENERAL. CON)I HONS 1910-8 (1990 EI)InOM re! CITY OF FORT COLLINS MODIFICATIONS (RF.V 91") Labor, Materials and Equipment _._.-.6.3-65 CON RAC'1'ORS--other_.. _.. ... 7 I.awsand Regulations ... __....,_,6.14 Contractual Liability Insurance_ _.... 5.4.111 Liability Insurance__. ...... 5.4 Contractual Time Limits,,,,_., Article or Paragraph Article or Paragraph ?Number Num her Notice of variation from Contract Coordination— Dccumenls,,. _. . _ _..... _ 6.27 CONfR \C:IOI s responslbihly _ 6!->-- Patent Pees and Royalties .. ._ _ 6112 copies of Documents Permits, 6,13 Correction Period 131: Progress Schedule. ._ _ ._.-.._...6.6 Correction, Removal or Acceptance Record Documents AN of Dejactwe Work -- related Work performed prior to in general..............................-....lu.a 1- 13.10-13.14 LiNGINEER"s approval of required Acceptance of Defective Work..... _.......... 13.13 submittals 628 Correction or Removal of sate structural loading 6.18 De(ecrive Work__„,,,,. .............. . 630, 13.11 Safety and Protection ...... -.6?0. T2, 13.2 Correction Period ,..., __............ _ ___... . ,13.1' Safety Representative....,, .._. _ .................... _ 6.21 OWNER May Correct Defective Work ...... _. - _ -13.14 Scheduling the Work ............. ............... _.... 6,9,2 OWNER May Stop Work .......................... .._..13,10 Shop Drawings and Samples,.,,,,_,_, ........... Cost -- Shop Drawings and Samples Review of Tests and inspections,,,,_ .............. 13 4 byENGQNIT:ER,,.,,.,..-_._........._........_.-6.^_6 Records11.7 Site Cleanliness.._._...._.._..-.__ ......,6.17 Cost of the Work-- SubmittalProcedures............. ..._................. 6.25 Bonds and insurance,additional .................. jIA,5.9 Substitute Construction Methods Cash Discounts,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,)1-4.^_ and Procedures.-...,._ ......................._...&7.2 CO;d-1-RACTOR'sFee.........-._.......-_._..... ... .... 11.6 Substitutes and "Or -Equal° Items_..............6.7.1 Employee Expenses..,,.,,.,-,...__...............__11.4.5.1 Superintendence..._......................................62 Exclusions to.._ ..-...-._,..,............._._........... _..11.5 Supervision ..................... ................. .......... :61 Gcneralll,4-11.5 Survival of Obl'tgations_..............................6,34 Home oliice and overhead expenses, ................... I 1-> Taxes. ............_..........................................0.15 Losses and damages ....................... .............. 11.4.5 6 Tests and Inspections..............._13.5 Materials and equipment.,__, i1-42 To Report ................. ........_.,..__.....-..._.......=5 Minor expenses ............... ._._...........-.....__11.4.5.8 Use of Premises....--._............6.16 6.18, 63Q2.4 Payroll costs on changes_ ............ ....... ...._....._ 11.4.1 Review Prior to Shop Drawing or performed by Subcontractors ............. it 4.3 Sample Submittal... ........ ......... ........ .......... 6.2.5 Recordsl1.7 Right to adjustment for changes in the Work, .... 10,2 Rentals of construction equipment right to claim,,,,,,,,-„_ 4, 7-1, 9.4, 9-5, 9.11, 10.2,11.2, and machinery__ ................... -.......... .....1i.4.5.3 ,...,,._j1.9. 12.1, 13.9, 14.8, 15.1, 15,5, 17.3 Royalty payments, perm its and Safety and Protection, ...._..,.,.._ 20-6.22-. 7.2, 13.21 license fees, ...... ........... .-.11A.5.5 SnfetyRepresentative.......................................6.21 Site office and temporary facilities_...,_-,, 1.4.52 Shop Drawings and Samples Submittals ,.... 6.24.6.28 Special Consultants, CONTRACTOR's,,,,,,---„-11 4.4 Special Consultants_ . ............. _........ -......... _11A.4 Supplemental ..... _............ ........ ......_..- ...... 11A,5 Substitute Construction Methods and Procedures.6.7 Taxes related to the Work ......... __„_ ...... .,.-_ 1J.4.5.4 Substitutes and "Or -Equal" Items, Tests and Inspection .--...... .._.... .........13.4 Expense..........................................63.1, 6.7.2 Trade Discounts. ---.- ............... ........................ ...11A.2 Subcontractors, Suppliers and Others,,,.,.__-, 6.8-6.11 Utilities, fuel and sanitary facilities..,,._,_ 1145 7 Supervision and Superintendeneq........ ,6,1, 6:2, 6.21 Work after regular hours.................................1 1_4.1 Taxes. Payment by_ ......................... ................ 0-15 Covering Work, ... ...... _....................... ._....13,6-13.7 _. Use of Premises,,,,-,__- ........ Cumulative Remedies., 17.4-173 Warranties and guarantees ......................... 6.5, 630 Cutting. fitting and patching.."...- _.. 72 Warranty of Title ....... _.... ................................ 143 Data, to be furnished by OWNER ................ ......._... t 3 Written Notice Required-- Day —definition of .. . .......... _ _........................ _ .....17,2.2 CONTRACTOR stop Work or terminate ,,,.,,,,15.5 Decisions on Disputes,-,,„,-..,,-„-,,,,,-.„.,...,,,,, 9.11, 9.12 Reports of Differing Subsurface defective --definition o(' and Physical Conditions ......... ___ ......... 2.3 defectav Work-- SubstantialCanpletitm- _.........__........__14.8 Acceptance of, ........ ................10.4.1.13.13 viii EX17C Gt'NF7 AL CONUrIIONS 191 a-8 0 WOO FINUCIN1 W1 OTP OF FORT COMINS A OMFICA-rJ NS (REV 9i99) Correction or Removal of 104 1, 13 11 Correction Period 13 12 in general ....... . .. . ..... .. .13. 14.7. 14.1 Article or Paragraph Number Observation by P.NGINEER' ......... .......... ...... ... 9: OWNER May Stop Work ...13.10 Prompt Notice of Defects, 131 Rejecting 96 Uncovering the Work Definitions Delays ............. 4 1, 6-29, 12.3-12 4 Delivery of Bonds 1.1 Delivery of certificates of insurance .... ...... I ......... Determinations for Unit Prices 9.10 Differing Subsurface or Physical Conditions -- Notice of.......'....__ 4.2.3 ENCHNFEWs Review ...................................... 4.14 Possible Contract Documents 2, 5 Possible Price and Times Adjustments-.._..... 4.2 6 Discrepancies -Reporting and Resolving ... ... 2.5, 3_12, 6.14,2 Dispute Resolution -- Agreement . .......................... ................... 16-1-166 Arbitration general 16 Mediation .................................. ..............16.6 Dispute Resolution Agreement......_._...,.. .... J 6.1-16.6 Disputes. Decisions by ENGINEER ..................9.11.9.12 .9.12 Documents -- Copiesof__ .... .. ......... ... .... ..... ........ Record 6.19 Reuseof ............. __ ....... ...... ... ..................... 3.7 Drawings --definition of ........ __ ... .............. 1.1s Easements ....... 4.1 Effective date of Agreement -- definition qf_ ........... j, 16 Emergencies .......................... ................. ENGINEER -- as initial interpreter on disputes,,,,,,,,,,,,,_, 9.11-9.12 definition of ......... .............. ___ .......... ............ 1.17 Limitations on authority and responsibilities ..... 9. 13 Replacement of .......... .............. _ I 8' Resident Project Representative ................. .... .... 9.3 ENGINEER's Consultant -- definition of, ...... ........ _1. 18 ENGINEERs-- authority and responsibility, limitations on_ ..... 913 Authorized Variations in the Wcr$.....................9.5 Change Orders. responsibility for,.. ..9.7, It.), 11, 12 Clarifications and Interpretatims ....... 16.3, 9.4 Decisions on Disputes ............... 111 ..... 9.11-9.12 defective Work, notice of ............... ......... 1.3.1 Evaluation of Substitute Items ...................... _673 Liability ........................... __ ..... ........ ..... (,3:2, 9.12 Notice Work is Acceptable...._-......__........ J4.13 Observations...........................................G.30.2, 9.2 OWNER's Representative ... ... ... 1 I ... .1.9 1 Payments to the CONTRACTOR, Responsibility fur ....... .......... _ ................ 9.9, 14 Recommendatmi or Rtyment .... ...... J4A, 14.13 Article or Paragraph Num he'r on * 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions..........._... .........42A Shop Drawings and Samples, review responsibility, ....... .... .. ....... ..6_26 Status During Construction -- authorized variations in the Work..... ............. P.5 Clarifications and Interpretations ...... PA Decisions on Disputes .......................... 9.11-9.12 Determinations on Unit Price ..... ................ 9.10 ENGINEER as Initial Interpreter.__...._. 9,11-9.12 F,NGTNFFR'.-, Responsibilities ................ 9.1-9,12 Limitations on ENGINHERs Authority and Responsibilities_..... _ ................ . _9113 ONVNMR's Representative ..............................9.1 Project Representative_ .... ... .................. ... 9.3 Rejecting Defective Work .... .... . .. ....... 9.6 Shop Drawings, Change Or rs & and Paments 9.7-9.9 Visit$ to Site Unit Nice determinations 9.10 Visitsto Site .............. .... 9-2 Written consent required .............................. 7.2,91 Equipment, Labor, Materials an4 ........................ 03-6.3 E'quipriwilt rental, Cost of the Work . .... ............ 11-4.5.3 Equivalent Materials and Equipment ....... ......... ..... .§.7 error or om issiuns .................... .......................... �33 Evidence of Financial Arrangements,_.,. ....... $11 Fxplonitions of physical condition.j. ....................... Foe, CONTRACTORs--Costs Plus..........._ ..............11.6 Field Order defunifion of 1.19 issued by ENGINEER ................................ 16.1. 9.5 Final Application for Payment ............ ................ _1 4. 12 Final Inspection..... , .......... .................................. J4,11 Final Payment -- and Acceptance....---....._ .. .. .. .. .... * 14.13-14.14 Prior it), for cash allomences 11.8 General Provisions_ ................ ...................... 17.3-17A General Requirements— definition of ),20 principal references to ... 1�4 6A. 6.6-6.7. 6.24 (living Notice., .... ......................... .............. 17,1 Guarantee of Work --by CONTRACTOR,,._,., 6,30, 14.12 Hazard Communication Programs ......... __ ............. 0,22 I14ZHI'dous Waste -- definition of..................................................).21 general... .... ... ..... ........... ......... ............... , 4.5 OWNPR's responsibility for ............................... RAO EJ(_'[X.'0ENEK.JLL CONT)l ]IONS 1910 -S (I 9YO EDITION) W! CITY OF FORT COLUNS NtODIFICAPONS (REV 9199) SECTION 00020 INVITATION TO BID Date: October 06, 2005 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on November 1. 2005, for the Lee Martinez Farm Addition; BID NO. 5942. If delivered, they are to be delivered to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of a 625 sq. ft. addition to the Lee Martinez Farm administrative building including building envelope from foundation through finishes, related sitework, utilities and landscaping. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Contract Documents will be available October 11, 2005. Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be obtained from Purchasing Division at 215 North Mason St., 2nd floor, Fort Collins, Colorado, 80524 upon payment of a refundable fee of Fifty Dollars ($50.00) per set. No partial sets will be issued. The Contract Documents and Construction Drawings may be examined at: 1. City of Fort Collins, Purchasing Division. 2. Dodge Plan Room, 1114 W. 7tn Ave., Suite 100, Denver, Colorado. 3. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 4. Construction News Service, 4775 Centennial Blvd Ste 150, Colorado Springs, Colorado. A prebid conference and job walk with representatives of prospective Bidders will be held at 600 N Sherwood, Fort Collins, CO 80521 on October 18, 2005, at 10:00 A.M. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. Indemnification 6 12, 6.lfi. 6.31-6 33 Initially Acceptable Schedules Inspection -- Certificates of ... .. .........9.13.4, 13.5, 14.12 Final ...... __..... ............. ...... ..... 1411 Article or Paragraph Number Special- required byliNGITvGEiR,........_.. Tests and Approval.__. ..._...... .8 7, 13 3-13A Insurance — Acceptance of, by OWNFR ..._- _5.14 Additional, required by changes in the Work_.... .............. ............. Before starting the Work. ....... ......... ?.7 Bonds and --in general ............ 5 Cancellation Cancellation Provisions ... ...... ...... ... -... ... .... 5.8 Certificates of .............. 2.7, 5, 53, 5A,11, 5-4.13, ............... ........ .i.6i 5, 5.8, 5,14, 9,13.4, 14.12 completed operations.- ...._.. _............ .--......5.4.13 CONPRAC,TOR's Liability.......... _ _ , ,.. ...... _5A CONfR-ACTORS objection to coverage......,,,... S 14 Contractual Liability_..............._._-_.,,.,,.__.,5.410 deductible amounts, CONTRAC,TOR's responsibility ......................................... .......... Final Application far Payment,,,,,,,,,,,,,_,..__.... 14.12 Licensed Insurers, ........................ -1 Notice requirements, material changes,,.._, 5.8, 10.5 C?ptiori toReplace _... _ .-...... ._...... 5.14 other special insurances ..... .... __.......................5-U) OWNER as lidueiary for insureds,,,,,,,,,,,,,, 5.12-5,13 OWNER's Liability 5.5 OWNERS Responsibility........................_,,,,,,,,,,.SS Partial Utilization. Property Insurance,, 5.15 Property......................._........................... >-6-5.11) Receipt and Application of Insurance Proc eds.... ....................... I .................. 5.12-5.1-1 Special Insurance, .... ............ ..... ...... _........ _.. 5.10 Waiver of Right.. _.............. _....................... s... 5.11 Intent of Contract Documents ................ ....... .1-3 A Interpretations and Clarifications.._................3.63, 9.4 Investigations of physical conditions ..........................4.2 Labor, Materials and Equipment..._ .............._,._ t53-65 Lands - andEasements .................. _................... ..........9.4 Availability of ............................. ......... ..... -.4.1. 8A Reports and Tests- ............._....,.....i....., 1..........$-4 Laws and Regulations --Laws or Regulations-- Bonds Changes in the Work_ ............. ... 10.4 Contract Documents__..................._...............,.3.1 CONTRACTORs Responsibilities__ ...............6.14 Correction Period, defective Work....................13.12 Cost of the Work, taxts........ ................ ....... 11.45-4 definition of _..._................_. ._.---.... ..1.22 gencra16.14 Indemnification...._..._..._......_........._...._ 631-(i.33 Insurance 53 Precedence 3,1, 33.3 Reference to. ... ............... ..... _3 3A Safety and Protection ....._.. . _........_. ...6.20, 132 Subcontractors, Suppliers and Others 6.5-6.11 .Article or fort:graph '• um tier Tests end Inspections_ _ _ .. ..._. -135 Use of premises _... _......6.16 Visits ro Site -_ _ _.. _ 9.2 Liability Insurance-- CON11 R.ACfOR's.... ..................... .................... 5 4 Licensed Sureties and Insurers,,,,.,_ ................. ...... 5.3 Liens -- Application for Progress Payment ......._ ....... C.'ONl-RACfOR'sWarranty of -title_... _,..---- -14,.3 Final Application for payment ....... ................. 14.12 definition of.., , _....._......... ......... Waiver of Claims, -__............ _._ 14.15 Limitations on ENCINEER's authority and Limited Reliance by CON'IRAC'fOR Authorized ................................ _ .................... t.2.' %,laintenance and Operating Manuals-- Final Application for Payment .... _..... .... _..... .14.12 N.lanuuls (of uthers)-- Precedence.__.... Reference to in Contract Documents ..................3.3.1 Materials and equipment — furnished by CON1'RACTOR... ........ __.63 not incorporated in Work,,,,,,,,,,,,,__...,,,.. _.....,14.2 Materials or equipment--equivalent„.........................0-7 1`'lediation (Optional)) .......... ..... ............. ..... -...... ..... 16.7 Milestones --definition of ..... ...............................124 NIisceAancous-- Computation of Times. ....._.................. ....._._...17.2 Cumulative Remedies_... ........ ......__............ _.17.4 Giving Notice__ .........................._.._.............17.1 Notice of Claim ................ _....... ............. . _ ........17.3 Professional Fees and Court Costs Included ......... 17.5 Nfulti-prime contracts.,,-_ _.... ... ........................ _..., 7 Not Shown or Indicated ....... ........ _...... _........ ...... 43.2 NVtice of -- Acceptability of Project .... _.......... ._..................14.13 Award, definition oF.,,,.._....._...................__.,,,1.25 Claim .............................................I...........17.3 ... Defects.13.1 Differing Subsurface or Physical Condition-,_,... 4.2.3 Giving. ......... ............................................. 17.1 Tests and Inspections ........... _ ...........................13.3 Variation, Shop Drawing and Sampl4.................4.27 Notice to Proceed -- definition of .................. ...................... ..........._1.-6 giving of 2.3 IJCIV OENERJU, CONDITIONS 1910.3 41990 EDITION) w" OTY- OF FORT COLUNS MODIFICATIONS (R(:4' 9199) 1 eiificanon to Surety _ ... .. ............................ I Q.5 Otxervations, by ENGIN1i1�R.--___........._.._..,F.30, 9.2 Occupancy of the Work .... ..........5.15, 6.3U .4, 14.10 LAnissions or acts by CONTRACTOR ................6.9. 9.13 Open Peril policy form, Insurance,,,,,,,,,,,,,,,,,,,,,,,,,,$.63 Option to Replace .................... ................. ............... ,14 Article or Paragraph Number "Or Iiqual" Items .... ..... Other work 7 Overtime Work --prohibition of OWNER — Acceptance ofdePchre Work...........................13.13 appoint an ENGINEER _...... .......................a•' - as fiduciary. ........................................... J.12-5.13 Availability of Lands,. responsibility ................ .4.1 definition of................_............................-...-,L 17 data.furnish............... 8.3 May Correct Defective Work ........................ ...:13,14 May refuse to make payment.............................14.7 May Stop the LYork....... ....... ............. ......... ,,1110 May Suspend Work, Terminate_,. ... ....... .._........ $.8, 13,10, 15.1-15,4 Payment, make prompt.....................8.3, 14.4, 14,13 performance of other work., .................. ............. 7.1 permits and licenses, requirement 's.............. _...613 purchased insurance requirements,,,,,,,,,,,,,, 5.6-5.10 O1 NTR's-- Acceptance of the Work . ................. ........ ..4.302-5 Change Orders, obligation to execute,,,,,,,,,, 8.6, 10.4 Coin m unications............ ................................. ..:81 Coordination of the Work 7.4 Disputes, request for decision,,,,,,,,,,,,,,,,, ,,,,,„9.1.1 Inspections, tests and approvals..................8.7, 13A Liability Insurance., ....... ........ .......... ... ......... 5,5 Notice of Defects ............. ........................ 13.1 Representative --During Construction, I NGINFFR's Status ............ ..........................9,1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material8.10 Change Orders .............................................. 8.6 Changes in the Work ............................ ...... 10.1 communications 8.1 CONTRACTOR's responsibilities...,,,•„,,,,_... 8.9 evidence of financial arrangements.....,,,,,.,,8.11 inspections. tests and approvals,,,,,,,,,,,,,,,,,,, 8.7 insurance..._................................................: 8.5 lands and easements ----- ............ ............ ._...,.8.4 prompt payment by. ........ ...,.,,,. ... ................ „ 8.3 replacement of ENGINEER........... ........ .....8.2 reports and tests .............. ................ .............. 8.4 stop or suspend Work.,_.............$,S, 13.10, 15.1. terminate CONTRACTOR's services, ................. .................. 8.8, 15.2 separate representative at site..............................V3 xi testing, independent,.,_.,,,. use or occupancy of the Work written consent or approval required, 5,15, 6.30.2.4. 14.10 .9L63, 11A EJCDt' M''NLKAL CONDITIONS 1910-3 (1990 LIJI.110N) ` wI CITY OF FORT COLLINS MODIFICATIONS TREY 9199) .a Article or Paragraph Numixt- written notice required.. 7 1, 9.4, 0 11, I 1 1 11 1), 14 7- 1 4 definition of I 39 general ...... ..... ........ OWNERS resporvibiln[N fw. 8.10 Partial Utilization-- definitionof 1 28 peneial(,3i)24. 14,10 Property Insurance .4; 15 J'atent Fees and 12 Payment Bonds . .......... Payments, Recommendation or 14 4-147, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPaynients_. 142 CONTRAC-I OR's Warranty of'I itle., 14.3 Final Application for Pay-nient, ... ..................... 114,121 Final Inspection,.._.__.-... ..... 14 11 Final Payment and Acceptance- 13-14.14 general .. ... $3, 14 Partial Utiltzation ....... .. 14,10 Retninage ....................._ .................................. 22 1.42 Review of Applications for Progress Payments.., __ . ...... . 14A-14,7 prompt payment...-..._ ......... ... ..... . .. .. . .. ..... 8,-3, Schedule of Values..,.__ .. - .... ..... . . ..... .. 14.1 Substantial Completion,, .......... . ... 1413-14-9 Waiver of Claims .............................................14.15 when payments due ............. ......... 14A, 14.13 withholding payment......_.-........_ . ............ _..147 Performance Bonds 1-5.2 Permits ... 6.13 Petroleum - definition of ......................................................1.30 general__ ................ _ ....... ................ 4.5 OWNER's responsibility for,,........_........._., Physical Conditions - Drawings of, in or relating to.....,,,_..... .4,2 1.2 ENGINEFR's review 42.4 existing structures_.... .. ....... .... .. 4.') general 4.2. L2 .... . . ....... ... - ....... Notice of Differing Subsurface or,.,,,,_.,.,--„-„„ 423 Possible Contract Documents Chun.v ...............3.2.5 Possible Price and Times Adjustments .... ....... . ,4.16 Reports and Drawings...................................... A'- 1 Subsurface and,.._-,.._..........._..._._....__......, 4.2 Subsurface Conditions 4.2, 1. 1 Technical Data, Limited Reliance by CONTRACTOR Authorized 2-2 Underground Facilities -- general......... ........... .............. ...... 43 Not Shown or Indicaed Protection of .........................................4.3, 620 Article or Paragraph Number Shown or Indicated, 4JI Technical Data 4.2 2 Pi econstruotion Conference ... ......2.8 11relimmary Matters Melinnina", Schejule.� 2.6 Premise5. Usc of Price, Change of Contract Rice. Contract --definition of 1.11 Progress Payment, Applications tbr ...... .... .......... 142 Progress Payment-retainage 14.2 I't ogress schedule, CONTRACTOR s............ ".6, 18, 2.9, 6.6.629, 10.4, 15.2.1 Project --definition of._.._........................................1.31 Project Reprcsentatiye-- UNGINEER's Status During Construction ..... ...... 9.3 ],reject Representative, Resident- -definition of .......... 1.33 prompt payment by OWNMR ................ ............. ..... 8.3 Property Insurance - Additional.... ...... ....... .... ..... 5,7 gencruls,6A, K) Partial Utilization.._ .........5.15, 14.10.2 receipt and application of proceeds ............. 5.12-5,13 Protection. Safety and ........ ..................... (1.20-0.21, 112 Punch list I4-11 Radioactive IvIaterial- d6int ion of ......... .............................1.32 -,encra]4 5 OWNFR's responsibility for, ......... ................... 8Ao Recommendation of Paynicrv..._ ... ........ 14A, 14,5, 1413 Record Documents ..... ... ... . ... ... _ . 6.19, 1+12 Records, procedures for maintaining, ... ............. Reference Points .......... 4.4 Reference to Standards and Specifications or Technical Societies 3.3 Regulations, Laws and(or)......................................6.14 Rejecting Defective Work ... _ . .......... ....................... 9.6 Related Work- atSite _ ...... ....... ...... ..... ..... . ...... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review6.28 Remedies, cumulative . .. ...... . 17.5 Removal or Correction off)qj�cfive Worl ................ J3.11 rental agreements. ONANTIR approval rcquixt4 .... 11.4.5.3 replacement of ENGINEER, by Oka NER............ ........ 8.2 Reporting and Resolvirn, Discrepancies_ ................. ........... 2.5, 3,32, 6 14.2 Reports - and Drawings_......._ ...._.... . - ..... ..... and Tests. OIAWUts responsibility_.. ......... $.4 Resident and Project Representative - definition of 1,33 provisionlor ............................................................ 9.3 xii I-K.]X.. GENEK--U, CONUMONS 1910-8 (1990 EDITION) W/ (ITY Of FORT COLLINSAJOI)MCATIONS (REV W99) Article or Paragraph Number Resident Superintendent, CONTRACTOWs .6 2 Responsibilities— CONTRACTOR's-in gencrall 6 ENGINEFR's-ingcneral.l...... Limitations on 13 OUNER's-in general..,,,. .... .. 11.11 8 Retainage ......... _14,2 Reuse of I)ocurrients 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal, __ ...... Review of Applications for Progress Payments........._.- .. .... .... 14,4-143 Right Loan idjustment, 2 Rights of Way_...._ _.... .............. ...... ............... ... 4'1 Royalties, Patent Fees and,,,,,,,,,,,,,,,, ...................... 6. I I Safe Structural Loading ............................... 618 Safety -- and Protection..._........................_. 4.3.2, 6.16. 6.18, ................ .................... 6.20-621, 7.2, 13.2 general .................................................... ��.2f)-6,23 Representative, CONTRACTOTCs ... I .................. .(_21 Samples— definition of,,,,,,,,,,,,, .............. ......... .. _1.34 general ......... ............ ............ ..... _6.24-US Review by CONTRACTOR ............... ...... _ .... 6.25 Review by ENGINEER ............ __ ....... ...... 4.2 26, &27 related Work ......... _ ............. ....... _ ....... submittal of ... ...... ........................ ......... _6.24.2 submittal procedures.........................................6 25 Schedule of progress..__ .................. ;.6, 2.8-2.9, 6.6, ................... 10A, 152.1 Schedule or Shop Drawing and Sample ,Submittals, .... .......... ........ ZA 2.8-2.9, 6,24-6.23 Schedule of 2.8-2.% 14.1 Schedules-- Adherence to___ ..................... ................... 15.2.1 Adjusting............__ ..... ............................ .......6.6 Change of Contract Times........._......................10.4 Initially Acceptable;,.,..._,,,.,,.,, •......... ......... 2.8.2.9 Preliminary...... __ .............. ................. _2_6 Scope of Changes.......... • ......................... 10.3-10A Subsurface Conditions..., ....... ....................... 4.2.1.1 Shop Drawings -- and Samples, general ....................... __ ...... 6,24-6-2S Change Orders & Applications for Payment-, and.. --... ................. __.9.7-9_9 definition o( ...................... ............... 1.35 HNGINEER!s approval of,.. ..... ...... ...... ......... .3.6:2 ENGINEETs responsibility for revieN.................... ..... _ ........... 9,7, 6,24-6:2S related Work_ .................... __6 I ....... ..... . -S review procedures .......... ......... ........... 2,8,6.24-6,28 Article or Paragraph Number sohminal required 24.1 Submittal Procedures......_ 6.25 use to approve substitution's 6,73 Shown o) Indicated_ ................ . ... ...... ...... ...... 4.3.1 Site Atxess 7.1 13.2 Site Cleanliness, .617 Site, Visits io by EN G INT E R.. 112 by others.. 13.2 %pecal causes of los.'' policy form, insurancr., ...... . .... ... ..... ... ';.6.2 definition of 1.36 Specifications— defintition of ....... . . .... ..... .. .... ...... ... J.36 of Technical Societies, reference to .... ............. 3-3.1 precedence........... .......... ................... ..... 3.3.3 Standards and Specifications or Technical Societies..._. 33 Starting Construction, Peforer Starting the Work. ... ... ..... 2.4 Stop or Suspend Work -- by CONURACTOR .. ....... _ ................................13.5 by OWNER .............. .......... ....... _8,8, 13 10,15.1 Storage of materials and equipment. _ _ ...4.1. 7.2 Structural Loading. Safety,. ........ '.fi. 18 Subcontractor_ Concerning ............................. .................. b.8-6_11 definition of........._ ............. ............... ........... j.37 delays .. ......... ...... .... . ....... _11 2-3 waiver of 0 11 Subcontractors --in general,., . ... ........ .... 6.8-6.11 Subcontracts --required prov i sion s, 11, 6 11, 11.4 - 3 Subm ittals Applications for Payni car ... ...................... 142 Maintenance and Operation Manuals-, .... ........ 14.12 Procedures........ §.25 Progress Schedules,.....,, •........... ........ 2.6,2.9 Samples ............... ...... .................. ......... 6.24-6.28 Schedule of Values ............ .............. .16,14.1 Schedule of Shop Drawings and Samples Submissions .... ........ .... ___ ..... 2.6, 2.8-2.9 Shop Drawings... ... _ ..... ................. ...... 6,24-6.28 Substantial Completion— certification of 61.30.23, 14.8-14.9 definition of ......... ......... .............. _J,38 Substitute Construction Methods or Procedures .......6.7.2 Substitutes and "Or Equal' Items 6.7 CONTRACTOR!s Expense,.,.....-_.._....... f5.7.1.3 ENGINKERs Evaluation................ ....... 6.7-3 "Or -Equal* ......... __ ..... *-,, ' " .........6.7.I.1 Substitute Construction % odq LJCL)C L;h\'LKAI. CONDITIONS 1910-8 11990 FDJUON) NVI CTFY OF FORT COLLN52MODIFICATION'S (REV9199) R I Article or Raragraph Numher or Procedures_........................................... 6.7.2 SuhstituicItems ...._. o.ZL2 Subsurface and physical Conditions -- Drawings of, in or relatiig to _ _ - ._... _., 4.2 1,2 1Nt3T°dTsLRsReview_. general_ _ Limited Reliance by CONTRACTOR .Authorized +2.2 Notice of D i fh i mg Subsui f rice or Physical Conditions .-_. ..,.. _...-.._...... 4.13 Physical Conditions 42.1.2 Possible Contract Documents Change .. 4.^ 5 Possible Price andTirues Adjustments; .-.-...... _4.2.6 Reports and Dratsings... _. _..__ .............._.4.2-1 Subsurface and....._ ............................................ 1.2 Subsurface Conditions at the Site...............__.4.2.1.1 Technical Data ..... ... _..._._...4,2.2 Supervision-- CONTRACTOR'sresponsibility ---- _...... ,_.._..... G.I OR'NER shall not supervise 8.9 ,,,,,,,,„-,. F,NGTNEFR shall not supervise ........... ,_..9.2, 9.13.2 Superintendence........... (.2 Superintendent, CONTRACTOWs resident ..... ........612 Supplemental costs_.. .... _.. _.- -. _........... .-........ 11.4.5 Supplementary Conditions - definition of, ..... ___ ................. ........ ......... ).39 principal references to................1.10, 1,18, 2,2, 2.7, 4.2, 4.3, 5.1, 53, 5.4, 5.6-5.9, JAL, 6.8, 6.13, 7A 8,11, 9.3, 9. 10 Supplementing Contract Documents .............. ..._,,,,, 3.6 Supplier -- definition of......................................................1.40 principal references to .... ...... 17, 6.5, 6.8-6,11, 620, _._.- ...... ..__.............._-. _6.24, 9A3, 14.12 Waiver of Rights...... _._ . ¢.! 1 Surety -- consent to final payment, ....................14.12, 14.14 ENGINEER has no duty to................................9.13 Notification of ......... ........__._.10-1. MS, 15.2 qualification of__.......-.._......_............._....,.5A-5.3 Survival of Obligatlons,,,_,, 6.34 Suspend Work, OkNNER May ..... _........,.._...73.10, 1511 Suspensiori ol'W'ork and Termination --_-,,,,,, ....... 15 CONTRACTOR May Stop Work orTerminate, .... ..... .._................................ 155 OWNER May Suspend Work ....._.............._......15A OWNER May Terminate ........ ._................15.2-15.4 'faxes --Payment by CONTRAMOR........................ 6.1.5 Technical Data -- Limited Reliance by CONTRACTOR Possible Price and Times Adjustments ..... ......... 4 2-6 Reports of Differing Subsurface and Physical Conditions._._ ..... ......_..........._....4 MY 2.3 lemporaryconstruction facilities _ _ 41 Article or Paragraph Number Tern, inat ion -- by CONrl-RACTOR 15.3 bv011NhR........... ...... Sk Is1-15.4 ofF:V(iINL'ERbemployment _ _ _ 8 Suspension (4 Work-in general, . _, _15 Terms and Adjectives _.. 34 Tests and Inspections-- Accesstothe Work, by others ......-----. ____13.2 CONTRACTOR's responsibilities, ,,,_, ,,,. ,,,,,135 cost of 13.4 covering Work prior to ...__........... ........ _136-13.7 Laws and Regulations (or).. ,,, _,,,,,_,.-._.-... Notice Of Defects.....-._ _.................. 13.1 OWNER May Stop Work...... ____.......-.. _....13.It) OWNER's independent testing ..........................134 special, required by ENGINEER ....... . ........... ().6 timely notice required .. ..... ............ . ...... 13A Uncovering theWork, at ENGIINMER's request .......... .- ......... . ..13.8-13.9 -rune. -- Adjusting.......................................................... ¢.6 (:hange of Contract...." ........ Computation of .............._...............-_.-........ ... 17 2 Contract Times --definition of ......... _............ . ,,,L12 day_....._._....._....._-._ ........... ... ..17?.2 Milestones- ....................... ......... - .......... ......... 12 Requirements - appeals _..... ............ ._.9-10, 16 clarifications, claims and disputes ..................9.11, 11.2, 12 Commencement of Contract Times.................'_3 Preconstruction Conference ...........................„.8 schedu]es..........................................6, 2.9, 6.6 Staring the Work ........ ........ ............ ___ ...... 2.4 Title, Warranty of .......................... ......14.3 Uncovering Work ................... .................. ...... .13.8-13.9 Underground Facilities, Physical Conditions -- definition of................_................................._I.41 Not Shown or Indicated ....... ...... ........ ............ 4.3.2 protection of.... ---- .................... ........._,4, 3, 6.20 Shown or Indicated-,.-- _ ..............................4.3.1 Unit Price Work - claims..._,__ .................................... ...........1,L93 definition of .............. ........ .. ............................ .42 generalll.9. 141, 14.5 Unit Prices-- generall 1.3.1 Determination for ............................ .............9.10 Use of Premises ....................... ......_6.16, 6,18, 6.30.24 Utility owners............................6.13, 6.20, 7.1-7.3, 13,2 Utilization, Pariial..... .......... _.1,28, 5.15, 6.3024, 14.10 Value of the Work ........................... I....................... 11.3 Values, Schedule of ............. ................ .6. 2.8=29, 14.1 rxrnt: GENERA. CONDIflONS 1910-8 (1990 EDITION) w7t3iY of FORT Cou.INS Mor)tF1GY17TONS (F.V 9M) Variations in Rork --Minor Authorized__ 62-5. 627, 9 5 Article or Paragraph Number Visits lo ENGINEER Site --by .............................. Wnivcr ot'Claims—on Final Pavinent 14 1 Waiver of Rights by insured parties ........... 5 11, 6.11 Warranty and Guarantee. ficnerul-by CON f RAC'FOR 6.30 Warrant%, (if Fille. C()NMACTOR's- . ...... 14.3 Work - Access to 133 by others 7 .hun-es in the 1.0 Continuing the-, .6.29 CONTACTOR 1\6"' Stop Work or Terminate....._. Coordination of Cost of the,... .................................................I definition of J 43 neglected by CONTRACTOR...... .... ...... 114 other Work 3 OWNER XMay Stol) Work......___._.._ ..............13.10 owNER May Suspend Work ............. ..... 13,10, 15.1 Related, Work at Site ..... ..." ................ 7.1-7.3 Starting the._..........- .... ....... 14 Stopping by CONTRACTOR ................... .. .... 5.5 Stopping by OWNER .............. .... ............. 15.1-15.4 Variation and deviation authorized, minor_ ... �6 Work Change Directive - claims pursuant to ................... _ ....... ................ 10,2 definition of ... 11 - I ...... ----- � --- - .1.44 principal references to,_ ........... ....... 3.5.3, 10.1-10.2 Written Amendment -- definition of --- I ......... ....... ... 1.45 principal reference-, to .............. 1. 10, 3.5, 5. 10, 15. 1 2, ....I ................... G.6.2, 6.8.2, 6.19, 101, 10.4, ............ ......................11.2, 12A, 13,12.2, 14.7.2 Written Clarifications and Interpretations ...... ............................ 3.63, 9.4, 9.11 Written Notice Required -- by CONTRACTOR ........................... _7.1, 9.10-9.11, 10-4, 11.2. 12.1 I -A -OWNER 9.10-9.11, 10.4, 11,2,13.14 XY Ex)c GPNERAi, coNxnoNs i9jo-s o'9go Fa)rnw w/ CITY Of FORT COLUM NIODIRCAMNS (REV91W) (This page left blank intmimall}) xn IDOX CEN13R U, CONDMUNS 1910-3 t1990 EUII[ON) wt CITY OF FORT COUJNS MODIFICA'nONS (REV 9i99) GENERAL CONDITIONS ARTICLE 1--DEFINITIONS 1i71erever used in thek General Condilions or in the other Contract Documents the following terms have the meanings in licited which are aplaliaible to both the singular and plural thereof i I. _lddenda--Written or graphic inatruments issued prior to the opening of Bid% which clarify. correct or change the Bidding Requirements or the Contract I )ocuments. 12- Agreement —The written contract between OWNER and CONTRACTOR covermg the Work to be performed. other Contract Documents arc attached to the ,Aorceutont and made a part thereof as provided therein. 1.3. Applieodon _lire Payment- fhc firm accepted by FNGINEAR which is to he used by CONTRACTOR in requesting 1roaresss or final payments and which is to be accompanied by such supporting documentation as is required by the Contract 1)ocmncnts 1 4. Asbestos --A y 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 135 Biel —"the offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Buleling Docimrenis—The advertisement or invitation to Bicl, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Sibs). 1.7. Bidding ReyniremenLc--The advertisement or invitation to Bid, instructions to bidders, and the Bid font. L8. Bondr—Performance and Pcnmern bonds and other instruments of security. 1.9, Change Order --A document recommended by FNGINR-21R, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Nate of the Agreement. l.tp. CwUrad Documents —The Ai-,reement, Addenda (which pertain to the Contract Documents), CONTRACfOR's Sid (including documentation accompanying the Sid aml any post Sid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agrcenwnt, the Notice to Proceed, the Bonds, there General Conditions. the Supplementary Conditions, the Specifications and the Drawings as the WDC(iENERAL COND111ON31911)-3(1994) Edijl u x3 Cl'17 (]F FORT CY)LLIAS 3tCsD117 CAT'li?yS ❑<El' 4RU0U7 snue are more specifically identified in the Agreement, to" cther with all Written Amendments, Change Orders, Work Clmrtbe Directives, Field Orders and E:NGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5. 3.6.1 and 3.6.3 on or after the Effective fkue of the Aueemem. Shop Drawing, submittaLs approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 431 and 4.2_' are not Contract Documents, 111 Conracl Price -The moneys payable by OMNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph It 9.1 in the case of Unit price Work) 1.12. Contract Tines -The numbers of chaos or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (it) to complete the Wurk so that it is ready for final payment as evidenced by ENGfNI ER's written recommendation of final puyment in accordance with paragraph 14,13. 1-13. COYIRAC7'DR-The person, firm or corporation with whom OWNER has entered into the Agreement 1.14. def.,c ive—.An adjective which when modifying the woad Work refers to Wok that is unsatisfactory, faulty or deficient in [lilt it does not conform to the Contract Documents, or does not meet the requiremetu of any inspection, reference standard, test or approval referred to in the Contract Documents, or has hem damaged prior to F- GINrEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by QVVNTTER at Substantial Completion in accordance with pa rrivaph 14.8 or 14. W). IA i Drawings --The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1.16. Effective Dare or dre Agntement--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 sited and delivered by the last of the two parties to sign and deliver. 1.17. EN01NlER—The person, firm or corporation named as such in the Agreement. 1.18. E'v'GINEER's Cwavtdrant—A person, firm or corporation having a contract with ENGINE.FR to furnish services as ENGINEER's independent professional ass ociale or consultant with resTwet to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written ostler isslred by ENGINEER which orders mirror changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1 20. General Requirements --Sections of L')ivision I of the Specifications. 121. flazardwis 117aste—The tern llazmrdous Waste shrill have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 69041 as amended from time to time. 1.2 ty Laois and Regulations; La+is or Regulations --Any and all applicable laws, rules. regulations. ordinmtces. codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction 1 __.b. Leeal Ilolidays—shall be otiose holidHys_ebsened Ins the City of port Collins 1.23. Liens—Lierm charges, security interests or encumbrances upon real property or personal property. 1.24 atlikstone--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of ell the Work. 1 25. Notice ofAwani—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions prectal nt enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed A written notice given by OWN'FR. to CONTRACTOR (with a copy to F;NG1N ER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perfoma CONTRACTOR'S obligations under the Contract Doctirnents. 1.27. OWNER —The public body or authority, curpomtion, association, firm or person with whom CONTRACTOR has entered into the Agrectuent and for whom the Work is to be provided 128. Partial Utilisatiorn--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. 129. PCBs—polychlorirmted biphertyls 1.30, Petroleum —Petroleum. including nude oil or any fraction thereof which is liquid at standard conditions of tern nature and pressure (60 degas 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-flazrardous Wastes and crude oils. 1,31. Project —The total construction of which the Work to be provided tinder the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Ra&oactitxr Material —Sauce, special nuclear, or hyproduct material as defined by the Atomic Ftnergy Act of EICDC OLNM& CONv'DIl'K)M 19103 (1990 Edith{) w Ct"ry OF FORT COLLINS MOINFICATIONS (RF.V 4:20 ) 1954 (42 USC Section 2611 et sxl) as amendal from time to time. 132.b. Re�ulur Ji'or$r> Hyltrs--Regular nrki�}xxus are defined as. 70(ian, to. 6.00pm_.,unless othcnviise specified in the General keouirementg_ 133. Resident Project Representative --The authorized representative of E\GI\TLR who may be assigned to the site or any purl thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the smndards by which such portion of the Work will he judged 1.35. Shop [)ravings--AII dra vings, diagrams, illustrations. schedules and other data Of information which are sp"ifrcally prepare{ or assembled by or for CONTRACTOR arYJ submitted by CONTRACTOR to illustrate some portion of the Work 1.36. Specihctvinns -Those portions of the Contact Documents consisting of n7itten technical descriptions of materials, equipment, construction systems standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1,37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 138. Subslmttial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opirntn d ENGfNP:F,R as evidenced by LNGMER's defrutive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for rite purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGWF.ER's vintwo recommendation of final payment in accordance with paragraph 14,13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier -A manufacturer, fabricator, supplier. distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Umiergrorural Facilities --All pipelines, conduits. ducts, cables, wires, manholes, vaults, tanks. tunnels or other such facilities or attachments, and any eni asettents containing such facilities which have been installed underground to famish any of the following services or a materials electricity, oases, steam, liquid petroleum products, telephone or other communications, cable television. sewage and drainage torioval, traffic or other control systems or water. 142, Unit Piice If ore —Work to he paid for on the Ixnsis of unit prices. 1.41, JVoik--The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of perfurming or furnishing labor and furnishing rind incor77x?mhng materials and equipment into the construction, and3 pdrfomting or furnishing services and furnishing documerim all as required by the Contract DOcuments 1.44. Work Change Directive —A written directive to CONNTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER- ordering an addition. deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to he Performed as provided in paragraph 4,2 or 4.3 or to ctncreencies under paracmph 6.2,1- A Work Change Dirtit ive will not change the C.ontinct Price or the Contract Times, but is evidence that the parties cxpcct that the change directed or documental by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 16.2, 1.45. ff"niten Amentdrient A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non¢ngineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELLM NARY -MATTERS Delh•ery ofRonr6: 2.1. When coNTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER skin Bonds as CONTRACTOR may be required to ftimish in accordance with paragraph 5.1. 01 ies of Documents: 22 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed 2.3. The Contract Times will commence to run on the thirtieth day after the Effective pate or the Agreement, or, E1C'UC C:ENEIt_4L CbNDI'17UN5 1910-8 099a Edtitian wf (A IT OF FU1tTt%)t.tANS?ytOUIt4G1T1ONS (REV 4f2000) if a Notice M Proceed is given. otn the day indiaii(d in the Notice to Proceed, A Notice to Proceed maw he given at any time )within thirty days after the Effective Date of the tgreement--In--au--evarslt--w the__.G:cwtfiiiq—Times Ekim�n}ertfitsiH fka1-{ateF-l!H!Fl-floc-SLVtteth-t{F1�-{}ffeF.the.. d!w of Bid offnine or the thirtieth day aRer the Hlective 1 Nite of the Agreement; whichever date is earlier. Starting th e Work: 24 CONTRACTOR shall start to Perfiorn the Work on the date when the Contract Tunes commence to run. but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Construction: 2.5. Before undertaking each Imo of the Work, CONTRACTOR shall carefully study and comp irc the Contract Documents and check and verity pertmeni figures shown thereon and all applicable Geld measurements CONTRACTOR shall promptly report in writing to ENC WEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or claritiation from ENGINEER before proceeding with any Work affected therebv; however. COidrRA'OR shall not be liable to OWNER or ENGINNMER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otlicrvwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review; 2.6.1. a preliminary progress schedule indicating the times (numbers of days or elates) for starting and completing the various stages of the Work, including any N ilostones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times fox submitting, reviewing and processing such submitta. 2621 In no case will a schedule be �Keep!gble wtrich allows less than 21 calendar days far each ii;; by Fhnimrer 26.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component girls in sufficient detail to serve as the basis for progress payments during constnmtiort Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started. CONTRACTOR and-O;W shall eaM deliver to thte oth" OWNE with copies to each-additiEinel aris�ired identified-ia-the-Rappletnatttttty-('snditiknris F,�i FGEVE:'ER, The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 50 of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal .property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By J4mes B. O'Neill, II, CPPO, FNIGP Dig eSK r of Risk Management & Purchasing certificates of insurance (and other evidence of insurance whin]t-�itlil�-of-ihettr-ax—nutty--mkJiti�trl- insttr,�ti-niav teusertulik, request requested Uv 0WNTRi which CONTRACTOR oRdB),'#' rammt4ivaly-ace is required to purchase and maintain in accordance with paragraphs 5.4,-5:6-and 5 7 Preconn,rudion Conference: 2.8. Within twenty days after the Contract Times start to run, but before env Work at the site is started, a conference attended by CONTRACTOR. ENCTIIFER and others as appropriate will he held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6. procedures far handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Accepra ble .Schedules: 2.9. Unless otherwise provided in the Contract Documents, at- least -Een lays Uafere-sty ,,T, etion €or I=aI eat before any work at the site be4ins a confmn-rtce attended by CONTRACTOR. HNGJNHHR and others as ajmpropriele dgsigimatcd lw 01V�E will he held to review for acceptability to f--, GINEER as provided below the schedules submined in accordance with pzaragmph 2.6. a�tivisisal_.l_:etl_.nlumel).ts. CONTRACTOR shall have an additional tent days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the sclte Ics are submitted to and acceptable to JNGINEiHR as provided below. The progress schedule will be acceptable to ENGINFFR as providing an orderly progression of the Work to completion within any specified Milestones and the Conrad Timm but suchacoeptance will neither impose out ENGINEER responsibility for the sequencing scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOWs schedule of ShopDriwintg and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing aW processing spa required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRAU DOCI t�7ENTS: N TEIINT, AA1FN'DING, REUSE Intent; 3.1, The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by cite is as bindingasif caller] for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. it is the intent of the Contract Documents to EJcDcaLN K,,u,coNL)rnom 19Im(1990 Edition) w/ f l' Y OF FC1RT CCILLIN3 h10I.�1FLCATIONS IkE.V 4 2o1N1) describe a tunetionally coenpkte Project (or pun thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prti ailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a mell-krwwn technical or conslruclion industry or trade meaning are used to describe Work, materials or equipment such words or phrases shalt be, interpreted in accordance with that meaning. Clarifications and interpretations of die Contract Documents shall be issued by HNGINHHR as provided in paragraph 9.4, 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resohing Discrepancies: 3.3.1 Reference to standards, specificstions, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or Regulations in effect at the time of opening of Bids (or, on the Hticctive Date of the Agreement if there were no Bids), except as may be otherwise specifically stated at the Contract Documents, 3.3.2. If during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, sp=ification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACT OR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph.6.23) until an ameralment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3 5 or 3,6, provided, however, that CONTRACTOR shall not be liable to OWNER or EING1NUR for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Fi,wept as otherwise specifically stated in the Contract DoLumerits or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6. the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard. Specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or , 3.3.2 the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisicrus of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual. care or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or FNGINEER, or any of their subcontractors, consultant% agents or employees from those set forth in the Contract 13ocunucnts, nor shall it be effective to assign to OWNER. T-:NCr11NTF,ER or am' of FNGf, UR's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or arty other provision of the Contract Documents. :i _ Whenever in the Contract Documents the terms "as ordered". "as directed", "as required", "as allowed", "as approved" or terms of like effect or import arc uwd, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of Ike effect or import are used to describe it requirement, direction, review or judgment of FTNGIN`EER 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 BNGINTER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending andSupplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.7. a Change Order (pursuant. to paragraph 10.41 or EJC'DC(:ENE*7tAL CON'L)IIIONS 1910-3 (1990 E(6riam) w+' CTIT CN' FOaT CY)LLI;JS IDtODIflL'A71pNS R<hV 9P_nlNn 3.5.3, a 11ixk C'han,e Dine ive (pursuant to paragraph 10.1)- 3.6 In addition, the requirements of the Contract Documents may be supplemented. and minor variations and deviations in the Work may be nuthometl, in one or more of the following ways: 3.6.1. A field Order (pursuant to paragraph 9.5j. 3.6.2. ENGINEER`s approval of a Shop Drawing or Sample (punuamt to parauraphs 6.26 and 6,27). or 3.6.3. ENGINEER"s written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents 3.7, CONTRACTOR. and any Subcontractor or Supplier or other person or organization performing or furnishing Way of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or owmershi4n rights in any of the Drawings, Specifications or other documents (or copies of am, thereof) prepared by or hearing the seal of ENGINEHR or FNCYKEER's Consultant, and (it.) shall not reuse any of such lhacvings, Specification%, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by bNUINFHK ARTICLE 4--AVAILABILITY OF LXNT)S; SUBSURFACE ANO PHYSICAL CONDITIONS; RF,FF F.NeEPOINfs Arailability of Lands: 4.1. OW NT Tt stall furnish as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR, TTpxsrensotta4>aawritterrrequash OVOiRR shall r.....t rrrn.rrntG!FOR mitt stateraznt-ofreford-kgaE-titlBamf-kgal-c�T�rlese�ipfaOnceif_ h lands -upon -which -they --Work- is- w- be. -performed -and OV413F.R's-irderzst therein-ax.rxeessary_{or,.giving.rnrtiee ef-or--ftliltg_a._traeblwnie's--lied. against.. imch--lands-in agoafdanse veiilL Laws and s OWNER shall identify any encumbrances or restrictions not of general applicahon but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work, Easements for permanent structures or permanent changes in existing facilities wi ll. be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's fumishinp these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles I I and 12. COiTfR,W fOR shall provide for all additional lands and access thereto that may be required for Temporary construction facilities or siorage of materials and equipment. 4.Z. Subsurface and Physical(.bnrtitions: 4 2.1. Reports and DrawWngs: Reference is made to the Supplementary Conditions for identification of. 4.2.1.1. Subsurface Conditions: Those rrelwrts of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Dcxuments: and 4.2.1.2. Plnsical Cmtttiiians. Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to die site (except Uncl rrgground J:acilitics) that have been Utilized by ENGINTM rr preparing the Contract Documents. 4.2 Limited Reliance by COMR4C701? Authorized, Technical Data: CONTRACTOR may rely upon the general accuracy of the "teclunictl data" contained in such reports and drawings, but such reports and drawings arc not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER FNUINFFR or any of E; SGINEEWs Consultants with respect to 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of rite means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.22.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 433.3, any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, intarlxetations, opinions or information 42.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.23.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a mature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or F"C UE'NERAL CONDITIONS I910S (1990 EMiun:n w/ 0 rY OF FORT C'OLLINS MOUIFICA'rtON.S tRER V20001 indicated in the Contract Documents. or 4.'_3.4. is of an unusual nature, and differs naterially frcnn conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents: then CONTRACTOR shall, promptly immediately alter becoming aware thereof and before further disturbing condititms affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph623), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.21A. ENCINEE7R's Reilenv: ENGINEER will promptly review the pertinent condition, determine the necessity of ONVNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a cony to CONTRACTOR) R) of hNOIiNEER's findings and conclusions 2.5. Possible Contract Donanenis Change: 11' ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3. a Work Change Directive or a Change Order will be Issued as provided in Anicle lti to reflect and document the consequences of such change. 426. Possible Pnce and Times .4,*rviltnents: An equitable adjusument in the Contract price or ill the Contract Timex or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of roar a condition precedent to entitlement to any such adjustment; 4.2.6.1 with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract price and Contract Times by the submission of a bid or becoming botatd under a negotiated contract. or 426.4 1 the existence of such condition could reasonably have been discovered or revealed as a result of nnv examination investigation, exploration, test or study of the site and contiguous arcus required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior it) CONTRACTOR:s making such final commimnem or 416.4_3. CONT-RACrOR failed to rive the written notice within the time and as required by paragraph 4 2 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjusunent in the Contract price or Contract Times, a claim may he made therefor as provided in Articles 11 and 12, However, OWNER, ENGTNIiEiR and HNGINFER's Consultants shall not be liable to CON'I RAC'I OR for any claims, costs, losses or damages sttstamed by CO\ rRAC1"OR on or in connection with ally other project or anticipated project. 4.3. Physical Conditions—1,'nrlerground Facifities: 431, Shoan orh0cote& The information and data shown or indicated in the Contract Documents with respect to ex sting Underground Facilities at or contiguous to the site is based on information and data furnished it) OWNER or ENGINEER by the owners of such Underground Facilities or by others, Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1- OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data, and 431 1 The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have Ball responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Doc:uniems.(iii) coordination of the Work with the owners of such Undergrourid Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3?. Not Nioun or Incbcnted: if an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall. promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph6,23), identify the owner of such underground Facility and EJCUCOENO AL CONDMON5 1910-311990 Edtialn w/ 01Y OF FORT ('Y)Lt.I NS hIGDIFI C'ATION9 aRriV V2000) give written notice to that owner and to OWNER and rNG12vEER. I1IGl MER will promptly review the Underground Facility and d&emtine the extent- if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Charge Directive or a Change Order will be issued as provided in Article 10 to reflect am[ document such consequences. During such time, CONTRACTOR shall he responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they arc attributable to the existence of any Underground facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to he aware of or to have amticipatcd. if Ol NTI .R anti CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Tines, CONI• RACTOR may make a claim therefor as provided in Articles I 1 and 12. However, OWNER, ENGINEER and ENGI.NFF,R's Consultants shall not be liable to CONTRAC" rOR for any claims, costs, losses or dannages interact or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points. 4.4_ OWNER shall provide engineering surveys to establish reference points for construction which in ENGLNEER's judgment are necessary, to enable CONTRACTOR TOR. to proceed with the Work CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prier written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary chnrrges in grades or locations, and shall he responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel 4.5. Asbestos, I'G Bs, Petroleum, Hazardous il''aste or Radioactive hlaterfal: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, ]hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial darner to persons or property exposed thereto in connection with the Work at the site. OWIv'ER shall not be responsible for any such materials . brought to the site by CONTRACTOR- Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 4:5.2-{OftiT'I2?\G f631islmll-immaiidta}y: {i) stop all {3rli-dtk��flrleQtfHii-wttii-5tIC�}iid?BFk1t3F1Sf)EanlhtlliF}-dMl IF, ma)--H�afii+Goad-1liNfrl3F-{e\erpt-in-On-efdOFr- v ifs-seryuinxl-Iiy'--pdfdgntph<}--And-{i}rt>t+l+ 4�t�-'A'TPt--drtkl--. Sf`1ViiI;�"f'Fs,I�-{dM1.,..d3efrditeF-f:ortGxnt such- nonee-in writing') (riYN kR -shall- promptly consult- withENGINEER-concerning the necessity 'ror OWNER to fetain-a qualified expen to evaluate such larsfFdatls ekfnditikxa-tx-txke-cxxrt�eiave-metion; -if-any: CONTRA( TOR shrill rwi berequiredto resume Work irrsenneMtcxr-with-rush-httrttfclkxis�t!nclition-kgr-in dnv soult-d9'rkrted Hfed-ttntkl-esrtCFC-tW?:I}l�-Itdx�bFuiFted any -required permits related thereto and delivered to G9P3TR:�4�T<)K spewikrl-wriuem-nether-(+}-s�wilring that-suelt aandiFiaftend-art} effected araa-is er-hes 1wen rendered safe kF the festimption T f T)-\L erif of We aRFSpCGid}Gt#tEiitiEMLYitnder-Whi h-Stich ed- safely 11P i»O"r•`• c:. ,-.z i:•OR--ettfuiel- dgrt>N-ds -te entttlentenl-try tar the -am --- in OsfBrast-•F+fiue of Cofttrtwt-3intes-ds-s•-fesuk-of•-sudh k steppege ec suetsspec-iel-sk�litians{tnElrr which Wedis is ngF d lw•-{Ek l'RAl3F(31i try-bu•rawwr+ l; eidteFpatty-mo} -makes claim-therNc r-as-Trwidedin rlrtielt�i-pard-t^c 4� Y1 �-ariT-rzeeipt af-suet-spaeidl- wt�tterr arotioa CONTRA(74DR does rtotagree to resin -such -work based-enq&fesso '--bef; is urtmfe; rt�r lees not -perk ttnkler-stfeit spzc al aonditiotrYthan 9WI31?Ii-nmay orffer--stfeh-Ixfrtton-of haaflrdeus eendifkmn er irr such akeeted-srra-tc� #fz deletefl ffanm ngr *s•t9.8tl 4e{nent-to or41re-amount-kK-eRtent-ofan Geim ass ::::,,it eauk et=dektirtg-sash efeaiert f-the �VaFlt ttie:t either pert' racy mfake a oleian tlmerelix-as provided in Affielea 11 In•-9WWF.PCmsv-have-sauh-deleted pottiorr-ef tits --Won -per fornmed.-by,.OW] Is'Ws-own Ii rses er-otlmersirftmk aor with -Article 7 4.54.. To the-fitHest extent-pzrnmitted by-1 amwf and I%eguLrtior� -O VhFpR sIw1I-»ifmdemfaty- imd-+model Itd�nlaas--G4An'TI�AC3:OR; _�_._ _.�uiacc»mtrtmetors: rnrn_REER r.•arnn n-r.'or_ _..ohHols aM th el we-dreatxs-_eanployeas -..... agents. ----eothef somultanis-end--stilmk�mnttastfms-of -aaah-ttnd-smy-of them•-foam--sod-tlgeireF-ail elaimsr etat� -losses-and own•neghgensti 44i--or-p+rraplts-4::--and-3:3-era . �s6�tt� l'L=13�-prere.leuam-. piktaa�daurs-Waste-or-R Bred k7F;aveRledat-Ehe-SiFt EJCDC GENERAL CONDI'110i35 191 UJ f I'Nla Editimi W1 CITY OF FORT COLLINS MODI ICA1ION.S (REV V2000) ARTICLE S--DONDS.'ND INSUR A 7CE Performance. Payment and Other Bonrls: 5.1. CONTMACTOR 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 CON l RACI OR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise. by Laws or Regulations or by the Contract Documents. (. om RACTOR shall also famish such other Bonds as are required by the Supplementary Conditions All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Lamas or Regulations and shall be executed by such sureties as are named in die current list of "(-ompan.es Holding Certificates of Authority as Acceptable Sureties on. Federal Bonds and as Acceptable Reinsuring Companies as published in Circular 57t) (amended) by the Audit Staff, Bureau of Governmem Financial ' Operations, U.S. Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. It' the surety on any Bond furnished by CONTRA(: FOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the ltojcct is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, loth orwhidi must be acceptable to OWNER. &3. licensed Sureties and Insurers; Certificates of Insurance: 53.1. All Bands and insurance required by the Contract Documents to be purchased and maintained by O"113GR or CONTRACTOR shall be obtained tiom surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or irfsurattee policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements tad qualifications as may be provided in the Supplementary Conditions. 53.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditioxts, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4, OWNER - shall dot sepias to each additiefrtal--irfstfred-•idetmEift�•�irr-the•-sv'ap ementsry E onckitidfvs--ueHtfieat<rf-of-iAstxeFuea-- evidafaca eE' or Aft- h�eso-etmdtna parasntphs _tfi-Inmd�'7'•-htvenf COATR-ICTOR's Liabiho, Insurance: 5.4 CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work heing performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRNCTOR's perfomtance and ftunishing of the Work and CONTRAC'TOR's other obligations under the Contract Documents, whether it is to he performed or furnished by CONTRACTOR, any Subcontraclur or Supplier, or by amone directly or indirectly employed by any of them to perform or furnish tray eC the Work. or by anyone for whose acts any of them may he liable 5.4.1. claims under wurkers compensation. disability benefits and other similar employee benefit acts; 5..4.'_. claims for damat�cs Ixcause of bodily injury•, occupational sick-rim'ordiseasc, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of am' person ciber than CONTRACTOR's employees; 5:4A-claims-foe-damages-insured--by customary 1 etwertege-whieh-eve sir imd- f ? by any peson es a salt of an-e3f..---ectly-.nr inclineby other-raasot>; i.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefran; and 4;-4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5A to be purchased and maintained sha1L 5,43, with respect to insurance required by paragaphs 5.4.3 through 5.4.6 inclusive and 5 4_9 include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ETIGINEER's C.=uluants arid any other persons or entities identified in the Supplementary Conditions, all of whom shall be Listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.5. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever isgreater, 5.4.9. include completed opemtio ns insurance; EcoccENux.AL Cot>snMONS lyto-s usso Edltian wr CM Or FORT WLIANS MODWICATIONS WEV 4,'oW n 5 4 10 include contractual liability insurance covering CONTR.ACIOR indemnih obligations under ptrragaphs 6.12, 6.16 and 6.31 thicwgh 633; 5.4.11 contain a provision or endorsement that the coverage afforded will not be cancelled materially changed or renewal refused until at least thirty flays' prior written notice has been given to OWNER and CON -.I RAC OR and to each other additional laSufed identified in the Supplementar} Condition; to whom a certificate of insurance has been issued (and the certificates of insurance furnished hr the CONTRACTOR pursuant to paragraph 5.3 2 will so provide): 5.4.12. remain in effect at least until final pnyntenl and at all times thereafter when CONTRACTOR may be correcting, removing or replacing ekfecrive Work in accordance with ]xeragraph 13.12; and 5.4-13. with respect to completed operations insurance, arid any insurance coverage written on a claims -made basis, remain in effect for at least two years after final pa}mncm (.and CONTRACTOR shall furnish OWNTR and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfacton' to OWN7ER and any such additiotunl insured of continuation cif such 'insurance at final payment and one year thereafter) 097%ER's Liabitit p In varance: 5.5. In addition to insurance required to be provided by CONTRACTOR wider paagraph5.4. OWNER, at OWNER's option, may purchase and maintain at OIL:NM's expense 044;v1ER's own liability insurance as will protect OWNER against claims which may ar se [roan operations under the Contract Documents. Property Insurace. 5:6,-...,.-Linlesn•-oi:herwisaprovided in the Supplementary Conditions; -OWNER -..shall - .purchase .-rind-tnxai ntain p tsf art ranee upon the A'-rrk a! the ske in the amewii of-the--foo replacement Cost --thereof- (subject - to -such ciechtctdbie trio ants -ens may- t e--}nroyided- .in -...the Supplementary--Conditions-.or -.required--by. laws --,and Regulatiens}-'Phis imurance-shall= 5Fri-._.incluJe---- the, --- irxerests - uf---OW'NER: E�td�ui4eAts atnJ any' other-persurvs er entities-iJanti€tect...ire-the- Snrpp4emantary-,Ccatditiortss; eaehof-whom-is-teemed-tohave-andnsurableinterest aaxlshrtll-ha-listed enstaninsuradtx eddititmalirnsurod=. S:62--.be.m-titten-on--a-Builders--Risk-"all risk" -or +n-per�l-or-s•}aeairtl--exuas t>f-kaan-Iaulit�•forra-that shall sat-deesk•-include-3rtsurenea-fir pknyswal-less er dartnaga-t"-'A arlt toanpara�y l tidings--falservork aid'4 wUd: rr 4ransiF artd sit rtl insure agairnst at I NO the- fallowitg-- parils --1 firer---lightnitw;--e�Yendrd covtrage, thell, vandalon and malicious mix;hief. e,9f4h(lt*fke--- (-,(A is-f emkwifl-,- kierftol4 it m and4Zeguktukvis, Water -W-,-MffV IV 5.6.3.. include expenses incurred in the repair or repJacement 4 ally irmted Proj)eTty (includilv but Ifot and----diargt*L4 emaimem- find flrchiteats)t -cveFMUIefws" equipm en"ittKed- Ht-the.,41e ix at -another -location that was agreed to in writing by OV44HR Pfi0F W-�MUIIFarated-a -the-AVod, prflti dad that and, equ"nem havea been S%6-5 QW14ER..- 'R end-taeshil�ry-•itksttrenoe-(}rttdditionHl--Itt'opeay-+}ts{f ranee as -may -be -required -'by th"upplementafy Coriditions or bo" GongUlle"t and entities and shall be,I steel as .1.8. 21}! theh ea offiff _OAdeme 2hilo�fZ�I I I,:Z, , �1: be Pumbfiaej--find mavtmned-by�-QAMR-in-wwits ImSraphs SA afadtlta coverage- 4r4;f 4 d KAIvea� -or-materially lhu"ysLprior OWNER 80, 41'I A iditicxaal ins to and,will --with p"momph 59, OWNER shall not be responsible for purchasing and Maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in s-he Vhwk to t IL emaiat ef afty dedvalihim HmaimAg thlit -if t identified- in-ale-SUPPI -of ioss,�ah idlargifie .4 =dedil )lible mawo; will be bam T V_I.QR_ S4AbVQHtF9IA.* Of 011h0r. SUffVFiPg eve, --- to EJCDCI3ENERALCM'DITIOM 1910-SU"0Ldtim) 10 W/ CITY OF FORT rX_)LUNS NIODIFICA 110N.S, IRYV+2(higl commencenfent of the %Vojlc at the site OWNLRshall in 5.11 L - - 444iVeF f0fRighAYz- 5:11. 1. - OW NIER find CONTRACTOR intend that -all policies purchawd in acccwdance witli-parogjaphs-Sk and-57--will -p ot eL t SuLvonvactvrs. -R4GlNSRRs insureds or additional insureds in -.%wh polimes--imd PF."BA "Vyqfaw lim fill less" Had damages- mised-by-the-pffils- awered-4hmby.--AW in, ff evmwm,�t apirm any of Qh_ ive--9'ims; d -and-fieept"tF All lasses -{cod A.;a 9 ;md nw, hff-lfrellenY if All such Consulumiis find Fill t)ther-perimrof-erdkieskkrdified jr,4jje__Stq* p, -Cen(litiens Fe he des ij4.qmvds-oF-ad lasses-and-damage&-oceased- Plan -of4he-above weivm 4fall vaend MR ml!,-qu wep-may-have a- dw -ffft 'a t' P hold by (A;4, of ethemiRe payable underany-polivv-soissmtd� S-1-_divhft- 44-24—less, 1_ -I sepEiark Mia"oss--44xte"ng beyond - the WeA ew4wd br, orfo:zr. rv':S� U. lteinr & fivra -live- a- odvr- rril, whoth"-or.r*A4n5WedbY-9 4*T1 , and AW-4wamne*- ............. HuRiFied WW lev, damage Imentiel lem FefifffNI to i1a thi-a txnsequen{ial leas-{ie Insurers will have Aa rijx_qf nccovery-against any, of CONTRACTOR, Sub ontractors. be"JF`,l�3fif�-l�NEii+'vh"iiR-s-t='ertsultartts etnd-the•-r�tlierrs: diMters gimp s-attd ugents-E Eany�Ftlxnt. Receipt and Application oflinuranceProeeer6: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be idwstcd with 01VIN ER and made revable to OAV\MR as fiduciary for the insureds, as their interests muy appear, subject to the requirements of anv applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account am: money so received, and shall distribute it in accordance with such agreement as the parties in interest may, reach If no other special agreement is reached the damaged Work shall he repaired or replaced, die moneys so received applied on account thereof and the Work ant the cost thereof covered by an appropriate Change Order or Written r4nendment. 5.13. ONVNER as fiduciat) shall have power to adjust and settle any loss with the insurers unless one of the rrties in interest shall object in writing within fifteen days ater the occurrence of loss to OWNER's exercise of this power. Irsuch objection he 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 arat-iF-r ar-writirrb> hy-arw-.paFt} in intetesti {>3VNlslt-as tlast�t hall-g+ve--bolid-far--the PrePef'perfarntanca etue}t duties. Acceptance of Bondy aped lnvurance; Option to Replace: 5.14. If eNl ONtNER has any obiection to the coverage al'Fixded by or other provisions of the Bonds -or insurance required to be purchased and maintained by the titlteF—pat CONTRACTOR in accordance with Article 5 on the basis of ticxacan(ormance with the Contract Documents, the in writing}with the certificates 1T Partial U61ization-Aropeny insurance, 5.15. If OWNER fords it necessary to occupy or use a portion or portions of the Work prior to Substantial VCUC OMMAL C ONDM ONS 19104 (1990 E(Etim) ae! CITY OF FORT CY?L[.I VS htOUIFICA'TIOtiS {REY rP_alH7} Completion of all the \fork, such use or cxrupancv ntm be accomplished in accordance with paragraph 14 lit, provided that no such use or occupancy shrill conmrencc (afore the insurers providing the property intunnce Fatve acknoMedged notice thereof and in writing effecttd any changes in coverage necessitnted thereby 'I'll- insurers providing_ the property insurance shall consent be endorsement on the polish' or policies, Kit the Propel insurance shall not be cancelled or permitted to lapse on account of any such partial use or czcupxmtcy. ARTICLE 6--CONTRACTOR'S RESPONSI13111 "IFS Supen>ision and Superintendence: 61 COMI'RACTOR shall supervise. inspect and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and expertise as may be ncccsssn' to perform the Work in accordance with the Contract Documents CONTRACTOR shall be solely responsible for the means. methods, techniques, sequences and procedures of construction but CONTRACTOR shall not he responsible For the negligence of others in the design or specification of it specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accutately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINNEJUZ except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR, Labor, Alateria& and Equipment: 6.3_ CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay cut and construct the Work as required by the Contract Documents. CONTRACTOR shall st all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract lku:uments, all Work at the site shall be performed during regular wcvl,nV hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINMR. CONTRACTOR shall submit reuuests to the 1EN INEER no less than 48 hunts in advance of any 14'crk to he performed can Saturday_ Sunday, 'Holidays or outside the Regular Working Hours. 6A Unless otherwise specified in the General contains or is followed by words reading that no like, Requirements, C'ONTRAC K)R shall fumish and assume equivalent or "or -equal" item or no substitution is full respomibihty for all materials. equipment, labor, permitted, other items of material or equipment or transportation, construction equipment anti machinery, material or equipment of other Suppliers may be '— tools. appliances. fuel power, light, beat, telephone, water, accepted by ENGINEER under the following sanitary facilities, temporan, tacilities and all other circumstances facilities and incidentals necessary for the fumi ping, performance. testing, start -tip and completion of the Work 0.7.1.1, 'Ur-Flual ": If in ENGINId R:s sole discretion an item of material or equipment j5..A._L Purchasing Restnctium: CON'1R-AC TOR propused by (CONTRACTOR is functionally muu comTth wnh tfie Clty s purehaung restriction_ A equal to that named and sufficiently similar so that _ c .p) oC the resolutions are kivailable fur review in die no change in related 11'ork will be require'e. it may officees_. of the Purchasin¢.. and Risk_%latrirmement he considered by F NGNERR as an "or -equal' Division of the City-taerk's_oilice, _ item, in which cax review and approval of the proposed item may, in ENGINT FR's sole fi,Q_2.Cement Restrictions, City_nf..Fort Collins discretion be accomplished without compliance Resolution 91-121 reuures that suDPhers and Producers with some or all of the regturements for ot_cement or Droducts canGaining cement w certi IV that acceptance of proposed substitute items, the Lvmrnt w�as_rnol-made in. cement kilns thin bum 6.7.1,2. Substinite Items. If in IIJGINEERs sole hami-dous waste a% a fuel discretion an item of material or equipment proposed by CONTRACTOR does not qualify as fiat. All materials and equipment shall be of good an "or -equal" item under subparagmph 6.7.1 1, it quality and new, except as otherwise provided in the will be considered a pnfirie d substitute itean. — Contract Documents. All warranties and guarantees CONTRACTOR shall submit sufficient specifically called for by the Specifications shall expressly information :as provided below to allow run to the benefit of OW NT:R. if required by I-NGTNEI R, F.NGNFFR to determine that the item of material CONTRACTOR shall furnish satisfactory evidence or equipment proposed is essentially equivalent to (including reports of required tests) as to the kind and that named and an acceptable substitute therefor. quality of materials and equipment All materials and The procedure for review by the ENGINEER will equipment shall be applied, installed. connected, erected, include the following as supplemented in the used, cleaned and conditioned in nccordance with General Requirements and as )�ii GMUR may instructions of the applicable Supplier. except as otherwise decide is appropriate under the circumstances. provided in the Contract Documents. Requests for review of proposed substitute items of material or equipment will not be accepted by Progress Schedule: FNGiNFFR from anyone other than CONTRACTOR If CONTRACTOR wishes to 6.6. CONTRACTOR shall adhere to the progress furnish or use a saibsutute item of material or schedule established in accordance with paragraph 2.9 as it equipment. CONTRACTOR shall fast make may be adjusted from time to time as provided below: written application to ENGRNTER for acceptance thereof, certifying that the proposed substitute will 6.6.1. CONTRACTOR shall submit to ENGINEER perform adequately the functions and achieve the for acceptance (to the extent indicated in results called for by the general design, be similar paragraph 2.9) proposed adjustments in the progress in substance to that specified and be suited to the schedule that will not change the Contract Times (or same use as that specified The application will Milesiones). Such adjustments will conform generally state the e,tent, if any, to which die evaluation to the progress schedule then in effect and additionally and acceptance of the proposed substitute will will comply with arty provisions of the General prejudice CONTRACTORs achievement of — Requrenentsapplicablethereto. Substantial Completion on time, whether or not acceptance o£ the substitute for use in the Work 6,6.2. Fr d adjustments in the progress schedule that will � the Contract Times (or Milestones) will require a change in aray of the Contract Documents (or in the provisions of any other shall be submitted in accordance with the requirements direct contract with OWNER for work on the of paragraph 12.1. Such adjustments may only be Project) to adapt the design to the proposed made by a Change Order or Written Amendment in substitute and whether or not incorporation or use accordance with Article 12. of the substitute in connection with the Work is subject to payment of any license fee or royalty. 6,7. Substitutes and "Or-Equal"items: A1.1 variations of the propowd substitute from that specified will be identified in the application and 6.7.1. Whenever an item of material or equipment is available maintenance, repair and replacement specified or described in the Contract Documents by service will be indicated The application will using the time of a prcmrielary Item or the name of a Supplier, description is also contain an itemized estimate of all costs orparticular. that directly or indirectly from ` the specification or credits will result intended to establish the type, function and quality acceptance of such substitute, including costs of required. Unless the specification or description redesign and claims of other contractors affected EJCDCOL.N'ERALCONDIT1011B I9IM(1990Ediuem l2 wl (,IIY OF FORT (-'OLLINS NIC)UIFICATIONS (R EN A 2000) -. r by the resulting change. all of which will be CONTRACTOR shall_leiform_ not less than 20 considered by CtNGINEER in evaluating the percent of the W'urk with its own forces (that is, proposed substitute. ENGINEER may require without subcontracting). The 29 percent reuuirement CONTRACTOR to furnish additional data about shall be understood to refer to the Work the value of The prcpos; substitute, which totals_n x, less_th3m_._ff percent of_the _Ccmtra t Price 6.7.1.3. CONM4CTOR's Expense: All data to be _ provided by CONTIt4CTOR in support of any 6.8.2. If -the -Supplementary Conditions 13iddine proposed "or -equal" or substitute item will be at Documents require the identity of certain CONFRAC'I'OR's expense. Subcontractors, Suppliers er other persons or organizations (including those who are to furnish the o.7.'_. Substitute Colutrmriior ;Verl)(A& - or principal items of materials or equipment) to be Procedures: If a .pacific means, method technique, suhmitted to 0%VNHR in- advance -ot-the -specified sequence or procedure of construction is shown or date prior to the Effective Date of the Agreement fur indicated in and expressly required by the Contract acceptance I-41 OWNER and ENGINEER,-ar44f Documents CONTRACTOR may furnish or unfizz a F't=^'.-r"',',` VOR- ,as ! Rrt �a-�- � thrrtHi-in substitute means, medrucl, technique, sequence or ae�4mwt- -with-the Supp4rmentary-F'ane6tierr , procedure of construction acceptable to ENGINEER (WNEWs or ENGINEI R:s acceptance (either in CONTRACTOR shall submit sufficient mforination to writing or by lading to make written objection thereto allow ENGINEER, in ENGLNEER's sole discretion, to I-w the date indicated for aceergance or objection in determine that the substitute proposed is equivalent to the bickling documents or the Contract Documents) of that expressly called for by the Contract Documents. any--suckh5ubsonVaster.-Sul�p3}i» ^- ,.� }erson are The procedure for review by ENGINEER will he xgnrt�atrxrs� idenritizd-..amHw--revoked-an the similar to that provided in subparagraph 6.7. 12 hnsis-of-reasonable objretK�rre#iardtra rive t gatiort; Fri w4nwlr FBSB {= 4iV t }tF4( =Fl 14—. } a}}—Alhml" 6.7.3. F,.ngineer".s Evaluation: ENGTNF.I-.R will he acceptable _.strbstieae;--d e-fcxmrmE-13iee will -}x allowed a reasonable time within which to evaluate adjasied-b)x the-ditffenee-in ilia-anst-eac siFxter} M each proposal or submittal made pursuant to sanch- substitutionrand an el pxapxiata f7mnee Order paragraphs 6.7.1.2 and 6.7.2_ ENGINEER will be the vviN be-issuee4-car-l}ritten-AmmdmaM sigrfzcF yvjll sole Fudge of acceptability. No "ar-equal" a constitute, a condition or the. Contract rcqriJrtq the substitute will he ordered, installed or utilized without uW of ilie named subcontractor., sun pliers or other ENGINEER's prior written acceptance which will be on t c Ltrark unless tvrior evidenced by either a Change Order or an approved written appuoval is oUttined from OWNER and Shop Drawing. OWNER may require INGINE FR. No acceptance by OWNER or CONTRACTOR to furnish at CONTRAC'OR's FTIGIiV .PR of any such Subcontractor, Supplier or expense a special performance guarantee or other, other person or organization shall constitute a waiver surety with respect to any "or equal" or substitute. of any right of OWNER or ENGINEER to reject ENGINEER will record time required by i*licnve Work. ENGTnNiER and ENGINF,ER's Consultants in evaluating substitutes proposed or submitted by 6_9. CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract 6.9.1. CONTRACTOR shall be fuflv responsible to Documents (or in the provisions of anv other direct OWNER and ENGINEER for all ads and omissions contract with OWNER for work on the Project) of the Subcontractor-, Suppliers and other persons occasioned thereby. Whether or not ENGINEER and orgartirnions performing or furnishing any of the accepts a substitute.itertt so proposed or submitted by Work rimier a direct or indirect contract with CONTRACTOR CONTRACTOR shall reimbu.,e CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENGLKEER and responsible for CONTRACTOR's own acts and ENG1NFER's Consultants for evaluating each such omissions. Nothing in the Contract Documents shall proposed substitute item. create for the benefit of any such Subcontractor, Supplier or other person or organization any 6.8. Concerning Subcontructors, , Suppliers and contractual relationship between OWNER or Dik-ers: ENGINEER and any such Subcontractor, Supplier or other person or organization nor shall it create any 6-8.1. CONTRACTOR shall mat employ any obligation on the part of OWNER or ENGINEER to Subcontractor, Supplier or other person or organization pay or to see to the payment of any moneys due any (including those acceptable to OWNER and such Subcontractor, Supplier or other person or ENGINEER us indicated in paragraph 6.8.2), whether organization except as may otherwise be required by initially at as a substitute, against wham OWNER or Laws and Regulations. OWNER or EhLQay ENGINEER may have reasonable objection. furnish to any subcontractor. sttplier w other txrson CONTRACTOR shall not be required to employ any or oreanization evidence of amounts maid to Subcontractor, Supplier or other person or organization CONTRA CTOR _ in acccmiancc with to furnish or perform any of the Work against whom CON TRACTOR'S "Applications for payment". CONTR,-V`TOR has reasonable abjection. EXI)CUENIMAL CortantONS tvlos (tyre) Edition 13 .vi Cl"tY OF FORT CROLLI N3 MOUI17 CATIONS IkLV 1 2000) SECTION 00100 INSTRUCTIONS TO BIDDERS 6.92. CONTRACTOR shall be solely rerixaesible lix scheduling and coordinating the Work of Subcontractors. Suppliers and other persoru and organimtions performing or furnishing any of the Work under a direct or indirect contract with C ONfRACrOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons. and organisations performing or furnishirn, •uhv of the Work to communicate with the ENGRNESR through (."ON'1 RACTOR. 6.1 U. The divisions and sections of the Specifications and the identifications of any Drawings stall not control CONTRACTOR in lividing the Work among Subcontractors or Suppliers or delineating the Work to I; - performed by any specific trade. 6.11. All Work performed for CON .rRAC'TOR by a Subcontractor or Supplier will be pursuant to an ap. late agreement between CONTRACTOR and the Su hntractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditiomq of the Contract Documents for the benefit of OWNER and ENGINEER. `lten�wer artysttclre aement ia--wiW-a-�SubeEnttrnctor-op-Supplier-wk>F is-ksted-ns--en adtliticxtel-aysured the rty-irrsaranee-prevRIM- in pasagrnphs& 6 ---ax--37, -the—agreement--between--+he CO( ';'tR3%GTOR-atnd-the--SubeortbWtw_<* -Supplier-will earxaittyarovi9icm4-whereby-the-SubeotaU sates`-er- Suppliee waives- rill -,e -ts :ni—i3WI11sR; -( C)l E'1 {tA4 C F)1z {'st 3L;{?�lfishk,--SrN(:IA[CaisR-'S--�:navisttk..ants--and--sfl--cider elect tier�l iry urecfs eauwd-bye arsing otx-afar rest#ing from flnyeavered-by i die Work:--I&-the-insurers-ai-.oriy,stags-policies require Slaff4ier,(XiN A(44)R4ci11241 thesnne• Patent Fees and Re ywlries: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or die 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, prochnctor device is specified in the Contact Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such 'rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations. CONTRACTOR shall indemnifv aW hold harmless owti 32, ENGINEER E IGINEERs consultants and the officers, directors; employees, agents and other consultants of each and anv of them from and against all claims, costs, losses and damages arising out of or resulting from any infringemcnt of patent rights or copyrights incident to the use in the perCurmana oC the Work or resulting from the incorporation in the Work of any invention. design, process, product or device not specified in the Contract DOcumeras. EICDCGENERALCONU{TIONS M0S (199UEditiae) 14 nr U7Y OF FORT ODLL1N5 hK IanlCie'f10NtitRHp 42M n1 Peratirs: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR. shall obtain and pray for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary tier the prosecution of the Work. which are applicable at die time of opening of Bich. or. if there are no Bids. on the Iiffective Date of the Agreement CONTRACTOR shall pay all charges of utilihOwners for connections to the Work„ and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees 6.14. Laws andReguladvits. 6.14.1. coim'RAC'I'OR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable laws acid Regulations, neither OWNER nor h'iVGIN,'ER shall be responsible for monitoring CONTRACTOR, compliance with any Laws or Regulatirnis. 6.142. If CONTRACTOR performs any Work knowing or leaving reason to know that it is contrary to laws or Regulations, CONTRACTOR shall bear all claims, cosu, losses and damages caused by, arising out of or resulting therefrom-, however, it shall not be CONTRACTOR's primary resportsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR'S obligations under paragraph 3:3.2. Taxes: 6.15. CONTRACTOR shall pay aU sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.�S.i. O[VN7 R is exgmpt from Colorado State atxl latxll sales_�nd use 2axes_.on maetlrfittls to be Upyiernia�eritjy i urpcxated into the pLoject. Said taxes r of be uxlud ih the Contract Price, Address: Colorado Department of Revenue State Capital annex 137� Sherman Street Dent cr_,C olonulo, 80261 )ales find Use Taxes For the Stale of Colorado, ReLional rralt_spcxWtion District (RTl?) and certain Colorado counties are collected by the State_. of Colorado and_ are__inle iod_,in 'the —Certification, of _F_.�zmptian, Allapvliwble Sales and Use Taxes (including State collected taxes). on any items other than construction and building materials physically mcoraorated into die pro t qre to he, aid by CONTRACTOR and are to be included in arogiate bill items, Use of Premises.• 6-16. CONTRACTOR shall confine construction equipment. the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by taws and Regulatioits, Tights -of -way, permits and ttasemcift and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting Gum the performance of the York. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve that claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest (nrtent permitted by Laws and Regulation, indemnify and hold harmless OlVNU, ENGINEER EJQINEER's Consultant and anyone directly or indirectly employed 135, any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by arty suefn owner or occupant against OWNER ENGMER or any other party indemnified hereunder to the extent caused by or bused upon CONTRACTOWs performance of the Work. 6.17. During the progress of the Work CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from die Work At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as weU as all tools, applianetm construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Retord Dnenment : ax-nCOaNM LCONflruhNs tyro-s rtMEdiumi AV rnY or rota evt,t,tNs.tit0nricxrI0NS trey aaa(9» 6 19 CONTRACTOR shill maintain in a sale place at the site one record copy of all r)rneings Specifications, Addenda. Written Amendments. Change Orders. Work Change Directives, Field onkrs and wTiiten interpretations and clarifications (issued pursuant to larngraph 9 a) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will tx: available to ENG —.ER for reference. Upon completion of the Work, and prior to release of_final paymznt, thcse record documents, Samples and Shop Drraings will be delivered it) PNGIN F'ER for OWN FR. Mfery and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the 11`ork. CON RACTOR shall take all necessary precautions for the safety of. and shall provide the necessary protection to prevent damage, injury or loss to- 6 -10- 1. all persons on the Work site or who may be affected by the Work: 6 24.^_. all the Work and materials and equipment to he incuapxxnted therein, whether in storage on or off' Ole site, and 6211-3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction CONTRACTOR shall comply with all applicable laws and Regulations of any public body having jurisdiction for safety OF persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for sucdn safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation anti replacement of their property. All damage, injury or loss to any property referred to in paragraphs 620.2 or 6 20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, arw Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the net,; or omissions of OWNER or ENGINEER or INGNL•Eks Consultant or anyone employed by any of them or anyone for whose acts tiny of them may be liable, and not attributable, directly or inddirecdy, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and re,spam%ibilitim for the safety and protection of the Work shalh continue until such time as all the Work is completed and FNGrNERR has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14 13 thllt the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. .Safeo, Reprexenra&e.• CONTMCTOR shall dmejune a qualified and c.xperienced safcty reprmnialivc at the site whose duties and responisibihties shall be the prevention of accidents and the maintaining and supervising of safch' precautions and pnnrants. Hazard C'ontnwnication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any eechange of material safety data sheets or other haraid communication information required to be made available to or exchanged between or among cnmplo%-ers at the site in accordance with Laws or Regulations. Emergencies: 6.23, in emergencies affecting the safety or protection of persons or the Work or prnlxrn• at the site or adjacent thereto, CON'IRACMR, without special instruction ce authorization from OWNER or ENGINF,F,R, is obligated to act to prevent threatetxd damage, irtjury or loss. CONTRACTOR shall give ENGINE'HR prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Diwave or Change Coder will he issued to document the consequences of such action 6,24, Shop Drawings and Samples: 6.24.1, CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval nt accordance with tlx: accepted schedule of Shop Drawings and Sample subminals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dunensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6,24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop. Drawings and Sample submittals. Each Sample will be Identified clearly as to material, Supplier. pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER. may require to enable ENGINEER to review the submittal for the limited EXI?C GENERAL CONIATI ONS 19 t" (y9a Edition) 16 ad CITY OF Foiur COLLI NS MODIFICA (IONS 0U,.-V •1:2(MJ purposes required by poaragraph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures. 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined arid verified: 625.1.1. all field measurements, quantities, dimensions. specified performance criteria, installation requirements, materials catalog numbers and similar information with respect thereto, 6.25.1 all materials with respect to intended use, fabrication, shi.Mpp.119, handling, storage, assembly and imtallation pertaining to the performance of the Work, and 6,25.1.3. all information relative to CONfRACTOWs sole rcTonsibilities in respect of means, methods, techmques, sequences and procedures of construction and safety precautions and programs incident thereto, CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents, 6.25.2. Each submittal will hear a stamp or specific written indication that CONTRACTOR has sanstied CONTRACTOR'S obligations tinder the Contract Documents with respect to CONT 2ACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Supple submitted may have from the requirements of the Contract Documents, such notice to be in a written catamunication separate from the submittal; and in addition, shell cause a specific notation to be trade on each Shop Drawing and Sample submitted to ENGINEER for review arid approval of each suchvariatioxt 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings aril Sample submittals accepted by ENGINEER as required by paragraph2.9. ENGINEERS review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed flroject as a functioning whole as indicated by the Contract Documents. ENGDM-ERs 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 die Contract Documents) or to safety precautions or prr+frrams meident thereto. The review and approval of a separatc item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make correctiots required by EAGIVF:I'}L, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by EN(3f\7i[iR on previoussubmittals 6.27 ENGI:NEF.R's review and approval of Shop Drawings or Samples shall not relieve CON"IRA( 'FOR from responsibility For am variation from the requirements of the Contract fkocumaits unless CONTRA('I OR has in writing called ENULNEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 anti ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ETIGINEW relieve CONTRACTOR from rt�-ponsibilit}' for conpiying with the requirements of lieragmph 6_25.1. 6 23. Where a Shop Drawing or Sample is required by die Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by FNGiNF.ER as required by paragraph 2.9, any related Work performed prior to I�NGINEBR's review and approval of the Tertument submittal will be at the sole expense and responsibility of CONTRACTOR Cein inuing the Work: 6.29. CONTRACTOR shall aarry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER, No Work shall be delaved or postponed pending resolution of arty disputes or disagreements, except as permitted by Nnigraph 15 5 or as OWNER rind CONTRACTOR may otherwise agree in writing. 6.30. CO3'A'T94C'T0R's Genera! Warrantp and Guarantee.' 6,30,1. CONTRACTOR warrants and guarantees to OWNER, I NGINEER and ENGIN�ER's Consultants that all Work will be in accordance with the Contract Documents and wiU not be defective CONTRACTOR's warranty and guarantee hereunder excludes defects or damuge caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by perms other than CONTRACTOR, Subcontractors or Suppliers; or 630.1.2. normal wear and tear under normal usage. 6.31.2. CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. hone of the following will constitute an acceptance of Work that is not in EJCDC (3ENERAL CONU111ONS 1910-5 (1990 E(faiut) U1 CITY Of FORT COLLINS XKAXI❑ CATIONS a(tiv V20a0) accordance with the Contract Documents or a release of CONTRA( fOR's obligation to perform the Work in accordance mvith the Contract Ihicumamts: 6.39'.1. obxratiore by ENGUVEER; 6.30??. recommendation of any progress or finial privnment by UNGIN17SR; 6.30.2.3, the issuance of a certificate of Substantial Completion or any payment by to CONTRACTOR under the Contract Documents, 030 ^ 4 use or occup tiny of the Work or any fart thereof by OWN'Ek; 6.30:2.5 any :acceptance by OXV44ER or any failure to do s 6.30.2.6. any review and approval of a Shop Drawing or Sample suhmmal or the issuance of a notice of acceptability by RNOINUR pursuant to paragraph 14 13: 6.302,T any inspection, test or approval by others; or b 30.2.& any correction of d'ejeerive Work by OWNER. lndenrrlifrcation: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER ENGiNEER, ENGLN'EER's Consultants and the officers, directors, employees, agents anti tither consultants of each and any of them from and against till claims, costs, losses and damages (including, but not limited to, all lies and charges of engineers, arehitekts, attorneys and other professionals and an court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to buddy injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), ineluding the loss of use resulting therefrom, and (it) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR. any Subcontraaor, any Supplier. any person or organization directly or indirectly employed by IRA any of them to perform or burnish any of the Work or anyone fir whose acts any of them may be liable. the indemnification obligation under pawl raplt 6.31 shall not be limited in any way by any limitation on the amount or type of damages, conipcnsation or benefits payable by or for CONTRACTOR or any such Subconunctor, Supplier or other pemm or organization under workers compensation acts, disability benefit acts or other employee benefit acts 6.33. The indemnification obl'gations oC C'OITIRACTOR Under iYaraeraph 631 shall not extend to the liability of F. NGTKEER and ENOINEE s Consultants, officers, directors, employees or agents u-fused by the professional negligence, criers or omissions of any of them. lurrival ofOhligations: 634. 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 Docunmenu, will survive final payment, cwripletion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--0TIfER WORK Rekued IVm* at Site: 7.1. OWNER may perform other work related to the Projoa at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners, If the fact that such other work is to be performed was not noted in the Contract Documeras, then: (i) written notice thereof will be given to CONTRACTOR Dior to starting any such other work and (d) CONTRACTOR nmay make a elainm therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a pony to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with MWER's employees) proper and safe access to the site and a reasonable opptutumty, for the introduction and storage of materials and equipment and the execution of such other work and shall properly contact and coordinate the Work with theirs. Unless otherwise provided in the Contract Documerts, CONTRACTOR shall do all cutting fitting and patching of the Work that may be required to make its several parts come together properly am] integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, euxcmvating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affaKed. The duties and responsibilities of CONTRACTOR under this paragraph are for benefit of such utility owners and other comractors to the extent that there are comparable EJCllCGENEtt.AI. CONP[110i�tS 191"(19!VEatiou 18 wt U'1Y OF FORT' C'OLLiNS M OL11FICATIONS (REV 4,Z00(f) provisions for the benefit of CONIILACTOR in said direct ctmtmcts between O\4NI R and such utility owners and other contnrctors. 7.3. If the proper execution or results of ally part of CONTRACI'OR's Work dependi upcni work perRmned by others under this Article 7, CONTRACTOR shall inspect such other work and promptly repxrt to EidGWEER in writing any delays, defects or deficiencies in such other work that render it unavailuble or unsuitable for the proper execution and results of CONTRACI'OR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTORS Work except for latent or nonapparent defects and deticiencie; in such other work Coorr6nation: T4. If OWNER contracts with others for the performance of other work on the Project at the site, die following will be set forth in Supplementary Conditions: 7 d.1. the person, Timm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.1 the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8--OWNER'S RESPONSIiiILIT1IS SA, Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through l NGINEER- 8 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer agaalsl whom 4'OI�FRAOZ'91{•-makey-ma-rea�tmble-ebjzd>titxr; whose status tinder the Contract Documents shall be that of the former ENGINEER 5.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments. to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs4.1 and 4.4. Paragraph4.^_ refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing r structuresat or contiguous to the site that have been utilized by i \(,I'QLiFiR in preparing the Contract Fi(CUments gs__.._�Lt.°i•7£I2`,;.trrisik»1Niesinrrspet-t-of�xtrrhasirw__ and-nutintaintrtg-liabilky and ...proprrtv._ttwuranceerr-set firth inptimgraphs Sat through 1n, R G. OWN UR is obligated to execute (.7hange Orders as indicated in paragraph I0A R_7 (_.AV MR's responsibility in respect of certain insptctions. tests and approvals is set forth in paragraph 13.4 SX In connection with OWNER's right to stop Work or suspend Work, see immaraphs 13 111 and 15. L Rarugaph 15.2 deals with Ol4NERS right to terminate services of ('ON r RACTOR under certain circumstances. 99_ The OWNER shall not supervise, direct or have control or authority uver, nor be responsible for. CONTRACTOR's means= methods, technique& sequences or procedures of construction or the safety precautions and programs incident thereto, or for my failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or pertbrinance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. A-1-Fz---F�LV-AFF.h'=s-adgsilaili t-in-raspoet--�f-undiscletsed Tidiestft Kg } Radrtxaettvs�tAaFertalsitneavered-ar-revealed-at t#te-site-i4 If mid to tJtt tuttmt A113 }3 R 7 agreed to Nish F=F?:'s;1-RA(=11dR--Feasetulhle---evitlend;u-'"'that--ftrntnd;ia4 aFrangemenas,-.have been —made --to sats€r.-Ob1{rER's ETbit�'Rtt£RYi-��flntfM`t—�)E1fkHi1 eflt3,—Fi1,��%ER�Y responsibility iwfe. p4va-tboreof will be asset —forth -in, the Suppiementaty Conditions ARTICLE 9-ENCINEER'S STATUS D RINC CONS'l`RVU10N Oii'iiNE R's Representative: 9.1. ENGINEER. will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be e%aended without written consent of OWNER and E.t-NGLNEER {-!sits to Site: 9.2. ENGINEER will make visits to the site at intervals - appropriate to the various stages of construction as ENGINNEER deems necessary at order to observe as an experienced and qualified design professional the progress I:JCUCGPNF.72At COEvll177 C>NS 1Y10-S (1990 L"ytian w� cal' ar rater crn,t.t:as mtonna cnrlo;vs utrw an_000r that has been made and the quality of the various aspects of CONTRAc'TOR's executed Work Based on information obtained during such visits and observations. FNTGINE-ER will endeavor for the benefit of OWNER to determine. in general. if the Work is proceeding in accordance with the Convnet Documents. ENGINEFi R will not be required to male c duiustive or continuous on - site inspections to check the quality or quantity of the Work. ENGTNrEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, F-NGINFER will keep OWNI-R informed of the progress of the Work and will endeavor to guard OWNER agaimu &fective Work. EINGINEFR's visits and on -site ohservations are subject to all the lunitatium on E\GINEER's authority and respunsibiht% sct forth in paragraph 9.13,. and particularly, but without limitation, during or us it result of ENFGINEER's on -site visits or observations of CON'fRA(7l'0R's Work ENGINEER will not supeFise, direct;, control a have authority over or be responsible for CONTRAC'rOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Taws and Regulations applicable to the furnishing or perfonttance of the Work. Project Representative: 9.3, If OWNER and RNIGi;SEER agree, ENGINEER will furnish a Resident project Representative to assist ENGINEER in providing more continuous observation of the Work. The resgxOosihilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs ?,a and 4.13 taty Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not IEVGR TEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided inthe nat-aStapl-23 431 The R reseritabye's dealings in matters pertainir +a to the on -site work wit in en�raL be with the ENGINEER and CONTRACTOR But, the Represent;ttiv_e, --- wilt _keep,_ the OWI I R properly advised about such maltcrs The Representative's dealing with subcontractors will only be throutzh or with the full knowledge and approval of the CONFR4CTOR 9.3.2. Duties and Rgspornibilities Representative wily 9.3.2.1. Schedules - Review the =ogress 19 schedule and other schedules prepared by the (t)lvTT AQTOR and consult )vith the E\ GINF.ER concernba 4sc� 9�a.2.2. Con cTea}ces anet Meeting - Attend meeti% with the CONTRACTOR such _ ws precc%nstructron conference s,, prn�es _mee[ ngs and ether cib_rnnferences and trepare. atui circulate cypresof minutes of meetings. 93.33. I..iaistm 93.23.1. ._.__Serv_eas_)_NGINE.F.WS _.liaison with CONTRACTOR vork_:in6,_,princ llv through CONTRACTOR'S superintendent to assist the (T)NfRA(jOR in understanding the Contract Documents. 9 Assi§t in obtaining liom OWNER additional derails_ or in�om)atinn- when require,l for prolxr execution of the Work. 93.2.33 Advise the ENGINF.,EsR and CONt'RACTOR of the commencement of and 1Uork_ rebutting a Sfro� l�rawirtg or sgmp)y suhtridgaa if Itlig. subpAsSion as of �ccn approved by the FivG1NF1 12. 9.xevigw of �VoSkgL�ti ofe e�taX Work [nspecti<xts and Tests - 9.3.2_4.1_ Conduct on -site oascrvat�rt$ of the Work in Drcwress to assist the ENGINEER in determiniu that the ork issrroM—ding,in aocordnncc Wirth the CmWitract Documents. 93,,3,_4_3.Aucainp v visi_ti;g;,_',_ ec ors represet>ting public or othei agencies haying msdictian over t e ti ec recwd the results ENG of these INEERmsnegtiom and report to the 9.3.?_5,,,,,_---_- Ir ergetgtion of _ Contract pocumeras.Repurt to 1NGINEER_uhen clas�catiom and inn etations of the Contract D umenfs a neeurni ttansttnit W CONT$Qi=j OR ctari( ion and intatt tatiim of the Contract Documents as aswed by the a___ tOaM PA 9.3.2.6, ModiScations. Consider and evaluate CONTRACTOR'S suggestions for EJCDCGENERAL MNDIIIOM 1910-8 (1990 Edi[ia() 20 mJ C17Y OF FORT' C'OLLI M NIODIFICATIONS (RF.4 -0:20(na) moclification in Drawinn or Sixcitications and report these. EN('ANEE:R Accurately transmit to CO\ -TRACTOR decisions i=ied bv_ the EISTNEER- 9.3. 2.7, Records. ".0 .$_ RIMPM. Q 3? $.: L. _ y'tunisit fiNG�_k?Ii4Sti!s r„eO__ as r aired of the�pra�ress of the Work and of the CONTRACTOR'S cc(Itgyancn with the oroerhe-yiyle_prad schedule_ aC shoR,_Dr�wir>g -and gmje W-bil1Jti71, _ath—END1 L' ''.A.JID acivam:e of schgclu_ ling _�„major tests inspections or start of important yhasses orthe Wok. 13o hd cat ire Orders and Work Directive C pages obtainirtg backutt material linm the CON`RACTOR and iecommerxl to ENOMER Change Orders. Work D-trmc ve_ Charam and field orders 9.3 2-8.4. Revort immediately _ to ENGINEER and, OWNER the occwrzncr pf %ny widen 93' 9 PaytxiexA XsWes 'view ap Iications for payment with CONTRACTOR for compliange with the estsblisbed_ procedure for their submission and forward with recommendation to ftiGINILlynetirt particularly thz rclat}onsf��.�>C the pnment requested to the whedule of talues, workconinletcd and materials and a etiltncnt delivered —al the site tut not Jncornoratod, in the Work. 9.3.2.10. Completion 93 _.I O.l. I Before 1N-GI.NEER issues a C eradicate of Sul»tantiul (.Qxu rtto11 submit to (O'vtI2r1CPOR. a hst of ohscrmM cans regu um orresaiun or cempletjon. 9_ 3.'.10?,___C Col Cmal _inspection ,in_ the company of the FUNGI IPER OWN! It and CONTRACTOR and .preryare a.__fi_nal list of items to be corrected or completed 93210.3. Observe that all items on the tumil It+t_hayc l con corrected er_u tnpletcd_and make recommendations to ENGINEER concernn9,ncceitance. 93.3._[.iinnation of Authority Al�he Representative shall not 9,3.31, Authorize any., deviations from the Contract ihxumentS of tact any_ uhstitutc _ tc materals cr„equrpprent,,unle autixirited by t1n HN61NhF,R. 933.2. _Exceed limitations of F•aCil\lfhJ authority as set forth in the Contract Documents 9.3,3 3 [ n lenake any nl_ihe"rcisportsr6ditics of the CONTRACTOR, Subcontractors,_ or C� v l R•�t l QR;sglinlcnderl4. 9z3 4 , _,1dy_tse_ut,,.s?� dsyuc dycct}vans telauye to—, tsstrnFe _ raze turol_ x gF anvaspect at the m m to thocts to hniqucs sequerucs or RFF Oures_l4t salIs.4Nctim umi", such _is sgcnhcaily called for to the CUntraM D�cumrnts, 9,3.,3Advise on or issue directions reyaRln..Ilg... 9t'_.,...€asset#l/,z..._.�SiRt?'41 _±?Y_rr .rfity prrcauttcxtstin prutrams in connections with „the Work )33 b3 6 Aggept"_Shop fhuw n ,"_orrsampte sumittals iioti anyone other than the CONTRACTOR 9.1.3.7.__.Authorize OWNER to occupy_the Wsirl i i whole o in Dart 9,3.35 ,_"Purtctpate_ jn_,_spcttxlia_ fiehl ur lntmrntnry tests or! 0, ms conducted by others e�cermt sty,.�_specnhcahauthonzed.." by _the h;%ltilNL Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the FXI)CCIENERAL C-Otv7.it71O'N'J 1910 411990 Eclilian w/ UTY OF FORT C OLLI M MODIFICAT1ONS MIN O7000) requirements of the Contract Documents (in the form of Drawings or othemise) as fNGfNEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and huerpretatiuns will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes than a written clarification or interpietationjustifies an adjustment it the. Conhact Price w the Contract Tines and the parties are unable to agree to the amount or extent thereof" if any, OWNER or CONTRACTOR may make it written claim theretiir as provided in Article l i or Article 12. .luthorized I ariations in Work: 95. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract .Price or the Contract Times and are compatible with the design concept of the complcted Project as a functioning whole as indicated by the Contract tk>cuments, These may be accomplished by a Field Order 'and will be binding on OWNER arid also on C^ONl'R.1CrOR who shall perform the Work involved promptly. if OWNIiR or CONI"RACTOR believes that a Field Orderjustjfies an adjusttirent in the Contract Price or the Contract Times and the patties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or 12. Rejecting Defective !York: 9.6. ENGINEER will have authority to disapprove or rejecti Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Coxntrad Documents or that win prejudice the integrity of the design concept of the completed Project as it functioning whole as irxlicated by die Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated. installed or completed. Shop Drawings Change Orders anal Payinentt: 9.7, In connection with ENGINEER's authority as to Shop Drawings aril Samples, see paragraphs 6.24 through 6.25 inclusive. 9.8. In connection with ENGMER's authority as to Chan e Orders, see Articles 10, l 1, and 11 99. In connection with ENGfNTER's authority as to Applications for Payment, see Article 14, Determinations for Unit Prices: 9,10, ENGINEER will determine the actual quantities and clasilications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER1s preliminary determinations on such matters before rendering a written decision thereon (hy recommendation of an Application 21 for Paynmcnt or otherwise). L•'NGINEER's written decision thereon will tx- final and binding upon OWNER and CONTRACTOR, utilms, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other rind to ENGINEER written notice of intention to appeal front hNGINEEWs decision and: (i) an appeal from ENGIRtEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such DitTute Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINERR's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will nut be subject to the procedures of paragraph 9.11, L)ecisions on &Tures: 9.11_ ENGINEER will be the initial interpreter of the rcquircmcnts of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles I and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writiatg with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty trays) utter the start of the occurrence or event giving rise thereto. and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occuirence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimum within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows adciidotm1 time). ENGINEER will reader a formal decision inwriting within thirty hys after receipt of the opposing party's submittal, if any. in accordance with this paragraph. TNGINEERs written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in Accordance with the procodkm, set forth in IE\ MIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (it) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGIN='a written decision is delivered by OWNER or CONTRACTOR to the other and to ENGMEP within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to curcise such rights or remedies as the appealing patty may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such E1CDC GENERAL CON'DIMON51910-8 (1990 Editiem) =2 col CITY OF FORT ODLLINS MODIFICATIONS OUN 4R00M decision, unless otlictwise agreed in writing by O11NER and CONTRACTOR_ 9.12. INlien Functioning as interpreter and judge under paragraphs 9.10 antl 9,11. ENGINEER will not shone rItiiahty to OWNER or CONTRACTOR and will not he liable in connection with any interpretation or clec:ision rendered in gaxl faith in such capacity The rendering of a decision by E\'GINTLTR pursuant to puragraphs 9.10 or 9.11 with respect to any such cla m. dispute or otlier matter (eNcept any whichhave peen waived by the making or acceptance of final payment as pruvid%d in pameraph 14.15) will he a condition precedent to any exercise by OWNER or CON TRAC f OR of such rights or remedies as either may otherwise have tinder the Contract Documents or by Lams or Regulations in respect of any such claim.dispute orother matter}x ctanttEslRtek-1b. 9,13. Limitations on Fr'v'GL EER's Authority rued Respon.dhftiriev: 9-13.1_ Neither E.NGINP..ER's authority or responsibility under this Article 9 or under anv other' provision of the Contract Documerim nor any decision made by E.NGINEIdR in good faith either to exercise or not exercise such authority or responsibility or the undenaking, cxcrcisos or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier. any other Perim or organizntion, or to any, surety for or employee or agent of any of them. 9.132. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR'.s means, methods, techniques, sequences or procedures of construction, or the safety Precautions and programs incident thereto, or for any failure ofCONTRACTOR ONTRAC TOR to comply with Laws anti Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible fir the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certifientes of inspection. tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents, 9.13.5. The limitations upon authority and resp oambility sat firth in this paragraph 9.13 shall also apply to FNGfN7EE.R.% ConsuhanL, Resident project Representative and Assistants. ;AR'1'ICI,E 10--0HANCES IN THY AAORK Io.1, Without MVHIILIMMn' the ,agreement and without notice to any surety. OW\fiR may, At am, time or from time to time, order additions. deletions or revisions in the Work. Such additions, deletions or revisions will he authorized by a Written Amendment a Change Order. or a Work Change Directive. Upon receipt of an-v such document. CONTRACTOR shalt promptly proceed with the Work invoked which will be performed under the applicable conditions of the Contract I kecuments (except as otherwise specifically provided). 10.2. if OWNER and CONTRACTOR are unable to agree as to the extent, if any, of An adjustment in the Contract 1'r'ice or an adjustment of the Contract limes that should he Allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I 1 or Article 12 10.3- CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of die Contract Tunes with respect to any Work performed that is not required by the Contract Metiments as amended, modified and. supplemented as provided in paragraphs 3.5 and 3.6, cxc3pt in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in pinagraph 139. 10.4, OWNER and CONTRACTOR shall execute Appropriate Change Orders recommended by ENGINEER (or Written.irmeralments) covering: 10.4.1, changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii)required bemuse of acceptance of defective Work under Paragraph 13_13 or correcting defective Work under paragraph 13.14, or (W) agreed to by the parties; 10.4.2. changes in the ContractAice or Contract Times which are agreed to by the parties; and 10.4 3. changes in the Contract Price or Contract "Times which embody the substance of arty written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with. the provisions of the Contract Documents and applicable Laws and Regulation-, but during any such appeal, CONTRACTOR shall carry on the Work and ad}tere to the prop ress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents Ert'DC (;ENERAt CONDITIONS 1910-8 (1990 EStiuil col Cl 1Y OF FORT 001-U NS MODINI CATIONS IREV ICM)1 (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be oven to a study. the giving of any such notice will be t'ONTRACTOK's responsibility, and the amount Of each applicable Bond will be Adjusted accordingly. ARTICLE Il--CHANG;F. OF CON rR,ACT PRICE 11.1. The Contract Price coixditutes the total compenmation (subject to audtorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR s1m11 Iw at CONTRACTOR's expense without change in the Contract Bice. 11 '2, The Contract Price may only be changed by a Change Order or by it Written Amendment Arty claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) alter the start or the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event fundess E�4GFNTTEF.R allows additional time for claimant to submit additional or more accurate data in support of the claun) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said Occurrence or event All claims for adjustment in the Contract Price shall be determined by FNGiNFER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the arnount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 112. 11.3. The value or any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Worknwolved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23