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HomeMy WebLinkAboutBID - 7202 CREAMERY DECONSTRUCTION DISMANTLECity of Fort Collins Purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS • '7 Creamery Deconstruction/Dismantle BID NO. 7202 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS February 4, 2011 — 3:30 P.M. (OUR CLOCK) where renewal is a way of life 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 10/20/07 Section 00100 Page 4 (This page left blank intentionally.) EX-DCGENMAL CONDmors 19108 (IM Ecium) 35 wICIIY OF FORT COLLIM MODIFICATIONS (REV 12DDO) EJCDC GENERA. CONDITIONS 1910-8 (1990 E(iliad 36 wl CITY OF FORT OOLLIM MODIFICATIONS(REV U1000) EXHIBIT GC -A to General Conditions of the Construction Contract Behveen OWNER and CONTRACTOR DISPUTE RESOLUTION ACRMIELNT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or. acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable tinder the prevailing law of any court having jurisdiction 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period w ll result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceeding have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be riled in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -clay or ten-day period specified in paragraph 16.2 as applicable, aril in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 1910-3 (1990 Edam) rv/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by conwGdatiort joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, area 16.4.2. such other person or entiry 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 insuch consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Wort: 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 paragaph 16:5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereoC and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall fast submit any and all unsettled claims, counterclaims, disputesand other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ('disputes"). to mediation by the American Arbitration Association under the Construction Irxlustry Mediation Rules of the American Arbitmtion Association prior to either of them initiating against the other'a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in ini iating arbitration would irrevocably prejudice oneof the parties. The respectivc thirty and ten day time limits within which to Ede 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 OC-A I EfCDC GENERAL CONDMONS 191 M (1990 EdLim) w/ CITY OF. FORT COLLINS MODIFICATIONS(REV 9i94) 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: Subsurface Exploration Report Lincoln Center Additions and Renovations 417 West Magnolia Street Dated November 5, 2009 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. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The 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 Section 00800 Page 1 (CSL). SC-8.10 OWNER's Project Manager A. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The Project Manager shall have the authority set forth in the OWNER's Capital Project Procedures Manual. The Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work, or for any failure of the Contractor to comply with laws and regulation applicable to the performance or furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Resident Construction Inspector(s) (RCI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any RCI assignments. The RCI shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with,Laws and Regulations applicable to the furnishing or performance of the Work. The RCI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The RCI's dealings in matters pertaining to the on -site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule 0 days lost due to abnormal weather conditions. Must be documented and approved by City's Project Representative. SC-13.12 Correction Period: 13.12.1 If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, an Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions. 00800-3 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL o OF THIS CHANGE ORDER TOTAL C.O.o OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing Section 00950 Page 1 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of SUMS. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 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 10/20/07 Section 00100 Page 5 Section 00960 APPLICATION FOR PAYMENT PROJECT: PAY ESTIMATE NO: DATE: CONTRACTOR: ADDRESS: CONTRACT FOR: PARTIAL The undersigned Contractor certifies that to the best of his knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received, in this current payment shown herein is now due. CONTRACTOR: FINAL TO In accordance with the Contract Documents, based on site observations and the data comprising the above application, the Architects Certifies to the Owner that the Work has progressed to the point indicated; that the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. ENGINEER: By: Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is attached. The present status of the account for this Contract is as follows ORIGINAL CONTRACT AMOUNT APPROVED CHANGE ORDERS TO DATE ADJUSTED CONTRACT AMOUNT TOTAL WORK COMPLETED AND MATERIALS USED RETAINAGE (10% OF TOTAL) TOTAL EARNED LESS RETAINAGE LIQUIDATED DAMAGES WITHHELD TOTAL EARNED LESS LIQUIDATED DAMAGES LESS PREVIOUS PAYMENTS CURRENT PAYMENT DUE APPROVED BY: (Title) cc: Accounting City Clerk Contractor Engineer Project File DATE: Section 00960 Page 1 WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. 'these changes are often initiated in the field and may affect the Contract Price or the Contract 'times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DEII RIVFINING C1IANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated time is reached. If the Work Change Directive is not likely to change the Contract Price, the space For estimated: increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph 10.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by -this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WCI'H A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD 8E CONSIDERED PROMPTLY. Section 00970 Page 1 DATE OF ISSUANCE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. WORK CHANGE DIRECTIVE No. EFFECTIVE DATE ENGINEER's Project No. You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: 11 Unit Prices Lump Sum 11 Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract $ Times: If the change involves an increase, the estimated Substantial Completion: days; amount is not to be exceeded without further . Ready for final payment: days. authorization RECOMMENDED: ENGINEER AUTHORIZED: OWNER. By: By: EICDCNo. 191068•F (1996 Edition) Ptepaed by the Encineee Joint Connut Daa is Comminee end endorsed by The As ived General Coovwtom of Menu wA the Conswetion SpecifiW10n5 tawme. Section 00970 Page 2 ement ofCom or ConAcivanemnbn IV TecM1nology Project: To: R.F.I. Number: From: Date: A/E Project Number: REQUEST FOR INTERPRETATION Re: Contract For: Specification Section: Paragraph: Drawing Reference: Detail: Request: Signed by: Date: Response: ❑ Attachments Response From: To: Date Rec'd: Date ReLOd: Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ []Fit. Copyright 1994, Coortmction Specifications Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CSI Form 13.2A Section 00970 Page 3 rco�smcnon �V Taehn.?Og. CLARIFICATION NOTICE Project: Clarification Notice Number: From: To: Date: A/F. Project Number: Re: ContractFor. This Clarification Notice is issued for the purpose of clarifying the Contract Documents based on an interpretation reasonably inferable from the Contract Documents, and therefore has no effect on the Contract Sum or Contract Time. Proceeding with Work in accordance with this Clarification Notice indicates acceptance with no change in the Contract Sum or Contract Time. Specification Section: Pamgmph: Drawing Reference: Detail: Description ❑ Attachments Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ Cl Cl ❑ ❑ File Copyright 1994, Construction Specifications Institute, Page of July 1994 99 Cant Center Plan, Suite 300 Alexandria, VA CSI Form 13.3A 22314 Section 00970 Page 4 orAOYdtkCTMt . r8etn101O9y FIELD ORDER Project: Field Order Number: From: To: Date'. AiE Project Number: Re: Contract For: You are hereby directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the Work without change in Contract Sum or Contract Time. If you consider that a change in Contract Sum or Contract Time is required, submit a Change Order Request to the AtE immediately and prior to proceeding with this Work. Specification Section: Paragraph: Drawing Reference: Detail: Description of Interpretation or Change ❑ Attachments Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Specification Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CS Fana I ).4A Section 00970 Page 5 TABLE OF CONTENTS DIVISION 1 GENERAL REQUIREMENTS Section 01010 Summary of Work 01022 Unit Prices 01026 Application for Payment 01027 Change Order Procedures 01040 Coordination 01041 Superintendent 01045 Cutting and Patching 01046 Access to Site 01060 Regulatory Requirements 01200 Project Meetings 01310 Work Schedules 01370 Schedule of Values 01510 Temporary Utilities 01520 Deconstruction Equipment and Aids 01530 Barriers and Enclosures 01540 Erosion and Sedimentation Control 01560 Temporary Controls 01590 Field Offices and Sheds 01700 Contract Close-out 01710 Cleaning 01714 Deconstruction/Demolition Waste Management 01715 Waste Removal and Recycling DIVISION 2 SITEWORK 02070 Selective Building Demolition 02080 Hazardous Materials Removal 2200 Earthwork SECTION 01010 SUMMARY OF WORK PART1 GENERAL 1.01 PROJECT SITE A. Location: The old Poudre Valley Creamery is located at 222 Laporte Avenue, Fort Collins, Colorado. 1.02 DESCRIPTION OF THE WORK A. General: The work consists of the deconstruction/dismantle of one large building, two large deciduous trees, fencing and gates, and other miscellaneous small site items at City of Fort Collins Block 32 as identified on the site diagram. B. Before deconstruction/dismantle work begins the Contractor will use the utmost care to deconstruct, disassemble, and/or dismantle, remove, package, and transport, to an Owner designated location, all historical artifacts identified by the Owner by list and/or photographs attached in Appendix A of this document. C. Perform existing material removal, salvage, recycling activities, clean up, site backfill, grading, and fine grading in preparation for seeding or placement of sod and minor landscaping (seeding/sod & landscaping by others). C. Salvage, clean, palletize, contain, and transport, to a City designated storage facility, 20,000 original red building bricks used to construct the referenced original building. Pallet height with bricks shall not exceed five (5) feet. Storage destination shall be within one -and -one- half (1.5) miles of work site. As an add alternate the Contractor will provide a unit cost bid price to clean additional bricks (per 100 unit increments) and transport same as per the specifications contained herein. D. Unless otherwise noted, Contractor shall provide, at his expense, all materials, labor, equipment, tools, transportation and utilities, including cost of connection of such temporary utilities, necessary for successful completion of the project. E. The Contractor will complete the scope of work outlined above and comply with all the requirements of the subsequent specifications. C. It is the intent of the Owner not to disturb the normal functions of the other buildings on the block, its residents and their visitors, employees, vendors, suppliers, contractors or related outside businesses during the work of this project. 2 D. The Contractor shall be responsible for seeing that all subcontractors, suppliers and workmen associated with the project conduct themselves in a professional and businesslike manner while on the site. 1. Alcoholic beverages will not be permitted on the site, anywhere within the Owner's facilities or on the Owner's property. Smoking will be permitted in designated areas. 2. All workers shall refrain from the use of profane or abusive language and other forms of harassment on the site or in close proximity there to. 3. Other specific conditions of this Section shall be as arranged at the Pre -Construction Conference. 4. Refer to Section 01046 for specific rights of the Owner's principal representative. 1.03 CONTRACTOR QUALIFICATIONS A. Contractor Qualifications: General Contractor shall have completed at least four (4) projects of similar size, scope and complexity in the past five (5) years under similar deconstruction/demolition guidelines to the ones provided herein. 1. Contractor shall hold the appropriate State and/or local licenses to perform the work in the local jurisdiction. 2. Contractor shall submit a list of references, including name, telephone number, and address for persons who can verify successful completion of deconstruction/demolition projects of similar size, scope and complexity. Positive verification results from references shall be a condition precedent to award of this contract. 3. Superintendent Qualifications: Refer to Section 01041. 1.04 FORM OF BID AND/OR CONSTRUCTION CONTRACT A. The work of this Project shall be bid and construction contracts awarded on the following basis, unless otherwise modified in the General or Supplementary Conditions of the Contract: 1. Lump sum basis, including approved Alternates. 1.05 SALVAGE, RECYCE, REUSE RIGHTS A. The Owner retains the right to salvage all items identified as historical artifacts at the site, either interior or exterior of the building, identified by either list or photographs included in these documents. In addition, Owner will retain the right to any undocumented or undiscovered artifact and/or material that may be encountered and recovered during the course of the Work. B. The Contractor is granted the right to salvage any/all materials from the project except those items so designated as historical 3 artifacts, and that are scheduled to be removed before demolition operations begin. , 1. The Contractor is responsible for identifying any items and/or materials either recycled or retained in the Deconstruction Waste Management Plan (see Section 01714 1.03 Submittals). Known quantities of materials having possible recycle or reuse value are as follows: a. Copper content in electrical wiring b. Copper content in water pipe service and drain lines C. Interior trim lumber, casework and shelving d. Interior framing lumber, decking, plywood e. Steel pipe, hardware, connectors, posts, beams, and conduit f. Small appliances, heating units, ductwork g. Masonry, and masonry byproducts (unclaimed by the Owner) h. Miscellaneous small unspecified items such as, but not limited to; electric panels, boxes or meters; plumbing fixtures, faucets, brass fittings, hardware, exhaust fans, mechanical equipment, garage door openers, etc. C. It is the intent of the Owner that the Contractor will reduce his bid price at time of bid to compensate the Owner for salvage rights so received by the Contractor. 1.06 ENVIRONMENTAL A. Owner provide asbestos abatement by separate contract. B. Lead paint removal shall be handled by the Contractor, following all applicable OSHA And CDOT requirements for handling, collection and disposal. Refer to Standard Specifications for Road and Bridge Construction, 1999, Section 250 Environmental, Health and Safety Management. END OF SECTION rd any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional 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 10/20/07 Section 00100 Page 6 SECTION 01022 UNIT PRICES 1.01 WORK INCLUDED A. Unit Prices will not be considered in determining the Low Responsive Responsible Bidder. B. Related requirements specified elsewhere: 1. Bidding Documents: Bid Form. 2. Owner -Contractor Agreement: Incorporation of Unit Prices into the Work. 3. Sections of the Specifications as referenced. 1.02 DESCRIPTION OF UNIT PRICES A. The Contractor shall furnish the following Unit Prices for addition and/or deletion of bid items by the Owner. Unit Prices shall include all labor, materials, tools, equipment and supervision necessary for each item to be installed, and all mark-ups for the Contractor and Subcontractor, completely finished, operational and coordinated with related work. Unit Prices requested shall not be construed as all-inclusive, and the Owner reserves the right to add or delete from the project using these Unit Prices in any order or quantity. Base Bid shall include all items described in these documents before unit prices described in this section. B. Item Description Unit 1. Original building bricks — cleaned, palletized and delivered to Owner's designated storage destination within one -and -one-half (1.5) miles of site. Price per 100 bricks lot. 2. Imported structural fill material imported, placed, compacted, and rough graded per Cubic Yard. END OF SECTION 5 SECTION 01026 APPLICATIONS FOR PAYMENT PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit Applications for . Payment to Owner in accordance with the schedule established by the General and Supplementary Conditions of the Contract and Owner -Contractor Agreement. B. Related requirements specified elsewhere: 1. Owner -Contractor Agreement: a. Lump sum and unit prices. b. Progress payments, retainages and final payment. C. Allowable progress payments for Contractor overhead, profit and Division I expenses. 2. Bid Form. 3. General and Supplementary Conditions: a. Retainages. b. Liquidated damages, if applicable. C. Partial release of lien affidavits. 4. Section 01370, Schedule of Values. 5. Section 01700, Contract Closeout. 6. Section 01730, Operating and Maintenance Data. 1.02 FORMAT AND DATA REQUIRED A. Submit itemized Applications typed on standard City of Fort Collins forms, unless otherwise approved. B. Provide itemized data on continuation sheet. Format, schedule, line items and values shall be those of the Schedule of Values accepted by the Owner/Architect. C. Applications for payment shall include only that material, labor and/or stored material in place as of the date of Application. 1.03 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: 1. Form shall be completed and notarized by a Notary Public, state of Colorado. 2. Fill in required information, including that for Change Orders executed prior to date of submittal of Application. Incomplete Application forms shall be returned to the Contractor and not processed. 3. Fill in summary of dollar values to agree with respective totals indicated on continuation sheets. 104 4. Certification shall be executed with signature of a responsible officer of contract firm. B. Continuation Sheets: 1. Fill in total list of all schedule component items of work with item number and scheduled dollar value for each item. 2. Fill in dollar value in each column for each scheduled line item when work has been performed or products stored, as of date of Application. 3. List each Change Order executed prior to date of Applica- tion at the end of the continuation sheets. a. List by Change Order number and description, as for an original component item of work. C. Retainage: The Owner shall withhold retainage from each progress payment, as stipulated in the General and Supplementary Conditions. Contractor shall reflect the amount retained on each Application for Payment. D. Partial Release of Liens Affidavit: Contractor shall submit a Partial Release of Liens Affidavit with each Application for Payment certifying payment to Subcontractors, material suppliers or other entities having provided.labor, materials and equipment related to the Work covered by the previous Application for Payment, as specified in the General and Supplementary Conditions. , E. Prior to acceptance of Application for Payment, Contractor shall show that project record drawings are current and up to date per Section 01720, as requested by the Owner/Architect. F. Prior to acceptance of Application for Payment, Contractor shall provide certified payroll reports, as requested by the Owner, in conformance with the requirements of the Davis -Bacon Act. G. Prior to acceptance of Final Application for Payment, Contractor shall submit complete operating and maintenance manuals for review and acceptance by the Owner/Architect. Refer to paragraph 1.06 below. 1.04 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When the Owner requires substantiating data, Contractor shall submit suitable information with a cover letter identifying: 1. Project name, Application number and date. 2. Detailed list of enclosures. 3. Stored materials may be submitted for payment, provided they are stored on site, in the Subcontractor's insured facility, or in a bonded warehouse facility as of the date of Application. a. Submit item number and identification as shown on Application, description of specific material. 7 b. Submit certificate of insurance indicating coverage of stored materials, if requested by the Owner. B. Submit one (1) copy of data for each copy of Application. 1.05 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Fill in Application form as specified for progress payments. B. Use continuation sheet for presenting the final statement of accounting as specified in Section 01700, Contract Close -Out. 1.06 SUBMITTAL PROCEDURE A. Submit Applications for Payment to Owner/Architect within the time limitations and deadlines stipulated in the Agreement. B. Number: Four (4) copies of each Application, or as established at the Pre -Construction Conference. C. Final Certificate for Payment shall be processed only after operating and maintenance manuals have been received, reviewed and accepted by the Architect and Owner. END OF SECTION E:3 SECTION 01027 CHANGE ORDER PROCEDURES PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall prepare and promptly implement Change Order procedures: 1. Provide full written data required to evaluate proposed changes in the Contract Sum or extensions of the Contract Time. 2. Maintain detailed records of work done on a time- and-material/force-account basis. 3. Maintain detailed records of weather -related delays to substantiate claims for additional time. B. Designate in writing the member of Contractor's organization who is authorized to accept changes in the work. C. Related requirements specified elsewhere: 1. Owner -Contractor Agreement and Conditions of the Contract: a. Methods of determining cost or credit to Owner resulting from changes in the work made on a time -and -material basis. b. Contractor's claims for additional costs. c. Allowable limits for Contractor's overhead and profit. d. Established unit prices. 2. Section 01026, Applications for Payment. 3. Section 01046, Access to Site: Designation of Owner's Principal Representative, authorized to execute change orders. 4. Section 01310, Construction Schedules. 5. Section 01370, Schedule of Values. 6. Section 01600, Material and Equipment: Substitutions. 7. Section 01720, Project Record Documents. 1.02 DEFINITIONS A. Change Order: See General Conditions. B. Architect's Supplemental Instructions, AIA Document G710: A written order, instructions or interpretations signed by Owner/Architect making minor changes in the work not involving a change in Contract Sum or Contract Time.. r•. C. Proposal Request, AIA Document G709: A written request by the Owner/Architect describing proposed changes in the work and requesting change order pricing from the Contractor, but not authorizing the work to be completed until approved in writing by the Owner. D. Construction Change Authorization, standard City of Fort Collins form: A written order to the Contractor signed by Owner/Architect which amends the Contract Documents as described and authorizes Contractor to proceed with a change which affects the Contract Sum or the Contract Time, for inclusion in a subsequent Change Order. 1.03 PRELIMINARY PROCEDURES A. Owner/Architect may initiate changes by submitting a Proposal Request to Contractor. Request will include: 1. Detailed description of the change, products and location of the change in the project. 2. Supplementary or revised Drawings and Specifications. 3. The projected time span for making the change and a specific statement as to whether overtime work is or is not authorized. 4. A specific period of time during which the requested price will be considered valid. 5. Such request is for information only and is not an instruction to execute the changes or to stop work in progress. B. Contractor may initiate changes by submitting a written notice to Owner/Architect containing: 1. Description of the proposed changes. 2. Statement of the reason for making the changes. 3. Statement of the affect on the Contract Sum and the Contract Time. 4. Statement of the affect on the work of separate contractors. 5. Documentation supporting any change in Contract Sum or Contract Time as appropriate. C. Changes in the work affecting construction cost and/or contract time shall not be started without a fully executed Change Order or other written authorization from the Owner/ Architect, in accordance with the General and Supplementary Conditions. 1.04 CONSTRUCTION CHANGE AUTHORIZATION A. In lieu of a Proposal Request, Architect may issue a Construction Change Authorization for Contractor to proceed with a change for subsequent inclusion in a Change Order. 10 1.05 B. Authorization will describe changes in the work, both additions and deletions, with attachments of revised Contract Documents to define details of the change and will designate the method of determining any change in the Contract Sum and any change in Contract Time. C. Owner/Architect will sign and date the Construction Change Authorization as authorization for the Contractor to proceed with the changes. D. Contractor will sign and date the Construction Change Authorization to indicate agreement with the terms therein. DOCUMENTATION OF PROPOSALS AND CLAIMS A. Support each quotation for a lump sum proposal and for each unit price which has not previously been established with sufficient substantiating data to allow Architect and Owner to evaluate the quotation. 1. Labor and equipment required. 2. Materials required: a. Recommended source of purchase and unit cost. b. Quantities required. 3. Taxes, insurance and bonds. 4. Credit for work deleted from Contract similarly documented. 5. Overhead and profit. Refer to Supplemental Conditions of the Contract for established limits, if applicable. 6. Justification for any change in Contract Time. B. Support each claim for additional costs and for work done on a time-and- material/force-account basis, with documentation as required for a lump sum proposal plus additional information: 1. Name of the Owner's authorized agent who ordered the work and date of the order. 2. Dates and times work was performed and by whom. 3. Time record, summary of hours worked and hourly rates paid. 4. Receipts and invoices for: a. Equipment used, listing dates and times of use. b. Products used, listing quantities. C. Subcontracts. C. Document requests for substitutions for products as specified in Section 01600. D. Support each claim for additional time due to weather -related delays with the following daily information: 1. Statement of the reason for requesting an extension to the Contract Time due to the weather, including the materials or 11 trades affected and the adverse effects of the weather upon these items. 2. Weather conditions at the site of the project for each day requested. 3. Temperature in Fahrenheit at the site for each day requested. 4. Any additional information requested by the Owner. 1.06 PREPARATION OF CHANGE ORDERS A. Contractor shall prepare each Change Order, unless Owner/Architect is authorized to prepare Change Orders at the Pre -Construction Conference. B. Form: Change Order, AIA Document G701 and Owner provided form. C. Change Order will describe changes in the work, both additions and deletions, with attachments of revised Contract Documents to define details of the change. D. Change Order will provide an accounting of the adjustment in the Contract Sum and the Contract Time. 1.07 LUMP SUM/FIXED PRICE CHANGE ORDER A. Content of Change Orders will be based on either: 1. Owner's Proposal Request and Contractor's response as mutually agreed between Owner and Contractor; or 2. Contractor's proposal for a change as recommended by Owner/Architect. B. Owner/ Architect will sign and date the Change Order as authorization for the Contractor to proceed with the changes. C. Contractor will sign and date the Change Order to indicate agreement with the terms therein. 1.08 UNIT PRICE CHANGE ORDER A. Content of Change Orders will be based on either: 1. Owner/Architect's definition of the scope of the required changes. 2. Contractor's proposal for a change as recommended by Owner/Architect. 3. Survey of completed work. B. The amounts of the unit prices to be either: 1. Those stated in the Agreement. 12 2. Those mutually agreed upon between Owner and Contractor. C. When quantities of each of the items affected by the Change Order can be determined prior to start of the work: 1. Owner/Architect will sign and date the Change Order as authorization for Contractor to proceed with the changes. 2. Contractor will sign and date the Change Order to indicate agreement with the terms therein. D. When quantities of the items cannot be determined prior to start of the work: 1. Architect/Owner will issue a Construction Change Authorization directing Contractor to proceed with the change on the basis of unit prices and will cite the applicable unit prices. 2. At completion of the change, Owner/Architect will determine the cost of such work based on the unit prices and quantities used. a. Contractor shall submit documentation to establish the number of units of each item and any claims for a change in Contract Time. 3. Owner/Architect will sign and date the Change Order to establish the change in Contract Sum and in Contract Time. 4. Owner and Contractor will sign and date the Change Order to indicate their agreement with the terms therein. 1.09 TIME AND MATERIAL/FORCE ACCOUNT CHANGE ORDER/CONSTRUCTION CHANGE AUTHORIZATION A. Architect/Owner will issue a Construction Change Authorization directing Contractor to proceed with the changes. B. At completion of the change, Contractor shall submit itemized accounting and supporting data as provided in paragraph 1.05, Documentation of Proposals and Claims. C. Owner/Architect will determine the allowable cost of such work as provided in General Conditions and Supplementary Conditions. D. Owner/Architect will sign and date the Change Order to establish the change in Contract Sum and in Contract Time. E. Contractor will sign and date the Change Order to indicate their agreement therein. F. Owner must approve in writing and on a daily basis all time and material Change Orders. 13 1.10 CONTRACTOR OVERHEAD AND PROFIT A. General: Allowable limits to the Contractor's and Subcontractors' mark- ups on Change Orders shall be as established in the General and/or Supplementary Conditions of the Contract. 1.11 CORRELATION WITH CONTRACTOR'S SUBMITTALS A. Periodically revise Schedule of Values and Application for Payment forms to record each change as a separate item of work and to record the adjusted Contract Sum. B. Periodically revise the Construction Schedule to reflect each change in Contract Time. 1. Revise subschedules to show changes for other items of work affected by the changes. C. Upon completion of work under a Change Order, enter pertinent changes in Record Documents. END OF SECTION 14 OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 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 10/20/07 Section 00100 Page 7 SECTION 01040 COORDINATION PART 1 GENERAL 1.01 COORDINATION REQUIREMENTS A. Contractor shall be responsible for the overall coordination of all work to be performed as part of this project. B. Coordinate all work included in the Construction Documents, including but not limited to the following construction trades: 1. Deconstruction/Demolition. 2. Earthwork, excavation and grading. 3. Onsite utilities, including utilities designed by other jurisdictions. 4. Loading, hauling. 5. Recycling. 6. Waste Management Plan management C. Coordinate scheduling, submittals and work of the various Sections of Specifications to assure efficient and orderly sequence of deconstruction/demolition, recycling, and site refurbishment. D. Coordinate utility locates and utility designs with the City of Fort Collins and other jurisdictions having authority over the project. Refer to Section 01060. E. Related requirements specified elsewhere: 1. General and Supplementary Conditions: Contractor's Respon- sibilities. 2. Section 01010, Summary of Work. 3. Section 01060, Regulatory Requirements. 1.02 COORDINATION OF SCHEDULES A. Coordinate schedule of deconstruction/dismantle activities with Owner. B. Coordinate schedule of construction activity with other Contractors as necessary to facilitate the related work. 1.03 OORDINATION MEETINGS A. In addition to progress meetings specified in Section 01200, Contractor shall hold coordination meetings and pre -demolition meetings with subcontractor to assure coordination of work. 1.04 OORDINATION OF CONTRACT CLOSE-OUT A. Coordinate completion and cleanup of work of separate Sections in preparation for Substantial Completion. 15 B. Assemble and coordinate close-out submittals specified in Section 01700. C. After Owner's occupancy of premises, coordinate access to the site by various Sections for correction of defective work and work not in accordance with Contract Documents to minimize the disruption of Owner's activities. END OF SECTION 16 SECTION 01041 SUPERINTENDENT PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall employ a competent superintendent and any necessary assistants, who shall be in attendance at the project site during performance of the work. B. Superintendent shall be on the jobsite to the minimum level specified herein, but in all cases whenever the Contractor or a subcontractor is working on the project. C. Related work specified elsewhere: 1. General and Supplementary Conditions of the Contract. 2. Section 01010, Summary of Work. 3. Section 01040, Coordination. 4. Section 01046, Access to Site. 1.02 QUALIFICATIONS A. Contractor shall employ a competent superintendent to supervise and coordinate all construction and jobsite administration tasks for the duration of the project. 1. Superintendent shall be a regular employee of the Contractor's firm, unless the use of a contract employee is approved and authorized by the Owner in writing. 2. Superintendent shall have a general knowledge of the building type and type of construction proposed for this project, and shall have successfully completed at least two (2) projects of similar size and complexity in the past five (5) years, serving in a similar capacity. 3. Contractor shall submit a written resume, references for similar completed projects and other supporting documents to verify the qualifications of the person(s) to be employed as superintendent for this project, if requested by the Owner. 1.03 REQUIRED LEVEL OF SUPERVISION A. Superintendent shall be present at the jobsite until Substantial Completion on a full-time basis. 1. Superintendent shall be present at the jobsite whenever a Subcontractor is working on the project. 2. Superintendent shall be present during any municipal or utility inspection. 3. Superintendent shall be present at any scheduled or Owner- or Architect -requested meeting. 17 B. Superintendent shall be present at the jobsite after Substantial Completion and through project closeout as follows: 1. Superintendent need not be onsite full time during this period, except as noted below. 2. Superintendent shall be present at the jobsite when punchlist work is being completed. END OF SECTION 18 SECTION 01045 CUTTING AND PATCHING PART1 GENERAL 1.01 WORK INCLUDED A. Requirements and limitations for cutting and patching of the work. Cutting and patching shall be as required to provide a complete and finished project. B. Related work specified elsewhere: 1.02 SUBMITTALS A. Submit written request in advance of cutting or alteration which affects: 1. Structural integrity of any element of the project. 2. Building, fire, life safety or handicapped accessibility compliance of the project. 3. Integrity of weather -exposed or moisture -resistant elements. 4. Efficiency, maintenance or safety of any operational element. 5. Visual or aesthetic qualities of sight -exposed elements. 6. Historic materials, details or fabric of the structure. B. Include in request: 1. Location and description of affected work. 2. Necessity for cutting or alteration. 3. Description of proposed work and products to be used. 4. Alternatives to cutting and patching. 5. Effect on work of Owner or separate Contractor, if any. 6. Date and time work will be executed. PART 2 PRODUCTS 2.01 MATERIALS A. Materials used in cutting and patching shall be those required for, or to match, original construction. B. For any change in materials, submit request for substitution. PART 3 EXECUTION E 3.01 PREPARATION A. Restoration Projects: If historical or archaeological resources are encountered during excavation or construction of this project, the Contractor shall stop work and notify the Owner and the Office of Archaeology and Historic Preservation, Colorado Historical Society. Work shall not proceed until authorized in writing by the Owner. 3.02 CUTTING AND PATCHING A. Execute cutting, fitting and patching as required for a complete and finished project. 1. Contractor shall be responsible for cutting and patching as required for the completion of the work. No cutting shall be done without approval of the Architect/Owner as to location, method and extent of cutting. 2. Fit work tight to adjacent elements. Refinish surfaces to match adjacent finishes. 3. Minimize extent of necessary cutting and patching. Thoroughly explore alternatives to cutting and patching. 4. Remove and replace defective and non -conforming work. 5. B. Cutting, patching and fitting shall be performed by personnel or subcontractors skilled in the particular trades or Sections of the work involved. C. Perform cutting by methods which will prevent damage to other portions of the work and provide proper surfaces to receive installation of repair and new work. D. Perform fitting and adjusting of products to provide finished installation complying with the specified tolerances and finishes. END OF SECTION 20 SECTION 01046 ACCESS TO SITE PART 1 GENERAL 1.01 OWNER'S USE OF PREMISES A. It is the intent of the Owner not to disturb the normal functions of the adjacent properties, visitors, employees, vendors, suppliers, contractors or related outside businesses during the work of this project. B. The City of Fort Collins (the Owner) shall not occupy or use any portion of the building or site until Substantial Completion of the project. C. Refer to paragraph 1.04 below for special site restrictions. D. The Owner's principal representative on this project shall be Steve Seefeld. Mr. Seefeld shall be the only representative of the Owner with access to the site with or without the Contractor's knowledge, permission or guidance. E. Related conditions specified elsewhere: 1. Section 01010, Summary of Work. 2. Section 01040, Coordination. 3. Section 01060, Regulatory Requirements. 4. Section 01510, Temporary Utilities. 5. Section 01590, Field Offices and Sheds. 1.02 CONTRACTOR'S USE OF PREMISES A. Contractor shall have access to the site as required for the successful completion of the project, as arranged at the Pre -Construction Conference. B. Site area affected by deconstruction access, demolition activities, employee parking and material storage areas is to be minimized. 1. Final limits of site access shall be as determined at the Preliminary deconstruction/demolition conference. 2. Owner's access to non -effected areas of Block 32 shall be maintained at all times. Employee parking areas will be maintained throughout the duration of the project, as determined at the Pre -Construction Conference. 3. Contractor's employees and subcontractors shall not park in designated City employee or designated business parking spaces but may park on public streets adjacent to the site or use the nearby parking garage at their own expense. 4. Contractor shall provide periodic cleaning of the site during the period of deconstruction/demolition activity as determined by the Owner's Representative. 21 C. Contractor shall assume full responsibility for the protection and safekeeping of products under this Contract stored on the site and for completed work. D. Noise Control: Refer to Section 01560, Temporary Controls. E. Dust and Erosion Control: Refer to Section 01560, Temporary Controls. F. Construction Hours: Refer to Section 01560, Temporary Controls. G. Toilet Facilities: Refer to Section 01510, Temporary Utilities. 1.03 DECONSTRUCTION -DEMOLITION STAGING A. Contractor shall provide a staging and phasing plan for the Owner's review and approval at the Pre -Construction Conference, including: 1. Major materials to be stored on the site. 2. Major equipment to be used in the work, with the proposed placement of this equipment during different phases of construction. 3. Field offices, trailers and storage sheds, including those proposed by major Subcontractors. 4. Limits of temporary site fencing, including access points. 5. Proposed phasing or sequencing of deconstruction/demolition on the site. 1.04 SPECIAL SITE RESTRICTIONS A. The project is located on a downtown site, enclosed on each side by adjacent buildings, fronted by a public street with a public alley to the rear. Access to the site for delivery of materials and/or equipment and any other deconstruction/demolition activities will be restricted to locations and times as prescribed by the City of Fort Collins. Contractor shall acquire any permits or other approvals as required.for street or alleyway closures necessitated by the deconstruction/demolition. Refer to Section 01060, Regulatory Requirements. B. All deconstruction/demolition access shall be via Laporte Avenue. No deconstruction/demolition access will be permitted from alleys, drives, or parking areas to the north and east of the site without permission from the Owner. END OF SECTION 22 PART 1 GENERAL 1.01 `NIN SECTION 01060 REGULATORY REQUIREMENTS APPROVAL AND RECOMMENDATION AGENCIES A. The City of Fort Collins has jurisdiction for review and approval of the project, including but not limited to, the following departments: 1. Building Inspection. 2. Fire Prevention. 3. Engineering and Traffic Engineering. 4. Water/Wastewater Utility. 5. Stormwater Utility. 6. Electric Utility: B. Other entities having jurisdiction of this project, include but are not limited to: 1. State of Colorado Department of Public Health and Environment. 2. Larimer County Health Department. 3. Poudre Fire Authority. C. Codes which have been adopted by City of Fort Collins applicable to the project include, but may not be limited to: 1. International Building Code, 2006 Edition, with amendments. 2. International Fire Code, 2006 Edition. 3. National Electric Code, 2008 Edition. 4. Miscellaneous health and safety codes and standards applied by the State of Colorado Department of Public Health and Environment. 5. Any other local, state or federal codes which are applicable. 6. In case of a conflict between referenced applicable codes, the one having the more stringent requirements shall govern. SERVICES AND UTILITIES A. Utility services are provided to the area of the project by the following jurisdictions: 1. Water: City of Fort Collins Utilities Department. 2. Sanitary Sewer: City of Fort Collins Utilities Department. 3. Stormwater Drainage: City of Fort Collins Storm Water Utility 4. Natural Gas: Xcel Energy. 5. Telephone: Qwest. 6. Electric: City of Fort Collins Utilities Department. 23 B. The Contractor shall be responsible for coordinating the work of these outside utility providers relative to utility shot -off, capping and/or terminating services, or abandoning services lines in place. Refer to Section 01040. 1.03 COMPLIANCE WITH APPLICABLE LAWS A. In addition to any applicable regulations referenced elsewhere, all Contractors shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto, including but not limited to: 1. National Environmental Policy Act of 1969, as amended, and the implementing regulations of HUD and of the Council on Environmental Quality providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing environmental quality. 2. The Clean Air Act of 1970 as amended, requiring that federal assistance will not be given and that license or permit will not be issued to any activity not conforming to the State implementation plan for national primary and secondary ambient air quality standards. 1.05 SAFETY OF LIFE, HEALTH AND PUBLIC WELFARE A. Contractor shall have sole responsibility for compliance on the job site with all applicable portions of the Williams -Steiger Occupational Safety and Health Act (OSHA) and compliance with the Equal Employment Opportunity Act (EEO). 1. Contractor shall fully comply with OSHA requirements for maintaining Material Safety Data Sheets (MSDS) on the site. B. Protection of life, health and public welfare as it relates to construction of the project is the responsibility of the Contractor. The Owner will not provide observation, inspection, supervision or any comment on plans, procedures or actions employed at the project as they relate to safety of life, health or public welfare. If conditions are imposed by the Owner which interfere with or imply actions detrimental to safety, written notice shall be returned to the Contractor for action prior to affecting any unsafe conditions. C. The Owner/Architect shall not have control or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures for safety precautions and programs in connection with the work, for the acts or omissions of the Contractor, subcontractors or any 24 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 incorporatedin the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a.collusive or sham Bid. 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 10/20/07 Section 00100 Page 8 other persons performing any of the work or for the failure of any of them to carry out the work in accordance with the Contract Documents. 1.06 LICENSES A. Refer to General and Supplementary Conditions. B. Contractor shall be responsible for meeting all contractor licensing requirements for the City of Fort Collins including testing and fees as applicable. Contractor shall aquire and maintain all required licenses for the duration of the project. See Summary of Work, Section 01010; 1.03. 1.07 PERMITS AND FEES A. Refer to General and Supplementary Conditions. B. Contractor shall be responsible for all permits, fees and inspections required by the regulatory agencies referenced above, including but not limited to: 1. Subcontractor fees. 2. Any other local or state permits or fees. C. Owner shall be responsible for the following permits, fees and inspections required by the regulatory agencies referenced above, including: 1. Plan review fees. 2. Building permit fees. 2. Utility impact and plant investment fees, and other development fees. 3. Utility tap and meter fees. D. The Contractor shall be responsible for applying for, and acquiring, all building or building demolition permits, inspections and any other permits required for the deconstruction/demolitition of this project. END OF SECTION 25 SECTION 01200 PROJECT MEETINGS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Owner shall schedule and administer Pre -Bid and Pre -Construction Conferences. B. Contractor shall schedule and administer periodic progress meetings and specially called meetings throughout progress of the work. 1. Prepare agenda for meetings and conduct meetings. 2. Record the minutes, including significant proceedings and decisions. 3. Reproduce and distribute copies of minutes within five (5) days after each meeting to all participants in the meeting and parties affected by decisions made at the meeting. 4. Prepare and regularly update an `open items list" to document and track required decisions and pending changes. C. Representatives of contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. D. Owner's representative will attend meetings to ascertain that work is expedited consistent with Contract Documents and construction schedules. 1.02 PRE -CONSTRUCTION MEETING A. Owner shall schedule and administer the Pre -Construction Conference within five (5) working days after the date of Notice to Proceed. B. Location: A central site, convenient for all parties, designated by the Owner. C. Attendance: 1. Owner's principal representative. 2. Contractor's project manager and superintendent. 3. Major subcontractors. D. Agenda: 1. Distribution and discussion of: a. List of major subcontractors. b. Project construction schedules. C. Contractor's Safety plan d. Contractor's staging plan. 2. Critical work sequencing. 3. Major equipment deliveries and priorities. 26 4. Project coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Proposal requests. C. Submittals, shop drawings and samples. d. Change Orders. e. Applications for Payment. f. Certified payroll reports for Davis -Bacon wage reporting, if applicable. 6. Adequacy of distribution of Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Field office, work and storage areas. b. Owner's use of site and grounds. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Safety and first -aid procedures. 12. Security procedures and temporary site or building fencing and enclosures. 13. Housekeeping procedures. 14. Pending changes and substitutions by Change Order. 15. Installation of project sign. 1.03 PROGRESS MEETINGS A. Contractor shall schedule and administer regular weekly meetings as determined at the Pre -Construction Conference and specially called meetings as required by progress of the work. B. Location of the Meetings: As designated by Contractor and coordinated with the Owner's principal representative, normally the Contractor's jobsite trailer. C. Attendance: 1. Contractor's project manager and on -site superintendent. 2. Owner's principal representative. 3. Subcontractors as appropriate to the agenda. 4. Others as appropriate. D. Suggested Agenda: 1. Review of work progress since previous meeting. 2. 'Field observations, problems and conflicts. 3. Review of delivery schedules. 4. Revisions to the deconstruction/demolition schedule. 5. Progress and schedule during succeeding work period. 7. Maintenance of quality standards. 8. Pending changes and substitutions, with review of the proposed changes for: a. Effect on deconstruction/demolition schedule and completion date. 27 b. Effect on other contracts of the project. 9. Review of Contractor's application for progress/final payment. 10. Walk-through inspection of the work in progress by the Owners representative, and his consultants, as necessary, and General Contractor. Subcontractors will only be involved in these walk- throughs as requested by the Owner/Architect. END OF SECTION 28 SECTION 01310 WORK SCHEDULES PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall prepare and submit to the Owner estimated deconstruction/demolition progress schedules for the work with sub - schedules of related activities which are essential to its progress. B. Submit revised progress schedules periodically. C. Related requirements specified elsewhere: 1. General and Supplementary Conditions, and Conditions of the Contract: Liquidated Damages. 2. Section 01040, Coordination. 3. Section 01200, Project Meetings. 1.02 FORM OF SCHEDULES A. Type: Schedules will be computer generated, using software specifically designed for this intent. B. Prepare schedules in a continuous flow, both daily and weekly formats. 1. Provide separate horizontal bar for each trade, supplier or subcontractor. 2. Horizontal Time Scale: Identify the first workday of each week. 3. Scale and Spacing: As required to allow space for notations and future revisions. 4. Minimum Size: 8-1/2" x 11". C. Format of Scheduling: Chronological order of the start of each item of work. 1.03 CONTENT OF SCHEDULES A. Construction Progress Schedule 1. Show the complete sequence of deconstruction/demolition by activity. 2. Show the dates for the beginning and completion of each major element of work, based upon the Schedule of Values. 3. Substantial completion, punch list completion, final completion and contract close-out shall be included. B. Final Completion Schedule: Contractor shall update the latest progress schedule through contract close-out. 29 C. Nothing in these requirements shall be deemed to be a usurpation of the Contractor's authority and responsibility to plan and schedule the work as he sees fit, subject to all other requirements of the Contract Documents. 1.04 SUBMISSIONS A. Submit initial schedule within five (5) days after Award of Contract. 1. Owner will review schedules and return review copy within two (2) days after receipt, if modifications are not required. 2. If required, resubmit within two (2)days after return of review copy. B. Submit revised progress schedules with each Application for Payment indicating actual work progress in comparison to scheduled progress. Schedules will be reviewed at normally scheduled meetings as determined at pre-deconstruction/demolition conference. C. Submit final schedule with contract close-out documentation. 1.05 DISTRIBUTION OF SCHEDULES A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Owner's representative. 3. Subcontractors 4. Other interested parties such as adjacent property owners. B. Instruct recipients to report promptly to the Contractor in writing any problems anticipated by the projections shown in the schedules. END OF SECTION 30 SECTION 01370 SCHEDULE OF VALUES PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit to the Owner/Architect a Schedule of Values allocated to the various portions of the work. Upon request of the Owner, support the values with data which will substantiate their correctness. B. Schedule of Values shall be used only as the basis for the Contractor's Applications for Payment. C. Related requirements specified elsewhere: 1. Conditions of the Contract. 2. Section 01026, Application for Payment. 1.02 FORM AND CONTENT OF SCHEDULE OF VALUES A. Schedule of Values shall be submitted to the Owner within seven (7) days of Award of Contract. B. Format: Contractors standard forms or computer printouts. Identify schedule with: 1. Title of project and location. 2. Owner/Architect and project number. 3. Name and address of Contractor. 4. Contract designation. 5. Date of submission. 6. C. Schedule shall list the installed value of the component parts of the work in sufficient detail to serve as a basis for computing values for progress payments during construction. 1. List separately the costs associated with the materials and labor for each component part of the work. D. Basis: At a minimum, the Table of Contents of this Project Manual shall be used as the format for listing component items. Contractor may include additional listings at their option. 1. Identify each line item with the number and title of the respective major section of the Specifications. E. For each major line item, list subvalues of major products or operations under the item. F. Contractor's overhead and profit shall be listed as a separate line item. G. The sum of all values listed in the schedule shall equal the total Contract Sum. END OF SECTION 31 SECTION 01510 TEMPORARY UTILITIES PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain temporary utility services required for construction. Remove upon completion of work. B. Furnish, install and maintain temporary sanitary facilities for use by construction personnel. Remove upon completion of work. C. Related requirements specified elsewhere: 1. Section 01060, Regulatory Requirements. 2. Section 01530, Barriers and Enclosures. 3. Section 01560, Temporary Controls. 4. Section 01590, Field Offices and Sheds. 5. Section 01710, Cleaning: Trash removal during construction. 1.02 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with the current editions of all applicable building codes. Refer to Section 01060. B. Comply with applicable federal, state and local codes and regulations. C. Comply with applicable utility company requirements. 1.03 UTILITY FEES A. Utility charges and expenses for temporary construction usage for the following shall be paid by the Owner, unless indicated otherwise: 1. Temporary electricity B. Utility charges and expenses for temporary construction usage for the following shall be paid by the Contractor, unless indicated otherwise: 1. Installation or connection charge for temporary electricity, water, natural gas, propane or telephone service. 2. Temporary sanitary facilities. 3. Temporary local and long-distance telephone, including cellular. PART 2 PRODUCTS 2.01 TEMPORARY ELECTRICITY AND LIGHTING 32 A. Contractor may utilize existing 120/240V power service in the existing facility for historic artifacts removal and other work as approved by the City. B. Install circuit and branch wiring with area distribution boxes located so that power and lighting is available throughout the deconstruction area by the use of construction -type power cords. C. Provide adequate artificial lighting for all areas of work when natural light is not adequate for work and for areas accessible to the public. D. Security Lighting: Provide temporary security lighting for temporary, secure materials storage area, as may be required 'by the Owner's or Contractor's Builder's Risk insurance. 2.05 TEMPORARY WATER A. Contractor shall tap existing fire hydrant for deconstruction/demolition water. Contractor shall be responsible for acquiring any necessary permit and installing temporary meter as required by the City of Fort Collins. B. Contractor shall provide and maintain, at his own expense, all temporary construction water service to the site of construction. 2.06 TEMPORARY SANITARY FACILITIES A. Contractor shall provide sanitary facilities for use by construction personnel in compliance with current laws and regulations. 1. Service, clean and maintain facilities and enclosures in accordance with local governing health agencies. B. Toilet facilities within the existing facility shall not be used by deconstruction/demolition personnel during the period of work for this project. PART 3 EXECUTION 3.01 INSTALLATION AND OPERATION A. General: Install and maintain temporary utility services in accordance with requirements of applicable federal, state and local codes and regulations, and applicable utility company requirements. B. Maintain and operate systems to assure continuous service. C. Modify and extend systems as work progress requires and as necessary. 3.02 REMOVAL 33 A. Completely remove temporary materials and equipment when use is no longer required, or upon completion of the work. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore permanent facilities used for temporary deconstruction/demolition services to original or specified condition. END OF SECTION 34 SECTION 00300 BID FORM SECTION 01520 DECONSTRUCTION EQUIPMENT AND AIDS PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish and maintain required construction equipment. B. Furnish, install and maintain required construction aids and remove upon completion of work. C. Related work specified elsewhere: 1. Section 01046, Access to Site. 2. Section 01510, Temporary Utilities. 3. Section 01530, Barriers and Enclosures. 4. Section 01560, Temporary Controls. 5. Section 01590, Field Offices and Sheds. PART 2 PRODUCTS 2.01 MATERIALS A. General: Equipment and deconstruction/demolition aids for temporary deconstruction uses may be new, used or rental equipment, suitable for . the intended purpose, but must not violate requirements of applicable codes and standards. 2.02 CONSTRUCTION EQUIPMENT A. Provide construction equipment as necessary to facilitate execution of the work, including but not limited to: 1. Miscellaneous hand tools. 2. Miscellaneous power tools. 3. Goggles, masks, hardhats and other personal safety equipment. 4. Cranes, forklifts and other material handling equipment. 5. Rolling or vibrating plate compactors. 6. Concrete batching and pumping trucks and equipment. 7. End loaders, scrapers, backhoes and other heavy equipment. 8. Air compressors. 9. Portable electrical generators. 10. Mortar batching equipment. 11. Other equipment as required. 2.03 CONSTRUCTION AIDS A. Provide construction aids and temporary equipment required by personnel to facilitate execution of the work, including but not limited to: 1. Scaffolding, staging, ladders and platforms. 35 2. Stairs, ramps, runways and guardrails. 3. Hoists, platform lifts and chutes. 4. Concrete curing and thermal protection blankets. 5. Drop cloths and other protective materials. 6. Other facilities as required. PART 3 EXECUTION 3.01 PREPARATION A. Consult with Owner, review site conditions and other factors which affect construction procedures and construction aids, including adjacent properties and public facilities which may be affected by execution of the work. B. Comply with applicable requirements specified in Divisions 1 through 16 (if applicable). C. Relocate construction aids as required by progress of construction, by storage or work requirements and to accommodate legitimate requirements of other subcontractors employed at the site. 3.02 REMOVAL A. Completely remove temporary materials, equipment and services: 1. At completion of the project. B. Clean and repair damage caused by installation or by use of temporary facilities. 1. Remove foundations and underground installations for construction aids. 2. Grade areas of site affected by temporary installations to required elevations and slopes and clean the area. C. Restore permanent facilities used for temporary purposes to specified condition. END OF SECTION 36 SECTION 01530 BARRIERS AND ENCLOSURES PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install, and maintain temporary barriers and enclosures. B. Furnish, erect, and maintain temporary site security fencing and gates. C. Furnish, erect and maintain temporary safety barricade fencing. PART 2 PRODUCTS 2.01 TEMPORARY CONSTRUCTION BARRIERS AND ENCLOSURES A. General: Provide and maintain for the duration of deconstruction/dismantle all scaffolds, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of the work, in compliance with applicable safety and other regulations. B. C. Safety Barricade Fencing: Refer to paragraph 2.08 below. 2.02 TEMPORARY SITE FENCING. A. Prior to commencing work, Contractor shall erect and maintain construction fencing to enclose an area for deconstruction/demolition activity, storage and waste removal, as approved by the Owner. 1. Fencing Materials: Panelized, chain -link -fencing with crossed X-type post supports, minimum 6'-0" high. 2. Refer to the approved staging plan for approximate limits of site area to be fenced for construction activities and storage. B. Provide vehicular and pedestrian access gates, with locks, as appropriate for deconstruction/demolition access. 1. Furnish Owner's principal representative with keys to the lock of the primary access gate. C. Do not attach temporary fencing to any existing permanent structures, including buildings, trees, retaining walls, walks or pavements without permission of Owner. D. Promptly remove temporary fencing materials upon completion of sitework, rough grading and asphalt paving and restore area to original condition. Contractor shall repair or replace any existing materials or equipment damaged as a part of this work at no cost to the Owner. 37 Fencing shall remain in place until site is secured and safe. 2. Fencing shall be removed prior to finish grading, installation of underground sprinkler system and landscaping. 2.03 SAFETY BARRICADE FENCING A. Prior to commencing any sitework within any street, alley, public sidewalk or other right-of-way, Contractor shall prepare and submit a traffic lane closure plan to the City of Fort Collins for approval. 1. Plan shall clearly indicate how both vehicular and pedestrian traffic shall be safely accommodated and maintained during deconstruction/.demolition activities. B. Prior to commencing such work, Contractor shall erect and maintain protective safety barricade fencing around the areas of work, as required by an approved safety plan. 1. Approved Materials: Expanded plastic fencing. 2. Color: Orange, or as approved by the governing agency with jurisdiction over this work. Refer to Section 01060. C. Provide adequate room within fenced enclosures for workers and construction activities. D. Maintain all required clearances for vehicular and/or pedestrian circulation within public right-of-ways that will be allowed during the construction period. Consult with the City of Fort Collins for any additional barricading or public safety requirements. E. Promptly remove temporary safety fencing upon completion of work and restore site area to original condition. Contractor shall repair or replace any existing materials or finishes damaged as a part of this work at no cost to the Owner. END OF SECTION SECTION 01540 EROSION AND SEDIMENTATION CONTROL PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain erosion and sedimentation control materials and procedures. Remove upon completion of work. B. Related work specified elsewhere: 1. Section 01060, Regulatory Requirements. 2. Section 01530, Barriers and Enclosures. 3. Section 01714, Construction Waste Management. 4. Section 01715, Waste Removal and Recycling. 5. Section 02200, Earthwork C. Definitions: 1. Erosion is a combination of processes in which materials of the earth's surface are loosened, dissolved or worn away, and transported from one place to another by natural agents. 2. Sedimentation is the addition of soils to water bodies by natural and human - related activities. Sedimentation decreases water quality and accelerates the aging process of lakes, rivers and streams. 1.02 EROSION AND SEDIMENT CONTROL PLAN A. Since the deconstruction/dismantle site identified in this project is less than one (1) acre in surface area a Storm Water Management Plan will not be required. However the Contractor will install and maintain acceptable erosion and sedimentation control measures as approved by the City of Fort Collins. B. The preliminary measure established by the City of Fort Collins is to install rock bags along the sidewalk south of the building that is to be removed. The rock bags shall extend the entire length of the lot and terminate against the south east corner of the Police Annex Garage and the south west corner of the Real Deals Home Decor Building. See site diagram. C. Conditions in the field may warrant erosion control measures in addition to what is specified herein or shown on the diagram. The Contractor shall implement whatever measures are determined necessary, as directed by the City of Fort Collins. 39 D. At all times during deconstruction/dismantle, the Contractor shall be responsible for preventing and controlling onsite erosion including keeping the property sufficiently watered so as to minimize wind blown sediment. The Contractor shall also be responsible for installing and maintaining all erosion control and mitigation facilities. E. No earth -disturbing activity outside the limits designated on the diagram is permitted. 1.03 SITE CLEANING AND EXCESS MATERIAL DISPOSAL A. City of Fort Collins ordinance requirements make it unlawful to discharge or allow the discharge of any pollutant or contaminated water from construction sites. Pollutants include, but are not limited to, discarded building materials, concrete truck washout, chemicals, oil and gas products, litter and sanitary waste. The Contractor shall at all times take whatever measures are necessary to assure the proper containment and disposal of pollutants on the site in accordance with any and all applicable local, state and federal regulations. B. The stormwater volume capacity of detention ponds or other stormwater management infrastructure will be restored and storm sewer inlets, catch basins and/or lines shall be cleaned upon completion of the project, before turning the maintenance over to the Owner. C. When temporary erosion control measures are removed, the Contractor shall be responsible for the clean up and removal of all sediment and debris from all drainage infrastructure and other public facilities. D. The Contractor shall immediately clean up any deconstruction/dismantle materials inadvertently deposited on existing streets, sidewalks or other public rights -of -way, and make sure streets and walkways are cleaned at the end of each working day. E. All retained sediments, particularly those on paved roadway surfaces, shall be removed and disposed of in a manner and location so as not to cause their release into any natural waterways, in accordance with local, state or federal regulations. END OF SECTION .1 SECTION 01560 TEMPORARY CONTROLS PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain temporary facilities required for dust, erosion and pollution control. B. Implement and maintain temporary controls required for noise and construction work hours limitations. C. Related requirements specified elsewhere: 1. Section 01010, Summary of Work: Special site restrictions. 2. Section 01040, Coordination. 3. Section 01046, Access to Site. 4. Section 01510, Temporary Utilities. 5. Section 01530, Barriers and Enclosures: Cold - weather construction enclosures. PART 2 PRODUCTS 2.01 MATERIALS A. General: Materials for temporary controls may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions and must not violate requirements of applicable codes and standards. 2.02 DUST CONTROL A. Furnish and maintain such facilities or procedures as may be necessary to prevent air -borne dust generated by the construction activities of this project from affecting either the Owner's use of this site or neighboring properties. Implementation of such requirements will be at the sole discretion of the Owner or the City of Fort Collins. 1. Partition Sheeting: Translucent or clear polyethylene sheets, 6-mil thickness minimum. 2.03 POLLUTION CONTROL A. Contractor shall take all necessary precautions to prevent spilling or littering of water -polluting substances. Do not allow any foreign materials to be dumped into any portion of the sewer or storm drainage collection system or into any water runoff collection basin. The Contractor shall be responsible for all labor, equipment and materials necessary to remedy any such pollution as deemed appropriate by governing agencies with 41 such jurisdiction. B. No burning of debris or any other air -polluting methods or equipment will be allowed. All motorized equipment shall be adjusted to minimize exhaust pollution. C. To the extent possible, Contractor shall prevent machinery and equipment fumes from being drawn into adjoining building's air intake systems. Equipment shutdowns shall be scheduled as specified in Section 01040. PART 3 EXECUTION 3.01 GENERAL A. Construction Work Hours: Construction activity will be limited to 7:00 a.m. to 4:00 p.m. Monday through Saturday during the deconstruction/dismantle period. Sunday or holiday construction will not be allowed. B. Specific activities that may limit the Contractor's working hours, if applicable, shall be determined at the Pre -Construction Conference. 3.02 NOISE CONTROL A. Construction activities that generate noise in excess of 90 db shall be limited to hours as established at the Pre -Construction Conference. 1. Prohibited after 5:00 p.m. every weekday, unless approval is obtained by Owner. 2. Prohibited on Saturdays, Sundays and holidays, unless approval is obtained by Owner. END OF SECTION 42 SECTION 01560 TEMPORARY CONTROLS PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain temporary facilities required for dust, erosion and pollution control. B. Implement and maintain temporary controls required for noise and construction work hours limitations. D. Related requirements specified elsewhere: 1. Section 01010, Summary of Work: Special site restrictions. 2. Section 01040, Coordination. 3. Section 01046, Access to Site. 4. Section 01510, Temporary Utilities. 5. Section 01530, Barriers and Enclosures: Cold - weather construction enclosures. PART 2 PRODUCTS 2.01 MATERIALS A. General: Materials for temporary controls may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions and must not violate requirements of applicable codes and standards. 2.02 DUST CONTROL A. Furnish and maintain such facilities or procedures as may be necessary to prevent air -borne dust generated by the construction activities of this project from affecting either the Owner's use of this site or neighboring properties. Implementation of such requirements will be at the sole discretion of the Owner or the City of Fort Collins. 1. Partition Sheeting: Translucent or clear polyethylene sheets, 6-mil thickness minimum. 2.03 POLLUTION CONTROL A. Contractor shall take all necessary precautions to prevent spilling or littering of water -polluting substances. Do not allow any foreign materials to be dumped into any portion of the sewer or storm drainage collection system or into any water runoff collection basin. The Contractor shall be responsible for all labor, equipment and materials necessary to remedy any such pollution as deemed appropriate by governing agencies with 43 such jurisdiction. B. No burning of debris or any other air -polluting methods or equipment will be allowed. All motorized equipment shall be adjusted to minimize exhaust pollution. C. To the extent possible, Contractor shall prevent machinery and equipment fumes from being drawn into adjoining building's air intake systems. Equipment shutdowns shall be scheduled as specified in Section 01040. PART 3 EXECUTION 3.01 GENERAL A. Construction Work Hours: Construction activity will be limited to 7:00 a.m. to 4:00 p.m. Monday through . Saturday during the deconstruction/dismantle period. Sunday or holiday construction will not be allowed. B. Specific activities that may limit the Contractor's working hours, if applicable, shall be determined at the Pre -Construction Conference. 3.02 NOISE CONTROL A. Construction activities that generate noise in excess of 90 db shall be limited to hours as established at the Pre -Construction Conference. 1. Prohibited after 5:00 p.m. every weekday, unless approval is obtained by Owner. 2. Prohibited on Saturdays, Sundays and holidays, unless approval is obtained by Owner. END OF SECTION M, SECTION 00300 BID FORM PROJECT:7202 Creamery Deconstruction/Dismantle Place Date 1. In compliance with your Invitation to Bid dated and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint venture, or Sole Proprietor)" authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through Section 00300 Page 1 SECTION 01590 FIELD OFFICES AND SHEDS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain temporary construction offices and secured storage facilities. B. Related work specified elsewhere: 1. Section 01046, Access to Site. 2. Section 01530, Barriers and Enclosures. PART 2 PRODUCTS 2.01 TEMPORARY FIELD OFFICES A. Contractor may provide, at his option, and maintain a secured, weathertight office, no larger than 12' x 16', for use by Contractor, A/E/O subcontracors and consultants. Building shall be the property of the Contractor and shall be promptly removed upon completion of the project. Location for the building shall be as arranged at the Pre -Construction Conference. 1. Structures shall be provided and maintained in good condition, as determined by the Owner's representative. 2. Signage and other advertising allowed on the structures shall be as determined at the Pre -Construction Conference. 3. B. Facilities may include, but not be limited to: 1. Conference table and chairs for minimum six (6) persons. 2. Bottled, chilled water dispenser and cups. 3. Plan rack or other facilities for storage of project record documents. 4. File cabinet or other facilities for storage of shop drawings, samples; color boards, installation instructions, materials data sheets, etc. 5. Adequate heat, air conditioning, ventilation and artificial lighting. 6. Other facilities as deemed appropriate or necessary by the Contractor. C. Facilities to be paid for by the Owner as Division 1 expenses shall be subject to the approval of the Owner. 2.02 STORAGE SHEDS A. Contractor shall provide and maintain secured, weathertight storage 45 1. Structures shall be provided and maintained in good condition, as determined by the Owner's representative. 2. Signage and other advertising allowed on the structure shall be as determined at the Pre -Construction Conference. B. Temporary Site Fencing: Refer to Section 01530. C. Security Lighting: Provide temporary security lighting for temporary, secure materials storage area, as may be required by the Owner's or Contractor's Builder's Risk insurance. Refer to Section 01510, Temporary Utilities. PART 3 EXECUTION 3.01 REMOVAL OF TEMPORARY FACILITIES A. Completely remove temporary facilities when use is no longer required, or upon completion of the work. B. Clean and repair damage caused by temporary installations or use of temporary facilities. END OF SECTION EEO SECTION 01700 CONTRACT CLOSE-OUT PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Comply with requirements stated in Conditions of the Contract and in Specifications for administrative procedures in closing out the work. B. Related requirements specified elsewhere: 1. Conditions of the Contract: Fiscal provisions, legal submittals and additional administrative requirements. 2. Section 01026, Applications for Payment: Requirements for final payment. 3. Section 01050, Field Engineering: Surveying certificate and final completion survey. 4. Section 01310, Construction Schedules. 5. Section 01600, Material and Equipment: Maintenance materials. 6. Section 01710, Cleaning. 7. Section 01720, Project Record Documents. 8. Section 01730, Operating and Maintenance Data. 9. Section 01740, Warranties and Bonds. 10. Respective Sections of Specifications: Testing requirements and closeout submittals required of specific trades or subcontractors. 1.02 SUBSTANTIAL COMPLETION A. Definition of Substantial Completion: Refer to General and Supplementary Conditions of the Contract. B. When Contractor considers that the work is substantially complete, he shall submit.to the Owner: 1. Written notice that the work or designated portion thereof is substantially complete. 2. "Punch list" of items to be completed or corrected, as determined by the Contractor prior to inspection by the Owner. 3. Temporary Certificate of Occupancy, or other evidence of acceptance by the building official or other authority with jurisdiction over the project. C. Within a reasonable time after receipt of such notice, Owner will make an inspection to determine the status of completion. D. Should Owner/Engineer determine that the work is not substantially complete,- 1 . Owner/Engineer will promptly notify the Contractor in writing, giving the reasons therefor. 47 2. Contractor shall remedy the deficiencies in the work and send a second written notice of substantial completion to the Owner. 3. Owner/Engineer will reinspect the work, as appropriate. E. When Owner determines that the work is substantially complete, he will: 1. Prepare a Certificate of Substantial Completion on AIA form G704 or other Owner -provided form, accompanied by Contractor's list of items to be completed or corrected as verified and amended by the Owner. 2. Submit the Certificate to the Owner and Contractor for their written acceptance of the responsibilities assigned to them in the Certificate. 1.03 FINAL INSPECTION A. When Contractor considers the work is complete, he shall submit written certification that: 1. Contract Documents have been reviewed, and that the work has been inspected for compliance with Contract Documents. 2. Work has been completed in accordance with Contract Documents. 3. Corrective or incomplete work has been completed from "punch lists" provided at Substantial Completion. 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Final cleaning has been completed and project is ready for final inspection. 6. Final Certificate of Occupancy has been issued. B. Owner will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Owner consider that the work is incomplete or defective: 1. Owner/Engineer will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to Owner that the work is complete. 3. Owner/Engineer will reinspect the work, as appropriate. D. When the Owner finds that the work is acceptable under the Contract Documents, he shall request the Contractor to prepare and deliver closeout submittals. 1.05 CONTRACTOR'S CLOSE-OUT SUBMITTALS A. Evidence of compliance with requirements of governing authorities: 1. Certificate of Occupancy. 48 2. Certificates of Inspection. B. Final Completion Schedule: Refer to Section 01310. C. Project Record Documents: Refer to Section 01720. D. Warranties and Bonds: Refer to Section 01740. E. Evidence of Payment and Release of Liens: General and Supplementary Conditions. F. Test Results: Written approval from the testing agency for systems or equipment requiring final testing, as specified above. 1.06 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Owner. Statement shall reflect all adjustments to the Contract Sum: 1. The original Contract Sum, including accepted Bid Alternates. 2. Additions and deductions resulting from: _ a. Previous Change Orders. b. Allowances. C. Unit prices. d. Deductions for uncorrected work. e. Deductions for liquidated damages. f. Deductions for reinspection payments. g. Other adjustments. 3. Total Contract Sum, as adjusted. 4. Previous payments. 5. Sum remaining due, including retainage. B. Contractor will prepare a final Change Order reflecting approved adjustments to the Contract Sum which were not previously made by Change Orders. 1.07 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract and Section 01026, Applications for Payment. END OF SECTION 49 SECTION 01710 CLEANING PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Execute cleaning during progress of the work and at completion of the work. B. Furnish, maintain and service trash removal dumpsters and/or roll -offs. C. Furnish, maintain and service recycling containers for construction materials, packaging and waste products. D. Related requirements specified elsewhere: 1. Conditions of the Contract. 2. Respective Sections of Specifications: Cleaning for specific products or work. 1.02 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with applicable codes, ordinances, regulations and anti -pollution laws. B. Disposal of waste materials, debris and rubbish shall be at a commercially -operated recycling center, legal dumpsite or landfill. 1. Contractor shall be responsible for all dump fees and expenses associated with hauling materials to the landfill. PART PRODUCTS 2.01 CLEANING MATERIALS A. Use only those cleaning materials which will not create hazards to health or property.. 2.02 WASTE REMOVAL CONTAINERS A. Furnish and maintain recycling, trash and waste removal dumpsters and/or roll -off dumpsters for the collection of waste materials, debris and rubbish, in quantities sufficient for the Work. 1. Dumpsters shall be provided with tightly fitted covers to prevent debris from being blown out. 2. Roll -offs shall not be required to be covered, but shall be serviced frequently enough to prevent debris from accumulating and being blown out. 3. Individual recycling containers shall be maintained for paper, 50 B. Location of roll -offs and trash dumpsters shall be as arranged at the Pre - Construction Conference. PART 3 EXECUTION 3.01 PROGRESS CLEANING A. Execute periodic cleaning to keep the work, the site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris resulting from construction operations. B. Maintain parking areas, access drives and city streets clean from mud and other debris. C. Remove recycling, waste materials, debris and rubbish from the site periodically and dispose of at legal commercial recycling centers, dump sites or landfills away from the site. 3.02 FINAL CLEANING A. Site cleaning shall include, but not be limited to: 1. Broom clean and wash down all areas of exterior concrete flatwork and asphalt paving impacted by the Work. 2. Prior to final completion, Contractor shall conduct an inspection of the site with Owner to verify that work of the entire project is clean. END OF SECTION 51 SECTION 01714 DECONSTRUCTION WASTE MANAGEMENT PART 1 GENERAL 1.01 REQUIREMENTS A. The (Owner) City of Fort Collins has established that this project shall generate less waste and will recycle or salvage at least 75% by weight of deconstruction/demolition and land clearing waste. The Contractor shall develop and implement a Construction Waste Management (CWM) plan that identifies proposed deconstruction and salvage opportunities, reduces waste and recommends recycling activities, identifies licensed haulers and processors of recycled materials, names materials subject to salvage and identify organizations that accept salvaged materials. The Contractor shall estimate costs for recycling, salvage and reuse on site and train all site workers on the CWM plan process and requirements. B. Administrative and procedural requirements for the following: 1. Recycling non -hazardous demolition and construction waste. 2. Disposing of non -hazardous demolition and construction waste. C. Related requirements specified elsewhere: 1. Section 01715, Waste Removal and Recycling. 2. Section 02070, Selective Demolition. 3. Section 02080, Hazardous Material Removal. 1.02 DEFINITIONS A. Demolition Waste: Building and site improvement materials resulting from demolition or selective demolition operations. B. Disposal: Removal offsite of deconstruction/demolition waste and subsequent sale, recycling, reuse or deposit in landfill. C. Recycle: Recovery of deconstruction/demolition waste and subsequent sale or reuse in another facility. D. Salvage: Recovery of deconstruction/demolition waste and subsequent sale or reuse in another facility. E. Salvage and Reuse: Recovery of deconstruction/demolition waste and subsequent incorporation into new Work. 1.03 SUBMITTALS A. Waste Management Plan: Submit one (1) electronic plan in PDF or Microsoft Word format minimum five (5) days prior to date established for commencement of the work. B. Waste Reduction Progress Reports: Concurrent with each Application for Payment, submit one (1) electronic copy of report, including the following information: . 1. Material category. 2. Total quantity of waste in tons, cubic yards, or other satisfactory and approved standard of measure. 52 3. Total quantity of waste recovered (salvaged, reused or recycled) in tons, cubic yards other satisfactory and approved standard of measure. 4. Total quantity of waste recovered as a percentage of total waste. C. Waste Reduction Calculations: Before request for Substantial Completion, submit one (1) electronic copy of calculated end -of -project rates for salvage, recycling and disposal as a percentage of total waste generated by the work. D. Records of Donations: Indicate receipt and acceptance of salvageable or reusable waste donated to individuals and organizations. Indicate whether organization is tax exempt. E. Recycling and Processing Facility Records: Indicate receipt and acceptance of recyclable waste by recycling and processing facilities licensed to accept them. Include manifests, weight tickets, receipts and invoices. F. Landfill Disposal Records: Indicate receipt and acceptance of waste by landfills facilities licensed to accept them. Include manifests, weight tickets, receipts and invoices. G. Final Report: Contractor shall submit a final report after all waste materials have been removed or reused on site and final cleaning has taken place. The report shall include information from the Waste Reduction Progress Reports and shall result in a total waste recovered (salvaged, reused or recycled) matching the goal established above. (le; 75% waste reduction). H. Submittal for Possible LEED Credit in the Event of New Construction on this Site Spreadsheet, updated monthly, tabulating total waste material, quantities diverted and means by which it is diverted. Individual hauling tickets must be kept by the Contractor and Owner for five (5) years. 1.04 WASTE MANAGEMENT PLAN A. Waste Management Plan: Prior to the start of work, the Contractor shall submit a draft Construction Waste Management (CWM) plan to Owner for review. The CWM plan shall contain the following required information: 1. Name of Contractor's personnel responsible for managing the CWM plan. 2. Analysis of the proposed jobsite waste to be generated, including types and approximate quantities or percentages. Offer options to reduce the waste generated. Offer options to reduce waste that must be disposed of in a hazardous waste facility. 3. Landfill Options: Name of the landfill(s) where trash will be disposed of, the applicable landfill tipping fees, and the projected cost of disposing of all construction waste in the landfill(s). Alternatives to Landfilling: A list of each material proposed to be salvaged, reused or recycled during the course of the Project and the estimated net cost savings or additional costs resulting from separating and recycling, reusing or salvaging (versus landfilling) each material. "Net" means that the following have been subtracted from the cost of separation and recycling: a. Revenue from the sale of recycled or salvaged materials, and b. Landfill tipping fees saved due to diversion of materials from the landfill. The list of these materials shall include, at a minimum, the following materials: 1) Concrete. 2) Asphalt. 3) Wood, including dimensional, unpainted wood, plywood, OSB and particleboard. 4) Ferrous materials. 5) Non-ferrous metals, including copper, brass and aluminum. 53 6) Glass 7) Brick. 8) Concrete masonry units (CMU). 9) Gypsum wallboard products. 10) Glass C. Materials Handling Procedures: Describe the means by which any materials identified above will be protected from contamination and describe the means to be employed in recycling the materials (separation requirements, containers, etc.) D. Transportation: Describe the means of transportation of the recyclable materials, such as whether materials will be site -separated by the Contractor, hauled by the Contractor or specialty recycling firm, or collected by the designated facility. E. Site Disposal: Burial or other disposal of material on site is prohibited. F. Contractor shall submit copies of the CWM plan for review by the Owner. Allow at least (5) days for review. Contractor shall promptly make requested revisions and complete the approved CWM plan. G. Quantity of Draft Plan: Two (2) electronic copies., 1.05 WASTE MANAGEMENT PLAN IMPLEMENTATION A. Distribution: Contractor shall distribute copies of the approved CWM plan to the Superintendent, each Subcontractor, and the Owner. One copy shall be posted at the jobsite at all times. B. Instruction: Contractor shall provide on -site instruction of appropriate separation, handling and recycling, salvage, reuse and return methods to be used by all parties at the appropriate stages of the work. C. Separation Facilities: Contractor shall lay out and label a specific area to facilitate separations of materials for potential recycling, salvage, reuse and return. Recycling and waste bin areas are to be kept neat and clean, and clearly marked in order to avoid contamination of materials. D. Hazardous Wastes: Hazardous wastes shall be separated, stored and disposed of according to local regulations. Refer to Section 02080, Hazardous Material Removal. E. Application for Progress Payments: Contractor shall submit with each Application for Progress Payment a summary of waste generated by the Project. The summary shall contain the following information. 1. Amount (in cubic yards) of material landfilled from the Project, the identity of the landfill, the total amount of tipping fees paid and the total disposal cost. 2. Amount (in cubic yards) of each material recycled, reused on the jobsite, salvaged or returned. Include the transportation cost, the amount of money paid or received for the recycled or salvaged material and the net total cost or savings of recycled or salvaged materials. F. Final Report: Contractor shall submit a final report when all waste material has been removed or reused on site and final cleaning has taken place. The report shall state what percentage by weight of construction, demolition and land clearing waste has been diverted from landfill disposal. . 54 8. BID SCHEDULE Contractor to provide for the de -construction of 7202 Creamery Deconstruction/Dismantle work per these specifications and contract documents. LUMP SUM: $ IN WORDS: Alternates 1. Alternate No. 1 Original Bricks per 100 brick lot $ 2. Alternate No. 2 Imported Fill per cubic yard $ 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (250) of the total Agreement Price. Section 00300 Page 2 G. Salvage may include donation of the material to charitable organizations if acceptable to the Owner. H. Minimum required construction waste diversion rate is 75% by weight of construction, demolition and land clearing debris. 1.06 WASTE MANAGEMENT CONFERENCE A. Conduct conference at project site to comply with requirements in Division 1 Section 'Project Management and Coordination". Meeting shall include contractors affected by the Waste Management Plan. Review methods and procedures related to waste management including, but not limited to, the following: 1. Review and discuss waste management plan including responsibilities of Waste Management Coordinator. 2. Review requirements for documenting quantities of each type of waste and its disposition. 3. Review and finalize procedures for materials separation and verify availability of containers and bins needed to avoid delays. 4. Review procedures for periodic waste collection and transportation to recycling and disposal facilities. 5. Review waste management requirements for each trade. PART 3 EXECUTION 1.01 DECONSTRUCTION/DISMANTLE WASTE MANAGEMENT PLAN IMPLEMENTATION A. General: Contractor shall implement CWM plan as approved by the Owner. Provide handling, containers, storage, signage, transportation and other items as required to implement waste management plan during the entire duration of the Contract. Also refer to Section 01715. B. Waste Management Coordinator: Engage a waste management coordinator to be responsible for implementing, monitoring and reporting status of waste management work plan. C. Training: Train workers, subcontractors and suppliers on proper waste management procedures, as appropriate for the project. 1. Distribute CWM plan to everyone concerned within three (3) days of submittal return. 2. Distribute waste management plan to entities when they first begin work on site. 3. Plan procedures and locations established for salvage, recycling and disposal. D. Site Access and Temporary Controls: Conduct waste management operations to ensure minimum interference with roads, streets, walks, walkways and other adjacent occupied and used facilities. 1. Designate and label specific areas on site necessary for separating materials that are to be salvaged, recycled, reused, donated and sold. 1.02 DISPOSAL OF WASTE A. General: Except for items or materials to be salvaged, recycled or otherwise reused, remove waste materials from site and legally dispose of them as required by Section 01715. END OF SECTION 55 SECTION 01715 WASTE REMOVAL AND RECYCLING PART 1GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, maintain and service trash removal dumpsters and/or roll -offs. B. Furnish, maintain and service recycling containers for deconstructed materials, and/or waste products. C. Related requirements specified elsewhere: 1. Conditions of the Contract. 2. Section 01010, Summary of Work. 3. Section 01710, Cleaning. 4. Section 01714, Deconstruction Waste Management: Project goal for construction waste diversion. 5. Section 02070, Selective Demolition. 6. Section 02080, Hazardous Material Removal. 1.02 DISPOSAL REQUIREMENTS A. Conduct disposal operations to comply with applicable codes, ordinances, regulations and antipollution laws. B. Deconstruction waste management shall be provided in accordance with the approved deconstruction waste management plan specified in Section 01714. C. Disposal of waste materials, debris and rubbish shall be at a commercially -operated recycling center, legal dumpsite or landfill. 1. Contractor shall be responsible for all dump fees and expenses associated with hauling materials to the landfill. PART 2 PRODUCTS 1.01 WASTE REMOVAL CONTAINERS A. Furnish and maintain recycling, trash and waste removal dumpsters and/or roll -off dumpsters for the collection of waste materials, debris and rubbish, in quantities sufficient for the Work. 1. Dumpsters shall be provided with tightly fitted covers to prevent debris from being blown out. 2. Roll -offs shall not be required to be covered, but shall be serviced frequently enough to prevent debris from accumulating and being blown out. B. Location of roll -offs and trash dumpsters shall be as arranged at the Pre -Construction Conference. 56 1.02 RECYCLED MATERIALS CONTAINERS A. General: Refer to Sections 01010 and/or 01714, for specified goal for construction waste diversion. B. Individual recycling containers shall be maintained as required to meet the Contractor's construction waste management plan. General contractor shall be responsible for ensuring proper separation of recycled materials and delivery to acceptable recycling centers. PART 3 EXECUTION 1.01 RECYCLING DECONSTRUCTION AND DISMANTLE WASTE A. Recycling Incentives: Revenues, savings, rebates, tax credits, and other incentives received for recycling waste materials shall accrue to the Owner unless stipulated elsewhere in the specifications. C. Procedures: Separate recyclable waste from other waste materials, trash, and debris. Separate recyclable waste by type at Project site to the maximum extent practical. 1. Provide appropriately marked containers or bins for controlling recyclable waste until they are removed from Project site. Include list of acceptable and unacceptable materials at each container and bin. 2. Inspect containers and bins for contamination and remove contaminated materials if found. 3. Remove recyclable waste off of Owner's property and transport to recycling receiver or processor. 1.02 DISPOSAL OF WASTE AND RECYCLED MATERIALS A. Execute periodic cleaning to keep the work, the site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris resulting from deconstruction operations, as specified in Section 01710. B. Maintain parking areas, access drives and city streets clean from mud and other debris. C. Remove recycling, waste materials, debris and rubbish from the site periodically and dispose of at legal commercial recycling centers, dump sites or landfills away from the site. END OF SECTION 57 SECTION 02070 BUILDING DECONSTRUCTION/DISMANTLE PART 1 GENERAL 1.01 WORK INCLUDED A. Furnish equipment and labor to deconstruction/dismantle and remove materials, equipment, fixtures, accessories and systems, including related utilities, to the building hatched and labeled as Poudre Creamery on the diagram provided at Block 32 City of Fort Collins; 222 Laporte Avenue, Fort Collins, Colorado. 80522. Demolition includes but is not limited to: 1. Deconstruction/dismantle of entire building at 222 Laporte Avenue as illustrated on the diagram also know as: the old "Poudre Valley Creamery." All other buildings on City Block 32 will remain. 2. Deconstruction/dismantle of all existing bulk structure, plumbing, mechanical, and/or electrical, roofing systems. Work with all Utility entities to shut off, cap or terminate utility lines, and/or abandon in place as so directed by Authorities Having Jurisdiction. Coordinate and pay for disconnecting, removing and capping any utility services encountered within areas of demolition. Notify the affected utility companies in advance and obtain approval prior to starting this work. Flag locations of disconnected services. Identify service lines and capping locations on Project Record Documents. 3. Deconstruction/dismantle of existing site improvements, such as: complete building structure, trees, bushes, fencing, concrete flatwork, pavements and landscaping as directed by Operations Services Project Manager. Repair and/or replace any concrete and pavement drives that are damaged by demolition work but are scheduled to remain after the work is completed. 4. Historical Artifacts - Before deconstruction/dismantle operations begin, carefully remove accordance with a list attached to this document in Appendix A and deliver these items to a location designated by the Owner. 5. To the greatest extent possible, protect all materials or equipment to be relocated and/or salvaged by the Owner. To the greatest extent, protect all buildings and hard surface structures to remain on Block 32. 6. Hazardous Materials: Hazardous materials required to be removed prior to demolition have been removed. Any trace ACM remaining is non -friable and can be removed from the site in the general waste stream. Please see Walsh Environmental Scientist report as attached. However, the contractor is not relieved of any responsibility for worker and/or public safety protection relative to this work. The building contains lead paint that has not been removed. Related work specified elsewhere: a. Section 01030, Alternates. b. Section 01045, Cutting and Patching. c. Section 01046, Access to Site. d. Section 01060, Regulatory Requirements. e. Section 01520, Construction Equipment and Aids. f. Section 01560, Temporary Controls. g. Section 01710, Cleaning. h. Section 01714, Construction Waste Management. I. Section 01715, Waste Removal and Recycling. J. Section 02075, Selective Site Demolition. K. Section 02080, Hazardous Material Removal: Known hazardous materials and abatement. m 1.02 REGULATORY REQUIREMENTS A. Contractor shall contact local building and fire authorities to become. familiar with local laws and regulations governing work of this nature. B. Contractor shall obtain and pay fees for all Federal, State, and local permits. 1.03 COORDINATION AND PROTECTION A. Contractor shall take all necessary care in deconstruction/dismantle and/or any reconstruction. on this project so as not to damage or destroy any buildings and features to remain on the Site. B. Provide, erect and maintain barricades, lighting and guardrails as required by applicable regulatory requirements to protect construction workers and occupants of adjoining properties. C. Provide a safe -zone perimeter, including signs, fencing, and periodic patrol to protect both vehicular and pedestrian traffic circa the project. D. Establish a traffic plan and haul routes in conjunction with (AHJ's) Authorities Having Jurisdiction E. Working Hours. See Section 01560 Temporary Controls F. Noise pollution. See Section 01560 Temporary Controls 1.04 ACCESS TO BUILDING AND SITE A. Refer to Section 01046, Access to Site, for required access to the existing building and site during this work. B. Plan, schedule and conduct selective demolition work in a manner that will minimize the disruption of local merchants business activities and the City's normal administration operations in adjoining buildings. This must be approved by the City of Fort Collins project representative (Project Manager). PART 2 PRODUCTS 2.01 DEMOLITION A. General: Furnish labor, equipment and materials as required to complete demolition as described in this document. 2.02 SALVAGED MATERIALS A. General: Materials, fixtures and equipment to be removed from the deconstruction/dismantle work may be salvaged by the Owner for reuse, or may be salvaged by the contractor as indicated below. Exact disposition of these materials will be determined at the Pre -Construction Conference.- B. The Contractor shall salvage and deliver these items to a location as directed by the Owner: 59 1. All designated Historical Artifacts as described in Appendix A. 2. One exterior electrical panel. 3. One 100,000 BTU Electric wall hung space heater. 4. Bricks - number to be determined at pre -demolition meeting. These items shall remain the property of the City of Fort Collins. C. Contractor may salvage remaining material and equipment with no limitation, including, metals such as copper, steel, aluminum; electrical and mechanical equipment, fixtures, appliances, concrete, lumber, roofing materials, excess masonry and masonry byproducts, glass, carpet, casework, etc. All Materials salvaged by the contractor shall be completely removed from the site and disposed of per Section 01714 and in an appropriate manner by the effective contract date of completion. PART 3 EXECUTION 3.01 PREPARATION A. General: Coordinate and execute deconstruction/dismantle work in an orderly, neat and timely manner. The City shall fully occupy all other existing facilities excluding parking areas, drives and/or grounds within the staging area during on the block during this work. Refer to Section 01046, Access to Site, for specific requirements. B. Ensure that all utilities and services to remain in use on this block have been adequately marked and protected and will be maintained during the course of this work.. C. Ensure that structures have been adequately supported and braced during removal of any structural system or component. Consult with the City of Fort Collins as needed before commencing work. D. Provide adequate dust protection to prevent transmission of particulates from entering air handling equipment in adjoining buildings. The use of water may be required to keep air born particulates from leaving the specific site area. Cover and protect equipment and fixtures that cannot be removed from the general area of demolition work. E. Ensure that hazardous material abatement, if applicable, has been completed in accordance with State and local requirements. 3.02 DECONSTRUCTION/DISMANTLE A. Perform selective deconstruction/dismantle work in a systematic, orderly and careful manner. 1. Deconstruction/dismantle concrete and masonry in manageable sections. If necessary, cut concrete and masonry using power driven masonry saw or hand toots. Minimize the use of power -driven impact tools. Use heavy equipment as necessary. 2. To prevent premature collapse, avoid imposing excessive loads on supporting walls, floors or framing during the demolition process. 3. Construct chutes as necessary to conduct debris safely to grade disposal areas. B. General Contractor shall be responsible for removing and separating all materials for disposal, recycle, and reuse. 3.03 DISPOSAL OF DECONSTRUCTION/DISMANTLE MATERIALS A. Promptly remove debris, rubbish and other materials resulting from operations from the building site. Use trash receptacles with tightly fitted covers as specified in Section 01715. Do not allow debris to be blown onto adjacent properties. B. Deliver materials to be salvaged by the City to a location as directed by the Owner. C. Deliver materials to be salvaged for reuse in the new work to a secure and weather - protected location until ready for refurbishing and reinstallation. D. Keep general construction site area reasonably clean, to the satisfaction of the Owner's principal representative. E. Transport and recycle/dispose of materials offsite in a legal manner. F. Burning of removed materials is not permitted on the project site. G. Recycling of Construction Waste: Contractor shall endeavor to recycle as much construction debris and waste materials as practicable, with a recycling goal as specified in Section 01715, Waste Removal and Recycling. END OF SECTION 61 SECTION 02080 HAZARDOUS MATERIAL REMOVAL PART 1 GENERAL 1.01 WORK INCLUDED A. Procedures regarding removal and disposal of existing asbestos, lead -based paint, polychlorinated biphenyl (PCB) and other hazardous or toxic substances. B. Related work specified elsewhere: 1. Section 01010, Summary of Work: Work by others. 2. Section 01060, Regulatory Requirements: Safety of life, health and public welfare. 3. Section 01714, Construction Waste Management. 4. Section 02070, Selective Demolition. 5. Section 07536, Thermoplastic Sheet Roofing — Fully Adhered: Tear -off of existing roofing and flashings. 1,02 REFERENCES A. General and Supplementary Conditions of the Contract for Construction. 1.03 PROJECT CONDITIONS A. Asbestos, lead -based paint, PCB or other hazardous or toxic substances have been discovered and tested for in the following project locations. 1. See Walsh Environmental Report dated, attached. Appendix 2. Known hazardous or toxic materials have been removed from the building by the City by separate contract. B. Procedures for discovery of hazardous or toxic substances not already known: In the event the Contractor encounters material reasonably believed to be hazardous or toxic: 1. Stop work immediately in the affected area. 2. Report the condition to the City's principal representative and Architect in writing. 3. Resume work only under the provisions of the General Conditions and related supplements. C. Lead paint has been found in a number of painted surfaces at the building, particularly exterior white painted siding. Dispose of these materials appropriately. PART 2 PRODUCTS Not used. PART 3 EXECUTION 3.01 ABATEMENT A. Abatement or removal of hazardous materials, if any, shall be performed by the City under separate contract. END OF SECTION 62 SECTION 02200 EARTHWORK PART 1 — GENERAL 1.01 RELATED DOCUMENTS: A. The General Contract Conditions, and Division — Specification Sections apply to Work of this section. 1.02 SUMMARY: A. Work Included: Provide excavation, regarding, filling, backfilling, compaction, hauling, and legal off -site disposal of spoil materials to meet the required lines and grade as specified to complete the work. B. Related Work: 1. Erosion and Sedimentation Control — Section 01565 2. Selective Building Deconstruction/dismantle — Section 02070 3. Excavating and Backfilling of Trenches — Section 02221. 1.03 DEFINITIONS: A. Excavation consists of removal of material encountered to subgrade or over - excavation and subsequent disposal or placement of materials removed. B. All excavation will be considered unclassified regardless of the nature of material encountered. C. Unauthorized excavation consists of inadvertent or purposely removing materials beyond indicated subgrade elevations or dimensions without specific direction of the Project Manager. Unauthorized excavation, as well as remedial work resulting from unauthorized excavation shall be at Contractor's expense.] D. Removal of unsuitable material and its replacement as directed will be paid on basis of Conditions of the Contract relative to changes in work. E. Subgrade: The undisturbed earth or the compacted soil layer immediately below proposed pavement topping materials. F. Structure: Walls, foundations, slabs, pavement or other manmade stationary features occurring above or below ground surface. G. Structural Fill: The term "structural fill", as used herein, includes soil materials used for general site filling under pavements or structures. H. Unclassified Excavation: The term "unclassified excavation", as used herein, includes the 63 excavation of all materials required for the work obtained within construction limits of project, including bedrock, surface boulders, wasted sections of concrete, asphalt or other debris. 1.04 QUALITY ASSURANCE: A. Codes and Standards: Comply with all applicable local, state and Federal rules, regulations and ordinances concerning sloping of excavation, trenching and safety of workers, including the latest version of OSHA requirement. B. Testing Agency: All testing required to determine compliance for the work of this section will be done by the City's testing agency and as specified in Section 01400. Correct deficiencies before placing additional embankment. 1.05 PROJECT CONDITIONS: A. Existing Utilities: The Contractor shall contact all public utility companies and determine the location of all existing underground utilities prior to proceeding with deconstruction work. All work performed in the area of public utilities shall be performed according to the requirements of these agencies. The Contractor shall be responsible for locating any existing utility (including depth) which may conflict with the proposed deconstruction. The Contractor shall contact Utility Notification Center of Colorado (800) 922-1987 and other local utilities for existing utility locations. The Contractor shall protect, at his own expense, all existing utilities and be responsible for their repair if they are damaged during deconstruction/dismantle. B. Use of Explosives: Use of explosives is not permitted. C. Protection of Persons and Property: Barricade open excavations occurring as part of this work and post with warning lights.- 1. Operate warning lights as recommended by authorities having jurisdiction. 2. Protect structures, utilities, walkways, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. D. Environmental Requirements: Blasting is not permitted. Employ jack hammering and other loud noises and methods sparingly; comply with all applicable noise abatement ordinances or regulations. Onsite burning is not allowed. E. Existing Benchmarks: Carefully preserve and maintain existing benchmarks, vertical/horizontal control, monuments, property line pipes and pins, and other reference points. If disturbed or destroyed, restore or replace at no additional cost to the City. PART 2 PRODUCTS RESPECTFULLY SUBMITTED: CONTRACTOR Signature Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone Email Date Section 00300 Page 3 2.1 SOIL MATERIALS A. General: All fill material, regardless of intended use category, must be clean and free from organic matter, roots, brush or other vegetation, trash, debris or other detrimental substances, and rocks or unbroken lumps larger than 3 inches. Project Manager to approve material prior to placement. B. Structural Fill: Existing soils obtained from on -site excavations, including granular or aggregate base course from removed pavements shall be free of organic matter or any other deleterious substances. If sufficient materials meeting the above requirements are not available from on -site sources, provide additional material obtained from off -site sources and approved by the City. PART 3 — EXECUTION 3.01 EXAMINATION: A. Verification of Conditions: Examine areas and conditions under which the work of this Section will be performed. Do not proceed with the work until unsatisfactory conditions have been corrected. 3.02 GENERAL PROCEDURES: A. Existing Utilities: Locate existing underground utilities in areas of the work. If utilities are to remain in -place, provide protection during earthwork operations. Should uncharted or incorrectly charted piping or other utilities be encountered during excavation, consult Project Manager immediately for direction. Cooperate with utility companies in keeping respective permanent and temporary utility services and facilities in operation. Repair damaged utilities to the satisfaction of the appropriate utility company. B. Protect of Persons and Property: Provide all necessary measures to protect workmen and passersby. Barricade open excavations occurring as part of the work, as required by municipal or other authorities having jurisdiction. C. Erosion Control shall be maintained during all phases of site excavation and site development and maintained throughout the deconstruction/demolition period in order to protect adjacent properties, streets, and storm sewers from erosion and sediment runoff during the deconstruction/demolition process. Do not commence excavation and grading work until erosion control measures are in place. Contractor shall be responsible for maintaining erosion control measures throughout construction. Frequent monitoring, cleaning and other work required for proper operation shall be Contractor's responsibility. Contractor shall modify/replace all erosion control measures to fit field conditions after continual monitoring by Project Manager. - 3.03 GROUND SURFACE PREPARATION: A. Complete clearing and grubbing operations in accordance with Section 02110. Where new material is to be placed on compacted subgrade, scarify ground surface until surface is free from ruts, hummocks or other uneven features, which would prevent uniform compaction and bond between old and new material. 65 B. Prior to placing asphalt or concrete pavement, the entire subgrade shall be scarified to a depth of 8 inches. Adjust moisture content and compact as hereinafter specified. 3.04 STRIPPING AND STOCKPILING TOPSOIL: A. Strip all topsoil from the excavation zone for new facilities (4" depth for all disturbed areas). Stockpile topsoil in locations indicated on the Drawings or as directed by the Project Manager. 3.05 EXCAVATION: A. All excavation shall be considered unclassified, including excavation to subgrade or trench elevations as indicated, regardless of character of materials and obstructions encountered. B. Stability of excavations: Comply with local codes, ordinances, and requirements of agencies having jurisdiction to include the latest revision to OSHA standards. C. Excavation for Pavements: Cut surface under pavements to comply with crosssections, elevations and grades as indicated within a tolerance of plus or minus 0.1 foot. 3.06 DEWATERING: A. Wherever possible, prevent surface water and subsurface or groundwater from flowing into excavations and from flooding the project site and surrounding area. B. Contractor shall be required to dewater excavated areas by pumping, or otherwise control the water so that the project can be maintained in accordance with these specifications. Any controlling of the water must be performed in such a manner that adjacent properties are not damaged. Repairs shall be at the Contractor's expense. C. Damage to adjacent property that results from the Contractor's alteration of any surface drainage, ground water flows or pumped water shall be repaired by the Contractor at no additional cost to the City. 3.07 SPECIAL CONDITIONS A. Dust Control: Provide dust control to alleviate dust nuisance to the public, to adjacent properties and other work underway at the project site. B. Unanticipated Conditions: Notify the Project Manager immediately upon finding subsurface or other conditions which cannot be reasonably BE ASSUMED assumed. Secure Project Manager's instructions before proceeding with further work in such areas. C. Unsatisfactory Soils: Remove or otherwise correct unsanitary, sour, or otherwise unsatisfactory soil. Remove contaminated or unsuitable material from under paved areas. 3.08 FILL AND BACKFILL A. General: Place soil material in layers to required subgrade elevations, for each area classification listed below, using materials specified in this Section. 1. Under grassed areas, use satisfactory excavated or borrow material. 2. Under walks and pavements, use satisfactory excavated or borrow materials, or.a combination to meet structural fill requirements. B. Backfill excavations as promptly as work permits, but not until completion of the following: 1. Inspection, testing, approval, and recording locations of underground utilities have been performed and recorded. 2. Removal of all trash and debris from excavation. 3.09 PLACEMENT AND COMPACTION: A. Ground Surface Preparation: Remove vegetation, debris, unsatisfactory soil materials_ around surface prior to placement of fills. B. Place backfill and fill materials in layers not more than 18 inches in loose depth for material compacted by heavy compaction equipment. C. Before compaction, moisten or aerate each layer as necessary to provide optimum moisture content. Compact each layer to required percentage of maximum dry density or relative dry density for each area classification. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. D. Under landscape areas (top 12"): 85 percent of maximum standard Proctor dry density at moisture content within 2 percent of optimum (ASTM D 698). 3.10 GRADING: A. General: Uniformly grade areas within project limits of grading under this section, including adjacent transition areas. Smooth finished surface within tolerances specified by the City Project representative. Under no circumstances shall variations from specified grade elevations create any ponding or retention of water on intermediate pavement levels, or finished surfaces. 67 Appendix A 1. One (1) Swinging Bumper door leading to dock area 2. Four (4) Wheeled Hand Carts (to be identified during pre -bid) 3. One (1) Wooden Dolley 4.) One (1) Green Chalk Board in vehicle shop area 5.) Eight (8) Large Freezer Doors w/hardware (insulated; tin skinned) 6.) Four (4) Small Freezer Doors 7.) Twenty thousand (20,000) original Red Brick (cleaned) 8.) Completed Brick Front entrance Faqade including bricks, door, window frames, glass 9.) All miscellaneous exterior brick wall ties 10.) Complete Elevator - including but not limited to, car, gates, cables, pulleys, counter weights, head beam, motor, etc. (everything needed to make the elevator functional again). 11.) Exterior Door and Transom assemble on north side 2nd story m N. MASON STREET CITY OFFICE BUILDING �) �' � v-i-_lIq]• ♦{'ryt{ r.:,�( U4t'I� C`-u 1 I {r � � � 1� 1 1 YO� '�..1� 7. Ep l 1 2 ALLEY Y k rr `71 �, L` REAL DEALS NODE DECOR IABRA%IS ART GLASSI j .... k . ALLEY \ \ ` rCOURTYARD `ASPHALT I PARKING LOT\ R lF.lj w \ PWDRE CRFAUE\\ � � s 12 \ \\ \\ LLL GARAGE +' ._,.._ �COURTYARD � a I f P00DREFEEDS �rJl�i Ifs..... ......... fPI�....... ......_. l.. ......_ .�_....._ .......". ............... _!�/' . -. . ................. ...._ . ......... ........_..._. __. _...._._.. .......... .._.. __.. N. HMES STREET Cityl Collins BLOCK 32 PARTIAL SKETCH FORT COLLINS, COLORADO JANUARY 2011 N G SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-3 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 00970 Construction Specification Instruction Forms 00970-1 - 00970-5 SPECIFICATIONS SECTION 00410 BID BOND KNOW ALL MEN as Principal, and the undersigned _ as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. BY THESE PRESENTS: that we, THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 7202 Creamery Deconstruction/Dismantle. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. Section 00410 Page 1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20 , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Address: By: Title: ATTEST: By: (SEAL) By: Title: SURETY (SEAL) Section 00410 Page 2 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: 2. Permanent main office address: 3. When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion) 7. General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? If so, where and why? 9. Have your ever defaulted on a contract? If so, where and why? 10 Are you debarred by any government agency? If yes list agency name. Section 00420 Page 1 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction: 12. List your major equipment available for this contract: 13. Experience in construction work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ 16. Bank reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? _ What class, license and numbers? 19 Do you anticipate subcontracting Work under this Contract? If yes, what percent of total contract? and to whom? 20. Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL Section 00420 Page 2 21. What are the limits of your public liability? (provide detail) What company? 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at this day of Name of Bidder By: Title: State of County of , 20 being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 150 of the contract. ITEM SUBCONTRACTOR Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: TO: PROJECT: 7202 Creamery Deconstruction/Dismantle OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated 1 20 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7202 Creamery Deconstruction/Dismantle. The Price of your Agreement is Dollars ($ ) Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by , 20 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. By: City of Fort Collins OWNER James B. O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of 7202 Creamery Deconstruction/Dismantle and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by The City PMPD, who is hereinafter called ENGINEER responsibilities and will have the rights in the Contract Documents in connection accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES of Fort Collins Operation Services and who will assume all duties and and authority assigned to ENGINEER with completion of the Work in 3.1 The Work shall be Substantially Complete within Seventy Five (75) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within Eighty Five (85) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. Section 00520 Page 1 1) Substantial Completion: Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that, expires after the Seventy Five (75) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Two Hundred Dollars ($200.00) for each calendar day or fraction thereof that expires after the Ten(10) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ ), $ 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 50o completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. Section 00520 Page 2 SECTION 00020 INVITATION TO BID 3.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase. total payments to CONTRACTOR to 93% 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 Conditions. Section 00520 Page 3 6.5. 'CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included.in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4Consent of Surety 7.2.3 Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: NA The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers to , inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS Section 00520 Page 4 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. Section 00520 Page 5 OWNER: CITY OF FORT COLLINS CONTRACTOR: By: JAMES B. O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date: Attest: City Clerk By: Title: Date: (CORPORATE SEAL) Attest: Address for giving notices: Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 LICENSE NO.: Approved as to Form Assistant City Attorney Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: 7202 Creamery Deconstruction/Dismantle To: This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be 20 and 20 , respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR By: Title: Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", City of Fort Collins, 300 Laporte Ave, (Municipal Corporation) hereinafter referred sum of of the United States, for the we bind ourselves, successors these presents. are held and firmly bound unto Fort Collins, Colorado 80522 a to as the "OWNER", in the penal in lawful money payment of which sum well and truly to be made, and assigns, jointly and severally, firmly by THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal into a certain Agreement with the OWNER, dated the day of 20 , a copy of which is hereto attached and made a part hereof performance of The City of Fort Collins project, 7202 entered for the Creamery Deconstruction/Dismantle. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of 20 IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) Principal (Title) (Address) Other Partners By: By: Surety By: By: (Address) NOTE: DATE OF BOND MUST NOT BE PRIOR TO THE DATE OF THE AGREEMENT. If CONTRACTOR is Partnership, all partners should execute Bond. Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7202 Creamery Deconstruction/Dismantle. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _ day of 20 IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) Principal By: (Title) (Address) Other Partners Surety By: By: (Address) NOTE: DATE OF BOND MUST NOT BE PRIOR TO THE DATE OF THE AGREEMENT. If CONTRACTOR is Partnership, all partners should execute Bond. Section 00615 Page 2 SECTION 00020 INVITATION TO BID Date: January 20, 2011 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:30 P.M., our clock, on February 4, 2011, for the Creamery Deconstruction/Dismantle; BID NO. 7202. 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. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the de -construction and dismantle of 7202 Creamery Deconstruction/Dismantle work, located at 222 LaPorte Avenue, Ft Collins, Colorado, per these specifications, and contract documents. Asbestos abatement was completed in 2010. 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. A prebid conference and job walk with representatives of prospective Bidders will be held at 2:00 p.m., on January 25, at the site, 222 LaPorte Avenue, Ft Collins, Colorado. 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: • City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.is: 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. The OWNER reserves the right to reject any and all Bids, and to waive any SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7202 Creamery Deconstruction/Dismantle. PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the substantially complete and will assume full possession of th specified area of the project at 12:01 a.m., on responsibility for heat, utilities, security, and insurance under Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: project as project or The the Contract AUTHORIZED REPRESENTATIVE Section 00635 Page 1 DATE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 20 You are hereby notified that on the _ day of , 20 , the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 7202 Creamery Deconstruction/Dismantle. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated 20 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 20 Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: PROJECT: 7202 Creamery Deconstruction/Dismantle. (CONTRACTOR) 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the Section 00650 Page 1 OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of 20 CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal. My Commission Expires: Notary Public Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 7202 Creamery Deconstruction/Dismantle. CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. 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) ON n0 NOT WRITF IN THIS SPACF 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. Regisbadon/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - �CONTRACTORINFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employers Identification Number: Bid amount for your contract: $ Fax Number ( ) Business telephone number: Colorado withholding tax account number. ^' Coples of contractror'agreement pages,(1) Identifying ihdxontracting,partles, EXEMPTCON 'INFORMATLON and (2),contatmng`signatures;of contradting parties mustbe attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, 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 lies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: a .yd �4 t , r e.V. zt r =1 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 Section 00670 Page 1 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted.thereafter should contain 89-12345 on the application. The 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 00670 Page 2 SECTION 00700 GENERAL CONDITIONS informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By James B. O'Neill, II, CPPO, FNIGP Director of Risk Management & Purchasing GENERAL CONDITIONS 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. 191M (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9M) Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number &Title DEFINITIONS......................................................I Ll Addenda.............................................1 1.2 Agreement, ......................................... J 1.3 Application for Payment,,,,,,,,,,,,,,,,,,,,,, 1 1.4 Asbestos... ....... ............... 1.5 Bid.....................................................I 1.6 Bidding Documents .............................. 1.7 Bidding Requirements ..........................1 1.8 Bonds.................................................1 1.9 Change Order......................................I 1.10 Contract Documents., ........ ....... .......... 1. 1.11 Contract Pricq.................................... 1 1.12 Contract Times... 1.13 CONTRACTOR1 1.14 defective .............................................1 1.15 Drawings ... .......................................... 1 1.16 Effective Date of the Agreement.,.,,_,_,. I L 17 ENGINEER ........................................ I 1.18 ENGINEERS Consultant 1 1.19 Field Order .......................................... I 1.20 General Requirements ..........................� 1.21 Hazardous Waste ................................. 2 122.a Laws and Regulations; Laws or Regulations ...................................... 2 122.b Legal Holidays ........................ 9 1.23 Liens................................................:2 1.24 Milestone...........................................2 1.25 Notice of Award 2 126 Notice to Proceed ................................. 2 1.27 OWNER 1.28 .............................................2 Partial Utilization,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;2 129 PCBs ' 1.30 Petroleum.......- ..............................? 1.31 Project 1.32.a ..................-............................2 Radioactive Material ............................s 1.32.b Regular Working Hours,,,,,,,,,,,,,,,,,,,,,,, 2 1.33 Resident Project Representative............ 1.34 Samples .................................. 1.35 Shop Drawings --- ..---- ......................... ) 1.36 Specifications ............................ 1.37 Subcontractor.....................................:2 L38 Substantial Completion........................2 1.39 Supplementary Conditions,,,,,,,,,,,,,,,,,, 2 1.40 Supplier ...................... .......................... 1.41 Underground Facilities, .................... 23 1.42 Unit Price Work..................................3 1.43 Work.................................................:3 1.44 Work Change Directive ....................... 3 1.45 Written Amendment ...........................3 Page Number PRELIMINARY MATTERS................................3 2.1 Delivery of Bonds ......................... _ ,3 2.2 Copies of Documents ........................ 2:3 Commencement of Contract Times; Notice to Proceed :............. 3 2.4 Starting the Work ........................... 3 2.5-2.7 Before Starting Construction; CONTRACTORS Responsibility to Report; Preliminary Scheddcs; Delivery of Certificates of Insurance.......... _-.......-_........... 3-4 2.8 Preconstruclioit Cmferenc4............. 4 2.9 Initially Acceptable Schedules,,,,..__ 3. CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE .......................................... 3.1.3.2 Intent ............. _............ _.-..............4 3.3 Reference to Standards and Speci- fications of Technical Societies: Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives .................... .............. ... 5 3.5 Amending Contract Docuncnts.........5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Documenu,,,,,,,,,,,,,,,,,,,,,,,,,5 AVAILABILITY OF LANDS; SUBSURFACE. AND PHYSICAL CONDITIONS: REFERENCE POINTS.........................................5 4.1 Availability of Lands.....................5.6 4.2 Subsurface and Physical Conditions................................6 4.2.1 Reports and Drawings......................0 4.2.2 Limited Reliance by CONT RAC - TOR Authorized: Technical Data............................................ 6 4.2.3 Notice of Differing Subsurface or Physical Conditions,,,,,,,,,,,,,,,,,, fi 4.2.4 ENGiNEERsReview 6 4.2.5 Possible Contract Documents Change.........................................6 4.2.6 Possible Price and Times Adjustments...............................4-7 4.3 Physical Condtions--Underground Facilities ....................................... 7 .4.3.1 Shown or Indicated 7 4.3.2 Not Shown or Indicated...................7 4.4 Reference Points ................................ 7 E1CDC GENEM CONDITIONS 1910-8 (1990 EDInGM w/CITY OF FORT.COLUN'S MODIFICATIONS (REV 9/99) Article or Paragraph Number Sc Title Page Article or Paragraph Page Number Number &Title Number 4.5 Asbestos PCBs, Petroleum, Hazardous Waste or Radioactive Material....................7.8 BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bonds.............................................. 8 53 Licensed Sureties and Insurers; Certificates of Insurance .................... 8 5.4 CONTR4CTOR's Liability Insurance......................................... 9 5.5 OWNER's Liability Insurance .............. 9 5.6 Property Insurance .................. ........ 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance_ ....... ...... _-10 5.8 Notice of Cancellation Protision......... 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts .................... 10 5.10 Other Special Insurance,,,,,,,,,,,,,,,,,,,,, 10 5.11 Waiver of Rights ......................... ......11 5.12-5.13 Receipt and Application of Insurance Proceeds ..................... 10-11 5.14 Acceptance of Bonds and Insr- ance;:Option to Replace, ................ :J 1 5.15 Partial Utilization --Property Insurance ........:....:..... ..................... 11 CONTRACTOR'S RESPONSIBILITIES ...............1 I 6.1-6.2 Supervision and Superintendence ....... 11 63.6.5 Labor, Materials and Equipment_.- 11-12 6.6 Progress Schedule..............................12 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation ... 12-13 6.8.6.I I Concerning Subcontractors. Suppliers. and Others; Waiver of Rights. ........................ 13-14 6.12 Patent Fees and Royalties...................14 6.13 Permits ....................................... ......14 6.14 Laws and Regulations ........................ J4 6.15 Taxes ............... ............................ 14-I5 6.16 Use of Premises ................................. 15 6.17 Site Cleanliness,„ ............................ 15 6.18 Safe Structural Loading ,,,,,,,,,,,,,,,,,,,,,15 6.19 Record Documents .............................15 6.20 Safety and Protection,,,,,,,,,,,,,,„_., 15-16 621 Safety Representative...... b........... ... *...16 6.22 Hazard Communication Programs.,.,.. 16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Sam ples..............16 6.25 Submittal Procedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal .................................... 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER, ..... 16-17 627 Responsibility for Variations From Contract Documents ........... 17 6.28 Related Work Performed Prior to ENG[NEER's Review and Approval of Required Submittals...................................17 6.29 Continuing the Work ,,,,,,,,,,,,,,,,,,,,,17- 6.30 CONTRACTOR's General Warranty and Guarantee..............17 6.31.6.33 Indemnification _17-18 6,34 Survival of Obligations ...................18 OTHER WORK.................................................18 7.1-7.3 Related Work at Site......................IS 7.4 Coordination ........................ ......... is OWNER'S RESPONSIBILITIES ......................... I S 8.1 Communications to CON- TRACTOR ................................. 18 8.2 Replacement of 8.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easements; Reports and Tests..........................----18-19 8: 5 Insurance ....................................... 19 8.6 Change Orders, ............................... 19 8.7 Inspections, Tests and Approvals ............. .. ....................19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services ...................................... 19 8.9 Limitations on OWNER'S Responsibilities ........ *..................19 8.10 Asbestos, PCBs, Peroleunt, Hazardous Waste or Radioactive Material, .............. ..... 19 8.11 Evidence of Financel Arr angem en is ............................19 ENGINEERS STATUS DURING CONSTRUCTION.............................................19 9.1 OWNER's Representativq..............19 9.2 Visits to Site .................................. 19 9.3 Project Representative...............19-21 9.4 Clarifications and Interpre- tations.........................................21 9.5 Authorized Variations in tiWk... ..... 21 EtCDC oENEILA . CONDMONS 1910-9 (1990 EDMON) w! CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Page Article or Paragraph Number & Title Number Number & Title 96 Rejecting Defective Work...................21 9.7-9.9 Shop Drawings, Change Orders and Payments ................. :.................. 21 9.10 Determinations for Unit Prices....., 21.22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpretec..............22 9.13 Limitations on ENGINEER's Authority and Responsibilities,... 22-23 CHANGES IN THE WORK..... .................................. 23 10.1 OWNER's Ordered Change ................ 14. 10.2 Claim for Adjustment ........................23 10.3 Work Not Required by Contract Documents....................................:.23 10.4 Change Orders ............... ..............._..23 10.5 Notification of Surety., ...... .............. _23 CHANGE OF CONTRACT PRICE ,.,..,,..23 ILA-11.3 Contract Price: Claim f,or Adjustment; Value of the Work._...._ ................. .... 23-24 11.4 Cost of the Work ..........................24-25 11.5 Exclusions to Cost of the Work .......... 25 11:6 CONTRACTOR'sFee 25 11.7 Cost Records25-26 11.8 Cash Allowances 26 11.9 Unit Price Work................................26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment :......... ............ -26 12.2. Time of the Essence,,,,,,,,,,,,,,,,,,,,,,,,,,26 12.3 Delays Beyond CONTRACTOR's Control ....................................... 26-27 . 12.4 Delays Beyond OWNER's and CONTRACTOR's Control................27 TESTS AND INSPECTIONS; CORRECTION. REMOVAL OR ACCEPTANCE OF DEFEC77T,'E WORK.................................................27 13.1 Notice of Defects ............................. _ 27 13.2 Access to the Work ............................. 13.3 Tests and Inspections; CON M-k&OR's Cooperation.........27 13.4 OWNER's Responsibilities; Independent Testing Laboratory...... 27 13.5 CONTRICTOR's Responsibilities ................ ............... 27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval .................. 27 13.8-13.9 Uncovering Work at ENGI- Page Number NEER's Request ............ ......... 27-28 13.10 OWNER May Stop the Work .......... 28 13.11 Correction or Removal of Defective Work ...........................28 13.12 Correction Period ...........................28 13.13 Acceptance of Defective Work ......... 28 13.14 OWNER May Correct Defective. Work ..................................... 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION.................................................29 14.1 Schedule of Values, ........................ 79 14.2 Application for Progress Payment..................................... 29 143 CONTRACTOR'sWarranty of Title...........................................29 14.4-14.7 Review of Applications for Progress Payments.................29-30 14.8-14.9 Substantial Completion .................. 30 14.10 Partial Utilization, .....................30-31 14.11 Final Inspection .............................31 14.12 Final Application for Payment ........ 31 14.13-14A4 Final Payment and Acceptance.... ... 31 14:15 Waiver of Claims ....................... 31-32 15. SUSPENSION OF WORK AND TERMINATION ....................... ......... .............:. 32 15.1 OWNER May Suspend Work .......... 32 15.2-15.4 OWNER May Terminate.._ ...... _...... 32 15.5 CONTRACTOR May Stop Work or Terminate 32-33 I lap) W01093 a10) #! 17. MISCELLANEOUS 33 17.1 Giving Notice................................33 17.2 Computation of Times....................33 17.3 Notice of Claim ............................... 33 17.4 Cumulative Remedies 33 17.5 Professional Fees and Court Costs Included 33 17.6 Applicable State 33-34 Intentionally left blank.....................................35 E.\- MIT GC -A: (Optional) Dispute Resolution Agreement ..................... GC -Al 16.1-16.6 Arbitration ............................... GC -Al 16.7 Mediation, .............................. 9 -Al EJCDC GENERAL CONDITIONS 1910-9 (1990 EDITION) wt aTY 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 notshownin this index Article or Paragraph Number Acceptance of - Bonds and Insurance........................................5.14 defective Work............................10.4-1, 13.5, 13.13 final payment .. ...................................... 9AZ 14.15 insurance ......................................................... 5.14 other Work by CONTRACTOR ..........................7.3 Substitutes and'Or-Equal' Items.....................6.Z1 Work by OWNER..............................2.5.6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities ....................... I ........... ........... .1 site. related Work .............................................. 7.2 Work, ... ....................................... 13:2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions— CONTRACTOR ...................................6.9.1, 9.13.3 ENGINEER ................................ .......... 6.20, 9.13.3 OWNER................................................... 6.20. 8.9 Addenda --definition of (also see definition of Specifications) ,....... (L6, 1.10, 6.19). 1.1 Additional Property Insurance* ................................. 5.7 Adjustments - Contract Price or Contract Times ...........................1.5, 3.5. 4.1. 4.3.2. 4.5.2. ..............................4.5.3, 9.4. 9.5. 10.2-10.4, .........................................11, 12, 14.8. 15.1 progress schedule .............................................. 6.6 Agreement -- definition o(......................................................1.2 'All -Risk' Insurance, policy form............................5.6.2 Allowances, Cash....................................................11.8 Amending Contract Documents ................................ 3.5 Amendment. Written -- in general................1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 ...................4.8.2, 6.19, 10.1. 10.4, 11.2 .................................... 12A. 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to .......................... 9. 10, 9.11. 10.4, 16.2, 16.5 Application for Payment -- definition o(......................................................1.3 ENGINEER's Responsibility ............................... 9.9 final payment ................. 9.13.4, 9.13.5, 14.12-14.15 in general.... . ..................... 11 8. 2.9, 5.6.4, 9.10, 15.5 progress payment„....................................t4.144.7 review of................................................:.14.4-14.7 Arbitration.....................................................16.1-16.6 Asbestos -- claims pursuant thereto ........ .... .. ..... .......4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of.............................................I.........1.4 Article or Paragraph Number OWNER responsibility for............................4.5.1, 8.10 Possible price and times change,,,,,,,,,,,,,,,,,,,,,,, 4.5.2 Authorized Variations in Work,,.,,,,., 3.6, 6.25. 6.27, 9.5 Availability of Lands..........................................4.1, 8.4 Award, Notice of --defined, ................ ..................... 1.25 Before Starting ConstructioR..............................2.5-2.8 Bid --definition of........................1.5 (1.1, 1,10, 2.3, 3.3, ........................4.2.6.4, 6.13, 11.4.3, 11.9.1). Bidding Docurents-defmition of...................................................1.6 (6.8.2) Bidding Requirements -definition of..........................................1.7 (1.1, 4.2.6.2) Bonds -- acceptance of....................................................5.14 additional bonds10.5. 11.4.5.9 Cost of the Work............................................11.5.4 definition o(.......................................................1.8 delivery of....................................................2.1, 5.1 final .Application for Payment ......... general......................................1.10, 5.1-5.3, 5.13, 11 ......................................9.13. 10.5. 14.7.6 Performance, Payment and Other...................5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk "all-risk" policy form ........................5.6.2 Cancellation Provisions, lnsurance._;..... 5.4.11, 5.8, 5.15 Cash Allowances....................................................11.8 Certificate of Substantial Completion,,...... 1.38, 6.30.2.3, ..................................................14-8. 14.10 Certificates of Inspection...... ............. 9. t3.4, 13.5, 14.12 Certificates of Insurance ............. 2.7, 5.3, 5.4.11, 5.4.13. .......................5.6.5, 5.8, 3.14, 9.13.4. 14.12 Change in Contract Price -- Cash Allowances .............................................. 11.8 claim for price adjustment,...........4.1, 4.2.6, 4.5. 5.15. 6.8.2. 9.4 ...................9.5, 9.11, 10.2. 10.5. 11.2. 13.9. .......................13.13. 13.14, 14. 7, 15.1, 15.5 CONTRACTOR's fee.........................................11.6 Cost of the Work general ....................................... _ ....... Exclusions to...............................................11.5 Cost Records.....................................................1 1.7 in general., ........... J. 19, 1.44, 9.11. 10.4:2, 10.4.3, 11 Lump Sum Pricing..........................................11.3.2 Notification. of Surety ...................... .................. 10.5 Scope of ........... ................................... ....... 10.3-10.4 Testing and Inspection, Uncovering the Work .................................. 13.9 ErCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) wt CITY OF FORT COLLINS MODIFICATfONS (REV 9199) Unit Price Work 1 L9 ........................................... Article or Paragraph Number Value of Work..................................................11.3 Change in Contract Times - Claim for times adjustment. ....... A.1, 4.2.6, 4.5. 5.15; .........1 6.8.2. 9.4, 9.5. 9.11, 10.2. 10.5. 12.1, ............... 13.9,13.13,13.14,14.7.15.1,15.5 Contractual time limits;12.2 Delays beyond CONTRACTOR's control....................................................... 12.3 Delays beyond OWNER's and CONTRACTOR's control ... .............. :....... .... 12.4 Notification of surety.........................................10.5 Scope of change ..... ................ ................... 10.3-10.4 Change Orders - Acceptance ofDefecdve Work ..........................13.13 Amending Contract Documents ...........................3:5 Cash Allowances............................................... 11.8 Change of Contract Price.....................................I I Change of Contract Times... .................. I ............. 12 Changes in the Work ..................... ........ 10 CONTRACTORS fee ........................................ 11.6 Cost of the Work.......................................11.4-11.7 Cost Records.......................:............................11.7 definition of, ......................... I ....................... emergencies ........................ :............................ 0.23 ENGINEERS responsibility ....... 9.8. 10.4. 11.2. 12.1 executionof.....................................................10.4 Indemnifiction .........................5.12, 6.16, 6.31-6.33 Insurance, Bonds and ....................... 5.10; 5.13, 10.5 OWNER may terminate ......... ............ OWNER's Responsibility ...........................$.6, 10.4 Physical Conditions - Subsurface and.............................................4.2 Underground Facilities--............................4.3.2 Record Documents...........................................6.19 Scope of Change.......................................10.3-10.4 Substitutes, ............................................ 6.7.3. 6.8.2 Unit Price Work ................................................ 11.9 value of Work, covered by :................................ 11.3 Changes in the Work --- .................. ..............._...........10 Notification of surety„_......................_..__...__..10.5 OWNERS and CONTR4CTORs responsibilities.............................I.............10.4 Right to an adjustment......................................10.2 Scope of change ... :.................................... 10.3-I0.4 Claims -- against CONTRACTOR....................................6.16 against ENGINEER ......................................... 6.32 against OWNER_ 0.32 Change of Contract Price ........................... 9.4. 1 l3 Change of Contract Timeg......................... 9.4. 12.1 CONTRACTOR's.:...........4. 7.1. 9:4. 95. 9,11. 10.2. ..... ...................... 1 L17 11.9, 111, 13.9. 14.9. 15.1, 15.5. 17.3 CONTRACTOR'sFee..................... 11.6 Article or Paragraph Number CONTRACTOR's liability .......... :5.4, 6.12, 6.16, 6.31 Cost of the Work.............._......._......._....11.4, 11.5 Decisions on Disputes..............................9.11, 9.12 Dispute Resolution............................................16.1 Dispute Resolution Agreement .... ................ 16.1-16.6 ENGINEER as initial interpreter .......................9.11 Lump Sum Pricing.........................................11.3.2 Noticeof..........................................................17.3 OWNER's....................9.g, 9;5, 9.11, 10,21.1112, 11.9 ......... .......... ... 12.1,13.9,13.13,13.14.17.3 OWNER's liability..............................................5.5 OWNER may refuse to make payment ................14.7 Professional Fees and Court Costs Included..................................................... i 7.5 request for formal decision on............................2.11 Substitute Items .............................................. 6.7.1.2 Time Extension.................................................12.1 Time requirements....................................9.11, 12.1 Unit Price Work............................................,11.9.3 Valueof...........................................................1.1.3 Waiver of --on Final Payment.................14.14, 14.15 Work Change Directive ..................................... 10.2 written notice required .....................9.11, 11.2, 12.1 Clarifications and Interpretations.,,,,,,..,., 3.6.3. 9.4, 9.11 CleanSite..................................................6.17 Codes of Technical Society, Organization or Association..................................................3.3.3 Commencement of Contract Times,.., ....._.,_--, ..., „2.3 Communications— general..............................................6:' 6.9.2, 8.1 Hazard Communication Programs,,,,,,,,,,,,,,,,,, 6.22 Completion - Final Application for Paymen4 ..........................14.12 Final Inspection „... .............. .......................... 14.11 Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization, ...........................................14.10 Substantial Completion ......................1-38, 14.8-14.9 Waiver of Claims ......... ..............„..„..,,,,,.,...„.14.15 Computation of Times ............................ ...17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others.................................................6.8-6.11 Conferences -- initially acceptable schedules .............................. 2.9 preconst ruction, .................................................. 2.3 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report ....... .................... Z5, 3:3 2 Construction, before starting by CONTRACTOR ........................................... 2.5-17 Construction Machinery, Equipment,.etc.................6A Continuing the Work ..................................... 6.20, 10.4 Contract Documents - Amending..........................................................3.5 Bonds.............................................................5.1 EJCDC GENERAL CONDITIONS I9Io-8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances..............................................11.8 Article or Paragraph Number Change of Contract Price .................................... I 1 Change of Contract Times ................... I .............. ,,12 Changes in the Work................................10.4-10.5 check and verify.................................................2.5 Clarifications and Interpretations ..........................3.2, 3.6, 9.4. 9.11 definition of.................................................1.10 ENGINEER as initial interpreter of,,,,,,,,,,,,,,,,,, 9.11 ENGINEER as OWNER's representative ..........9.1 general3 Insurance ........................................................... 5.3 Intent.......................................................:3.1-3.4 minor variations in the Work..............................3.6 OWNERs responsibility to furnish data, ............. 8.3 OWNERS responsibility to make prompt payment... ......................8.3, 14.4, 14.13 precedence....:...........................................3.1.3.3.3 Record Documents............................................0.19 Reference to Standards and Specifications of Technical Societies ................................... 3.3 Related Work ..................................................... 7.2 Reporting and Resolving Discrepancies,,,,,,,, 2.5, 3.3 Reuse of. ......................... 3.7 Supplementing.................................................. 3.6 Termination of ENGINEERS Employment.........8.2 Unit Price Work.. ........... ................................. 11.9 variations......3 .....................................6, 6.23. 6.27 visits to Site, ENGINEERs............................... 9.2 Contract Price — adjustment of,,,,,_,,,,,,,, 3.5, 4.1, 9.4, 10.3, I1.2-11.3 Changeof..........................................................I 1 Decision on Disputes........................................9.11 definition of.....................................................I.11 Contract Times -- adjustment of ......................... 3.5. 4.1, 9.4. 10.3, 12 Change of................................................12.1-12.4 Commencement of.............................................2.3 definition of.....................................................1.12 CONTRACTOR — Acceptance of Insurance ................................... 5.14 Communications......................................6.2, 6.9.2 Continue Work........................................6.29, 10.4 coordination and scheduling............................6.9.2 definition of.....................................................1.13 Limited Reliance on Technical Data Authorized.........................................,4.22 May Stop Work or Terminate.............................15.5 provide site access to others ,,,,,,,,,,,,,,,,,,,,,,, 7.2„ 13.2 Safety and Protection...._........:....9.3.1.2. 6.16, 6.18, ...............................4..... 6.21-6.23. 7.2. 13.2 Shop Drawing and Sample Review Prior to Submittal ............. 4..........................5.25 vii Stop Work requirements.,...,..._.......................4:52 CONTRACTORs— Article or Paragraph Number Compensation ..... ................ ....................... 11.1-11.2 Continuing Obligation........:............................14.15 Defective Work...............................9.6. 13.10-13.14 Duty to correct defective Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency ........................................... 6.23 Defects in Work of Others ............................ 7.3 Differing conditions,.,......, 1.....................4.2.3 Discrepancy in Documents..,.,,,, 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated,..........4.3.2 Emergencies.....................................................6.23 Equipment and Machinery Rental, Cost of the Work...........................................11.4.5.3 Fee --Cost Plus11.4.5.6. 11.5.1, 11-6 General Warranty and Guarantee,,,,,,,,,,,,;;... 6.30 hazard Communication Programs ......................0.22 Indemnification .........................6,1? 6.16,6.31-6.33 Inspection of the Work...............................7.3, 13.4 Labor, Materials and Equipment ....................6.3.6.5 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14.1 Liability Insurance..............................................5.4 Notice of Intent to Appeal;........................9.10, 10.4 obligation to perform and complete theWork....................................................0.30 Patent Fees and Royalties, paid for by................6.12 Performance and Other Bonds ,,,,,,,,,,,_,,,,.,,,..,5.1 Permits, obtained and paid for by„_,,,,,,,,,,,,,,,,,,,6.13 Progress Schedule ...........................16. 2.8. 2.9, 6.6. ........................................629. 10.4, 15.2.1 Request for formal deeisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities -- Changes in the work..................................10.1 Concerning Subcontractors, Suppliers and Others ..................................... 6.8-6.11 Continuing the Work ..........................6.29, 10.4 CONTRACTORS expense .......................... 6.7.1 CONTRACTORS General Warranty and Guarantee..................................._..6.30 CONTRACTORS review prior to Shop Drawing or Sample submittal,,,,,,,,,,,,,,,, 625 Coordination of Wor................................. 69.2 Emergencies ............................................... 6. 23 ENGIINT;ERs evaluation; Substitutes or "Or -Equal" Items.............................6.7.3 For Acts.and Omissions ofOthers 6.9.1-6.9.2, 9.13 for deductible amounts, insurance...................5.9 general........................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs.,......,. 6.22 Indemnification ...................................6.31-6.33 ER,TJC GENERAL C0NDITION91910.8 (1990 EDITION!) W/ CITY OF FORT COLUNS NtODMCATIONS (REV 9/99) Labor, Materials and Equipment ..............6.3.6.5 Laws and Regulations,,,,,,; 6.14 Liability Insurance .... .................................... 5.4 Article or Paragraph Num ber Notice of variation from Contract Documents .......................................... 6.27 Patent Fees and Royalties ..... .................. ..... �. 12 Permits.......................................................0.13 Progress Schedule....._ ..... __ ......................... 26:6 Record Documents 6.19 related Work performed prior to ENG1NEERs approval of required submittals.............................................628 safe structural loading .................................6.18 Safety and Protection ....................6.20. 7.2. 13.2 Safety Representative:,._...._„____.................6.21 Scheduling the Work ......... .................. 6.9.2 Shop Drawings and Samples ........................ §. 24 Shop Drawings and Samples Review by ENGINEER ...................................... & 1-6 Site Cleanliness ..........................................6.17 Submittal Procedures 6.25 Substitute Construction Methods and Procedures 6.7:2 Substitutes and "Or -Equal" Items ................ 0.7; 1 Superintendence...,., .............. ­­4 ................. 6.2 Supervision ...................................................0.1 Survival of Obligations ................................6.34 Taxes 15 Tests and Inspections * ... 13.5 ToReport ..................................................... 2.5 Use of Premises .....................6.16.6.18. 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................6.25 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim,.,_,.,,,,,, 4, 7.1, 9A, 9-5, 9.11, 10.2,11.2, ** ......... 11.9, 12.1. 13.9. 14.8, 15.1, 15.5, 17.3 Safety and Protection,,,,,,,,,,,,;,,,,, ' 6.20-6.22, 7.2, 13.2 Safety Representative ................. ..................... 621 Shop Drawings and Samples Sub�aittal§ .... 6.24-628 Special Consultants , ** ......... ...... , ­­ . .. ... 1 L4.4 :, Substitute Construction Methods and Procedures.6.7 Substitutes and "Or -Equal" Items, Expense........................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others,,.,,,,,,, 6.8-6.1 I Supervision and Superintendence .......... 6.1, 6.2, 6.21 Taxes. Payment by ..................................... ..... 6.15 Use of Premises 6.16-6.19 Warranties and guarantees ......................... 0.5.6.30 Warranty of Title ....................... I...................... 14.3 Written Notice Required -- CONTRACTOR stop Work or terminate ........ 15.5 Reports of Differing Subsurface and Physical Conditions ........................ 4-2.3 Substantial Completion .... ....... ................... 14.8 viii CONTRACTORS -other 7 Contractual Liability Insurance .... ............. ..... :5.4. 10 Contractual Time Limits 12.2 Article or Paragraph Number Coordination— CONTRACTORs responsibility ......................... �.9.2 Copies of Documents ........................................... .... 2.2 Correction PeriO ......................... ........................ 13.12 Correction. Removal or Acceptance of Defective Work-- in general ...................................10.4.1, 1110-13.14 Acceptance of Defective Work ...........................1.3.13 Correction or Removal of Defective Work .................................6.30, 13.11, Correction Period ..... ...................................... J3.12 OWNER May Correct Defective Work ..............13.14 OWNER May Stop Work ...................... .......... 13.10 Cost -- of Tests and Inspections .....................................13.4 Records 11. 7 Cost of the Work -- Bonds and insurance, additional ................... J 1.4.5.9 Cash Discounts ..............................................11.4.2 ..................... *"*'** .... * .......... 11.4.2 CONTPACTOR's Fee ........................................ 11.16 Employee Expenses......................................11.4.5.1 Exclusions tq ........ .......... .................. 11.5 General 11.4-11.5 Home office and overhead expenses ....................I L5 Losses and damages .....................................11.4.5.6 Materials and equipment.................................11.4.2 Minor expenses ............................................ 11.4.5.8 Payroll costs on changesi ............................ .... 11.4.1 performed by Subcontractors ............................ tIA-3 Records 11. 7 Rentals of construction equipment and machinery ....................................... 11.4.5.3 Royalty payments, perm its and license fees J 1.4.5.5 Site office and temporary facilities ...............a 1.4.5.2 Special Consultants, CONTRACTOWs ............ J 1.4A Supplemental .... ............................................11.4.5 Taxes related to the Work 11.4.$.4 Tests and Inspection... .... .................................. 13.4 Trade Discounts 11.4.2 Utilities, fuel and sanitary facilities .............. J 1.4.5.7 Work after regular hours .................................11.4.1 Covering Work ...............................................13.6.13.7 Cumulative Remedies, ..................................... 17.4-17.5 Cutting, fitting and patching .............................. .... 7.2 Data, to be furnished by OWNER ............................. ?3 Day,delinition of ................................................. 17.2.2 Decisions on Disputes., .................................. 9.11,9.12 defective --definition. of._........................................ 1.14 defective Work - Acceptance of ......................................10.4.1. 13.13 EICDC GENERAL CONDITIONS 1910.8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Correction or Removal of......................10.4.1, 13.11 Correction Period...... ........_......-,,,.,.,,..,,..;:..,;.13.12 in general.. .......................................13. 14.7. 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work .................................13.10 Prompt Notice of Defects...................................13.1 Rejecting...........................................................9.6 Uncovering.the Work.......................................13.8 Definitions................................................................ 1 Delays......................................4.1, 6.29, 12.3-12.4 Delivery of Bonds ................ ........... .......................... ?.l Delivery of certificates of insurance ............................2.7 Determinations for Unit Prices 9.10 -- Differing, Subsurface or Physical Noticeof........................................................4.2.3 Notice ENGINEER's Review......................................4.2.4 Possible Contract Documents Change ............... 4.2-5 Possible Price and Times Adjustments.............4.2.6 Discrepancies -Reporting and Resolving...............................2.5. 3.3.2. 6.14.2 Dispute Resolution— Agreement................................................ 16.1-16.6 Arbitration ................................................ 16.1-1 &5 general16 Mediation..................:.....................................16.6 Dispute Resolution Agreement..........................16.1-16.6 Disputes, Decisions by ENGINEER ........ .•.....9.11-9.12 Documents -- Copiesof............._..............................._......2.2 Record 6.19 Reuseof............................................................3.7 Drawings --definition of..........................................1.15 Easements.............................................................1.1 Effective date of Agreement -- definition gf..............1.16 Emergencies., ............._................................. ...-. 6.23 ENGINEER — as initial interpreter on disputes,,,,,,,,,,,,,,,, ....... definition of....................................................1-17 Limitations on authority and responsibilities,,,,, 9.13 Replacement of. .......... .... ........... .............I.........8.2 Resident Project Representative, ........ ............ 9.3 ENGINEER's Consultant -- definition of..................1.18 ENG .NEER's-- authority and responsibility, limitations or) ........ 9-13 Authorized Variations in the Work,,,,,,,,,,,,,,,,,,,, 95 Change Orders, responsibility for....... 9.7. 10. 11, 12 Clarifications andInterpretations ...............3.6.3, 9.4 Decisions on Disputes, ................... I ....... ..9.11-9.12 defective Work, notice of ,.............................. ..• 13.1 Evaluation of Substitute Items ..........................6.7.3 Liability ...................................................0.32, 9.12 Notice Work is Acceptable..............................14.13 Observations...........................................6.30?I 9.2 O W NER's' Representat ive,,,,, ,,,,,,,,,, _ _........ _,-.,..9.1 Payments to the CONTRACTOR, Responsibility for.....................................9.9. 14 Recommendation of Payment ....................14.4. 14.13 Article or Paragraph Number Responsibilities --Limitations on ................. Review of Reports on Differing Subsurface and Physical Conditions............................4.2.4 Shop Drawings and Samples, review responsibility ............... . ......... ...................... 6 26 Status During Cmstruction-- authorized variations in the Work..................9.5 Clarifications and Interpretations..................9.4 Decisions on Dispute...........................9. 11-9.12 Determinations on Unit Price......................9.10 ENGINEER as Initial Interpreter,,,,,,,,, 9.11-9.12 ENGNEER's Responsibilities ,,,,,,,,,,,,,,,,9.1.9.12 Limitations on ENGINEER's Authority and Responsibilities .............................. 9.13 OWN-ER's Representative..............................9.1 Project Representative,..........._.....................9.3 Rejecting Defective Work ........ :..................... 9.6 Shop Drawings, Change Orders and Payments ........... : ........................ 9.7-9.9 Visits to Site.................................................9 2 Unit Price determinations.................................9.10 Visits to Site............................_.............._.........9.2 Written consent required ............................. 7.2, 9.1 Equipment, Labor, Materials and ........................0.3-6.5 Equipment rental, Cost of the Work .................. 11.4.5.3 Equivalent Materials and Equipment ........................6.7 error or omissions..................................................0.33 Evidence of Financial Arrangements. ...................... 8.I I Explorations of physical conditions ........ ,............... 4.2.1 Fee, CONTRACTOR'S —Costs Plus ........ ................... 11.6 Field Order — definition of.....................................................1.19 issued by ENGINEER ......... ...................... 3.6.1. 9.5 Final Application for Payment...............................14.12 Final I n spe ct i or1...................................................14.11 Final Payment — and Acceptanec...._.........,,_........_._....14.13-14.14 Prior to, for cash allovances ............................... 11.8 General Provisions..........................17.3-17.4 General Requirements — definition of.....................................................1.20 principal references to ............ .,2.6. 6.4, 6.6-6.7. 6.24 Giving Notice... .................... ................. I ............... 17.1 Guarantee of Work —by CONTRACTOR ......... 0.30, 14.12 Hazard Communication Programs., .... .................... 0.22 Hazardous Waste -- definition of.....................................................1.21 general..................................... - ..................4.5 OWNER's responsibility for.............•.................8.10 E1CDC GENERAL CONDITION'S 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification... ........................... 6.. 1 Z 6-16, 6.31-6.33 Initially Acceptable Sc hedules ........................... L ....... 2.9 Inspection -- Certificates of ..............................9.13.4, 135. 14.12 Final........................................................... 14.11 Article or Paragraph Number Special, required by ENGINEER .... .................... 9.6 Tests and Approval ............................ 8.7, 13.3-13.4 Insurance - Acceptance of, by OWNER ................................ 5.14 Additional, required by changes in the Work 11.4.5.9 Before starting the Work ................. ................... 2.7 Bonds and --in general ..........................................5 Cancellation Provisions„ .. ................. ............ 5.8 Certificates of .............. .... 2.7, 5, 53, 5.4.11, 5.4.13, ........................5.6.5. ....................­5.6.5. 5.8, 5.14, 9,13.4. 14.12 completed operations ..................... .......... ­1­5.4.13 CONTRACTORS Liability ..................................5.4 CONITRACTOR!s objection to coverage,,,,,,,,,,,,, 5A4 Contractual Liability ............................ ......... 5.4.10 deductible amounts, CONTRACTORS responsibility ................................................5.9 Final Application for Payment .......................... 14.12 Licensed Insurers ..... * .... * ...... *'**** ....................... 5.3 Notice requirements, material changes ........ 5.S, 10.5 Option to Replace._........................................ 5.14 other special insurances....................................5.10 OWNER as fiduciary for insureds .............. 5.12-5.13 OWNERS Liability_ ... ............. .. - ------ ..­5.5 - ­ ......5.5 OWNER!s Responsibility .....................................8.5 Partial Utilization, Property Insurance,,,,,,,,,,,,,,, 5.15 Property..................................................... 5.6-5.10 Receipt and Application of Insurance Proceeds 5.12-5.13 Special Insurance............................................. 5.10 Waiver of Rights .... .......................... ............ JAI Intent of Contract Documents 1-3.4 Interpretations and Clarifications .................... _3.6.3, 9.4 Investigations of physical conditions ...........................4.2 Labor, Materials and Equipment ............ Lands -- and Easements 5A Availability of .............................................4.1. 4.1. 8.4 Reports and Tests ...............................................5.4 .. .... ......... 5.4 Laws and Rcgulations--Laws or Regulations,_ Bonds 5.1-5.2 Changes in the Work ........................................10A .............*.........................10A Contract Documents..........................................3.1 CONTRACTOWs Responsibi I ities .......... * ... *"* Correction Periocl, ckfective Work,,,,,,,,,,,,,,,,, 4.14 .... 3.12 Cost of the Work, taxes ................................ 11.4.5.4 definition of........_ ........................... ............ _1,22 general6.14 Indemnification ............................... 6.31-6.33 Insurance 5.3 Precedence �..3.1, 3.3.3 Reference to 3.3.1 Safety and P�o'ie­ci'ion ................................620. 13.2 Subcontractors, Suppliers and Others ............ 6.8=6.11 Article or Paragraph Number Tests and Inspections ............. ..................... 13.5 Use of Premises ......................1..........................6.16 Visitsto Site. ........ I ............................................ 0.2 Liability Insurance.. CONTRACTORS ........................................... 5.4 OWNERS 5.5 Licensed Sureties and Insurers ................................. 5.3 Liens -- Application for Progress Payment .......................14.2 CONTRACTORS Warranty of Title, ... ............... 14.3 Final Application for Payment ..........................14.12 definition of. ...... I—, .......................... .......... 1.23 Waiver of Claims 14.15 Limitations on ENG MIER'S authority and responsibilities ............................ ..................... 9.13 Limited Reliance by CONTRACTOR Authorized ....................................................... 4.2.2 Maintenance and Operating Manuals - Final Application for Payment,„....................... 14.12 Manuals (of others)-- Precedence '":_ ­ .............................................3.3.3.1 .. ... ....... * ............................ �. 33.1 Reference to in Contract Documen4 ...... _33.1 Materials and equipment -- furnished by CONTRACTOR... ...... .................... 6.3 not incorporated in Work ................................... 14.2 Materials or equipment --equivalent .......................... 0.7 Mediation (Optional) ................................. ; ............ j 6.7 Milestones --definition of ........................................).24 Miscellaneous -- Computation of Times ...................................... ­17.2 Cumulative Remedies ........................................ 17.4 Giving Notice ....................................................17.1 Notice of Claim 17.3 Professional Fees and Court Costs Included,,,,,,,, 17.5 Multi -prime contracts ......................................... - 1 7 Not Shown or Indicated ............................ .......... 4 3 2 Notice of.. Acceptability of Project ........ . ............. ­'* 14.13 Awnrd, definition of ...... ... I ..... I ........................ 1.25 Claim............................................................ J.7.3 Defects.13.1 Differing Subsurface or Physical Conditions,,,,,, 4.2.3 Giving........................... ....... ........... ; ............ 17.1 Tests and Inspections ................. ....................... 13.3, Variation, Shop Drawing and Sampb; ................ 0.27 Notice to Proceed - definition of ......................................................126 givingof ..............................I............................. 2.3 EA7DC GENERAL CONDITIONS 1910.8 (19 90 EDI noN) W/ ClTY OF FORT COLLINS MODIFICATIONS (.REV 91991 SECTION 00100 INSTRUCTIONS TO BIDDERS Notificatibit to Surety .......................... .................. 10.5 Observations, by ENGINEER .......................... _6.30, 9.2 Occupancy of the Work,,,,,,,,,,,,,,,,,,, 5.15, 6.30.2.4. 14.10 rn Oissions or acts by CONTRACTOR,,,;,,,,,,,,,,,, 6.9, 9.13 Open Peril policy form, Insurance ..........................5..6.2 Option to Replace ....................................................5.14 Article or Paragraph Number "Or Equal" Items......................................................6.7 Other work 7 Overtime Work —prohibition of ................................. 6.3 OWNER -- Acceptance of defective Work ...........................13.13 appoint an ENGINEER ............... ...................... 8.2 as fiduciary ............................................... 5.12-5.13 Availability of Lands, responsibility .................... A. I definition of .......... .......................................... 1.27 data, furnish ......................................................8.3 May Correct Defective Work ............................13.14 May refuse.to make payment 14.7 May Stop the Work ................:.......................13.10 May Suspend Work. Terminate ........................... $.8, 13.10, 15.1-15.4 Payment, make prompt.....................N.3, 14.4, 14.13 performance of other work.................................. 7.1 permits and licenses, requirements ...................6.13 purchased insurance requirements,,,,,,,..„... 5.6-5.10 OWNER!s­ Acceptance of the Work ..............................6.30.2.5 Change Orders, obligation to e-Necutq .......... 8.6, 10.4 Communications ................................................. 8.1 Coordination of the Work ....................... 7.4 Disputes, request for decision ............................9.11 � Inspections, tests and approvals ..................8.7, 13.4 Liability Insurance .............................................. 5.5 Notice of Defects ..............................................13.1 Representative —During Construction, ENkGFiNEER!s Status 9.1 Responsibilities - Asbestos. PCBs, Petroleum, Hazardous Waste or Radioactive Material ............ ?. 10 Change Orders ..............................................8.6 Changes in the Work.........._....................... 101 communications ........................................... Al CONTRACTOR's responsibilities ................. �8.9 evidence of financial arrangements ..............8.11 inspections, tests and approvals .....................8.7 insurance ...................................................... ........*....... * 8.5 and d easements ...... .... 8.4 prompt payment by.. .. ** -", - 8.3 replacement of ENGINEER .................... ................. ?.2 reports and tests ............................................8.4 stop or suspend Work .................8.8, 13.10, 15.1 terminate CONITRACTORs services .......................................... $.8. 15.2 separate representative at site .............................. 9.3 testing, independent--------.-- ......................._..13.4 use or occupancy of the Work .............. ...........$. 15, 6.30.2.4. 14.10 written consent or approval required .........................................9.1, 63, 11.4 rJCM GENERAL CONDITIONS 1910-8 (1990 EDITION) wf CITY OF FORT COLLINS NIOD[FICAIIONS (REV 9199) Article or Paragraph Num ber written notice required ........................7.1, 9-4, 911, .....*...*......11.2. 11.9. 14.7. 15.4 ....................................11.2. PCBs -- definition of 1.29 Seneral... ...................................................... .... 4.5 OWNER's responsibility for . ................. ......... .J.10 Partial Utilization - definition of .....................................................1.28 general 6.30.2.4. 14.10 Property Insurance ............................................ 5.15 Patent Fees and Royalties ........................................ 6.12 Payment Bonds ......................... ........................ 5.1-5.2 Payments, Recommendation of .............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion - Application for ProgressNyments......................14.2 CONTRACTOR's Warranty of Title...................14.3 Final Application for Payment .................. ...... J 4.12 Final Inspection ............................................... 14AI Final Payment and Acceptance,,,,,,,,,,,,,,, 14.13-14.14 general................................................ ......... $3, 14 Partial Utilization .......... ................................. 14.10 Retainage......................................................... ] 4.2 Review of Applications for Progress Payments ............................... * 14.4-14:7 prompt paymenk ................................................. ?.3 Schedule of Values . ........................................ : ... 14.1 Substantial Completion .............................. 14.8-14.9 Waiver of Claims ............................................. 14.15 when payments due ................................14.4, 14.13 withholding Payment........._.._................. ........14.7 Performance Bends ............................................ 5.1-5.2 Permits. I ........... I ............................................... 6.13 Petroleum - definition of .....................................................1.30 general.............................................................. 4.5 OWNEP's responsibility for ........... .................. 8.10 Physical Conditions - Drawings oC in or relating to ................... ..... 4-2.1.2 ENLGMER!s review ......................................... 4.2.4 existing structures .............. *'*"'­ .. .... ............... ­' 4.2.2 general4-2.1.2 ......................................................... Notice of Differing Subsurface or...................... 4.2.3 Possible Contract Documents Chang Change,,,,,,,,,,,,,,, 4.2.5 Possible Price and Times Adjustments,,,,,,,,,,,,,, 4.2.6 Reports and Drawings......................................4.2.1 Subsurface and ....................................................4.2 Subsurface Conditions 4.2. 1, 1 Technical Data, Limited Reliance by CONTRACTOR Authorized ........................ 4.2.2 Underground Facilities - general........................................................4.3 Not Shown or Indicaed .............................. 43.2 Protection of ......................................... 4.3,6.20 xii Article or Paragraph Number Shown or Indicated 4.3.1 Technical Data ................................................ 4.2.2 Prec.onstruction Confereneq .......................................2.8 Preliminary Matters .....................................................2 Prelim inazy Schedules .............................................. 2.6 Premises, Use of .............. * .............. 6.16-6.18 Price, Change of Contract.. -1. ... I ...... -- ...... ...,,,,,..I I Price, Contract -definition of ................................... 1.11 Progress Payment. Applications fq ..........................14.2 Progress Payment-rctainage ....... . .......................... 14.2 Progress schedule, CONTPACTOR!s ........... 2,6. 2.8, 2.9, 6.6. 6.29. 10.4. 15.2.1 Proj cc t--de fimit'i'on' o'r*...............................................1.31 Project Representative- ENGINEERs Status During Construction........... 9.3 Project Representative, Rcsident--dcfinition of .......... 1.33 prompt payment by OWNER .....................................8.3 Property Insurance - Additional $J gencral5.6-5. 10 Partial Utilization ................................5.15. 14.10.2 receipt and application of proceeds ............. 5.12-5.13 Protection, Safety and .............................. k.210-6.21, 13.2 Punch list ..........................................................14.11 Radioactive Material- defintion of '* ..................................................... 1.32 Vnera14.5 OWLNEWs responsibility for ........................ 10 Recommendation of Payment ' ................14.4, 14:5, 14.13 Record Documents.._ ... ........... -- .................. 6.19, 14.12 Records, procedures for maintaining ..... .................... 2.8 Reference Points.......................................................4.4 Reference to Standards and Specifications of Technical Societies .........................................3.3 ..... * ................. ......3.3 Regulations, Laws and (or) ......................................6.14 Rejecting Defective Work ...................................... ... 9.6 Related Work - at Site 711-7.3 Performed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,,,,,,,,, 6.28 Remedies, cumulative,., ................................... 17.4. IT5 Removal or Correction ofDefective Work ................13.11 rental agreements, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER, byOWNER,,,,,,,,,,,,,,,,,,,, 32 Reporting and Resolving Discrepancies ..................... .......... 2.5, 3.3.2, 6.14.2 Reports -- andDrawings .................................................4.2.1 and Tests, OWNMs responsibility ................ 8.4 Resident and Project Representative - definition of .................................................... 1.33 provision for .....................................................I...... 9.3 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTORS ............... 6.2 Responsibilities— CONTRACTORs-in general .................................. 6 ENGINEER's-in general........................................9 Limitations on.............................................9.13 OWNERs-in general .... :...................... .................. 8 Retainage............................................................14.2 Reuse of Documents .......... .. ..... ................................3.7 S Review by CONTRACTOR:hop Drawings and Samples Prior to Submittal ........................6.25 Review of Applications for Progress Payments .......... ........................ ...14.4-14.7 Right to an adjustment......__ ............. ......... ........... 10.2 Rights of Way ................................... ............._...._,. 4.1 Royalties, Patent Fees and.....................................6.12 Safe Structural Loading..........................................6.18 Safety -- and Protection................................4.3.2, 6,16, 6.1S, ......................................6.20-6:21, 72. 13.2 general .................................................... 6.20-6.23 Representative, CONTRACTORs .......................6.21 Samples -- definition of.....................................................1.34 general .................................................... 6.24-6.28 Review by CONTRACTOR ............................... 6.25 Review by ENGINEER..............................6.26, 6.27 related Work.....................................................6.2S submittal of ................................................... 6.24.2 submittal procedures,,,,,_.................................6.25 Schedule of progress.............................2.6, 2.8-2.9. 6.6. .........................................629, 10.4. 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 2.8-2.9, 6.24-6.28 Schedule of Values..............................2.6, 2.8-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting.......................................................... 6.6 Change of Contract Times.................................10.4 Initially Acceptable ...................... I .......... ..... 2.8. 2.9 Preliminary........................................................2.6 Scope of Changes,., ................................... 10.3-10.4 Subsurface Conditions..._...................................42.1.1 Shop Drawings — and Samples, general ................................ 6.24-6.28 Change Orders e Applications for Payment-., and .... ....... ...... ...... .......... ....... .9.7-9.9 definition of...................................I.................1.35 ENGINEER's approval of.................................3.6-2 ENGINEERS responsibility for review ..................................... 9.7, 6.24-6r28 rotated.Work...:..._............................ ... .. _::.......6.28 review procedures...............................2.8, 6.24-6.28 Article or Paragraph Number submittal required....._........................................6.24.1 Submittal Procedures.........................................6.25 use to approve substitutions..............................6.7.3 Shown or Indicated, ....... ...................................... 4.3.1 Site Access ......................................................7.2, 13.2 Site Cleanliness..................................................... 6.17 Site, Visits to -- by ENGINEER...........................................9.2. 13:2 byothers..........................................................13.2 .special causes of loss" policy form, insurance ....................................................... 5.6.2 definition of.....................................................1.36 Specilications— definauon of................................................._1.36 of Technical Societies, reference to..................3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies .......................................: 3-3 Starting Construction, Before..............................2.5-2.8 Starting the Work .................................................. 2.4 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER.....................................8.8, 13.10, 15.1 Storage of materials and equipment ......................4.1, 7.2 Structural Loading, Safety ........................ I...............6.18 Subcontractor -- Concerning ................................................ 6.3-6.11 definition of. .................................................... 1.37 delays............................................................12.3 waiver of rights, .......................... .................... 6 11 Subcontractors --in general ... .............................. 6.8-6.11 Subcontracts --required provisions.,.,,,,,..5.I1. 6.11, 11.43 Subm ittals— Applieations for Payment..................................14.2 Maintenance and Operation Manuals ............... 14.12 Procedures.........................................:............. .25 Progress Schedules ... ................................... 2.6, 2.9 Samples ....... ..................................... ....... 024-6.28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions...............„..,,,.,,,,,,._,.,.,,.2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.23 Substantial Completion— certification of...........................6.30.2.3, 14.8-14.9 definition of.....................................................1.38 Substitute Construction Methods or Procedures ..... ..6.7.2 Substitutes and "Or Equal" Items..,„..........................6.7 CONTRACTORS Expense.............................0.7. 1.3 ENGINEERs Evaluation..,., ................... 6.7.3 'Or -Equal .................................................... 6. 7.1.1 Substitute Construction Methods xiii E/CDCGENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLL[NS MODIFICATIONS (REV 9/991 Article or Paragraph Number or Procedures §. T2 Substitute Items ............................. ........... 6.7.12 Subsurface and Physical Conditions - Drawings of in or relatrig to .............. ...... 4.2.1.2 EN61NEER!s Review ..................... ........... _4.14 general..................................... ........................ 4.2 Limited Reliance by CONTRACTOR Authorized .......... ................................ ...... 4.2.2 Notice of Differing Subsurface or Physical Conditions .......................................... 4.2.3 Physical Conditions ....................................... 4.2.L2 Possible Contract Documents Change ...............4.2.5 Possible Price andTimes Adjustments ............... 4.2.6 Reports and Drawings ..................... ................ 4.2.1 Subsurface and....................................................4 2 Subsurface Conditions at the Site. .................. � 4.2.1.1 Technical Data .................................................4.2.2 Supervision- CONTRACTORs responsibility.._ ....................... 0.1 OWNER shall not supervise ................................8.9 ENGINEER shall not supervise................9.2, 9.13.2 Superintendence-, ........ I .......... I ........... I .._..........I... 6.2 Superintendent, CONTRACTORs resident ...............0.2 Supplemental costs ............................... Supplementary Conditions - definition of .....................................................1.39 principal references tq ................. 1.10,1.18, 2.2, 2.7, ...............4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, ­ ..... 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9.10 Supplementing Contract Documents .....................z....3.6 Supplier - definition of .....................................................1.40 ................................................... J.40 principal references IQ ........... 3.7. 6.5. 6. &-6.11, 6.20, ..........................................6.24, ......................................*-6.24, 9.13, 14.12 Waiver of Rights ...............................................6.11 Surety - consent to final payment ........................14.12, 14.14 ENGINEER has no duty to ................................9.13 Notification of ..................................10.1, 10.5. 15.2 qualification of., ........................... I ................. 5.1-5.3 Survival of Obligations *14W'* ...... * ........ - -" ....... 26.34 Suspend Work, OWNE........................................... ....................... j3.10. 15.1 Suspension of Work and Termination .......................15 CONTRACTOR May Stop Work or Term inate 15.5 OWNER May Suspend Work ............. ................ 15.1 OWNER May Term inatq................. _ ......... 152-15.4 Taxes -Payment by CONTRACTOR ........................ 0.15 Technical Data -- Limited Reliance by CONTRACTOR . ................4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions ....................................4.2.3 xiv Temporary construction facilities .............................4.1 Article or Paragraph Number Term ination- by CONTRACTOR ........................................... 15.5 by OWNER ........................................ B.S, 15.1-15.4 of ENGINEERs employment ................... ..........8.2 Suspension of Work-in general ............................. J5 Terms and Adjectives ' ....... ................... ...... 3.4 Tests and Inspections - Access to the Work, by others ...........................13.2 CONTRACTOR!s responsibilities ................. ..... 13,5 oust of 13.4 covering Work prior tq .............................. j 3.6-13.7 Laws and Regulations (or) ................................ 13.5 Notice of Defects,. . . .... .. ....... .... --- --- ---- 13.1 OWNER May Stop Work ........... ........ 13.10 OWNER's independent testing .................... ..... 13.4 special, required by ENGINEER,,,,,,,,,,,,,,,,,,,,,, 9-6 timely notice required...,,,,. I .............................. 13.4 Uncovering the Work. at ENGINEERs reques;........... __ ............................ .... 13.8-13.9 Times - Adjusting................... __ ................... .............. 6-6 Change of Contract,,_..„.,..,.„.................... ..........12 Computation of ... ... I ............... ' ........17.2 i...- Contract Times --definition of .................. ........ 1.12 day........... ____ ........... ......................... 17.2.2 Milestones..........................................................12 Requirements - appeals.......... .. .. .... .................... ___9.10, 16 clarifications, claims and disputes ..................9.11, IL2. 12 Commencement of Contract Times,,,,,,,,,,,,,,,, 2.3 PreconsLiruction Conference ...........................2.8 schedules .........................................2.6, 2.9, 6.6 Starting the Work ..........................................2.4 Title, Warranty of..... ......... ..................................... 14.3 Uncovering Work, ... ....................................... 13.8-13.9 Underground Facilities, Physical Conditions- deflinition of ......................................... ........... 1.41 Not Shown or Indicated ........................ 4.3.2 protection of..._....__.............................. _43, 6.20 Shown or Indicated 4.3.1 Unit Price Work - claims 1 1.9.3 definition of 1.42 generalll.9. 14,1. 14,5 Unit Prices- gencrall 1.3.1 Determination for.............................................9.10 Use of Premises ................................. 6.16, 6.18, 6.30.2.4 Utility owners .................... ....... §. 13, 6.20. 7.1-7.3, 13,2 Utilization, Partial... .............. -1,28. 5.15. 6.3024, 14.10 Value of the Work ..................................................11.3 Values, Schedule of_._„.........................2.6, 2.8-2.9, 14.1 EJCDCGENERAL CONDITIONS 1910-8 (1990 EDITION) w/aTY OF FORTCOLLINSMOD[FICATIONS (REV 9/99) Variations in Work --Minor Authorized ... ................. : .................. 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGITNaR ................................... 9.2 Waiver of Claims --on Final Payment ....................... 14.15 Waiver of Rights by insured partic4 ................. 5.11,6.11 Warranty and Guarantee, General --by CONTRACTOR ................................................0.30 Warranty of Title. CONTRACTORs ..................... j 4.3 Work -- Access to 1. 3. 2 byothers ............................................................... 7 Changes in the .............. ...................................... 10 Continuing the ............................... _ ................ 6.229 CONTRACTOR May Stop Work or Terminate......_.......................................15.5 Coordination of .............. 7.4 Cost of the 11.4-11.5 definition of 1.43 neglected by CONTRACTOR ......................... Ji14 other Work 7 OWNER May Stop Work..._........_ ............... _ 13. 10 OWNER May Suspend Work ................... J3.10, 15.1 Related, Work at Site ..................................... 7.1-7.3 Starting the .........................................................14 Stopping by CONTRACTOR ............................. 15.5 Stopping by OWNER ...... *'**'*"* .................. * 15.1-15.4 Variation and deviation authorized, minor., ......... 3.6 Work Change Directive — claims pursuant tQ ............................................ JO.2 definition of., ...................... .................... ... 11,44 principal references to ......................3.5.3, 10.1-10:2 Written Amendment -- definition of .......................................................1.45 principal references to ............... 1.10,15, 5.10,15.12, ........................6.6.2, 6.8.2, 6.19, 10.1, 10.4. .......................... A1.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and 1riterpretations 3.6.3, 9.4. 9.11 Written Notice Required — by CONTRACTOR ............................ 1.1, 9.10-9-11, ........................................... 10.4, 11.2. 12.1 byOWNER .................... 9. 10-9.11, 10.4, 11.2, 13.14 xv EJCDC GENOLALL CONDITIONS 1910.8 (1990 EDITIWO wt CITY OF FORT COLLINS MODIFICATIONS (REV 9f99) (This page left blank intentionally) ni EtCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wJ a TY OF FORT COLLINS NIODIFICATIONS (REV 9/99) GENERAL CONDMONS ARTICLE 1—DEFLNITTIOi`IS Wherever used in these General Conditions or in the other Contract Documents the following terms have the. meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Document's. 1.2. Agreement—Thewritten contract between OWNER and CONTRACTOR covering the Work to be perfomrcd; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Pa)mrent—The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Arty material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements --The advertisement or invitation to Bid instructions to bidders- and the Bid form. 1.8. Bondi —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 Price or the Contract Times, issued on or after the Effective Date of the Agreement 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bounds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERA.. CONDITIONS 1910.8 (1 M Edtim) w/ CITY OF FORT COLLIM MODIFICATIONS (REV a2000) same are more specifically identified in the Agreement together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEERS written interpretations and clarifications issued pursuant to paragraphs3.5, 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 repair and drawings referred to in paragraphs 4.2.1 and 4.2 2 are not Contract Documents. LIL Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times -rho numbers of days or the dates stated in the Agreement: O to achieve Substantial Completion, and (n) to complete the Work so that it is ready for final payment as evidenced by ENGfNEER's written recommerdation of final payment in accordance with paragraph 14.13. 1.13. COMTRAICTOR—The person, firm or corporation with whom OWNER has entered into the Agreement 1,14, defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope. extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENG VEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined L16. Effecrve Date of the .4givement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreem exit. 1.I& EVGLVEER's Consultant —A person. fum or corporation having a contract with ENGINiEER to furnish services as ENGINEER's independent professional associate or consuttant with respect to the Project and who is identified as such in the Supplementary Conditions 1.19. Field Order —A writttm order issued by ENGINEER which orders mirror changes in the Work in accordance with paragraph 9.5but which does not involve a change in the Contract Price or the Contract Times. 120, General Requirements —Sections of Division I of the Specifications. 121. Hazardous Wciste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 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 having jurisdiction 122.b. Legal Holidays--shall be those holidays observed by the Ciry of Fort Courts 1.23. Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. ,Nilesrane•-A principal event specified in the Contract Documrnis re tug to an intermediate completion date or time prior toSubstantial Completion of all the Work: 1.25. Notice ofAward--A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OW I ER will sign and deliver the Agreemem 1.26. Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEERR) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleuan—Petroleum, including crude oil or any fi action thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil; petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils, 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents, 1.32.a. Radioactive 6laterial-Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of E)CDC OENUtAL CONDIT10M 1910-8 (19,90 E(fitim) at CITY OF FORT OOLLIrZ MODIFICATIONS (REV •Itt000) 1954 (42 USC Section 2011 et 'seq.) as amended from time to time. 1.32.b. Regular Noridne Hours -Regular working hours are defined as 7:00am to 6;00on unless otherwise specified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Strop Drawings -All drawings,. diagrams, illustrations, schedules and other data or information which are ssppeecifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some potion of the Work. 1.36. Spechcations—'those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as .applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firth or corporation having a direct contract with,CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1,38. Substantial Completion —The Wark (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued. when the Work is complete and ready for final payment as ewidenced by ENGINEER's.written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 1.39. Supplementary. Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier A manufacturer, fabricator, suppler, distributor, materialman or vendor havin g a direct contract with CONTRACTOR or with any Subcontractor to famish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Utulerground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks; tunnels or other such facilities or attachments, and any encasements containing such facilities whick'heve been installed underground to furnish any of the following services or materials: electricity, gases, steam. liquid petroleum products, telephone or other communications, cable television sewage and drainage removal. traffic or other. control systems or water. 1.42. Uidr Price Work —Work to be paid for on the basis of unit prices. 1.43. Work —The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing tabor and f uTd*ng and incorporating materials and equipment into the construction and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. {York Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition deletion or revision in the Work or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragmph 6.23. A Work Change Directive will not change the Contract Rice or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2 1.45. I4iftten Amenantent—A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengincering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELLVQNARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents ? 2 OW � IER shall f mush to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be. famished. upon request, at the cost of reproduction Commencement of Contract Times; Notice to Proceed• 2.3. The Contract Times will commence to rim on the thirtieth day after the Effective Date of the Agreement. or, EXWrjENMLALL CONDMOM 1910-3 090 Edtim) w/ QTY OF FORT COLIAM \MODIFICATIONS (REV 42000) 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 th rty days after the Effective Date of the Agreement. I_ _te� ..:n ,a._ Gentmat T:.,,._ e�Bid-opexngoFt}te-thatiedr�sy-after-tho-btfcetivo-Bete e€ thz eemerA, w•hiehever-date-iseerlier. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to nun, but no Work shall be darer at the site prior to the date on which the Contract Times commence to nun Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures. shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR. may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any ,iilestones specified in the Contract Documents. 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal: 2.6.2.1. In no case will a schedule be acccotable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR And QUIPMR shall teeh deliver to the edtnF OWNE with copies to . identified in the SupplementaFy Gondi6o ENGINEER certificates of irmrance (and other evidence of insurance realer (y-FeRuested by OWNER) which CONTRACTO[� is required to purchase and maintain in accordance with paragraphs 5.4-344nd-54. Preconstruction Conference., 2.8. Within twenty days after the Contract Times start to run, but before any Wort: at the site is started a conference attended by CONTRACTOR ENGINEER and others as appropriate will be held to establish a working urckrstaralmg among the parties as to the Work and to - discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Scheduler 2.9. Unless otherwise provided in the Contract. Documents, at leaA Wn days befefe submisgion eFthe _ App�iseFien-fe�Reyment before any work at the site begins a conference attended by CONTRACTOR, ENGINEER and others as pprep designated by 01VNF,R will be, held to rev iCw oraf acceptability to ENGINEER is provided below the schedules submitted in accordance with paragraph2.6. and Division I - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUNIFANTS: ]INTENT, A HWI)ING, REUSE Intent 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work The Contract Documents are complementary; what is calledfor by one is as binding as if called for by all The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to E)CDC GENERAL CONDITIONS 1910-9 (1990 EMM) w•/ CITY OF FORT COLLI S MODIFICATIONS (REV -1/2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to dandarair and Speclfrcadons of Technical Societies,• Reporting and Resohing Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or nssociatibn, of to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents 3.3.2. IC during the performance of the Work, CONTRACTOR discovers any conflict error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, and CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragmph 3.5 or 3.6; provided however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. - - 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6. the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents), or 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. 10/20/07 Section 00100 Page 1 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGTI LEER or any of ENGINEER'S Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required', "as allowed", "as approved" or terms of like effect or import are used or the adjectives 'reasonable', "suitable', "acceptable", "proper" or "satisfactory' or adjectives of like effect or import are used to describe a requirement direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general. the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duly or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. .amending and Supplementing COnDD ael Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terns aryl conditions thereof in one or more of the following ways: 35.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to. paragraph 10.4), or E1CDc GENERA. CONDITfoNs 1910-3 (1990 E(6iim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 40000) 3.5.3, a Work Change Directive (pursuant to paragaph 10.1). 3.6. In arklition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6. 1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGUEEk's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse ofDocuments: 3.7. CONTRACTOR, and arry Subcontractor or Supplier or other pawn or organization performing or furnishing any of the Work under a direct or indirect conrhet with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse arty of such Drawings, Specifications, other documents or copies on c,%tensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE AtND PHYSICAL: CONDITIONS; REFERENCE POINTS AvaUaMty of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Etparreesoraabli-wFiFtertfeq�aest; StaF2m2RFOf-f260fd-legal-EIFI2-and-ligai-d25EftpFR3fff)1-t112 lands-ttpoft-whiclt-Eha-Woflris-to-Iii-p2efermatHaad 9WA3EA'¢irfEirest-E}tereirras-neeissary�forgrviny noEiei of-of-fi{irg-a-rate«;Fa+tries-liitr-egeiftst-suehrlands-in OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lards so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for pcnmanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER unless otherwise provided in the Contract Documents If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, HFhtsof- way or easements. CONTRACTOR may make a claim therefor as provided in Articles I and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Condtions• 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to, the site. (except Underground Facilities) that have been. utilized by ENGINEER in prepariag'the.Contract Documents. 4. `.2. Limited Reliance by CONTRACTOR Authorize& Technical Data: CONTRACTOR may rely upon the geneml accuracy of the "technical data' contained in such reports and drawings, but such reports and drawings, are not Contract Documents Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data% CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENG(NEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including" but not limited to, am/ aspects of the means, methods, techniques; sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.22.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information 4.2.3. Notice of Differing Subnnface or Physical Condtions. If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either. 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 42.1 and 4.2.2 is materially inaccurate, or 4.2.32. is of such a nature as to require a change in the Contract Documents or 4.2.3.3. differs materially from that shown or VCDC OENMAL CONDITIONS 1910.8 (1990 E(lilim) col CITY OF FORT COLLIM h10DIFICAMNS (REV-1P000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, prerttptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGLVPER'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 ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3. a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Ac§ustr?MWS. r An equitable adjustment in the Contract Price or in the Comma Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance oti 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 4.23.1 through 4.2.3.4, inclusive; 4.2.62. a change in the Contend Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragaphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contend Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Cantina Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such fuel commitmenr; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 42.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or IcnQth of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles I and 12. However, OWNER, ENGINEER and ENG[NEERs Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3. Physical Condtions—Underground Facilities 4.3.1. Showrr or lndcated• The information and data. shown or indicated in the Contract Documents with respect to andaing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 43.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iu) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.32. 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 sham 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 paragraph 6.23). identify the owner of such Underground Facility and EJCDC OENMAL CONDITIONS 19 cos (199a Ediiim) w/ CITy OF FORT COLUM MODIFICATIONS (REV 42000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the eAcM 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 World 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 gaph6.20. CONTRACTOR � 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 am unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Tunes, CONTRACTOR may make a claim therefor as provided in Articles 1 I and 12. However, OWNER, ENGINEER and ENGi14aR's Consultants shall not be liable to CONTRACTOR for any claims costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEEWs 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 last 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. .4bestos, PCBs, Petroleum, Fla;ardous {Paste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos,. PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 1.5 21 G N[-'FF4a6'F9R3-shslF+ntmt1diatAyi 0)swpa(! regtrved-petmits-relateet�thffRo-mtd-de4tvered-Fo that such condition And any aff�ctod area is of has bee M of CONTRO-OTOR cannot agree as to-entitlementte-or Werlrsteppege-eFsuch-special-"ditionsundeFwhish' :.a__ I _A I1 thffefi)F as provided i at D......Ia1aW 1111[�v�t�[�*Co'Oa—sMli ox—i(�Ctttmify—R . ..... humless 6 vnhwtorsc nlTisars�diractor�ampl©yaas�—agents,—ethar omsultants-m subcon[mstors--o�aach-and-eny-of t}tem-from-end-agairet-aRl--e4auns,-cost�losse�end demagas-wising-art-oFoFr�m#img-frmu-sash oe*- mble to bodily m1�5 inchding-Elio-loss-o�usa-rasuRFing-iharaGotn--and (ii}noEhir>;-irrt}ris-sabpersgraph-4-5:4ehelF-obtigaEe oK'�i6R2-te-indamr;ify-any-parstxe-or-anLity�herlFand em meglegenee: 4.�.�. TI...WA � 1 .. t OF rOWAIM at the q6te. E)CDC GENERA. CONDITIONS I910-8 (1990 E(fitim) wl CITY OF FORT COLLINS MODIFICATIONS (REV 411000) ARTICLE 5-BONDS AND LNSUR NCE Performance,. Payment and Other Bonds: M. CONTRACTOR shall famish 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 fatal payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be at 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. Holdmq Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Stall: Bureau of Government Financial Operations, U.S. Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond famished by CONTRACTOR is declared a bani:rupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 5.3. Licensed Sureties and lnsarers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or hwmnce companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or irmrance policies for the IimiLs and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be .provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER with copies to each additional insured identified in the Supplementary Conditions; certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER -shall tllR�I�aI!�11i/ Y CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, arty Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under waken' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTR4CTORN employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; :4:�—aleirnsr-feFciamegn—inwrad—by--eustomrery othmef reagem 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER ENGINEER, ENGWEER's Consultants and arty other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations insurance; EXT)C GENERAL CONDITIONS 1910 8 (1990 Edtim) wl CITY OF FORT COLLIM MODIFICATIONS (REV,12000) 5.4.[0, include contractual liability insurance covering CONTR4CTORs indemnity obligations under paragaphs 6.l2, 6.16 anrl_6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded•wdl not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional it=cd identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 53.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTORmay be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OTMER's Liability Insurance. 5.5. in addition to insurance required to be provided by CONTRACTOR under paragraph5.4. OWNER, at OWNER'S option, may purchase and maintain at OWNER's expense OW NER's own liability insurance as will protect OWNER against claims which may arise from operations under the Commet Documents. Property Insurance >6.—LTnl�a-otFtrrwisa-provided-irFtlta$uppktnantery 6oidnncvrs—�'`�3�-5ltaii—paf6: ^'mac —in" is'�ni@him@tR e a! the Oita in the affie"" of--tlta-full-repktceimrnt-cost-tharaot-(subjzGt-Fo-shush dothtctible--a..,�,to.ts-c�tnay-for-provided--ia-tha SuppkmeNary-6arditiom-oe-regttired-by-hews-and Raguletiens).-This-uvstFrnncushell� Sb-l—�neltttl� 6'-w—uNercao�.` BVFx ibl� entities-identified-in-tha Supplementary-Et�nditions; eaehoEwfrum-is-eleemcvl-to-hevtan inswable-irmerest andshell-be-lisFadasarrirnsurecfor-addiFionaFvmtiZrrxdE T6 2-1 rwritterron a Builder's EelHr sk=oe ph��69 low An" Wed. rA eas ti Wowingr- r e& fire lightingii?aended oeceiAgo. theme Yondalisnt And-- 4isiote mischia€ SJ.�: �1rlCitlE�e--�f721i9<5-NIP. W T2d-ML--f �le-rEp8it-Ot replesamant o€AAy n�tfad Pfap ES`Fulsltldvg lxlE act afdIiteets} or-s[-Another-leeatier�thet-We%A�eed'te-ufwrvtm8'by nr i �a 13Y 62 iHi6ER. a.- est-urttiwmffl--paymeF" thirty -days! -Waitten--setieo-t�eash--etlxr'-additi<inal issued. l{M1.\i�i.DITIIl1flJ.1!�T.11!!.t!!!R�R!!IP.!!11.17+1f �_• i_N. �.Yi• YYI �• .............. _ Aim • :._ .._ _. .. ii meilve mdby 8 ie eeserdaneo-Witlrperegrap4ls i6 cov ba-6MOBili'd--OF-}11AWFisiiy chengad oFrar>aWAI-rafused-until-Ab-{aasi-fhlrty-dAys-pflor written--na(ice-has-been-given tom VA41.� rand W hem-a-fc'R1{IfAFa9f-lnaAninfa-hA9-b0dFt-ISBAAd-And-ll'iil roAteAt--Wetve�prowstons—in Afsotdetwo with 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in identified conditions—'ruts-nslt-of such- oe and -if -arty-of-them-W'is}xs-property-insumn a eewern},•e-within-dta-kimitroF such-AmuunF�-cech-m sy purchaso4nd-mnintain-4at-th"rch9saes-owrwttp rase. S.i(). t 60NFRAGFOR-fequests-ir writitp,-that Atha ChWISO order er WFiRM--AMARGIinent: Ffie o E)MC GENERAL CONDITIONS 1910-8 (1990 edtim) 10 a•/CITY OF FORT COLLINS MODIFICATIONS(REVdr1000) agAtASF C-0- pRAG QJR- AWentractom and the offioefs dlreoEOrs employees end -Agents -of -any -Of thaEA-fOf? of -use._. '^I.n -1 oss-axiendiig beyond-drect- physical -loss -eFdAmago-to flfi5ifig-OFIEO�OFfa$kliFtfl¢ffOEn-f1fc�OFeFheFpefti; W hethnE ef-noE-trtsttfad-by-9�4�FfsR=Aad 5rl-1.11 ;ess--or-damage-to-thi>-completad resAltit�-GAta-hm-or-ethifirisuretl-peril-covered during—partial—utili'...�,:.—pursuAn�te paes•,�ApFr-f4: F0,-eAer�Snbstantia(-Eumpietnm purstAtnbto-pamgruph-f4:8-c>FeAef-titut6paymaat Receipt andAppGcation of Insurance Proceeds: 5.12. Any 'insured loss under the policies of insurance required by pavragraphs5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph5.13. OWNER shall deposit in a separate account any money so receivect. 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 moncys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. SA3. OWNER as fiduciary shall have power to adjust and -settle any Ins with the insurers unless one of the panties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parries 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 Acceptance of Bonds and Insurance; Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or Other provisions of the Bends-oF insurance required to be purchased and maintained by the other pany CONTRACTOR in accordance with Article 5 on the sis of nonconformance with the Contract Documents, the objecting therperty OWNER will notify CONTRACTOR in writing within tan es. days after CONTRACTOR deli of the ceruhcates (oFetheF-evidenee requested) to OWNER as required by paragraph 2.7. other-such-add4itxtaF-infeFntetion-in-respeot-of- nsufanca Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 1910 8 (1990 Edtim) w7 CITY OF FORT COLLIM MODIFICATIONS (REV A2000) Completion of all the Work. such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Supervision and S} perintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and e•�ressly required by the Contract Documents. CONTRACTOR shall be responsible to sce that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as ifgiven to CONTRACTOR - Labor. Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good disci line and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday. Sunday or any legal holiday without OWNER's written consent given alter prior written notice to ENGINEER CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in .advance of any Work to be performed on Saturday. Sunday. Holidays or outside the Regular Working Hours. 6.4. Unless otherwise specified in the General contains or is followed by words reading that no like: Requirements, CONTRACTOR shall fianish and assume equivalentor"or-equal" item or no substitution is full responsibility for all materials, equipment, labor, permitted, other items of material or equipment or transportation, construction equipment and machinery, material or equipment of other Suppliers may be tools, appliances, fuel power, light, heat, telephone, water, accepted by ENGINEER under the following sanitary facilities, temporary facilities and all other circumstances: facilities. and incidentals necessary for the. furnishing, performance, testing, start-up and completion of the Work. 6.7.1.1. 'Ur -Equal". If in ENGINEER's sole discretion an Item of material or equipment 6.4.1. Purchasing Restrictiorts: CONTRACTOR proposed by CONTRACTOR is functionally must comply with the City's purchasing restrictions. A equal to that named and sufficiently similar so that copy of the resolutions are available for review in the no change in related Work will be required, it may offices of the Ptrrchasui and Risk Management be considered by ENGINEER as an "or al" Division or the City Clerkso MCC. item, in which case review and approval of the proposed item may, in ENGINEER's sole 6.4.2. Cement Restrictions: City of Fort Collins discretion, be accomplished without compliance Resolution 91-121 requires that suppliersandproducers with some or all of the requirements for of cement or products containing cement to certify that acceptance of proposed substitute items. the Cement was not made in cement kilns that bum 6.7.1.2. Substitute Items: If in ENGINEER's sole hazardous waste as a fuel. discretion an item of material or equipment proposed by CONTRACTOR does not qua i as 63. All materials and equipment 'shall be of goad an "or -equal" item under subpaiagmph 6.7.1.1, it quality and new, except as otherwise provided in the will be considered a proposed substitute item. Contract Documents. All warranties and guarantees CONTRACTOR shall submit sufficient specifically called for by the Specifications shall expressly information as provided below to allow nun to the bcrnefnt of OWNER. If required by ENGINEER, ENGINEER to determine that the item of material CONTRACTOR shall furnish satisfactory evidence or equipment proposed is essentially equivalent to (including reports of required tests) as to the kind and that named and an acceptable substitute therefor. quality of materials and equipment. All materials and The procedure for review by the ENGINEER will equipment shall be applied, instilled, connected, erected, include the following as supplemented in the used, cleaned and conditioned in accordance with - General Requirements and as ENGINEER may instructions of the applicable Supplier, except as otherwise decide is appropriate under the circumstances. provided inthe Contract Documents. Requests for review of proposed substitute items of material or equipment will not be accepted by ProgrewSchedu[e• ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to 6.6. CONTRACTOR shall adhere to the progress famish or use a substitute item of material or schedule established in accordance with paragraph 2.9 as it equipment CONTRACTOR shall fins make may be adjusted from time to time as provided below: written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will 6.6.1. CONTRACTOR shall submit to ENGINEER perform adequately the functions and achieve the for acceptance (to the extent indicated in results called for by the general design, be similar paragraph 2.9) proposed adjustments in the progress in substance to that specified and be suited to the schedule that will not change the Contract Times (or same use as that specified The application will Milestones). Such adjustments will conform generally state the extent, if any, to which the evaluation to the progress schedule then in effect and additionally and acceptance of the proposed substitute will will comply with any provisions of the General prejudice CONTRACTOR's achievement of Requirements applicable thereto. Substantial Completion on time, whether or not acceptance of the substitute for use in the Work 6.6.2. .Proposed adjustments in the progress schedule will require a change in any of the Contract that will change the Contract Times (or .Vfilestones) Documents (or in the provisions of any other shall be submitted in accordance with the requirements direct contract with OWNER for work on the of paragraph 12.1. Such adjustments may only be Project) to adapt the design to the proposed made by a Charge Order or Written Amendment in substitute and whether or not incorporation or use accordance with Article 12 of the substitute in connection with the Work is subject to payment of any license fee or royalty. 6.7. Subsiirutes and "Or -Equal" Items: All variations of the proposed substitute from that specified will be identified in the application and 6.7.1. Whenever an item of material or equipment is available maintenance. repair and replacement specified or described in the Contract Documents by service will be indicated The application will using the name of a proprietary item or the name of a also contain an itemized estimate of all casts or particular Supplier, the speciftcation.or description is credits that will result directly or indirectly from intended to establish the type, function and quality acceptance of such substitute including costs of required. Unless the specification or description redesign and claims of other contractors affected EJCDC GENEFUL COND1TI OM 1910-8 (1990 E(itim) 12 w/ CITY OF FORT COLLIhSIMODIFICATIONS(REV 4R000) by the resulting change, all of which will be considered by ENGINEER in evaluating the pr sect substitute. ENGINEER may rcquge CO�RACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CONMCTOR's Expose: All data to be provided by CONTRACTOR in support of any proposed "orequal' or substitute item will be at CONTRACTOR's eepcnse. 6.7.2. Substitute Comirtuction Methods or Procedures: If a specific means, method technique. sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGNEER will be similar to that provided in subparagraph 6-7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No 'orequal' or substitute will be ordered, installed or utilized without ENGNEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to burnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "orequal' or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1 2 and 6.72 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTR,\CTOR CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 68. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indurated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EXI)C dENERAL CONDITI ONS 19 nos (1 990 Eftan). ai CITY OF FORT COLLIM MODIFICATIONS (REV 4!l000) 6_9. CONTRACTOR shall perform not less than 20 percent of the Work with its own faces (that is, without subcontracting). The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 Percent of the Contract Rice. 6.8.2.fElw-SupplataartEet-6ortditrerls Bid Documents require the identity of certain Subcontractors. Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, —an" ReeffdAnge with the 06VNER's or ENGINEER's acceptance (either in writing or by railing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of arty -such Subcontractor-, S or RNWNN.EK. - No acceptance try VWiNLsK or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONT'RACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor, supplier or other person or organization evidence of amounts Paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 13 6.91 CONTRACTOR shall be solely responsible for scheduling and caordinatirg the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11, All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. u,�._,",«..... ,.... such ageemen PGFftgMPhs5.6 ef < 1 the a&H6MefV1 between .L� GG't4- GTOR-and-the-tSnbeenraeter-or SuppliaFwia ?r Supplier mused b5� arisueg-eu iE'ef Of resulting from any of tha--.:a:,t—F�Elw=usurars-on-erny-:�IcM-pepisias-ragttira Su"Ii.._, Grown GTOR will ebta, the Patent Fees and Rgyalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWI EEP, ENGINEER, ENGLNEER's Consultants and the Officers, directcs, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infiingemcnl 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 VCDCOENERADI L CONDITIONS 1910-8 (1990 Edtim) a/ CITY OF FORT CDLLI15 MODIFICATIONS (REV 4,1000) Permits 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obta n anal pay for all construction permits and licenses. OWNER'shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening.of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations. 6.14.L CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall riot be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACCOR's obligations under paragraph 3.3.2. Taxes 6.15, CONTRACTOR shall pay all sales, consumer, use and other similar takes 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 tares on materials to be permanentiv incorporated into the proiect. Said taxes shall not be included in the Comma Price. CONTRACTOR must apply foe 'and receive, a Certificate of Exemption Cram the Colorado D,�artrnent of Revenue for construction materials to be physically incorporated into the project This Certification of Exemption provides that the CONTRACTOR shall neither pay nor include in his Bid Sales and Use Taxes on those building and construction .materials physically incorporated into the project. Address: Colorado Department of Revenue State Capital Annex Q 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that 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. 10/20/07 Section 00100 Page 2 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado Rewonal Ttansoortation District (TD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials Physically incorporated into the proiect ere to be paid by CONTRACTOR and are to be included in aporopr ate bid items. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-ofway, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR stall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of arry adjacent land or areas, resulting from the performance of the Work Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall pr6mpdv settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest meant permitted by Laws and Regulations, indemnify and (told handless OWNER. ENGINEER ENGTNEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs. losses and damages arising out of or resulting from any claim or action legal or equitable, brought by any such owner or occupant against OWNER ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work 6.17. During the progress of the Work CONTRACTOR shall keep the premises free from accumulations of waste materials. rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work- or adjacent property to stresses or pressures that wiII endanger it. Record Documents: ErcoccENERu. coNDlnor-s 19im (im Edtidn) w/ CITY OF FORT COLLINS MOMFICATIONS (REV 42000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amcndmeras, Change Orders, Work Change Directives. Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during, construction. These record documents together with all approved Samples and a counterpart of all. approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents Samples and Shop Drawings will be delivered to ENGINEER for OWNER Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating mamtawmg and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of: and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements. roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of.adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protections, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 62Q2 or 6.20.3 caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGEVEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may N liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or a ty Subcontractor. Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shag continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safay 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. HazardCommanicahon Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available. to or exchanged between or among. employers at the site in accordance with laws or Regulations. Emergencies 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR without special instructionor authorization from OWNER or ENGINEER is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24, Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions. specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by parngmph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EJCDCOENBRAL CONDITION51910-9 (1990 E(fitim) 16 wJ CITY OF FORT OOLLI NSMOOtncAnONS(REV V-1000) Purposes required by paragraph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25 Submided Procedures: 6.25.1. Before submitting each Shop Drawing or Sample. CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the. Comma Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal: and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by pamgmph 2.9. ENGINEER's review and approval will beonly to determine if the items covered by the submittals will, after installation or incorporation in the Work; conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGfNEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENG iMER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph2.9. any related Work performed prior to ENGIiNEER's review and approval of the Pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Condnuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 13.5 or as OWNER and CONTRACTOR may otherwise agree it writing. 630. CONMICTOR's General Narranry and Guarantee.: 6.30.1..CONTRACTOR warrants and guarantees to OWNER ENGINEER. and ENGUEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRAC'TOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EICDC GENER.at, CONDITIOFIs 19 tots (I M E(fitim) a/ CITY OF FORT COLLIM MODIFICATIONS (REV.1/2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6: any review and approval of a Shop Drawing or Sample submittal or theissuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7, any inspection, test or approval by others; or 6.30.2.8. any correction of ilzfective Work by OWNER. lndemnifcation: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER ENGINEER. ENGINEER's Consultants. and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers; architects, attorneys and other professionals and all court or arbitration or other dispute resolution casts) caused by, arising out of or resulting From the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itsell), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any ncghgent 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 par by airy negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims agairist OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or famish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or otherperson or organization under workers' compensation acts, disability benefit acts or other employee benefit acts 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGQIEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. SuMiW of ObUgadenr 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents will survive final payment, completion and acceptanceof the Work and termination or completion of the Agreement. ARTICLE 7-OTHER WORK Related {York at Site: 7.1, OWNER may perform other work related to the project at the site by OWNER's own foes, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utifiry owners. If the fact that such other wok is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EJCDQt C (JENAL CONDITIONS 1910-8 (1990 editim) IS ca/ CITY OF FORT COLLIMNIODiFICATIONS(REV •12000) provisions for the benefit of CONTRACTOR in said direct contracts between.OWNER and such utility owners and other contractors 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such .other work and promptly report. to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or normpparent defects and deficiencies in such other work. Coordnation: 7.4. If OWNER contracts with others for the performance of other wok on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm,or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified, 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized: and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8-OWir'ER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEEZ. 8.2, In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer apinst whotr60N-A ACFOR-make rarreewrmbla-ebjectit,m whose status under the Contend Documents shall be that of the former ENGINEER 8.3. OWNER shall fomish the data required of OWNER under the Contract Documents promptly. and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OkViNTERs duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragmphs4.1 and 4.4. paragraph4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents fortk•+riperasgaPhs-S-Sthreugh3-FF} 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNERs responsibility in respect of certain inspections. tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, me paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Radiceetive-Materials-uAeevered-or-ravealed -at-the-sk" aFrangaFnants—heva—baetr FtFede—Fo-satisf}- 9K�NER's rasponsibiliFy tit raspzet FlFereoFwtll be os seF toah w Fha Stnpplantantery-6otndttiet+s- ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the Imitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and M�GINTEER Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropnate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EXiX OENER.V. CONDMON81910-8 (1 M EMM) w/ CRY OF FORT COLLINS MODIFICATIONS (REV 42000) that has been made and the quality of the'various aspects of CON" TRACTOR's executed Work. Based on information obtained during such visits and observations. ENGMER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or tlttantity of the Work. ENGINEER' efforts will be directed toward providing for.OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGMI ER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9:13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of . CONTRACTOR's Wok ENGINEER will not supervise, direct, control or have authority over or be responsible for CONEPACTOR's means, methods, techniques, sequences or procedures of construction. or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the f n-nnsmng or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGMER 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 paragmphs9.3 and 9.13 and in .r,_ Suppl._.,..,..... Conditions of these General Conditions. If OW- NER designates another representative or agent to represent OWNER at the site who is not ENGINNEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in &911 of these General Conditions If the ENGMER furnishes a Resident Proiect Representative (RPR) or other assistant., or if the OWNER designates a Representative or agent all as provided in uaragraph 9.3 of the General Conditions. these Representatives shall have the nuthoryy and limitations as provided in paragraph 9.13 of the General Conditions and shall be subject to the following: 931 The Representatives dealings in matters pertaining to the on-sitz wort: will, in general, be with the ENGMER and CONTRACTOR But. the Representative will keep the OWNER properly advised about such matters. The Representative's dtalim.s with subcontractors will only be through or with the full knowledge and approval oC the CONTRACTOR 93 2 Duties and Responsibilities Reocsentative will: 9321 Sdtedules - Review the progress 19. schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9.3.2.2. Conferences -and Meeting, - Attend meetin¢ with the CONTRACTOR such as preeonstruction conferences, protress meeting and other iob conferences and prepare and circulate conies of minutes of meetings, 93.2.3. Liaison 9.3.2.3.1. Serve as ENGINEERS liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents 9.3.2.3.2. Assist in obtaining from OWNER additional details or information when. required. for proper execution of the Work. 9.3.2.33, Advise the ENGINI EER and CONTRACTOR. of .the commencement of arty Work requiring a Shop Dmwing or sample submission if the submission has not bccn apmvcd by the ENGINEER 9.3.2.4.Review of Work Rejection of Defective Work, Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is procceding in accordance with the Contract Documents. 9.3.1.4.3. Accompanv visiting inspectors representing public or other agencies having iurisdiction over the Proiem record the results of these inspections and report to the ENGINEER 9.3.2.5. Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and inteRxetation of the Contract' Documents as issued by the gu"JU3at1 9.3.2.6. Modifications. Consider and evaluate CONTRACTORS suggestions for EJcoc aENEFLAl. CONDITIONS t 9 tos (1990 E(fitim) 20 caI CITY OF FORT COLLINS MODIFICATIONS (REV 4r000) modification in Drawings of Specifications and renort these recommendations to ENGINEER. Accurately transmit to CONTRACTOR decisions ssuetl by the ENGINEER 9.3.2.T. Records. 9.3.2.8.1. Furnish ENGINEER periodic reports. is required. of the progress of the Work and of the CONTRACTOR'S cpp oliance with the prot¢us schedule and schedule of shop Drawing and sample submittals. 9.3-2.8.2. Consult with ENMUR in advance of scheduting_mnior testa ins or start of imporartt phases of [the Work 9.3.2.8.3. Dmft proposed Chance Orders and Work Directive Changes, obtaining backup material from the CONTRACTOR and recommend [o ENGINEER Change Orders, Work Drectivc Chanties and field orders 9.3.2.8.4. Report immediately to ENGINEER and OWNER the occurrence of any accident. 9.3.2.9. Payment Requests. Review applications for payment with CONTRACTOR for compliance with the- established procedure for thew submission and forward with recommendation to ENGT`LEER noti a particularly the relationship of the psiyment rewested m the schedule of value work completed and materials and equipment delivered at the site but not incorporated m the Work 9.3.2.10. Completion. 932.10.1 Before ENGINEER issues a Certificate of Substantial Completion. submit to CONTRACTOR a list of observed items requiring correction or completion 932.10.2. Conduct final inspection in the compariv of the ENGINEER OWNER and CONTRACTOR and tp eparc a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority: The Representative shall not: 93.3.1. Authorize anv deviations from the Contract Documents or accept any substitute materials or =ipmera wiles authorized by the ENGINEER 93.32. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents 9.3.3.3. Undertake anv of the responsibilities of the CONTRACTOR Subcontractors, or CONTRACTOR'S superintendent. 9 3 3 4 Advise on, or issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures for construction unless such is syeeifieallv called for in the Contract Documents. 9.3.3.5. Advise on or issue directions cj�tisstime control over 5<afety precautions and programs in connections with the Work. 9 3 3 6 Accept Shoo Draw'inga or sample submittals from anvone other than the CONTRACTOR 9 3 3 7. Authorize OWNER to occupy the Work in whole or in part. 9.3.3.8. Parlicigate in specialized Geld or laboratory tests or inspections conducted by others except as specifically authorized by he ENGINEER Clarifications and Interpretation 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC OENERAL CONDITIONS 1910-8 (1990 Ediim) w! CITY OF FORT COLU; 6 MODIFICATIONS (REV 4(.000) requirements of the Contract Documents (in the fort of Dmwmgs or otherwise) as ENGINEER may determine necessary, whidt shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications aril interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Rice or the Contract Times and the parties are unable to agree to the amount or extent thereof if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 95. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustmem 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 justitim an adjustment in the Contract Rice or the Contract Times and the parties are unable to agree as to the amount or cxtem thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I Vor 12. Rejecting Defective {Vona: 9.6. ENGINEER will have authority to disapprove or reject Work which ENNGNEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice.the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed Shop Drawings. Change Orders and Payments 9.7. In cormection with ENGNEER's authority as to Stop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGNEERs authority as to Charge Orders, see Articles 10, 11. and 12. 9.9. In connection with ENGNEERs authority as to Applications for Payment, see Article 14. Determinations for Unit Prices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGNEERs preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR. divers to the other and to ENGINEER written notice of intention to apt from ENGNEERs 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) ifno such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may Have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Deddonson Disputes 9.11. ENGINEER will be the initial interpreter of the. requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 1 I and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a format 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 pater than thirty days) after the start of the occurrence or event giving rise thereto. and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the - submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing parry shall submit any response to ENGNEER and the claimant within thirty days after receipt of the claimant's past submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of theppposing parry's submittal, if any, in accordance with this paragraph ENGNEERs written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGNEER's decision is Liken 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 (i) if no such Dispute Resolution Agreement has been entered into, a written notice of imention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGNEER 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 2� EJCDC GENERAL CONDITIONS 1910-8(1990 E(6tim). col CITY OF FORT COLLINS MODIFICATIONS (REV 4rt000) decision, unless. otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under pam9raphs9.10 and 9.11, ENGINEER will no.show riality to: OWN1 ER or CONTRACTOR and will not be lc in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 9.13. Limitations on EVGINEER's Authority and Responsbiliver 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by. ENGINEER in goal faith either to exercise or notexercise such authority or responsibility or the undertaking, exercise or performance: of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization,.or to any surety for or employee or agent of arty of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction,. or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the fern shing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents: 9.13.3, ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Paymentand accompanying documentation and all maintenance and operating instructions schedules, gummntees Bonds and certificates of inspection,. tests and approvals and other documentation required to be delivered by poragraph 14.12 will only be to determine generally that their content complies with the requirements oL and in the case of certificates of inspectioru tests aril approvals that the results certified indicate compliance with, the Contract Documents, 9.13.5: The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGMI ER's Consultants, Resident Project Representative and assistants. ARTICLE lO-CHAYGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not regsired by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments)covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting &fective Work undo paragraph 13.14, or (iu) agreed to by the parties: 10.4.2, changes in the Contract Prix or Contract Times which are agreed to by the parties: and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to pamguph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere .to the progress schedule as provided in paragraph 6.29 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contact Documents E1CDC GENERA. CONDITIONS 1910-3 0 M Edition) w/ CITY OF FORT COLLI Ivy MODIFICATIONS QtEV 4lr000) (including, but not limited to. Contract Price or Contract Times) is required by the provisions of arty Bond to he 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 It —CHANGE OF CONT%%CI' PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall beatCONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general stature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's writtenstatement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contact Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise. agree on the amount involved. No claim for an adjustment in the Contact Price will be valid if not submitted in accordance with this paragraph 112 11.3. The value of any Work covered by a Charge 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 Contact Documents, by application of such unit prices to the quantities'of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3. inclusive): 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2): 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cast of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph. 1.6). Cott of the Work- 11.4. The term Cast of the Work means the sum of all costsnecessarily insured and paid by CONTRACTOR in the propel -performance of the Work. Except as otherwise may he agreed to in writing by OWNER: such costs shall be in amounts no higher than those prevailing in the locality of the project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1.Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall irwlude lwt [tat be limited to; salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes; workers' compensation, health and -retirement benefitsrbonuses; applicable thereto. The expenses of performing Work after regular working hours, on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof. and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNTER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER..and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, EJCDC GENERA, CON'DITIOM 1910-8(1990 Ectitim) 24 w/ CITY OF FORT COLLI,'S MODIFICATIONS (REV 42000) CONTRACTOR shall obtain competitive bids Coin 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 thattheSubcontractor is to be paid on the basis of Cost of the Work plus.a fee, the Subcontractoes Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in pargraphslIA, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental casts including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in disclorge.of duties connected with the Work. 11A.5:2. Cost, including transportation and maintenance. of all materials, supplies, equipment,. machinery, appliances, office and temporaryfacilitiesat the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11A.5.6. Losses and damages. (and related expenses) caused by damage to the Work, not compensated by insurance or othcrwise, sustained by CONTRACTOR in connection with the 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will 'be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 10/20/07 Section 00100 Page 3 performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.91 provided they have resulted from causes other than the neVigence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such lasses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. It however, any such loss or dnmage requires reconstruction and CONTRACTOR is placed in charge thereofi CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.1 11.4.5.7. The cos of utilities, fuel and sanitary facilities at the site 11.4.5.8. Minor expenses such as telegrams, tang distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall notinclude any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers. architects, estimators. attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general adm inistration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTR.ACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EXMC GENEKAL CONDITIONS 1910.8 (1990 Edfim) w/ CITY OF FORT COLLIM MODIFICATIONS (REV 4R000) 11.55. Casts due to the negligence of CONTRACTOR, any Subcointractor. or anyone directly or in&ccdy employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work di I of materials or equipment wrongly supplied aril making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOWs fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cos of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's Ice shall be fifteen percent 11.6.2.2. for costs incurred under pamgmph 11.4.3, the CONTRACTOTs fee shall be five percent: 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work Plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work:, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee et Civa percent o�thratuoutt�peid to the-ne xHowertierSubeerameter, to be neeotiated in eood faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4. 11.45 and 11.5; 11.6.2.5 the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cos will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to Gve percent of such net deercase; and 11.6.2.6. when both additions and credits are involved in any one change. the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6 2.5, inclusive. 11.7. Whenever the cos of any Work is to be 25 determined pursuant to paragraphs I1.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable toENGINEERan itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the -Work so covered to be famished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cast to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 11.8.2. CONTRACTOR's casts for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER, to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. lint Price Work- 11.9.1. Where the Contract Documents provide that all or pan of the Work is to be Unit Price Work initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an urinal Contract Price. Determinations of the manual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EJCDC GENERAL CONDITIONS I910-90 M E(btim) ?6 wJ CITY OF FORT OOLLIM MODIFICATIONS(REV 4r1000) and 11.9.3.2. , there is no conesponding adjmtmcnl with respect to any other item of Work: air! 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change auamities at OWNER'S sole discretion without aflea the Contract Price of any remaining item so lone as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12—C1b4NGE OF CONT RACT T IMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Nfilestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) alter the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimants written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Nfilestones) 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 Conlmct Times (or Mlestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. rVI time limits stated in the Contract Documents are of the essence of the Agreement 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Nfilestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12 1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, 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 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an extension of the Contract Times (or NGlestones) 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 Gable 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 @ delays caused by or within the control of the CONTRACTOR or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics; abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated byArticle 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be .given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER ENGINEER ENGINr IEERs Consultants, other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reimnable—times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract. Documents is except: 13.4.1. for inspections, tests or approvals covered by paragraph 13:5 below-, 13.4.2, that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EICDCOENEitAL CONDtnoNBlvlo-a (Ivso E(fitim) w/ CITY OF FORT COLLIM MODIFICATIONS QtEV 4/2000) below shall be pain as provided in said pamgmph 13.9, and 13.4.3. as otherwise specifically provided in the Contract Documents 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body. CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals. pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNERS and ENGINEER's acceptance of materials or equipment to be incorporated in the Work or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER it must, if requested by ENGINEER be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTR.ACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the sane and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER it must, f requested by ENGINEER be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question famishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting Cron such uncovering, exposure, observation, inspection and .testing and of satisfactory replacement or reconstruction, (including but not limited to all casts 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 theroof; 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.morease in the Contract Price or an extension of the Contract Times (or IvGlestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspectior4 testin& replacement and recontstructiom 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 I 1 and 12 OWNER May Stop the Work. 13.10. If the Work is defective, or CONTRACTOR" to supply sufficient skilled workers or suitable materials or equipment, or fads 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 or Remover[ of Defective Work,. 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed either correct all defective Work whether or not fabricated installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting From such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period- 13.12.1. If within ene-yeeF two years after the date of Substantial Completion or such longer period of time as may be prescnW by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, arty Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work or, if it has been rejected by OWNER remove it from the site and replace it with Work that is notdefective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of lass or damage, O%VNER may have the defective Work corrected or the rejected Work removed and replaced. and all claims, casts, lasses 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 13.1? 3. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work the correction period for that item may start to run from an earlier date if so provider in the Specifications' or by Written Amendment 13.12.3. Where defective Work (aid damage to other 28 EICDC GENERAL CONDITIONS 1910-9(1990 Edtim) wf CITY OF FORT COLLIN'SMODIFICATIONS (REV ar2000) 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 Eno yeaF two Year after such correction or removal and replacement has been satisfactorily completed Acceptance of Defective Work, 13.13. If, instead of requiring correction or removal and replacement of defective Work OWNER (ard, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNEWs evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of fine! payment a Change Order will be issued incorporating the necessary revisions m the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and; if the parties are unable to agree as to the amount.thereof, OWNER may make a claim therefor as provided in Article I L If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to.OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Workin 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 CONTRACIOR's services related thereto,. take possession of CONTRACTOR's tools- appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER OWNERS representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to, the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Tines (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of values. 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Prim Work will be based on the number of units completed Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month). CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and amompanicd by such supporting documentation as is required by the Contract Documents if payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials aril equipment are covered by appropriate property insurance and other arrangements to protect OWNER'S interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution lw the CONTRACTOR with securities or env arrangements involving an escrow or custodianship. BY cxecuting the atmfication for navmm form the CONTRACTOR expressly waives his riaht to the benefits of Colorado Revised Statutes Section 24-91-101. et sea. CONTP 4CTOR's Warranry of Tide. 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of.4pplieadons for Progress Payment: 14.4. ENGINEER will. within ten stays after receipt of each Application for Payment, either indicate in writing a EJCDC GENER.V. CONDITIONS 19103 (1990 Edam) w/ CITY OF FORT COLLINS MODIFICATIONS'(REV 42000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment In the latter case. CONTRACTOR may male the necessary corrections and resubmit the Application. Ten days after� ppresentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER'S on -site observations of the executed Work as an experienced and qualifitid design professional and on ENGINEER's review ot'the .AvApppplication for Payment and the accompanying data and schedules that to the best of ENGINEER's knowledge, information and belief: 14.5.). the Work has progressed to the point indicated 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER'S responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) cxxhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to IINGTNEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction. or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 143. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion. it would be incorrect to make the representations to 29. OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in ENGINEER's opinion to protect OWNER From loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.1 the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance, with. paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the everts enumerated in paragraphs.15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount remmmended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACfOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a. specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other itens entitling OWNER to a set- off against the amount recommended or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must. give CONTRACTOR immediate written notice (with a copy to ENGINEER) staring the reasons for such action and promptly pay CONTRACTOR the amoant so withheld or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWVNER's satisfaction the reasons for such action Substantial Complefirm: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Wok is substantially complete (except for items specifically fisted by CO'NTRACCOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EJCDC GENERA. CONDITIOM 19103 (1990 Edtim) 30 w/CITY OF FORT ODtLIMMODIFICATIONS(REV dl1000) considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to 'make written objection to ENGINEER as to any provisions of the certificate or attached list.I& alter wraideringsuch 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 at writing; stating the reasons therefor. If. after consideration of OWNER's objections, ENGINEER considers the Work substantially complete; ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative fist 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 cLrtiticate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGTATEER's aforesaid recommendation will be b riding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Utilization: 14.10. Use by OWNER rat OWVNER's option of any substantially completed par of the Work which: (i) has specifically been identified in the Contract Documents, or (ii)OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work may be accomplished prior to Substantial Completion of all the Wok subject to the following: 14.10.1.01VNER at any time may request CONTRACTOR in writing to permit DINER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially coonplate. 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. CONTRACTORat any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work_ Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance: with the requirements of paragraph.5.,15 in respect of property insurance. final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or drfectrve. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application forPavment 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4. certificates of inspection marked -up record documents (as provided in paragmph6.19) and other documents. CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13. (ii) consent of the surety, if any, to final payment, and (ui) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work In lieu of such releases or waivers of Liens and as approved by OWNER CONTRACTOR may furnish receipts or releases in full and affidavit of COS?RACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER'S property might in any way be responsible have been paid or otherwise satisfied if any Subcontractor or Supplier fails EXI)C GENERAL CONDITIOt 319104 (1990 Educe) wi CITY OF FORT COLLINS MODIFICATIONS (REV 4(21000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to fmalize Payment are to be submitted on forts conform in¢ to the format of the OWNER'S standard forms bound in the Proiect manual. Final Payment and Acceptance: 14.13. IT, on the basis of ENGNEER's observation of the Work during construction and final inspection, and ENGNEER's review of flu final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGNEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application Thirty days alter presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGNEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to Paragraph 17.6.2 of these General Conditions 14.14. It through no fault of CONTRACTOR. final completion of the Work is significantly delayed and if LNGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted if the remainingbalance to be held by OWNER for Work not fully completed or corrected is less than the retainarge stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims. 14.15. The making and acceptance of final payment will constitute: 14.15.1.a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens; from defective Work appearing after 31 final inspection pursuant to paragraph 14.11. from failure to comply with the. Contract Documents or the terns of any special guarantees specified therein or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or a%portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fa the date on which Work will be resumed CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attribumble to any such saspcMion if CONTRACTOR makes an approved claim therefor as provided in Articles 1 I and 12. 01145VER ,Tfay Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER: or 152.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (anal the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at thesite and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDCOENERV. CONDITIONS 19105 (1990 Edtim) 32 w/CITY'OFFORT COLLINS MODIFICATIONS(REVAR000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may dean expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs. [owes and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, casts, losses and damages incurred by OWNER will be reviewed by ENGINEER asto their reasonableness and when so approved by ENGINEER ineorpomted ih a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not, affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due COWIRACTOR by OWNER will not release CONTRACTOR 6om liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER OWNER may, without cause and without prejudice to any other right or remedy of OWNER. elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents for to the effective date of termination including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages inctrred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONTIfr1CTOR Afap Stop Work or Terminate 15.5. If: through no act or fault of CONTRACTOR. the Work is suspended for a period of more titan ninety days by OWNER or under an order of court or other. public authority, or ENGINEER fails toact on any Application for Payment within thirty days after it is submitted or OWNER fails for.thirty 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 paymtent on the same terms as provided in paragraph 15.4. In lieu of terminating theAgreement 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 stun finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles I 1 and 12 for an increase in Contract Price or Contract Times or otherwise for eepcnses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16-DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached and subject to the provisions of pamgmphs 9.10, 9.11 and 9.12. OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—INQSCELLAINEOUS Gering Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or Loa member of the firm, or to anofficer of the corporation for whom it is intended or if delivered at or sent by registered or certified mail, postage prepaid to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday, or Sunday or on a day made a legal holida by the law of the applicable jurisdiction, such day 1 be omitted from the computation. E1CDC GENERAL CONDITIONS 1910-8 (1990 Editim) w9 CITY OF. FORT COLLIDE MODIF'ICATIONS'(REV 02000) 17.22. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day - Nonce ojClaim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulative Reme(ties.• 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the wnrmraies, guarantees and obligations imposed upon CONTRACTOR by pamgmphs 6.12, 6.16, 6.30, 6,31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be concaved in any way as a limitation of; any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be aseffective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Feer and Court Corti Included: 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17 6 The laws of the State of Colorado apply to this Agreement. Reference to two pertinent Colorado statutes are as follows: 1761 Colorado Revised Statutes (CRS 8-17-101) require that Colamdo labor'be emoloved to perform the Work to the extent of not less than 80 percent (80%) of each tine or class of Tabor in the several classifications of skilled and common labor employed on the oroiect Colorado labor means any person who is a bona tide resident of the State of Colorado at the time of emDlovment. without discrimination as to race. color, aced, ace, religion or sex 1762If a claim is filed, OWNER is required by law (CRS 38-26-107) to withhold Gam all Payments to CONTRACTOR sufficient funds to insure the pxiymcnt of all claims for labor.. materials, team hire, sustemnce Provisions, Provender or other supplies used or convened by CONTRACTOR or his 33 EJCDC OENEM CONDITIONS I910 9 (1990 E�tim) 34 wf CITY OF FORT OOLUKSMODIFICATIONS(REV •1!!000)