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357421 SODERBERG MASONRY - CONTRACT - BID - 6104 NORTHSIDE AZTLAN COMMUNITY CENTER HANDBALL COURT
SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Northside Atzlan Community Center Handball Court Masonry BID NO 6104 PURCHASING DIVISION 215 NORTH MASON STREET, 2No FLOOR, FORT COLLINS June 2, 2008 — 3 00 P M (OUR CLOCK) where renewal is a way of life Security with Bids which are not competitive will be returned within seven days after the Bid opening 7 0 CONTRACT TIME The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement 8 0 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement 9 0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement" The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements 10 0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10 1 Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work Refer to Section 00430 contained within these Documents 10 2 If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions 10 3 CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against Rev 10/20/07 Section 00100 Page 4 determined pursuant to paragraphs 114 and 11 5 CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data Cash Allowances 11 8 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that 1181 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 1182 CONTRACTORS costs for unloading and handling on the site labor installation costs, overhead profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid Prior to final payment an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be coriespondingly adjusted 119 Unit Prsce Work 11 9 1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, mitmlly 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 Umt 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 deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTORS overhead and profit for each separately identified item 11 93 OWNER or CONTRACTOR may make a claim for an adjustment in the Contract pace in accordance with Article I if 11931 the quantity of any item of Unit Price Work pertonmed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement EXDC GENERAL CONDITIONS 1910 8 (1990 Eetuam) 26 w/ CITY OF FORT COLLINS MODIFICATIONS(FIEV4r2000) and 11932 there is no corresponding adjustment with respect to any other item of Work and 11933 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 11934 CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNERS sole discretion without affecting the (,ontract Price of any remaining item so long as the deletion or addition does not exceed twenty five percent of the origmal total Contract Price ARTICLE 12 CHANGE OF CONTRACT TIMES 121 The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment Any clam for an adjustment of the Contract Tunes (or Milestones) shall be based on written nonce delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim Notice of the extent of the clam 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 clam) 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 Alt claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9 11 if OWNER and CONTRACTOR cannot otherwise agree No claim for an adjustment in the Contract Times for Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12 1 122 All time limits stated in the Contract Documents are of the essence of the Agreement 123 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 shalt include but not be limited to acts or neglect by OWNER acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7 fires floods epidemics, abnormal weather conditions or acts of God Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 124 Where CONTRACTOR is prevented from completing any part of the Work within the Contract Tunes (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR s sole and exclusive remedy for such delay In no event shall OWNER be liable to CONTRACTOR any Subcontractor any Supplier any other person or organization, or to any surety for or employee or agent of any of them for damages arising out of or resulting from (t) delays caused by or within the control of the CONTRACTOR, or (n) delays beyond the control of both parties including, but not limited to fires, floods epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7 ARTICLE 13 TESTS AND INSPECTIONS CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13 1 Notice ofDefeds Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected corrected or accepted as provided in this Article 13 Access to Work 13 2 OWNER, ENGINEER, ENGINEERS Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at FessEntible tans for then observation, inspecting and testing CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTORS site safety procedures and programs so that they may comply therewith as applicable Tests andlnspechons 133 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 inspechons or tests 134 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 1341 for inspections tests or approvals covered by paragraph 13 5 below 1342 that costs mcured in connection with tests or inspections conducted pursuant to paragraph 13 9 EICDC GENERAL CONDITIONS 1910.8 (1990EtLnm) wl CITY OF FORT COLLINS MODIFICATIONS (REV 42000) below shall be paid as provided in said paragraph 13 9 and 13 4 3 as otherwise specifically provided in the Contract Documents 13 5 If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected tested or approved by an employee or other representative of such public boil CONTRACTOR shall assume full responsibility four arranging and obtaining such inspections tests or approvals pay all costs in connection therewith, and fumish ENGINEER the required certificates of inspection or approval CONTRACTOR shall also be responsible for arranging and obtmmng and shall pay all costs in connection with any inspections, tests or appmsals required for OWNERS and ENGINEERS acceptance of materials or equipment to be incorporated in the Work or of materials, mix designs or equipment submitted tor approval prior to CONTRACTORS purchase thereof for incorporation in the Work 136 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 137 Uncovering Work as provided in paragraph 13 6 shall be at CONTRACTORS expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTORS intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice Uncovering Work 1� 8 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER be uncovered for ENGINEER s observation and replaced at CONTRACTORS expense 139 If ENGINEER considers it necessary or advisable that covered Rork be observed by ENGINEER or inspected or tested by others CONTRACTOR at ENGINEERS request, shall uncover expose or otherwise make available for observation, inspection or testing as ENGINEER may require that portion of the Work in question, furnishing all necessary labor material and equipment If it is found that such Work is defectve CONTRACTOR shall pay all clams, 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 observattom inspection, testing replacement and reconstruction and if the parties are unable to agree as to the amount or extent thereof CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 OWNER May Stop the Work 13 10 If the Work is defective or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work or any portion thereof until the cause for such order has been eliminated however this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party Correction orRemovat ofDefechve Work 13 11 If required by ENGINEER CONTRACTOR shall promptly as directed either correct all defectiie 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 defectne CONTRACTOR shall pay all clams 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) 1312 Coneetron Penod 13 12 1 If within one-year two vears after the date of Substantial Completion or such longer period of tune 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 OWNERS written Instructions (1) 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 (u) 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 uistructions, 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 cat -her date if so provided in the Specifications or by Written Amendment 13123 Where defective Work (and damage to other 29 EICDC GENERAL CONDITIONS 19108(1990 EAnon) w/ CITY OF FORT COLLINS MODIFICATIONS Ol 4R000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13 12 the correction period hereunder with respect to such Work will be extended for an additional period of aria-yeee two year after such correction or removal and replacement has been sabsfactonly completed Acceptance ofDefecnve Work 13 13 If instead of regmnng correction or removal and replacement of defective Work OWNER (arid, pnor to ENGINEERS recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so CONTRACTOR shall pay all clams, costs, losses and damages attributable to OWNERS evaluation of and determmation to accept such dfective Work (such costs to be approved by ENGINEER as to reasonableness) If any such acceptance occurs prior to ENGINEERS 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 clam therefor as provided in Article 11 If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER OWNER May Coned Defechve Work 1314 If CONTRACTOR fads 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 CONTRACTORS services related thereto take possession of CONTRACTORS 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 OWNERS representatives agents and employees, OWNERS other contractors and ENGINEER and ENGINEERS (onsultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All clans, costs losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate decrease in the Contract Price and if the parties are unable to agree as to the amount thereof OWNER may make a clam therefor as provided in Article 11 Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTORS defective Work CONTRACTOR shall not be allowed an extension of the Contract Tunes (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNERS rights and remedies hereunder ARTICLE 14 PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values 141 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 Pnce Work will be based on the number of mints 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 wananting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the matenals and equipment are covered by appropriate property insurance and other arrangements to protect OWNERS interest therein, all of which will be satisfactory to OWNER The amount of retamage with respect to progress payments will be as stipulated in the CONTRACTOR s Warranty of Title 14 3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment Gee and clear of all Liens Review ofApprrcaaons for Progress Payment 144 ENGINEER will, uithm ten days after receipt of each Application for Payment either indicate in writing a E1CDC GENERAL CONDITIONS 19104 (1990 Editim) Wan OF FORT COLLINS MODIFICATIONS( REV 412000) recommendation of pavment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEERS reasons for refusing to recommend payment In the latter case CONTRACTOR may make the necessary corrections arid resubmit the Application Ten days after presentation of the Application for Payment to OWNER with ENGINEERS 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 145 ENGINEERS recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEERS on site observations of the executed Work as an experienced and qualified design professional and on ENGINEERS review of the Application for Payment and the accompanying data and schedules that to the best of ENGINEER s knowledge information and belief 1451 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 m upon Substantial Completion to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Umt Price Work under paragraph Q 10 and to any other qualifications stated in the recommendation) and 14 5 3 the conditions precedent to CONTRACTORS being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER s responsibility to observe the Work However by recommending any such payment ENGINEER will not thereby be deemed to have represented that (1) 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 (a) that there may not be other matters or sues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 146 ENGINEERS recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTORS 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 tarnishing m performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents 147 ENGINEER may refuse to recommend the whole or tiny part of any payment if in ENGINEERS opinion, it would be mcorrect to make the representations to 29 OWNER referred to in paragraph 14 5 ENGINEER may also refuse to recommend any such payment o because of subsequently discovered evidence or the results of subsequent Inspections or tests nullifv any such payment previously recommended to such extent as may be necessary in ENGINEERs opinion to protect OWNER from loss because 1471 the Work is defective or completed Work has been damaged requiring correction or replacement 1472 the Contract Price has been reduced by Written Amendment or Change Order 1473 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13 14 or 14 7 4 ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15 2 1 through 15 2 4 inclusive OWNER may refuse to make payment of the full amount recommended by ENGINEER because 14 7 � clans have been made against OWNER on account of CONTRACTORS performance or tarnishing of the Work 1476 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 1477 there are other items entitling OWNER to a set off against the amount recommended, or 1478 OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14 7 1 through 14 7 3 or paragraphs 15 2 1 through 15 2 4 inclusive but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corects to OWNERS satisfaction the reasons for such action Substannal Completion 148 When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the enure Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER Issue a certificate of Substamtal Completion Within a reasonable time thereafter OWNER CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion if ENGINEER does not consider the Work substantially complete ENGINEER will notify CONTRACTOR in writing giving the reasons therefor It ENGINEER 30 E]CDC GENERAL CONDITIONS 1910 a (1990 Emum) w CITY OF FORT COLLINS MODIFICATIONS(RIN 42000) 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 wntten 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 OWNERS 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 witting and so inform ENGINEER in writing prior to ENGINEERS issuing the definitive certificate of Substantial Completion ENGINEERS aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 149 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 Int. Partial Utilization 1410 Use by OWNER at OWNERS option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents or (u) 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 CONTRACTORS performance of the remainder of the Work may be accomplished prior to Substantial Completion of all the Work subject to the following 14 10 1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete If CONTRACTOR agrees that such part of the Work is substantially complete CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER roes not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor If ENGINEER considers that part of the Work to be substantially complete the provisions of paragraphs 14 8 and 14 9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto 14 10 2 No occupancy or separate operation of Fart of the Wok will be accomplished prior to compliance with the requirements of paragraph 5 15 in respect of property Insurance Final Impaction 1411 Upon written notice from CONTRACTOR that the entire Work or an agreed potion thereof its 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 its incomplete or defective CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies Find Application for Payment 1412 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules guarantees Bonds, certificates or other evidence of insurance required by paragraph 5 4 certificates of inspection, marked up record documents (as provided in paragraph 6 19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments The fowl Application for Payment shall be accompamed (except as previously delivered) by (i) all documentation called for in the Contract Documents, including but not Imtited to the evidence of insurance required by subparagraph 5413 (u) consent of the surety if any to final payment, and (tin) complete and legally effective releases or warvers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work In lieu of such releases or warvers of Liens and as approved by OWNER CONTRACTOR may fiunish 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 (tin) all payrolls material and equipment hills, and other indebtedness connected with the Work for which OWNER or OWNERS property might many way be responsible have beenpand or otherwise satisfied If any Subcontractor or Supplier fails E1CDC GENERAL CONDITIONS 19104 (1990 Edbtim) wi CFT OF FORT COLLINS MODIFICATIONS(REV42000) to furnish such a release or receipt in full CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnity OWNER against any Lien Releases o waivers of liens and the consent of the surep to finalize payment are to be submitted on forms confomtm¢ to the format of the OWNER S standard forms bound in the Prgect manual Final Payment and Acceptance 1413 If on the basis of ENGINEERS 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 CONTRACTORS 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 ENGINEERS 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 1415 Otherwise ENGINEER will return the Application to CONTRACTOR indicating in writing the reasons for refusing to recommend final payment In which case CONTRACTOR shall make the necessary corrections and resubmit the Application Thirty days alter presentation to OWNER of the Application and accompanying documentation, in appropriate fort and substance and with ENGINEERS recommendation and notice of acceptability the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 1762 of these General Conditions 1414 K through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms OWNER shall upon receipt of CONTRACTORS final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that potion 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 retarnage stipulated in the Agreement, and if Bonds have been burnished 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 Waver of Claims 1415 The makmg and acceptance of final payment will constitute 14 IU 1 a waiver of all clams by OWNER against CONTRACTOR, except clams ansing from unsettled Liens, from defective Wok appearing after 31 final mspection pursuant to paragraph 14 11 from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTORS continuing obligations under the Contract Documents and 1415 2 A waiver of all clams 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 151 At any time and without cause OWNER may suspend the Work or any portion thereof for a period of not more than mnety da}s by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Tunes, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12 OWNER May Terminate 152 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 paragraph20 as adjusted from time to time pursuant to paragraph 6 6) 1522 if CONTRACTOR disregards Laws or Regulations of any public body havingjunsdiction. 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 alter giving CONTRACTOR (and the surety if any) seven days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTORS tools appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without Itabilitv to CONTRACTOR for trespass or conversion) incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid 32 EICDC GENERAL CONDITIONS 1910-8(1990Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4ld000) 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 fimshed If the unpaid balance of the Contract Price exceeds all clams, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such clams, costs, losses and damages exceed such unpaid balance CONTRACTOR shall pay the difference to OWNER Such clams costs, losses and damages mcurred 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 lance for the Work perform ed 153 Where CONTRACTORS services have been so terminated by OWNER the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability, 154 Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement In such case CONTRACTOR shall be paid (without duplication of any items) 15 4 1 for completed and acceptable Wok 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 farmshmg 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 1543 for all clams, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others and 1544 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 ansmg out of or resulting from such termination CONTRACTOR May Stop Work or Ternunate 155 It 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 thinv days 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 terms as provided in paragraph 15 4 In lieu of terminating the Agreement and without prejudice to any other right or remedy if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon The provisions of this paragraph 155 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 CONTRACTORS stopping Work as permitted by tlusparagmph 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 anse 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 resolvmg such disputes has been reached and subject to the provisions of paragraphs 9 10 9 11 and 912 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 171 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 its intended, or if delivered at or sent by registered or certified mail postage prepaid, to the last busmess address known to the giver of the notice 172 ContpurahonofTune 17 21 When any period of time is referred to in the Contract Documents by days it will be wmputed 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 EICDC GENERAL CONDITIONS 1910-8 (1990 ENtian) w1 CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 17 2 2 A calendar day of twenty four hours measured from midnight to the next midnight will constitute a day Nonce of Clam 173 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 partys employees or agents or others for whose acts the other party is legally liable claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage The provisions of this paragraph 17 3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose Cumul"ve Remedies 174 The duties and obligations unposed 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 unposed upon CONTRACTOR by paragraphs612 616 630 631 632 131 1312 1314 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 Im twim of any rights and remedies available to any or all of them which are otherwise unposed 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 inthe Contmet Docum ents ui connection with each particular duty obligation, right and remedy to which they apply Professional Fees and Court Cosfs Included. 175 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 176 The laws of the State of Colorado awly to this Agreement Reference to two Pertinent Colorado statutes are as follows 1762 If a claim is filed OWNER is required by law (CRS 38 26 107) to withhold from all payinents m CONTRACTOR sufficient funds to insure the Payment of all clans for labor, materials team lure sustenance Provisions, provender, or other supplies used or consumed by CONTRACTOR or In 33 E]CDC GENERAL CONDITIONS 1910 B (1990 EdNnm) 34 w/CITY OF FORT COLLINS MODIFICATIONS(REV6/1000) (T}us page left blank Intentionally ) EJCDC GENERAL CONDITIONS 1910E (1990 Editim) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) whom he has reasonable objection The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work 11 0 BID FORM 11 1 A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder A separate unbound copy is enclosed for submission with the Bid 11 2 Bid Forms must be complete in ink or typed All lump sum prices on the form must be stated in words and numerals in case of conflict, words will take precedence Unit prices shall govern over extensions of sums 11 3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary The corporate address and state of incorporation shall be shown below the corporate name 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 Rev 10/20/07 Section 00100 Page 5 EJCDC GENERAL CONDITIONS 1910-8 (1990 EdNlw0) 36 W CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) ENEMIT GC -A to General Conditions of the Construction Contract Betneen OWNER and CONTRACTOR UI 65 an ION Rwe) ILl111(OeFCela d DOIDie Ii OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties 161 All clams, 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 bat a 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 Amencan 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 ENGINEERS decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been rnittated, such decision may be entered as evidence but will not supersede the arbitration proceedmgs, 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 10 163 Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the Amencan Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16 2 as applicable and in all other cases within a reasonable time after the clan dispute or other matter in question has anseri and in no event shall an} 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 EICDC GENERAL CONDITIONS 1910 8 (1990 Edam) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 164 Except m provided in paragraph 16 5 below no arbitration arming out of or relating to the Contract Documents shall include by conschdation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEERS Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless 164 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 1642 such other person or entry 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 165 Notwithstanding paragraph 16 4 if a claim dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder CONTRACTOR shall include in all subcontracts required by paragraph 6 11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor Nothing in this paragraph 16 5 nor in the provision of such subcontract consenting to joinder shall create anv clan right a cause of action in fator of Subcontractor and against OWNER ENGINEER or ENGINEER s Consultants that does not otherwise exist 166 The award rendered by the arbitrators will be final judgment may be entered upon it many court having jurisdiction thereof, and it will not be subject to modification or appeal 167 OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims disputes and other matters in question between them arrang out of or relating to the Contract Documents or the breach thereof ( disputes ) to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them mutating against the other a demand for arbitration pursuant to paragraphs 16 1 through 16 6 unless delay in m hatrng arbitration would mrevocebly prejudice one of the parties The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16 2 and 16 3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed GC At ESCDC GENERAL CONDITIONS I910 8 (1990 R(bW.) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) GC Al 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 N/A 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 N/A SC-5 4 8 Limits of Liability A Add the following language at the end of paragraph 5 4 8 The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows Rev 10/20/07 Section 00800 Page 1 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-12 3 Add the following language to the end of paragraph 12 3 Contractor will include in the project schedule Five (5) days lost due to abnormal weather conditions Rev 10/20/07 Section 00800 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment Rev 10/20/07 SECTION 00950 CHANGE ORDER NO PROJECT TITLE CONTRACTOR Soderberg Masonry, Inc 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 0 % OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0 00 (Assuming all change orders approved) ACCEPTED BY DATE Contractor's Representative ACCEPTED BY DATE Project Manager REVIEWED BY DATE Title APPROVED BY DATE Title APPROVED BY DATE Purchasing Agent over $30,000 cc City Clerk Contractor Project File Architect Engineer Purchasing Rev 10/20/07 Section 00950 Page 1 NUMBER 1 2 3 OWNER ENGINEER City of Fort Collins CHANGE ORDERS DATE AMOUNT APPLICATION FOR PAYMENT APPLICATION PROJECT NUMBER APPLICATION DATE PERIOD BEGINNING CONTRACTOR PERIOD ENDING PROJECT NUMBER Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as follows Original Contract Amount Net Change by Change Order Current contract Amount Total Completed and Stored to Date Less Previous Applications Amount Due this Application Before Retainage Less Retainage Net Change by Change Order $0 00 I AMOUNT DUE THIS APPLICATION CERTIFICATION The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14 3 of the General Conditions of the Contract The above Amount Due This Application is requested by the CONTRACTOR Date By Payment of the above Amount Due This Application is recommended by the ENGINEER Date By Payment of the above Amount Due This Application has been reviewed by the OWNERS Project Manager Date By Payment of the above Amount Due This Application is approved by the OWNER Section 00960 1 OF 4 $0 00 $0 00 $0 00 Rev 10/20/07 Section 00960 Page 1 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Completed Work Completed Work Completed Stored This To Bid Month Previous Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty Amount Qty Amount Qty Amount Period To Date Billed $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTALS $0 00 $0 00 $0 00 $0 00 $0 00 Section 00960 Paqe 2 13 0 SUBMISSION OF BIDS 13 1 Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No , and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430 If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it 13 2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum Bids received after the time and date for receipt of Bids will be returned unopened Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids 13 3 Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration 13 4 No Bidder may submit more than one Bid Multiple Bids under different names will not be accepted from one firm or association 14 0 MODIFICATION AND WITHDRAWAL OF BIDS 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 Rev 10/20/07 Section 00100 Page 6 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount City Amount Qty Amount Qty Amount Period Date Billed $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTALS CHANGE ORDERS $0 00 $0 00 $0 00 $0 00 $0 00 PROJECT TOTALS $0 00 $0 00 $0 00 $0 00 $0 00 Section 00960 Pacle 3 STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 4 OF 4 On Hand This Application $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTALS $0 00 $0 00 $0 00 $0 00 Section 00960 Paqe 4 TABLE OF CONTENTS TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REOUIREMENTS Schedule of Drawings Section 01000 Project Summary Section 01100 Summary of Work Section 01160 Site Conditions Section 01290 Measurement and Payment Section 01300 Coordination and Project Meetings Section 01310 Construction Schedules Section 01330 Shop Drawings Product Data and Samples Section 01340 Survey Data Section 01450 Quality Control and Testing Section 01500 Temporary Controls Section 01510 Temporary Utilities Section 01570 Traffic Control Section 01600 Material and Equipment Section 01700 Contract Close Out Section 01800 Definition of Bid Items DIVISION 3 CONCRETE Section 03310 DIVISION 4 MASONRY Section 04100 Section 04220 DIVISION 9 FINISHES Section 09900 City of Fort Collins Park Planning and Development Cementitious Coating Mortar and Masonry Grout Concrete Unit Masonry Painting Table of Contents Page 1 of 1 DMSION 1 SECTION 01000 — PROJECT SUMMARY PART GENERAL 101 Scope A This section contains general requirements that are applicable to this project 102 Description of Work A The Contractor shall provide all labor materials and equipment necessary to perform the work items called for on the bid schedule 103 City Furnished Materials A None 104 Conditions of Work A Area of Work The Contractor shall confine his operations to the immediate work area Material storage shall be confined to areas shown on the Drawings or designated by the City B Regulations The Contractor shall comply with all applicable Federal State and local regulations pertaining to safety traffic control fire prevention erosion control and environmental protection C Working Hours The Contractors working hours shall be between 7 00 a in and 5 00 p in with no work on weekends or Federal holidays unless otherwise approved by the City D Material Storage The Contractors material and equipment storage site shall be limited to the area of the project site The area shall be kept orderly and free of litter 105 Project Cleanup A The Contractor is responsible to maintam the construction site in a clean and orderly condition from the start of the project to completion Daily cleanups are required 1 The City may require Contractor to perform cleanup within 100 feet of the progress of the work and perform cleanup of the site daily prior to work stoppage B Store volatile wastes in covered containers and dispose off site 1 Provide on site covered containers for the collection of waste materials debris and rubbish 2 Neatly store construction materials such as concrete forms when not in use C Wastes shall not be buried or burned on the site or disposed of into storm drams sanitary sewers streams or waterways D At project completion the Contractor shall remove all equipment materials and debris from the site including toilets and dumpsters Areas around work sites shall be cleaned with dirt and grass surfaces raked clean of any slag from the Contractor s operations Broom clean exterior paved surfaces Remaining dirt and fill material shall be removed or may be scattered with the approval of the City 106 Trash Removal A All non salvageable items and trash shall be hauled off the site and disposed of in accordance with applicable state and local regulations Items shall be transported in tarp covered or closed vehicles Any materials dropped or blown off vehicles shall be picked up immediately by Contractor City of Fort Collins SECTION 01000 — PROJECT SUMMARY Park Planning & Development Division Page 1 of 4 107 Verification of Dimensions A The Contractor shall be responsible for the coordination and proper relation of the work He shall field venfy all dimensions and advise the City of any discrepancies prior to proceeding with that phase of the work 108 Fire Hydrants A Fire Hydrant Connections City s permission is required for connection to fire hydrants Only compatible adapters shall be utilized for hydrant connections A gate valve shall be provided and installed by the Contractor between the hydrant and supply hoses to control flow Connection shall include backflow protection Temporary connections to fire hydrants shall he disconnected at the end of each working day No quick closing valves such as plug or butterfly valves will he used 109 Outages A Utility outages necessitated by the work shall be requested in writing at least fifteen (15) working days prior to the proposed outage The request shall be directed to the City and shall stipulate the specific utility system(s) and circuits to be affected the location of the work the time at which the shutdown will occur and the duration of the outage for each system Outages shall be kept to a minimum both in number and in duration Where multiple outages are required as many outages as can be accurately scheduled shall he submitted as a group 1 10 Fill Material A Excess fill material including rock gravel sod broken concrete or asphalt plaster etc shall be hauled off the site and disposed of in accordance with applicable State and local regulations B Additional fill material if required shall be hauled to the site from off the site as a necessary part of the work Material composition shall be subject to the requirements of the specifications 111 Parking A Parking of the Contractors vehicles shall be restricted to an area designated by the City 112 Telephone A Business Telephone At the beginning of construction the Contractor shall provide the City with a telephone number at which the Contractor or his representative may be contacted at any time during regular working hours The Contractor shall also provide a phone number for after duty hours contact 1 13 Sanitary Provisions A The Contractor shall provide temporary toilets for the use of construction personnel Location type proposed maintenance etc shall be approved by the City prior to placing toilets Temporary toilets shall be removed at the completion of construction and the adjacent area restored to the condition existing prior to the start of construction or as indicated on the plans 1 14 Pollution Abatement A Transporting materials to or from the site shall be accomplished in a manner preventing materials or particles from becoming airborne Earth materials shall be covered wetted or otherwise protected Gravel sand and concrete shall be contained within vehicles to prevent spillage B Prevent the deposit of dirt mud or debris on improved streets and roads and remove all should such deposition occur C Burning of any material on site is prohibited D Stream beds lakes drainage ways sanitary and storm sewers etc shall not be polluted by fuels oils bitumen acids or other harmful materials Surface drainage from the construction site which contains harmful amounts of sediment shall not be allowed to dram onto adjacent areas All grading shall be accomplished to allow sedimentation to settle out prior to flowing onto adjacent areas City of Fort Collins SECTION 01000 — PROJECT SUMMARY Park Planning & Development Division Page 2 of 4 E Flushing of concrete trucks is allowed only at the project site or the designated contractor storage area with the responsibility of control and cleanup resting with the Contractor F Toxic corrosive and flammable materials for construction other than specified shall not be used without prior approval of the City of Fort Collins When approved disposal of these materials or their containers will be off site and conform to state and federal regulations 115 Protection of Property A Initiate maintain and supervise necessary protection to prevent damage injury or loss to 1 The Work and materials and equipment to be incorporated in the project whether in storage on or off the site and 2 Property at the site or adjacent thereto including fences patios driveways sidewalks pavement trees shrubs lawns walks structures utilities and underground facilities not designated for removal relocation or replacement in the course of construction B Maintain protect and support existing utilities and other appurtenances against damage by shoring bracing or other means C Do not stockpile excavated material against existing appurtenances 116 Survey Requirements A Contractor shall be responsible for construction staking necessary for proper and accurate completion of the work covered by this contract The Contractor shall provide experienced instrument personnel competent assistants and such instruments tools stakes and other materials required to complete the survey layout and measurement Work Survey work shall be performed under the direction of a licensed professional surveyor in the State of Colorado In addition Contractor shall furnish without charge competent personnel and such tools stakes and other materials as Engineer may require in checking survey layout and measurement Work performed by the Contractor B All work shall be performed to the lines grades and elevations shown on the Drawings When construction falls within the following tolerances the installation will be acceptable to the Owner with respect to the lines and grades If the tolerances are not met the Contractor shall be responsible for performing modifications to the facilities to bring the project components into the tolerances Description Horizontal location of structures & playground features Horizontal location of paved areas & underground installations Horizontal location of grading & surface features (i a berms swales etc ) Vertical elevation of structures & playground features Vertical elevation of paved areas Vertical elevation of underground installations Vertical elevation of grading & surface features (i a berms swales etc ) Maximum Permissible Deviation from Alignment and Elevation shown on the Drawings 0 05 feet 0 10 feet 0 50 feet 0 05 feet 0 05 feet 0 05 feet 0 10 feet City of Fort Collins Park Planning & Development Division SECTION 01000 — PROJECT SUMMARY Page 3 of 4 C Contractor shall remove and reconstruct Work that is improperly located Horizontal and vertical alignments shall be checked regularly as the Work progresses Contractor shall report results to the Engineer D If the construction survey uncovers any discrepancies the Contractor shall notify the Engineer in writing prior to construction proceeding If the Contractor proceeds with work that includes apparent discrepancies without resolution by the Engineer he assumes full responsibility for any subsequent necessary modifications 1 17 Construction Superintendent A The construction superintendent shall beat the Job site anytime work is being accomplished by any of the trades per General Conditions including but not limited to Article 6 PART 2 MATERIALS (Not Applicable) PART 3 EXECUTION (Not Applicable) PART 4 MEASUREMENT & PAYMENT (Not Applicable) END OF SECTION City of Fort Collins SECTION 01000 - PROJECT SUMMARY Park Planning & Development Division Page 4 of 4 DIVISION 1 SECTION 01100 -SUMMARY OF WORK PART GENERAL 101 Description of Work A The contract documents provide for construction of masonry work expanded metal ceiling and CMU block painting for two concrete three wall handball courts B Protection and Restoration 1 Replace to equal or better conditions all items removed and replaced or damaged during construction Restore all areas disturbed to match surrounding surface conditions 102 Notices to Private Owners and Authorities A Notify private owners of adjacent property utilities affected governmental agencies and school district when execution of the work may affect them B Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services C Contact utilities at least 48 hours prior to excavating near underground utilities D Contact all agencies at least 72 hours prior to start of construction Notify all agencies of the proposed scope of work schedule and any items that would affect their daily operation E Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractors convenience Water City of Fort Collins Colorado 221 6681 Storm Sewer City of Fort Collins Colorado 221 6605 Sanitary Sewer City of Fort Collins Colorado 221 6681 Electrical City of Fort Collins Colorado 482 5922 221 8553 Gas Public Service Company of Colorado 482 5922 221 8553 Telephone U S West Communications 484 0300 226 6310 Roads City of Ft Collins Colorado 221 6815 Cable Television — AT&T Cable Services 493 7400 Utility Locates One call System 1 800 922 1987 Safety Occupational Safety and Health Administration (OSHA) 844 3061 Fire Poudre Fire Authority Non Emergency 221 6581/ Emergency 911 Police City of Fort Collins Police Department Non Emergency 221 6550 / Emergency 911 Lartmer County Sheriffs Department Non Emergency 221 7177 Postmaster United States Postal Service 482 2837 Ambulance Poudre Valley Hospital Non Emergency 484 1227 / Emergency 911 Public Transportation Trans Fort 221 6620 Traffic Control Traffic Engineering 221 6815 City of Fort Collins SECTION 01100 — SUMMARY OF WORK Park Planning & Development Division Page 1 of 2 PART 2 MATERIALS (Not Used) PART 3 EXECUTION (Not Used) PART 4 MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION 01100 — SUMMARY OF WORK Park Planning & Development Division Page 2 of 2 DIVISION 1 SECTION 01160—SITE CONDITIONS PART 1 SITE INVESTIGATIONS AND REPRESENTATION 101 General Investigations A The Contractor acknowledges that he has satisfied himself as to the nature and location of the work the general and local conditions particularly those bearing upon access to the site handling storage and disposal of materials availability of water electricity and roads uncertainties of weather or similar physical conditions at the site the conformation and conditions of the ground the equipment and facilities needed preliminary to and during the execution of the work and all other matters which can in any way affect the work or the cost thereof under this Contract 102 Soil Conditions A The Contractor further acknowledges that he has satisfied himself as to the character quality and quantity of surface and subsurface materials to be encountered from his inspection of the site and from reviewing any available records of exploratory work furnished by the Owner or included in these Documents Failure by the Contractor to acquaint himself with the physical conditions of the site and all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the work 103 Contractor Representation A The Contractor warrants that as a result of his examination and investigation of all the aforesaid data that he can perform the work in a good and workmanlike manner and to the satisfaction of the Owner The Owner assumes no responsibility for any representations made by any of its officers or agents during or prior to the execution of this Contract unless (1) such representations are expressly stated in the Contract and (2) the Contract expressly provides that the responsibility therefore is assumed by the Owner PART 2 INFORMATION ON SITE CONDITIONS 2 01 General Any information obtained by the Engineer regarding site conditions subsurface information groundwater elevations existing construction of site facilities and similar data will be available for inspection as applicable at the office of the Engineer upon request Such information is offered as supplementary information only Neither the Engineer nor the Owner assumes any responsibility for the completeness or interpretation of such supplementary information A Differing Subsurface Conditions 1 In the event that the subsurface or latent physical conditions are found materially different from those indicated in these Documents and differing materially from those ordinarily encountered and generally recognized as inherent in the character of work covered in these Contract Documents the Contractor shall promptly and before such conditions are disturbed notify the Owner in writing of such changed conditions The Engineer will investigate such conditions promptly and following this investigation the Contractor shall proceed with the work unless otherwise instructed by the Engineer If the Engineer finds that such conditions do so materially differ and cause an increase or decrease in the cost of or in the time required for performing the work the Engineer will recommend to the Owner the amount of adjustment in cost and time he considers reasonable The Owner will make the final decision on all Change Orders to the Contract regarding any adjustment in cost or time for completion City of Fort Collins SECTION 01160-SITE CONDITIONS Park Planning & Development Division Page 1 of 3 16 0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date 17 0 AWARD OF CONTRACT 17 1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum 17 2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award 17 3 OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials 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, Rev 10/20/07 Section 00100 Page 7 B Underground Utilities 1 Known utilities and structures adjacent to or encountered in the work are shown on the Drawings The locations shown are taken from existing records and the best information available from existing utility plans however it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown Those shown are for the convenience of the Contractor only and no responsibility is assumed by either the Owner or the Engineer for their accuracy or completeness PART 3 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE 3 01 General A Where the Contractors operations could cause damage or inconvenience to railway telegraph telephone television oil gas electricity water sewer or irrigation systems the operations shall be suspended until all arrangements necessary for the protection of these utilities and services have been made by the Contractor B Notify all utility offices which are affected by the construction operation at least 48 hours in advance Under no circumstances expose any utility without first obtaining permission from the appropriate agency Once permission has been granted locate expose and provide temporary support for all existing underground utilities C The Contractor shall protect all utility poles from damage If interference of power poles telephone poles guy wires or anchors are encountered notify the Owner s Representative and the appropriate utility company at least 48 hours in advance of construction operations to permit the necessary arrangements for protection or relocation of the interfering structure D The Contractor shall be solely and directly responsible to the Owner and operators of such properties for any damage injury expense loss inconvenience delay suits actions or claims of any character brought because of any injuries or damage which may result from the construction operations under this Contract E Neither the Owner nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractors failure to protect utilities encountered in the work F If the Contractor while performing the Contract discovers utility facilities not identified in the Drawings or Specifications he shall immediately notify the Owners and the utility in writing G In the event of interruption to domestic water sewer storm dram or other utility services as a result of accidental breakage due to construction operations promptly notify the proper authority Cooperate with said authority in the restoration of service as promptly as possible and bear all costs of repair In no case shall interruption of any water or utility service be allowed to exist outside working hours unless prior approval is granted H The Contractor shall replace at his own expense any and all other existing utilities or structures removed or damaged during construction unless otherwise provided for in these Contract Documents or ordered by the Engineer 3 02 Interfering Structures A Take necessary precautions to prevent damage to existing structures whether on the surface aboveground or underground An attempt has been made to show major structures on the Drawings The completeness and accuracy cannot be guaranteed and it is presented simply as a guide to avoid known possible difficulties 3 03 Field Relocation A During the progress of construction it is expected that minor relocations of the work will be necessary Such relocations shall be made only by direction of the Owner s Representative If existing structures are encountered that prevent the construction and that are not properly shown on the Drawings notify the Owner s Representative before continuing with the construction in order that the Owner s Representative may make such field revision as necessary to avoid conflict with the existing structures City of Fort Collins SECTION 01160 — SITE CONDITIONS Park Planning & Development Division Page 2 of 3 If the Contractor shall fail to so notify the Owner s Representative when an existing structure is encountered and shall proceed with the construction despite the interference he shall do so at his own risk 304 Easements A Easements and permits will be obtained by the Owner where portions of the work are located on public or private property Easements will provide for the use of the property for construction purposes to the extent indicated on the easements Copies of these easements and permits are available upon request to the Owner It shall be the Contractors responsibility to determine the adequacy of the easement obtained in every case and to abide by all requirements and provisions of the easement The Contractor shall confine his construction operations to within the easement limits or make special arrangements with the property owners or appropriate public agency for the additional area required Any damage to property either inside or outside the limits of the easements provided by the Owner shall be the responsibility of the Contractor as specified herein The Contractor shall remove protect and replace all fences or other items encountered on public or private property Before final payment will be authorized by the Owner s Representative the Contractor will be required to furnish the Owner with written releases from property owners or public agencies where side agreements or special easements have been made by the Contractor or where the Contractors operations for any reason have not been kept within the construction right of way obtained by the Owner B It is anticipated that the required easements and permits will be obtained before construction is started However should the procurement of any easement or permit be delayed the Contractor shall schedule and perform the work around these areas until such a time as the easement or permit has been secured 3 05 Land Monuments A The Contractor shall notify the Owner s Representative of any existing Federal State Town County and private land monuments encountered Private monuments shall be preserved or replaced by a licensed surveyor at the Contractors expense When Government monuments are encountered the Contractor shall notify the Owner s Representative at least two (2) weeks in advance of the proposed construction in order that the Owner s Representative will have ample opportunity to notify the proper authority and reference these monuments for later replacement END OF SECTION City of Fort Collins SECTION 01160 — SITE CONDITIONS Park Planning & Development Division Page 3 of 3 DIVISION 1 SECTION 01290 - MEASUREMENT AND PAYMENT PART GENERAL 101 Description A This section covers the methods employed in determining the payment due for work completed under this contract B The bid price should cover all work required by this contract based upon the quantities outlined in the bid form C Where actual quantities differ from those outlined in the bid form unit prices as stipulated in the bid form shall be utilized to compute payment D Where unit prices are not set forth on specific work that work shall be considered a subsidiary obligation of the Contractor E Quantities given in the bid form are estimates for the purpose of evaluating bids consequently some difference may arise in actual and bid quantities 102 Lump Sum Prices A Where lump sum (LS) prices are given for an item in the bid schedule or for items added during construction by change order the price will include all materials labor overhead and any other cost incurred to complete the construction of the item in accordance with the plans and specifications B All unit prices for each item shall include its pro rats share of profits taxes and overhead and are for the items installed in place maintained and guaranteed Including these factors unit prices must accurately reflect actual costs Unit prices are to be valid for the life of the contract PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION City of Fort Collins SECTION 01290 — MEASUREMENT AND PAYMENT Park Planning & Development Division Page 1 of 1 DIVISION 1 SECTION 01300 — COORDINATION AND PROJECT MEETINGS PART GENERAL 101 General A In order to provide for an orderly progression of work all parties involved in the construction will meet at various times during the project to discuss pertinent items regarding the work B Coordinate operations under contract in a manner that will facilitate progress of the Work C Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations that affect the service of such utilities agencies or public safety 102 Conferences A The pre construction conference will be held at a time to be determined by the Owner after the award of the contract and prior to the issuance of the Notice to Proceed The meeting will involve the Owner the Engineer the Contractor and representatives of the owners of utilities and other properties that will be directly affected by the work Among the Contractor s representative on the site The Contractor will have a complete construction schedule ready for review at the time of the pre construction conference B Hold conferences for coordination of the Work when necessary C The City may hold coordination conferences to be attended by all involved when Contractors operations affects or is affected by the work of others 103 Progress Meetings A Contractor and the City shall schedule and hold regular progress meetings at least weekly and at other times as requested by the City or required by the progress of the Work B Attendance shall include 1 Contractor and Superintendent 2 Owners Representative 3 Landscape Architect 4 Others as may be requested by contractor Landscape Architect or Owner C Minimum Agenda shall include 1 Review of work progress since last meeting 2 Identification and discussion of problems affecting progress 3 Review of any pending change orders 4 Revisions of Construction Schedule as appropriate 104 Job Site Administration A Contract administration and construction observation services will be provided by the Owner The Owner will make decisions regarding changes in the work and adjustments in contract quantities and/or unit prices END OF SECTION City of Fort Collins SECTION 01300 — COORDINATION AND PROJECT MEETINGS Park Planning & Development Division Page 1 of 1 DIVISION 1 SECTION 01310 CONSTRUCTION SCHEDULES PART 1 GENERAL 101 General A Prepare detailed schedule of all construction operations and procurements after review of tentative schedule by parties attending the pre construction conference No work is to begin at the site until City s acceptance of the Construction Schedule B For special restrictions on float and time extensions reference is made to the Agreement C Milestones 1 Substantial completion by August 1 2008 2 The following items shall be indicated on the schedule with completion dates a Masonry Block Work b Expanded Metal Ceiling c Painting 102 Format and Submissions A Prepare Construction and Procurement schedules in a graphic format suitable for displaying schedule and actual progress B Submit two copies of each schedule to owner for review Owner will return one copy to contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others 103 Progress Revisions A Subnut revised schedules and reports when changes are foreseen when requested by City and with each application for progress payment B Show changes occurring since previous submission 1 Actual progress of each item to date 2 Revised projections of progress and completion C Provide a narrative report as needed to define 1 Anticipated problems recommended actions and their effects on the schedule 2 The effect of changes on schedules of other work 104 City's Responsibility A City s review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project B It is not to be construed as relieving Contractor from any responsibility to determine the means methods techniques sequences and procedures of construction as provided in the General Conditions PART 2 MATERIALS (Not Used) PART 3 EXECUTION (Not Used) PART 4 MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION 01310 — CONSTRUCTION SCHEDULES Park Planning & Development Division Page 1 of 1 DIVISION 1 SECTION 01330 — SHOP DRAWINGS, PRODUCT DATA AND SAMPLES PART GENERAL 101 Shop Drawings A Submit newly prepared information drawn accurately to scale Highlight encircle or otherwise indicate deviations from the Contract Documents Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings Standard information prepared without specific reference to the Project is not a Shop Drawing B Shop Drawings include fabrication and installation Drawings setting diagrams schedules patterns templates and similar Drawings Include the following information 1 Dimensions 2 Identification of products and materials included by sheet and detail number 3 Compliance with specified standards 4 Notation of coordination requirements 5 Notation of dimensions established by field measurement 6 Sheet Size Except for templates patterns and similar full size Drawings submit Shop Drawings on sheets at least 8 1/2 by I I inches but no larger than 24 by 36 inches 7 Submittal Submit 3 blue or black line prints and 2 additional prints where required for maintenance manuals plus the number of Prints needed by the Contractor for distribution The Owner s Representative will retain 2 prints and return the remainder a One of the prints returned shall be marked up and maintained as a Record Document 8 Do not use Shop Drawings without an appropriate final stamp indicating action taken 102 Product Data A Collect Product Data into a single submittal for each element of construction or system Product Data includes printed information such as manufacturers installation instructions catalog cuts standard color charts roughing in diagrams and templates standard wiring diagrams and performance curves 1 Mark each copy to show applicable choices and options Where printed Product Data includes information on several products that are not required mark copies to indicate the applicable information Include the following information a Manufacturer s printed recommendations b Compliance with trade association standards c Compliance with recognized testing agency standards d Application of testing agency labels and seals e Notation of dimensions verified by field measurement f Notation coordination requirements 2 Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed 3 Preliminary Submittal Submit a preliminary single copy of Product Data where selection of options is required City of Fort Collins SECTION 01330 -SHOP DRAWINGS PRODUCT DATA AND SAMPLES Park Planning & Development Division Page 1 of 3 Submittals Submit 2 copies of each required submittal submit 4 copies where required for maintenance manuals plus additional copies as needed by the Contractor for distribution The Owner will retain one and will return the other marked with action taken and corrections or modifications required Distribution Furnish copies of final submittal to installers subcontractors suppliers manufacturers fabricators and others required for performance of construction activities Show distribution on transmittal forms a Do not proceed with installation until a copy of Product Data is in the Installer s possession b Do not permit use of unmarked copies of Product Data in connection with construction 103 Samples A Submit full size full fabricated Samples cured and finished as specified and physically identical with the material or product proposed Samples include partial sections of manufactured or fabricated components cuts or containers of materials color range sets and swatches showing color texture and pattern 1 Mount or display Samples in the manner to facilitate review of qualities indicated Include the following a Specification Section number and reference b Generic description of the Sample c Sample source d Product name or name of the manufacturer e Compliance with recognized standards f Availability and delivery time 2 Submit Samples for review of size kind color pattern and texture Submit Samples for a final check of these characteristics with other elements and a comparison of these characteristics between the final submittal and the actual component as delivered and installed a Where variation in color pattern or other characteristic is inherent in the material or product represented submit at least 3 multiple units that show approximate limits of the variations b Refer to other Specification Sections for requirements for Samples that illustrate workmanship fabrication techniques details of assembly connections operation and similar construction characteristics c Refer to other Sections for Samples to be returned to the Contractor for incorporation in the Work Such Samples must be undamaged at time of use On the transmittal indicated special requests regarding disposition of Sample submittals d Samples not incorporated into the Work or otherwise designated as the Owner s property are the property of the Contractor and shall be removed from the site prior to Substantial Completion I Preliminary Submittals Submit a full set of choices where Samples are submitted for selection of color pattern texture or similar characteristics from a range of standard choices The Owner will review and return preliminary submittals with the Owner s notation indicating selection and other action 4 Submittals Except for Samples illustrating assembly details workmanship fabrication techniques connections operation and similar characteristics submit 3 sets The Owner will return one set marked with the action taken 5 Maintain sets of Samples as returned at the Project Site for quality comparisons throughout the course of construction City of Fort Collins SECTION 01330 —SHOP DRAWINGS PRODUCT DATA AND SAMPLES Park Planning & Development Division Page 2 of 3 a Unless noncompliance with Contract Document provisions is observed the submittal may serve as the final submittal b Sample sets may be used to obtain final acceptance of the construction associated with each set Distribution of Samples Prepare and distribute additional sets to subcontractors manufacturers fabricators suppliers installers and others as required for performance of the Work Show distribution on transmittal forms 104 Quality Assurance Submdtals A Submit quality control submittals including design data certifications manufacturers instructions manufacturers field reports and other quality control submittals as required under other Sections of the Specifications B Certifications Where other Sections of the Specifications require certification that a product material or installation complies with specified requirements submit a notarized certification from the manufacturer certifying compliance with specified requirements 1 Signature an officer of the manufacturer or other authorized individual shall sign Certification documents Inspection and Test Reports Requirements for submittal independent testing agencies are specified in Division I Sectio PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION n City o1 Fort Collins SECTION 01330 —SHOP DRAWINGS PRODUCT DATA AND SAMPLES Park Planning & Development Division Page 3 of 3 DIVISION 1 SECTION 01340 SURVEY DATA PART 1 GENERAL 101 Survey Requirements A Contractor is responsible for the layout of the Work The City will not provide surveying B Base all measurements both horizontal and vertical on established control points Verify all established control points at site prior to laying out the work C Perform layout of the Work with qualified personnel 1 At a minimum stake restroom foundation comers shelter post locations and plaveround header/curb 2 At a minimum stake concrete sidewalks. concrete Pavement and concrete headers at grade changes changes in horizontal alignment and at 25 foot stations along the sidewalk centerline D All field books notes and other data developed by Contractor in performing surveys required by the Work will be available to City for examination throughout the construction period 102 Submittals A Submit to City all survey data with other documentation required for final acceptance PART 2 MATERIALS (Not Used) PART 3 EXECUTION (Not Used) PART 4 MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION 01340 - SURVEY DATA Park Planning &Development Division Page 1 of 1 DIVISION 1 SECTION 01450 QUALITY CONTROL AND TESTING PART GENERAL 101 General A Provide such equipment and facilities as the City may require for conducting field tests and for collecting and forwarding samples Do not use any materials or equipment represented by samples until tests if required have been made and the materials or equipment are found to be acceptable Any product that becomes unfit for use after approval hereof shall not be incorporated into the work B All materials or equipment proposed to be used may be tested at any time during their preparation or use Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing Products may be sampled either prior to shipment or after being received at the site of the work C Tests shall be made by an accredited testing laboratory selected by the Owner Except as otherwise provided sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM) D Where additional or specified information concerning testing methods sample sizes etc is required such information is included under the applicable sections of the Specifications Any modification of or elaboration on these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures 102 Test Reports A Submit 2 copies of the reports of all tests made by testing laboratories plus copies to be returned to the contractor 103 City a Responsibilities A City of Fort Collins shall be responsible for and shall pay all costs in connection with the following testing 1 Soils compaction tests 2 Trench backfill 3 Pipe and structural bedding 4 Tests not called for by the Specifications of materials delivered to the site 5 Concrete mortar and grout tests 104 Contractor's Responsibilities A In addition to those inspections and tests called for in the General Conditions Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following 1 All performance and field testing specifically called for by the specifications 2 All re testing for Work or materials found defective or unsatisfactory including tests covered under 103 above 3 Testing of pipe 4 Vacuum testing of manholes 5 Concrete materials and mix designs 6 Gradation tests for embedment fill and backfill materials City of Fort Collins SECTION 01450 — QUALITY CONTROL AND TESTING Park Planning & Development Division Page 1 of 2 for sum of all schedules Only one contract will be awarded 17 6 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening 18 0 CONTRACT SECURITY The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security 19 0 SIGNING OF AGREEMENT When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification 20 0 TAXES OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work Said taxes shall not be included in the Contract Price Reference is made to the General and Supplementary Conditions 21 0 RETAINAGE Provisions concerning retainage are set forth in the Agreement 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 Rev 10/20/07 Section 00100 Page 8 7 Irrigation mainline pressure test and operational test 8 Material Substitution any test for basic material or fabrication of equipment offered as a substitution for a specified item on which a test may be required in order to prove it compliant with the specifications Nothing contained herein is intended to imply that the Contractor does not have the right to have tests performed on any material at any time for his/her own information and lob control so long as the Owner does not assume responsibility for the cost or for giving them consideration when appraising quality matenals 105 Transmittal of Test Reports A Subnut 2 copies of each report of tests and engineering data furnished by the Contractor for City Representative s review The Owner s Representative will retain one and will return the other marked with action taken and corrections or modifications required B The testing laboratory retained by the Owner will furnish three (3) copies of a written report of each test performed by laboratory personnel in the field or laboratory Two (2) copies of each test report will be transmitted to the City Representative and one (1) copy to the Contractor within seven (7) days after each test is completed 106 Contractor's Quality Control System A General The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work including that of his subcontractors to ensure conformance to the functional performance of this project This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the City Contractors control system shall specifically include all testing required by the various sections of the Specifications B Contractors quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule C Records maintain correct records on an appropriate form for all inspections and tests performed instructions received from the City and actions taken as a result of those instructions These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test nature of defects causes for rejection etc ) proposed or directed remedial action and corrective action taken Document inspections and tests as required by each section of the Specifications Provide copies to City in a reasonable time D Pipe alignment and grade is to be maintained through the use of suitable surveying instruments or laser equipment operated continuously during construction Honzontal tolerances of+ 0 3 feet and vertical tolerances of+ 0 1 feet maximum deviation from plan and construction staking are to be maintained except that visible snaking of the horizontal alignment and changes in directions of slope will not be permitted PART 2 MATERIALS (Not Used) PART 3 EXECUTION (Not Used) PART 4 MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION 01450 — QUALITY CONTROL AND TESTING Park Planning & Development Division Page 2 of 2 DIVISION 1 SECTION 01500 TEMPORARY CONTROLS 101 Noise Control A Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas B Construction machinery and vehicles shall be equipped with practical sound muffling devices and operated in a manner to cause the least noise consistent with efficient performance of the work C Cease operation of all machinery and vehicles between the hours of 6 00 p in and 7 00 a in 102 Dust Control A Dusty materials in piles or in transit shall be covered to prevent blowing B Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant I Chemical dust suppressant shall not be injurious to existing or future vegetation 103 Pollution Control A Prevent the pollution of drams and watercourses by sanitary wastes concrete sediment debris and other substances resulting from construction activities 1 Retain all spent oils hydraulic fluids and other petroleum fluids in containers for disposal off the site 2 Prevent sediment debris or other substances from entering sanitary sewers storm drains and culverts 104 Erosion Control A Take such measures as are necessary to prevent erosion of soil that night result from construction activities 1 Measures in general will include a Control of runoff b Trapping of sediment c Minimizing area and duration of soil exposure d Temporary materials such as hay bales sandbags plastic sheets nprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities B Preserve natural vegetation to the greatest extent possible C Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion D Comply with the City of Fort Collins Storm Drainage Erosion Control Manual END OF SECTION City of Fort Collins SECTION 01500 — TEMPORARY CONTROLS Park Planning & Development Division Page 1 of 1 DMSION 1 SECTION 01510 -TEMPORARY UTILITIES PART GENERAL 101 Utilities A Furnish all utilities necessary for construction including but not limited to temporary electric power and pay all cost associated with utilities during and used for the contract period All temporary utilities installation shall meet the construction safety requirements of OSHA State and local governing agencies 102 Water A Contractor is responsible for obtaining water for construction and shall pay all costs associated with establishing a temporary meter used during construction 103 Sanitary Facilities A Furnish temporary sanitary facilities at the site in the vicinity of the construction for the needs of construction workers and others performing work or furnishing services on the Project B Properly maintain sanitary facilities of reasonable capacity throughout construction periods C Enforce the use of such sanitary facilities by all personnel at the site D Obscure sanitary facilities from public view to the greatest extent practical PART 2 MATERIALS (Not Used) PART 3 EXECUTION (Not Used) PART 4 MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION 01510 TEMPORARY UTILITIES Park Planning & Development Division Page 1 of 1 DIVISION 1 SECTION 01570 TRAFFIC CONTROL PART GENERAL 101 General A Traffic Control necessary to complete the project as depicted in the plans and specifications will be provided by the Contractor and will not be paid for separately B The Contractor must submit traffic control plans and coordinate all traffic control with the City s Traffic Control Coordinator The traffic control plans must be submitted and approved 72 hours prior to starting construction and before making each modification C Conformance City of Fort Collins Work Area Traffic Control Handbook Manual of Uniform Traffic Control Devices (U S Dept of Transportation) or applicable statutory requirements of authority having jurisdiction D Limited closures may be permitted for short periods up to three days to allow installation of concrete pavement Closures must be requested and approved 72 hours prior to anticipated closure E Limited alternating one way traffic operation may be permitted during the hours from 9 00 A M to 3 30 P M One way traffic operation must be requested and approved 72 hours prior to anticipated operation F At all times Contractor must maintain two way traffic with a minimum of one lane of traffic in each direction Limited closures may be allowed G The Contractor must coordinate with adjacent residents to provide and maintain them sufficient access during the duration of the project It will be the Contractors responsibility to coordinate and communicate with the residents during construction H Keep traffic areas free of excavated material construction equipment pipe and other materials and equipment I Keep fire hydrants and utility control devices free from obstruction and available for use at all times I Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives K Provide and maintain temporary approaches or crossings at streets businesses and residences L Keep roads open and in acceptable condition unless closure or detour has been approved by City s Traffic Control Coordinator 72 hours prior to closure or detour M Define a temporary pedestrian access route for children coming from the surrounding neighborhoods This pedestrian access route shall be located outside of the project limits The pedestrian access route shall be kept free of excavated material construction equipment pipe and other materials 102 Traffic Control Plan A Submit a detailed traffic control plan to Traffic Control Coordinator for review and acceptance Plan must be accepted 72 hours prior to work commencing at the site Maintain the accepted plan throughout all phases of construction Provide copy to Owner prior to submittal 1 Notify police sheriff ambulance services and fire authorities of traffic control plan and the schedule of it Distribute copies if requested 103 Flagmen A Required where necessary to provide for public safety or the regulation of traffic or by jurisdictional authorities City of Fort Collins SECTION 01570 TRAFFIC CONTROL Park Planning & Development Division Page 1 of 2 B Shall be properly equipped and licensed 104 Warning Signs and Lights A Provide suitable barricades and warning signs for 1 Open trenches and other excavations 2 Obstructions such as material piles equipment piled embankment B Illuminate by means of warning lights all barricades and obstructions from sunset to sunrise C Protect roads and driveways by effective barricades on which are placed acceptable warning signs 105 Parking A Provide suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project so as to avoid interference with private property public traffic City s operations or construction activities Such parking shall occur on the project site or another suitable location approved by the City 106 Roadway Usage between Operations A At all times when Work is not actually in progress Contractor shall make passable and shall open to traffic such portions of the Project and temporary roadways or portions thereof as may be agreed upon between Contractor and City and all authorities having jurisdiction over any properties involved PART 2 MATERIALS (Not Used) PART 3 EXECUTION (Not Used) PART 4 MEASUREMENT & PAYMENT (Not Used) END OF SECTION Pay of Fort Collins SECTION 01570 TRAFFIC CONTROL Park Planning &Development Division Page 2 of 2 DIVISION 1 SECTION 01600 — MATERIALS AND EQUIPMENT PART GENERAL 101 Related Documents A Drawings and general provisions of the Contract including General and Supplementary Conditions and other Division 1 Specification Sections apply to this Section 102 Summary A This Section includes administrative and procedural requirements governing the Contractor s selection of products for use in the Project 103 Definitions A Definitions used in this Article are not intended to change the meaning of other terms used in the Contract Documents such as specialties systems structure finishes accessories and similar terms Such terms are self explanatory and have well recognized meanings in the construction industry 1 Products are items purchased for incorporation in the Work whether purchased for the Project or taken from previously purchased stock The term product includes the terms material equipment systems and terms of similar intent 2 Materials are products substantially shaped cut worked mixed finished refined or otherwise fabricated processed or installed to form a part of the Work 3 Equipment is a product with operational parts whether motorized or manually operated that requires service connections such as wiring or piping 104 Submittals A Product List Prepare a list showing products specified in tabular form acceptable to the Owner Include generic names of products required Include the manufacturer s name and proprietary product names for each item listed 1 Coordinate product list with the Contractor s Construction Schedule and the Schedule of Submittals 2 Form Prepare product list with information on each item tabulated under the following column headings a Related Specifications Section number b Generic name used in Contract Documents c Proprietary name model number and similar designations d Manufacturer s name and address e Supplier s name and address f Installer s name and address g Projected delivery date or time span of delivery period 3 Initial Submittal Within 30 days of date commencement of the Work submit 3 copies of an initial product list Provide a written explanation of omissions of data and for known variations from Contract requirements 4 Complete List Within 60 days after date of commencement of the Work submit 3 copies of the completed product list Provide a written explanation for omissions of data and for known variations from Contract requirements City of Fort Collins SECTION 01600 — MATERIALS AND EOUIPMENT Park Planning & Development Division Page 1 of 3 5 Owner s Action The Owner will respond in writing to Contractor within 2 weeks of receipt of the completed product list No response within this period constitutes no objection to listed manufacturers or products but does not constitute a waiver of the requirement that products comply with Contract Documents The Owner s response will include a list of unacceptable product selections containing a brief explanation of reasons for this action 105 Quality Assurance A Source Limitations To the fullest extent possible provide products of the same kind from a single source B Compatibility of Options When the Contractor is given the option of seeking between 2 or more products for use on the Project the product selected shall be compatible with products previously selected even if previously selected products were also options C Foreign Product Limitations Except under one or more of the following conditions provide domestic products not foreign products for inclusion in the Work 1 Not available domestic product complies with the Contract Documents 2 Domestic products that comply with the Contract Documents are available only at prices or terms substantially higher than foreign products that comply with the Contract Documents 106 Product Delivery Storage and Handling A Delivery store and handle products according to the manufacturer s recommendations using means and methods that will prevent damage deterioration and loss including theft 1 Schedule delivery to minimize long term storage at the site and to prevent overcrowding of construction spaces 2 Coordinate delivery with installation time to assure mimmum holding time for items that are flammable hazardous easily damaged or sensitive to deterioration theft and other losses 3 Delivery products to the site in an undamaged condition in the manufacturer s original sealed container or other packaging system complete with labels and instructions for handling storing unpacking protecting and installing 4 Inspect products upon delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected 5 Store products at the site in a manner that will facilitate inspection and measurement of quantity or counting of units 6 Store heavy materials away from the Project structure in a manner that will not endanger the supporting construction 7 Store products subject to damage by the elements above ground under cover in a weather tight enclosure with ventilation adequate to prevent condensation PART PRODUCTS 2 01 Product Selection A General Product Requirements Provide products that comply with the Contract Documents that are undamaged and unless otherwise indicated new at the time of installation B Product Selection procedures The Contract Documents and governing regulations govern product selection Procedures governing product selection include the following 1 Proprietary Specification Requirements Where Specifications name only a single product or manufacturer provide the product indicated No substitutions will be permitted 2 Semipropnetary Specification Requirements Where Specifications name 2 or more products or manufacturers or where Specifications specify products or manufacturers by name accompanied City of Fort Collins SECTION 01600 — MATERIALS AND EQUIPMENT Park Planning & Development Division Page 2 of 3 by the term or equal or or approved equal provide one of the products listed or comply with the Contract Document provisions concerning substitutions or obtain approval for use of an unnamed product 3 Nonproprietary Specification Requirements When Specifications list products or manufacturers that are available and may be incorporated in the Work but do not restrict the Contractor to use these products only the Contractor may propose any available product that complies with Contract requirements Comply with Contract Document provisions concerning substitutions to obtain approval for use of an unnamed product 4 Descriptive Specification Requirements Where Specifications describe a product or name provide a product or assembly that provides the characteristics and otherwise complies with Contract requirements 5 Compliance with Standards Codes and Regulations Where Specifications only require compliance with an imposed code standard or regulation select a product that complies with the standards codes or regulations specified 6 Visual Matching Where Specifications require matching an established Sample the Owner s decision will be final on whether a proposed product matches satisfactorily 7 Visual Selection Where specified product requirements include the phrase as selected from manufacturer s standard colors patterns textures or a similar phrase select a product and manufacturer that complies with other specified requirements The Owner will select the color pattern and texture from the product line selected PART 3 EXECUTION 3 01 Installation of Products A Comply with manufacturer s instructions and recommendations for installation of products in the applications indicated Anchor each product securely in place accurately located and aligned with other Work END OF SECTION City of Fort Collins SECTION 01600 — MATERIALS AND EQUIPMENT Park Planning & Development Division Page 3 of 3 DIVISION 1 SECTION 01700 — CONTRACT CLOSEOUT PART 1 —GENERAL 101 Related Documents A Drawings and general provisions of the Contract including general and supplementary conditions and other Division 1 specification sections apply to this section 102 Summary A This Section includes administrative and procedural requirements for contract closeout including but not limited to the following 1 Inspection procedures 2 Project record document submittal 3 Operation and maintenance manual submittal 4 Submittal of warranties 5 Final cleaning B Closeout requirements for specific construction activities are included in the appropriate Sections in Divisions 2 through 16 103 Substantial Completion A Preliminary Procedures Before requesting inspection for certification of Substantial Completion complete the following List exceptions in the request 1 In the Application for Payment that coincides with or first follows the date Substantial Completion is claimed show 100 percent completion for the portion of the Work claimed as substantially complete 2 Advise the Owner of pending insurance changeover requirements 3 Submit specific warranties workmanship bonds maintenance agreements final certifications and siirular documents 4 Obtain and submit releases enabling the Owner unrestricted use of the Work and access to services and utilities Include occupancy permits operating certificates and similar releases 5 Submit record drawings maintenance manuals final project photographs damage or settlement surveys property surveys and similar final record information 6 Deliver tools spare parts extra stock and similar items 7 Make final changeover of permanent locks and transmit keys to the Owner Advise the Owner s personnel of changeover in security provisions 8 Complete startup testing of systems and instruction of the Owner s operation and maintenance personnel Discontinue and remove temporary facilities from the site along with mockups construction tools and similar elements 9 Complete final cleanup requirements including touchup painting 10 Touch up and otherwise repair and restore marred exposed finishes B Inspection Procedures On receipt of a request for inspection the Owner will either proceed with inspection or advise the Contractor of unfilled requirements The Owner will prepare the Certificate of Substantial Completion following inspection or advise the Contractor of construction that must be City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT Park Planning & Development Division Page 1 of 5 completed or corrected before the certificate will be issued 1 If the Owner s Representative determines that the work is not substantially complete at the time of review or that deficiencies remain at time of compliance review the Contractor shall pay for the additional review(s) by Owner s Representative 2 Results of the completed inspection will form the basis of requirements for final acceptance 104 Status after Substantial Completion A The date of substantial completion marks the beginning of the maintenance period defined in Section 02970 — Planting Maintenance B During maintenance period the following conditions hold 1 Insurance Same as during construction 2 Electricity and Irrigation Water Supplied by Owner as installed by Contractor under this contract 3 Bonds Remain in effect 4 Retainage Same as during construction 105 Final Acceptance A Preliminary Procedures Before requesting final inspection for certification of final acceptance and final payment complete the following List exceptions in the request I Submit the final payment request with releases and supporting documentation not previously submitted and accepted Include insurance certificates for products and completed operations where required 2 Submit an updated final statement accounting for final additional changes to the Contract Sum 3 Submit a certified cony of the Owner s final inspection list of items to be completed or corrected endorsed and dated by the Owner The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance and shall be endorsed and dated by the Owner 4 Submit final meter readings for utilities a measured record of stored fuel and similar data as of the date of Substantial Completion or when the Owner took possession of and assumed responsibility for corresponding elements of the Work 5 Submit consent of surety to final payment 6 Submit a final liquidated damages settlement statement 7 Submit evidence of final continuing insurance coverage complying with insurance requirements B Remspechon Procedure The Owner will reinspect the Work upon receipt of notice that the Work including inspection list items from earlier inspections has been completed except for items whose completion is delayed under circumstances acceptable to the Owner Upon completion of remspection the Owner will prepare a certificate of final acceptance If the Work is incomplete the Owner will advise the Contractor of Work that is incomplete or of obligations that have not been fulfilled but are required for final acceptance If necessary remspection will be repeated 106 Record Document Submittals A General Do not use record documents for construction purposes Protect record documents from deterioration and loss in a secure fire resistant location Provide access to record documents for the Owner s reference during normal working hours B Record Drawings Maintain a clean undamaged set of blue or black line white prints of Contract Drawings and Shop Drawings Mark the set to show the actual installation where the installation varies City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT Park Planning & Development Division Page 2 of 5 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 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 Rev 10/20/07 Section 00100 Page 9 substantially from the Work as originally shown Mark which drawing is most capable of showing conditions fully and accurately Where Shop Drawings are used record a cross reference at the corresponding location on the Contract Drawings Give particular attention to concealed elements that would be difficult to measure and record at a later date 1 Mark record sets with red erasable pencil Use other colors to distinguish between variations in separate categories of the Work 2 Mark new information that is important to the Owner but was not shown on Contract Drawings or Shop Drawings 3 Note related change order numbers where applicable 4 Organize record drawing sheets into manageable sets Bind sets with durable paper cover sheets print suitable titles dates and other identification on the cover of each set 5 Prior to Contract Closeout obtain from the Owner a reproducible mylar copy of the Drawings Using technical drafting pen duplicate information contained on the Record Drawings maintained on site Label each sheet Record Drawing On the first sheet the Contractor or resident Superintendent shall execute the following statement Having reviewed this document and all attachments I affirm that to the best of my knowledge the information presented here is true and accurate Signed Position Date C Record Specifications Maintain one complete copy of the Project Manual including addenda Include with the Project Manual one copy of other written construction documents such as Change Orders and modifications issued in printed form during construction 1 Mark these documents to show substantial variations in actual Work performed in comparison with the text of the Specifications and modifications 2 Give particular attention to substitutions and selection of options and information on concealed construction that cannot otherwise be readily discerned later by direct observation 3 Note related record drawing information and Product Data 4 Upon completion of the Work submit record Specifications to the Owner D Record Product Data Maintain one copy of each Product Data submittal Note related Change Orders and markup of record drawings and Specifications 1 Mark these documents to show significant variations in actual Work performed in comparison with information submitted Include variations in products delivered to the site and from the manufacturer s installation instructions and recommendations 2 Give particular attention to concealed products and portions of the Work that cannot otherwise be readily discerned later by direct observation 3 Upon completion of markup submit complete set of record Product Data to the Owner E Miscellaneous Record Submittals Refer to other Specification Sections for requirements of miscellaneous record keeping and submittals in connection with actual performance of Work Immediately prior to the date or dates of Substantial Completion complete miscellaneous records and place in good order Identify miscellaneous records properly and bind or file ready for continued use and reference Submit to the Owner City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT Park Planning & Development Division Page 3 of 5 F Maintenance Manuals Organize operation and maintenance data into suitable sets of manageable size Bind properly indexed data in individual heavy duty 2 inch (51 mm) 3 ring vinyl covered binders with pocket folders for folded sheet information Mark appropriate identification on front and spine of each binder Include the following types of information Emergency instructions Spare parts list Copies of warranties Wrong diagrams Recommended turn around cycles Inspection procedures Shop Drawings and Product Data Fixture lampmg schedule 107 Warranties and Bonds A Provide duplicate notarized copies Maintain copies of all Contractor s submittals and assemble documents executed by subcontractors suppliers and manufacturers Provide table of contents and assemble in binder with durable plastic cover B Submit material prior to final application for payment For items of Work delayed materially beyond date of substantial completion provide updated submittal within ten days after acceptance listing date of acceptance as start of warranty period 108 Final Payment A At the end of maintenance period submit written certification that Contract Documents Work has been reviewed and that Work is complete in accordance with Contract Documents and ready for Owner Representative s review B In addition to submittals required by the conditions of the Contract provide submittals required by governing authorities and submit a final statement of accounting giving total adjusted Contract Sum previous payments and sum remaining due C Owner s Representative will issue a final Change Order reflecting approved adjustments to Contract Sum not previously made by Change Order D Retainage will be held until advertisement for liens and encumbrances is completed PART 2 — PRODUCTS (Not Applicable) PART 3 — EXECUTION 3 01 Closeout Procedures A Operation and Maintenance Instructions Arrange for each Installer of equipment that requires regular maintenance to meet with the Owner s personnel to provide instruction in proper operation and maintenance Provide instruction by manufacturer s representatives if installers are not experienced in operation and maintenance procedures Include a detailed review of the following items 1 Maintenance manuals 2 Record documents 3 Spare parts and materials 4 Tools 5 Lubricants 6 Fuels 7 Identification systems 8 Control sequences 9 Hazards City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT Park Planning &Development Division Page 4 of 5 10 Cleaning 11 Warranties and bonds 12 Maintenance agreements and similar continuing commitments B As part of instruction for operating equipment demonstrate the following procedures 1 Startup 2 Shutdown 3 Emergency operations 4 Noise and vibration adjustments 5 Safety procedures 6 Economy and efficiency adjustments 7 Effective energy utilization 3 02 Final Cleaning A General The General Conditions require general cleaning during construction Regular site cleaning is included in Division 1 B Cleaning Employ experienced workers or professional cleaners for final cleaning Clean each surface or unit to the condition expected in a normal commercial building cleaning and maintenance program Comply with manufacturer s instructions I Complete the following cleaning operations before requesting inspection for certification of Substantial Completion C Removal of Protection Remove temporary protection and facilities installed for protection of the Work during construction 1 Remove labels that are not permanent labels 2 Clean transparent materials including mirrors and glass in doors and windows 3 Clean exposed exterior and interior hard surfaced finishes to a dust free condition free of stains films and similar foreign substances Restore reflective surfaces to their original condition Leave concrete floors broom clean 4 Wipe surfaces of mechanical and electrical equipment Remove excess lubrication and other substances Clean plumbing fixtures to a sanitary condition Clean light fixtures and lamps 5 Clean the site including landscape development areas of rubbish litter and other foreign substances Sweep paved areas broom clean remove stains spills and other foreign deposits Rake grounds that are neither paved nor planted to a smooth even textured surface D Compliance Comply with regulations of authorities having jurisdiction and safety standards for cleaning Do not burn waste materials Do not bury debris or excess materials on the Owners property Do not discharge volatile harmful or dangerous materials into drainage systems Remove waste materials from the site and dispose of lawfully 1 Where extra materials of value remain after completion of associated Work they become the Owner s property Dispose of these materials as directed by the Owner END OF SECTION City of Fort Collins SECTION 01700 - CONTRACT CLOSEOUT Park Planning & Development Division Page 5 of 5 SECTION 03310 CEMENTITIOUS COATING PART 1 GENERAL 1 01 WORK INCLUDED Apply cementitious smoothing and resurfacing coating for vertical surfaces where specified and/or indicated on the Drawings Related work specified elsewhere 1 Section 04220, Concrete Unit Masonry 2 Section 09900, Painting 1 02 QUALITY ASSURANCE Reference Standards Except as modified or supplemented in these Specifications, structural concrete shall meet the requirements of the following standards Refer to the standards for detailed requirements 1 ASTM C109 Test Method for Compressive Strength of Hydraulic Cement Mortars Using 2 Cube Specimens 2 ASTM C157, Test Method for Length Change of Hardened Hydraulic Cement Mortar and Concrete 3 ASTM C266, Rate of Set with Gilmore Needle 4 ASTM C882, Standard Test Method for Bond Strength of Epoxy Resin Systems Used With Concrete by Slant Shear 5 Applicable provisions of the codes as adopted by any jurisdiction with authority over this Project All concrete work which does not conform to specified requirements including strength, tolerances and finishes shall be corrected or removed and replaced as directed by the Architect/ Engineer at the Contractors expense The Contractor shall also be responsible for the cost of corrections to any other work affected by or resulting from correction to concrete work and for any additional testing of work in place which may be required 103 SUBMITTALS Product Data Submit manufacturers product data with application and installation instructions for proprietary materials and items including reinforcement and forming accessories, admixtures patching compounds joint systems color additives and concrete stains sealers hardener and finishing compounds 1 04 TESTING A Inspection and testing of concrete mix will be performed by an independent testing agent approved by the Architect Testing fees shall be paid as specified in the General and Supplementary Conditions B Provide free access to work and cooperate with the appointed firm C Submit proposed concrete mix design to the inspection and testing firm for review prior to commencement of work D Field Quality Control Testing Perform sampling and testing for field quality control during the placement of concrete as follows 1 Compression Test Specimens ASTM C109 one (1) set of four (4) standard cylinders for each compressive strength test unless otherwise directed 03310 1 NACC Handball Court 0743 02 2 Cast and store cylinders for laboratory cured test specimens and field cured test specimens as specified in ASTM C109 Compressive Strength Tests 1 One (1) set for each fraction of mix design placed in any one day, one (1) specimen tested at seven (7) days, two (2) specimens tested at 28 days and one (1) specimen retained in reserve for later testing if required 2 When the frequency of testing will provide less than three (3) strength tests for a given mix design conduct testing from at least five (5) randomly selected batches or from each batch if fewer than three (3) are used 3 Report test results in writing to the Owner, Architect, Structural Engineer Contractor and ready mix supplier on the same day that tests are made Reports of compressive strength tests shall contain the project identification name and number date of concrete placement the name of contractor name of the concrete supplier and truck number, name of the concrete testing service, concrete type and class location of concrete batch in the structure, design compressive strength at 28 days concrete mix proportions and materials, compressive breaking strength and type of break for both 7 day tests and 28 day tests l The testing agency will make additional tests of in place concrete when test results indicate the specified concrete strengths and characteristics have not been attained in the structure as directed by the Architect/Engineer The testing agency shall conduct tests to determine the strength and other characteristics of the in place concrete by compression tests on cored cylinders complying with ASTM C42, by load testing specified in ACI 318 or other acceptable non destructive testing methods, as directed The Contractor shall pay for this additional testing 1 05 PRODUCT DELIVERY STORAGE AND HANDLING Store product in watertight enclosures and protect against dampness contamination and warehouse set Allow a maximum of 90 minutes between the time water is added and the time the concrete is completely placed 106 WARRANTIES Provide Installer s written warranty covering defects in materials and workmanship and subgrade failure for a period of one (1) year from final acceptance Owners Representative shall determine needs for repairs or replacement and his/her decision shall be final and obligatory upon the Contractor PART 2 PRODUCTS 201 SMOOTHING AND RESURFACING COATING A General A blend of white and gray Portland cement dry polymers and aggregates providing a smooth textured patching material for thin, vertical surface repairs and coating applications Product shall not contain gypsum B Compressive Strength 800 psi at 1 day 3,000 psi at 7 days 4,000 psi at 28 days C Adhesion Polymer modified for increased adhesion D Color Paint E Approved Manufacturers 1 3 2 1 by U S Spec, Denver CO (303) 778 7227 2 Manufacturers providing materials of same function, quality appearance and performance are acceptable 03310 2 NACC Handball Court 0743 02 PART 3 EXECUTION 301 PREPARATION AND COORDINATION A Smoothing and Resurfacing Coating All surfaces in contact with coating shall be free of dirt oil, grease laitance and other contaminants 3 02 APPLICATION OF SMOOTHING AND RESURFACING COATING A General Prepare surfaces to receive coating per manufacturers requirements and recommendations 1 Surfaces shall be free of dirt oil, grease laitance and other contaminants 2 Remove unsound concrete to ensure a good bond 3 Mechanically abrade smooth dense surfaces to provide necessary bonding 4 Moisten area prior to application 5 Maintain contact areas between 40 F and 900 F prior to repair and during initial curing period B Mixing Use a mechanical mixer with rotating blades on low rpm for 3 5 minutes to achieve desired consistency C Placing Place material consistently without multiple layers using a putty knife trowel or sponge float 1 Apply in applications from feather edge to 1 /8 thickness 2 For areas greater than 1/8 thick, apply U 5 Spec Quukset 20 to within 1/16 of final repair, then apply finish coat D Finishing Follow standard ACI curing practices 3 03 FIELD QUALITY CONTROL A Exposed work shall be subject to evaluation to the satisfaction of the Architect, including but not limited to the following characteristics 1 Finishes, tolerances and surfaces END OF SECTION 03310 3 NACC Handball Court 0743 02 SECTION 04100 MORTAR AND MASONRY GROUT PART 1 GENERAL 1 01 WORK INCLUDED A Furnish and install mortar and grout matenals for new concrete block masonry units B Related work specified elsewhere 1 Section 04220 Concrete Unit Masonry 1 02 QUALITY ASSURANCE A Reference Standards Conform to the current requirements and recommendations of applicable portions of standards listed 1 ASTM, American Society of Testing and Matenals 2 ASTM C144, Aggregate for Masonry Mortar 3 ASTM C150 Portland Cement 4 ASTM C207 Hydrated Lime for Masonry Purposes 5 ASTM C270 Mortar Mix 6 ASTM C476 Mortar and Grout for Reinforced Masonry 7 PCA current edition 8 Applicable provisions of the codes referenced in Section 01060, or as adopted by any jurisdiction with authority over this Project 103 SUBMITTALS A Product Data Submit manufacturers product data and specifications for each type of mortar specified, including certification that each type complies with the specifications B Sample Panel Refer to Section 04210 and/or 04220 for sample panel requirements Mortar color shall be reviewed for approval by the Architect 104 TESTING Inspection and testing shall be performed by an independent testing laboratory approved by the Architect conforming to ASTM E149 and C270 Testing fees shall be paid as specified in the General and Supplementary Conditions Test samples shall be taken at random to provide sampling over the course of work Materials not conforming to these specifications shall be removed from the job and replaced 1 Refer to Section 04210 and/or 04220 for testing requirements 1 05 ENVIRONMENTAL CONDITIONS A Maintain temperature of mortar and grout between 70° F and 100° F B Contractor shall use only one (1) type mortar to ensure uniform color Masonry cement is not permitted 04100 1 NACC Handball Court 0743 02 PART 2 MATERIALS 2 01 MORTAR AND GROUT MATERIALS A Portland Cement ASTM C150, Type 1, white B Hydrated Lime ASTM C207, Type S for new construction C Aggregate Sand ASTM C144 D Coarse Aggregate for Grout ASTM C404 less than 3/8 E Water ASTM C270 clean and suitable for domestic consumption F Mortar Coloring Natural G Admixtures Pozzolan with approval calcium chloride not permitted H Water Repellant Integral polymeric based water repellant admixture conforming to ASTM E514 RamB(ok by ACM Chemistries Inc Norcross, GA (877) 226 1766 or approved equal 2 02 MORTAR AND GROUT MIXES Mortar Mixes ASTM C270 Type S mortar with hydrated time for all new masonry construction Minimum compressive strength of 1 800 psi at 28 days 1 1 part Portland Cement, Type 1 2 1/4 to 1/2 part hydrated time 3 2 1/4 to 3 1/2 parts damp, loose sand Masonry Grout Mix Minimum compressive strength of 3 000 psi at 28 days 1 1 part Portland Cement Type 1 2 2 1/4 to 3 parts damp loose sand 3 1 to 2 parts coarse aggregate 4 Pozzolan as per manufacturers recommendations 5 Air entrainment shall be not more than 5% by volume Mixtures may change as per manufacturers recommendations to meet requirements PART 3 EXECUTION 3 01 INSPECTION AND PREPARATION Masonry installer shall examine the areas and conditions under which masonry is to be installed and notify the Contractor in writing of conditions detrimental to the proper and timely completion of the work Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the masonry installer 3 02 BATCH CONTROL A Measure and batch materials either by volume or weight such that the required proportions for mortar can be accurately controlled and maintained B Mix mortar ingredients for a minimum of five (5) minutes in a mechanical batch mixer Do not use mortar which has begun to set or if more than 2 1/2 hours has elapsed since initial mixing Retemper mortar during 2 1/2 hour period as required to restore workability C Colored Mortar If colored mortar is specified in paragraph 2 01 above mortar color shall be pre blended not field mixed D Use mortar within two (2) hours of mixing at temperatures over 800 F and 2 1/2 hours at temperatures under 50 F 04100 2 NACC Handball Court 0743 02 3 03 JOINTS A General Lay coursed units with 3/8 joints unless otherwise indicated except for minor variations required to maintain bond alignment B Bond Pattern and Joint Type Refer to Section 04210 and/or 04220 C Rake out mortar in preparation for application of caulking or sealants where shown D Remove excess mortar and smears upon completion of work E Point out or replace defective mortar to match adjacent work F Clean soiled surfaces using a non acidic solution which will not harm adjacent surfaces Consult masonry manufacturer for acceptable cleaners END OF SECTION 04100 3 NACC Handball Court 0743 02 SECTION 04220 CONCRETE UNIT MASONRY PART 1 GENERAL 1 01 WORK INCLUDED A Furnish and install concrete unit masonry, including units and special shapes, mortar, ties, anchors and accessories B Furnish and install concrete unit masonry horizontal joint and vertical reinforcing C Install all bolts nailing blocks, inserts steel lintels vents conduits and other related work furnished by others to be built into concrete unit masonry D Furnish and install masonry grout for grouted cells of concrete unit masonry E Furnish test specimens and samples of materials F Clean concrete unit masonry and remove surplus material and waste G Furnish and apply coatings 1 02 QUALITY ASSURANCE A Reference Standards Conform to the current requirements and recommendations of applicable portions of standards codes and specifications, except where more stringent requirements are shown or specified 1 ASTM C90 Standard Specification for Hollow Load Bearing Concrete Masonry Units 2 ASTM C150 Portland Cement 3 ANSI A 41 1, Building Code Requirements for Masonry 4 ACI 530 1, Standard Specification for Tolerances 5 International Building Code, current edition 6 National Concrete Masonry Association (NCMA) Specification for the Design and Construction of Non Load Bearing Concrete Masonry 7 Rocky Mountain Masonry Institute B Applicable provisions of the codes as adopted by any jurisdiction with authority over this Project 103 TESTING Test reports for each type of concrete masonry unit shall be submitted to the Architect/Engineer for approval Testing is to be performed by an independent testing laboratory, in accordance with ASTM C140 63T Reports shall include the following 1 Compressive strength 2 Water absorption 3 Complete identification of units, including size grade and type If results of test and/or inspections do not meet the requirements of the Contract Documents or are otherwise unsatisfactory, the Contractor shall proceed as directed by the Architect/Engineer Additional costs resulting because of retesting load testing removal and replacement of masonry damage to the work of other trades shall be borne by the Contractor Engineer shall have the right to order tests of any material entering into the masonry work or any other tests deemed necessary to determine whether materials and methods in use are such as to produce work of necessary quality to order test under load of any portion of completed structure when conditions have been such as to leave doubt as to adequacy of the structure to serve purposes for which it is intended and to order change in proportions or material at Contractors expense, if work of required quality cannot be obtained with materials and/or proportions furnished by the Contractor 04220 1 NACC Handball Court 0743 02 SECTION 00300 BID FORM Materials or proportions of materials entering into masonry walls shall not be changed, unless approved by the Engineer Materials from any new source or changes in proportions shall be subject to all required tests, which shall be made at the Contractors expense Contractors Responsibilities 1 Cooperate and provide every assistance to facilitate inspection and testing 2 Furnish mix designs for mortar and grout prior to commencement of work submit to the Architect mix designs and test results for each type of grout all with materials and in proportions proposed to be used in the actual construction No work shall commence until the mix designs have been reviewed and approved by the Engineer 3 Furnish materials and labor required to make and handle test specimens at the project site under proposed job conditions 4 Furnish temporary facilities for field cured specimens i Advise testing agency sufficiently in advance of operation to allow for completion of quality tests 104 CERTIFICATION A Prior to delivery furnish Architect with certificates or test reports attesting compliance with the applicable specifications for the following 1 Masonry units 2 Mortar and grout materials 3 Reinforcing steel B Prior to installation provide Architect with certificates or other documentation attesting to date of block casting 1 05 TESTING OF MORTAR AND GROUT Mortar Make one (1) set of three (3) 2 x 4 cylinders for each type of mortar each day that mortar is laid Break one (1) cylinder at seven (7) days and two (2) at 28 days 1 Spread mortar on masonry units between 1 /2 and 3/4 thick and allow to stand one (1) minute 2 Remove mortar and place it in a 2 x 4 cylinder in two (2) layers compressing mortar into cylinder using a flat end stick or fingers 3 Lightly tap mold on opposite sides level off and immediately cover molds and keep them damp until taken to laboratory 4 Contractor s Option Contractor may substitute a prism test of in place concrete unit masonry construction in lieu of specified mortar testing upon prior approval of the Architect/Engineer and Owner Grout Make one (1) set of three (3) 3 x 3 x 6 high specimens for each type of grout and type of wall where used each day grout is poured Break one (1) specimen at seven (7) days and two (2) at 28 days 1 On a flat non absorbent base, forma space 3 x 3 x 6 high using masonry units having same moisture condition as those being laid 2 Line the space with permeable paper or porous separator so that water may pass through the liner into masonry units 3 Thoroughly mix the grout to obtain fully representative mix and place into molds in two (2) layers Puddle each layer with 1 x 2 stick to eliminate air bubbles 4 Level off and immediately cover molds and keep them damp until taken to the laboratory After 48 hour set, remove molds cap the specimens and place them in fog room until tested in damp condition, in accordance with ASTM C31 Test to accordance with ASTM C39 From each set of cylinders, break one (1) at seven (7) days and two (2) at 28 days Reports shall include location and description of wall dates weather conditions temperature of mortar and grout description of mortar and grout mixes description of masonry prisms, breaking 04220 2 NACC Handball Court 0743 02 stresses and nature of break 106 SUBMITTALS Sample Panel Erect minimum 4 0 x 4 0 sample panel consisting of approved concrete unit masonry that satisfactorily shows proposed texture bond, mortar and workmanship 1 Contractor shall not continue work until Architect and Owners representative have accepted sample panel 2 Sample panel shall remain on site until work of this Section is complete and will be used as standard of comparison for balance of work 3 Sample panel may be constructed as a part of the permanent building construction if approved by the Architect Certificates Submit certificates or other documentation attesting to test reports and date of block casting, as specified above 1 07 DELIVERY STORAGE AND HANDLING A Deliver materials to the site on platforms or pallets Keep masonry units completely covered and free from frost, ice and snow Handle masonry units carefully to avoid chipping breakage contact with soil or contaminating materials Protect steel materials from moisture and keep free from rust or scale Store mortar materials in dry place Damaged materials shall not be used B Maintain protective boards at exposed external corners which may be damaged by construction activities Provide such protection without damaging completed work C Provide temporary bracing during erection of masonry work Maintain in place until building structure provides permanent bracing 1 08 ENVIRONMENTAL CONDITIONS A Maintain materials and surrounding air temperature to minimum 500 F prior to during and 48 hours after completion of masonry work B During freezing or near freezing weather, provide adequate equipment or cover to maintain a minimum temperature of 50 F and to protect masonry work completed or in progress C Protect partially completed masonry against weather when work is not in progress by covering top of walls with strong, waterproof non staining membrane Extend membrane at least 2 down both sides of walls and anchor securely in place D Walls which may be exposed to high winds during erection shall be adequately braced until permanent support is provided at floor or roof level immediately above the story under construc tion E Cold Weather Masonry Installation 1 Do not use frozen materials or materials mixed or coated with ice or frost 2 Do not use antifreeze compounds calcium chloride or substances containing calcium chloride in mortar or grout 3 Do not build on frozen work Remove and replace masonry work damaged by frost or freezing 4 Protect masonry being placed from wind with enclosures or shields when air temperature is below 32 F 5 Do not heat water above 1060 F 6 When mortar or grout materials have been combined temperature of the mixture shall not be less than 50 F nor more than 1000 F 7 Masonry materials shall be preconditioned and completed masonry protected as follows a When air temperature is below 40° F and above 32 F heat mixing water Protect masonry from rain or snow for 24 hours by means of waterproof covers b When air temperature is below 32 F and above 20' F heat both sand and mixing water Maintain a temperature of at least 40 F on both sides of walls by means of 04220 3 NACC Handball Court 0743 02 suitable covers or enclosures for 24 hours c When air temperature is 20° F and below heat sand mixing water and block and provide heated enclosures A temperature of at least 400 F shall be maintained within enclosures for 48 hours d Periods required for protection and maintenance of specified temperatures may be reduced to 1 /2 of those specified herein before if Type III Portland cement is used with the Engineers approval Hot Weather Masonry Installation 1 During very hot weather and drying wind the Architect may order very tight fog spray of mortar bedding areas several times during the first 24 hours to prevent premature drying of mortar PART 2 PRODUCTS 201 CONCRETE MASONRY UNITS A Plain Concrete Unit Masonry ASTM C90, Grade N minimum 2,500 psi light weight load bearing units 1 Size Nominal 8 high x 16 long face dimension x 12 deep units unless otherwise indicated 2 Color Natural 3 Water Repellant Integral polymeric based water repellant admixture conforming to ASTM E514 RarnBlok by ACM Chemistries, Inc , Norcross GA (877) 226 1766 or approved equal 4 Appearance Units shall have smooth, dense exposed surfaces free of cracks chips or deleterious matter Representative sample in sample panel subject to approval by Architect 5 Special shapes as shown on the Drawings or as required a Knock out bond beam units at bearing and top course of walls and in other locations shown on the Drawings B Bond Beam Units All bond beam units shall have knockout webs and open bottoms except at masonry lintels over openings Match unit sizes and appearances specified in paragraph 2 01 C Tolerances No overall dimension of width height or length shall vary by more than 1 /8 from the specified standard dimension D Approved Manufacturers 1 Robinson Block Co , Colorado Springs CO, (719) 390 5477 (800) 284 8037 2 Valley Block Co Loveland, CO (970) 667 4480 3 Powers Masonry Supply Fort Collins CO (970) 484 1292 4 Manufacturers providing materials of same function appearance, quality, performance and range of selection, including matching the selected product(s) specified above in the sole opinion of the Architect are acceptable 202 REINFORCING STEEL ANCHORS AND TIES General Corrosion resistant metal meeting or exceeding applicable standards ASTM A153 and ASTM Al 16 Reinforcing Steel Refer to Drawings Veneer and Horizontal Reinforcing Types 1 Truss or Ladder Type for Single Wythe Masonry Prefabricated welded wire units 10 wide x not less than 10 0 long for 12 deep structural units with matching corner and tee units Wire shall be 9 gage with single pair of deformed side rods and continuous plain diagonal cross rods spaced not more than 16 o c 04220 4 NACC Handball Court 0743 02 D Approved Manufacturers 1 Dur 0 Wat Inc Arlington Heights IL and distributed locally at Denver CO (303) 321 1836 2 Heckmann Building Products Inc , Chicago, IL, (800) 621 4140 3 Manufacturers providing products of same performance and function are acceptable 2 03 MASONRY ACCESSORIES Control Joints Non asphaltic type foam backer rod by Celotex or equal Thicknesses as shown on the Drawings PART 3 EXECUTION 3 01 PREPARATION COORDINATION AND WORKMANSHIP A Ensure items built in by other trades for this work are properly located and sized B Establish all tines levels and coursing Protect from disturbance Place concrete unit masonry in accordance with lines and levels indicated on the Drawings C Ensure masonry courses are of uniform height Make vertical and horizontal Joints equal and of uniform thickness D Unfinished masonry watts shall be stepped back for joining with new work Do not tooth E Cutting and fitting of masonry including that required to accommodate the work of other Sections shall be done by masonry mechanics with masonry saws F Bearing for horizontal load carrying members shall be of grouted masonry as shown on the Drawings 302 CURING OF MASONRY UNITS General Concrete masonry units shall be cured for minimum of 28 days from the date of casting before being delivered to the site and installed in masonry walls Consult with Rocky Mountain Masonry Institute as necessary 3 03 INSTALLATION OF CONCRETE UNIT MASONRY A Refer to Section 04100 Mortar for installation and workmanship requirements for mortar and grout mixes B Ensure that concrete masonry units have properly cured prior to installation as specified in 3 02 above C Lay level and align corner units first Lay concrete unit masonry in running bond, unless otherwise shown on the Drawings or specified herein Course one (1) block unit and mortar joint to equal 8 vertically Lay external and internal courses as shown on the Drawings D Lay first course of concrete unit masonry in full bed of mortar except at locations of filled cores Lay subsequent courses in face shell mortar bedding properly jointed with other work Fully mortar webs around each core to be grouted Fully bond external and internal corners and intersections E Align cells to be filled with grout to provide continuous, unobstructed vertical space F Perform Job site cutting of masonry units with proper power tools to provide straight, true and unchipped edges G Do not shift or tap masonry units after mortar has taken initial set Where adjustment must be made remove mortar and replace H Remove excess mortar and projections Take care to prevent breaking block corners Clean excess mortar from cores to be grouted I Tolerances Maximum variation from masonry unit to adjacent masonry unit 1 /8 J Tooling and Joints Refer to paragraph 3 06 04220 5 NACC Handball Court 0743 02 304 MORTAR BEDDING AND JOINTS A Head joints shalt be welt buttered for thickness equal to face shell of unit and shall be shoved tightly so that mortar bonds well to both units Do not slush head joints B Hollow Concrete Masonry Units Lay with full mortar coverage over horizontal and vertical face shells C Starting Joint on Slabs Provide full mortar coverage on bed except that area where grout occurs shall be kept free from mortar D Mortar protrusions extending more than 3/8 into cells or cavities to be reinforced and/or filled or into air space for veneer masonry shall be removed E Joint width shall be 3/8 unless otherwise shown 305 TOOLING A Exposed Joints Toot joints as scheduled Rake out mortar in preparation for application of caulking or sealants where required 1 Exterior Face of Exterior Walls Raked joints for all masonry unit types 2 Interior Face of Exterior Walls Flush struck joints B Joints to be covered with paint shall be filled flush and then sacked to produce dense surface without sheen C Joints which are not tight at the time of tooling shall be raked out pointed and then tooled 3 06 INSTALLATION OF HORIZONTAL JOINT REINFORCEMENT A General Reinforce all walls with continuous horizontal joint reinforcement unless specifically shown otherwise Provide special shapes where shown on the Drawings Lap reinforcement minimum 6 at splices B At each level place reinforcement in bed joint between first and second course and then at regular intervals not exceeding 16 o c vertically C Place reinforcement so that longitudinal wires are located over face shell mortar beds and are fully embedded in mortar for their entire length with minimum mortar cover of 5/8 on exterior side of walls and 1 /2 at other locations D Unless otherwise shown provide reinforcement in first and second bed joints immediately above and below openings or recesses in walls Reinforcement shall extend minimum 24 beyond end of sills or lintels or to end of panel if distance to end of panel is less than 24 E Use only prefabricated L and T units at corners and intersections respectively F Do not bridge control and expansion joints with reinforcement, unless shown on the Drawings 3 07 INSTALLATION OF REINFORCING BARS A Reinforcing bars shall be straight except for bends around corners and where bends or hooks are detailed Bars partially embedded in masonry shall not be field bent, except as shown on the Drawings or specifically permitted by the Engineer B Bars shall be free of loose rust mud oil or other coatings that would destroy or reduce bond C Splices shall be made only at locations shown on the Drawings or where specifically permitted by the Engineer D Reinforcement shall be accurately placed into position indicated on the Drawings and secured rigidly against displacement within a tolerance of 114 E Vertical reinforcing shall have a minimum clearance of 1 /2 from masonry and not less than 1 bar diameter between bars F Vertical reinforcing shall be placed in masonry cores as shown or specified on the Drawings G Horizontal bars shall be placed in continuous masonry courses, consisting of bond beam or through block units and shall be solidly grouted in place 04220 6 NACC Handball Court 0743 02 H When foundation dowel does not line up with a vertical unit core it shall not be sloped more than 1 horizontal in 6 vertical Dowel shall be grouted into core in vertical alignment even though it is in an adjacent cell to vertical wall reinforcing 3 08 GROUTING OF MASONRY UNITS A General Grout cells of hollow concrete unit masonry where indicated on the Drawings 1 All vertical cells B When laying masonry units extreme care shall be taken to prevent excess mortar from squeezing out and falling into air space or cells Mortar which projects more than 3/8 into grout space shall be removed C Grout shall be puddled or vibrated in place D Pour grout into horizontal members at maximum 48 o c E Vertical cells of walls scheduled to be filled shall be grouted solidly Pours shall be stopped 1 1 /2 below top of course except at top of wall to form a key at pour joints Provide clean out openings at bottom of each pour for inspection F Grouting Masonry of Hollow Units Walls shall be erected and grouted to lifts not higher than 8 Vertical cells to be filled shall have vertical alignment and shall have clear unobstructed cell area of at least 2 x 3 3 09 INSTALLATION OF CONTROL AND EXPANSION JOINTS Locate vertical control, expansion and isolation joints in concrete unit masonry as shown on the Drawings Joints shall be continuous through depth of the masonry work unless otherwise detailed Maintain control joint voids clear of mortar grout and debris Rake out mortar in preparation for application of caulking and sealants Control Joint Spacing Refer to the Drawings If location of control joints is not shown place vertical joints maximum 20 0 o c for unbroken lengths of concrete masonry except as specified herein or as indicated on the Drawings 1 Locate joints at points of natural weakness in supporting structure at wall openings and at control joints located in the floor slab when walls are supported on the slab 3 10 BUILT IN WORK A As work progresses, build in electrical accessones anchor bolts plates specialties and other items supplied by others Place items plumb and true to line 3 11 CUTTING AND FITTING Cut and fit for chases, pipes conduit sleeves and other items as required Cooperate fully with other Sections to ensure correct size shape and location Obtain Architects approval prior to cutting or fitting any area which is not indicated on the Drawings or which may impair appearance or strength of masonry work 3 12 CLEANING AND PROTECTION General All new concrete unit masonry shall be thoroughly cleaned upon completion of the work Adhere to the following procedures for cleaning brick Never clean brick before mortar has set minimum 14 days 1 Dry clean wall with wood paddles or scrapers removing large particles of mortar 2 Presoak wall with clean water scrub with a solution of 1 /2 cup tnsodwm phosphate and 1 /3 cup household detergent to one gallon of water Scrub with a stiff fiber brush only 04220 7 NACC Handball Court 0743 02 3 Thoroughly rinse with clean, low pressure water immediately after scrubbing to remove all cleaning solution dirt and mortar crumbs Clean soiled surfaces exposed to view using a non acidic solution which will not harm masonry or adjacent materials Consult masonry manufacturer for acceptable cleaners Use non metallic tools in cleaning operations Leave surfaces prepared for further sealers or coatings if specified Remove and replace any chipped or broken concrete masonry units Remove excess mortar and smears upon completion of masonry work Point or replace defective mortar to match adjacent work 3 13 FIELD QUALITY CONTROL A General Installation of masonry units mortar and grout, special curing and workmanship of joints shall be in accordance with the standards approved in the sample panel B All concrete unit masonry units shall be sound and free of cracks or other defects that may interfere with the proper placing of the unit or impair the strength or performance of the construction C Where masonry units are to be exposed in the completed construction the face or faces that are exposed shall be free of chips cracks or other imperfections to the satisfaction of the Architect except that chips not larger than 1 /4 wilt be considered acceptable D Contractor shall promptly remove any rejected masonry units or portions of the work and replace to match the quality of the approved sample panel END OF SECTION 04220 8 NACC Handball Court 0743 02 SECTION 09900 PAINTING PART 1 GENERAL 1 01 WORK INCLUDED A Prepare surfaces to receive opaque painted finishes as specified B Furnish materials and finish surfaces as indicated in the schedule at the end of this Section Generally the scope of work shall include painting all exposed surfaces whether specifically noted or not, and certain concealed surfaces except where materials are prefinished or where intended to remain unfinished as described in paragraph 1 02 below 1 02 WORK NOT INCLUDED A Metal surfaces of anodized aluminum stainless steel, chromium plate copper bronze and similar finished materials will not require painting under this Section except as may be so specified B Materials, fixtures and equipment specified or supplied by the manufacturer as prefinished shall not be painted unless otherwise indicated in the Schedule at the end of this Section Materials supplied with factory applied primer coats shalt be held finished by this Section unless otherwise indicated C Do not paint moving parts of operating units mechanical or electrical parts such as valve operators linkages, sensing devices and motor shafts unless otherwise indicated D Priming or finishing of certain surfaces may be specified to be factory applied or installer performed under other Sections 1 03 QUALITY ASSURANCE A Reference Standards Conform to the current requirements and recommendations of applicable portions of standards codes and specifications, except where more stringent requirements are shown or specified 1 Applicable provisions of the codes as adopted by any jurisdiction with authority over this Project B Finish work shall be performed only by qualified personnel employed by firms specializing in work of this type with a minimum of five (5) years successful expenence in projects of similar size and complexity C Materials shall be applied with appropriate equipment and tools as specified herein or as required to provide the specified quality D Coordination of Paint Finishes, Primers and Substrates 1 Provide finish coats which are compatible with the prime coats actually used 2 Review other Sections of these Specifications as required, verifying the prime coats to be used and assuring compatibility of the total coating system for the various substrates 3 Upon request furnish information on the characteristics of the specific finish materials to assure that compatible prime coats are used 4 Provide barrier coats over non compatible primers or remove the primer and repnme as required 5 Notify the Architect in writing of anticipated problems in using the specified coating systems over prime coatings or substrates supplied under other Sections Certification Supplier shall certify that all paint materials supplied contain no lead or other toxic substances 09900 1 NACC Handball Court 0743 02 104 SUBMITTALS A Product Data Submit manufacturers product literature and specifications to show compliance with the specified requirements B Materials List Submit materials list of all items proposed to be provided under this Section 1 05 DELIVERY, STORAGE AND HANDLING Deliver paint materials in original sealed and labeled containers bearing manufacturers name type of paint brand name color designation and instructions for mixing and/or reducing Provide adequate storage facilities to store materials at minimum ambient temperature of 450 F in a well ventilated area Take precautionary measures to prevent fire hazards and spontaneous combustion 1 06 ENVIRONMENTAL CONDITIONS A General Follow manufacturers written specifications and recommendations for product handling and application Adhere to all applicable OSHA regulations related to product application and handling of removed paint rinse water and other residual materials B Measure moisture content of surfaces using an electronic moisture meter Do not apply finishes unless moisture contents of surfaces are below the following maximums 1 Plaster and Gypsum Wallboard 12% 2 Interior Wood 6% 3 Exterior Wood 15% C Ensure that surface temperature or the surrounding air temperature is above 40 F before applying finishes Minimum application temperatures for latex paints for interior work is 450 F 500 F for exterior work D Provide adequate continuous ventilation and sufficient heating facilities to maintain temperatures above 450 F for 24 hours before during and 48 hours after application of finishes 1 07 PROTECTION A Adequately protect other surfaces from paint and damage Repair damage as a result of inadequate or unsuitable protection B Furnish sufficient dropcloths shields and protective equipment to prevent spray or droppings from soiling surfaces not being painted and, in particular surfaces within storage and preparation area C Place cotton cloths and any material which may constitute a fire hazard in closed metal containers and remove daily from the site D Remove electrical plates surface hardware, fittings and fastenings prior to painting operations These items are to be carefully stored, cleaned and replaced on completion of work in each area Do not use solvents to clean hardware that may remove permanent lacquer finish 1 08 MAINTENANCE MATERIALS A Contractor shall furnish Owner additional maintenance stock of not less than five (5) gallons of each color of finish coating B Containers are to be tightly sealed and clearly labeled for identification PART 2 PRODUCTS 2 01 FINISH MATERIALS Paints Enamels and Fillers Type and brand scheduled herein ready mixed except field catalyzed 09900 2 NACC Handball Court 0743 02 2 02 203 coatings Pigments fully ground maintaining a soft paste consistency capable of readily and uniformly being dispersed to a complete homogeneous mixture Paints shall have good flowing and brushing properties and be capable of drying or curing free of streaks or sags 1 Paint materials shall contain no lead or other toxic substances Refer to paragraph 1 03 C 2 Chemical Components of Field Applied Interior Paints and Coatings Provide products that comply with the following limits for VOC content exclusive of colorants added to a tint base when calculated according to 40 CFR 59 Subpart D (EPA Method 24) and the following chemical restrictions these requirements do not apply to primers or finishes that are applied in a fabrication or finishing shop a Flat Paints and Coatings VOC content of not more than 50 g/L b Nonflat Paints and Coatings VOC content of not more than 150 g/L c Aromatic Compounds Paints and coatings shall not contain more than 1 0% by weight of total aromatic compounds (hydrocarbon compounds containing one or more benzene rings) Restricted Components Paints and coatings shall not contain any of the following 1) Acrolein 14) Formaldehyde 2) Acrylomtnle 15) Hexavalent chromium 3) Antimony 16) Isophorone 4) Benzene 17) Lead 5) Butyl benzyl phthalate 18) Mercury 6) Cadmium 19) Methyl ethyl ketone 7) Di (2 ethylhexyl) phthalate 20) Methyl isobutyl ketone 8) Di n butyl phthalate 21) Methylene chloride 9) Di n octyl phthalate 22) Naphthalene 10) 1,2 dichlorobenzene 23) Toluene (methylbenzene) 11) Diethyl phthalate 24) 1,1 1 tnchloroethane 12) Dimethyl phthalate 25) Vinyl chloride 13) Ethylbenzene Paint Accessory Materials Linseed oil shellac turpentine and other materials not specifically indicated herein but required to achieve the finishes specified, of high quality and approved manufacturer Color(s) as selected by the Architect from manufacturers full color selection unless otherwise indicated Painter shalt prepare samples for the Architects approval of each paint color selected Remake samples until approved, at no additional cost to the Owner Approved Manufacturers Use the same brand throughout the project for each type of paint material specified 1 Sherwin Williams ProMar 200 Series as basis of design 2 Paint Pittsburgh Diamond Vogel ICI Dulux, Fuller 0 Brien Benjamin Moore Kelly Moore Kwal Howell and Sophir Morris Using product lines of same quality, function and performance are acceptable APPLICATION EQUIPMENT A For application of the specified paint use only such equipment as is recommended for application of the particular paint by the manufacturer and approved by the Architect except as limited by paragraph 2 02 C B Prior to use of application equipment verify that the proposed equipment is actually compatible with the material to be applied and that integrity of the finish wilt not be jeopardized by use of this equipment COLOR SCHEDULES The Architect will prepare marked up elevations or a color schedule with samples for guidance in 09900 3 NACC Handball Court 0743 02 SECTION 00300 BID FORM PROJECT 6104 North31de Aztlan Community Center Handball Court Masonry Place June 2. 2008 Date 1 In compliance with your Invitation to Bid dated %a 12 20Qg_ 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 ($ 6.500.00 _) in accordance with the Invitation To Bid and Instructions to Bidders 4 The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows IMA of Colorado, 1550 17th St Suite 600 Denver, CO 80202 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 Rev 10/20/07 Section 00300 Page 1 painting Contractor shall furnish samples of all other related finish materials for coordination in preparation of the color schedule The Architect may select allocate and vary colors on different surfaces throughout the work, subject to the following 1 Exterior Work A maximum of four (4) different colors will be used PART 3 EXECUTION 3 01 INSPECTION Subcontractor shall thoroughly examine surfaces scheduled to be painted or finished prior to commencing work Notify the Architect of any condition that may potentially affect proper application and final appearance Do not commence work until such defects have been corrected to the satisfaction of the painting subcontractor Beginning work shall be considered acceptance of surfaces 3 02 PREPARATION OF SURFACES A General All preparatory work shall be subject to evaluation and acceptance by the Architect Painting subcontractor will accept responsibility for the preparation of all surfaces, as specified herein prior to finishing B Cleaning of all surfaces shall be done with non toxic biodegradable products that comply with the California Code of Regulations Title 17 Section 94509 VOC standards for clearing products C Ensure that the Contractor has corrected defects in all surfaces which may adversely affect work of this Section D Remove mildew by scrubbing with solution of tri sodium phosphate and bleach Rinse well with clean water and allow the surface to dry,completely E Remove surface contamination and oils from galvanized surfaces and wash with solvent Apply a coat of etching type primer F Remove grease rust, scale dirt and dust from steel ferrous metal and iron surfaces Where heavy coatings of scale are evident remove by wire brushing sandblasting or any other necessary method 1 Clean unprimed surfaces by washing with solvent Apply a treatment of phosphoric acid solution ensuring that weld joints, bolts and nuts are similarly cleaned Prime surfaces as required 2 Sand and scrape shop primed surfaces to remove loose primer and rust Feather out edges to make touch up patches inconspicuous Clean surfaces with solvent and prime surfaces as required 3 Back prime structural steel and ferrous metal surfaces to be in contact with concrete unless furnished by other Sections 4 Ensure that excess weld slag or flux deposits are removed and that all exposed welds are ground or sanded to specified appearance G Schedule painting prior to installation of prefinished materials specialties, furnishings and fixtures to the extent possible including but not limited to 1 Surface mounted electrical devices such as switchplates and outlet cover plates etc 3 03 APPLICATION A General Apply finish materials in accordance with the manufacturers instructions and recommendations Ensure that surfaces have been properly prepared and primed prior to application of finish coats B Apply each coat at the proper consistency Allow each coat of finish to dry before the following coatis applied unless directed otherwise by manufacturer Sand lightly between coats to achieve 09900 4 NACC Handball Court 0743 02 the required finish C Brush Applications 1 Brush out and work the brush coats onto the surface in an even film 2 Finish coats shalt be finished by roping the paint, moving from wet to dry areas 3 Cloudiness, spotting, holidays, laps brush marks runs sags ropiness and other surface imperfections will not be acceptable D Spray Applications 1 Except as specifically otherwise approved by the Architect confine spray application to metal framework and similar surfaces where hand brush work would be inferior 2 Gypsum wallboard walls, ceilings and soffits shalt be finished by spray application then back rolled with roller equipment to result in specified mit thickness moving from wet to dry areas 3 Where spray application is used apply each coat to provide the hiding equivalent of brush coats 4 Do not double back with spray equipment to build up film thickness of two (2) coats in one (1) pass `_ For completed work, match the approved samples as to texture color and coverage Remove refinish or repaint work not in compliance with the specified requirements 3 04 PAINTING MECHANICAL AND ELECTRICAL EQUIPMENT General Painting of exposed equipment louvers ductwork piping, conduits, etc shall be work of this Section, unless otherwise indicated 1 Coordinate extent of held finishing of mechanical and electrical equipment with the Architect as necessary 2 Architect retains the right to require prefinished diffusers grilles and other mechanical or electrical devices to be field finished whether or not specifically called for 3 Prime and paint insulated and bare pipes, conduits, boxes insulated and bare ducts hangers brackets collars and supports in exposed locations, except where items are plated or covered with a prefinished coating, orwhere located in mechanical chase spaces Finish paint pnmed equipment to color selected 3 05 CLEANING A Promptly remove paint from adjacent materials or surfaces as work proceeds where spilled splashed or splattered B Cleaning of all surfaces shall be done with non toxic biodegradable products that comly with the California Code of Regulations Title 17 Section 94509 VOC standards for cleaning products C During progress of work, keep premises free from any unnecessary accumulation of tools equipment, surplus materials and debris D Place cotton cloths and material which may constitute a fire hazard in closed metal containers and remove daily from the site E Upon completion of work leave premises neat and clean to the satisfaction of the Architect 3 06 QUALITY CONTROL A Painted finishes shall be subject to evaluation and approval to the satisfaction of the Architect including but not limited to, the following characteristics 1 Consistency and smoothness of surface 2 Coverage and mil thickness 3 Color match between adjacent areas 4 Compliance with approved sample(s) 5 Renovation Projects Satisfactory match to adjacent materials or surfaces where entire wall or ceiling area is not scheduled to receive new finish 09900 5 NACC Handball Court 0743 02 PART 4 SCHEDULES 401 EXTERIOR PAINTING AND FINISHING SCHEDULE NOTE MWF indicates minimum wet film thickness which is a Per coat measurement in mils thickness Systems are based on Sherwin Williams IS W) or as noted Exterior Exposed Steel Surfaces 1 Location Exposed surfaces of exterior steel 2 Primer One (1) coat shop prime or inhibitive metal primer MWF 3 6 mils 3 Finish Two (2) coats alkyd enamel, semi gloss MWF 4 4 mits 4 Product S W Industrial Enamel 5 Color(s) To be selected Exterior Concrete or Concrete Unit Masonry Surfaces 1 Location Exposed concrete or concrete unit masonry walls 2 Primer One (1) coat vinyl acrylic emulsion block filler 3 Finish Two (2) coats acrylic latex low lustre MWF 3 6 mils 4 Product S W A 100 Satin Latex House and Trim 5 Color As selected END OF SECTION 09900 6 NACC Handball Court 0743 02 DIVISION 1 SECTION 01800 —DEFINITION OF BID ITEMS The following items describe the scope of work for this contract and are further clarified through limit of work boundary notes on the drawings and specifications The work described in each Bid Item may contain work from one or several technical specification sections Contractor shall refer to the technical specifications that apply to the individual components Bid Item 1 — Mobilization This work includes the mobilization of personnel equipment and supplies at the project site in preparation for work on the project This item shall also include marshalling disassembly and security of all items indicated on the plans or specifications Payment will be made as work progresses Bid Item 2 — Masonry Contractor shall supply all labor materials and equipment to construct the masonry work for the handball court Work includes installation of block walls and cemenutious coating on the inside play area of the court for a complete item Bid Item 3 — Expanded Metal Ceiling Contractor shall supply all labor materials and equipment to construct the expanded metal ceding for the area in the front court for a complete item (Items specified on the Drawings) Bid Item 4 — Court Wall Paintina Contractor shall supply all labor materials and equipment to paint the handball court CMU block walls for a complete item (Paint Color TBD) END OF SECTION END OF DIVISION 1 City of Fort Collins Section 01800 Definition of Bid Items Park Planning & Development Division Page 1 of 1 Northside Aztlan Community Center Y b i J rJ � F Ir* VICINITY MAP DRAWING INDEX unxl¢Iwu� IT ;z W o MINIMUM APPLICABLE CODES Ib m1YbnmC�tl'�YEI I vmWMN11Mb&Ytl m/b �Jlm CODE ANALYSIS i ®'^^^' 9LJxQOV10OdG� DIRECTORY W�4f` m m 9 9 * 9 a 6 OlOril HANDBALL COURT VhY w e R EXP CAULK a BAR! OC EA( A TOP EOTTOF raS t LAB EDGE so I 1 m ,•n� !31 HANDBALL COURT �. ro m ep-- 0 HANDBALL COURT �Y m 2 GAILY 0 HANDBALL COURT �Y m 2 GAILY STEEL BEAM PAINT STEEL FENCE POST IN i X2 XI/8 BACK TOP BACK CONCRETE STEEL ANGLES PAINT BASE In 13 FLATTENED EXPANDED METAL CEILING WELD TO BEAMS ANGLES PAINT n CEILING BEAM sol 11m 12 CMU Ium I "..l. PLATIR FLUSH IR ExP CAULK a BAR! OC EAf a TOP BOTTC' / roA ODBALL COURT nI FI 0OUNDATION SDI SGA LADDER REIIF IS mL GROAT SOLID RE STRUCT STEEL RE RF RE STRICT CONCRETE GRADE BEAM RE STRUCT 1-1 F— O O Z Q V-jo J JUO Q�—U co 2 ZLL03 J =0U V00 Q LL Z SYMBOLS •moo. uee�rea s ara�a.h [OMc ER W F. nwv. °rw°"�m mr*I�w"`muc"`wnEwwu vmMra � m o�rnw wmFcaEv w� �iY°��wn eEna � ewlMxEs rcxmar n�mra mm rm � ore n m� css e �S u0E1 Q�u m eww ew Mx xxau us4 .aa�F�a.,wM�aw M 6 rcF orl _ ��Rpw rvm �m AFMf wb m wverw0�twms A� m �m a. a�`www 0°11..a1°w a � p na u.m 9enW 9�vtimv s.:.b . F« mF � 1 W Eeq M1'rN M ryy�Mwum NOTES "u�eauTMrwnes wa.ssww ce mx.'�Mry. IYFNOiEs R EOcwc F*E�F IM E4 oneauo.wNO on�n"ruwre wurcwmti wv xcxwEo Er wncera car Ert rx. xu w uw w ���Euessroe 8xY aR�IMOfa �M1E.�S.EN&E iam ffr`u`wu�oa.r�umiws w w wr �Ea� me u� STRUCTURAL DRAWING LIST arae aura_ erEa mia I.f. 5 0 oZ9 VJO J JOO VU may DOE J = O V VV0 Q LL Z (L CLLE axuT cTs a DESIGN CRITERIA W.q W W IXEE as MM m ,W LA w dWP pAM✓MMRI R�rt uC E+v'M YM[igi'EURv✓fTN KIM m XM REHRq PPoLAEGi[4A.VR5If MW YEEOI MIMM PFMWLva MVEY W91P KUKK GENERAL NOTES [M tMME Aw1EYp M VFL u1m5 W VY Y F4pEXFDIP plKw. iEA nMVG GENERAL NOTES CONTINUED roMEBwIw"R°EXwrc"`WwMK xIP q - duVF➢ Er W IEEi rt.¢ WryE9 PFP TEO KC6p FbmINd6M Wxdl U LEM MIGs }tE WSP d CONCRETE NOTES P"u�'a® wurca nu1FAEw AEsswn draA W..rs P�Mm qnK •• K m w d dI�KP� m aK Er R.AK GMR MHWG IXE BP/Pmuiaua v EwWA XG H1YN w W W ryPWP Ed V.4tt unIRIpOM IN[ iu M WIOI XaIEq MICE MW n6lmiclvu cicPw Musxww W muM W P OEfoPYFU xl PLLS fAWM SIOED�iMIE6t MIIpw®OIIEIMSZ MMNI EFry wnxXMPW MM'FIUW HIE W.wE IonvilEu M N] ER dA y9nS W. � 9KO NF i.EN wN W WKIY [Hq p ev EEIXu Mat WEMdNOIIIE q 16ryPb IPEP TKa 9xA'u EWM i MVXkEVP gBGAbIMMM ffK IGx9 IR u � �IX qi xs Ad ¢ sR W K� 4� IHid M RCRgI.HEM�Aux ff�ER[MPdrtEut iq Pd NMmEW R IM gV¢6up LLWMXMEW.FfW WSMU[1KN6W Md W wp u'End wME PA04N PBrEOW B.pu gxfp dwMxrs W HN HArtvK IXSIIIG6@II[M [W MKKI MM vPYRYW Fss WR n4P W5E M& OV WbrtN& WR �"I NE 06tl1®NRKIMK WIVPo MEIdTM ttlllu l0l �IYIXlq 0.W M �W upw9 qMK WEE E6P® M qW WRKPu.K fq ME FmNVIpEW e[W 6 ME LM FlttOMF M wWP XXEEMV IIIa � d �MGSVSItl BEW �"PXaIGIip Fn OEMIIW 65iET51P E0.PEU 4 qeT W'IIP41& PPw5 u5 MHPE VW AE Fq M[E WWG S4 CcxMPK� dltlWwgpmW 1NKSV WKa IOI DM4 CGIM9 NXc Su sw'SEM RAOPoV06FInw5uY �4MPAMP Fits ME .M ✓AMq WT EPEE w WdPL P IX,WA ¢¢IpMW BGME wamKPw PX M«AIGM M _ VMP R w,E �E �OPEKX l�ix�wd".raIWIEV ♦O[OA2P�w MWF® V H IU14 F& EO __ FOUNDATION NOTES ErPHMKE�"�"n`p�P M�I��Ad XPE. dd w EqM Pq IXN twEw IXI.Em.�EwIMIW,.wI K EW gBd.G . p PYLLLIC�S 1 W� rewz. ud edE GLLS"�'itlnuoMa wiw wM do wmEwlln nq dR Mmw EPnEApr E b.WH� M wJ ¢ i1tMM x¢ M I(L6W N Vmw. 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M.Eo KIGRroEPE„WA AIEuq �iMaEr�E4 � e�N1 tt4EiyMp� YT' IWSE WiFA I[rnn.R WVYs MIunCMouxc bA6 NH6 �KP¢PIdcEPHvw� MSG pR MNaM1 G6M1q YpAX SW M IxF M<F {HRWpApT[ �� � vu'MlcnwFlrt rW I u rtu¢du[mlmrs eMcwttc uw Xrtp suuEm w yx V@MO01161LW1YUPW tlY9u rt[i EW"E EiKLVXh REEVE gEIW ISfA ONA WgIOP d @IEOApGYn W PHl[ WAW PttMPER M191 mE0 FLeFncE mlGw Ip PE V Rw AEM W WP pn FMmslw 7 O O N O V�o J _J00 VI• co pOZ LL J =0U (CVO Q LL Z (L MINIMUM CONCRETE COVER �I-IiECiS 4Y m/PI I vuM P mnsm q IEMLrpR ouS2 Z CONCRETE MIX TABLE ERIME WSV~Y fµ�m.V.fAEWhLR W N F�4FOLLMK ltAfir2RZ www rm w 6aEwrz o �wrz rr w w�mrrt ow RDXM tlr M WMot YFwiP iFd rm SEE Awkt YN 4 n�pIG�R PIX�[a�MEUEq Iuis�lXl � Lu pE�°EpXao.Ew mwnErtEaa ar�amwE ux E�w� EVN6A �M aEAw TNFxmau�W�vnixuwn W.IGFo�AWpE4M ER WwiM WYNMT �« wan �w Mwon��aEre w� �Ln mw�< MASONRY oEw� mx4o11Mw�oeG wa m. w EwM.Mo oEw® � �' �oE. �Ea,�r mwLM o. wwE u enwn raw n xw m Enw >"n ss II UP Mrw L10. ELLNL�MT P16!E.PiuhY 40RA W�CWI� � 9E LSCOrt We Eve6 OmEP ua MiEp W 1X OML9MSE64r NOg6 FMGW YGOMFF MFNIP iF➢uC: WES whO x aourw Eu N�IxEIbEU �iEs c�mxr. E� .vamLrs o wfaxE W1aor � � � EuemoE un E*rnuGw wsM� nw+Ev�mw�acn wmorw wcciM STEEL NOTES tlN u wrtS ttw w ENEu pM[ m 6swME rwai e � mrv.r ax wEuttw run an a w ss na amEwaxnEw wwwM �rinv�ro Eau Eo wm�ri w aumusEv cxua � Eam®n ttnrvre mm C ucAWh WEtOS Mu 6F MMflEmlErv�irYl Yv5'MIFp Ecuoaxm� s.i eiEEriEv.. a uu"r`v Lcmiamm w r"`�wi`r WmM"�"'oEw�seL wrs m.w.wr mwwmmLrs SIEELMAIE SCHEDULE wEa .um rvrt g ._. a. Mn I� I �w I I wl tt —. — I PLAN NOTES tt U Ew �aF.: TNS--r_L- 5 Pv SE a M G ryu µpq E„ urt ss wMA�w¢ wl.' LFD �wta�eu-Musww �c E: rw.w Ozg fn J MJVU W 0� U) 009 J 20v VVO Q LL Z (I (LLTV LPaE rTrurEcrs � �J 11 a TOP OF WALL RAN «m�a 12 o GRAOE BEAM I 9 W SOG ISOLATION JOIN r� o FOUNMTION PLHN ow VJO J JZ V COw N QO? J =00 (� V O Q U. Z (IL CLLD LI)CLE 4XWECTS V F-- V 7 The undersigned' Bidder hereby acknowledges receipt of Addenda No through 8 BID SCHEDULE (Base Bid) Project Northside Aztlan Community Center Handball Court Masonry Bid items are descnbed in Section 01800 ID ESTIMATED UNIT ITEM ITEM _# DESCRIPTION QUANTITY UNIT PRICE TOTAL 1 Mobilization 1 LS $ $ S2 2 Masonry1 LS $ seg 00000 3 Expanded Metal Ceding 1 LS $ $ Z$ Opp 4 Court Wall Painting 1 LS $ $ 6 OOOP" TOTAL OF BASE BID $ P 3O OO written o v Dollars 9 PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead profit, insurance, etc , to cover the complete Work in place of the several kinds called for Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price Rev 10/20/07 Section 00300 Page 2 ptt xA N bT m wxn ` III X9RFR SpEF ¢ Nw ww4NN wox II xP �� BRq NY NW x d� RVW W ¢ _ Sunrn � Eclvl.4 ER w vpLL iY o3 � �� EM 10 1 - x TYR GRADE BE WOUNDATION WALL W/ O LAYERS REINF 4 8 w o BEAM TO MAS WALL CONN TYB BAR BEND DETAILS 1 I - a M WNRY WALL R51NF orb- ����_■o����m �o��� ■■o OEN a nwaws¢'m�l w�"r..meaiexr e1cTM" MERNJIm �NEMYE LLX4x4 6.w W1EH NTE W IE¢rp'nER U NI(W ME4 pue4w xmwvTuw Mm�& TWA �Em vn wiw wsw rLvn� rcu flu'n� smwxm XCIE im 4xTmEMY4Um IL'm'¢w NIFWMIiN Nx�' ETEM Fwmsw cm ®pq u Nc65fEGi®� wAEa¢Y�CWWIW4 LE MaAVwR6FFSa® GSY HuiE wIFIGn6AM x Llb.E[4YEP� Truv 6N WxflE M w 4MfA'4__ M ET4' w Srt �¢nra wnFDF ®CMP W Wrs w.vomp� A wMt uu n mu[E W m rgR RMW wu Ew8Y6rt ti WT15 SW ¢fP �q�5/6 m.ImK FAZF[xEWLE04 Vlp 52f W W ®TVN N[tEs ee EVR ENCM KK 4KK LAPSPLICE&DEVELOPMENTLENGTHSCHEWLE C (IL GLLSD UaE ryurECTs PC VVS5 RESPECTFULLY SUBMITTED SGderbera Masonry. Inc CONTRACTOR \ c HY�tz1-EI�AGCO�b • BY �J�`� 1 ' v P: td n+- Signature Date Secretary/Treasurer Title ALA License Number (If Applicable) (Seal - if Bid is by corporation) Attest Address 239 S Summit View Drive Fort Collins, CO 80524 Telephone 970 482 3766 Email stemole@soderberemasonry com Rev 10/20/07 Section 00300 Page 3 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 004201 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 005201 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 006001 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) 006501 - 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 - 00800-2 00900 Addenda Modifications and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960 1 - 00960-4 SPECIFICATIONS DRAWINGS 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 Soderberg Masonry, Inc 2 Permanent main office address 239 S Su= it View Drive, Fort Collins, CO 80524 3 When organized 1950 4 If a corporation, where incorporated Colorado 5 How many years have you been engaged in the contracting business under your present firm or trade names 58 6 Contracts on hand (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion ) See Attached 7 General character of Work performed by your company Mannnry 8 Have you ever failed to complete any Work awarded to your Nn If so, where and why, 9 Have your ever defaulted on a contract? No If so, where and why' 10 Are you debarred by any government agency No If yes list agency name R!v 10/20/07 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 me or equipment available for this contract Forklift aad mixers 1T Experience in construction Work similar in importance to this project Field, Pepsi Center, Denver LaCrosse 14 Background and experience of the principal members of your organization, including officers See Attached 15 Credit available $ 1,000,000 16 17 18 19 20 Bank reference H1 lea Fargp_ Fort C llins — Matt Back 97066 7777 Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER 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? Are any lawsuits pending against you or your firm at this time, No IF yes, DETAIL ReV 10/20/07 Section 00420 Page 2 21 What are the limits of your public liability's DETAIL See Attached Certificate of Insurance What company's Zurich, NA 22 What are your company's bonding limitations'$15 million 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 Z day of 2OQ5 Soderbere Masonry. Inc Name Bidder By of k �-3 Title _ president State of Cnlnradn County of Larimer Charles J Nacos he is Presi ent of Soderberg Masonry, Inc sworn deposes and says that 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 —,r Z day of_,�pe 20g A 1C . ,ct 6t�_ Notary Public My commission expires L1.pak Vol ZO�Z Rev 10/20/07 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract ITEM SUBCONTRRCTOR rl©r15 Section 00430 Page 1 Project Name Location General Contractor Start/Finish Date SODERBERG MASONRY, INC JOBS IN PROGRESS May 2, 2008 3 AZTLAN CENTER (07 125L) Cot Fort Collin, CO Pmkard Construction 04/01/07 09/01/2007 Project Name MELISSA MEMORIAL HOSPITAL (07 120L) Location Holyoke CO General Contractor The Neenan Company -Start/Finish Date 04/01/07 09/04/2007 Project Name THE PELETON (07-100L) Location Boulder CO General Contractor JE Dunn Construction Start/Finish Daze 02/01/07 08/01/2008 Project Name DU - NAGEL HALL (06 230L) Location Denver CO General Contractor Gerald H Phipps, Inc Start/Finish Date 12/01/06 06/15/2008 Project Name CSU NEW ACADEMIC VILLAGE (06 225L) Location Fort Collins CO General Contractor Whiting Turner Contracting Company Start/Finish Date 12/01/06 06/01/2008 Project Name A MOUNTAIN LODGE (06 220L) Location Aspen CO General Contractor Mmeo Associates Start/Finish Date 11/01/06 Amount Contract Amount Contract Amount Contract Amount Contract Amount Contract Amount Project Name UCDHSC CENTER FOR BIOETHICS (06 195L) Contract Amount Location Aurora, CO General Contractor Turner Construction Company Start/Finish Date 11/01/06 10/31/07 $215,337 00 S262,350 00 S2,248,397 00 S4 642,900 00 S683 964 00 S1,456 954 00 $123,742 00 Page 3 SODERBERG MASONRY, INC JOBS IN PROGRESS May 2, 2008 Project Name CU OUTDOOR REC FACILITY (06-180L) Contract Amount $369,044 00 Location Boulder CO General Contractor Turner Construction Company StartfFmish Date 07/01/06 10/31/07 Project Name CU LEEDS SCHOOL OF BUSINESS (06-175L) Contract Amount $1,311,000 00 Location Boulder CO General Contractor Pmkard Construction —Start/Finish Date 07/01/06 11/30/07 Project Name MONROE POINT RESIDENCES (06-170L) Contract Amount $1 121,525 00 Location Denver CO General Contractor Swmerton Builders Start/Fmtsh Date 07/01/06 Project Name UCDHSC EDUC BUILDING I (06-160L) Contract Amount $1,290 446 00 Location Aurora, CO General Contractor Turner Construction Company Start/Finish Date 07/01/06 11/30/07 Project Name RESIDENCES AT LITTLE NELL (06-155L) Contract Amount S4,103,580 00 Location Aspen CO General Contractor Swurerton Builders Start/Fmrsh Date 07/01/06 Project Name FITZSIMONS LIBRARY (06 140L) Contract Amount $1 977 400 00 Location Aurora, CO General Contractor M A Mortenson Company Start/Finish Date 02/01/06 09/30/07 Page 4 SODERBERG MASONRY, INC JOBS IN PROGRESS May 2, 2008 Project Name DU-UTS TECH SERVICES BLDG PHASE 11(08-110 Contract Amount $143,530 00 Location Denver CO General Contractor Saunders Construction Inc Start/Finish Date 06/01/08 Project Name CSU DIAGNOSTIC MEDICINE CENTER (08-1051, Contract Amount 5985,858 00 Location Fort Collins CO .General Contractor Gerald H Phipps, Inc Start/FtmshDate 06/01/08 Project Name CSPII HIGH CUSTODY EXPANSION (08-100L) Contract Amount $4,770,000 00 Location Canon City CO General Contractor JE Jacobs Start/Finish Date 06/01/08 Project Name WILDLIFE EXPERIENCE (07-195L) Contract Amount $143,55000 Location Centennial CO General Contractor Saunders Construction Inc Start/Finish Date 03/01/08 Project Name ARHAUS Q PARK MEADOWS (07 1901) Location Lone Tree CO General Contractor Drake Construction Co Start/Finish Date 01/01/08 Project Name MERIDIAN ONE PARKING (07 185L) Location Denver CO General Contractor Hensel Phelps Construction Co Start/Finish Date 12/01/07 01/15/08 Project Name DENVER JUSTICE CENTER (07 180L) Location Denver CO General Contractor Hensel Phelps Construction Co Start/Finish Date 12/01/07 Project Name BRIGHTON ELEM SCHOOL #10 (07 175L) Location Brighton CO General Contractor Adolfson & Peterson Start/Finish Date 11/01/07 05/01/08 Contract Amount Contract Amount Contract Amount Contract Amount S45,964 00 $22,000 00 S8,980 000 00 $768,000 00 Page I MASONRY, INC JOBS IN PROGRESS May 2, 2008 Project Name RENEWABLE FUEL HEATING PLANT (07 170L) Contract Amount $80,000 00 Location Golden CO General Contractor DRG Construction Start/Finish Date 11/01/07 0229/08 Project Name UNC-WEST CAMPUS HOUSING (07-165L) Contract Amount S3 763102 00 Location Greeley CO General Contractor M A Mortenson Company Start/Finish Date 11/01/07 06/01/2009 Project Name ZI-LOFTS AND TOWNHOMES (07 155L) Contract Amount $440,000 00 Location Denver CO General Contractor Hyder Construction Co Start/Finish Date 11/01/07 06/15/08 Project Name BEAR CREEK HIGH SCHOOL (07 150L) Contract Amount $1,733,000 00 Location Lakewood CO General Contractor Gerald H Phipps Inc Start/Finish Date 10/01/07 Project Name ARISTA PLACE (07 145L) Contract Amount $408 664 00 Location Broomfield CO General Contractor Pmkard Construction Start/Finish Date 10/01/07 04/30/08 Project Name REGAL CONTINENTAL THEATRE (07 140L) Contract Amount $411010 00 Location Denver CO General Contractor VCC USA Start/Finish Date 10/01/07 01/31/08 Project Name THE VISTAS AT PARK MEADOWS (07 135L) Contract Amount $1,150,353 00 Location Lone Tree CO General Contractor The Whiting Turner Contracting Co Start/Finish Date 07/01/07 02/15/08 Project Name 1515 WYNKOOP (07 130L) Contract Amount S3,206,046 00 Location Denver CO General Contractor Holder Construction Start/Finish Date 04/01/07 Page 2 SODERBERG MASONRY, INC CONTRACTOR STATEMENT OF EXPERIENCE 7-Feb-08 2006 KIEWIT WESTERN ADDITION 3 EXPANSION LITTLETON CO 34 728 00 KIEWfT CONSTRUCTION CO 2008 COLORADO RAPIDS DENVER CO 1 919 633 00 TURNER CONSTRUCTION CO 2008 FORT COLLINS POLICE SERVICES BLDG FORT COLLINS CO 890 845 00 THE NEENAN COMPANY 2008 BRIGHTON ELEM SCHOOL #9 BRIGHTON CO 765 431 00 ADOLFSON d PETERSON 2007 WALMART SUPERCENTER CRAIG CO 618 710 00 R C HEATH CONSTRUCTION 2007 POMONA ELEMENTARY SCHOOL MONTROSE CO 151 320 00 THE NEENAN COMPANY 2007 STAPP INTERSTATE TOYOTA FREDERICK CO 82 000 00 CALCON CONSTRUCTORS 2007 573 WEST CRETE CIRCLE GRAND JUNCTION CO 362 126 00 DAVIS BUILDERS 2007 GREEN VALLEY RANCH MOB DENVER CO 296 450 00 CALCON CONSTRUCTORS 2007 CENTURY THEATRES BOULDER 16 BOULDER CO 784 000 00 MOOREFIELD CONSTRUCTION 2007 COSTCO NEW WAREHOUSE THORNTON CO 609 800 00 RMC CONSTRUCTION 2007 BOHEMIAN COMPANY HANGER LOVELAND CO 140 579 00 TECTONIC MANAGEMENT GROUP 2007 ARVADA CENTER FOR THE ARTS ARVADA CO 539 107 00 SAUNDERS CONSTRUCTION 2007 LAKEWOOD COUNTRY CLUB LAKEWOOD CO 370 000 00 CALCON CONSTRUCTORS 2007 REMAX HEADQUARTERS DENVER CO 215 861 00 THE WEITZ COMPANY 2007 NWRC INVASIVE SPECIES FORT COLLINS CO 1 042 605 00 GERALD H PHIPPS 2007 29TH STREET PHASE I STONE/CMU BOULDER CO 3 158 227 00 THE WEITZ COMPANY 2007 ATLAS CENTER @ CU BOULDER CO 1 110 955 00 PCL CONSTRUCTION 2007 MEDICAL CENTER OF THE ROCKIES LOVELAND CO 3 275 356 00 JE DUNN CONSTRUCTION 2007 CENTER FOR DISEASE CONTROL FORT COLLINS CO 1 880 294 00 SKANSKA USA BUILDING INC 2006 REGAL 14 THEATRES GRAND JUNCTION CO 916 557 00 VCC USA 2006 CAPITAL WEST NATIONAL BANK FORT COLLINS CO 243 451 00 DELTA CONSTRUCTION 2006 EAGLE COUNTY FAIRGROUNDS EAGLE CO 206 171 00 VAUGHAN CONSTRUCTION 2006 HOMEWOOD SUITES LAKEWOOD CO 142 788 00 ALWANCE CONSTRCUTION 2006 PROGRESSIVE DATA CENTER COLORADO SPRINGS CO 188 275 00 HOLDER CONSTRUCTION 2006 29TH STREET PARKING GARAGE BOULDER CO 177 203 00 THE WEITZ COMPANY 2006 1600 GLENARM DENVER CO 103 606 00 M A MORTENSON COMPANY 2006 THE WEST WALL LODGE CRESTED BUUTE CO 829 965 00 HASELDEN CONSTRUCTION 2006 BRIGHTON HIGH SCHOOL 02 BRIGHTON CO 2 006 121 00 ADOLFSON 8 PETERSON 2006 BRIGHTON HIGH SCHOOL ADDITION BRIGHTON CO 810 840 00 SAUNDERS CONSTRUCTION 2006 SAINT ANDREWS VILLAGE AURORA CO 94926000 PALACE CONSTRUCTION 2006 DURANGO MEDICAL BUILDING DURANGO CO 698 269 00 LAYTON CONSTRUCTION 2006 ROSE MEDICAL OFFICE BUILDING #4 DENVER CO 643 012 00 CALCON CONSTRUCTORS 2006 WALMART SUPERCENTER AURORA CO 830 057 00 TURNER CONSTRUCTION CO 2006 AURARIA PARKING GARAGE DENVER CO 444 627 00 HASELDEN CONSTRUCTION 2006 ADAMS 12 HIGH SCHOOL NO 5 WESTMINSTER CO 3 198 111 00 ADOLFSON 8 PETERSON 2006 MERCY REGIONAL MEDICAL CENTER DURANGO CO 1 246 006 00 LAYTON CONSTRUCTION 2006 CORTINA MULTI USE BUILDING FORT COLLINS CO 762 577 00 SB CONSTRUCTION LLC 20D6 SPEER BLVD LOFTS DENVER CO 2 118 946 00 THE HANOVER COMPANY 2005 OWEN IL NEW PLANT NO 28 GREELEY CO 831 52300 THE LATHROP COMPANY 2005 COLORADOAN ADDITION FORT COLLINS CO 210 366 00 DOHN CONSTRUCTION INC 2005 OU LACROSSE DENVER CO 989 256 00 PINKARD CONSTRUCTION 2005 DU CRAIG HALL DENVER CO 612 099 00 M A MORTENSON COMPANY 2005 DU HRTM DENVER CO 1 640 156 00 THE WEITZ COMPANY 2005 DENVER SEMINARY DENVER CO 510 958 00 SAUNDERS CONSTRUCTION 7GTcI: SODERBERG MASONRY, INC CONTRACTOR STATEMENT OF 7-Feb-08 2005 CHERRY HILLS COUNTRY CLUB CHERRY HILLS VIL CO 394 251 00 MA MORTENSON COMPANY 20D5 HESKA LOVELAND CO 40 174 00 THE NEENAN COMPANY 2W5 CHERRY CREEK HI RISE APTS-MONUMENT SIGN GLENDALE CO 58 284 00 THE HANOVER COMPANY 2005 STAPLETON FILING #6-PARK CREEK DENVER CO 32 017 00 M A MORTENSON COMPANY 2005 MARTIN LUTHER KING SITE WALLS DENVER CO 113 224 00 M A MORTENSON COMPANY 2005 SWIFT BUILDING GREELEY CO 81 405 00 THE NEENAN COMPANY 2005 NEW FRONTIER BANK GREELEY CO 260 228 00 THISSEN CONSTRUCTION 2005 EXEMPLA LUTHERAN MOB 3 WHEATRIDGE CO 412 693 00 SAUNDERS CONSTRUCTION 2005 CENTER FOR THE ARTS JACKSON WY 298 672 00 GE JOHNSON CONSTRUCTION 2005 BROADWAY LOFTS DENVER CO 13462100 CALCON CONSTRUCTORS 2005 UPSHER-SMITH LABORATORY DENVER CO $163 908 00 RYAN CONSTRUCTION 2005 CSU GSA BUILDING E FORT COLLINS CO $265 322 00 COLORADO JAYNES 2005 CHERRY CREEK NORTH WEST PARKING DENVER CO $714 532 00 M A MORTENSON COMPANY 2005 CROSSROADS CHURCH LOVELAND CO $443 938 00 ADOLFSON & PETERSON 2005 DU TECH SERVICES DENVER CO $490 142 00 SAUNDERS CONSTRUCTION 2005 ST SIMEON CEMETERY AURORA CO $13803300 CALCON CONSTRUCTORS 2004 PREUSS RESIDENCE LOVELAND CO $296 233 00 GUNTER 8 GLORIA PREUSS 2004 BUCKLEY AIR WING HEADQUARTERS AURORA CO $184 620 00 THE WEITZ COMPANY 2004 JOHNSON 8 WALES COLLEGE DENVER CO $70 962 00 SAUNDERS CONSTRUCTION 2004 JACKSON WY PERFORMING ARTS JACKSON WY $298 063 00 G E JOHNSON CONSTRUCTION 2004 AURORA CHOICE SCHOOLS AURORA CO $132 947 00 HASELDEN CONSTRUCTION 2004 CHERRY CREEK NO JW MARRtOTT HOTELIRETAIL DENVER CO $330 771 00 M A MORTENSON CO 2004 BELMAR BLOCK #3 LAKEWOOD CO $1 018 866 00 SWINERTON BUILDERS 2004 TELLURIDE HIGH SCHOOL TELLURIDE CO $527 202 00 THE NEENAN COMPANY 2004 BELMAR BLOCK #2 LAKEWOOD CO $1 564 528 00 SAUNDERS CONSTRUCTION 2004 CSU PERFORMING ARTS CENTER FORT COLLINS CO $725 576 00 G E JOHNSON CONSTRUCTION 2004 CHERRY CREEK NORTH PHASE II DENVER CO $503 302 00 M A MORTENSON 2004 MLK SITE WALLS RECONFIGURATION DENVER CO 120 735 00 M A MORTENSON 2004 FIRST NATIONAL BANK FORT COLLINS CO 325 384 00 ALLIANCE CONSTRUCTION 2004 OSBORNE KIA LAKEWOOD CO 68 972 00 SAHARA CONSTRUCTION 2004 BUCKLEY MISSION CONTROL AURORA CO 34 000 00 KIEWIT CONSTRUCTION 2004 KAISER MEDICAL OFFICE BUILDING LAFAYETTE CO 340 000 00 ADOLFSON 8 PETERSON 2004 ST MARY S HEALTH CARE CENTER PIERRE SD 551 674 00 M A MORTENSON 2004 HULSTROM OPTIONS SCHOOL THORNTON CO 231 60000 G E JOHNSON CONSTRUCTION 2004 STEVINSON TOYOTA WEST LAKEWOOD CO 614 962 00 CALCON CONSTRUCTORS PAGE SECTION 00020 INVITATION TO BID Rev 10/20/07 Section 00020 Page 2 CHARLES J NACOS President Educadon August 1982 — Master of Science Colorado State University May 1981 — Bachelor of Science, Civil Engineering Colorado State University Affibabons The Masonry Society Rocky Mountain Masonry Institute Expenence 1996 - Present President, Soderberg Masonry, Inc 1986 - 1996 Vice President, Soderberg Masonry, Inc 1986 - Present Estimator, Soderberg MasonryInc Quantity surveys on all types of projects contract management pricing and scheduling 1982 - 1983 Structural Enameer. Stage Engineering California Small structural design office Determined solutions for all types of structural problems from remodels to mid -rise structures masonry wood steel concrete aluminum and light -gauge steel 1979 - 1982 Estimator, Soderberg Masonry, Inc 1978 - 1979 Quantity Surveys, Helbert Masonry 1974 1978 Apprentice and Journeyman Bricklayer L C Pardue Masonry, Portland, Oregon SUMMERS 1968 - 1973 American River Touring Association Oakland California Commercial River Boatman & Guide Grand Canyon Arizona SHERRIE TEMPLE Chief Financial Officer Educofron December 1984 Bachelor of Science Business Administration, Emphasis in Accounting, Colorado State University Experience Present Chief Financial Officer. Soderberg Masonry, Inc Manage financial systems including receivables, accounts payable and general ledger Administer and review health insurance, worker's compensation and general liability insurance Review and monitor cash and banking transactions Coordinate general office functions and staff 1997 — 2004 Managed financial system implementation and maintenance Supervised a staff of 14 employees including sales tax, payroll and accounts payable Oversight responsibility for Purchasing and Risk Management divisions Advised City management on complex financial and tax matters Coordinated debt financing - including bonds and lease certificates of participation Performed financial analysis for economic development projects Administered policies relating to municipal revenue and financial management 1994 — 1997 Financial Coordinator, City of Fort Collins, Colorado Responsible for daily cash investments, wire transfers and all banking transactions Responsible for preparing investment reports and analysis for the City's $250 million portfolio and the General Employees Retirement Plan of $30 million 1993 — 1994 Financial Analyst, City of Fort Collins, Colorado 1989 — 1993 Sales Tax Auditor, City of Fort Collins, Colorado 1987 — 1989 Accountant Il, Lanmer County 1985 — 1987 Senior Staff Accountant, Erickson, Hunt & Spillman CPAs SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date June 11, 2008 TO Soderberg Masonry, Inc PROJECT 6104 Northside Aztlan Community Center Handball Court Masonry OWNER CITY OF FORT COLLINS (hereinafter referred to as the OWNER") You are hereby notified that your Bid dated June 2, 2008 for the above project has been considered You are the apparent successful Bidder and have been awarded an Agreement for 6104 Northside Aztlan Community Center Handball Court Masonry The Price of your Agreement is One Hundred Thirty Thousand 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 June 17, 2008 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 PI City of Fort Collins OWNER s B O'Neill, II, CPPO, FNIGP ctor of Purchasing & Risk Management Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 11 day of June in the year of 2008 and shall be effective on the date this AGREEMENT is signed by the City The City of Fort Collins (hereinafter called OWNER) and Soderberg Masonry, Inc (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 6104 Northside Aztlan Community Center Handball Court Masonry ARTICLE 2 ENGINEER The Project has been designed by Aller-Lingle, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents ARTICLE 3 CONTRACT TIMES 3 1 The Work shall be Substantially Completed by August 1, 2008, the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions, on August 11, 2008 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 1 Section 00520 Page 1) Substantial Completion Three Hundred Dollars ($300 00) for each calendar day or fraction thereof that expires after August 1, 2008 the date for Substantial Completion of the Work until the Work is Substantially Complete 2) Final Acceptance After Substantial Completion, One Hundred Fifty Dollars ($150 00) for each calendar day or fraction thereof that expires after August 11, 2008 the date for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance ARTICLE 4 CONTRACT PRICE 4 1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows ($130,000), $One hundred Thirty Thousand 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 56 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 90s 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 2 Section 00520 Page 5 1 2 Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, 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 3 Section 00520 Page Conditions 6 5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents 6 6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR ARTICLE 7 CONTRACT DOCUMENTS 7 1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of Contract Documents in Article 1 10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference 7 2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following 7 2 1 Certificate of Substantial Completion 7 2 2 Certificate of Final Acceptance 7 2 3 Lien Waiver Releases 7 2 4 Consent of Surety 7 2 5 Application for Exemption Certificate 7 2 6Application for Payment 7 3 Drawings, consisting of a cover sheet and sheets numbered as follows PG SHEET TITLE SHEET NO 1 Cover Sheet ARCHITECTURAL 2 Plan, Elevation & Sections STRUCTURAL 3 Abbreviations & 4 Design Criteria 5 General Notes & 6 Plans & Details 7 Details Legends & General Notes Plan Notes SD-1 S-1 S-2 S-3 S-4 S-5 E Section 00520 Page The Contract Drawings shall be stamped "Final for Construction" and dated Any revisions made shall be clearly identified and dated 7 4 Addenda Numbers n/a to n/a, inclusive 7 5 The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3 5 and 3 6 of the General Conditions 7 6 There are no Contract Documents other than those listed or incorporated by reference in this Article 7 The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3 5 and 3 6 of the General Conditions ARTICLE 8 MISCELLANEOUS 8 1 Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions 8 2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document 8 3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document 5 Section 00520 Page OWNER CITY OF FORr�c TT COLLINS By �V� n_nah—' JAMES 'NEILL II, CPPO, FNIGP XBECTOR OF PURCHASING AND RISK MANAGEMENT OF 4 Date Attest City Clerk SEAL Address for giving notices P 0 Box 580 Fort Collins, CO 80522 Approve4 as t i Ass Attorney CONTRACTOR Soderbera Masonrv, Inc By (29 . p- 1'-3 CK,AR�v'�S T_ aP.CoS Title Date (CORPORATE SEAL) aj/ Attest/(+F Address for giving notices' t 239 s S�.�n M�-�.��es.•� �� FT Cnll,.t6 . Co LICENSE NO M Section 00520 Page SECTION 00020 INVITATION TO BID Date May 12, 2008 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 June 2, 2008, for the Northside Aztlan Community Center Handball Court Masonry BID NO 6104 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 Bid 6104 Northside Aztlan Community Center Handball Court Masonry and includes construction of masonry work, expanded metal ceiling and CMU block painting for two concrete three -wall handball courts 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 May 12, 2008 A prebid conference and lob walk with representatives of prospective Bidders will be held at 10 00 a m , on May 20, 2008 at 215 North Mason Street, Conference Room 2A Fort Collins Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting The Contract Documents and Construction Drawings may be examined online at 1 City of Fort Collins BuySpeed https //secure2 fcgov com/bso/login Dsp 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 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 Rev 10/20/07 Section 00020 Page 1 SECTION 00530 NOTICE TO PROCEED Description of Work 6104 Northside Aztlan Community Center Handball Court Masonry 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 0 Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR Soderberg Masonry, Inc M Title 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 0061D PERFORMANCE BOND Bond No 34BCSEZ2052 KNOW ALL MEN BY THESE .PRESENTS that (Firth) Soderberg Masonry Inc (Address) 239 South Summit View Drive FortCollms CO 80524 (WM=* , pa'c>Ht=WX*b'i I (a Corporation), hereinafter referred to as the "Principal" and (Firm) Hartford Casualty Insurance Company (Addres a) Hartford Plaza Hartford CT 06115 hereinafter referred to as "the Surety", are held and firmly bound unto C Lv of Fort Collins, 300 LaAoate Ave Fort Collint Calorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of One Hundred Thirty Thousand and 001100 Dollars S$1304000 00) 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, 3ointly 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 Slth day of .Tune 2008, a copy of which is hereto attached and made a (tart hereof for the performance of The City of Fort Collins plo3ect, '6104 Northsade Aztlan Community Center Handball Court Masonry NOW, THEREFORE, If the. Principal shall well, truly and faithfully perform its -duties, all the undertakings, covenants, terms, condiUrins and agreements of said Agreement during the original term thereofr and any extensxoug t re¢f which may be granted by the OWNER, with or without Notice tit the $1xrety and during the life of the guRtanty period, and xg 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 soj 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 Rew1012=7 Section 00610 Page 1 P�tOVIDEP, FUiiTHER, that the said Suretyp 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 timer 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 beneliciary hereunder, whose claim may be unsatisfied PROVIDED, FURTHER, that the Surety Company must be authorized to transact business zn the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is execl,Tted in three (3) counterparts, *bah one of which shall be deemed an priginal, this18th day of June p 08 IN PRESENCE OF Prinoipsl rtj,\'� k Iv Attest Sonde-r�b(e�rg Masonry Inc *� , By By{� �Q �!'V ?Res. . � �+t 1 r (Title) 239 South Summit View Dove Fort Collms,.CO 80524 (Address) +++� (Corporate Seal) IN PRESENCE Orr N/A N/A Other p4Lrtners By, N/A By N/A IN PRESENCE OF SuretyHartford Casualty Insurance Company Witness ByI ,U(��Sd+dCS`e'ry�,,, vy, By IS - �� ��/� NicoleTVcCollam A omey in Fact Y $�UG HaMord Plaaa�Hartford GT 06115 1 Philip Monasch (Address) ? a (Surety Seal) x NOTE Daite of Bond must not be prior to date of Agreament TE ATM is Partne:Aip, a.11 t partners ahou,id "ecute Bonal'L , Rev 10/20107 Section 00610 Page 2 '1550 17th Street Suite 600 ben,er CO 80202 1657 r SECTION 00615 PAYMENT BOND Bond No 34BCSEZ2052 KNOW ALL MEN`DY THESE PRESENTS that (Firm) Soderberg Masonry Inc (Address) 239 South Summit View Drive Fort Collins CO 60524 (xlb)(X X01XV tk$(1M ( (X)OV isi K*V6ft ) , (a Corporation) , hereinafter referred to as the "Principal" and (Firm) Hartford Casualty Insurance Company (Address) Hartford Plaza Hartford CT06115 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collimms, 300 Laporte Ave , Fort Collies Colorado 50522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of One Hundred Thirty Thousand and 00/100 Dlla ors ($130 000 00) in lawful money of the UnitedStates, 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, doted the lltb, day of June 2008, a copy of which is hereto attached and spade a part hereof for the performance of The City of Fort Collins project, 6104 Northside Aztlan Community Center Handball Court Masonry 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 autborized extension or modificat;ion thereof, including all amounts due for nuatpfials, lubricants, repairs on machinery, equipment and tbbisi 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 ob�igatien shall be void otherwise to remain in full force and effect Rev 1=007 Section 00615 Page 1 PROVIDED, FORTNER, that the said $urety, 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 Speci€icatipns PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisffied PROVIDED, FARTHER, that the Surety Company must be authorized to trarsact business in the State of Colorado and be acceptable to the,OWNER IN WITNESS WHEREOFr this instrument is executed in three (3) counterparts, each one of which shall be deemed on original, this 18th day of June , 2008 IN PRESENCE OF Prinripal Soderberg Masonry Inc Attest $y S 2 t-it 1 GO n (Title) y 239 South Summit View Drive Fort Collins CO 80524 , fi- (Address) b (Corporate Seal) IN PRESENCE()OF Other' Partners N/A N/A N/A N/A IN PRESENCE OF Surety Hartford Casualty Insurance Company Witness Hy 1 to B Q -_ ^� le L McCollam Attorney oey in act A f y 7� Eff Hartford Plaza Hartford CT 06115 , Phillip o as (Address) (Surety Seal) NQTE Date o;E Bond must not be Ag=V*gie4t prior to data of Sf CONTRACTOR. ss Partnership, all partners should execute Bokki , neu 10120107 6 Section 00615 Page 2 0 '1550 17th Street Suite 600 Denver CO $0202 1657 Direct Ingmries/Clarms to POWER OF ATTORNEY PO BOXI2 03BOND T-4 6 0ASYFLUUMADVENUE HARTFORD CONNECTICUT 06115 call 888 266-3488 or fax 860 757 5835 KNOW ALL PERSONS BY THESE PRESENTS THAT Agency Code 34 340140 Hartford Fire Insurance Company a corporation duly organized underthe laws of the State of Connecticut 0 Hartford Casualty Insurance Company a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company a corporation duly organised under the laws of the State of Connecticut Twin City Fire Insurance Company acorporation duly orgaruzed under the laws of the State of Indiana 0 Hartford Insurance Company of Illinois a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest a corporation duly orgaruzed under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford Connecticut, (hereinafter collectively referred to as the Companies) do hereby make constitute and appoint, up to the amount of unlimited Sheryll Shaw Robert L Cohen Sarah Finn Nicole L McCollam Sue Wood Robert J Reiter Bradley Je%ress Kristen McCormick Keith Thompson Jennifer Bub Of Denver CO their true and lawful Attomey(s)-in Fact, each In their separate capacity 0 more than one is named above to sign its name as surety(les) only as delineated above by 0 and to execute seal and acknowledge any and all bonds undertakings contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law In Witness Whereof and as authorized by a Resolution of the Board of Directors of the Companies on January 22 2004 the Companies have caused these presents to be signed by its Assistant Vice President and Its corporate seals to be hereto affixed duly attested by its Assistant Secretary Further pursuant to Resolution of the Board of Directors of the Companies the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney w g ins aai goat °' +°� P ;� y7 � E %7 a it 9 79T) a Paul A Bergenholtz Assistant Secretary M Ross Fisher Assistant Vice President STATE 0 F CON N ECTICUT } ss Hartford COUNTY OFHARTFORD On this 1 `day of February 2004 before me personally came M Ross Fisher to me known who being by me duly sworn did depose and say that he resides in the County of Hartford State of Connecticut that he Is the Assistant Vice President of the Companies the corporations described in and which executed the above instrument that he knows the seals of the said corporations that the seals affixed to the said instrument are such corporate seals that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority 0 ,6,-v -x Scutt E Pac.ka Norsry Public CERTIFICATE My Commnsswn Expaes Ooroball 2007 I the undersigned Assistant Vice President of the Companies DO HEREBY CERTIFY that the above and foregoing Is a true and correct copy of the Power of Attorney executed by said Companies which is still in full force eiteetweaset,.lypprl.8, 2008 Signed and sealed at the City of Hartford ��\ "• "'J- 4 '�M� e , • ``� 9 any Toy*24411l rfr?&:,34L/� Gafy,W Stumper Assistant Vice President SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance Rev 10/20/07 Section 00630 Page 1 Jun 26 08 1218p SODERBERG MASONRY INC Client# 10116 9704823768 SODNIAS p2 ACORDY CERTIFICATE OF LIABILITY INSURANCE °ATE'""°°"' 6123108 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 700 Broadway Suite 1000 Denver, CO 80203 HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 303 837 8500 INSURERS AFFORDING COVERAGE INSURED Soderberg Masonry Inc Fort Collins CO 80514 or S Summit Drive F NSURERA Zurich American Insurance Company NSURERB National Union Fire Ins Co of Pitts NSURERC Hartford Insurance Group NSURERD NSVRERE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OFSUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS MR TPEOFNSURANCE POLICY NU m POLICYEFFECTIVE DATE IMMID00YY1 OLICYM IFUMN DATE IMMO�l 03/01/09 DNT9 A GENERAL SIUTY GLO831156507 03101/OB EACH OCCURRENCE $1000000 FIRE DAMAGE (Arw"") 5100000 X COMMERCUILGENERALLWBILITY CLAIMS MADE lid CCCUR MED EXP IAm one pawn) $10000 PERSONALS ADV INJURY 51,000,000 _ GENERAL AGGREGATE f D00 000 GEVL AGGREGATE PoucY X LIMITAPPLIES PER PRO' X Lc PRODUCTS COMPIOPAGG 52000000 A Au-DfnsILE X UABIIm ANYA,1TO BAP831156407 03/01/08 03/01/09 :OMSINED SINGLE LIMIT (Es midwl) $1,000 000 ALL OA'NED AUTOS SCHEDULEOAUTOS BODILY INJURY Per pa wn) S X X HIREDAUTOS NONLWNEO AUTOS BODILY INJURY IPerwcdem) S PROPERTY DAMAGE IPerewdenl) f GARAGE LIABILITY AUTOONLY EAACCIDENT Is OTHER THAN EA ACC f ANYAUTO f AUTOONLY AGC B EXCESS X1 LIABILITY CCCIN FIC[AIMSMADE SE9733948 03/01108 0=1109 EACHOCCURRENCE f4 000 000 AGGREGATE S 000000 S f DE W CT BLE s RETENTION S A WORKERS SAnox AxD ENPLOYERS LIABILITY WC83115B307 03/01108 03/01109 X WCSTATU orH- EX EACH ACODENT $1 000000 EA DISEASE EA EMPLOYEE $1 000000 EL DISEASE POLICY LIMIT S1.000.000 C OTHER UR/B Equip 134UUMAK3854 03MI108 03/01109 $250k Llmltl$1 000 Dad C nstall Floater j$500 000 Limit 03/01108 03/01109 $600 000 Temp Location 51 On 000 Transit OESCRIPTION OFO WATIONSILOCATMSNEHICLESRDICLIISIONSMOED BY ENDORSEfENT/SPEGIALPROIRSIONS This policy does include coverage for Explosion Collapse and Underground coverage Northside Aalan Handball Court 112 E Willow Fort Collins CO 80524 SHOULD ANYOFTHEAS WED ES MED POLIO IRS BE CANCELLED BE FORETNE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TOMAIL3O—OAYSWRITTEN NOPCETOTHECERrFWATEHOLOERMAMEOTOTHELEFi BUi FA%.URE M00808HALL IMPOSE NOOBLIGATION OR LIABILITY OF ANYIOND UPON TH E INSURER ITS AGENTS OR r e.vw Aav %"., )1 Or Z 05535355IM524596 KXC 0 ACORD CORPORATION 1988 Jun 26 08 12 18p SODERBERG MASONRY INC 9704823768 p 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(les) must be endorsed A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements) If SUBROGATION IS WAIVED subject to the terms and conditions of the policy certain policies may require an endorsement A statement on this certificate does not confer nghts to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereor AcaRo25s(7r5712 of 2 #S535858/M524596 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 -39 James B O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director Rev 10/20/07 Section 00020 Page 2 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE 6104 Northside Aztlan Community Center Handball Court Masonry PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colorado INCLUDE OWNER City of Fort Collins CONTRACTOR Soderberg Masonry Inc CONTRACT DATE June 11, 2008 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 l:19 CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the substantially complete and will assume full possession of the specified area of the project at 12 01 a m , on responsibility for heat, utilities, security, and insurance Contract Documents shall be as set forth under Remarks" below CITY OF FORT COLLINS, COLORADO By OWNER REMARKS AUTHORIZED REPRESENTATIVE project as project or The under the DATE Rev 10/20/07 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20 TO Soderberg Masonry, Inc Gentlemen 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, 6104 Northside Aztlan Community Center Handball Court Masonry 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 June 11, 2008 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date 20 Sincerely, OWNER City of Fort Collins By Title ATTEST Title Rev 10/20/07 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO City of Fort Collins, Colorado (OWNER) FROM _Soderberg Masonry Inc (CONTRACTOR) PROJECT 6104 Northside Aztlan Community Center Handball Court Masonry 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 Rev 10/20/07 Section 00650 Page 1 project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims 5 The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project Signed this day of , 20 CONTRACTOR Soderberg Masonry, Inc WN 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 Rev 10/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR Soderberg Masonry, Inc PROJECT 6104 Northside Aztlan Community Center Handball Court Masonry CONTRACT DATE June 11, 2008 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of (Surety Company) BAr ATTACH Power of Attorney and Certificate of Authority of Attorney(s)- in-Fact Rev 10/20/07 Section 00660 Page 1 SECTION 00670 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232 2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26 114(1)(a)(XIX) DI Uu Nu VVRI IC IN IMIA The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below This exemption does not include or apply to the purchase or rental of equipment supplies and materials which are purchased rented or consumed by the contractor and which do not become part of the structure highway road street or other public works owned and used by the exempt organization Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law A separate certificate is required for each contract Subcontractors will not be Issued Certificates of Exemption by the Department of Revenue It is the responsibility of the prime contractor to Issue certificates to each of the subcontractors (See reverse side) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED Registration/Account No (to be assigned by DOR) Period 89 - 0170-750 (999) s0 00 CONTRACTOR UVFORAgATION Trade name/DBA owner partner or corporate name Mailing address (Cdy State Ap) Contact Person E Mall address Federal Employers Identification Number Bid amount for your contract Fax Number ( ) Business telephone number Colorado withholding tax account number C"pJjps of contract or agreement pagesft)1&0*69 the 4on# nwngl Mies V.^PMP"1siQN INf OGIRMATXON ao&(2)eonfatriingai6hatunllsofbm*4GttflgtortierhrstbWAic%eet. Name of exempt organization (as shown on contract) Exempt organization s number 98 - Address of exempt orgarnzation (CIry State Zip) Principal contact at exempt organization Principal contact s telephone number Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year construction start date Estimated Month Day Year completion 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 officer Title of corporate officer Date DO NOT WRITE BELOW THIS LINE SP Special Notice Contractors who have completed this application in the past please note the following changes in procedure The Department will no longer issue individual Certificates of exemption to subcontractors Only prime contractors will receive a Contractors Exemption Certificate on exempt protects Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor s name and address and signing it The original Certificate should always be retained by the prime contractor Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractors 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 protects This should be your permanent number For instance if you were assigned 89-12345-0001 every application submitted thereafter should contain 89-12345 on the application The succeeding numbers will be issued by the Department of Revenue DO NOT enter what you believe to be the next in sequence as this may delay processing of your application SECTION 00700 GENERAL CONDITIONS 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 lase 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) SECTION 00100 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Number & Title DEFINITIONS 11 Addenda 12 Agreement 1 3 Application for Payment 1 4 Asbestos 1 5 Bid 16 Bidding Documents 17 Bidding Requirements 18 Bonds 1 9 Change Order 1 10 Contract Documents 1 11 Contract Price 112 Contract Times 113 CONTRACTOR 1 14 defechve 1 15 Drawings 1 16 Effective Date of the Agreement 117 ENGINEER 1 18 ENGINEERS Consultant 1 19 Field Order 1 20 General Requirements 1 21 Hazardous Waste 122 a Laws and Regulations Laws or Regulations 122 b Legal Holidays 123 Liens 124 Milestone 1 25 Notice of Award 1 26 Notice to Proceed 127 OWNER 1 28 Partial Utilization 129 PCBs 130 Petroleum 131 Project 1 32 a Radioactive Material 132 b Regular Working Hours 1 33 Resident Project Representative 134 Samples 135 Shop Drawings 1 36 Specifications 1 37 Subcontractor 138 Substantial Completion 139 Supplementary Conditions 140 Supplier 141 Underground Facilities 1 42 Unit Price Work 143 Work 144 Work Change Directive 145 Written Amendment Page Article or Paragraph Number Number & Title 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 23 3 3 3 3 Page Number PRELIMINARY MATTERS 3 21 Delivery of Bonds 3 22 Copies of Documents 3 23 Commencement of Contract Times Notice to Proceed 3 24 Starting the Wort. 3 2 D 27 Before Starting Construction CONTRACTOR s Responsibility to Report Preliminary Schediles Delivery of Certificates of Insurance 34 2 8 Reconstruction Conference 4 29 Initially Acceptable Schedules 4 CONTRACT DOCUMENTS INTENT AMENDING REUSE 4 3 1 32 Intent 4 3 3 Reference to btandards and Speci fications of Technical Societies Reporting and Resolving Dis crepancies 4 5 34 Intent of Certain Terms or Adjectives 5 3 5 Amending Contract Doctm ents 5 36 Supplementing Contract Documents 5 3 7 Reuse of Documents 5 AVAILABILITY OF LANDS SUBSURFACE AND PHYSICAL CONDITIONS REFERENCE POINTS 5 41 Availability of Lands 56 42 Subsurface and Physical Conditions 6 42 1 Reports and Drawings 6 4 2 2 Lim ited Reliance by CONTRAC TORAuthorized Technical Data 6 4 2 3 Nonce of Differing Subsurface or Physical Conditions 6 424 ENGINEER s Review 6 42 5 Possible Contract Documents Change 6 426 Possible Price and Times Adjustments 6 7 43 Physical Conditions Underground Facilities 7 43 1 Shown or Indicated 7 43 2 Not Shown or Indicated 7 44 Reference Points 7 EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 45 Asbestos, PCBs Petroleum 625 Submittal Proceedures CON Hazardous Waste or TRACTORS Review Prior Radioactive Material 7 8 to Shop Drawing or Sample Submittal 16 5 BONDS AND INSURANCE 8 626 Shop Drawing & Sample Submit 5 1 5 2 Performance Payment and Other talc Review by ENGINEER 16 17 Bonds 8 627 Responsibility for Variations 53 Licensed Sureties and Insurers From Contract Docum ents 17 Certificates of Insurance 8 628 Related Work Performed Prior 54 CONTRACTORS Liability to ENGINEERS Review and Insurance 9 Approval of Required 55 OWNER s Liability Insurance 9 Submittals 17 56 Property Insurance 9 10 629 Continuing the Work 17 57 Bwler and Machinery or Addi 630 CONTRACTORS General tional Property Insurance 10 Warranty and Guarantee 17 58 Notice of Cancellation Proesion 10 631 6 3� Indemnification 17 18 59 CONTRACTOR s Responsibility 634 Survival of Obligations 18 for Deductible Amounts 10 510 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 74 Coordination 18 Insurance Proceeds 10 11 D 14 Acceptance of Bonds and Insa 8 OWNER S RESPONSIBILITIES 18 ante Option to Replace 11 8 1 Communications to CON 5 15 Partial Utilization Property TRACTOR 18 Insurance 11 92 Replacement of ENGINEER 18 93 Furnish Data andPay Promptly 6 CONTRACTOR S RESPONSIBILITIES 11 When Due 18 6 1 6 2 Supervision and Superintendence 11 84 Lands and Easements Reports 6 3 6 5 Labor Materials and Equipment 11 12 and Tests 18 19 66 Progress Schedule 12 85 Insurance 19 6 7 Substitutes and Or Equal Items 8 6 Change Orders 19 CONTRACTORS Expense 87 Inspections Tests and Substitute Construction Approvals 19 Methods or Procedures 8 8 Stop or Suspend Work ENGINEERS Evaluation 1213 Terminate CONTRACTORS 6 8 6 11 Concerning Subcontractors Services 19 Suppliers and Others 8 9 Limitations on OWNERS Waiver of Rights 13 14 Responsibilities 19 6 12 Patent Fees and Rovalties 14 8 10 Asbestos PCBs Petroleum 6 13 Permits 14 Hazardous Waste or 6 14 Laws and Regulations 14 Radioactive Material 19 6 15 Taxes 14 15 8 11 Evidence of Financal 616 Use of Premises 15 Arrangements 19 617 Site Cleanliness 15 6 18 Safe Structural Loading 15 9 ENGINEERS STATUS DURING 6 19 Record Documents 15 CONSTRUCTION 19 620 Safety and Protection 15 16 91 OWNERS Representative 19 6 21 Safety Representative 16 9 2 Visits to Site 19 622 Hazard Communication Programs 16 9 3 Project Representative 1921 623 Emergencies 16 94 Clarifications and Interpre 624 Shop Drawings and Sam plea 16 Lotions 21 9 5 Authorized Variations in V&k 21 EICDC GENERAL CONDITIONS 1910 3 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 96 Rejecting Defective Work 2] 138 139 Uncovering Work at ENGI 9799 Shop Drawings Change Orders NEER s Request 27 28 and Payments 21 1310 OWNER May Stop the Work 28 910 Determmatims for Unit Prices 21 22 13 11 Correction or Removal of 911 9 12 Decisions on Disputes ENGI Defective Work 28 NEER as Initial Interpreter 22 13 12 Correction Period 28 913 Limitations on ENGINEERS 1313 Acceptance ofDefective Work 28 Authority and Responsibilities 2223 13 14 OWNER May Correct Defective Work 28 29 CHANGES IN THE WORK 23 10 1 OWNERS Ordered Change 23 14 PAYMENTS TO CONTRACTOR AND 102 Claim for Adjustment 23 COMPLETION 29 103 Work Not Required by Contract 141 Schedule of Values 29 Documents 23 142 Application for Progress 104 Change Orders 2� Payment 29 105 Notification of Surety 23 143 CONTRACTORs Warranty of Title 29 CHANGE OF CONTRACT PRICE 23 144 147 Review of Applications for 11 1 11 3 Contract Price Claim for Progress Payments 2930 Adjustment Value of 148 149 Substantial Completion 30 the Work 23 24 1410 Partial Utilization 3031 11 4 Cost of the Work 2425 1411 Final Inspection 31 1 15 Exclusions to Cost of the Work 25 1412 Final Application for Payment 31 11 6 CONTRACTORS Fee 25 14 13 14 14 Final Payment and Acceptance 31 11 7 Cost Records 25 26 14 15 Waiver of Claims 31 32 11 8 Cash Allowances 26 11 9 Unit Price Wort. 26 15 SUSPENSION OF WORK AND TERMINATION 32 CHANGE OF CONTRACT TIMES 26 151 OWNER May Suspend Work 32 12 1 Claim for Adjustment 26 152 154 OWNER May Terminate 32 12 2 Time of the Essence 26 1) 5 CONTRACTOR May Stop 12 3 Delays Beyond CONTRACTORS Work or Terminate 3233 Control 26 27 12 4 Delays Beyond OWNERS and 16 DISPUTE RESOLUTION 33 CONTRACTORS Control 27 17 MISCELLANEOUS 33 TESTS AND INSPECTIONS CORRECTION 171 Giving Notice 33 REMOVAL OR ACCEPTANCE OF 172 Computation of Times 33 DEFECTIVE WORK 27 173 Notice of Claim 33 131 Notice of Defects 27 174 Cumulative Remedies 33 13 2 Access to the Work 27 175 Professional Fees and Court 13 3 Tests and Inspections Costs Included 33 CONTRACTORS Cooperation 27 176 Applicable State Laws 3134 13 4 OWNERS Responsibil ittes Intentionally left blank 35 Independent Testing Laboratory 27 13 a CONTRACTORS EXHIBIT GC A (Optional) Responsibilities 27 Dispute Resolution Agreement GC A] 136 137 Covering Work Prior to Inspec 161 166 Arbitration GC At Lion Testing or Approval 27 167 Mediation GC Al E1CDC GENERAL CONDITIONS 1910 S (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of Bonds and Insurance 514 defective Work 104 1 135 1313 final payment 912, 1415 insurance 5 14 other Work, by CONTRACTOR 73 Substitutes and Or Equal Items 6 7 1 Work by OWNER 25 630 634 Access to the Lands OWNER and CONTRACTOR responsibilities 4 1 site related Work 72 Work 132 13 14 149 Acts or Omissions Acts and Omissions CONTRACTOR 6919133 ENGINEER 620 9 133 OWNER 620 89 Addenda definition of (also see definition of Specifications) (1 6 1 10 6 19) 1 1 Additional Propertv Insurances s 7 Adlustm ents Contract Price or Contract Times 15 35 41 432 452 453 94 95 102104 11 12 148 151 progress schedule 66 Agreement definition of 12 All Risk Insurance policy form 562 Allowances Cash 118 Amending Contract Documents 35 Amendment Written in general 1 10 145 3 5 5 10 5 12 6 6 2 682 619 101 104 112 121 13 12 2 1472 Appeal OWNER cr CONTRACTOR intent to 9 10 9 11 10 4 16 2 16 5 Application for Payment definition of 13 ENGINEERS Responsibility 99 final payment 9 13 4 9 13 5 14 12 14 15 in general 28 29 5 64 9 10 155 progress payment 141 147 review of 144 147 Arbitration 161 166 Asbestos claims pursuant thereto 452 4 5 3 CONTRACTOR authorized to stop Work 4 5 2 definition of 14 Article or Paragraph Number OWNER responsibility for 4 5 1 8 10 possible price and times change 452 Authorized Variations in Work 36 625 627 v 5 Availability of Lands 4 18 4 Award 'Notice of defined 125 Before Starting Construction 25 2 8 Bid definition of 1 5 (1 1 1 10 2 3 3 3 4264 613 1143 1191) Bidding Documents definition of 16(682) Bidding Requirements definition of 1 7 (1 1 4 2 6 2) Bonds acceptance of 514 additional bonds 105 11459 Cost of the Work 1154 definition of 1 8 delivery of 21 5 1 final Application for Payment 1412 1414 general 110 5 1 5 3 5 13 913 105 1476 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 54 11 5 8 5 15 ( ash Allowances 11 8 Certificate of Substantial Completion 1 38 63023 148 1410 Certificates of Inspection 9 13 4 13 5 14 12 Certificates of Insurance 2 7 53 5411 5413 565 58 514 9 13 4 1412 Change in Contract Price Cash Allowances 11 8 claim for price adjustment 4 1 4 2 6 4 5 5 15 6 8 2 9 4 95 911 102 105 112 139 13 13 13 14 14 7 151 15 5 CONTRACTORS fee 116 Cost of the Work general 1 l 4 117 Exclusions to 115 Cost Records 117 in general 1 19 144 9 11 10 4 2 1043 11 Lump Sum Pricing 1132 Notification of Surety 10 Scope of 103 104 Testing and Inspection Uncovering the Work 13 9 EICDC GENERAL CONDITIONS 1910 S (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REN 9/99) Unit Price Wort. 119 Article or Paragraph Number Value of Work Change in Contract Times Claim for times adjustment 41 426 45 682 94 95 911 102 105 139 1313 1314 147 151 Contractual time limits Delays beyond CONTRACTORS control Delays beyond OWNERS and CONTRACTORS control Notification of surety Scope of change Change Orders Acceptance of Defective Work Amending Contract Docum ents Cash Allowances Change of Contract Price Change of Contract Times Changes in the Work CONTRACTORsfee Cost of the Wok Cost Records definition of emergencies ENGINEER s responsibility 98 104 execution of CONTRACTORS Fee fID Article or Paragraph Number 113 CONTRACTOR s liability 14 Cost of the Work 515 Decisions on Disputes 121 Dispute Resolution 155 Dispute Resolution Agreement 122 ENGINEER as initial interpreter Lump Sinn Pricing 123 Notice of 124 105 103104 13 13 35 11 8 12 10 116 114117 11 7 19 623 11 2 121 104 Indemnifrcnon 6 12 6 16 6 31 6 33 Insurance Bonds and 510 5 13 105 OWNER may terminate 152 154 OWNERS Responsibility 86 104 Physical Conditions bubsurface and 42 Underground Facilities 432 Record Documents 6 19 Scope of Change 103 104 Substitutes 673 6 8 2 Unit Price Work 119 value of Work, covered by 11 3 Changes in the Work 10 Notification of surety 105 OWNER s and CONTRACTORS responsibilities 104 Right to an adjustment 102 Scope of change 103 104 Claims against CONTRACTOR 6 16 against ENGINEER 632 against OWNER 632 Change of Contract Price o 4 112 Change of Contract Times 94 121 CONTRACTORs 4 71 94 95 911 102 11 2 119 12 1 13 9 148 151 155 173 612, 616 631 11 4 115 911 012 161 161 166 911 1132 173 OWNERS 94 95 911 102 It 2 119 121 139 1313 1314 173 OWNERS liability OWNER may refuse to make payment Professional Fees and Court Costs Included request for formal decision on Substitute Items Time Extension Time requirements Unit Price Work Value of Waiver of on Final Payment Work Change Directive written notice required Clarifications and Interpretations Clean Site Codes of Technical Society Organization or Association Commencement of Contract Tunes Communications general Hazard Communication Programs Completion Final Application for Payment Final Inspection Final Payment and Acceptance Partial Utilization Substantial Completion Waiver of Claims Computation of Times Concerning Subcontractors Suppliers and Others Conferences initially acceptable schedules preconstruction Conflict Error Ambiguity Discrepancy CONTRACTOR to Report Construction before starting by CONTRACTOR Construction Machmery Equipment etc Continuing the Work Contract Documents Amending Bonds )5 147 175 911 6712 121 911 121 1193 113 14 14 14 15 102 911 112 121 363 94 911 617 333 23 62 692 81 622 1412 1411 14 13 1414 1410 138 148149 14 15 1721 1722 MR -rill 29 28 25 332 2527 64 629 104 35 51 EJCD( GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances I1 8 Stop Work requirements 452 CONTRACTORs— Article or Paragraph Number Change of Contract Price Change of Contract Times Changes in the Work check and verify Clarifications and Interpretations 3 2- definition of ENGINEER as initial interpreter of ENGINEER as OWNER s representative general3 Insurance Intent 11 12 104105 25 36 94 911 1 10 911 91 minor narrations in the Work OWNERS responsibility to furnish data OWNER s responsibility to make prompt payment 83 precedence Record Documents Reference to Standards and Specifications of Technical Societies Related Work Reporting and Resolving Discrepancies Reuse of Supplementing Termination of ENGINEERS Employmen Unit Price Work variations 36 Visits to Site ENGINEERS Contract Price adjustment of 35 41 94 103 Change of Decision on Disputes definition of Contract Times 53 3134 36 83 144 1413 31 333 619 33 72 25 33 37 36 82 119 623 627 92 adjustor ent of 3 5 4 1 9 4 10 3 12 Change of 121 124 Commencement of 23 definition of 1 12 CONTRACTOR Acceptance of Insurance 5 14 Communications 62 692 Continue Work 629 104 coordination and scheduling 692 definition of 1 13 Limited Reliance on Technical Data Authorized 422 Mav Stop Work or Terminate 15 5 provide site access to others 72 132 Safety and Protection 43 12 6 16 6 18 621623 72 132 Shop Drawing and Sample Review Prior to Submittal 625 NI Article or Paragraph Number Compensation 11 1 11 2 Continuing Obligation 1415 Defective Work 96 13 10-1314 Duty to correct defective Work 13 11 Duty to Report Changes in the Work caused by Emergency 623 Defects in Work of Others 7 j Differing conditions 4 2 3 Discrepancy in Documents 2 5 3 3 2 6 142 Underground Facilities not indicated 4 3 2 Emergencies 623 Equipment and Machinery Rental Cost of the Work 11453 Fee Cost Plus 114 6 6 115 1 11 6 General Warranty and Guarantee 630 Hazard Communication Programs 622 Indemnification 6 12 6 16 631 633 Inspection of the Work 73 134 Labor Materials and Equipment 6 3 6 5 Laws and Regulations Compliance by 6 14 1 Liability Insurance 54 Notice of Intent to Appeal 910 104 obligation to perform and complete the Work 630 Patent Fees and Royalties paid for by o 12 Performance and Other Bonds 5 I Permits obtained and paid for by 613 Progress Schedule 26 28 2.9 66 629 104 1521 Request for formal decisionon disputes 911 Responsibilities Changes in the Work 101 Concerning Subcontractors Suppliers and Others 6 8 6 11 Continuing the Work 629 104 CONTRACTORS expense 6 7 1 CONTRACTORS General Warranty and Guarantee 630 CONTRACTOR s review prior to Shop Drawing or Sample submittal 625 Coordination of Work 692 Emergencies 623 ENGINEERS evaluation Substitutes or Or Equal Items 673 For Acts and Omissions of Others 691 692 913 for deductible amounts insurance 59 general 6 72 73 89 Hazardous Communication Programs 622 Indemnification 611 633 E1CDC GENERAL CONDITIONS 1910 a (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICA17ONS (REV 9/99) Labor Materials and Equipment 6 3 6 5 CONTRACTORS other 7 Laws and Regulations 614 Contractual Liability Insurance 54 10 Liabilitv Insurance 5 4 Contractual Time Limits 122 Article or Paragraph Number Notice of variation from Contract Documents 627 Patent Fees and Royalties 612 Permits 6 13 Progress Schedule 66 Record Documents 619 related Work performed prior to ENGINEER s approval of required submittals 628 safe structural loading 6 18 Safety and Protection 620 72 132 Safety Representative 621 Scheduling the Work 692 Shop Drawings and Samples 624 Shop Drawings and Samples Review by ENGINEER 626 Site Cleanliness 617 Submittal Procedures 625 Substitute Construction Methods and Procedures 672 Substitutes and Or Equal Items 67 1 Superintendence 62 Supervision 61 Survival of Obligations 634 Taxes 6 15 Tests and Inspections 135 To Report 25 Use of Premises 6 16 6 18 6 30 2 4 Review Prior to Shop Drawing or Sample Submittal 625 Right to adjustment for changes in the Work 102 right to claim 4 7 1 9 4 9 5 9 11 10 2 11 2 119 121 139 148 151 U5 173 Safety and Protection 620622 72 13 2 Safety Representative 621 Shop Drawings and Samples Submittals 6 24 6 28 Special Consultants 1144 Substitute Construction Methods and Procedures 6 7 Substitutes and Or Equal Items Expense 6 7 1 672 Subcontractors Suppliers and Others 68 611 Supervision and Superintendence 61 62 621 Taxes Payment by 615 Use of Premises 6 16 6 18 Warranties and guarantees 6 5 630 Warranty of Title 143 Written Notice Required CONTRACTOR stop Work or terminate 155 Reports of Differing Subsurface and Physical Conditions 423 Substantial Completion 14 8 tin Article or Paragraph Number Coordination CONTRACTOR s responsibility 692 Copies of Documents 2 2 Correction Period 13 12 Correction Removal or Acceptance of Defective Work in general 104 1 13 10 13 14 Acceptance ofDefecnve Work 1313 Correction or Removal of Defective Work 630 13 11 Correction Period 13 12 OWNER May Correct Defective Work 1314 OWNER May Stop Work 13 10 Cost of Tests and Inspections 134 Records 11 7 Cost of the Work Bonds and insurance additional 11459 Cash Discounts 1142 CONTRACTOR s Fee 11 6 Employee Expenses 11 4 5 1 Exclusions to 11 5 General 4 11 5 Home office and overhead expenses 11 5 Losses and damages 114 56 Materials and equipment 1142 Minor expenses 11458 Payroll costs on changes 11 41 performed by Subcontractors 11 43 Records 117 Rentals of construction equipment and machinery 11453 Royalty payments permits and license fees 114 5 5 Site office and temporary facilities 11452 Special Consultants CONTRACTORS 1144 Supplemental 11 45 Taxes related to the Work 11454 Tests and Inspection 134 Trade Diwounm 1142 Utilities fuel and sanitary facilities 11457 Work after regular hours 11 4 1 Covering Work 13 6 1i 7 Cumulatn e Remedies 174 175 Cutting fitting and patching 72 Data, to be furnished by OWNER 83 Day definition of 1722 Decisions on Disputes 9 11 9 12 defective definition of 1 14 defective Work Acceptance of 1041 13 13 EICDC GENERAL CONDITIONS 1910 8 0990 EDI[ION ) W CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Correction or Removal of Correction Period in general 104 1 1311 OWNER s Representative 13 12 Payments to the CONTRACTOR 13 147 1411 Responsibility for Recommendation of Payment Article or Paragraph Number Observation by ENGINEER OWNER May Stop Work Prompt Notice of Defects Rejecting Uncovering the Work Definitions Delays 4 1 629 Delivery of Bonds Delivery of certificates of insurance Determinations for Unit Prices Differing Subsurface or Physical Conditions Notice of ENGINEERS Review Possible Contract Documents Change Possible Price and Times Adjustments Discrepancies Reporting and Resolving 25 Dispute Resolution Agreement Arbitration genera116 Mediation Dispute Resolution Agreement Disputes Decisions by ENGINEER Doeum ents Copies of Record 6 19 Reuse of Drawings definition of Easements Effective date of Agreement definition of Emergencies ENGINEER 92 13 10 131 96 13 8 1 123124 21 27 910 423 424 425 426 332 6142 161 166 161 165 166 161 166 911 9 12 22 37 1 15 41 1 16 623 as initial interpreter on disputes 911 9 12 definition of 1 17 Limitations on authority and responsibilities 913 Replacement of 82 Resident Project Representative 93 ENGINEER s Consultant definition of 1 18 ENGINEERS authority and responsibility limitations on 913 Authorized Variations in the Work 95 Change Orders responsibility for 97 10 11 12 Clarifications and Interpretations 3 63 94 Decisions on Disputes 911 912 defective Work notice of 13 1 Evaluation of Substitute Items 673 Liability 632 912 Notice Work is Acceptable 1413 Observations 6 30 2 92 91 99 14 144 1413 Article or Paragraph Number Responsibilities Limitations on 9 11 9 13 Review of Reports on Differing Subsurface and Physical Conditions 424 Shop Drawings and Samples review responsibility 626 Status During Ccristruction authorized variations in the Work 95 Clarifications and Interpretations 94 Decisions on Disputes 9 11 912 Determinations on Unit Price 910 ENGINEER as Initial Interpreter 911 912 ENGINEER s Responsibilities 9 1 912 Limitations on ENGINEER s Authority and Responsibilities 9 13 OWNERS Representative 01 Project Representative 93 Rejecting Defective Work o6 Shop Drawings Change Orders and Payments 9799 Visits to Site 92 Unit Price determinations 910 Visits to Site 92 Written consent required 72 91 Equipment Labor Materials and 6 3 6 5 Equipment rental Cost of the Work 11 4 5 3 Equivalent Materials and Equipment 67 error or omissions 633 Evidence of Financial Arrangements 8 11 Explorations of physical conditions 4 2 1 Fee CONTRACTORS Costs Plus 116 Field Order definition of 1 19 issued by ENGINEER 3 6 1 95 Final Application for Payment 1412 Final Inspection 1411 Final Payment and Acceptance 1413 1414 Prior to for cash allovances 11 8 General Provisions 173 174 General Requirements definition of 1 20 principal references to Z 6 64 6 6 6 7 624 Giving Notice 171 Guarantee of Work by CONTRACTOR 630 1412 Hazard Comm unication Program s 622 Hazardous Waste definition of 121 general 45 OWNER s responsibility for 810 EiCDC GENERAL CONDITIONS 1910 8 0990 EDITIOM w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification 6 12 6 16 6 31 6 33 Insurance 53 Initially Acceptable Schedules 29 Precedence 3 1 333 Inspection Reference to 3 3 1 Certificates of 9 13 4 13 5 14 12 Safety and Protection 620 132 Final 14 11 Subcontractors Suppliers and Others 6 8 6 11 Article or Paragraph Article or Paragraph Number Number Special required by ENGINEER 9 6 Tests and Inspections 13 i Tests and Approval 8 7 133 134 Use of Premises 6 16 Insurance Visits to Site 9 2 Acceptance of by OWNER 5 14 Liability Insurance Additional required by changes CONTRACTORS 54 in the Work 1145 9 OWNERS 55 Before starting the Work 27 Licensed Sureties and Insurers 53 Bonds and in general 5 Liens Cancellation Provisions 58 Application for Progress Payment 142 Certificates of 2 7 5 5 3) 4 11 5 4 13 CONTRACTOR Warranty of Title 143 5 6 5 5 8 5 14 9 13 4 14 12 Final Application for Payment 1412 completed operations 54 13 definition of 1 23 CONTRACTORS Liability S 4 Waiver of Claims 14 15 CONTRACTORS objection to coverage 5 14 Limitations on ENGINEER s authority and Contractual Liability 5410 responsibilities 913 deductible amounts CONTRACTORS Limited Reliance by CONTRACTOR responsibility 59 Authorized 4 2 2 Final Apphcaton for Payment 1412 Maintenance and Operating Manuals Licensed Insurers 53 Final Application for Payment 1412 Notice requirements material changes 58 105 Manuals (of others) Option to Replace 5 14 Precedence 3 3 3 1 other special insurances 5 10 Reference to in Contract Documents 3 1 OWNER as fiduciary for insureds 5 12 5 13 Materials and equipment OWNERS Liability 5 5 furnished by CONTRACTOR 6 3 OWNERSResponsibility 83 not incorporated in Work 142 Partial Utilization Property Insurance 5 15 Materials or equipment equivalent 67 Property 5 6 5 10 Mediation (Optional) 167 Receipt and Application of Insurance Milestones definition of 124 Proceeds 5 12 5 13 Miscellaneous Special Insurance 5 10 Computation of Times 172 Waiver of Rights 5 11 Cumulative Remedies 174 Intent of Contract Documents 3 t 3 4 Giving Notice 171 Interpretations and Clarifications 3 6 3 9 4 Notice of Claim 17 o Investigations of physical conditions 4 2 Professional Fees and Court Costs Included 17 S Labor Materials and Equipment 6 3 6 5 Multi prime contracts 7 Lands Not Shown or Indicated 4 3 and Easements 8 4 Notice of Availability of 4 1 8 4 Acceptability of Project 14 13 Reports and Tests 8 4 Award definition of 1 25 Laws and Regulations Laws or Regulations Claim 173 Bonds 5 1 5 2 Defects 13 1 Changes in the Wont 104 Differing Subsurface or Physical Conditions 423 Contract Documents 3 1 Giving 17 1 CONTRACTOR s Responsibilities 614 Correction Period, defective Work 1312 Tests and Inspections 133 Cost of the Work taxes 11 4 5 4 Variatioq Shop Drawing and Sample 627 definition of 1 22 Notice to Proceed general6 14 definition of 126 Indemnification 631633 giving of 23 x E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION) W CITY OF FORT COLLINS MODIFICATIONS (REV W99) Notification to Surety 105 Observations by ENGINEER 630 92 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 562 Option to Replace 5 14 Article or Paragraph Number Or Equal Items o 7 Other work 7 Overtime Work prohibition of 63 OWNER Acceptance of defective Work 13 13 appoutt an ENGINEER 82 as fiduciary 5 12 5 13 Availability of Lands responsibility 4 1 definition of 1 27 data furnish 83 May Correct Defective Work 1314 May refuse to make payment 147 May Stop the Work 1310 May Suspend Work Terminate 88 13 10 15 1 154 Payment make prompt 83 144 1413 performance of other work permits and licenses requirements purchased insurance requirements OWNER s- Acceptance of the Work Change Orders obligation to execute Communications Coordination of the Work Disputes, request for decision Inspections tests and approvals Liability Insurance Notice of Defects Representative During Construction ENGINEERS Status Responsibilities Asbestos PCBs Petroleum Hazardous Waste or Radioactrse Material Change Orders Changes in the Worl, communications CONTRACTOR s responsibilities evidence of financial arrangements inspections tests and approvals insurance lands and easements prompt payment by replacement of ENGINEER reports and tests 71 613 56510 63025 86 104 81 74 Q11 87 134 55 131 stop or suspend Work 8 8 13 10 terminate CONTRACTORS W 8 10 86 10 1 81 89 8 11 87 85 84 83 82 84 15 1 services 8 8 15 2 separate representative at site 93 testing independent use or occupancy of the Work written consent or approval required 134 515 63024 1410 91 63 114 E1CDC GENERAL CONDITIONS 1910 a (1990 EDITION) w/ CITS OF FORT COLLINS MODIFICATIONS (REV 9/99) 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 Rev 10/20/07 Section 00100 Page 1 Article or Paragraph Number written notice required 71 94 911 112 119 14 7 15 4 PCBs definition of 1 29 general 45 OWNER s responsibility for 810 Partial Utilization definition of 1 28 general 6 30 2 4 14 10 Property Insurance 515 Patent Fees and Royalties 612 Payment Bonds 5 1 5 2 Pavments Recommendation of 144 147 14 13 Payments to CONTRACTOR and Completion Application for ProgressPavments 142 CONTRACTORS Warranty of Title 143 Final Application for Payment 1412 Final Inspection 1411 Final Payment and Acceptance 14 13 1414 general 83 14 Partial Utilization 1410 Retamage 142 Review of Applications for Progress Payments 144147 prompt payment 8 3 Schedule of Values 141 Substantial Completion 148149 Waiver of Claims 1415 when payments due 144 1413 withholding payment 147 Performance Bonds 5 1 5 2 Perm its 613 Petroleum definition of 130 general 45 OWNERS responsibility for 8 10 Physical Conditions Drawings of in or relating to 4 2 1 2 ENGINEER s review 424 existing structures 422 general 2 12 Notice of Differing Subsurface or 4 2 3 Possible Contract Documents Change 425 Possible Price and Times Adjustments 426 Reports and Drawings 4 2 1 Subsurface and 42 Subsurface Conditions 4 2 1 1 Technical Data Limited Reliance by CONTRACTOR Authorized 422 Underground Facilities general 43 Not Shown or Indicded 4 3 2 Protection of 43 620 e0 Article or Paragraph Number Shown or Indicated Technical Data Preconstruction Conference Preliminary Matters Preliminary Schedules Premises Use of Price Change of Contract Price Contract definition of Progress Payment, Applications for Progress Payment retainage Progress schedule CONTRACTORS 66 629 431 422 28 2 26 616618 142 142 26 28 29 104 1521 Project definition of 131 Project Representative ENGINEER s Status During Construction Project Representative Resident definition of prompt payment by OWNER Property Insurance Additional generals 6 5 10 93 133 83 �7 Partial Utilization 5 15 14 102 receipt and application of proceeds 5 12 5 13 Protection Safety and 620 621 132 Punch list 14 11 Radioactive Material definition of 1 32 general4 5 OWNERS responsibility for 810 Recommendation of Payment 144 145 1413 Record Documents 619 14 12 Records procedures for maintaining 28 Reference Points 44 Reference to Standards and Specifications of Technical Societies 33 Regulations Laws and (or) 614 Rejecting Defective Work 96 Related Work at Site 7 1 7 3 Performed prior to Shop Drawings and Samples submittals review 628 Remedies cumulative 174 175 Removal or Correction ofDefechve Work 13 11 rental agreements OWNER approval required 1145 3 replacement of ENGINEER, by OWNER 82 Reporting and Resolving Discrepanwes 25 3 3 2 6 142 Reports and Drawings 42 1 and Tests OWNERS responsibility 84 Resident and Project Representative definition of 133 protrsion for 93 EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR 62 Responsibilities CONTRACTORS in general 6 ENGINEER s in general 9 Limitations on 913 OWNERS in general 8 Retamage 142 Reuse of Docum ents 3 7 Review by CONTRACTOR Shop Drawings and Samples Prior to Submittal 625 Review of Applications for Progress Payments 144 147 Right to an adjustment 102 Rights of Way 41 Royalties Patent Fees and 612 Safe Structural Loading 618 Safety and Protection 432 616 618 620 62172 132 general 620 623 Representative CONTRACTORS 621 Samples definition of 134 general 624 628 Review by CONTRACTOR 625 Review by ENGINEER 626 627 related Work 628 submittal of 6 24 2 submittal procedures 625 Schedule of progress 26 28 29 66 629 104 1521 Schedule of Shop Drawmt, and Sample Submittals 26 2829 624628 Schedule of Values 26 28 29 14 1 Schedules Adherence to 15 2 1 Adjusting 66 Change of Contract Times 104 Initially Acceptable 28 29 Preliminary 26 Scope of Changes 103 104 Subsurface Conditions 42 11 Shop Drawings and Samples general 624628 Change Orders & Applications for Payments and 9 7 9 9 definition of 135 ENGINEERS approval of 362 ENGINEER s responsibility for review 97 624628 related Work 028 review procedures 28 624628 xm Article or Paragraph Number submittal required 624 1 Submittal Procedures 625 use to approve substitutions 673 Shown or Indicated 43 1 Site Access 72 132 Site Cleanliness 6 17 Site Visits to by ENGINEER 92 132 by others 13 2 special causes of loss policy form insurance 5 6 2 definition of 116 Specifications defnation of 1 36 of Technical Societies reference to 3 3 1 precedence 3 33 Standards and Specifications of Technical Societies 33 Starting Construction Before 25 28 Starting the Work 24 Stop or Suspend Work by CONTRACTOR 15 5 by OWNER 8 8 13 10 15 l Storage of materials and equipment 4 1 72 Structural Leading Safety 6 18 Subcontractor Concerning 68 611 definition of 137 delays 123 waiver of rights 611 Subcontractors in general 68 611 Subcontracts required provisions 5 11 611 1143 Subm ittals Applications for Payment 142 Maintenance and Operation Manuals 14 12 Procedures 6 25 Progress Schedules 26 29 Samples 624 628 Schedule of Values 26 141 Schedule of Shop Drawings and Samples Submissions 26 2 8 29 Shop Drawings 6 24 6 28 Substantial Completion certification of 6 30 2 3 14 8 14 9 definition of 138 Substitute Construction Methods or Procedures 6 7 2 Substitutes and Or Equal Items 6 7 CONTRACTORS Expense 07 13 ENGINEERS Evaluation 6 7 3 Or Equal 67 11 Substitute Construction Methods EICDC GENERAL CONDITIONS 1910 8 0990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Temporary construction facilities 41 Article or Paragraph Article or Paragraph Number Number or Procedures Substitute Items Subsurface and Physical Conditions Drawings of in or relatng to ENGINEERS Review general Limited Reliance by CONTRACTOR Authorized Notice of Differing Subsurface or Physical Conditions Physical Conditions Possible Contract Documents Change Possible Price and Tunes Adjustments Reports and Drawings Subsurface and Subsurface Conditions at the Site Technical Data Supervision CONTRACTOR s responsibility OWNER shall not supervise ENGINEER shall not supervise Superintendence Superintendent CONTRACTORS resident Supplemental costs Supplementary Conditions 672 Termination 6712 by CONTRACTOR by OWNER 8 8 151 4212 424 42 422 423 4212 425 426 421 42 4211 422 61 89 92 9132 62 62 1145 definition of 139 principal references to 110 118 22 27 42 43 51 53 54 5659 511 68 613 74 811 93 910 Supplementing Contract Documents Supplier definition of principal references to 7 6 5 6 8 6 11 624 913 Waiver of Rights Surety consent to final payment ENGINEER has no duty to Notification of qualification of Survival of Obligations Suspend Work, OWNER May Suspension of Work and Termination CONTRACTOR May Stop Work or Term mate OWNER May Suspend Work OWNER May Terminate Taxes Payment by CONTRACTOR Technical Data Limited Reliance by CONTRACTOR Possible Price and Times Adjustment Reports of Differing Subsurface and Physical Conditions xiv 36 140 620 1412 611 1412 1414 913 101 105 152 5153 634 13 10 15 1 15 155 151 152154 6 15 422 of ENGINEERS employment Suspension of Work in general Terms and Adjectives Tests and Inspections Access to the Work by others CONTRACTOR s responsibilities cost of 13 4 covering Work prior to Laws and Regulations (or) Notice of Defects OWNER May Stop Work OWNERS independent testing special required by ENGINEER timely notice required Lncovermg the Work, at ENGINEER s request Times Adjusting Change of Contract Computation of Contract Times definition of day Milestones Requirements appeals clarifications claims and disputes 911 Commencement of Contract Times Preconstruction Conference schedules Starting the Work Title Warranty of Uncovering Work Underground Facilities Physical Conditions definition of Not Shown R Indicated protection of Shown or Indicated Unit Price Work claims definition of generall1 9 14 1 14 5 Unit Prices general l 1 3 1 155 154 82 15 34 132 135 136 13 7 135 131 13 10 134 96 134 138139 66 12 172 1 12 1722 12 910 16 112 12 2, 28 26 29 66 24 143 138139 141 432 43 620 431 1193 1 42 Determination for 910 Use of Premises 616 618 63024 Utility owners 6 13 6 20 7 1 7 3 13 2 Utilization Partial 128 515 63024 1410 Value of the Work 113 Values Schedule of 26 28 29 14 1 EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work Minor Authorized Visits to Site by ENGINEER Waiver of Claims on Final Payment Waiver of Rights by insured parties Warranty and Guarantee General by CONTRACTOR Warranty of Title CONTRACTOR Work Access to by others Changes in the Continuing the CONTRACTOR May Stop Work or Terminate Coordination of Cost of the definition of neglected by CONTRACTOR other Wort. OWNER May Stop Work OWNER May Suspend Work Related, Work at Site Starting the Stopping by CONTRACTOR Stopping by OWNER Variation and deviation authorized Work Change Directive Clams pursuant to definition of principal references to Written Amendment definition of 625 627 95 Article or Paragraph Number 92 14 15 511 611 630 143 132 7 10 629 155 74 114115 143 1314 7 1310 1310 I� 1 7173 24 155 151154 m mor 36 principal references to 1 10 662 682 112 121 Written Clarifications and Interpretations Written Notice Required by CONTRACTOR by OWNER 102 144 353 10 1102 1 45 35 510 15 12 619 101 104 13122 1472 363 94 911 71 910911 104 11 2 12 1 910911 104 112 1314 xv E]CDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9 99) (Thus page left blank intentionally) XVI EICDC GENERAL CONDITIONS 1910 S (1990 EDITION) W CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1 DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof 11 Addenda Written or graphic instruments issued prior to the opening of Bids which clarify correct or change the Bidding Requirements or the Contract Documents 12 4greement—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 13 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 14 Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration 15 Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed 16 Bi"g 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) 17 Bidding Requirements The advertisement or invitation to Bid, instructions to bidders, and the Bid form 18 Bondv—Performance and Payment bonds and other instruments of security 19 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 Rice or the Contract Times issued on or after the Effective Date of the Agreement 110 Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents) CONTRACTORS Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds these General Conditions, the Supplementary Condittons, the Specifications and the Drawings as the E1CDC GENERAL CONDITIONS 19104 (1990 Edaoa) w/ On OF FORT COLLINS MODIFICATIONS (RE6 412000) same are more specifically identified in the Agreement, together with all Witten Amendments Change Orders, Work Change Directives, Field Orders and INGINEERs written interpretations and clarifications issued pursuant to paragraphs 3 5 3 6 1 and 3 6 3 on or after the Effective Date of the Agreement Shop Drawing submittals approved pursuant to paragraphs 6 26 and 6 27 and the reports and drawings referred to in paragraphs 4 2 I and 4 2 2 are not Contract Documents 111 Contract Pnce—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) 112 Contract Times —The numbers of days or the dates stated in the Agreement (i) to achieve Substantial Completion and (n) to complete the Work so that it is ready for final payment as evidenced by ENGINEERS written recommendation of final payment in accordance with paragraph 1413 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 Wok 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 ENGINEERS recommendation of final laymen (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14 8 or 14 10) I l.� Drawings The drawings which show the scope extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents Shop drawings are not Drawings as so defined 116 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 117 ENGINEER —The person, Cunt or corporation named as such in the Agreement 1 18 ENGINEER s Consultant A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEERS independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions 119 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 120 General Requirements Sections of Division 1 of the Speclficahons 1 21 Hazardous Waste —The tern Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from tune to time 122 a Laws and Regulations Laws or Regulations Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies agencies, authorities and courts havmgjunsdnctron 1 22b Legal Holydays shall be those holidays observed by the City of Fort Collins 123 Liens Liens, charges, security interests or encumbrances upon real property or personal property 124 Milestone A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work 12.5 Nonce 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 therem, 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 Tunes will commence to rim and on winch CONTRACTOR shall start to perform CONTRACTORS obligations under the Contract Documents 127 OWNER —The public body or authority corporation, association, firm a person with wham CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1 28 Partial Uolsanon Use by OWNER of a substantially completed part of the Work for the purpose for which it its intended (or a related purpose) prior to Substantial Completion of all the Work 129 PCBs —Polychlorinated biphenyls 130 Petroleum Petroleum including crude oil or any fraction thereof winch 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 gasolme kerosene and oil mixed with other non Hazardous Wastes and crude oils 131 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 maternal as defined bj the Atomic Energy Act of EKDC GENERAL CONDITIONS 1910 8 (1990 Edmm) W CITY OF FORT COLLINS MODIFICATIONS (REV 40000) 1954 (42 USC Section 2011 et seq ) as amended from time to time 132 b Regular Wor/nne Hours Regular working hours are defined as 7 Wain to 6 OOrnn 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 134 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 135 Shop Drawings All drawings, diagrams illustrations, schedules and other data or mformauon winch are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work 136 Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materrals, equipment construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto 137 Subcontractor An individual firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site 138 Substantial Completion The Work (or a specified Fart thereof) has progressed to the point where in the opinion of ENGINEER as evidenced by ENGINEERS definitive certificate of Substantial Completion, it is sufficiently complete in accordance with the Contract Documents an 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 m evidenced by ENGINEERS written recommendation of final payment in accordance with paragraph 14 13 The terms substantially complete and substantially completed as applied to all or part of the Work refer to Substantial Completion thereof 139 Supplementary Condtions—The part of the Contract Documents which amends or supplements these General Conditions 140 Sappher--A manufacturer fabricator supplier distributor materialman or vender having a direct contract with CONTRACTOR or with any Subcontractor to ftimsh materials or equipment to be incorporated in the Wok by CONTRACTOR or any Subcontractor 1 41 Underground Facnitues—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 commumcations, 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 vanous separately identifiable parts thereof required to be furnished under the Contract Documents Work includes and is the result of performing or famishing labor and mcng indoaacorpomng materials and equipment into thnnd Performing or furnishing services and fumnstung documents, all as required by the Contract Documents 144 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 addrnor4 deletion or revision in the Work, or responding to differing or unforeseen physical conditions muter which the Work is to be performed as provided in paragraph42 or 43 or to emergencies under paragraph623 A Work Change Directive will not change the Contract Price or the Contract Times, but is in ndence 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 Tunes as provided in paragraph 10 2 145 Written Amendment A written amendment of the Contract Documents sighed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengmeering or nontechnical rather than strictly construction related aspects of the Contract Documents ARTICLE 2—PRELIMINARY MATTERS Dehvery of Bonds 21 When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5 1 Copies ofDoeuments 22 OWNER shall firmsh to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessaryfor the execution of the Work Additional coples will be furnished, upon request, at the cost of reproduction Commencement of Contract Times Noticeto Proceed 23 The Contract Tunes will commence to run on the thirtieth day after the Effective Date of the Agreement, or EXEC GENERAL CONDITIONS 19io4 (1990EAum) 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 flurry ry days after the Effective Date of the Agreement. in getameirsoo to Fits ititet: than the stiaigh day aftff the A. - thirtieth *, after the —Date =—=-eheveir date is euber Starting the Work 24 CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to rim 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) Before undertaking each part of the Work CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertmen[ figures shown thereon and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error ambiguity or discrepancy winch 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 26 Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements) CONTRACTOR shall submit to ENGINEER for review 261 a preliminary progress schedule indicating the tunes (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents 2 6 2 a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the tunes for submitting reviewing and processing such submittal 2621 In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Enmrreer 263 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 and-OVI? Ei- shall eaeh deliver to the other OWNER, with copies to ,tit, fi a ._ the e . l ENGINEER. certificates of Insurance (and other evidence of insurance west requested by OWNER) which CONTRACTOR andis required maintain m to purchase and accordance with panigraphs 5 n 5 6 and c 7 Preconstruction Conference 28 Will= twenty days after the Contract Tunes 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 Indially AccepOdde Schedules 29 Unless otherwise provided in the Contract Documents ec _ _ days before submissim of the Eff App4tsetiea-Ee-lkyawent before any work at the site beams, a conference attended by CONTRACTOR, ENGINEER and others as apprepnete desimated by OWNER, will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with pamgraph26 and Division 1 General Requirements CONTRACTOR shall have an addiuoml 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 ENGIlVEER 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 Tunes, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or reheve CONTRACTOR from CONTRACTORS full responsibility, therefor CONTRACTORS Schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTORS schedule of values will be acceptable to ENGINEER as to form and substance ARTICLE 3 -CONTRACT DOCUMENTS INTENT AMENDING REUSE Intent 31 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work The Contract Documents are complementary what is ailed 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 EJCDC GENERAL CONDITIONS 1910 6 (1990 Edaim) wI CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) 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 mimed from the Contract Documents or from prevailmg 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 dewnbe Work materials or equipment, such words or phrases shall be interpreted in accordance with that meaning Clarifications and mterpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9 4 33 Reference to Standards and Specifications of Technical Societies Reporting and Resolving Discrepancies 331 Reference to standards specifications manuals or codes of any technical society organization or association, a to the Laws or Regulations of any governmental authority whether such reference be specific or by impbcation, shall mean the latest standard, specr&caum 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 332 I[ 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, specifiahon, manual or code or of any instruction of any Supplier referred to in paragraph 6 a CONTRACTOR shall report it to ENGINEER in venting 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 paragmph 3 5 or 3 6 provided, however that CONTRACTOR shall not be liable to OWNER a 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 36 the Provisions of the Contract Documents shall take precedence in resolving any conflict, error ambiguity or discrepancy between the provisions of the Contract Documents and 3 3 3 1 the provisions of any such standard specification manual code or instruction (whether or not specifically incorporated by reference in the Contract Documents) or 3 3 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 cr 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, corisultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER ENGINEER or any of ENGINEERS Consultants, agents or employees any duty or authority to supervise or direct the furtshmg or performance of the Work or any duty or authonty to undertake responsibility inconsistent with the provisions of paragraph 9 13 or any other provision of the Contract Documents 34 Whenever in the Contract Documents the terms as ordered as directed as required as allowed as approved or terms of like effect or import are used, or the adjectives reasonable suitable acceptable proper or satisfactory or adjectives of like effect or import are used to dewnbe 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 requirem ents 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 a 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 Amendeng and Supplementing Contract Documents 35 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways 3 5 1 a formal Wnuen Amendment, 3 5 2 a Change Order (pursuant to paragraph 10 4) or EJCDC GENERAL CONDITIONS 19104 (1990 Edinm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 3 5 3 a Work Change Directive (pursuant to paragraph 10 1) 36 In addition, the requirements of the Contract Documents may be supplemented, and mmor vanations and deviations in the Work may be authorized, in one or more of the following ways 36 1 A Field Order (pursuant to paragraph 9 5) 362 ENGINEERs approval of a Shop Drawing or Sample (pursuant to paragraphs o 26 and 6 27) or 363 ENGINEERS written interpretation or clarification (pursuant to paragraph 9 4) Reuse ofDacumenu 37 CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furmshmg any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership tights many of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEERS Consultant, and (n) shall not reuse any of such Drawings Specifications other documents or copies on extensions of the Project a any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE AVAILABILITY OF LANDS SUBSURFACE AND PHYSICAL CONDITIONS REFERENCE POINTS Availability of Lands 41 OWNER shall furnish, as indicated in the Contract Documents the lands upon which the Work is to be performed, rights -of way and easements for access thereto and such other lands which are designated for the useofCONTRACTOR 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 a 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 delav in OWNERS furnishing these lands, rights -of way or easements CONTRACTOR may make a clamor therefor as provided in Articles it and 12 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 Rev 10/20/07 Section 00100 Page 2 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment 43 Subsurface andPhyacal Conditions 42 1 Reports and Drawings Reference is made to the Supplementary Conditions for identification of 4 2 1 1 Subsurface Conditions Those reports of explorations and tests of subsurface conditions at a contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents and 421 2 Plostcal Conditions Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Famhues) that have been utilized by ENGINEER in preparing the Contract Documents 4 2 2 Limited Rehance by CONTRACTOR Authonzed 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 an) clams against OWNER, ENGINEER or any of ENGINEER s Consultants with respect to 4 2 2 1 the completeness of such reports and drawings for CONTRACTORS purposes including but not limited to any aspects of the means methods techniques sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto or 4 2 2 2 other data, interpretations opinions and information contained in such reports or shown or Indicated in such drawings or 4223 any CONTRACTOR interpretation of or conclusion drawn from any technical data or any such data interpretations opinions or ufformation 423 Nonce of D1j9enng Subsurface or Physical Conditions If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either 4 2 3 1 is of such a nature as to establish that any tedwcal data on which CONTRACTOR is entitled to rely as provided in paragraphs 4 2 1 and 4 2 2 is materially inaccurate or 4232 is of such a nature as to require a Change In the Contract Documents or 4233 differs materially from that shown or EA'DC GENERAL CONDITIONS 1910 S (1990 Edlhao) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) indicated in the Contract Documents, or 4234 is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents then CONTRACTOR shall promptly Immediately after becoming aware thereof and before firther disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph623) notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not firther disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so 424 ENGINEER s Review ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNERS obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEERS findings and conclusions 4 2 5 Possible Contract Documents Change If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4 2 3 a Work Change Directive car a Change Order will be issued as provided in Article IO to reflect and document the consequences of such change 4 2 6 Possible Price and Times A4 usbnents 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 CONTRACTORS cost of or time required for performance of, the Work subject, however to the following 4 2 6 1 such condition must meet any one or more of the categories described in Paragraphs 4 2 3 1 through 4 2 3 4 inclusive 4262 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, 4263 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 119 and 4264 CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if 4264 1 CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Tunes by the submission of a bid or becoming bound under a negotiated contract or 42642 the existence of such condition could reasonably have been discovered or revealed as a result of any exammation, 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 CONTRACTORS making such final commitment or 42643 CONTRACTOR failed to give the written notice within the time and as required by paragraph 4 2 3 If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Tunes, a clams may be made therefor as provided in Articles 11 and 12 However OWNER, ENGINEER and ENGINEERS Consultants shall not be liable to CONTRACTOR for any clanns, costs losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3 Physical Conditions —Underground Facnhnes 41 1 Shown or1ndicaIed 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 infomtation 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 43 12 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,(1u) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and Protection of all such Underground Facihues as provided in paragraph 6 20 and repairing any damage thereto resulting from the Work 432 Not Shown or Indicated If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly Immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph623) identify the owner of such Underground Facility and ETCDC GENERAL CONDITIONS 191m (1990 E&IMi w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent if any to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences During such time CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 620 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 entrtlement to or the amount or length of any such adjustment in Contract Price or Contract Tunes, CONTRACTOR may make a clams therefor as provided in Articles 11 and 12 However OWNER, ENGINEER and ENGINEERS Consultants shall not be liable to CONTRACTOR for any clans, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other projector anticipated project Reference Points 44 OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEERS 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 45 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 u responsible ARTICLES BONDS AND INSURANCE Performance Payment and Otherflonds 5 1 CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTORS obligations under the Contract Documents These Bonds shall remain in effect at least, until one year after the date when final payment becomes due except as provided otherwise by Laws or Regulations or by the Contract Documents CONTRACTOR shall also furnish such other Bands 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 Authonty, as Acceptable Sureties on Federal Bonds and as Acceptable Remsurmg Companies as published in Circular 570 (amended) by the Audit Staff Bureau of Government Financial Operations, US Treasury Department. All Bands signed by an agent most be accompanied by a certified copy of such agents authority to act 52 If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes Insolvent or its right to do business is terminated many state when 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 53 Licensed Surehes and Insurers CeMficates of Insurance 53 1 All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insumnce companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions 5 3 2 CONTRACTOR shall deliver to OWNER, with copies to each additional Insured identified in the Supplementary Conditions certificates of insurance (and other evidence of insurance requested by OWNER or any other additional Insured) which CONTRACTOR is required to purchase and maintain In accordance with paragraph 5 4 Q41WHR-shell doi ..a. ... /`(1T1TD A/T/l +-wJ�—air—rpm'! Rm. -T- � kwinel, OWNER is gym pem .a.l ... ...1..... ,l L ,_.phs c E1CDC GENERAL CONDITIONS 1910 8 0990 &ham) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) CONTRACTOR sLiabiNyInsumnce 54 CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furmished and as will prolide protection from clams set forth below which may arise out of or result from CONTRACTORS performance and furnishing of the Work and CONTRACTORS 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 fairish any of the Work or by anyone for whose acts am of them may be liable 5 4 1 clams under workers compensation, disability benefits and other similar employee benefit acts 542 clams for damages because of bodily injury occupational sickness or disease or death of CONTRACTORS employees 543 clams for damages because of bodily mlury sickness or disease or death of any person other than CONTRACTORS employees 5 4 5 clams 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 cr use of any motor vehicle The policies of insurance so required by this paragraph 5 4 to be purchased and mamtained shall 5 4 7 with respect to insurance required by paragraphs 5 4 3 through 5 4 6 inclusive and 5 4 9 include as additional insureds (subject to any customary exclusion in respect of professional Lability) OWNER ENGINEER ENGINEERs Consultants and any other persons or entities identified in the Supplementary Conditions all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds 5 4 8 Include the specific coverages and be written for not less than the lanus of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater 5 4 9 mclude completed operations irisurance EICDC GENERAL CONDITIONS 1910E (1990 Edinm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 5410 include contractual liability insurance covering CONTRACTORS mdemmy, obligations under paragraphs 6 12 6 16 and 6 31 through 6 33 5 4 11 contam a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written nonce has been given to OWNER and CONTRACTOR and to each other additional Insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance famished by the CONTRACTOR pursuant to paragraph 5 3 2 will so provide) 5 4 12 remain in effect at least until Emil payment and at all tunes 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 msumance coverage written on a claims made bases, remain in effect for at least two years after final payment (and CONTRACTOR shall famish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence sausfactory to OWNER and any such additional Insured of continuation of such insurance at final payment and one year thereafter) OW7VFR s LmbibtyInsurance 55 In addition to insurance required to be provided by CONTRACTOR under paragraph54 OWNER at OWNERS option, may purchase and maintain at OWNERS expense OWNERS own liability insurance as will protect OWNER against clams which may arise from operations under the Contract Documents Property Insurance 59 OWNER shall not be responsible for purchasing and mantamng any property insurance to protect the tnterests of CONTRACTOR Subcontractors or others m nsle of L. 10 EICDC GENERAL CONDITIONS 19104 (1990 E&t,.) -ICITY OF FORT COLLINS MODIFICATIONS (REV 4R000) .. y of rnrn_.LlDcoENGINEERs Receipt andAppheahon 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 thew interests may appear subject to the requirements of any applicable mortgage clause and of paragraph 513 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 513 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 OWNERS 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 acid c _e.... _aa D CA.. PFOPAF «J'....lance alleh imp J b Acceptance ofBondv andlnsitmee Option to Replace 514 If OWNER has any objection to the coverage afforded by or other prm isions of the Bards-ar insurance required to be Purchased and maintained by the:,=—po.;r CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents the OWNER will non fv CONTRACTOR in wnting within Wit fifteen days after reseipr delivery of the certificates (a ather-ewdenee regrrested� to OWNER as required by paragraph 2 7 d6u� .....L ...lA ^NTR nmfaFrsRt.aa --- Partmi Uhhzuhon—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 I910-8 (09013Aaon) wi CITY OF FORT COLLINS MODIFICATIONS (REV 42000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14 10 provided that no such use or occupancy shall commerce before the insurers providing the property insurance have acknowledged notice thereof and in writing effected anv 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 Supemiuon andSupenntmitmee 61 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 62 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall no be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances The superintendent will be CONTRACTORS 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 MaterialsmidEquipment 63 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 drsciphne 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 ate shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work an Saturday Sunday or any legal holiday without OWNERS written consent given after prior written notice to ENGINEER CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of raw Work to be performed on Saturday Sunday Holidays or outside the Reeulaz Workine Hours Ill 64 Unless otherwise specified in the General Requirements, CONTRACTOR shall banish and assume full responsibility for all matermt% 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 furruhing performance testing start-up and completion of the work 641 Purchasing Restrictions CONTRACTOR must comply with the Citys purchasing restnctions A COPY of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerks office 642 Cement Restncuons City of Fort Collins Resolution 91 121 rewires that suppliers; and producers of cement or products contaunim cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel 65 All materials and equipment shall be of good quality and new except as otherwise provided in the Contract Documents All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and egmpmmt 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 66 CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2 9 as R may be adjusted from time to time as provided below 661 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 29) 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 67 Substitutesand Or Equal ltemt 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 time of a particular Supplier the specification or description is intended to establish the type function and qualitv required Unless the specification or description E]CDC GENERAL CONDITIONS I910-8 p990 Edib.) 12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) contains or is followed by words reading that no like equivalent or or equal item or no substitution is permitted other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances 6 7 1 1 Or Equal If in ENGINEER s sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work wilt be required, it may be considered by ENGINEER as an or -equal item in which case review and approval of the proposed Rem may in ENGINEERS sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items 6 7 12 Substitute Items If in ENGINEERs sole discretion an Rem 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 infommation 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 a 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 thc 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 CONTRACTORS 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 mcorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty All vanations 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 =tuft costs of redesign and clams of other contractors affected by the resulting change• all of which will be CONTRACTOR shall per fonn not less than 20 considered by ENGINEER in evaluating the orcent of the Work with its own forces (that Ic proposed substitute ENGINEER may require without subcontracting) The 20 percent requirement CONTRACTOR to furnish additional data about shall be understood to refer to the Work the value of the proposed substitute which totals not less than 20 percent of the Contract Price 6 7 13 CONTRACTOR s Expense All data to be provided by CONTRACTOR in support of any 6 8 2 Tf the &UPplementafy Bnddinu proposed or -equal o substitute item will be at Documents require the identity of certain CONTRACTORsexpense Subcontractors, Suppliers or other persons or organizations (Including those who are to furnish the 672 Substitute Construction Methods or principal items of materials or equipment) to be Procedures If a specific means method, technique submitted to OWNER sequence or procedure of construction is shown or date prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER and ENGINEEII Documents, CONTRACTOR may furnish o utilize a fOlI1Tn kOT-GR has _ __ substitute means, method, technique sequence or weeFdame with th, Si procedure of construction acceptable to ENGINEER OWNERS or ENGINEERS acceptance (either in CONTRACTOR shall submit sufficient information to wnting or by failing to make written objection thereto allow ENGINEER, in ENGINEERS sole discretion, to by the date indicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Documents) of that expressly called for by the Contract Documents The procedure for review by ENGINEER will be erganizatten sa ideagified may be revoked en the similar to that provided in subparagraph 6 7 12 673 Engine✓s Evaluation ENGINEER will be ^�i- _ •hI, PentiII PI vvill be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Iq,i,h h.u,l•ten and an -rr e• paragraphs 6 7 12 and 6 7 2 ENGINEER will be the s will sole judge of acceptabihty No o-equal or constitute a condition of the Contract remm-mir the substitute will be ordered, installed or utilized without use of the named subcontractors suppliers or other ENGTNEERs prior written acceptance which will be persons or organization on the Work unless ppor evidenced by either a Change Order or an approved written approval is obtained from OWNER and Shop DmI mg OWNER may require ENGINEER No acceptance by OWNER or CONTRACTOR to famish at CONTRACTORS ENGINEER of any such Subcontractor Supplier o expense a special performance guarantee or other other person or organization shall constitute a waiver surety with respect to any or -equal or substitute of any tight of OWNER or ENGINEER to reject ENGINEER will record time required by defective Work ENGINEER and ENGINEERS Consultants in evaluating substitutes proposed or Submitted by 6.9 CONTRACTOR pursuant to paragraphs 67 12 and 672 and in making changes in the Contract Documents (or in the provisions of any other direct 6 9 1 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions contract with OWNER for work on the Project) of the Subcontractors, Suppliers and other persons occasioned thereby Whether o not ENGINEER and orgamzavons perform Ing or famishing any of the accepts a substitute item so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR, CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR Is OWNER for the charges of ENGINEER and responsible for CONTRACTORS own acts and ENGINEERS Consultants for evaluating each such omissions Nothing in the Contract Documents shall proposed substitute Item create for the benefit of any such Subcontractor 68 Concerning Subcontractors Suppliers and Supplier or other person or oganizstion any contractual relationship between OWNER or Others ENGINEER and any such Subcontractor Supplier or other person or oganization, nor shall it create any 6 8 1 CONTRACTOR shall not employ any obligation on the pert of OWNER or ENGINEER to Subcontractor Supplier or other person or organization pay or to see to the payment of any moneys due any (including those acceptable to OWNER and Such Subcontractor Supplier or other person or ENGINEER as Indicated in paragraph 6 8 2) whether orgamzauon except as may otherwise be required by Initially or as a substitute against whom OWNER or Laws and Regulavons OWNER or ENGINEER may ENGINEER may have reasonable objection furnish to t subcontractm supplier or other person CONTRACTOR shall not be required to employ any Or ogannayon evidence of amounts paid to Subcontractor Supplier or other person or organization CONTRACTOR in accordance with to furnish or perform any of the Work against whom CONTRACTORS Applications forPayment CONTRACTOR has reasonable objection E1CDC GENERAL CONDITIONS 1910-8 (1990 Edam) 13 w/ CITI OF FORT COLLINS MODIFICATIONS (REV 42000) 692 CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furmshng 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 furmshing arry of the Work to communicate with the ENGINEER through CONTRACTOR 610 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 611 All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically birds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the beriefit of OWNER and ENGINEER nn,e..e. •_ __...,._h agF _ Cnerrn ACTnn __a th. s, _ - her wit Patent Fees and Royalties 612 CONTRACTOR shall pay all license fees and royalties and assume all costs mordent 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 mvention design, process product or device is specified in the Contract Documents for use in the Performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others the existence of such rights shall be disclosed by OWNER in the Contract Documents To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEERS 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 airy 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 E1CDC GENERAL CONDMONS 1910-8(1990E,11U.) wl CITY OF FORT COLLINS MODIFICATIONS (REV 42000) Permds 613 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 614 Laws andRegulaaons 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 momtoring CONTRACTORS comphance 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 CONTRACTORS primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations but this shall not relieve CONTRACTOR of CONTRACTORS obligations under paragraph 3 3 2 Taxes 615 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 mcoroorated into the ixmect Said taxes shall not be included in the Contract Rice Address Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver. Colorado, 80261 Sales and Use Taxes for the State of Colorado Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption All applcable Sales and Use Taxes (including State collected taxes), on anv items other than constriction and building materials physically mcorporated into the project me to be paid by CONTRACTOR and are to be included in appropriate bid items Use of Premises 616 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 anv adjacent land or areas, resulting from the performance of the Work Should any clamp 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 damn by arbitration or other dispute resolution proceedmg or at law CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations mdemmfy and hold harmless OWNER ENGINEER, ENGINEER, Consultant and anyone directly or mdirectly 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 pain indemnified hereunder to the extent caused by or based upon CONTRACTOR s performance of the Work 6 17 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials rubbish and other debris resulting from the Work At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances construction equipment and machinery and surplus materials CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents 618 CONTRACTOR shall not load nor permit any part of any structure to be loaded many manner that will endanger the structure nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it Record Documents EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition w/ CiTY OF FORT COLLINS MODIFICATIONS (REV 412000) 619 CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings Specifications, Addenda, Written Amendments, Change Orders Work Change Dmectrves, 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 Proteehon 620 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 620 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 them 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 pert, by CONTRACTOR, anv Subcontractor Supplier or any other person or organization directly or mdirectly 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 a Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEERS Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable and not attributable directly or indirectly in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor Supplier or other person or orgamzation directly or indirectly employed by any of them) CONTRACTORS duties and responsnbrhties for the safety and protmbon of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work 5 0 INTERPRETATIONS AND ADDENDA 5 1 All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda Questions received less than seven days prior to the date for opening of the Bids may not be answered Only questions answered by formal written Addenda will be binding Oral and other interpretations or clarifications will be without legal effect 5 2 All questions concerning the scope of this project should be directed to the Engineer Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division 5 3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer 5 4 Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents 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 Rev 10/20/07 Section 00100 Page 3 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) 621 Safety Representative CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs Hazard Communication Programs 622 CONTRACTOR shall be responsible for coordmuting am exchange of material safety data sheets or other havard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations Emergencies 6 23 In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto CONTRACTOR, without special Instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage injury or loss CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency a Work Change Directive or Change Order will be issued to document the consequences of such action 624 Shop Drawings and Samples 6 24 1 CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2 9) All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements The data shown on the Shop Drawings will be complete with respect to quantities dimensions specified performance and design criteria materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to Provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6 26 6 24 2 CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals Each Sample will be identified clearly as to material Supplier pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER ma} require to enable ENGINEER to revtew the submittal for the limited 16 EICDCGENERAL CONDITIONS 19108(1990ENnm) w/= OF FORT COLLINS MODIFICATIONS (REV 42000) purposes required by paragraph 626 The numbers of each Sample to be submitted will be as specified in the Specifications 625 Submittal Procedures 6 25 1 Before submitting each Shop Drawing or Sample CONTRACTOR shall have determined and verified 625 1 1 all field measurements quantities, dimensions, specified performance cnteria installation requirements, materials catalog numbers and similar information with respect thereto 6 25 12 all materials with respect to intended use fabrication slipping handling storage assembly and installation pertaining to the performance of the Work, and 62513 all Information relative to CONTRACTORS 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 coordma[ed 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 beat a stamp or specific written Indication that CONTRACTOR has satisfied CONTRACTORS obligations under the Contract Documents with respect to CONTRACTORS 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 626 ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER w required by paragraph 2 9 ENGINEERS review and approval will be only to determine if the items covered by the submittals will after installation a 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 INGINEERs 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 celled for by ENGINEER on previous submittals 627 ENGINEERS 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 ENGINEERS attention to each such vanauon 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 1 628 Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2 9 any related Work performed Prior to ENGINEERS review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Continarng lke Work 629 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 630 CONTRACTORS General Warranty and Gaaroalee 6 30 1 CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEERS Consultants that all Work will be in accordance with the Contract Documents and will not be defective CONTRACTORS warranty and guarantee hereunder excludes defects or damage caused by 63011 abuse modification or improper mamterrance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers, or 63012 normal wear and tear under normal usage 6 30 2 CONTRACTORS obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute None of the following will constitute an acceptance of Work that is not in EJCDC GENERAL CONDITIONS 1910-8 (1990 Edm) w/ CITY OF FORT COLLINS MODDECATIONS (REV 42000) accordance with the Contract Documents or a release of CONTRACTORS obhgation to perform the Work in accordance with the Contract Documents 63021 observations by ENGINEER 63022 recommendation of any progress or final pavment by ENGINEER 63023 the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents 63024 use or occupancy of the Work or any part thereof by OWNER 63025 any acceptance by OWNER or any failure to der so 63026 any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 1413 61027 any inspection, test or approval by others or 63028 any correction of defective Work by OWNER Indemnrftcatim 631 To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER?, ENGINEERS Consultants and the officers, directors employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engmeers, architects attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by arrsnig out of a resultmg from the performance of the Work provided that any such claim cost, loss or damage (t) is attributable to bodily injury Sickness disease a death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (u) 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 neghgence 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 632 In any and all claims against OWNER a ENGINEER or any of their respective consultants agents, officers directors or employees by any employee (or the survn a 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 paragraph631 shall not be limited in any way by any Imitation 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 corkers compensation acts disability benefit acts or other employee benefit acts 633 The mdemnificanon obligations of CONTRACTOR under paragraph 631 shall not extend to the lability of ENGINEER and ENGINEER s Consultants, officers, directors, employees or agents mused by the professional negligence errors or ommions of any of them Survival of Obligations 634 All representations Indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Domments, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement ARTICLE 7 OTHER WORK Related Wort. at Site 71 OWNER may perform other work related to the Project at the site by OWNFRs 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 poor to starting any such other work and (ii) CONTRACTOR may make a claw therefor as provided in Articles I 1 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional fine 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 utdity owner (and OWNER, if OWNER is performing the additional work with OWNERS 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 prodded 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 EICDC GENERAL CONDITIONS 191" (1990ENam) w/ CITY OF FORT COLLINS MODIFICATIONS (RFV 4/L000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors 73 If the proper execution or results of any part of CONTRACTORS Work depends upon work performed by others under this Article 7 CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTORS Work CONTRACTORS failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTORS Work except for latent or nompparent defects and deficiencies in such other work Coordnanon 74 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 prune contractors will be identified 742 the specific matters to be covered by such authority and responsibility will be itemized and 743 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 82 In case of termination of the employment of ENGINEER OWNER shall appoint an engineer ageaist whose status under the Contract Documents it be that of the former ENGINEER 83 OWNER shall fumsh the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14 4 and 14 13 84 OWNERS duties in respect of providing lands and easements and providing engmewmg surveys to establish reference points are set forth in paragraphs 4 1 and 44 Paragraph 42 refers to OWNERS 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 utiltzed by ENGINEER in preparing the Contract Documents 86 OWNER is obligated to execute Change Orders as indicated in paragraph 10 4 87 OWNERS responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13 4 88 In connection with OWNER S right to stop Work or suspend Work see paragraphs 13 10 and 15 1 Paragraph 152 deals with OWNERS nght to term mete services of CONTRACTOR under certain circumstances 89 The OWNER shall not supervise direct or have control or authority over nor be responsible for CONTRACTORS 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 furushing or performance of the Work OWNER will not be responsible for CONTRACTORs failure to perform or fumsh the Work in accordance with the Contract Documents ARTICLE 9—ENGINEER S STATUS DURING CONSTRUCTION OWNER s Representatn e 91 ENGINEER will be OWNERS representative during the construction period The duties and responsibilities and the limitations of authority of ENGINEER as OWNERS representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER Hats to Site 92 ENGINEER will make visas 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 E]CDC GENERAL CONDITIONS 1910-8 (1990 Empm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) that has been made and the quality of the vanous aspects of CONTRACTORS executed Work Based on information obtained dunng such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine in general of the Work he 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 ENGINEERS 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 ENGINEERS visits and on site observations are subject to all the limitations on ENGINEERS 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 CONTRACTORS Work ENGINEER will not supervise direct control or have authority over or be responsible for CONTRACTORS means, methods techniques sequences or procedures of corstruction, 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 93 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 paragraphs93 and 913 Conditiexs of these General Conditions If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEERS Consultant, agent or employee the responsibnhues and authority and limitations thereon of such other person will be as provided in oaramanh 93 931 The Representatives dealings in matters pertaunng to the on site work will. in general be with Die ENGINEER and CONTRACTOR But the Representative will keep the OWNER rpIterly advised about such matters The Representatives dealings wan subcwitractom will only be throughor with the fiill knowledge and approval of the CONTRACTOR 932 Dunes and Responsibilities Re esentative will 9321 Schedules Review the progress IB schedule and other schedules Prepared by the CONTRACTOR and consult with the ENGINEER concenung acceptability 9322 Conferences and Mcetm2 Attend mmttm with the CONTRACTOR such as preconstruction conferences. progress meeting and other lob conferences and prepare and circulate comes of mmutes of meetings 9323 LiaLson 93231 Serve as ENGINEERS liaison with CONTRACTOR working prtncipally through CONTRACTOR S supenntendem to assist the CONTRACTOR m understanding the Contract Documents 93232 Assist in obtammg from OWNER additional details or jnformatiori,when required for proper execution of the Work 93233 Advise the ENGINEER and CONTRACTOR of the commencement of any Work reguwim a Shoo Dmwmg pr sample submission if the submission has not been approved by the ENGINEER 9 3 2 4 Review of Work. Reiection of Defeem e Work Inspections and Tests 9 3 2 4 1 Conduct on site observations of the Work m progress to assist the ENGINEER m detennirng that the Work is proceedmg m accordance with the Contract Documents 9 3 2 4 3 Accomoany visiting inspectors represent m¢ public or other agencies having tunsdicumt over the ProlecL record the results of these nmections and report to [he ENGINEER 9 3 2 5 Interpretation of Contract Documents Report to ENGINEER when clanfications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clanfication and mteqxetatim of me Contract Documents as issued by the ENGINEER 9326 Modifications Consider and evaluate CONTRACTORS suggestions for 20 ErCDC GENERAL CONDITIONS 191M (19%Edmm) w/CM OF FORT COLLINS MODIFICATIONS (REV 4/2000) modification in Draum¢s or Specifications and report these recommendations to ENGINEER Accurately transmR to CONTRACTOR decisions Issued by the ENGINEER 9 3 2 7 Records 9 3 2 8 Reports 9 3 2 8 1 Funash ENGINEER penoch reports as required of the progress of the Work end of the CONTRACTORS compliance with the progress schedule and schedule of shop Draw= and sample submittals 9 3 2 8 2 Consult with ENGINEER in advance of whedulute mador tes ulSpectiom or start of important phases of the Work 9 3 2 8 3 Draft proposed Chance Orders and Work Directive Changm obtauung backup matenat from the CONTRACTOR MCI recommend to ENGINEER Chan P_ Orders. Work Dffmtive Changes and field orders 9 3 2 8 4 Report unmediately to ENGINEER and OWNER the occurrence of any accident 9329 Payment Requests Review applications for payment with CONTRACTOR for compliance with the established procedure for the submission and forward with recommendation to ENGINEER noting particularly the relationship of the payment requested to the schedule of valuer, work completed and materials and equipment delivered at the site but not incorporated in the Work 9 3 2 10 Completion 9 3 2 10 1 Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring correction or completion 932102 Conduct final inspection in the company of the ENGINEER OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed 932103 Observe that all items on the final lust have been corrected or completed and make recommendations to ENGINEER concerrung acceptance 933 Limitation of Authority The Representative shall not 933 1 Authorize any deviations from the Contract Documents or accept any substitute materials or equipment unless authorized b} the ENGINEER 9332 Exceed limitations of ENGINEERS authority as set forth in the Contract Documents 9333 Undertake any of the responsibilities of the CONTRACTOR Subcontractors or CONTRACTOR S superintendent 9334 Advise on or issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or Procedures for construction unless such is specifically called for in the Contract Documents 9 3 3 5 Advise on or issue directions regarding or assume control over safety precautions and programs in connections with the Wort. 9336 Accept Shop Drawing or sample submtttaiS from anyone other than the CONTRACTOR 9 3 3 7 Authorize OWNER to occupy the Work m whole a 1-Tart 9 3 , 8 Participate in specialtzed field or laboratory tests or inspections conducted by others excem as specifically authorized by the ENGINEER Clarifications aid Interpretations 94 ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EICDC GENERAL CONDITIONS 19104 (1990 Edo,.) w! CITY OF FORT COLLINS MODIFICATIONS (REV 42000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary which shall be consistent with the intent of and reasonably inferable from the Contract Documents Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clanfication or Interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof if any OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12 4alhonzed fanations in Work 95 ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents These maybe 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 male a written claim therefor as provided in Article 1 I or 12 Rejecting Defective Work. 96 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 fu Rtiomng whole as indicated by the Contract Documents ENGINEER will also have auihonty to require special inspection or testing of the Work as provided in paragraph 139 whether or not the Work is fabricated installed or completed Shop Drawings Change Orders and Payments 97 In connection with ENGINEERS authority as to Shop Drawings and Samples we paragraphs 6 24 through 6 28 inclusive 98 In connection with ENGINEERS authority as to Change Orders, we Articles 10 11 and 12 99 In connection with ENGINEERS authority as to applications for Payment see Article 14 Deternunations for Lnzt Pnces 910 ENGINEER will determine the actual quantities and classifications of Unit price Work performed by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEERS preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise) ENGINEERS written decision thereon will be fmal and binding upon OWNER and CONTRACTOR, unless within ten days after the date of any such deasion, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of mtention to appeal from ENGINEERS decision and (i) an appeal from ENGINEERS 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 tights or remedies as the appealing party may have with respect to ENGINNEERs decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9 11 Deermons on Disputes 911 ENGINEER will be the Initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder Claims, disputes and other matters relating to the acceptabillty of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and fumishmg of the Work and claims under Articles 11 and 12 in respect of chans in the Contract Price or Contract Tames will be referrgeed initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph Written notice of each such claim dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto and wnuen 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 parry shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimants 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 ENGINEERS written decision on such claim dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless (i) an appeal from ENGINEERS 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 ENGINEERS written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to Such claim dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 22 EICDCGENERAL CONDITIONS 191"(1990 EAmm) w! CITY OF FORT COLLINS MODIFICATIONS (REV 42000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 912 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 911 with respect to any such clam 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 clam dispute or other matterTunstauitteApael,46 913 Limitations on ENGINEER s Authanty and Responmbibria 9 13 1 Neither ENGINEERS authority or responsibility under tlus Article 9 or udder any other prof ision 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 nse 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 he responsible for CONTRACTORS 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 CONTRACTORS 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 a of any Subcontractor any Suppher orof any other person or organization performing or fumtshmg any of the Work 9 13 4 ENGINEERS 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 1412 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 tins paragraph 913 shall also apply to ENGINEERS Consultants, Resident Project Representative and assistants ARTICLE 10—CHANGES IN THE R ORK 101 Without invalidating the Agreement and without notice to any surety, OWNER may at any time or from time to time order additions deletions or revisions in the Work Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order or a Work Change Directive Upon receipt of any such document CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided) 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 clam may be made therefor as provided in Article I or Article 12 103 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in pamgmphs 3 5 and 3 6 except in the case of an emergency as provided in pamgmph 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 1041 changes in the Work which are (I) ordered by OWNER pursuant to paragraph 10 l (n) required because of acceptance of defective Work under paragraph 13 13 or correcting defective Work under paragraph 13 14 or (tit) agreed to by the parties 1042 changes in the Contract Price or Contact Trines which are agreed to by the parties and 1043 changes in the Contract Price or Contract Tunes which embody the substance of any written decision rendered b} ENGINEER pursuant to paragraph 9 11 provided that in lieu of executing any such Charge 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 anv such appeal CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Paragraph 629 105 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EICDC GENERAL CONDITIONS 19104 (1990 Edium) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) (including but not limited to Contract Price or Contract Times) u 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 Il l The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for perfuming the Work All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTORS 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 clam for an adjustment in the Contract Price shall be based on written notice delivered by the partv making the clan to the other parry and to ENGINEER promptly tout in no event later than Harty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the clan 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 clams) and shall be accompanied by claimants written statement that the adjustment claimed covers all known amounts to winch the claimant is entitled as a result of said occurrence or event All clans for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph9ll if OWNER and CONTRACTOR cannot otherwise agree on the amount involved No clam for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 112 113 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 pnces to the quantities of the items involved (subject to the provisions of 23 paragraphs 119 1 through 119 3 inclusive) 113 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 (winch may include an allowance for overhead and profit not necessarily in accordance with paragraph I 1 6 2) 1133 where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is no reached under paragraph 113 2 on the basis of the Cost of the Wort. (determined as provided in paragraphs 114 and 11 5) plus a CONTRACTORS fee for overhead and profit (detennmed as provided in paragraph 11 6) Cost of the Wwh. 114 The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work Except as otherwise may be agreed to in writing by OWNER such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 115 11 41 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR Such employees shall include without limitation superintendents, foremen and other personnel employed full time at the site Payroll costs for employees not employed full time on the 'A ork shall be apportioned on the basis of their time spent on the Work Payroll costs shall inaluds but a 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 benefrtsq� siele!ewe yeea'-'.,-m,dha.:day 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 42 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 It 4 3 Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors If required by OWNER EXI)C GENERAL CONDIT1 ONa 1910 a (19W Edhm) 24 w/ CITY OF FORT COLLIMMODIFICATIONS (REV 4/ 000) 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 CONTRACTORS Cost of the Wok and fee as provided in paragraphs 114 115 116 and ill Al] subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable 11 44 Costs of special consultants (including but not limited to engineers areMtects testing laboratories surveyors attorneys and accountants) employed for services specifically related to the Work 114 5 Supplemental costs including the following 11 4 5 1 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTORS employees incurred in discharge of duties connected with the Work 11452 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, winch 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 11453 Rentals of all construction equipment and machinery and the parts thereof whether recited from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading uriloedmg installation, dnsmanthng and removal thereof —all in woordance with terms of said rental agreements The rental of any such equipment machinery or parts shall cease when the use thereof its no longer necessary for the Work 11454 Sales, consumer use or similar taxes related to the Work and for which CONTRACTOR is liable unposed by Laws and Regulations 11 4 � 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 114 � o 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 funushmg 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 tot 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 CONTRACTORS 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 1162 11457 The cost of utilities fuel and samtary facilities at the site It 4 5 8 Minor expenses such as telegrams long distance telephone calls, telephone service at the site expressage and similar petty cash items in connection with the Work 11459 Cost of premiums for additional Bonds and insurance required because of changes in the Work 115 The term Cost of the Work shall not include any of the following 1151 Payroll costs and other compensation of CONTRACTORs officers executives, principals (of partnership and sole proprietorships) general managers, engmeers, architects estimators, attorneys, auditors, accountants, purchasing and contracting agents expediters tunekeepers clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTORS principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of lob classifications referred to in paragraph 114 1 or specifically covered by paragraph 114 4-all of which are to be considered administrative costs covered by the CONTRACTORs fee 1152 Expenses of CONTRACTORS principal and branch offices other than CONTRA(.TORs office at the site 1153 Anv Fart of CONTRACTORs capital expenses, including interest on CONTRACTORS capital employed for the Work and charges against CONTRACTOR for delinquent payments 115 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 114 5 9 above) EJCDC GENERAL CONDITIONS 19104 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 1155 Costs due to the negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by my 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 115 6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 114 116 The CONTRACTORS fee allowed to CONTRACTOR for overhead and profit shall be determined as follows 116 1 a mutually acceptable fixed fee or 11 6 2 if a fixed fee is not agreed upon then a fee based on the following percentages of the vanous Portions of the Cost of the Work 11621 for costs incurred under paragraphs 11 41 and 1142 the CONTRACTORS fee shall be fifteen percent 11622 for costs incurred under paragraph 11 43 the CONTRACTORS fee shall be five percent 11623 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 114 1 114 2 114 3 and 1162 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 114 1 and 11 4 2 and that any hi¢her tier Subcontractor and CONTRACTOR will each be Feld a feeof fiv, pesaffit of the amount paid to -�— to be negotiated m i cod faith with the OWNER but not to exceed five percent of the amount raid to the next lower tier Subcontractor 11624 no fee shall be payable on the basis of costs itemized under paragraphs 114 4 114 5 and 115 11625 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 CONTRACTORS fee by an amount equal to five percent of such net decrease and 11626 when both additions and credits are involved in any one change the adjustment in CONTRACTORS fee shall be computed on the basis of the net change in accordance with paragraphs 116 2 1 through 116 2 5 inclusive 117 Whenever the cost of any Work is to be 25