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BID - 5942 LEE MARTINEZ FARM ADDITION (4)
SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Lee Martinez Farm Addition BID NO. 5942 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS November 1, 2005 - 3:00 P.M. (OUR CLOCK) 7.0 CONTRACT TIME. The number of days within which, or the date by which substantially complete and also completed and ready (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. the Work is to be for Final Payment 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. 12/03 Section 00100 Page 4 E1CDC GENERAL CONDITIONS 19105 (1990 Editim ) i6 wl CITY OF FORT COLLINS MODIFICATIONS (REV V2000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNF,R and CONTRACTOR is amended to include the following agreemeru of the parties: 16.1_ All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14,15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This, agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 162. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11, and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -clay or ten-day period specified in paragraph IG 2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, anal in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. E1CDC GENERAL CONDITIONS 191e-8 (1990Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other mariner any other person or entity (including ENGINEER, ENGINEER'S Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16A.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph, but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may 3oin such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mechation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the tenuination of the mediation. The mediator of any dispute submitted to mediation under this AgreeJnent shall not serve as arbitrator of such dispute unless otherwise agreed. GC -AI EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194) GC -AI SE 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 7/96 Section 00800 Page 1 paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The 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 for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The Project Manager shall have the authority set forth in the OWNER's Capital Project Procedures Manual. The Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work, or for any failure of the Contractor to comply with laws and regulation applicable to the performance or 00800-2 furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Resident Construction Inspector(s) (RCI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any RCI assignments. The RCI shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The RCI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The RCI's dealings in matters pertaining to the on -site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule 0 days lost due to abnormal weather conditions. 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 . . . [IZII:i1�] No Text SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application 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 % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: DATE: DATE: DATE: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing 9/99 Section 00950 Page 1 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of SUMS. 11.3. Bids by corporations must, be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 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 12/03 Section 00100 Page 5 Section 00960 APPLICATION FOR PAYMENT PROJECT: PO# PAY ESTIMATE NO: DATE: CONTRACTOR: ADDRESS: CONTRACT FOR: PARTIAL TO The undersigned Contractor certifies that to the best of his knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received, in this current payment shown herein is now due. CONTRACTOR: FINAL TO In accordance with the Contract Documents, based on site observations and the data comprising the above application, the Architects Certifies to the Owner that the Work has progressed to the point indicated; that the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. ENGINEER: By: 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 WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B, COMPLETING THE WORT{ CHANGE DIRECTIVE FORM Engineer initiates the fornt, 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 mast be issued to change the estimated price or Contractor may stop the changed. Work when the estimated time is reached. Ifthe 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 Prices or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph 10.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDWD PROMPTLY. Section 00970 Page 1 DATE OF ISSUANCE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. WORK CHANGE DIRECTIVE No. EFFECTIVE DATE ENGINEER's Project No. You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: Unit Prices Lump Sum El Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract S If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Times: Substantial Completion: days; Ready for final payment: days. RECOMMENDEV: AUTHORIZED; ENGINEER OWNER By: By: EJCDC No. 19104,F (1"6Edition) Prop" by the 6no%vt Nat Centmi noownentsCo sftt aW esdomd by The Associated Gasent Coam ws.of Amecks and the.Coasuwtt" SWitkums MWNh. Section 00970 Page 2 of Awhno1 osP REQUEST FOR INTERPRETATION Project: R.F.I. Number: To: Re: From: Date: A/E Project Number: Contract For: Specification Section: Paragraph: Drawing Reference: Detail: Request: Signed by: Response: Date: ❑ Attachments Response From: To: Date Rec'd: Date Ret0d: Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Stimiiications Institute, Page of July 1994 99 Canal Center Plea, $cite 300 Almandtia, VA 22314 CSI Form 13.2A Section 00970 Page 3 Advewernpt _ or construction rechnobgy CLARIFICATION NOTICE Project: Clarification Notice Number: To: From: Date: A/E Project Number: Re: ContractFor This Clarification Notice is issued for the purpose of clarifying the Contract Documents based on an interpretation reasonably inferable from the Contract Documents, and therefore has no effect on the Contract Sum or Contract Time. Proceeding with Work. in accordance with this Clarification Notice indicates acceptance with no change in the Contract Sum or Contract Time. Specification Section: paragraph: Drawing Reference: Detail: Description: ❑ Attachments Signed by: Date: Copies: Cl Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Specifications Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA CST Form 13.3A 22314 Section 00970 Page 4 IV Adranoemeru of Construction iechnotogy FIELD ORDER Project: Field Order Number: From: To: Date. AiE Project Number: Re: Contract For: You are hereby directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the Work without change in Contract Sum or Contract Time. If you consider that a change in Contract Sum or Contract Time is required, submit a Change Order Request to the A/E immediately and prior to proceeding with this Work. Specification Section: Paragraph: Drawing Reference: Detail: Description of Interpretation or Change: ❑ Attachments Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Specification Institute, Page of My 1994 99 Canal Cantor Plaza, Suite 300 Alexandria, VA 22314 CSI Fonn 13AA Section 00970 Page 5 SECTION 01010 SUMMARY OF WORK PART 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 representa- tive. 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 01010 - 1 0237.07 of the Contract: 1. Lump sum basis, including approved Alternates. 1.05 WORK BY OTHERS (if necessary) A. The Owner shall furnish and install all offsite improvements, including street improve- ments, utility extensions and stormwater systems by separate contract. END OF SECTION 01010 - 2 0237.07 SECTION 01025 MEASUREMENT AND PAYMENT PART 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 GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit Applications for Payment to Owner in accordance with the schedule established by the General and Supplementary Conditions of the Contract and Owner -Contractor Agreement. B. Related requirements specified elsewhere: 1. Owner -Contractor Agreement: a. Lump sum and unit prices. b. Progress payments, retainages and final payment. C. Allowable progress payments for Contractor overhead, profit and Division I expenses. 2. Bid Form. 3. General and Supplementary Conditions: a. Retainages. b. Liquidated damages, if applicable. C. Partial release of lien affidavits. 4. Section 01370, Schedule of Values. 5. Section 01700, Contract Closeout. 6. Section 01730, Operating and Maintenance Data. 1.02 FORMAT AND DATA REQUIRED A. Submit itemized Applications typed on standard City of Fort Collins forms, unless otherwise approved. B. Provide itemized data on continuation sheet. Format, schedule, line items and values shall be those of the Schedule of Values accepted by Architect. C. Applications for payment shall include only that material, labor and/or stored material in place as of the date of Application. 1.03 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: 1. Form shall be completed and notarized by a Notary Public, state of Colorado. 2. Fill in required information, including that for Change Orders executed prior to date of submittal of Application. Incomplete Application forms shall be returned to the Contractor and not processed. 3. Fill in summary of dollar values to agree with respective totals indicated on continuation sheets. 4. Certification shall be executed with signature of a responsible officer of contract firm. B. Continuation Sheets: 1. Fill in total list of all schedule component items of work with item number and scheduled dollar value for each item. 2. Fill in dollar value in each column for each scheduled line item when work has been performed or products stored, as of date of Application. 3. List each Change Order executed prior to date of Application at the end of the 01026 - 1 0237.07 Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 12/03 Section 00100 Page 6 continuation sheets. a. List by Change Order number and description, as for an original component item of work. C. Retainage: The Owner shall withhold retainage from each progress payment, as stipulated in the General and Supplementary Conditions. Contractor shall reflect the amount retained on each Application for Payment. D. Partial Release of Liens Affidavit: Contractor shall submit a Partial Release of Liens Affidavit with each Application for Payment certifying payment to Subcontractors, material suppliers or other entities having provided labor, materials and equipment related to the Work covered by the previous Application for Payment, as specified in the General and Supplementary Conditions. E. Prior to acceptance of Application for Payment, Contractor shall show that project record drawings are current and up to date per Section 01720, as requested by the Architect or Owner. F. Prior to acceptance of Final Application for Payment, Contractor shall submit complete operating and maintenance manuals for review and acceptance by the Architect and Owner. Refer to paragraph 1.06 below. 1.04 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When the Owner requires substantiating data, Contractor shall submit suitable information with a cover letter identifying: 1. Project name, Application number and date. 2. Detailed list of enclosures. 3. Stored materials may be submitted for payment, provided they are stored on site, in the Subcontractor's insured facility, or in a bonded warehouse facility as of the date of Application. a. Submit item number and identification as shown on Application, description of specific material. b. Submit certificate of insurance indicating coverage of stored materials, if requested by the Owner. B. Submit one (1) copy of data for each copy of Application. 1.05 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Fill in Application form as specified for progress payments. B. Use continuation sheet for presenting the final statement of accounting as specified in Section 01700, Contract Close -Out. 1.06 SUBMITTAL PROCEDURE A. Submit Applications for Payment to Architect within the time limitations and deadlines stipulated in the Agreement. B. Number: Four (4) copies of each Application, or as established at the Pre -Construction Conference. C. When Architect finds Application properly completed and correct, he will transmit Certificate for Payment to Owner within seven (7) calendar days. 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. 01026 - 2 0237.07 END OF SECTION 01026 - 3 0237.07 SECTION 01027 CHANGE ORDER PROCEDURES PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall prepare and promptly implement Change Order procedures: 1 . Provide full written data required to evaluate proposed changes in the Contract Sum or extensions of the Contract Time. 2. Maintain detailed records of work done on a time-and-material/force-account basis. 3. Maintain detailed records of weather -related delays to substantiate claims for additional time. B. Designate in writing the member of Contractor's organization who is authorized to ac- cept changes in the work. C. Related requirements specified elsewhere: 1. Owner -Contractor Agreement and Conditions of the Contract: a. Methods of determining cost or credit to Owner resulting from changes in the work made on a time -and -material basis. b. Contractor's claims for additional costs. C. Allowable limits for Contractor's overhead and profit. d. Established unit prices. 2. Section 01026, Applications for Payment. 3. Section 01046, Access to Site: Designation of Owner's Principal Representa- tive, authorized to execute change orders. 4. Section 01310, Construction Schedules. 5. Section 01370, Schedule of Values. 6. Section 01600, Material and Equipment: Substitutions. 7. Section 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 13.4A: 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 01027 - 2 0237.07 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 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. 01027 - 3 0237.07 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. 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 PART GENERAL 1.01 COORDINATION REQUIREMENTS A. Contractor shall be responsible for the overall coordination of all civil, landscape and urban design, architectural, structural, mechanical and electrical components and systems that are a part of this project. 1. Coordinate components and systems prior to purchasing or fabricating. 2. Coordinate materials, equipment and fixtures supplied by various trades for compatibility with the final installation. B. Coordinate all work included in the Construction Documents, including but not limited to the following construction trades: 1. Demolition. 2. Earthwork, excavation and grading. 3. Onsite utilities, including utilities designed by other jurisdictions. 4. Cast -in -place concrete. 5. Structural steel and metalwork. 6. Carpentry and cabinetwork. 7. Building and roof insulation. 8. Roofing and flashings. 9. Doors, windows and glazing systems. 10. Painting and finishing. 11. Flooring and hard surfaces. 12. Specialties. 13. Equipment. 14. Mechanical and plumbing systems. 15. Electrical systems. C. Coordinate scheduling, submittals and work of the Drawings and various Sections of Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. D. Coordinate and verify that utility requirement characteristics of operating equipment are compatible with the building utilities. Interruption of utility services shall be scheduled with and subject to the approval of the Owner seven (7) business days prior to the interruption. E. Coordinate utility locates and utility designs with the City of Fort Collins and other jurisdictions having authority over the project. Refer to Section 01060. F. Related requirements specified elsewhere: 1. General and Supplementary Conditions: Contractor's Responsibilities. 2. Section 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 Subcontrac- tors to assure coordination of work. 1.05 COORDINATION OF SUBMITTALS A. General: Schedule and coordinate all submittals specified in Section 01340 or other Sections. B. Coordinate work of various Sections having interdependent responsibilities for installing, connecting to and placing in service such equipment. C. Coordinate requests for substitutions to assure compatibility of space, operating elements and the effect on work of other Sections. 1.06 COORDINATION OF SPACE A. Coordinate use of project space and sequence of installation of mechanical and electrical work which is indicated diagrammatically on the Drawings. Follow routing shown for pipes, ducts and conduits as closely as practicable, with due allowance for available physical space; make runs parallel with lines of building. Utilize space efficiently to maximize accessibility for other installations, for maintenance and for repairs. B. In finished areas, except as otherwise shown, conceal pipes, ducts and wiring in the construction. Coordinate locations of fixtures and outlets with finish elements. 1.07 COORDINATION OF CONTRACT CLOSE-OUT A. Coordinate completion and cleanup of work of separate Sections in preparation for Substantial Completion. B. Assemble and coordinate close-out submittals specified in Section 01700. C. After Owner's occupancy of premises, coordinate access to the site by various Sections for correction of defective work and work not in accordance with Contract Documents to minimize the disruption of Owner's activities. END OF SECTION 01040 - 2 0237.07 SECTION 01045 CUTTING AND PATCHING PART GENERAL 1.01 WORK INCLUDED A. Requirements and limitations for cutting and patching of the work. Cutting and patching shall be as required to provide a complete and finished project. B. Related work specified elsewhere: 1. Section 01600, Materials and Equipment: Substitutions. 2. Section 02070, Selective Demolition. 1.02 SUBMITTALS A. Submit written request in advance of cutting or alteration which affects: 1 . Structural integrity of any element of the project. 2. Building, fire, life safety or handicapped accessibility compliance of the project. 3. Integrity of weather -exposed or moisture -resistant elements. 4. Efficiency, maintenance or safety of any operational element. 5. Visual or aesthetic qualities of sight -exposed elements. 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 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 completion 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 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials 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 SECTION 01070 ABBREVIATIONS PART1 GENERAL 1.01 DEFINITIONS A. Wherever used in these Specifications, the following abbreviations shall have the meanings indicated: AAMA American Architectural Manufacturers Association AASHTO American Association of State Highway & Transportation Officials ADA Americans with Disabilities Act AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ANSI American National Standards Institute ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWS American Welding Society AWWA American Water Works Association CDOT Colorado Department of Transportation CISPI Cast Iron Soil Pipe Institute CRSI Concrete Reinforcing Steel Institute CS Commercial Standard EEI Edison Electric Institute FS Federal Specifications IBBM Iron Body, Bronze Mounted IBC International Building Code IEEE Institute of Electrical and Electronics Engineers IRC International Residential Building Code ISA Institute Society of America IGCC Insulating Glass Certification Council LEED Leadership in Energy and Environmental Design MBMA Metal Building Manufacturer's Association MCC Motor Control Center MCIP Motor Control Instrument Panel MSL Mean Sea Level MSS Manufacturer's Standardization Society of the Valves and Fittings NBS National Bureau of Standards NEC National Electric Code NEMA National Electrical Manufacturers Association NFRC National Fenestration Rating Council NFoPA National Forest Products Association NPT National Pipe Thread NRS Non -Rising Stem NWMA National Woodwork Manufacturer's Association PIMA Polyisocyanurate Insulation Manufacturer's Association RPM Revolutions per minute 01070 - 1 0237.07 SDI Steel Deck Institute SJI Steel Joist Institute SMACNA Sheet Metal and Air Conditioning Contractors National Association, Inc. SPRI Single -Ply Roofing Institute TCA Tile Council of America UBC Uniform Building Code UCBC Uniform Code for Building Conservation UFC Uniform Fire Code UL Underwriter's Laboratories UMC Uniform Mechanical Code UPC Uniform Plumbing Code END OF SECTION 01070 - 2 0237.07 SECTION 01200 PROJECT MEETINGS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Owner shall schedule and administer Pre -Bid and Pre -Construction Conferences. B. Contractor shall schedule and administer periodic progress meetings and specially called meetings throughout progress of the work. 1. Prepare agenda for meetings and conduct meetings. 2. Record the minutes, including significant proceedings and decisions. 3. Reproduce and distribute copies of minutes within five (5) days after each meeting to all participants in the meeting and parties affected by decisions made at the meeting. 4. Prepare and regularly update an "open items list" to document and track required decisions and pending changes. C. Representatives of contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. D. Owner's representative will attend meetings to ascertain that work is expedited consistent with Contract Documents and construction schedules. 1.02 PRE -CONSTRUCTION MEETING A. Owner shall schedule and administer the Pre -Construction Conference within five (5) working days after the date of Notice to Proceed. B. Location: A central site, convenient for all parties, designated by the Owner. C. Attendance: 1 . Owner's principal representative. 2. Contractor's project manager and superintendent. 3. Major subcontractors. 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. 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. 01200 - 1 0237.07 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 PART 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. 01310 - 1 0237.07 1.04 SUBMISSIONS A. Submit initial schedule within fifteen (15) days after Award of Contract. 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 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 B-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: 01340 - 1 0237.07 1. Functional characteristics of the product with integral related parts and attachment devices. 2. Full range of color, textures and pattern. B. Contractor shall coordinate and submit all samples requiring finish, texture or color selection by the Owner so that these materials may be reviewed by the Owner as a complete package. The Owner reserves the right to withhold finish and color selections until all such samples have been submitted. 1.05 CONTRACTOR RESPONSIBILITIES A. Contractor shall prepare and submit to the Owner a log of shop drawing, product data and sample submittals, indicating schedules for submission and review of individual products or equipment. B. Contractor shall coordinate and make submittals promptly, in accordance with the approved submittal schedule. The Owner shall not be responsible for delays in the work caused by the Contractor's failure to make submittals in a timely manner, the completeness and/or accuracy of such submittals, or failure to allow adequate time for review of submittals by the Owner or his professional consultants. C. Contractor shall review shop drawings product data and samples prior to submission to Owner. Contractor shall determine and verify: 1. Quantities. 2. Field measurements. 3. Field construction criteria. 4. Catalog numbers and similar data. 5. Conformance with Specifications. 6. Completeness of submittal and compliance with the requirements of this Section. D. Coordinate each submittal with requirements of the work and of the Contract Documents. Contractor shall coordinate submittals between related items of work prior to purchasing or fabricating. E. Review of shop drawings and submittals by the Owner/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. 01340 - 2 0237.07 4. The Owner reserves the right to withhold review and approval of submittals until all required copies have been furnished. C. Submittals shall contain the following information, to be completed on the attached Shop Drawing Identification Form: 1. Date of submission and the dates of any previous submissions. 2. Project title and number. 3. Contract identification. 4. Names of: a. Contractor. b. Supplier. C. Manufacturer. 5. Field dimensions clearly identified as such. 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards such as ASTM or Federal Specification numbers. 8. Identification of any deviations from Contract Documents. 9. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria and coordination of the information within the submittal with requirements of the work and of Contract Documents. 1.07 OWNER RESPONSIBILITIES A. Upon receipt, Owner shall distribute submittals to his professional consultants as applicable. B. Owner and consultants shall review submittals in a timely manner, in accordance with the requirements of General and Supplementary Conditions. C. Owner shall return submittals to the Contractor, with stamp indicating approval, rejection, required revisions, or description of requirements for resubmittal, if applicable. D. Owner shall retain copy or copies of submittals. 1.08 RESUBMISSION REQUIREMENTS A. General: Make any corrections or changes in the submittals required by the Owner/Engineer and resubmit until approved. Resubmittals may be required for the following reasons: 1. Incomplete or unclear submittals, or submittals which have not first been reviewed and approved by the Contractor. 2. Lack of required number of copies of product data or shop drawings. 3. Extent of the revisions necessary in the submittal to meet the design intent and to be properly reviewed. 4. Materials and/or fabrication details that do not meet the design or technical requirements of the specifications. 5. All color and/or finish selections have not been submitted as a complete package. B. Shop Drawing and Product Data: Revise initial drawings or data and resubmit as speci- fied for the initial submittal. Identify any revisions made. C. Samples: Submit new samples as required for initial submittal. 01340 - 3 0237.07 1.09 DISTRIBUTION OF REQUIREMENTS A. Contractor shall distribute reproductions of shop drawings and copies of product data which carry the Owner/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 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 SHOP DRAWING IDENTIFICATION FORM DATE: PROJECT: ARCHITECT: ALLER•LINGLE ARCHITECTS, P.C. 712 WHALERS WAY, SUITE B-100 FORT COLLINS, CO 80525 (970) 223-1820 CONTRACTOR: NAME: ADDRESS: PHONE: SUBCONTRACTOR: NAME: CONTACT PERSON: ADDRESS: PHONE: PRODUCT(S): SPEC. SECTION(S): *STAMP* END OF SECTION 01340 - 5 0237.07 SECTION 01370 SCHEDULE OF VALUES PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit to the Owner and Architect a Schedule of Values allocated to the various portions of the work. Upon request of the Architect, support the values with data which will substantiate their correctness. B. Schedule of Values shall be used only as the basis for the Contractor's Applications for Payment. C. Related requirements specified elsewhere: 1 . Conditions of the Contract. 2. Section 01026, Application for Payment. 1.02 FORM AND CONTENT OF SCHEDULE OF VALUES A. Schedule of Values shall be submitted to the 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 labor for 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 SECTION 01400 QUALITY CONTROL PART GENERAL 1.01 REQUIREMENTS INCLUDED A. General quality control of the materials, equipment and labor for the project. B. Manufacturer's field services, support, and testing requirements. C. Related requirements specified elsewhere: 1. Section 01600, Materials and Equipment: Quality of materials and equipment to be installed in the work. 2. Division 15, Mechanical, and Division 16, Electrical. 1.02 QUALITY ASSURANCE A. Contractor Qualifications: General Contractor shall have completed at least three (3) projects 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 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. Concretl; 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 require- ments of Section 03300. 4. If tests indicate that materials do not meet specified requirements, remove defective work, replace and retest at no additional cost to Owner. B. Compaction at Foundations, Building Slabs and Utility Trenches: 1. Testing of compacted fill materials shall be performed by an independent testing agent recommended by the Contractor and approved by the Owner. 2. Notify the 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 PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain temporary utility services required for construction. Remove upon completion of work. B. Furnish, install and maintain temporary sanitary facilities for use by construction personnel. Remove upon completion of work. C. Related requirements specified elsewhere: 1 . Section 01060, Regulatory Requirements. 2. Section 01530, Barriers and Enclosures. 3. Section 01560, Temporary Controls. 4. Section 01590, Field Offices and Sheds. 5. Section 01710, Cleaning: Trash removal during construction. 1.02 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with the current editions of all applicable building codes. Refer to Section 01060. B. Comply with applicable federal, state and local codes and regulations. C. Comply with applicable utility company requirements. 1.03 UTILITY FEES A. Utility charges and expenses for temporary construction usage for the following shall be paid by the Owner, unless indicated otherwise: 1 . Temporary electricity. 2. Temporary construction water until installation and acceptance of the building's permanent plumbing systems. 3. Temporary heat and ventilation upon start-up of the building's permanent mechanical systems, when put into service during the construction period as specified in paragraph 2.03.C. B. Utility charges and expenses for temporary construction usage for the following shall be paid by the Contractor, unless indicated otherwise: 1. Installation or connection charge for temporary electricity, water, natural gas, propane or telephone service. 2. Temporary sanitary facilities. 3. Temporary local and long-distance telephone, including cellular. 4. Temporary heat and ventilation until start-up or use of the building's permanent mechanical systems, including the cost of fuel used during construction. 01 510 - 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 01520 CONSTRUCTION EQUIPMENT AND AIDS PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish and maintain required construction equipment. B. Furnish, install and maintain required construction aids and remove upon completion of work. C. Related work specified elsewhere: 1. Section 01046, Access to Site. 2. Section 01510, Temporary Utilities. 3. Section 01530, Barriers and Enclosures. 4. Section 01560, Temporary Controls. 5. Section 01590, Field Offices and Sheds. PART 2 PRODUCTS 2.01 MATERIALS A. General: Equipment and construction aids for temporary construction uses may be new, used or rental equipment, suitable for the intended purpose, but must not violate requirements of applicable codes and standards. 2.02 CONSTRUCTION EQUIPMENT A. Provide construction equipment as necessary to facilitate execution of the work, including but not limited to: 1 . Miscellaneous hand tools. 2. Miscellaneous power tools. 3. Goggles, masks, hardhats and other personal safety equipment. 4. Cranes, forklifts and other material handling equipment. 5. Rolling or vibrating plate compactors. 6. Concrete batching and pumping trucks and equipment. 7. End loaders, scrapers, backhoes and other heavy equipment. 8. Air compressors. 9. Portable electrical generators. 10. Mortar batching equipment. 11. Drywall texturing equipment. 12. Paint spraying equipment. 13. Other equipment as required. 2.03 CONSTRUCTION AIDS A. Provide construction aids and temporary equipment required by personnel to facilitate execution of the work, including but not limited to: 1. Scaffolding, staging, ladders and platforms. 2. Stairs, ramps, runways and guardrails. 01520 - 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 3. Hoists, platform lifts and chutes. 4. Concrete curing and thermal protection blankets. 5. Drop cloths and other protective materials. 6. Other facilities as required. PART 3 EXECUTION 3.01 PREPARATION A. Consult with Owner, review site conditions and other factors which affect construction procedures and construction aids, including adjacent properties and public facilities which may be affected by execution of the work. B. Comply with applicable requirements specified in Divisions 2 through 16. C. Relocate construction aids as required by progress of construction, by storage or work requirements and to accommodate legitimate requirements of other subcontractors employed at the site. 3.02 REMOVAL A. Completely remove temporary materials, equipment and services: 1. When construction needs can be met by use of the permanent construction; or 2. At completion of the project. B. Clean and repair damage caused by installation or by use of temporary facilities. 1. Remove foundations and underground installations for construction aids. 2. Grade areas of site affected by temporary installations to required elevations and slopes and clean the area. C. Restore permanent facilities used for temporary purposes to specified condition. END OF SECTION 01520 - 2 0237.07 SECTION 01530 BARRIERS AND ENCLOSURES PART 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 0 15 10, 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. 01530 - 1 0237.07 2. Fencing shall be removed prior to finish grading, installation of underground sprinkler system and landscaping. 2.03 MISCELLANEOUS TEMPORARY WALL AND ROOF CLOSURES A. Provide temporary weathertight enclosure of exterior roof and walls for successive areas of the building as work progresses to provide acceptable working conditions, provide weather protection for materials, allowing for effective temporary heating and to prevent entry of unauthorized persons. 1. Provide temporary secure and fixed panels for double hung window openings. 2. Enclosures shall be removable as necessary for work and for handling of materials. 3. Provide enclosures for protection of areas designated for use by Owner during construction. Refer to Section 01046, Access to Site. 2.04 SAFETY BARRICADE FENCING A. Prior to commencing any sitework within any street, alley, public sidewalk or other right-of-way, Contractor shall prepare and submit a traffic lane closure plan to the City of Fort Collins for approval. 1. Plan shall clearly indicate how both vehicular and pedestrian traffic shall be safely accommodated and maintained during construction. B. Prior to commencing such work, Contractor shall erect and maintain protective safety barricade fencing around the areas of work, as required by the approved plan. 1 . Approved Materials: Expanded plastic fencing. 2. Color: Orange, or as approved by the governing agency with jurisdiction over this work. Refer to Section 01060. C. Provide adequate room within fenced enclosures for workers and construction activities. D. Maintain all required clearances for vehicular and/or pedestrian circulation within public right-of-ways that will be allowed during the construction period. Refer to Section 01046. E. Consult with the City of Fort Collins for any additional barricading or public safety requirements. F. Promptly remove temporary safety fencing upon completion of work and restore site area to original condition. Contractor shall repair or replace any existing materials or finishes damaged as a part of this work at no cost to the Owner. END OF SECTION 01530 - 2 0237.07 SECTION 01560 TEMPORARY CONTROLS PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain temporary facilities required for dust, erosion and pollution control. B. Implement and maintain temporary controls required for noise and construction work hours limitations. C. Related requirements specified elsewhere: 1. Section 01010, Summary of Work: Special site restrictions. 2. Section 01040, Coordination. 3. Section 01046, Access to Site. 4. Section 0 15 10, Temporary Utilities. 5. Section 01530, Barriers and Enclosures: Cold -weather construction enclosures. PART PRODUCTS 2.01 MATERIALS A. General: Materials for temporary controls may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions and must not violate requirements of applicable codes and standards. 2.02 DUST CONTROL A. Furnish and maintain such facilities or procedures as may be necessary to prevent air- borne dust generated by the construction activities of this project from affecting either the Owner's use of this site or neighboring properties. Implementation of such require- ments will be at the sole discretion of the Owner or the City of Fort Collins. B. Furnish materials, erect and maintain temporary dust partitions to seal portions of the building and equipment to remain in use during the construction period from affected areas of the project. 1. Partition Sheeting: Translucent or clear polyethylene sheets, 6-mil thickness minimum. C. Partitions shall be attached to the existing building so as not to damage or mar materials or finishes. D. Promptly remove temporary partitions upon completion of the work and restore materials and finishes to original condition. Contractor shall repair or replace any existing materials or finishes damaged as a part of this work at no cost to the Owner. 2.03 POLLUTION CONTROL A. Contractor shall take all necessary precautions to prevent spilling or littering of water - polluting substances. Do not allow any foreign materials to be dumped into any portion of the sewer or storm drainage collection system or into any water runoff collection basin. The Contractor shall be responsible for all labor, equipment and materials 01560 - 1 0237.07 necessary to remedy any such pollution as deemed appropriate by governing agencies with such jurisdiction. B. No burning of debris or any other air -polluting methods or equipment will be allowed. All motorized equipment shall be adjusted to minimize exhaust pollution. C. Contractor shall prevent fumes from roofing materials and equipment from being drawn into the existing facility's air intake system. Equipment shutdowns shall be scheduled as specified in Section 01040. PART 3 EXECUTION 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 3.01.6. 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 PART GENERAL 1.01 WORK INCLUDED A. Contractor shall prepare, erect and maintain one painted project sign. B. Restoration and Preservation Projects: A sign acknowledging funding from the Colorado Department of Transportation and the City of Fort Collins to be erected and maintained by the Contractor. C. No other signs or advertisement will be allowed without the Owner's approval. D. Related work specified elsewhere: 1 . Section 09900, Painting. PART 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 3'-0". END OF SECTION 01 580 - 1 0237.07 SECTION 01600 MATERIAL AND EQUIPMENT PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Material and equipment incorporated into the work: 1 . Conform to applicable specifications and standards. 2. Comply with size, make, type and quality specified, or as specifically approved in writing by the Owner/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 01600 - 1 0237.07 preparatory step or installation procedure, unless specifically modified or exempted by Contract Documents. 1.03 TRANSPORTATION AND HANDLING A. Arrange deliveries of products in accordance with construction schedules, coordinate to avoid conflict with work and conditions -at the site. 1. Deliver products in undamaged condition in manufacturer's original containers or packaging with identifying labels intact and legible. 2. Immediately upon delivery, inspect shipments to assure that materials and equipment are in compliance with approved submittals, required quantities have been provided and that products are properly protected and undamaged. B. Provide equipment and personnel to handle products by methods to prevent soiling or damage to products or packaging. 1.04 STORAGE AND PROTECTION A. Preparation for Shipment: 1. Prepare in a manner to facilitate unloading and handling. 2. Provide skids, boxes, crates or other effective shipping devices to protect materials, fixtures or equipment against damage from rough handling, moisture, dust, excessive heat or cold. 3. Protect painted surfaces against impact, abrasion, discoloration and other damage. 4. Apply grease packing or lubricating oil to all bearing and similar items. 5. Tag or mark each item as identified in the delivery schedule or on the shop drawings. Package or bundle items consisting of multiple similar pieces. Tag or mark the package or bundle. 6. Include complete packing lists or bills of material with each shipment. 7. Do not ship equipment requiring cranes or special equipment for unloading or handling without notice or until Contractor is prepared to receive and care for it properly. 8. Protect electrical equipment, controls and insulation from moisture or water damage. B. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. 1 . Store products subject to damage by the elements in weathertight enclosures. 2. Maintain temperature and humidity within the ranges required by manufacturer's instructions. C. Exterior Storage: 1 . Store fabricated products above the ground on blocking or skids. Prevent soiling or staining. Cover products which are subject to deterioration with impervious sheet coverings. Provide adequate ventilation to avoid condensation. 2. Store wood and wood products above the ground on blocking or skids, and cover to protect from weather exposure. D. Arrange storage in a manner to provide easy access for inspection. Make periodic inspections of stored products to assure that products are maintained under specified conditions and free from damage or deterioration. 01600 - 2 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 construction required by their use shall be borne by the Contractor. C. Contractor shall use any approved equal material or equipment at no additional cost to the Owner if the material or equipment used in his Bid is unavailable or causes undue delay in fabrication or delivery. PART 2 PRODUCTS 2.01 MATERIALS A. General: Use materials of commercial quality suitable for the anticipated service conditions. B. All materials and equipment to be installed in the permanent construction shall be new, unless otherwise permitted. C. Unless required otherwise, use components of standard sizes to assure future availability and permit field installation of repair parts. Make like parts of duplicate units interchangeable. D. 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 inaccessi- ble after assembly. 3. Finish exposed surfaces smooth, clean and filled to obtain uniform base for paint. 4. Apply one (1) or more shop coats of a primer capable of protecting surfaces to receive finish paint coats after installation. 5. Apply finish coats in the shop with a high-grade oil -resistant enamel on electric motors, speed reducers, starters and other self-contained or enclosed components. 6. Do not paint machined, polished or non-ferrous surfaces. Coat such surfaces with rust -preventive compound, Houghton Rust Veto 334, Rust-Oleum R-9 or equal. PART 3 EXECUTION 01600 - 4 0237.07 SECTION 00300 BID FORM 3.01 INSTALLATION A. Install equipment with or under the guidance of qualified personnel having the knowledge and experience necessary for proper results. B. Arrange work to facilitate maintenance, repair or replacement of equipment. Locate services requiring maintenance on valves and similar units in front of services requiring less maintenance. Connect equipment for ease of disconnecting, with minimum of interference with other work. C. Locate operating and control equipment, dampers, valves, traps, clean -outs, motors, controllers, switchgears, drain points, maintenance items and devices for easy access. Install access panels where units are concealed by finished and similar work. D. Provide required clearances in front of, and around, equipment as necessary for access and ventilation. Comply with all applicable codes and regulations. 3.02 PLACING EQUIPMENT IN OPERATION A. Before starting up each system: 1 . Check each piece of equipment for proper drive rotation, belt tension and any other condition which may cause damage to equipment or endanger personnel. 2. Clean, blow-out or flush lubricating oil, water systems and other pipelines. 3. Lubricate equipment in accordance with manufacturer's recommendations. 4. Test lubrication system safety interlocks and system performance. 5. Perform final alignment checks under observation of the Owner's principal representative and, where required, manufacturer's field representative. 6. Demonstrate that no abnormal stresses are transmitted to equipment from piping, ducts or other attachments. 7. Check anchor bolt tensions, grout and shims. Use calibrated torque wrenches for tightening anchor bolts. Do not overstress bolts. B. Place equipment into successful operation in accordance with the written instructions of the manufacturer or the instruction of the manufacturer's field representative, including required adjustment, tests and operation checks. 3.03 PERFORMANCE TESTS A. Tests may be required, whether or not specifically called for, to determine if equipment will perform as specified or guaranteed. Final acceptance of equipment, or Substantial Completion of that part of the work, is contingent upon acceptable test results. B. Do not conduct tests on equipment for which manufacturer's field service is specified, unless manufacturer's field representative is present and declares the equipment ready for test. C. Conduct tests as set forth in the Specifications, unless another manner is approved. D. Equipment or systems that fail to satisfy the performance requirements shall be modified or replaced at Owner/Engineer's option. If modifications are allowed, make modifications necessary to produce an installation which will satisfy the performance requirements. Retest after modifications or equipment replacement is complete. Modifications, additional equipment, retesting and structural, piping or electrical modifications necessary to accommodate modified equipment or replacement equipment shall be made at no additional cost. END OF SECTION 01600 - 5 0237.07 SECTION 01700 CONTRACT CLOSE-OUT PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Comply with requirements stated in Conditions of the Contract and in Specifications for administrative procedures in closing out the work. B. Related requirements specified elsewhere: 1. Conditions of the Contract: Fiscal provisions, legal submittals and additional administrative requirements. 2. Section 01026, Applications for Payment: Requirements for final payment. 3. Section 01050, Field Engineering: Surveying certificate and final completion survey. 4. Section 01310, Construction Schedules. 5. Section 01600, Material and Equipment: Maintenance materials. 6. Section 0 17 10, Cleaning. 7. Section 0 17 20, Project Record Documents. 8. Section 01730, Operating and Maintenance Data. 9. Section 01740, Warranties and Bonds. 10. Respective Sections of Specifications: Testing requirements and closeout submittals required of specific trades or subcontractors. 1.02 SUBSTANTIAL COMPLETION A. Definition of Substantial Completion: Refer to General and Supplementary Conditions of the Contract. B. When Contractor considers that the work is substantially complete, he shall submit to the Owner: 1. Written notice that the work or designated portion thereof is substantially complete. 2. "Punch list" of items to be completed or corrected, as determined by the Contractor prior to inspection by the Owner. 3. Temporary Certificate of Occupancy, or other evidence of acceptance by the building official or other authority with jurisdiction over the project. C. Within a reasonable time after receipt of such notice, Owner will make an inspection to determine the status of completion. D. Should Owner 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, accompanied 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. 01700 - 2 0237.07 F. Evidence of Payment and Release of Liens: General and Supplementary Conditions. G. Test Results: Written approval from the testing agency for systems or equipment requiring final testing, as specified above. H. Certifications: Written certifications of material or equipment compliance, as required by Colorado Department of Transportation. 1.06 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Owner. Statement shall reflect all adjustments to the Contract Sum: 1. The original Contract Sum, including accepted Bid Alternates. 2. Additions and deductions resulting from: a. Previous Change Orders. b. Allowances. C. Unit prices. d. Deductions for uncorrected work. e. Penalties and bonuses. f. Deductions for liquidated damages. g. Deductions for reinspection payments. h. Other adjustments. 3. Total Contract Sum, as adjusted. 4. Previous payments. 5. Sum remaining due, including retainage. B. Contractor will prepare a final Change Order reflecting approved adjustments to the Contract Sum which were not previously made by Change Orders. 1.07 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract and Section 01026, Applications for Payment. END OF SECTION 01700 - 3 0237.07 SECTION 01710 CLEANING PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Execute cleaning during progress of the work and at completion of the work. B. Furnish, maintain and service trash removal dumpsters and/or roll -offs. C. Furnish, maintain and service recycling containers for construction materials, packaging and waste products. D. Related requirements specified elsewhere: 1 . Conditions of the Contract. 2. Respective Sections of Specifications: Cleaning for specific products or work. 1.02 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with applicable codes, ordinances, regulations and anti -pollution laws. B. Disposal of waste materials, debris and rubbish shall be at a commercially -operated recycling center, legal dumpsite or landfill. 1. Contractor shall be responsible for all dump fees and expenses associated with hauling materials to the landfill. PART PRODUCTS 2.01 CLEANING MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturers of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufac- turer. 2.02 WASTE REMOVAL CONTAINERS A. Furnish and maintain recycling, trash and waste removal dumpsters and/or roll -off dumpsters for the collection of waste materials, debris and rubbish, in quantities sufficient for the Work. 1 . Dumpsters shall be provided with tightly fitted covers to prevent debris from being blown out. 2. Roll -offs shall not be required to be covered, but shall be serviced frequently enough to prevent debris from accumulating and being blown out. 3. Individual recycling containers shall be maintained for paper, corrugated cardboard, and co -mingled containers for glass, plastic, aluminum and steel. General contractor shall be responsible for ensuring proper separation of recycled materials and delivery to acceptable recycling centers. B. Location of roll -offs and trash dumpsters shall be as arranged at the Pre -Construction 01710 - 1 0237.07 Conference. PART 3 EXECUTION 3.01 PROGRESS CLEANING A. Execute periodic cleaning to keep the work, the site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris resulting from construction operations. B. Maintain parking areas, access drives and city streets clean from mud and other debris. C. Remove recycling, waste materials, debris and rubbish from the site periodically and dispose of at legal commercial recycling centers, dump sites or landfills away from the site. 3.02 CLEANING PRIOR TO PAINTING A. Clean interior spaces prior to the start of finish painting and continue cleaning on an as - needed basis until painting is finished. B. Schedule operations so that dust and other contaminants resulting from cleaning process will not fall on wet or freshly finished surfaces. C. Temporarily seal window and door openings prior to the start of finish painting to prevent windblown dust and other particulates from impairing wet or freshly finished surfaces. 3.03 FINAL CLEANING A. Final cleaning shall be performed by personnel or subcontractors skilled in this work. B. In general, the extent of final cleaning shall be to remove grease, mastic and adhesives, dust and dirt, stains, fingerprints, labels and other foreign materials from site -exposed interior and exterior surfaces. C. Interior cleaning shall include, but not be limited to: 1 . Wash and polish glass, glazing and mirrors. Polish glossy surfaces to a clear shine. 2. Damp mop all wood floors. 3. Wipe down all finish carpentry, woodwork and cabinetwork. 4. Wipe down and polish toilet partitions, toilet and bath accessories, signage components and other specialties. 5. Broom clean and dry vacuum all interior sealed concrete floor slabs to be left exposed. Apply specified finish/sealer. D. Exterior cleaning shall include, but not be limited to: 1 . Wash and wipe down doors and frames. 2. Wash and polish glass and glazing. E. Site cleaning shall include, but not be limited to: 1 . Broom clean and wash down all areas of exterior concrete flatwork and asphalt paving. F. Ventilating Systems: 1. Clean permanent filters and replace disposable filters if units were operated during construction. 01710 - 2 0237.07 2. Clean ducts, blowers and coils if units were operated without filters during construction. G. Prior to final completion or Owner occupancy, Contractor shall conduct an inspection of the site, all site -exposed interior and exterior surfaces and all work areas to verify that work of the entire project is clean. END OF SECTION 01710 - 3 0237.07 SECTION 01720 PROJECT RECORD DOCUMENTS PART 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 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 SECTION 00300 BID FORM PROJECT:5942 Lee Martinez Farm Addition Place Date 1. In compliance with your Invitation to Bid dated and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor)** authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through 7/96 Section 00300 Page 1 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 (1 5) 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 GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall compile specified warranties and bonds and specified service and maintenance contracts. B. Review submittals to verify compliance with Contract Documents. C. Submit to Architect for review and transmittal to Owner. D. Related requirements specified elsewhere: 1. Instructions to Bidders: Bid or Proposal Bond. 2. Conditions of the Contract: Performance Bond and Labor and Material Payment Bond. 3. Conditions of the Contract: General Warranty of Construction. 4. Section 01700, Contract Close -Out. 5. Section 01730, Operating and Maintenance Data. 6. Respective Sections of Specifications which specify the product. 1.02 SUBMITTAL REQUIREMENTS A. General: Submit warranties, bonds and service and maintenance contracts as specified in respective Sections of Specifications. 1. Unless otherwise indicated, all warranties shall be written in the Owner's name, and shall be transferable to future Owner(s) for the duration of the warranty period. B. Assemble warranties, bonds and service and maintenance contracts, executed by each of the respective manufacturers, suppliers and subcontractors, bound with operating and maintenance data. Manuals are specified in Section 01730. C. Number of original signed copies required: Three (3) each, or as required by number of manuals specified in Section 01730. D. Table of Contents: Neatly typed in orderly sequence. Provide complete information for each item. 1 . Product or work item. 2. Firm with name of principal, address and telephone number. 3. Scope of warranty, bond or service and maintenance contract. 4. Date of beginning of warranty, bond or service and maintenance contract. 5. Duration of warranty, bond or service and maintenance contract. 6. Provide information for Owner's personnel: a. Proper procedure in case of failure. b. Conditions which might affect the validity of warranty or bond. 7. Contractor, name of responsible principal, address and telephone number. E. Format of Submittals: 1 . Format: Prepare in duplicate packets. 2. Size: 8-1/2" x 11 " punched sheets for standard three-ring binder. Fold larger sheets to fit into binders. 01740 - 1 0237.07 1 .03 SCHEDULE OF SUBMITTALS A. Submit documents within twenty-five (25) days after inspection and acceptance for equipment or component parts of equipment put into service during progress of construction. B. Otherwise make submittals within twenty-five (25) days after date of Substantial Completion, prior to final request for payment. C. For items of work where acceptance is delayed materially beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1.04 REQUIRED WARRANTIES AND BONDS A. Bid or Proposal Bond: Refer to Instructions to Bidders. B. Performance Bond: Refer to Conditions of the Contract. C. Labor and Material Payment Bond: Refer to Conditions of the Contract. D. General Warranty of Construction: Refer to Conditions of the Contract. Unless modified elsewhere, General Contractor shall warrant all construction materials and workmanship for a period of one (1) calendar year from the date of Substantial Comple- tion. E. Warranties: Provide required warranties for products, materials and equipment covering defects in materials and workmanship for the time duration(s) specified in individual Sections. Where no specific warranty is mentioned, provide warranty coverages normally provided by the manufacturer for that product. 1. Unless otherwise indicated, all warranties shall be written in the Owner's name. 2. All warranties shall be transferable to future Owner(s) for the duration of the warranty period. F. Provide warranties and/or bonds for all products and services specified in the Drawings. F. Optional Bond(s): The Contractor shall retain the right to require Performance and/or Labor and Material Payment Bonds from any or all of his/her Subcontractors. G. Maintenance Agreements: None required. However, all Contractors and Subcontrac- tors shall be required to make service calls as requested by the Owner throughout the one-year general warranty period, at no additional expense to the Owner. END OF SECTION 01740 - 2 0237.07 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 tines 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 StructuralS1.0 DIVISION 6 WOOD AND PLASTICS Section 06100 Rough Carpentry Reference Structural 51.0. 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 Meta[) 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. Seated 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. ll Lee Martinez Farm Admin Addition City of Fort Collins, Colorado 8. BID SCHEDULE Lump Sum Dollars, ($ Amount written in words 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (250) of the total Agreement Price. RESPECTFULLY SUBMITTED: FIRM NAME Are you a ❑Corporation, ❑Partnership, ❑ DBA, ❑ LLC, or ❑PC? Signature Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone Email Date 7/96 Section 00300 Page 2 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 3 Lee Martinez Farm Admin Addition City of Fort Collins, Colorado 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 ir 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 g 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 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 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. 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 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 THE FARM AT LEE MARTINEZ PARK 2 CTL I T PROJECT NO. FC03527-125 T 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 geotechnicai engineer. Samples were selected and tested for moisture content, dry density, swelllconsolidation 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 geotechnicai 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 IF 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. SLAB -ON -GRADE FLOOR 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. FC03527.725 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 5 CTL I T PROJECT NO. FC03627-125 Ir 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 THE FARM AT LEE MARTINEZ PARK 6 CTL I T PROJECT NO. FC03527-125 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors T 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: t. Prevent surface water from flowing into footing excavations during construction. CITY OF FORT COLLINS OPERATION SERVICES ADDITION TO ADMINISTRATION BUILDING THE FARM AT LEE MARTINEZ PARK 7 CTL I T PROJECT NO. FC03627.125 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 backfili 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 THE FARM AT LEE MARTINEZ PARK 8 CTL I T PROJECT NO. FC03527-125 T 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 I 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 THE FARM AT LEE MARTINEZ PARK 9 CTL ( T PROJECT NO. FC03527-125 GATE 9 SCALE: 1"=10' SIDEWALK w TH-1 U LL O Z w 0 O O GRASSY AREA EXISTING BUILDING CONSIDERED IN THIS INVESTIGATION LEGEND TH - 1 INDICATES APPROXIMATE LOCATION O• OF EXPLORATORY BORING CITY OF FORT COLLINS OFFICE ADDITION TO BUILDING CTL I T PROJECT NO. FC-03527-125 VICINITY MAP (FORT COLLINS AREA) NO SCALE TH -2 to o n r COVERED ENTRANCE Location of Exploratory Borings FIGURE 1 100 70 LEGEND: TH-1 TH-2 B. 99 El. 98.5 11 wiF 50112 100 70 .0 El SAND, CLAYEY, LOOSE TO MEDIUM DENSE, MOIST, BROWN (SC) Fl CLAY, SANDY, STIFF, MOIST, BROWN (CL) >7 GRAVEL, SANDY, MEDIUM DENSE TO DENSE, MOIST TO VERY MOIST, BROWN (SP-GP) 0 ® CLAYSTONE, FIRM, MOIST, OLIVE (CL) (BEDROCK) CLAYSTONE, HARD, MOIST, GREY (BEDROCK) DRIVE SAMPLE. THE SYMBOL 7112 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 CTLI T PROJECT NO FC03527-125 FIGURE 2 7 6 5 4 3 2 1 0 -1 -2 -3 DUE TO 0.1 1.0 10 APPLIED PRESSURE - KSF Sample of SAND, CLAYEY (SC) SAMPLE DRY UNIT WEIGHT= From TH-2- AT 4 FEET SAMPLE MOISTURE CONTENT= PROJECT NO. FC03527-125 100 107 PCF 19.4 % Swell Consolidation Test Results FIG.3 u 0 in N N 0 O U LL O Z H U W O m a J F- U 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 KNOW ALL MEN BY THESE as Principal, and hereby held and firmly bound unto OWNER, in the sum of $ truly to be made, we hereby and assigns. jointly SECTION 00410 BID BOND PRESENTS: that we, the undersigned as Surety, are the City of Fort Collins, Colorado, as for the payment of which, well and and severally bind ourselves, successors, THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 5942 Lee Martinez Farm Addition. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 1 IN WITNESS WHEREOF, the Principal and seals this day of corporations have caused their cc presents to be signed by their forth above. PRINCIPAL Name: Address: By: Title: ATTEST: By: (SEAL) and the Surety have hereunto set their hands 20 , and such of them as are 'porate seals to be hereto affixed and these roper officers, the day and year first set By: Title: SURETY (SEAL) 7/96 Section 00410 Page 2 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: 2. Permanent main office address: 3. When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion) 7. General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? If so, where and why? AIR 10 Have your ever defaulted on a contract? If so, where and why? Are you debarred by any government agency? If yes list agency name. 7/96 Section 00420 Page 1 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: 12. List your major equipment available for this contract: 13. Experience in construction work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ 16. Bank reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? IIM 19 Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? What class, license and numbers? Do you anticipate subcontracting Work under this Contract? If yes, what percent of total contract? and to whom? 20. Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL 7/96 Section 00420 Page 2 21. What are the limits of your public liability? (provide detail) What company? 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at this day of , 20 Name of Bidder By: Title: State of_ County of being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of 20 Notary Public My commission expires 7/96 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 200 of the contract. ITEM SUBCONTRACTOR 7/96 Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: TO., 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 F 20 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 Dollars ($ ) 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 , 20 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. By: City of Fort Collins OWNER James B. O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and (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. 9/12/01 Section 00520 Page 1 1) Substantial Completion: One Hundred Dollars ($100) for each calendar day or fraction thereof that expires after the One Hundred Fifty (150) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ ), $ 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 9/12/01 Section 00520 Page 2 SECTION 00020 INVITATION TO BID Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 9/12/01 Section 00520 Page 3 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: DRAWING INDEX: Title Page With Vicinity Map DLO Demolition Plan D1.1 Demolition Photos SD1.0 Site Plan A1.0 Floor Plan ALL Ceiling Plan AL2 Roof Plan A2.0 Elevations A3.0 Building Sections A4.0 Details and Schedules S 1.0 General Notes; Sheet Index 51.1 Load Key, Typical Details 51.2 Typical Wood Details S2.0 Foundation Plan and Roof Plan S3.0 Details MI Mechanical Plan & Schedules 9/12/01 Section 00520 Page 4 El Electrical Power Plan & Details E2 Lighting Plan & Schedules 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 to , 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. 9/12/01 Section 00520 Page 5 OWNER: CITY OF FORT COLLINS By: JAMES B. 0`NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date: Attest: City Clerk Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 Approved as to Form Assistant City Attorney CONTRACTOR: By: Title: Date: (CORPORATE SEAL) Attest: Address for giving notices: LICENSE NO.: 9/12/O1 Section 00520 Page 6 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 I 1 SEPTIC KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are City of Fort Collins, 300 Laporte Ave, Fort (Municipal Corporation) hereinafter referred to sum of of the United States, for the we bind ourselves, successors these presents. held and firmly bound unto Collins, Colorado 80522 a as the "OWNER", in the penal in lawful money payment of which sum well and truly to be made, and assigns, jointly and severally, firmly by THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project,5942 Lee Martinez Farm Addition. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 20 IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) Principal (Title) (Address) Other Partners By: By: Surety By: By: (Address) NOTE: DATE OF BOND MUST NOT BE PRIOR TO THE DATE OF THE AGREEMENT. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 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 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed each one of which shall be deemed an original, this 20 . IN PRESENCE OF: Principal (Title) (Address) (Corporate Seal) IN PRESENCE OF: Other Partners IN PRESENCE OF: Surety By: By: (Surety Seal) (Address) in three (3) counterparts, day of , NOTE: DATE OF BOND MUST NOT BE PRIOR TO THE DATE OF THE AGREEMENT. If CONTRACTOR is Partnership, all partners should execute Bond. -7/96 Section 00615 Page 2 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. 7th 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. SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:5942 Lee Martinez Farm Addition PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER 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: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) 000709 PROJECT:5942 Lee Martinez Farm Addition (CONTRACTOR) 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the 7/96 Section 00650 Page 1 OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of ( 20 CONTRACTOR 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 CERTIFICATE OR 0172 r121991 s COLORADO DEPARTMENT OF REVENUE DENVERCO 90261 (303) 232-241fi CONTRACTOR APPLICATION 24 FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)P" DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part oft he structure, highway, road, street, or other public works awned and used by the exempt organization. Any unauthorized use oft he exemption certificate will result in revocation of your exemption certificate and other penalties provided by law A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to eachefthesubcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. egistrationiccoutNo, to be assigrred by OR 89 - Period 0170-750 (989) $0.00 F Id�llfl'1 ; 4 7e ;e rade nernalUBA Nmer. partner, or corporate name Mailing address(City, State,Zip) Contact erson E-Mail address ederal Employer's Identi cation Number. &d amount foryour contract ax um er Business telephone ormLer Uolorado withholding tax amount number Coili(f#.o taTrr�i4i�mthP �i n'lilig,tli# °� III Fal�t1'itirt atd12�otY1a(ri Ifr ', mpf #prmMt� (as q per# mrt#tre aiarrd eme or exempt organization shown on contract) emp organize on s number 98 - Ad ress ofexempt organization (City, State, Zip). Principal contact at exempt organization Principal contacts telephone number Physical location of prgerisite (give actual address when applicable and i ies and or County fiies) where project is located) Scheduled oNl ay y,er conSri slant date Estimated Marih us, ear mmpleion date I declare under penalty of perjury in the second degree that the statements made in this application are true and Complete to the best of my knowledge Signature of owner. partner or corporate of cer_ Tile of corporate officer e e. DO NOT WRITE BELOW THIS 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 exam 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. Copes 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 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition,), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal .property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By J4mes B. O'Neill, II, CPPO, FNIGP Di' e�tor of Risk Management & Purchasing TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number l DEFINITIONS 1 2. PRELIMINARY MATTERS 3 1.1 Addenda.... ..... ....... ........... .. ...... 1 2.1 Delivery of Bonds ... ....... ._......._.......3 1.2 Agreement....or .................................._..1 2.2 Copies of Documents..,..._....... ...... .... 3 L3 f Application Payment ....................... 1 2.3 Commencement of Contract 1.4 Asbestos ........ _------ ................ .... ....... 1 Times; Notice to Proceed„.__.-_„_ 3 1.5 Bid....................._........................._..,1 2.4 Starting the Work...........................' 1.6 Bidding Documents ............................1. 2.5-2.7 Before Starting Construction; 1.7 Bidding Requirements., ..._................1 CONTRACTORS Responsibility L8 Bonds ....... _......___....._ 1 to Report, Preliminary Schedtles; 1.9 Change Order ... .............. .... .. ........ ._1 Delivery of Certificates of 1.10 Contract Documents I Insurance 3-4 I'll Contract Price 1 2.8 Preconstruction Conference 4 1,12 Contract Times ......... .......... .................1 2.9 Initially Acceptable Schedules, 1,13 CONTRACTOR.................................. 1 1.14 defective............................................1 3 CONTRACTDOCUMENTS: INTENT, 1.15 Drawings ........................... .................1 AMENDING, REUSE ........... .......... ...._........... .A 1,16 Effective Date of the Agreement ....... ..... 3 1-3.2 Intent ..............................._.....,,,... 4 1.17 ENGINEER ........ ..... 1 3.3 Reference to Standards and Speci- 1.18 ENGINEERsConsultant ......................1 fications of Technical Societies; 1.19 Field Order ....... ...... ...... ............I....... Reporting and Resolving Dis- 1.20 General Requirements, ...,, _ ......2 crepancies,......... 4-5 1.21 Hazardous Waste............................... .. 2 3.4 Intent of Certain Terms or 1.22.a Laws and Regulations; Laws or Adjectives ........... _........................5 Regulations.._..............._................2 3.5 Amending Contract Docunents......... 5 1,22.b Legal Holidays ......... .............. 2 3.6 Supplementing Contract 1.23 Liens 2 Documents 5 124 Milestone 2 3.7 Reuse of Documents 5 1.25 Notice of Award 2 1,26 Notice to Proceed.................................2 4. AVAILABILITY OF LANDS; 127 OWNER ........................... „-.......,.,_..2 SUBSURFACE AND PHYSICAL CONDITIONS; 1.28 Partial Utilization 2 REFERENCE POINTS 5 1.29 PCBs 4A Availability of Lands 1.30 .....................................__......? Petroleum ............ ................ __......_...2 42 ............._....5-6 Subsurface and physical 1.31 Project_..............................._.............2 Conditions ................ ....................6 1.32.a Radioactive Material .... .... .............. ......^ 4.11 Reports and Drawings..._....,,,.....,,,...6 1.32.b Regular Working Hours _. 2 4.2.2 Limited Reliance by CONTRAC- 1.33 Resident Project Representative...,,.......2 TOR Authorized. Technical 1,34 Samples... ........... ........................._...2 Data_.........._...............................6 1 35 Shop Drawings• ...... .... ..........._...... _2 4.2..3 Notice of Differing Subsurface 1.36 Specifications .......... .............2 or Physical Conditions. ... ... 1.37 Subcontractor 2 4.2.4 ENGINEER•s Review 6 1,38 Substantial Completion ........ ...............2 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, ........... Adjustments.,,_ ............... 6-7 1A2 Unit Price Work ........... ................ ....... .3 4.3 Physical Conditions --Underground 1.43 Work 3 Facilities 7 IA4 Work Change Directive ...... 3 4.3.1 Shown or Indicated,. .,7 L45 Written Amendment 3 4.3.2 Not Shown or Indicated 7 4.4 Reference Points 7 ii E]CDC GENERAL CONDITIONS 19t0-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS IRE 9/997 Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, 6.25 Submittal Proccedures, CON - Hazardous Waste or TRACTOR s Review Prior Radioactive Material..,,_ ...... I ........ -8 to Shop Drawing or Sample Submittal .................................... 16 5. BONDS AND INSURANCE ._„........ 8 6,26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER..,,,.16-17 Bonds_ ......................_..,,,_._.,,_....,,.. 8 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers, From Contract Doctunents..._,,.,.._17 Certificates of Insurance 8 6.28 Related Work Performed Prior 5.4 CONTRACTOR's Liability to ENGINEER's Review and Insurance...................................._...,9 Approval of Required 5.5 OWNEWSLiability Insurance ... ,.,._..,,.9 Submittals... 5.6 Property Insurance, ...... ,................. ,9-10 6,29 ...........17 Continuing the Work .......„ _ 5.7 Boiler and Machinery or Addi- 6,30 CONfRACTOR's General tional Property Insurance..................10 Warranty and Guarantee,.,..,_....,.J7 5.8 Notice of Cancellation Provision 10 6.31-6.33 Indemnification 17-18 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations.._...............18 for Deductible Amounts .................... 10 5.10 Other Special Insurance..,,.,_..._.._„_.,.10 7, OTHER WORK_...._,,.__..............._,„.,..,......„...18 5,11 Waiver of Rights ...... ....... ._.,,....,_....... 11 7.1-7.3 Related Work at Site ............. ,.......... 18 5.12-5.13 Receipt and Application of 7A Coordination.....,_ ........ is Insurance Proceeds ...................... 10-11 5.14 Acceptance of Bonds andlnsu- 8. OWNER'S RESPONSIBILITIES _,..._,,.._.,...._18 ance; Option to Replace..... ..... .... .. I 1 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR...._,.... 18 Insurance ................ I ....... I'll ....... .... I1 9.2 Replacement of ENGINEER J8 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES 11 When Due 18 6.1-6.2 Supervision and Superintendence...,,,. 11 8A Lands and Easements; Reports 6.3-6.5 Labor, Materials and Equipment_..11-12 and Tests...............................18-19 6.6 Progress Schedule_....__..... _...............12 8.5 Insurance........._,.... 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 Evaluation 12-13 Terminate CONTRACTOR's 6.8-6.11 Concerning Subcontractors, Services,._...,_....................„,_....,19 Suppliers and Others; 8.9 Limitations on OWNER'S Waiver of Rights ........................13-14 Responsibilities ..._.........,,.,,_..._ ... 19 6,12 Patent Fees and Royalties...._..............14 8.10 Asbestos, PCBs, Petroleum, 6.13 Permits..,,_..................................__14 Hazardous Waste or 6.14 Laws and Regulations ... ........ ............. 4 Radioactive Material..,.....,....,,..,_,19 6,15 Taxes..........................„._..„.......14-15 8.11 Evidence ofFinancal 6,16 Use of Premises ........ ..................... 15 Arrangements ...... ..._,J9 6,17 Site Cleanliness ................................. 15 6,18 Safe Structural Loading.....................15 9. ENGfNEER'S STATUS DURING 6.19 Record Documents ........... .......... .... ..15 CONSTRUCTION_......__............_......_......_..19 620 Safety and Protection .................... 15-16 9.1 OWNER's Representative,_,..._.,...,,, 19 6.21 Safety Representative_.... ,._I...__16 9.2 Visits to Site. 622 Hazard Communication Programs_, .._ 16 9.3 Project Representative._....,,_. ,._ 19-21 6.23 Emergencies..,_ ............................. 16 94 Clarifications and Interpre- 624 Shop Drawings and Samples ..... 16 tations ......_,....21 ............................ . 95 Authorized Variations in lhbrk 21 E1CDC GENERAL CONDITIONS I910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICA11 ONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Num her 9.6 Rejecting Defective Work...................21 13.8-13.9 Uncovering Work atENGl- 9.7-99 Shop Drawings, Change Orders NEERsRequest ... ........ ....... ...27-28 and Payments,..,,_,_.,.....,,_...............21 13.10 OWNER May Stop the Work ..... ._.28 9.10 Determinations for Unit Prices 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work ............. ....... ....... 28 NEERasInitial Interpreter .......... .... 22 13.12 Correction Period,_....,...._,... _.......28 9.13 Limitations on ENGINEER'S 13.13 Acceptance of Defective Work....,....28 Authority and Responsibilities..,. 22-23 13.14 OWNER May Correct Defective Work ............................ _..... 28-29 CHANGES IN THE WORK 13 10.1 OWNER's Ordered Change ................ 23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment .................. ..... 23 COMPLETION ................. 29 10.3 Work Not Required by Contract 14.1 Schedule of Values,....., _...,._...,.._..29 Documents .................. I...,_,. ........... 3 14.2 Application for Progress 10.4 Change Orders- Payment .......... ,....._...........-......29 10.5 Notification of Surety ......................_23 14.3 CONTRACTOWs Warranty of Title _............................__.. -..... 29 CIIANGE OF CONTRACT PRICE .............................23 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments ......... ........ 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion ................ 30 the Work. ....... ............... ........ ,23-24 14.10 Partial Utilization „__._,....,,,....,.30-31 11.4 Cost of the Work, ...... .,.,.._...I._..,.24-25 14.11 Final Inspection. ...... _...... _........ ,31 11.5 Exclusions to Cost of the Work.. ....25 14.12 Final Application for Payment_.._. ,31 11.6 CONTRACTOR's Fee__,___ 25 14,13-14.14 Final Payment and Acceptance ,.,..,31 11.7 Cost Records _ ..., ..._ 25-26 14,15 Waiver of Claims..... 11.8 Cash Allowances ................................ 26 11.9 Unit Price Work ............................... .. 26 15, SUSPENSION OF WORK AND TERMINATION ............................................... 32 CHANGE, OF CONTRACT TIMES ...........................26 15.1. OWNER May Suspend Work.......... 32 12.1 Claim for Adjustment .................. .....26 15.2-15A OWNER May Terminate..._..,....,_.. 32 122 Time of the Essence..,_.._...................26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate_,,,,,,,,,,,,,,, 32-33 Control ....................................... 26-27 12.4 Delays Beyond OWNER's and 16. DISPUTE RESOLUTION, 33 CONTRACTOR's Control ................. 27 17. MISCELLANEOUS ........................................... 33 TESTS AND INSPECTIONS, CORRECTION, 17.1 Giving Notice .................... _...... _ 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times ........... .. ...... 33 DEFEC77TEWORK.,................. ......__....................27 17.3 Notice of Claim ....... ...... ................ 33 13.1 Notice of Defects..............................27 17.4 Cumulative Remedies, ...._,..,.,,...,. 33 132 Access to the Work-, ........ .......27 17.5 Professional Fees and Court 13.3 Tests and Inspections; Costs Included ....... 33 CONTRACTOR's Cooperation.,_.....27 IT6 Applicable State Laws..,..... 33-34 13.4 OWNER'sResponsibilities, Intentionally left blank---.... Independent Testing LaboratorY_.....27 13,5 CONTRACTOR's EXHIBIT GC -A: (Optional) Responsibilities ........ ...... ....... ....... 27 Dispute Resolution Agreement_. ..GC -Al 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration GC-Al tion, Testing or Approval. ..... 27 16.7 Mediation......_.... ,.._,...GC -Al Iv EJCDC GENERAL CONDITIONS 1910-9 (1990 EDITION) w! CITY OF FORT COLLINS MODIFICATIONS (REV 9199) INDEX TO GENERAL CONDPrioNS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance ...................... .................. 5.14 defective Work ..._.... .....10 4 1, 13.5, 13.13 final payment .......................... ........ .,,.9.12, 14.15 insurance ........................................................... 5.14 other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Items ...... ......__,6.7.1 Work by OWNER__ ...... ... -- 2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities.............................................4.1 site, related Work_ ...... ........................... ............ T2 Work, .... .......... _......... ......_.I ... ..13,2, 13.14, 14 9 Acts or Omissions--, Acts and Omissions-- CONTRACTOR...................................6.9.1, 9.13.3 ENGINEER .......................................... 6.20, 9.13.3 OWNER ......... .................. ................ ........ .20, 8.9 Addenda --definition of (also see definition of Specifications)..... _(1.6, 1.10, 6.19), 1.1 Additional Property Insurances....._,,,,__ ................_„ 5.7 Adjustments -- Contract Price or Contract Times..... _...... .............. 1.5, 3.5, 4.1, 4.3.2, 4.5.2, ....I .................. I ... .53, 9.4, 9.5, 10.2-10-4, .._...................__._......,.._11, 11 14.8, 15.1 progress schedule.... . ....... ....... 11 ...... .......6.6 Agreement— definition of......................_...............................1.2 "All -Risk" Insurance, policy form ..... ........ ........ ..... 5.6.2 Allowances, Cash_ _........... II.8 Amending Contract Documents,__..,,....,, .......... ___ 3.5 Amendment, Written -- in general ................ J.IO, 1.45, 3.5, 5.10, 5.12, 6.6.2 6.82. 6.19, 10.1, 10.4, 112 12.1, 1312.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to .. .................. .....9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment -- definition of....._................................._........__1.3 ENGINEERS Responsibility._ ........................... 9.9 final payment...........,_... 9A 3.4, 9.13.5, 14.12-14.15 in general...... _.................. .'.'_ 8, 2.9, 5.6.4, 9,10, 15.5 progress payment, ... _._..... .......... I ... 4.1-14.7 review of.. I ........ .......... 144-14.7 Arbitration ...................................................... 16.1-16.6 Asbestos -- claims pursuant thereto ........ ......._,,..4.5.2, 4.5.3 CONTRACTOR authorized to stop Work „..... .4.5.2 definition of.......................................................1.4 Article or Paragraph Number OWNER responsibility for... . ........_ ............ .5.1, 8.10 possible price and times change . .......................4.5.2 Authorized Variations in Work.....,,_ 3.6, 6,25, 6.27, 9.5 Availability of Lands ...................... „4.1, 8.4 Award, Notice of --defined ___... ._............_1'?5 Before Starting Construction,....... _,....__,...,,_.2.5 2.8 Bid —definition oi..,....___..,.,.__. ] 5 (1.1, 1.10, 2.3, 3.3, ...... ...... .._..... .4.26.4,6,13. 11.4.3, 11.9.1) Bidding Documents --definition of ..... ..............:... ...._._.J.6(6.&2) Bidding Requirements --definition of..................._._........._...._.1.7(1.1,4.2.6.2) Bonds -- acceptanceof ... ....... ...... ........ ................. ..........5-14 additional bonds ............................. I .... 10.5, 11.4.5.9 Cost of the Work_........................................11. SA definition of 1.8 delivery of 5.1 final Application for Payment...., general ..................................... 1.10, 5.1-5.3, 5.13, _......_.........._..9.13, 10.5, 14.7.E Performance, Payment and Other .... ............ ...5.1-5.2 Bonds and Insurance --in general .............. ...... ....... _.,.5 Builder's risk "all-risk" policy form ................. 5.6.2 Cancellation Provisions, Insurance.,.„... 5.4.11, 5.8, 5.15 Cash Allowances ..................................................... 11.8 Certificate of Substantial Completion, ........ 1.38, 6.30.2.3, ..-......... _..._14.8, 14.10 Certificates of Inspection, ......... .......9.13.4, 115, 14.12 Certificates of Insurance.............2.7, 5.3, 5,4.11, 5.4,13, _.........._5.6.5, 5.8, 5.14, 9.13A, 1412 Change in Contract Price -- Cash Allowances_...... _.............................. _..11.8 claim for price adjustment..___... 4.1, 4.2.6, 4.5, 5A5, 6.8.2, 9.4 ...... 95, 9,1 I, 10,1 110, 11.2, 139, _....__.-1313, 1314, 147, 15.1, 15,5 CONTRACTOR's Pee 1 L6 Cost of the Work general ................................... .......11.4-11. 7 Exclusions to,...,., _........... ..................... _ 11.5 Cost Records ...................................................... ].1.7 in general_, ... ....... .19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing ..... ........ 11.32 Notification of Surety.. _ Jos Scope of, -. __. ._ __.. _ 10.3-10.4 Testing and Inspection, Uncovering the Work ...... ............................ 13.9 EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION, w/ CITY OF FORT COLLINS MODIFICA'n ONS (REV 9/99) Unit Price Work, .... .......... 11.9 Article or Paragraph Number Value of Work_........... _ ............ ..................... 113 Change in Contract Times -- Claim for times adjustment ....... 4.1, 4.2.6, 4.5, 5,15, .... 68.2, 9.4, 9.5, 9.11, 10.2, 105, 12.1, 1_113.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits ....... ............... ............ 112 Delays beyond CONTRACTOR control--... .123 Delays beyond OWNFR's and CONTRACTORs control .... J.14 Notification of surety ......... ........ I .... 10.5 Scope of change... .................... ....... 10 3-11), 4 Change Orders -- Acceptance ofDefective Work ... ...... ............. 13,13 Amending Contract Documents ............ ......... .... 3.5 Cash Allowances 11.8 Change of Contract Price ........... ...... .......... J I Change of Contract Times 12 Changes in the Work... ........... 0 CONTRACTORS fee ...... I ....... ......... .... 11.6 Cost of the Work.., .... 1. 4-11.7 Cost Records ...... . ... ...... ...... ...... 11.7 definition of emergencies .............................. ............ ... 6. 23 ENGTNFERs responsibility.,,..., 9.8, 10.4, 11.2, 12.1 execution of.. I ..... ... ... I I . ...... ............. I ....... JuA Indemnifictiotl, ............. ...... 12, 6.16, & 31-6.33 Insurance, Bonds and .......... OWNER mayterminate. . nate. , I ..... I ...... OWNER's Responsibility .. ........... ....... 8.6, 10.4 Physical Conditions -- Subsurface and 4.2 Underground Faciiities--_ ...... . .1.43.2 Record Docum ents 6119 Scope of Change ........... .............. ......... 10.3-10.4 Substitutes._...._ ... ................. ........... 6.7.3, 6.8,2 Unit Price Work.. ........ .111 ... 11.9 value of Work, covered by., ................... .... ... 1 L3 Changes in the Work ........ _ ...... ......... . .... .. 10 Notification of surety ............. ...... MWER'sarid CONTRACTORs responsibilities ........ ...... ....... _ ....... ....... 10.4 Right to an adjustment ....... ........... ... 10-1 Scope of change, ...... .......... 10.3-10,4 Claims -- against CONTRACTOR 6.16 against ENGINEER 6,32 against OWNER ... I ................. .... 6 32 Change of Contract Price_ .... ............. 94, 11.2 Change of Contract Times 12.1 CONTRACTOR's, ..... .... 4,TL 9 4, 95 9.11, 102, 11.2, 11,9, 111, 13 9,14,8, V1 15. 1, 15 5, 17.3 CONTRACTORs Fee 11.6 Article or Paragraph Number CONTRACTOR!s liability ........... 5.4, 6.12, 6.16, 6.31 Cost of the Work 11.4,11,5 Decisions on Disputes ...............................9.11,9.12 Dispute Resolution 16.1 Dispute Resolution Agreement ................... J 6.1-16.6 ENGINEER as initial interpretor ............... ....... 21, Lump Sum Pricing .........................................11.3.2 Notice of .. . .... ... ......... _ .... _ ... ... - .......... 1.7.3 oWNFRIs... . ... .......... . 9,4,9.5,9.11, 10.2, 11.2, 11.9 .... ..... 12.1, 13.9, 13.13, 13.14, 17.3 OW11M.R's liability ... .... .................. ................ 5.5 OWNER may refuse to make payment, ............... 14,7 Professional Fees and Court Costs Included 1 7.5 request for formal decision on .............„_........._„9.11 Substitute Items 6.7,1.2 T im e Extension .... ... ........ ............ 12.1 'rime requirements ..................................9.11, 12.1 Unit Price Work 11.9.3 Value of. ......... 11.3 Waiver of --on Final Payment ....... .14,14, 14.15 Work Change Directive_-.._.,.._._....._ .........10.2 written notice required..,..___....,__,... 9.11, 11.2, 12.1 Clarifications and Interpretations.,,,,_.,,,. 3.6.3, 9.4, 9.11 Clean Site 6.17 Codes of Technical Society, Organization or Association ......... 33.3 Commencement of Contract Times,_ ..... ...... ...........2.3 Communications -- general ............. ...................... ..... 6.2, 6.9.2, 8.1 Hazard Communication Programs. ............... . 6.22 Completion_ Final Application for Payment .... ...... ........ _1 4.12 Final Inspection 14,11 Final Payment and Acceptance ................ 14.13-14.14 Partial Utilization *._.*._1.38, Substantial Completion..*, ........... 14.8-14.9 Waiver of Claims 14. IS Computation of Times,,....,_,.,,..., .......... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others 6.8-6.11 Conferences -- initially acceptable schedules...-- ...... _.2.9 preconstruction. ......... Conflict. Error, Ambiguity, Discrepancy_ CONTRACTOR to Report . ... ........ ... ...... 21.5, 13.2 Construction, before starting by CONTRACTOR 2.5-2.7 Construction Machinery, Equipment, etc, ............... ., 6.4 Continuing the Work_,__......._..._. ....... _629, 10A Contract Documents -- Am ending .................. .......... ...... 3, .5 Bonds 5.1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w! CITY OF FORT COLLINS MODIFICATIONS (REV 9/991 Cash Allowances 1 ].8 ............................................... Article or Paragraph Number Change of Contract Price.,..._,,...__..,_ .............._ 11 Change of Contract Times. ....... 12 Changes in the Work..,.....,,..„..................10A-10.5 check and verify ................................................ 2.5 Clarifications and Interpretations_ _.................... 3.2, 3.6, 9.4, 9.11 definition of 1 10 ENGINEER as initial interpreter of ................ 9.11 ENGINEER as OWNER's representative..............9.1 general3 Insurance.... _..... _......_................................ _....5.3 Intent3.1-3.4 _._ ...................._.,................._....... minor variations in the Work ................................ 3.6 OWNER'S responsibility to furnish data,,,._,___,__.8.3 OWNER's responsibility to make prompt paym ent .........................8.3, 14.4, 14.13 precedence...,,. ......... ....3.1, 3.3.3 Record Documents ............................................. 6.19 Reference to Standards and Specifications of Technical Societies...................................3.3 Related Work _..._......... ._....-.....72 Reporting and Resolving Discrepancies ....... 2.5, 3.3 Reuse of, ......-.3.7 Supplem enting ._............................................... 3.6 Termination of ENGINEER's Employment...,,,.... 8.2 Unit Price Work................................................. 11.9 variations .............. _.....3 ......................6, 6-23, 627 Visits to Site, ENGINEER's.................._...._..... 9.2 Contract Price -- adjustment of ................ 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof.._, ._....._ ......................... ............. ...,11 Decision on Disputes........................................9 11 definition of 1.11 Contract Times -- adjustment of ... I ..... .5, 4.1, 9.4, 10.3, 12 Change of, ... ............ ......... .......... .,._...12.1-12A Commencement of .......................................__.. 2.3 definition of ,,. ....__... ...-_...._....... ...1 12 CONTRACTOR -- Acceptance of Insurance ................... ...... ,........ 5. 14 Communications.,,,..., ................ — ..... ... 6.2, 6.9.2 Continue Work.........._..........._............._6.29, 10.4 coordination and scheduling .... _,_...,..... _.... ...... 6,9.2 definition of, .... ..........................._....,.........._.1.13 Limited Reliance on Technical Data Authorized .......................................... 4.2.2 May Stop Work or Terminate.. . ... ...... ... 35.5 provide site access to others ....................... 7.2, 13.2 Safety and Protection ....... .......... 4.3 1 2, 6.16, 6.18, .._....-. ....... ........6.21-6.23, 72, 132 Shop Drawing and Sample Review Prior to Submittal ......................................... 6.25 Stop Work requirem en[g..,.,, _....., .. _.......... CONTRACTORS — Article or Paragraph Number Compensation .... .......... ............. _..............11.1-11.2 Continuing Obligation_. ................. .................14.15 Defective Work .... _9.6, 13.10-13,14 Duty to correct defective Work. ............. _...........13.11 Duty to Report -- Changes in the Work caused by Emergency . ............... _.................... _... 6.23 Defects in Work of Others— I .......................7.3 Differing conditions ................................... 4.2.1 Discrepancy in Documents........ 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated,_...,_. 4.32 Emergencies ..............................._... ......... ....... 6, 23 Equipment and Machinery Rental, Cost of the Work, ...... ........... * * 11.4.5.1 Fee --Cost Plus..........................,1.1, 11.6 General Warranty and Guarantee.. ...............6.30 Hazard Communication Programs.... ..... ...... ..... 6.212 Indemnification, ......... ...... 6,12, 6.16, 6.31-6.33 Inspection of the Work ............................... 7.3, 13.4 Labor, Materials and Equipment . ... .6.3-6.5 Laws and Regulations, Compliance by.,.. _.... _. _6.14.1 Liability Inssurance_....... ........5.4 Notice of Intent to Appeal .........................9. I Q 10.4 obligation to perform and complete theWork...................._..............................6.30 Patent Fees and Royalties, paid for by................6.12 Performance and Other Bonds ............................... 5,1 Permits, obtained and paid for by __........... ....... 6.13 Progress Schedule_...._.................._2.6, 2.8, 2.9, 6.6, _..._.....6.29, 10.4, 15.2.1 Request for formal decisionon disputes..............9.11 Responsibilities -- Changes in the Work._......„..,,.._.,..._,....,...10.1 Concerning Subcontractors, Suppliers and Others...................„...„.._„...„..6.8-6.11 Continuing the Work..__ .......... ...........6.29, 10.4 CONTRACTOR's expense, _. . _ _ _ _. 6.7.1 CONTRACTOR's General Warranty and Guarantee_.. _._............._....,,._.,... 6.30 CONTRACTOR s review prior to Shop Drawing or Sample submittal.................6.25 Coordination of Work._ ..... - ........ ............... 6.92 Emergencies., _........ 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" 11.ems._ ..........................6.7.3 For Acts and Omissions of Others._....,.,...,.„...,,...-„6.9.1-69.? 9.13 for deductible amounts,insurance.,.... ...,.._.._..5.9 general ... ....... .................6, 7.2, ........ T3- 8.9 Hazardous Communication Programs, . . „ _ . _ 622 Indemnification ................................... 6, 31-6.33 %11 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) W CITY OF FORT COLLINS MODIFICATIONS (REV 9l99) Labor, Materials and Equipment,_,,._,.,_..6.3-6.5 CONTRACTORS --other ........................... _...,,.,..,_..,7 Laws and Regulations . ............ _.6.14 Contractual Liability Insurance... .................. 5.4.10 Liability Insurance....._........................._......5.4 Contractual Time Limits..,, ............. .......... ........ ..... 12.2 Article or Paragraph Article or Paragraph Num ber Num her Notice of variation from Contract Documents ........................................... 6.27 Patent Fees and Royalties.............................6.12 Perm its ........................................................ 6.13 Progress Schedule.................._...,,...,,,_...,,....6.6 Record Documents, ...... ....... _ ...6.19 related Work performed prior to FNGINEER's approval of required submittals ................ _... -.. _............... _... 6.28 safe structural loading ........... ...................... 6,18 Safety and Protection ., .... 6.20, 7.2, 13.2 Safety Representative ........ . .............16.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples 6.24 Shop Drawings and Samples Review by FNGINF.FR .. 6.26 Site Cleanliness ........................................... 6.17 Submittal Procedures ................................... 6.25 Substitute Construction Methods and Procedures 6,T2 Substitutes and "Or -Equal" Items_...._....._..6.7.1 Superintendence,,,. .6.2 Supervision........ _ ................................ _.......6.1 Survival of Obligations................................6.34 Taxes.............. _...... __............................... 6.15 Tests and Inspections..,,_.............................13.5 To Report..._....._... ....... ....._ .. _..2.5 Use of Premises _.....,,_...,.6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ................. ......................6.25 Right to adjustment for changes in the Work ,....10.2 right to claim,..,.,...... 4, 7.1, 9A, 9.5, 9.11, 10.2,11.2, ......... _11.9,121,139,14.8,15.1,15.5,17.3 Safety and Protection..- .... I ... ....... .20-6.22, 7.2, 13.2 Safety Representative ............................. .........6.21 Shop Drawings and Samples Submittals .... 6.24-6,28 Special Consultants...._..__.... _..............„,,,....11.4.4 Substitute Construction Methods and Procedures 6.7 Substitutes and "Or -Equal" Items, Expense. ...... ................... ..............6.7.1, 6.7.2 Subcontractors, Suppliers and Others. Supervision and Superintendence ....... ..6.1, 62, 621 Taxes, Payment by_ .... ........ .. ............ ...... 6.15 Use of Prem ises 6.16-6.18 Warranties and guarantees, ..... .... ..... ..6.5, 6.30 Warranty of Title . .,. 14.3 Written Notice Required -- CONTRACTOR stop Work or terminate.... Reports of Differing Subsurface and Physical Conditions ....... ..._..... ....... .21 Substantial Completion..,....._.................._.14.8 viii Coordination— CONTRACTORs responsibility..... .. ...... ...... Copies of Documents.,.., , .._., .......... 2.2 Correction Period ................................................... 13.12 Correction, Removal or Acceptance of Defective Work-- ingeneral ..... ............................10.4.1, 13.10-13.14 Acceptance ofDefeefive Work ..........................13.13 Correction or Removal of Defective Work.................................6.30, 13.11 Correction Period, ..,,_. ........... .........13.12 OWNER May Correct Defective Work. _ ............. 3.14 OWNER May Stop Work ........ ..................... ...13,10 Cost -- of Tests and Inspections, ... .... .......... J3.4 Recordsl 1.7 Cost of the Work -- Bonds and insurance, additional ................... 11.4.5.9 Cash Discounts 11.4.2 CONTRACTORSFee 11.6 Employee Expenses_... ....._,... _,..._11.4.5.1 Exclusions to,,.... 1.1.5 GeneraI11.4-11.5 Home office and overhead expenses.,,_ .............. 11.5 Losses and dam ages ........... . . ...... .. _............. 11.4.5.6 Materials and equipment ...... ......._,....,,,....,..... 11.4.2 Minor expenses,,.,, ._..,__.. .. ..._11.4.5.8 Payroll costs on changes,.... _.... _. _................._ 11.4.1 performed by Subcontractors .... ......:................1.1.4.3 Records 11.7 Rentals of construction equipment and machinery......................................11.4.5.3 Royalty payments, permits and license fees, ................. ................ 11,4.5.5 Site office and temporary facilities................11.4.5.2 Special Consultants, CONTRACTORs......... ..11.4A Supplemental ....................... .......... .._........... 11.4.5 Taxes related to the Work ........................... .... 1 to 5A Tests and Inspection,._..__.. _.................._...,..,,., 13A Trade Discounts ............................................... 11.4.2 Utilities, fuel and sanitary facilities... ..... ..... 11.4.5.7 Work after regular hours, ..... ....... ..... ..... 11.4.1 Covering Work ......................... ...... _.......... ...13.6-13.7 Cumulative Remedies ...................................... 17A-17.5 Cutting, fitting and patching .... __.,__..._ 7.2 Data, to be furnished by OWNER , ..,_..._.. ... ......8.3 Day --definition of., .......... ._..17.2.2 Decisions on Disputes ............... _,....._.........._ 9.11, 9.12 defeetive--definition of..., ...................... __...__.....1 14 defective Work-- Acceptanceof....... __............. ............. IQ4.1, 1313 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Correction or Removal of.,,.._.,.._...._....10.4.1, 1111 Correction Period 13.12 ............................................. in general._......................................13, 14.7, 14.11 Article or Paragraph Num ber Observation by ENGINEER .............. I.............. -, 9.2 OWNER May Stop Work_ . ..... ....... ....... I .... I .... 13.10 Prompt Notice of Defects..................................13.1 Rejecting.............................................. _...........9.6 Uncovering the Work.,__ .......................... 13.8 Definitions I Delays ... ................... ....... ........ 4.1, 6,29, 12.3-12.4 Delivery of Bonds .................................................... 2.1 Delivery of certificates of insurance. Determinations for Unit Prices...___..,.._..,.._.............9.10 Differing Subsurface or Physical Conditions— Noticeof., .................._..................................42.3 ENGINEER's Review 4.2.4 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments .. .. . . .. . .. ...4.2.6 Discrepancies -Reporting and Resolving ..... ....... ................... 2.5, 3.3.2, 6.14.2 Dispute Resolution -- Agreement....... _.... ....._...._...._.... _... 16.1-16.6 Arbitration 16.1-16.5 genera116 Mediation.................... _....... _,........................16.6 Dispute Resolution Agreement ... ......................16.1-16.6 Disputes, Decisions by ENGINEER .................. ............... Documents -- Copiesof.- 7-1.2 .... ........................ ........................... Record 6.19 Reuseof ................._....._............._. _................3.7 Drawings --definition of ..... ............... ......................1,15 Easements ............................................................. 4.1 Effective date of Agreement -- definition of., .... ....... L16 Emergencies ....................................... _, _............. _6.23 ENGINEER -- as initialinterpreter on disputes .... .. . .. .. . ... 9.11-9,12 definition of ...... ....... ....... _,......_............_....... 1.17 Limitations on authority and responsibilities.:_.. 9.13 Replacement of_ ., . ... ..... 82 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition of ..................... 1-18 ENGINEER's-- authority and responsibility, limitations on..., __, 9,13 Authorized Variations in the Work, ..........95 Change Orders, responsibility for. ....... 9.7, 10, 11, 12 Clarifications and Interpretations ...............3.6.3, 9.4 Decisions on Disputes.,_. ...,__ ..__9.11-9.12 defective Work, notice of..._.._,._...,_ ..,_,..._.__13.1 Evaluation of Substitute Items .... __....._......... ,_.6.7.3 Liability. ...... ...... _...... ........ 6.32, 9.12 Notice Work is Acceptable . ................._.....14.13 Observations.,.. ..... ...... .,. 6.302, 9.2 OWNER's Representative...... _ _ .. _................... ..9.1 Payments to the CONTRACTOR, Responsibility for, ... ,,... I..........................99, 14 Recommendation of Payment ....................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on.................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ...... _....................... 4.2.4 Shop Drawings and Samples, review responsibility. . ... ..... .... .6.26 Status During Cmstruction-- authorized variations in the Work..................9.5 Clarifications and Interpretations ......... ....-9.4 Decisions on Disputes. 9.11-9.12 Determinations on Unit Price ...... .............. 9,10 ENGINEER as Initial Interpreter, .......... 9.11-9,1^_ ENGINEER's Responsibilities_ _, . _ . _ _ „.. _ _, 9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities,_... ,.._................._9.13 OWNER's Representative ........... ...............9.1 Project Representative ....... ..... ._...,_.,.,.,_........ 9.3 Rejecting Defective Work. .................. .......... 9.6 Shop Drawings, Change Orders . and Payments ... ..... _...... _... ........9.7-9.9 Visits to Site .... .... ......... _..._-......_...._..9.2 Unit Price determinations....................._.,,....._,.9.10 Visits to Site. ..,,.... 9.2 Written consent required ....... ................ _...... .2, 9.1 Equipment, Labor, Materials and .......... ............... .3-6.5 Equipment rental, Cost of the Work .................. 11.4.5.3 Equivalent Materials and Equipment ...... .................6.7 error or omissions6 .................................................... 33 Evidence of Financial Arrangements .......................8.11 Explorations of physical conditions ............ ...........4.2.1 Fee, CONTRACTOR's--Costs Plus, ... -.... ...............11.6 Field Order— definition of 1.19 issued by ENGINEER...... _..................... 3.6.1, 9,5 Final Application for Payment.. ...... .......... 14.12 Final Inspection...._._..... _..__._ .............14AI Final Payment -- and Acceptance...................................14.13-14.14 Prior to, for cash allowlnces_ ................ ......__.... 11.8 General Provisions 17.3-17.4 General Requirements -- definition of....................._..............................1.20 principal references to ............. 2.6. 6.4, 6.6-6.7, 6.24 Giving Notice .............. ......17.1 Guarantee of Work --by CONTRACTOR ..... 6.30, 14.12 Hazard Communication Programs__ ..................... 6.22 Hazardous Waste -- definition of._., .....................1.21 general ........................ 4.5 OWNER's responsibility for _.... ... _................8.10 ix MCDC GENERAL CONDITIONS 1910-8(1990 EDITION) W CITY OF FORTCOLLINS MODIFICATIONS (REV 9/99) Indemnification, ...... .. ............ . .... ti. 12, 6.16, 6.31-6.33 Initially Acceptable Schedules .............. ..... _....,,....2 9 Inspection— Certificates of .................... ......-.9.13.4, 13.5, 14.12 Final ........................................................... 1.. 4.11 Article or Paragraph Number Special, required by ENGINEER ........................ 9.6 Tests and Approval_.., ....,,,8 _ .7, 13.3-13.4 Insurance— Acceptance of, by OWNER . ..... ..... .............5.14 Additional, required by changes in the Work ............................................ 11A5.9 Before starting the Work_._..,_.._.._..................._2.7 Bonds and --in general.......... _..................._.........5 Cancellation Provisions ............. 5.8 Certificates of .......... ._,...._2.7, 5, 5.3, 5.4,11, 5A.13, .... I. .... I ...... 5.6.5, 5.8, 5,14, 9.13.4, 14.12 completed operations..,.. _ ......................... I., ... 5.4.13 CONTRACTOR'S Liability_...............................5.4 CONTRACTOR'S objection to coverage ............. 5.14 Contractual Liability. I ...... I ........ I . - 5.4.10 deductible amounts, CONTRACTOR'S responsibility... ....... ..... ...... -_._ _... ....... 5.9 Final Applicalion for Payment ..... ..... 14.12 Licensed Insurers ..... _.... .. _5.3 Notice requirements, material changes ........ 5.9, 10.5 Option to Replace ........................................... 5.14 other special insurances ................................... 5.10 OWNER as fiduciary for insureds. .,,..5.12-5.13 OWNF,R's Li ability ............. ............... I ...... I..............5.5 OWNER's Responsibility .. ...... ..........._.....,_._....,,8.5 Partial Utilization, Property Insurance...............5.15 Property._........... ..... ....... ........ .. ....... Receipt and Application of Insurance Proceeds 5.12-5.13 Special Insurance.............................................5.10 Waiver of Rights ....... ..... .... _ ...........................5.11 Intent of Contract Documents., _....................__„ 3.1-3.4 Interpretations and Clarifications ....,_...... _....,,.;i.6.3, 9.4 Investigations of physical conditions ..... ...... _.,...... 4.2 Labor, Materials and Equipment._...__ ...6.3-6.5 Lands -- and Easements_.........._....._................_............$-4 Availability of.. ........ . 4.1, 8.4 Reports and Tests ............................................. _ 8.4 Laws and Regulations --Laws or Regulations -- Bonds......_........_......._..........._.............5.1-5.2 Changes in the Work..................__..._._......,10A Contract Documents._....-.-_...._,,.,..__,.__.__...._3.1 CONTRACTOR's Responsibilities ....................6.14 Correction Period,de(fmive Work. Cost of the Work, taxe.... .............. 11.4.5.4 definition of L22 general6.14 Indemnification 6.31-6.33 Insurance................. _....................... _..............5.3 Precedence .... .............. ............................ 3.1, 3.33 Reference to .................................................... 3.3.1 Safety and Protection,,........- ................ ..6.20, 13.2 Subcontractors, Suppliers and Others ........... 6.8-6.I1 Article or Paragraph Number Tests and Inspections..,.,..., ...... ......]3.5 Use of Premises... 6.16 Visits to Site ........................................................ 9.2 Liability Insurance-- CONTRACTOR's............... _...... _......................5.4 OWNER'S 5.5 Licensed Sureties and Insurers...._ ...... S.3 Liens -- Application for Progress Payment... ...................14.2 CONTRACTOR'S Warranty of Title ...................14.3 Final Application for Payment., ...... .... 1.4.12 definition of........... _................... _...,............,1.23 Waiver of Claims 14.15 Limitations on ENGINEER's authority and responsibilities... ... ._... _.......................... _...... 9.13 Limited Reliance by CONTRACTOR Authorized 4.2.2 Maintenance and Operating Manuals -- Final Application for Payment_ _ .. ..... . . . ... . . ... 14.12 Manuals (of others) -- Precedence ................................................... 3.3.3.1 Reference to in Contract Documents... ...... 3.3.1 Materials and equipment -- furnished by CONTRACTOR.... _.............. _...... _ fr.3 not incorporated in Work ......... .......... .._.......... .]4.2 Materials or equipment --equivalent .............._,..._ 6.7 Mediation (Optional) . ............ .....16.7 Milestones --definition of.. .... ...... ... 1.24 Miscellaneous -- Computation of'I'inter..................................___.17.2 Cumulative Remedies.. ..... .......... I ........ 17.4 Giving Notice ............................................... ...17.1 Notice of Claim.. .. . ...... _.............................17.3 Professional Fees and Court Costs Included....... _17.5 Multi -prime contracts,. .. 7 Not Shown or Indicated....,......._ .... ,.._._..._..,.._..4.3.2 Notice of -- Acceptability of Project ........ ................_.._,,,...14.13 Award, definition of.. ...... .....1.25 Claim...._,........._........._....................._....17.3 Defects,13.1 Differing Subsurface or Physical Conditions....._p2.3 Giving Tests and Inspections .......... . ........................13.3 Variation Shop Drawing and Sample ... Notice to Proceed -- definition of ................_......_.... ....1.-26 ................... givingof ... ....................... _................ 2.3 EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety ............... .......... ................... 10.5 Observations, by ENGINEER.. .... _ ..... 6.30, 9.2 Occupancy of the Work .................... 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR. . ...... _ _ 69, 9.13 Open Peril policy form, Insurance....._ ................. 50.2 Option to Re -place .................. ...... ...... ......... 5.14 Article or Paragraph Number "Or Equal" Items.... .... ......... - ......... I—_ ......... 6.7 Other work 7 Overtime Work --prohibition of,_ ...... .................. 6.3 OWNER -- Acceptance of defective Work..... ..... ................ 1.3.13 appoint an FNGINEER 9.2 as fiduciary ............. 5 12-5.13 Availability of Lands, responsibility, ...... ........... . 4.1 definition of 1 27 data, furnish., ...... ...... - ............. ....... 83 May Correct Defective Work 13.14 May refuse to make payment..._,. .... 1.43 May Stop the Work, .. ..... J 3. 10 May Suspend Work, Terminate 13.10, 15.1-15.4 Payment, make prompt_ .. ........... .... 8.3, 14.4, 14.13 performance of other work - 7.1 permits and licenses, requirements,__ .... 6.13 purchased insurance requirements ....... 5.6-5.10 OWNERs-- Acceptance of the Work ........ .................. 6.30.2.5 Change Orders, obligation to execute ........ _.8.6, 10.4 Communications 8.1 Coordination of the Work 7.4 Disputes, request for decision.,_ .. _ .................. 9.11 Inspections, tests and approvals.. . .............. _83, 13.4 Liability Insurance ...... ...... ...... Notice of Defects 13.1 Representative--During Construction, ENIGINEERs Status 9.1 Responsibilities-- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 8.10 Change Orders_._ .. ........... .. .... ....... .__..&6 Changes in the Work ........ J0. I communications 8.1 CONTRACTOR's responsibilities 8.9 evidence of financial FiTTangements 9.11 inspections, tests and approvals... -8. 7 insurance 8.5 lands and easements 8.4 prompt payment by_-- ...... _8.3 replacement of ENGINEER. .8.2 reports and tests,,..,.._,_... 8.4 stop or suspend Work,, 8.8, 13. 10, 15.1 terminate CONTRACTOR's services.- . ..... ...... 8. 8, 15,2 separate representative at site__ ...... ...... 9.3 testing, independent ..... ............. .... . ..... .... .. 13.4 use or occupancy of the Work .................... ..... 5 15, 6.30.2.4, 14.10 written consent or approval required ........... ...... .......... ........ _ 9. 1 , 6.3, 11.4 Xi EJCL)C GENERAL CONDITIONS 1910-8 (1990 EDMON) W! CITY OF FORT COLLINS MODIFICATIONS (REV 9(99) SECTION 00100 INSTRUCTIONS TO BIDDERS Article or Paragraph Number written notice required., ....................... 7.1, 9.4, 9.11, ... I.. I ...... I ............ 112, 11.9, 14.7, 15.4 PCBs -- definition of ..1.29 general ........ - 4.5 OWNER's responsibility for, ............... ..... 8.10 Partial Utilization— definition of general 6.30.2.4, 14.10 Property Insurance_......_ 5.15 Patent Fees and Royalties ..................... 612 Payment Bonds ......... ............................ 5.1-5.2 Payments, Recommendation of 'Completion- 14J3 Payments to CONTRACTOR and Application'.14,4-14.7, for ProgressPayments ................. .... 14.2 CONTRACTOR's Warranty of Title . ........ ......... 14.3 Final Application for Payment ............ ...... 14.12 Final Inspection... ....... ._ ..... ...... 14,11 Final Payment and Acceptance.... ... ............ general..... ................. ........ ........ _83, 14 Partial Utilization 14.10 Retainage ..................... ...... ......... ........ ......... 4 2 Review of Applications for Progress Payments . ...... .. 14.4-14.7 prompt payment ..... ... . .... Schedule of Values 14.1 Substantial Completion .... ................. 14.8-14.9 Waiver of Claims 14.15 when payments due ... I ............. .. ........ 14.4, 14,13 withholding payment ..... .......... ....... ..14.7 Performance Bonds.,.. 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 ENGINEER'S review 4 2.4 existing structures 4.2.2 general 4.2 ....... ...... ............ ......... .... ... Notice of Differing Subsurface or.... ....... ..... 4.23 Possible Contract Documents Change ................. 4,15 Possible Price and Times Adjustments ..............4.2.6 Reports and Drawings......._......._....................42.1 Subsurface and- ...... ..... .... ....... - 4.2 Subsurface Conditions 42 1A Technical Data, Limited Reliance by CONTRACTOR Authorized, .... .... .. ...... 422 Underground Facilities— general..... ............ . .......... _ ... . ... 43 Not Shown or Indicled 43.2 Protection of.- 3, 6 20 Article or Paragraph Number Shown or Indicated 4.3.1 Technical Data. ........ . .. ...... .............. Preconstruction Conference.... I ........2.8 Preliminary Matters_......,. ....... Preliminary Schedules ........................... . _2 ............. _.2.6 Premises, Use of ............ ......................... Price, Change of Contract .......... I .... I ..... ...... H Price, Contract --definition of ......................... ........1.11 Progress Payment, Applications for 14.2 Progress Payment--retainagp.,, .... .... 14.2 Progress schedule, CONTRACTORs ............ 2.6, 2 & 2.9, ............. .._ .... . I... I.... 6.6, 6.29, 10.4, 1521 Project --definition of.. . ...... ...... Project Representativ e-- ENGINEERs Status During Construction... _ 93 Project Representative, Resident --definition of......._, 1,33 prompt payment by OWNER........_ ........................... 8.3 Property Insurance -- Additional 5.7 general5.6-5.10 Partial Utilization 5.15, 14,10.2 receipt and application of proceeds ......... ... 5.12-5.13 Protection, Safety and........._ . ...... ... 6,20-6,21, 13.2 Punch list Radioactive Material-- clefintion of 1.32 gencral4.5 OWNER's responsibility for... ............................ ll. 10 Recommendation of Payment ................14.4, 14.5, 14,13 Record Documents. .. I. _ .... I ............ I ............ .. 619, 14.12 Records, procedures for maintaining .................. .....2.9 Reference Points 4.4 Reference to Standards and Specifications of Technical Societies 3.3 Regulations, Laws and (or). _.. _......... . 6.14 Rejecting Defective Work......._ ......... ....... ......... ... 9.6 Related Work -- at Site 7,1-7.3 Performed prior to Shop Drawings and Samples submittals review .....................6.28 Remedies, cumulative ... . .... ...... .... 17.4, 17.5 Removal or Correction ofDefective Work ...... .... _ .13,11 rental agreements, OWNER approval required 1145.3 replacement of ENGINEER, by OWNER.... I ....... Reporting and Resolving Discrepancies ...... ...... ....... 2.5, 3.3.2, 6.14.2 Reports -- and Drawings_ ................ ............ 4.1l and Tests, OWNER's responsibility ... 84 Resident and Project Representative -- definition of 33 provisionfor. ... . ......... ... _ .... ............. . .... ..... ..... 93 Xii EJCDC GENERAL CONDITIONS 1910 -8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/991 Article or Paragraph Number Resident Superintendent, CONPRACTOR's.,_...... ..... 6.2 Responsibilities_ CONTRACTOR's-in general .................................. 6 ENGMEER's-in general ........................ _...... _ .....9 Limitations on, ....... _...................................9.13 OWNER's-in general ...... ....... ............... ............. _.8 Retainage......... ....................... ........... ........ ......... 14.2 Reuse of Documents 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal .......... ...__.,........ 625 Review of Applications for Progress Payments........... _....................... 14.4-14.7 Right to an adjustment... _ ... _ _ .. _..... _ ... _.............. ..10.2. Rightsof Way... ......... ......._.....................................4.1 Royalties, Patent Fees and ...............................„_....6,12 Safe Structural Loading..........................................6.18 Safety -- and Protection. 6.16, 6.18, ......_...._........................6.20-6.21, 7.2, 13.2 general,......_ .............. .................... ......... .20-6.23 Representative, CONTRACTOR's..... _......... _ . _ 6.21 Samples -- definition of..__ ............. ...................... ......_._1.34 general ........... _.......... _... ....... .................. 6.24-6.28 Review by CONTRACTOR. , , _. ..........................6.25 Review by ENGINEER. . ............................ 6.26, 6.27 related Work ...................................................... 628 submittal of..................................._............_6.24.2 submittal procedures .............. ...........................6.25 Schedule of progress__.........................2.6, 2.8-2.9, 6.6, _...._. _... ....6.29, 10.4, 152.1 Schedule of Shop Drawing and Sample Submittals .__,.__..__..._...,_...2.6, 28-29, 6,24-6.28 Schedule of Values......... ,._............... 2.6, 2.8-2.9, 14.1 Schedules -- Adherence to. ................_ .....15.2.1 Adjusting. _.......................... _................... _..... 6,6 Change of Contract Times .................._ ...... _..... 10.4 Initially Acceptable ... ............... .................. ...'.'-.8, 2.9 Preliminary, ............. _........... , ................... 2.6 Scope of Changes........ _............. _............ _103-]0.4 Subsurface Conditions._ .................... _.. ..... I ....... 4.2.1.1 Shop Drawings -- and Samples, general...................._......__.624-6.28 Change Orders & Applications for Payments, and............................_.........9.7-9.9 definition of 1.35 ENGINEER'sapproval of .......... ....... ...........3.6.2 ENGINEER's responsibility for review..._............................9,7, 624-6.28 related Work ...................................................... ti28 review procedures. _...... _..... _........ ..... 2.8, 624-6. 28 Article or Paragraph Number submittal required..............................................6.24.1 Submittal Procedures 625 use to approve substitutions. ...._. _ _ .. _ .. _ _ _ 6.7.3 Shown or Indicated ................................................ 4.3.1 Site Access ..... .......... .._............... .................... 7.2, 13.2 Site Cleanliness ........................................................ 6.17 Site, Visits to -- by ENGINEER...........................................9 2, 132 by others _.... ..... _ ......... __.. ............. . _...13.2 "special causes of loss" policy form, insurance ...... ,. _............ _............ _........... ..... 5.6.2 definition of... _ .............. ... ._.................... .....1.36 Specifications— definationof.._............. _............1.36 of Technical Societies, reference to ....._............ 3JI precedence, ................... ...... ....... ........ ... _...13.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Before...............................2.5-2.8 Starting the Work..................................................._.2.4 Stop or Suspend Work -- by CONTRACTOR ...................._..._-.. ........I5.5 by OWNER..........................._.-......8.9, 13.10, 15.1 Storage of materials and equipment .............. . .4.1, 72 Structural Loading, Safety.................................... .6.18 Subcontractor_ Concerning ................................................ 0.8-6.11 definition of.....................................................1.37 delays............................................................12.3 waiver of rights..._..........................................6.11 Subcontractors --in general.... _. _ _... _ _... _. _ .... _... 6.8-6.11 Subcontracts --required provisions_. 5.11, 6.11, 11.4.3 Submittals— Applications for Payment ................................. 14.2 Maintenance and Operation Manuals...............14.12 Procedures .............._........... _...............,......... 6.25 Progress Schedules.....................................2.6, 2.9 Samples.......... _ ....... .......... ...................... 6.24-6.28 Schedule of Values .................... ...... ....... .2.6, 14.1 Schedule of Shop Drawings and Samples Submissions........................_._,._._,_...2.6, 2.8-2.9 Shop Drawings... ............ ... ............ ........ 6.24-6.29 Substantial Completion -- certification of .......... - ....... .._...... 6,30.2.3, 14.8-14.9 definition of ...................................................... 1.38 Substitute Construction Methods or Procedures.,....,.6.7.2 Substitutes and "Or Equal" Items..... _ ..... _ ..... . ..... . .. .. 6.7 CONTRACTOR's Expense ..... __. 6.7.1.3 ENGINEER's Evaluation 6.7.3 'Or-Equal"__.............._.._..._............--..._6.7. I.l Substitute Construction Methods EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wl CITY OF FORT COLLINS MODIFICATI DNS (REV 9199) Article or Paragraph Number or Procedures....... _ ................................... 6.7.2 Substitute Items.,. _ ....................................... 6.T 1.2 Subsurface and Physical Conditions -- Drawings of, in or relating to ........................ 42.1.2 ENGINEER's Review ....................................... 4.2.4 general. . ...... .................................................. 4.2 Limited Reliance by CONTRACTOR Authorized .................... ............_...........-4.2.2 Notice of Differing Subsurface or Physical Conditions._.-,._ .......................„_.,..,,. 42.3 Physical Conditions., ..... ................. ... 4.2. L 2 Possible Contract Documents Change...............42.5 Possible Price andTimes Adjustments...............42.6 Reports and Drawings.......................................4.2.1 Subsurface and...................................................42 Subsurface Conditions at the Site .................... 4. .^_.1.1 Technical Data.................................................4.2.2 Supervision— CONTRACTOR's responsibility ....... ........ ....... _.. 6.1 OWNER shall not supervise...,.___ ............... .......8.9 ENGINEER shall not supervise ..... ........... 92, 9.13.2 Superintendence__. ,........._. 62 Superintendent, CONTRACTORsresident .... .,..6.2 Supplemental costs......_.......................................11.4.5 Supplementary Conditions -- definition of......................................................1,39 principal references to.................1.10, 1.18, 2.2, 17, ........ 4.2, 4.3, 5.1, 5.3, 5.4, 5.6-59, 5.11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents . ....... .... . . .......... 3.6 Supplier -- definition of 1.40 principal references to.,_ ........ 3,7, 6.5, 6.8-6.11, 6.20, 6.24, 9,13, 14.12 Waiver of Rights_..............................................6.11 Surety-- consenttofinal payment,._... .................. 14.12, 14.14 ENGINEER has no duty to ........ -.............. ....... 9.13 Notification of..............__....._..._,...1Q1, 10.5, 152 qualification of.. _. _ ............5 1-5.3 Survival of Obligations .......................................... 6.34 Suspend Work, OWNER May .. ..... ....... ........ 13,10, 15.1 Suspension of Work and Term ination--..................... 15 CONTRACTOR May Stop Work or Term irate...............................................15.5 OWNER May Suspend Work.............................15.1 OWNER May Terminate _- . ...15.2-15A Taxes --Payment by CONTRACTOR ............... ..._ 6,15 Technical Data -- Limited Reliance by CONTRACTOR.... _ _,... _.. _ 42.2 Possible Price and Times Adjustments............._4.2.6 Reports of Differing Subsurface and Physical Conditions, .... . .. 42.3 xlv Temporary construction facilities...,. _.., _..... .............. 4.1 Article or Paragraph Number Tenn ination-- by CONTRACTOR ...._................1...I...............15.5 by OWNER_ ......... ..................... ......1.8.8, 15.1-15.4 of ENGINEER's employment...,_,— ...... ..... ........8.2 Suspension of Work-in general,,.....,.... 15 Terms and Adjectives....- .............................. ..... -....3.4 Tests and Inspections- - AccesstotheWork,by others..._.,_.___, _....13.2 CONTRACTOR s responsibilities... _........... _ ...13.5 cost of 13A covering Work prior to., .... _...... . ..... . _.. _, ..13.6-13.7 Laws and Regulations (or).,_, ............... _...... _.... 13.5 Notice of Defects- ...................... ..._.......... -.... 13-1 OWrNERMay Stop Work .......... .............. ......... 13 10 OWNER's independent testing ..........................13.4 special, required by ENGINEER ....................... 9.6 timely notice required_..., _.... I ......................... . Uncovering the Work, at ENGINEER's request, , ................ ...... ....... ... 3.8-13.9 Times— Adjusting, ..... ..... .... .._......... _....- .. .....6.6 Change of Contract........... 12 Computation of .. 17.2 Contract Times --definition of ... ........................ L 12 day11...... ....... .-.....................................1.7.2.2 Milestones ........................................................... 12 Requirements -- appeals .......... ............ 9.10, 16 clarifications, claims and disputes.................9.11, 11.2, 12 Commencement of Contract Times .. .... . ....... .. 2.3 Preconstruetion Conference ...... 2.8 ...... ................. schedules .................. _..........-..........2.6, 2.9, 6.6 Starting the Work ... ................ ....................._2.4 Title, Warranty of..........._._...................._.............14.3 Uncovering Work ... .................... I ...... ..........._13.8-13.9 Underground Facilities, Physical Conditions -- definition of...... ..,._..._... . ............. .............. 1.41 Not Shown or Indicated............ _.._ ................. 4.3.2 protection of............................._..............,4.3, 620 Shown or Indicated......................................_,4.3,1 Unit Price Work-- claims.........................................................1.1.9.3 definition of ............._..........__............. _..__ 1.42 generall 1.9, 14.1, 14 5 Unit Prices— general 11.3.1 Determination for. ..... .................. _._...............9.10 Use of Premises _..._........_..........._ 6.16, 6.18, 6.302.4 Utility owners._....-_.., ...... _... ,_.6.13, 620, 7.1-7.3, 132 Utilization, Partial .,..,_.._......... 1_29, 5.15, 6.30.2.4, 14,10 Value of the Work..............._........._....._...._.,...,..11.3 Values, Schedule of ... ..........................26, 2 8 2 9, 14.1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Variations in Work --Minor Authorized.................................._....6.25, 6,27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER . ....... .... . ..................... 9.2 Waiver of Claims —on Final Payment„_... ...............14,15 Waiver of Rights by insured parties ..... ...... ....... 5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR,... 6.30 Warranty of Title, CONTRACTORS...,....................1.4.3 Work -- Access to. .._... .__.._ .. _ 13.2 . ............ . byothers—........................................................ 7 Changes in the..._.............._..............._..........1.0 Continuing the,...._... .... ..... _....6.29 CONTRACTOR M, ay Stop Work or Terminate 15.5 ................................................ Coordination of, ............._...........__._..._.....7.4 Cost of the .................:.......... _............ _.. _11.4-11.5 definition of...1.43 ..................................................... neglected by CONTRACTOR...._ ............._..,.,. 13.14 other Work 7 ............................................................. OWNER May Stop Work ..............„............... BAD OWNER May Suspend Work.„.............._13.10, 15.1 Related. Work at Site 7.1-7.3 Starting The_ __.............. _..._ .....2.4 Stopping by CONTRACTOR.. ...... . ...._. ,..._1.5.5 Stopping by OWNER .................. ....... ...._15.1-15.4 Variation and deviation authorized, minor ........ _.3.6 Work Change Directive -- claims pursuant to.............................................102 definition of 1.44 principal references to ........ ,..._..... ... 3.5.3, 10.1-10.2 Written Amendment -- definition of 7.45 ........................................................ principal references to...............1.10, 3.5, 5.10,15.12, ...6.6.2, 6.8.2, 6.19, 10.1, 10.4, _..................1L2. 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations..._,._ ...................._.,__3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR . ......... _........... 7.1, 9,10-9.11, ..................._..._.............. 10.4, 11.2, 12.1 by OWNER._................9.10-9.11, 10.4, 112, 13.14 xv EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) wl CITY OF FORT COLT -INS MODIFICATIONS (REV 9199) (This page left blank intentionally) xvi EICDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CYTY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1--DEFL^IITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 .4ddenda-4Vritten or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement --The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment --The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1 A. Asbestos --Any material that contains more than one percent asbestos and is Diable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bondi —Performance and Payment bonds and other instruments of security. 1.9. Change Order --A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.0. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Awar(Y) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERAL CONDITIONS 191 M (1990 Edition) wl CITY OF FORT COLLINS MODIFICATIONS iREV V2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1. and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 411 and 4.2.2 are not Contract Documents. 1.11. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by FNG[1,MER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINFER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be futnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1,16. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER --The person, firm or corporation named as such in the Agreement. 1.18. ENGI(EER's Consultant --A person, Finn or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1,19- Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements-Sectioms of Division 1 of the Specifications. 121. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22a. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having j urisdiction. 1.22.b_ Legal Holidays --shall be those holidays observed by the Ci of Fort Collins. 123. Lies --Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Bfilesione--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 125, Notice of Award -A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed --A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTORS obligations under the Contract Documents. L27. OWNER —The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 128. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Pelrolervn--Petroleum, including dude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31, Project --The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 132.a Radioactive Material ---Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of UMC. GENERAL CONDITIONS t9I M (1990 Edition) w,'CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1954 (42 USC Section 2011 et seq.) as amended from time to time 132.b. Regular Working Hours --Regular working hours are defined as 7:00am to 6:00Qnt unless otherwise specified in the_General Requirements. 133. Resident Project Representative -The authorized representative of ENGINEER who may be assigned to the site or any part thereof 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1 37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.39. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEEWs definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1 42, Unit Price Work —Work to be paid for on the basis of unit prices. 1.43. Work --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 42 or 4.3 or to emergencies under paragmph6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment --A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds: 2.L When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be farrshed, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed• 2.3 The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, EJCDC GENERAL CONDITIONS 1910-5 (1990 ECUtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. r.. no event .,11 the CePAFact 'r:.n..,. oPBid-opening or-the-ihit4iefh day efter-the F� of the Agreem eritwhtehever-&W-ts-earlief- Starting the Work: 2A CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby, however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in die Contract Documents, 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal, 2.62.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 27. Before any Work at the site is started, CONTRACTOR vnid )Wls shall eaeh deliver to the other OWNER with copies to a nl:r:�i...r1 Ri „a ENGINEER, certificates of insurance (and other evidence of insurance reasonably request requested _ by-- OWNER) which CONTRACTOR-aiid-(r '? nCD� e po re is required to purchase and maintain in accordance with paragraphs 5.4srttf7. Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Inittally.,teeeptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, Appkcataon4br �.:,�a before an work at the site be r1s, a conference attended by CONTRACTOR, ENGINEER and others as appropriate designated ted by OWNER, will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division I - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTORS full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work The Contract Documents are complementary, what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 32. It is the intent of the Contract Documents to EICDC GENERAL CONDITIONS 1910-9 (t990 F.dalmo w,' CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shalt be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies., 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If; during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and; 3.33.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINE, ER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of l ke effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modifv the tetras and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.52, a Change Order (pursuant to paragraph 10.4), or ETCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 3.5.3. a Work Change Directive (pursuant to Paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways. 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 627), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse ofDoeuments. 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall famish, 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 I3per reasenableifien-request; v\STAiL'D „L..11 C. �:..L (+(1TiTD I, /'T(lDD ..: t aeeffeeZstatement of reGeEd lop! title and legal deseFiptien of th lapAr upon whish the Wor4c is to be peFfermej an {f .._ filmg a e.A.anie's lion against .eL lame in Ao-ordance, with applicable Laws and Regulation& OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 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 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 42. Subsurface andPhysicalCondetions: 42.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 42.1.1. Substajace Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 42.1.2. Physical Conditions. Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER ENGINEER or any of ENGMER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.22.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.22.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 42.3. Notice of Differing Subsur/ace or Physical Conditions: If CONTRACTOR believes that anv subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 42.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.22 is materially inaccurate, or 42.3.2. is of such a nature as to require a change in the Contract Documents, or 4.23.3- (hirers materially from that shown or EJCDC GENERAL CONDITIONS 1910.8 (1990 E(idai) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recogruzed as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, premptfy immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENCINEFR's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Docimnents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for perfomrance of the Work; subject, however, to the following: 4.26.1. such condition must meet any one or more of the categories described in paragraphs 42.3.1 through 4.2.3.4, inclusive, 42.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4_ CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.41. 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 Tunes by the submission of a bid or becoming bound under a negotiated contract; or 4.2 6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment, or 4 2b.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.23. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and EINGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3, Physical Conditions -Underground Facilities: 4.3.1. Shown orincficated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2 The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (it) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 620 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Intficated: 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 perfomtmg any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EICDC GENERAL CONDITIONS 1910-8 (1990 Mimi w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences- During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph620 CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER'S judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4,5. .Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 4c 2 CONTRACTOR shall ire ffiedlsteh : (i) stop ell wee .otfaaed thereby (exoep i�`-v`�irtirgv , jir@d by paragraph 6.23), end (ii) not:A. st Eh -net ee -irr writ 3WNER—shall txomptl7 5iiAR t astern a-qun, 22-:[[pert-t00vel , ssily cm:'To is ^oR�L.nnl ;.o�1`e-icq'vacd to-rBSNme-WHrlf itteennectiort-to-anY related-�-and-deliveretl o that sueh earidition arid a" affeeted arm is or bar been ,ender eel safe for the resumption of 1t ode i llTt rle . may be resumed saf 4, if (AWIcu an GONT-R-kGTOR cannot agree s to entitlement too M vie -a .of Sri .e A' o.n�'in Work stoppage or 'Ricrc•L �rxrns orn�=m aa�-VlElkiil GTTlrk _eed Lz4RA!emTlR, to Le _ u«...,] e&wTatiy-rney--make-claim-4wefer-as provided -in Articles-N-anc%l?- Tc ]� _rIi _�i wf ,. fie: FB��p: �F SH6h-S'p:E.nl-i_ir-r.'tcscn--nCjt1E@ C—ONTRAGTOR does n, agree to resume- sue work ;Wised-o-.�rease�ble-bel.c��sa€e, e-� des-.not --rr�w. 1 ..grEe,e E:a Bandit ens; then-OV,t TER-ma3--oFdep-udi-peft4on-of theI.A.0 k that a�in connection with such hazardous „_d:tion o in ._L aff �,ed area to be deleted from a.c-yrlc2Ga-IIonl he We_L if OWNER and COINTD ALTO as a to,...lt ,of deleting such ,"ogi on ,of the W o_t- the_ eihe. Y y^....ele.leim�herefofas-provided }n n _tiele., it and 12 OWNED may have sueh delete f the Work �r�ted_by--OI�NER's--own €Ye`'r�g�`s'�or��Ehersin-eueo.�e ula To '.e --ffnitted by Laws and Degt; Gas nllmrL'D ..h,.11 :nde„e p:-1 .end 1 harmless—CONTRIVOTOR—, Subcontractors, n,o.e,, dts_t. and tL.. et€ieers;diFeeters, emple'yees, agents, ether consultants and qubemitraGtons of and any of there gem and agamst all el.e:_e.eests;losses 4,5.5. -r�o: .;ors of par,.,m.eh.. n 2 .end 4,3 are not _deed . pply o nsbe" PGRs,— ivie^ ,, Hazardous II.,..te or Ded',e„-t'e,e TAster:sl , p.. oe,or revealed Rt the site. e_ed EICDC GENERAL CONDITIONS 1910-9 (1990 Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) ARTICLE 5--130NDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shalt furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contact Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Goverrinent Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond famished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5e3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by O1.VNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by O1VNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph SA QW]h" R sshe! of requxec a-,d panig,iphs 5.6 ,_id 5.7 hereof, CONTRACTOR'.s Liability Insurance: 5A CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR'S performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers compensation, disability benefits and other similar employee benefit acts, 5A2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR'S employees, 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5-44. claims for damage&—insured—hy—eustom-ary personal- mtury-liability--eeweragewhieh-are�sustaine& ( -by m, pe salt of e indirectly-related-to4hresult t-ofsuch-person by GONTP-WTOR; .,. O,, by any other person for any 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom, and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs, 5.4.3 through 5.4.6 inclusive and 5.49, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds, 5A4 8. include the specific coverages and be written for not less than the Inn its of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5,4.9. include completed operations insurance, EICDC. GENERAL CONDITIONS 1910-811990 Edtia 0 w/CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 5.4.10. include contractual liability insurance covering CONTRACTOR'S indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13,12, and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5,5, In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. i-ifilms otherwise provided in the Stt"r a ems* , deductible in--fhSuppberflentfify Cendihons of requir-ed b.- be". and Regulatiens). This 5.6+ inelude the inta.ests of OIAIP G9NTRACTORs Suboo,, EN -'U ^aiDk- P4EERs. Giinsu atHs-end-atyvaer each�Rf whom is deemed tohave -an-irtsuiab! intefes c L_ _ D..ld 1 1 �.c,- . rrai�vr Open-peril-oF-Spe6lal ""..SOS of 10."'--P8116y €erAl-thAt shall at least include in e fef physieal L.._ ,. and age -to the W^mi , tempei-oi-ybuik1ing5,a1sewefk An J nl,._y in wangit And h 15.mll insure against At. —least G ! ] _elude a ..rail the �neevi�aar u�lrar.-i repair Or replacememr I any msurati prepe ty (ns}u�tr3 -but -not limaed to fees An charges of k Id engineers- and arehtteets); yr at-iwt 3they toea'IOA-tb$t�'r'"a�-egrc_cvivvrdr'rttlfl ,�y+ OSIlsM prior ♦o being incorporated : -be Work, v�, ..Gl. .lea _ n«.J:,...i.._ f,._ D....._e_. ..ee0filin 19@0 L. L'i�l TrUc�rn^`i a ended ilmRrunlGa�vlT a�[W V-Zc�-"Qr-'wr-IL-Ing-[N vSSTrrn�v /VITT���eP A/�Ti�e1D ..����Tla Tii.iL rth drirty days' ^.. addltl irtSarCd-ta whom a ee-'�leata^"-FiFc-V'm^,swaiee has been 4ssNed.- 5-7.— OWNERshah-pHiEh8sC-And-inBtRtaki7-SaCil-bBt1EF AI3d-IHAGhIR@�eTrr-A�.ay.r'�IAnB�pFPpCk�i`-kA5Ekfi1HCe as may be fequired-by-the-��icnsor Aws-And-Rega{Atietjs-whte}rwtA-ineFade-the-Interests-e€ QWlsW CONTRACTOR Subc.._.«.etors LTT!}1Tit'L'D - ___ ___ . -_- axe., identified in the Sqplementary Conditims; each of whom � ikny-Elth07-pdrb'Ai1S E)r$ntitf� 1SU4L}[IGQ'LO'have 1r3[ciT[rJ an insured-o�inslered, -�`fnYer- -f9FE}arif;���V-]t}i h Sa i- 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in IdeW:Ged in ro the Supplementary Gana:,:,...., ^ The _:a, of ava -a amouM will be borne C-ONTRr17T-OR;-Subcon4aeW-or ^«hers e fltruig-any Z-h wrenxge'�r"`ialcidn IVLxe� I:...:... ei sue-t amounts, ae" may maintain it at the purchase C 1 if l"/lNTR AGTr1D _ L_. L._ '-11�Ir11�T�1'pSC"Tilq��3�[T�II^ti-�f"Iitilig -[Ila Z/Q1cI he Property mSIIFHH00 policies ^...:,Jail rider paragraphs 5.6 or G 7 OWNS therek?Jr-.Fire-.,.,�-,:' a.+b e.o-c-�.-rib-r_-rvac.,J-sspp.-.,E,r.aEe Change Order or Written Amendment.. brier t, 111 EJCDC GENERAL CONDITIONS I910.9(1990 F.ditim) wl CITY OF FORT COLLINS MODIFICATIONS (REV 4,"00) G 1 1 1 1111TiL'D 1 rrlaiTT) hl'7� m--.�.n,� a;�� polie�es-pursheseA �a denee--u-ith paragraphs-5:t and 5.7 ...;11 prow- CAWJ G'D GONT➢AGTO➢ :Subeent;aEEers, EAIG�V£ER—i�`dc fI�FEER�9 m, the supplementary C-oriditions to be listed ��@fi-aEI�B}16theC-pel�9flS6F..^aa�au�-." (�BRti�iB� r5 eds or addAienff naureds in- sueFrpo}ieies-and ..::tsr provide -p._-, l9S8Aq and damages ,. eoe l .o=w_the aby. All a pok-ens to the effeet that n the _event of payment of ., r lea or dm a .Il wsmsef"will Iaye no OfFaGevary '^..t any of the insureds or gdd 4 TrPrLZCand GONTiW11'pICw$IVe--61T'TigI10 G i 1 ') Tom, vaa:.'e^ OISIAiDD ^ll .:..Ln. �.�t__�/ITTTrD hl�(�DS_—_ �'iilii%67itf8itB7$i .s-cn--mc o€ftee, direc rs,employees--a^rad-agents--G y--of them- OF of use bey6nd--direst_ physica -4o s o�to OWNERs property or the Work eatised _bY-1 OFISiagg from fire sr other peps Art), i sum..ee polio .,mi.mo.r'1 by-�iib-i�il'R Gov_ri .r less-, Of-eartsequermalre'f .rail to in aLi.. •,.fM.. ^^ doll, consequential k Msw-e s will have no rights of Receipt and Application of Insurance Proceeds. 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5,13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER'S exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers an if _eq .ea in ih_t «. by '« ♦ (11ITTCD u,toa�.�r�n��—o� --fiduciary--shtrii—gkve—Wtid—foF—tire Y OP Performance of Such duties. Acceptance of Bonds andlnsurance; Option to Replace: 5.14. If e'thei Veit or OWNER has any objection to the coverage afforded by or other provisions of the Bends-er insurance required to be purchased and maintained by the ofhet CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents, the eH)ec�mg perEy s} ell �o-nea=�j �efher--pefly OWNER will notify CONTRACTOR in writing within ten fifteen days after receipt delivery of the certificates (ef ether -evidence requested) to OWNER as required by paragraph 2.7. ©SIAICD ..«.1 nllT1TD nl�T 1 L _-the the regttired Beverage VIAnut prej-6 pp.to my aEherFight FAnis Met to and ,, Change O I RhAli be issued to -adjust -the Partial Utilization —Property Insurance: 5 15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EICDC GENERAL CONDITIONS 1910-8 (1990 Editim) w! CITY OF FORT COLLINS MODIFICATIONS (REV,I2000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10' provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence.• 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials- and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR. will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holidav without OWNER'S written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday, Sunday Holidays or outside the Regular Working Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4;1. Purchasirg_ReArictions: CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasine and Risk hlanaaemen_t Division or the City Clerk's office. 6.4.2. Cement Restrictions'. Cit�of ForCollins Resolution 91.121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly nm to the benefit of OWNER If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied. installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12_.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7, Substitutesand "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EJCDC GENERAL CONDITIONS 1910-3 (1990 Editiai) 12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1 "Or-Fqual": 1f in ENGTNEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINF.ER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor, The procedure for review by the ENGINEER. will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated_ The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CON7RACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense_ 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINFFR, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable tune within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER willbe the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to B=sh at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6l8. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor. Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6 8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EJCDC GENERAL CONDITIONS 1910-8 (1990 Editim) w/ CI W OF FORT COLLINS MODIFICATIONS (REV 4/2000) 6_9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is, without subcontracting). The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 Dereent of the Contract Price. 6.8.2. If-the-_Supplementary-Condttiens Riddg Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER irr-a nee ffie-speei€ted date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,--and-4 CONTP ,ACTOR has submitted Ha a OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any-suEu1scon'U",-SURAW lter-parsen-ur u:agaiu'z : A--.Zr.- A «rtrsv'-_beL„ reveked on the basis-epreasonabl��bjest in--which--case-CONTRACT-O 4y -submit-en be adjusted-by--t}xdifFerertse itrNte aesE esed by suah substitution. and an_��rddf will -be tei ^ . _,A...'_. -ro=,� ._,�,_. �i�ed will constitute a condition of the Contract reouirinu the use of the named subcontractors, suppliers or other persons or organization on the Work unless prior written apkroval is obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 69.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or funrishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may firrr» sh to any subcontractor, supplier or other person or anization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Pavmenf' 13 69 CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Workk performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. W is-wish-a-SubcentFaete�e. a ':�• '- i;-l;�t,�a�.-es z.spp..o.—..rro ins uenee- provide #-in paregephs46 er— .7-dw---agreermnt--b�e eentam-proviis -ihe be� Supplier give_ all righ."agaaast ONWIEo CONTRACTOR, fiPIGII3EF1�-EPIFiIN$E� ��� �" other -Sra..in..r.�ermm. ., .. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent pennitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER. ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents 14 E]CDCGENERAL CONDITIONS 1910-8(1990E(itm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR'S compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6,15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into the project. Said taxes shall not be included in the Contract Price. Address: Colorado Detrartment of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado. 90261 Sales and Use Taxes for the State of ColoraLo Re ip onal Transportation District (RTD) and, certain Colorado counties are collected the State of Colorado and are included in the Certification of Exemption. All appli able Sales and Use Taxes (includ ng, State collected taxes), on any items other than construction and building materialsThysically- incorporated into the rp_rolect are to be -paid by CONTRACTOR and are to be included in appropriate bid items. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or lased upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: EJCDC GENERAL CONDITIONS 1910-8 (1990 Ecfitia0 w/ CITY OF FORT COLLINS MODIFICATIONS aW.V 4/2000) 6.19, CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the. Work and prior to release of final payment these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6,20.1. all persons on the Work site or who may be affected by the Work, 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR'-, duties and responsibilities for the safely and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 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 12/03 Section 00100 Page 2 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representatipe: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs.• 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 6 23. In emergencies alTecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and sunilar 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 EJCDCGENERAL CONDITIONS 1910-8 (19901i6tim) 16 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/1000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have detennined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 625.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26, ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction. (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27, ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 29, any related Work performed prior to ENGINEER's review and approval of the pertntent submittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under nornial usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute_ None of the following will constitute an acceptance of Work that is not in EXEC GENERAL CONDITIONS 1910-8 (1990 EMM) w! CIT`I OF FORT COLLINS MODIFICATIONS (REV 412000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1, observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.3C1_2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents: 6.3o,14. use or occupancy of the Work or any part thereof by OWNER, 6.30,15_ any acceptance by OWNER or any failure to do so', 6302.6 any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.3Q2 7. any inspection, test or approval by others, or 6.302.8. any correction of ckfective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all clamors, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, less or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6 33. The indemnification obligations of CONTRACTOR under paragraph6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTII;R WORK Related Work at Site: 7.1, OWNER may perform other work related to the Projectat the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (h) CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2 CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER. if OWNER is performing the additional work with OWNERSs employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable 18 EJCDC GENERAL CONDITIONS 1910-8(1990Edaial) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavaitabte or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work - Coordination: 7.4. If OWNER contracts with others for the Performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against ..a aye PGNTRArmen makes no reasonable obje.-a:...- whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make paymlents to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 84, OWNIiR's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 0. T:rATEWs TeT. o i^ibilitwis iA respect <f p aehasi;g are} set fetlh'>�"vra�ap�`.5 threttgh-5:1-R.- 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13A. 8.8. In connection with O4VNER's right to shop Work or suspend Work, see paragraphs 13.10 and 15.1 Paragraph 15.2 deals with OWNFR's right to terminate services of CONTRACTOR under certain circumstances. 89. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR'S means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8-10--9'�'*�n'^�p��ibility-in-resgact ef�tndisclesed Afibestas,- PGBs,, PetrEileii;, T* ^ i:dous Wa4. e,-_-or sot fortut-�� urraHgeatents--have--lien—m^ ate,-�-�^'is€}z-f3W'NE`R 5 ebligations respensibilitu-in-respeeE Nrereef--vvi$-be-as-set-li�rih-in-the Suppktttentary�errdi[ietrs ARTICLE 9--ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. I9sits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress ETCDC GhNERAL CONDITIONS 1910-5 (1990 E(ilim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEERSs efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. FNGINEER's visits and on -site observations are subject to all the limitations on ENGINEFR's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEERS on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative., 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3. and 9.13 an it the �-.'Ra"7 Cettditiens of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in paragraph 93 9.3.1. The Reoresentative's dealings in matters pertaming to the on -site work will, in general be with the ENGINEER and CONTRACTOR But the ReRresentative will keep the OWNER properly advised about such matters, The Rvresent_afivzs deal ngs with subcontractors will only be hrouoh or with the __full knowlee�e and approval_ of the CONTRACTOR. 93.2 Duties and Responsibilities. Representative will: 9.32.E Schedules - Review the__ press 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concernme acceptability 9.3.2.2;Conferences and Meet- Attend meeting_with the CONTRACTOR such as preaonstruetion conferences, progress meetings an_d other A conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 93.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR, working, principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents, 9.3.2.3.2. Assist in obtaining from OWNER additional details or information when required, for doper execution of the Work. 9.32.3.3_. Advise the ENGINEER and CONTRACTOR of the commencement of any Wcxk requiring a Shop Drawing oror sample submission if the submission has not been approved by the ENGINEER. 9.3.2.4.Review of Work, Rejection of Defective Work, Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 93.2.4.2. Report to the ENGINEER whenever the Representative believes that the Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspections. tests or approvals r be made: required to and advise the ENGINEER when he believes work should be corrected or rej_ee.4ed of should be uncovered for observation, or requires special. testing, inspection or approval. 9.3.2.4.3 Accompany visiting inspectors representing public or other agencies having jurisdiction over the Proiect record the results of these inspections and report to the ENG[NEFR. 9.32.5. Interpretation of Contract Documgnts.__Report to ENGINEERwhen clarifications and interpretations of the Cont act Documents are needed and transmit_ to CONTRACTOR clarification and n erpretation of the Contract Documents as issued by the ENGINEER. 9.3 2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions .for 9Q EJCDC GENERAL CONDITIONS 1910-8 (1990 Ed iw) w/ CI TF OF FORT COLLINS MODIFICATIONS (REV 4/2000) modification in Drawings or Specifications and report these recommendations to F.NGiNEF.R. Accurately transmit to CONTRACTOR decisions issued by the ENGINEER. 9.3.2.7. Records, 932.8. Reports. 9.3.2.8.1. Furnish ENGINEER periodic reports, as required, of the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawing and sample submittals. 9.32.8.2. Consult with ENGINEER in advance of scheduling major tests, Inspections or start of important phases of the Work. 9.3.2.8.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from the CONTRACTOR and recommend to ENGINEER Change Orders Work Directive Changes and tiekl orders. 9.3.2.8.4. Report immediately to ENGINEER and OWNER the occurrence of any accident. 9.32.9. Payment Requests. Review applications forpatane it with CONTRACTOR for compliance with the established procedure for their submission amid forward with recommendation to ENGINEER noting particularly the relationship of the payment requested to the s hedu]e of values work completed and materials and equipment delivered at the site but not incorporated in the Work. 9.3.2.10. Completion 9.3.2.10.1, Before ENGINEER issues a Certificate of Substantial ComnletiorL submit to CONTRACTOR a list of observed items requiring correction or completion.. 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER, OWNER and CONTRACTOR and Prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation. of Authority: The Representative shall Mt: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or equipment, unless authorized by the ENGINEER. 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR Subcontractors. or CONTRACTOR'S superintendent. 9.3.3.4. Advise on, or issue directions relative to, or assume control over any aspect of the means, methods, techniques, secUuences or procedures for construction unless such is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions regardir¢ or assume control over safety precautions and programs in connections with the Work. 9.3-3.6. Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR. 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part. 9.3.3.8. Participate in specialized field or laboratory tests or inspections conducted by others except asspecifically --_ authorized by the EN(JINEER. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable front the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Tunes and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Iarialionsin Work: 9.5, ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work.• 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Vnit Prices 9,10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of anv such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (it) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENCrINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claim& 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 1 l and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to INGTNEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (1) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (it) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EJ DC GENERAL CONDITIONS 1910-8 (1990E.dilim) 2` w/ OITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter-puaisuan",a�. 9.13. Limitations on ENCINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9,13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR'% means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10--CHANGES IN THE WORK 10_1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions a revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided), 102. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract 'Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12, 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract T im es with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 104. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph I O.1, (ii) required because of acceptance of defectve Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (in) agreed to by the parties, 10.4.2. changes in the Contract Price or Contract T imes which are agreed to by the parties, and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11, provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10 5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EICDC GENERAL CONDITIONS 1910-8 (1990 E&iai) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) (including, but not limited to, Contract Price or Contract 'Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11--CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall beat CONTRACTOR's expense without change in the Contract Price. 112. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.1 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, inclusive), 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 1 L6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 113 11, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6)_ Cost of the Work: 11A The terns Cost of the Work means the Burn of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shalt include only the following items and shall not include any of the costs itemized in paragraph 11.5. 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed fulltime on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall mcltKla brit -not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses; sick leave, vaeatien awkhelidwj-pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, 94 ESCDC GENERAL CONDITIONS 1910,8(1990 Editiai) col CITY OF FORT COLLINS MODIFICATIONS (REV 4f20(W) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the. Work plus a fee, the Subcontractors Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs l l.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the casts of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11 A.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.45.6_ Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. 'the cost of utilities, fuel and sanitary facilities at the site. 114.5.8, Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. I I A5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph IlAt or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.52. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11,4.5.9 above). EICDC GENERAL CONDITIONS 1910-5 (1990E(titim) wi CITY 017 FORT COLLINS MODIFICATIONS (REV 4)20M) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense casts of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11A The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee, or 11,62 if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent 11.62.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11Al, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a feed€ive-percent-of-the-en}ounE-paid4e the next4ewer-Her kaete , to be negotiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.6.2A no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11 6.2.5, the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6, when both additions and credits are involved in any one change, the adjustment in CONTRACTOR'S fee shall be computed on the basis of the net change in accordance with paragraphs 11.62.1 through 11.625, inclusive 117. Whenever the cost of any Work is to be 75 such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 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. 12/03 Section 00100 Page 3 determined pursuant to paragraphs 11A and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEFR an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 11 8.1, the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on accoamt of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Dnd Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.92. Each unit price will be domed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNEK or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if 11.9.31. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreemcnt; MCDC GENERAL CONDITIONS 19I0-8 (1990 Editiai) 26 w/ CITY OF FORT COLLINS MODIFICATIONS [REV 42000) and 11.9.3.2. there is no corresponding adjustment with respect to any 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 OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3A. CONTRACTOR acknowled;es that the OWNER has the Tight to add or delete items in the Bid or change uuantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the original, total Contract Price. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1, The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and staling the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Tunes (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1 Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, foes, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time last due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Accessio Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable -times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4, OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13 4.1, for inspections, tests or approvals covered by paragraph 13.5 below, 13 4.1 that casts incurred in connection with tests Or inspections conducted pursuant to paragraph 13.9 E7CDC GENERAL CONDITIONS 1910-8 (990 Mimi mi wi CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) below shall be paid as provided in said paragraph 13.9, and 13.4.1 as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary- to the written request of ENGINEER it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced atCONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or. tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, finishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11, If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and I. OWNER May Stop the Work: 13.10, if the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to famish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal ofDefective Work. 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defectrve Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. If within one-year two ears after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terns of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (n) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.123. Where delecfrve Work (and damage to other �g EICDCGENERAL CONDITIONS 191"(1990EOURI) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,2000) Work resulting therefrom) has been corrected, removed or replaces] under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one-year two yeazs after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER:s recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs alter such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OW'NER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, lossesand damages incurred or sustained by OWNFER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article I . Such claims, costs, losses and damages will include but not he limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. 'the schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed Application for Progress Payment: 142. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship By executing the application for payment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes Section 24-91-1O1. et sea. CONTRACTOR's Warrantp of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review o fApplications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS 1910-8 (1990 E(fition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) recommendation of payment and present the Application to OWNER, or retum the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedutes, that to the best of ENGINEER's knowledge, information and belief. 14.5.1. the Work has progressed to the point indicated, 14.5,2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a fmal determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONT'RACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER'sresponsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OILNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniqques, sequences or procedures of construction, or the safer, precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of Work, or for any failure of CONTRACTOR to perform or famish Work in accordance with the Contract Documents_ 143. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEERS opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.72. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through I S.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 152.4 inclusive, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does notconsider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER E7CDC GENERAL CONDITIONS 1910-5 t1990Editim) 30 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINIMR's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list, Partial Utilization: 14.10. Use by OWNER at OWNEWs option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (it) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.0WNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that pert of the Work to be substantially complete, the provisions of paragraphs 14.8 and 149 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.1 L Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application forPcgment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph619) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by. (i)all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed I n connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may famish receipts or releases in full and affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (a) 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 ErCDC GENERAL CONDITIONS 1910-8 (1990 E(fitim) w! CITY OF FORT COLLINS MODIFICATIONS (REV 42000) to famish such a release or receipt in full, CONTRACTOR may famish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to finalize oyment are to be submitted on forms conforming to the format of the OWNER'S standard forms bound n the Project manual. Final Payment and Acceptance: 14.13. I£, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty clays after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to para rgr h 17.6.2 of these General Conditions. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute. 14.151. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents, and 14.152. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resurtte the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. OWNER Mav Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph29 as adjusted from time to time pursuant to paragraph 6.6), 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction, 15.2:3. if CONTRACTOR disregards the authority of ENGINEER., or 15.2.4_ if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days` written notice and to the extent pennitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR:s tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDCGENERAL CONDITIONS M O1 Sf1990EduQu 32 e/ CITY OF FORT COLLINS MODIFICATIONS (REV A2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, lasses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be Paid to CONTRACTOR. If such claims, costs, lasses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed 153. Where CONTRACTOR's services have been so terminated by OWNER, the tennination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days written notice to CONTRACTOR and FNGINF_ER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work: 15.42. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses, 15.43. for all claims, costs, losses and damages ncurred in settlement of terminated contracts with Subcontractors, Suppliers and othcrs; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR AlayStop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty clays to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terns as provided in paragraph ISA. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect. of any dispute. ARTICLE 17--MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 172.1- When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 17.2 2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other parry is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.121 6.16, 6.30, 6.31, 6,32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included' 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. IT6. The laws of the State of Colorado apply to this Agreement Reference to two pertinent Colorado statutes are as follows' 1762 If a claim is tiled OWNER is required by law WRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the vayment of all claims for labor, materials team hire sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or _his 33 34 EJCDC GENERAL CONDITIONS 1910-8(1990E(iliai) w! CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (Tins page left blank intentionally.) EJCDC GENERAL CONDITIONS 1910-9 (1990 E&Iim) 35 w' CITY OF FORT COLLINS MODIFICATIONS (REV V2000)