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HomeMy WebLinkAbout441491 ALPINE DEMOLITION & RECYCLING - CONTRACT - BID - 7404 ELKS LODGE DECONSTRUCTIONdilesco !E dda DOWNTOWN DEVELOPMENT AUTHORITY � t Collins Fort Collins Elks Lodge Deconstruction Contract Documents August 2012 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. 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: • OWNER referred to in paragraph 14.5. ENG11\1ER 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 requirin.- correction or replacement, 14.7.2. the Contract Price has been reduced by Written ,intendment or Change Order, 14.7.1 OWNER has been required to correct dfaclive Work or complete Work in accordance with paragraph 13.14. or 14.7A. LNGINEF.K has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommenderi by FNGINFER because: 14.7.5. claims have been made against OWNER on account of CON'1'RACI'0R's performance or furnishing of the Work, 14,7.6. Liens have been filed in connection with the Work, except where CON'TRACI'OR has delivered it specific Bond satisfactory to M\WER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other itemts entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of tiny of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15 2.1 through 15.:.4 inclusive; but OWNER must give CONTRACTOR muriediwe written notice (with a copy to F,NGINF,F.R) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld or any adjustment thereto mead to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and FNGLNEER in waiting that the entire Work is substantially complete (except for items specifically fisted by CONTRACTOR as incomplete) and request that GNGINEER 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 dock not consider the Work substantially complete. ENGMTEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINFF.R EXDC OENMAL CONDITIONS 191 aS (1990 Etfitim) 30 w/a'ry OF FORT COLLINSMODIFICA'FIONS(ItEV4r00aj considers the Work substantially complete, ENGLNrEER will prepare and deliver to OWNE-R a tentative certificate of Substantial Completion which shall fix the dale of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. ()Wl..R shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections. ENGINEER concludes that the Wort: is not substantially complete. ENGINEER will within fourteen dacs after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNFR's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a detnitivc certificate of Substantial Completion (with a revised tentative list of items to be completed or correctcdR reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections. from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a wTittcn recommendation as to division of responsibilities pending final payment between OW'NFR and CONTRACTOR with aspect to security, operation, safety, maintenance, heal, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to F,NGINFFR's issuing the definitive certificate of Substantial Completion, ENGRNLER's aforesaid recommendation will be binding on OWNER and CO rl'RACTOR until final p ayrnent. 149. OWNER shall have the right to exclude CON -TRACTOR from the Work after the date of Substantial Completion, but OVYNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Utilization: 14.10. Use by OWivFR at 0WNF,R's option of any substantially completed pan of the Work, which: (i) has specifically been identified in the Contract DCCumenL,, or (d) OWNER, ENGIN=- and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by 0W2NER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OVNER at any time may request CONTRACTOR in writing to permit OWNER to use any, such part of the Work which OWNER believes to be ready for its intended use and substantially complete. IfCON`I*RACI'OR ogees that such part of the Wort: is substantially complete, CONTRACTOR will cenifv 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 Wort:. • 0 • CONTRACTOR at any time may notify OWNER and Es iGATEER in wrtine 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, OWIv'ER CONTRaC T0R and LNG INEER, shall make an inspection of that }cart 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 FN(iNEER 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 Wort: will be aceomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insumnce. 1•inal In.gnection: 14.11. Upon written notice from C(.)N'f RACrOR that the entire Wotk or an agreed Portion thereof is complete, ENGFNEL•R will make a final inspection with OWiv'ER and CON-I'RAC'rOR and will notify CONI'RACI'OR in writing of all particulars in which this inspection reveals that the Work is incomplete or rfj cove. CONTRACTOR shall immediately take such measures as are necessary to compictesuch work or remedy such deficiencies. FinalApplication for Pa rntenC 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of EEG VEER and delivered in accordance with the Contract Documents all maintenance and opemtirg instructions. schedules, marrantees, Bonds, certificates or other evidence of insurance required by paragraph5.4, certificates of inspection, marked -up record documents (as provided in poragraph6.19) anti other documents. CONULACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except ,is 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, (u) 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 CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be riled, and (ii)all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNnER's property might in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails E)CIX; GENERAL CONIXTIONS 1910E (1990 EdEliaU w! CITY OF FORT COLLINS \IOOIFIC.ATIO\'S (IUN,1/:000) 0 to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral sutisfactory to OWNER to indemnify OWNER against anv Lien Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNfEk'S standard forms bound in the Project manual. 1runt Pgpnent andAcceplance: 14.13. If, on the basis of ENGINTEEWs observation of the Work during construction and final inspection. and ENGINF.FR's review of the "final Application for payment and accompanying documentation as required by the Contract Documents, I-NGINFF.R is satisfied that the Work has been completed and CONTRACI'OR's other obligations under the Contract Documents have been fulfilled, INGNFRR will, within ten days after receipt of the final Application for Payment, indicate in writing 6NGNF.FR's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEFR will also give w•riren notice toOWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, FNGNFFR 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 after presentation to OWNER of the Application and accompanying documentation, in appropriate fomt and substance and with ENGINFER's recommendation and notice of acceptability, the amount recommended by ENGINEER will hccome due and will be paid by OWNER to CONTRACTOR subiect to paragraph 17.6.2 of these 'en-endCymditio 14.14..It; through no fault of CONTRACTOR final completion of the Work is sigmificantly delayed and if LIGLNEER so confirms, OWNER shill. upon receipt of CONTR\CTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due. for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in pamgmph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fidly completed aril accepted shall be submitted by CONTRACTOR to ENGINEER, with the Application for such paaymcnt. 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 a_minst CONTRACTOR except claims arisine from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14A 1. from failure to comply with the Contract Documents or the terms of ally special guarantees specified therein. or Gom CODITRACTOR's continuing obligations under the Contract Documents; and 14.15.2.A waiver of all claims by CONTRACTOR against O\VNTER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPENSION OF \PORK AND TERMINATION OIT;\'ER Alan, Suspend Work: li.l. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety clays by notice in writing to CO\°TRACTOR and F.NGINF,ER which will fix the date on which Work will be resumed. CONI'RACI'OR shell resume the Weak on the date so fixed CONTRACTOR. shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CON'I'RACfOR makes an approved claim therefor av provided in Articles I I and 12. OI6i\'/tR ,Vgav Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. S CONTRACTOR persistently tails to lxrfomt the Work um accordance with the Contact 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 paragmph2.9 as adjusted from time to tune 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 Contact Documents: OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Rc_ttlations. terminate the services of CON-TRt1CTOR- exclude CONTRACTOR from the site and take possession of the Work and of all CONI'RACTOR's tools, appliances construction equipment and machinery at the site and use the saute to the full extent thev could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EXDCULNLRAL CON'DMON5 I910-8 (1990 Edition 32 W1C1'IY OF FORTCOLLINSMODIF1CA"rIONS1RLV4P0001 CO\fRr\CtOR but which are stored elseMiere, and fmish the Work as O\V�iER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, cost& losses 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, kisses and damages exceed such mmlxtid balance. CONTR-ACTOR shall pay the dilference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to thew reasonableness and when so approved by ENGINEFR incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONfRACTOR's services have been so terminated by OWNER. the termination will not affect any rights` or remedies of O\VNFR against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON-1RACTOR from liability. 15A. Upon seven days written notice to CONTRACTOR and ENGINEFR, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. In such cave, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Document prior to the effective date or termination, including fitir and reasonable sons for overhead and profit on such Work, 15.42. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3, for all claims, costs, losses and damages incurred 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 Ices of anticipated profits or revenue or other economic loss arising out ofor resulting from such termination - CONTRACTOR Alay Stop !mark or Terminate: 15.5. K through no act or fitult of CONERACTOR the Work is suspended for a period of more than ninety days by OWNER or under an Oder of court or other public authority, or ENGMI ER fails to as on any Application for Payment within thirty days after it is submitted or OW`NF.R fails for thirty days to pay CONTRACTOR any • • 1� u • sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to CANNER and ENGINEER. and provided OWNTER or ENGINNER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if sl tiIGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OlA'NER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CO\*TRACTOR 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 l51 are not intended to preclude CONTRACTOR from making claim under Articles 1 I and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC I'OR's stopping Work as permitted by this pamgraph. ARTICLE 16—DISPUT'E RP -SOLI ITON If and to the extent that OIITIER 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 ExhibitC:GA, "Dispute Resolution Agreement', to be attached hereto and made a pan hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of puragmphs 9.10, 9.11 and 9.12, OWNUZ 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—AfISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the initividual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Contputation ofTinte: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be wmputed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the late of the applicable jurisdiction, such day will be omitted from the computation. EJCDCGESERV• CONDITIONS 1910-8 (1990 Edtim) WICITY OF FORT COLLMS \IODIF'ICATIO\S (REW •112000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day- A'otiee of Clain!, 17.3- Should OIVNER or CONTR\CTOR 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 liuble, 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 parni mph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cuniulalive Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, arxL in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6. f2, 6.16.630, 6.31 _, 6.32, 13.1, 13.12, 13.14, 14.3 and I5.2 and all of the rights and remedies available to 0WWFR and FNGINF.ER thereunder, arc in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragmph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Pees and Caurt Costs' Included: IT5. 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, attomeys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The lases of Ate State of Colorado apply to [his Aeement. Reference to two pertinent Colorado statutes are as follon•s 17.6.2. If a claim is filed OWNER is required lR law (CRS 35-26-107) to withhold from all pavments to CONTRACTOR sufficient funds to insure ihr payment of all claims for labor, materials_ team hire, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 3a E)CDCOENERALCONDITIONS I910-8(1990 Edliai) ar CITY OF FORT COLLINN MODIFICATIONS (REV drOOO) • n U 0 r� u (Phis page left blank intentionally.) • DCDC GENERAL CONDITIONS 19105 (1990 Edlimj WICnvorFORT COLLIN'S MODIFICATIONS (REV 120001 0 35 3G �O�'cENOUXLCONDMOM191osi1»oe�uani al CITY OF FORT COLLINS -XIOOIF(CA PIONS (RL'V d2000) 11 C� r � J • • 0 EXHIBIT CC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION ACRELNIENT 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 miners in question between OtfNER 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 14.1_5) 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 agrecnnentor consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction, 16.2. No demand for arbitration of any claim,dispute or other matter that is required to be retched to LNGN M initially for decision in accordance with paragraph 9.11 will fie made until the earlier of (a) the date on which ENGINEER has rendered a wHttcn decision or (b) the thirty-first day attar the parties have presented their evidence to ENGNEER if a written decision has not been rendered by ENGINF..F.R 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 ENGNTFR has rendered.a written decision in uspect thereof in accordance with paragraph 9A 1: and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being fatal and binding, upon OWNER and CONTRACTOR. If ENGINE -ER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided. in paragraph 9. l O. 16.3. Notice of the demand icu arbitration will he filed in writing with the other party to the Agreement and with the American Arbitration Association and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the dainvriay or tetiiday period specified in paragraph 16.2 his applicable, and in )ill 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 slate 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 limitauorts. FJCDC GENERAL CONDITION'S 1910.8 t1 WO Editiap w! CITY OF FORT COLLINS MODIFICATIONS (REV 9199) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Ducuments shrill include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENG[iN-EER's Consultant and the officers, directors, agents, employees or constiltants 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, and v 16.4,2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONIRACI'OR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall consumte consent to arbitration of any dispute riot specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.3. Notwithstanding paragraph 16A, if a claim, dispute or other manor in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between QWN. ER and CONTRACTOR hereunder. CONfRACTolz shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWTNTR and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEEWs Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof; and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall rust submit any and all unsettled claims, counterclaims, disputes and other_ matters at 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 Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would 'irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shallnot serve as arbitrator of such dispute unless otherwise agreed. OC-A l EJCDCGHNERALCONDITIONS 191M(In)oElliti ,) WI CITY OF FORT COLLINS MODIFICATIONS (REV 91941 GC -Al • • L • • • SECTION 00800 SUPPLEMENTARY CONDITIONS • (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 is 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. 5.0 INTERPRETATIONS AND ADDENDA. 0 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: • Geotechnical Engineering Study by Kumar & Associates, Inc., Project # 08-3-100, dated January 30, 2008. • Asbestos Abatement Monitoring Report by Walsh Environmental Scientists & Engineers LLC, Project #900055.7963.010, dated May 21, 2010 Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: None. 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 is • is • • 0 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). B. Add the following language after paragraph 5.4.13 SC-5.4.14 The Contractor shall purchase and maintain "Builder's Risk" insurance for physical loss or damage to the Work, temporary enclosures, buildings, falsework or materials in transit and shall insure against the following: fire, lightning, extended coverage, theft, vandalism, and malicious mischief; earthquake, demolition, collapse, debris removal, occasioned by the enforcement of the Rules and Regulations, water damage, and other such perils as may be required by the Supplementary Conditions. SC-5.4.15 Contractor's Builder's Risk policy shall cover materials and equipment stored at the site or at another location that was agreed to in writing by the Owner prior to being incorporated into the Work; provided that such materials and equipment have been included in an application for payment and recommended for approval by the Engineer. SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule Zero 0 days lost due to abnormal weather conditions. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application 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 % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 • (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: cc: City Clerk Contractor Project File Architect Engineer Purchasing • Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Chanqe by Change Order: Net Change by Change Order $0.00 Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: AMOUNT DUE THIS APPLICATION: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: Bv: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: $0.00 $0.00 $0.00 40 is 0 • • APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Item Month Periods Date Materials Total This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 • • • • STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period PAGE 4OF4 Installed On Hand This This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 • PROJECT MANUAL TABLE OF CONTENTS ELKS LODE DECONSTRUCTION DOWNTOWN DEVELOPMENT AUTHORITY Section No. Subject Page(s) DIVISION 1—GENERAL REQUIREMENTS 01 1100 Summary of Work............................................................................................................... 6 01 2200 Measurement and Payment................................................................................................ 3 01 31 00 Project Management and Coordination.............................................................................. 2 01 31 19 Project Meetings................................................................................................................. 4 01 32 13 Project Schedules............................................................................................................... 3 01 3300 Submittal Procedures.......................................................................................................... 7 01 5200 Temporary Construction Facilities...................................................................................... 4 01 5526 Traffic Control...................................................................................................................... 4 01 5713 Temporary Erosion and Sediment Control......................................................................... 3 01 7329 Cutting and Patching........................................................................................................... 4 01 7400 Cleaning and Waste Management......................................................................................4 01 7700 Close Out Procedures.........................................................................................................4 01 8900 Waste Removal Recycling.................................................................................................. 3 DIVISION 2—SITE WORK 0241 00 Demolition........................................................................................................................... 3 02 42 12 Deconstruction Equipment/Aids.......................................................................................... 2 • DIVISION 31—EXCAVATION AND FILL 31 2300 Excavation and Fill.............................................................................................................. 6 APPENDIX A Deconstruction Phasing Plans..........................................................................................41 APPENDIX B Salvageable Materials List..................................................................................................2 APPENDIX C Project Schedule................................................................................................................. 1 APPENDIX D Abatement Report ............................................................................................................. 12 APPENDIX E Geotechnical Report .........................................................................................................34 is June 21, 2012 END OF CONTENTS Ditesco TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 —GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 11 00 SUMMARY OF WORK SECTION 01 11 00 —SUMMARY OF WORK PART 1- GENERAL 1.1 SECTION INCLUDES A. Work covered by contract documents B. Work by Owner C. Work by others D. Contractor use of site and premises E. Work sequence F. Contractor qualifications G. Easements and right-of-way H. Protection of property I. Maintenance of traffic • J. Barricades and lights K. Salvage, recycle, reuse rights L. Regulatory requirements M. Coordination 1.2 RELATED SECTIONS A. Section 01 22 00—Measurement and Payment B. Section 01 77 00—Contract Closeout 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of this Contract consists of deconstruction and dismantling of the Downtown Development Authority's Elks Lodge building located at 140 E. Oak Street, Fort Collins, CO. Work will follow the specific deconstruction plan attached in Appendix A of this document or as modified by the deconstruction Contractor. B. Furnish all materials, equipment, supplies, and appurtenances; provide all construction equipment and tools; and perform all necessary labor and supervision. C. Perform existing material removal, salvage, recycling activities, clean up, site backfill, grading, and fine grading. D. Salvage, recycle or reuse building materials from jobsite to achieve minimum 70% landfill • diversion rate (see additive alternates). Issue for Construction 01 11 00 -1 Ditesco June 21, 2012 • 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. 8.0 LIQUIDATED DAMAGES. 0 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 -GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 01 11 00 SUMMARY OF WORK • E. Owner has designated a specific list of materials that shall be provided to individual entities; this list is attached in Appendix B of this document. The Contractor shall salvage materials identified on this list and provide to the Owner. Contractor shall load, haul and off load all materials on this list to a designated location within 4 miles of the project site. F. Coordinate the progress of the Work including coordination between trades, subcontractors, suppliers, public utilities and Owner to ensure the progress of Work. G. It is the intent of this contract that Work proceed in the most expeditious manner possible. H. The Work included in the guaranteed maximum price comprises all work completed by the Contractor to deconstruct/dismantle the Elks Lodge Building. The project includes tasks described herein and as outlined on the project plans. 1.4 WORK BY OWNER A. The Contractor will be expected to coordinate project construction activities around downtown activities that may occur during the duration of this contract. Attached to these specifications as Appendix C is a draft project schedule that outlines various downtown activities. These events may cause the Contractor to stop or delay work at any time. The Contractor shall prepare his/her work plan and price the work accordingly. 1.5 WORK BY OTHERS A. As of the date of this issuance, no other work in the direct vicinity of the Elks Lodge project is anticipated. • 1.6 CONTRACTOR USE OF SITE AND PREMISES A. Contractor shall limit his use of the premises for Work and storage, to the allowable staging space south of the building. B. Coordinate use of premises under direction of Engineer and Project Manager. C. Assume full responsibility for the protection and safekeeping of products stored on site under this Contract. D. Obtain and pay for the use of additional storage or work areas needed for operations. E. Contractor may use those areas indicated on the drawings for staging and storage and such additional areas as Engineer or Project Manager may designate. F. Contractor shall provide six (6) foot opaque perimeter fence surrounding entire construction site. 7 WORK SEQUENCE A. Construct Work in stages to allow for maximum quantity of recycled materials, following Engineer's plan as attached in Appendix A of this document or as modified by the Contractor. Provide a Detailed Work Plan for each Phase of the project and for every item of Work on the project as required in Section 01 32 13. Coordinate construction schedule and operations with the Engineer and Owner's Project Manager. B. Sequences other than those specified will be considered by Engineer, provided they afford equivalent continuity of operations. It is the intent of the Owner not to disturb the normal functions Issue for Construction 01 11 00 - 2 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 11 00 SUMMARY OF WORK of other buildings on the block, its residents and their visitors, employees, vendors, suppliers, contractors or related outside businesses during the work of this project. C. Construction services performed in accordance with the Agreement and specifications include the following: 1. Deconstruction Phase a. The deconstruction of the Elks Lodge includes a multi -stage process beginning with staging, roof demolition, high value material salvage, and adjacent property protection. b. This work will commence immediately upon issuance of Notice to Proceed. Funds for this project have been appropriated. C. The Deconstruction Phase has been broken into three additional phases. 1) First Phase Demolition includes deconstruction of the upper floor structural system, third floor shell masonry, and picking and separating of materials. 2) Second Phase Demolition includes deconstruction of the second floor structural system, second floor shell masonry, and picking and separating of materials. 3) Third Phase Demolition includes deconstruction of the basement/garden level structural system, foundation demolition, picking and separating of materials, backfill, site restoration, site cleanup and demobilization. 2. Work shall include all items incidental to completion of the project whether or not specifically called for including, but not limited to traffic control, landscape & tree protection, restoration, site repair, asphalt patching, curb, gutter and sidewalk replacement and site cleanup. • D. Contract times and completion dates. Construction services performed in accordance with the Agreement and specifications are based on the following schedules: 1. Construction Period: a. Notice -to -Proceed is anticipated August 10, 2012. The Contractor shall be substantially complete within 83 calendar days. Substantial completion is expected around November 7, 2012. The Contractor shall be finally complete within 13 calendar days of substantial completion. Final completion is expected on November 20, 2012. 1.8 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 or 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 past projects that took place in a similar downtown type area working around historical structures. 3. Contractor shall submit a list of past project that include work with a municipal owner and a similar contract delivery system. 4. 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. 5. Contractor shall submit a copy of its current Experience Modifier Rate. 6. Superintendent Qualifications: a. The Contractor's superintendent shall be a competent, experienced person • employed by the Contractor. Issue for Construction 01 11 00 - 3 Ditesco June 21.2012 TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 11 00 SUMMARY OF WORK DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION b. The Contractor shall submit the proposed superintendent's resume with the qualifications package as part of the bid documents. C. The superintendent shall be assigned to this contract full-time until the job reaches substantial completion. d. The superintendent must have completed at least 2 similar deconstruction projects in the past 5 years. He/she must have also have knowledge of the building type set to be demolished. e. The superintendent must have experience recycle/reuse process. f. The Contractor must fix at time of bidding any subcontractors proposed for this project that will perform more than 5% of the contract value. The Contractor must provide a complete list with their bid qualifications package. 1.9 EASEMENTS AND RIGHT-OF-WAY A. In general, Owner will provide full use of premises for construction of improvements. Exceptions shall be identified within the contract documents. Owner reserves the right to limit site access as required for changes in operations. B. Confine construction operations to the immediate vicinity of the location indicated on drawings and use due care in placing construction tools, equipment, excavated materials, and deconstruction materials and supplies, so as to cause the least possible damage to property and interference with traffic. fi�i[i=J;Zi�foL��IiP►[�I3JZiI7T:i1� A. Protect, shore, brace, support, and maintain underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by construction operations. Restore to their original condition, pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, sod and other surface structures affected by construction operations. C. Use new materials for replacement. D. Contractor shall be responsible for all damage to streets, roads, shoulders, ditches, embankments, culverts, location or character, which may be caused by transporting equipment, materials, or personnel to or from the Work or any site thereof, whether by him or his subcontractors. Make satisfactory and acceptable arrangements with the Owner of, or the agency or authority having jurisdiction over, any damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. Keep fire hydrants and water control valves free from obstruction and available for use at all times. G. The Contractor is responsible for erecting and maintaining a secure system for protecting adjacent properties from the Elks Lodge deconstruction. This project is a zero lot line project comprising over 40-ft tall building deconstruction. The Contractor is responsible for protecting adjacent properties from damage. Any damage caused by the Contractor's operations is the Contractor's responsibility. This includes, but is not limited to, protection of the alley infrastructure to the west, protection of the occupied building to the north, parking lot infrastructure to the south and tree and sidewalk to the east. 1.11 MAINTENANCE OF TRAFFIC Issue for Construction 01 11 00 - 4 Ditesco June 21, 2012 is • TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 —GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 11 00 SUMMARY OF WORK A. Conduct Work to interfere as little as possible with travel, whether vehicular or pedestrian. Prepare detailed traffic control plans for each portion of the project as required in Section 01 32 13 — Construction Schedules. Traffic control plans shall be prepared by a Certified Traffic Control Supervisor and submitted to the Owner for approval. 1. Whenever it is necessary to cross, close, or obstruct roads, driveways and walks, provide and maintain suitable and safe bridges, detours, or other temporary devices for accommodation of private travel. a. Provide Engineer and Owner a minimum of 48 working hours notice b. Owner is not responsible for Contractors downtime associated with failure to identify closures and comply with these requirements. B. Detour 1. Provide, as required, bridges across trenches, barricades, guardrail approaches, lights, signals, signs, and other devices necessary for protection of the Work and public safety. 1.12 BARRICADES AND LIGHTS A. Protect streets, sidewalks, parking lots and other public thoroughfares which are closed to traffic by effective barricades with acceptable warning signs B. Locate barricades at the street intersecting public thoroughfare on each side of the blocked section. C. Provide suitable barriers, signs, and lights to the extent required to adequately protect the public. • D. Provide similar warning signs and lights at obstructions such as material piles and equipment. E. Illuminate barricades and obstructions with warning lights from sunset to sunrise. F. Store materials and conduct work to cause the minimum obstruction to the Owner. G. Install and maintain barricades, signs, lights, and other protective devices in conformity with applicable statutory requirements and, as required by the City of Fort Collins. .13 SALVAGE, RECYCLE, 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 Owner retains the right to all salvaged materials from the project such as copper, steel, or any other material that may be recycled for a value. Such value will be tracked during construction and used inside the guaranteed maximum price contract to offset contractor costs in an effort to increase recycling and/or diversion rate of materials. The Contractor shall maintain a log of these salvaged items, their value and supporting receipts from reuse vendors. 1.14 REGULATORY REQUIREMENTS A. Comply with all federal, state, and local laws, regulations, codes, and ordinances applicable to the Work. • Issue for Construction 01 11 00 - 5 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 01 11 00 SUMMARY OF WORK B. Obtain and pay for all permits associated with this project including city and state demolition permits. C. Other standards and codes which apply to the Work are designated in the specifications. 1.15 COORDINATION A. Coordinate scheduling, submissions, and Work of the various Sections of specifications to assure efficient and orderly sequence of demolition of interdependent construction elements. B. Coordinate completion and clean up of Work of separate Sections. PART 2- PRODUCTS Not Used PART 3- EXECUTION Not Used END OF SECTION Issue for Construction 0111 00 - 6 Ditesco June 21, 2012 • • TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 22 00 MEASUREMENT AND PAYMENT SECTION 01 22 00 — MEASUREMENT AND PAYMENT PART 1- GENERAL 1.1 SECTION INCLUDES A. Form and content B. Sub -schedule of unit material values C. Unit Prices 1.2 REQUIREMENTS A. Submit to Engineer schedule of values allocated to various portions of Work, within 10 days after Notice of Award. B. Upon request of Engineer, support values with data which substantiate their correctness. C. Schedule of values, unless objected to by Engineer, shall be used only as basis for CONTRACTOR's Applications for Payment. D. Submit initial schedule of values in duplicate. After review by Engineer revise and resubmit as required. Submit schedule of Values with each Application for Payment, reflecting any changes. • E. Submit typed schedule on form provided by Engineer 1.3 FORM AND CONTENT A. Type schedule on 8-1/2"x11 white paper; Identify schedule with: 1. Title of project and location. 2. Project number. 3. Name and Address of CONTRACTOR. 4. Agreement designation 5. Date of submission. B. Schedule shall list installed value of component parts of Work in sufficient detail to serve as basis for computing values for progress payments during construction. C. Follow table of contents of this Construction Project Manual as format for listing component items. Identify each line item with number and title of respective major section of Specifications. D. For each major line item list sub -values of major products or operations under item. E. For various portions of Work: 1. Each item shall include directly proportional amount of CONTRACTOR's overhead and profit. 2. For items on which progress payment will be requested for stored materials, break down value into: a. Cost of materials, delivered and unloaded at site, with taxes paid. b. Total installed value. F. Sum of all values listed in schedule shall equal total Contract Price. • Issue for Construction 01 22 00 -1 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 01 22 00 MEASUREMENT AND PAYMENT 1.4 SUBSCHEDULE OF UNIT MATERIAL VALUES • A. Form of submittal shall parallel that of schedule of values, with each item identified same as line item in schedule of values. B. Unit quantity for bulk materials shall include allowance for normal waste. C. Unit values for materials shall be broken down into: 1. Cost of materials delivered and unloaded at Site, with taxes paid. 2. Installation costs, including CONTRACTOR's overhead and profit. D. Installed unit value multiplied by quantity listed shall equal cost of that item in schedule of values. 1.5 UNIT PRICE REQUIREMENTS A. Items of Work described herein are specifically listed in the Agreement for separate measurement and payment. B. No other items of Work required by Contract Documents shall be measured or paid for as a separate item, but shall be included as part of listed unit price item to which Work pertains. Failure to list all such related Work in the following descriptions of unit price items shall not invalidate this stipulation. C. CONTRACTOR shall measure unit price quantities for payment and submit to Engineer and OWNER. Bids on all unit prices specified hereunder shall be submitted as indicated on Bid Form. The • additive or deductive amount of each unit price shall represent the true value of the part of the work covered by that unit price. E. The amount of each unit price shall include: 1. The direct and indirect costs of the work so described to the CONTRACTOR. 2. Delivery to and from the site. 3. Applicable taxes. 4. Handling at the site: Including loading and unloading, placing and dumping, and storage. 5. Labor for installation and finishing. 6. CONTRACTOR's and SUBCONTRACTOR'S overhead and profit. Unit prices shall reflect the increase or decrease in cost of all work of every nature which may be affected thereby. No subsequent claims for extras by reason of the CONTRACTOR's failure to observe this requirement will be considered. G. Material and workmanship required by the unit price shall conform to the requirements of the specifications for similar items of work. 1.6 DESCRIPTION OF UNIT PRICE ITEMS A. Imported structural fill (per TON) Imported structural fill material prices shall include price to load, haul, dump, place, compact and grade fill material. The unit cost shall include providing fill material that meets R=15 material specification, clean graded, non -swelling material as approved by the Engineer. It shall include wetting and/or drying to place material to 95% of its standard proctor. Contractor shall provide is properties of the material. Issue for Construction 01 22 00 - 2 Ditesco June 21, 2012 • TECHNICAL SPECIFICATIONS DIVISION 01 -GENERAL REQUIREMENTS 01 22 00 MEASUREMENT AND PAYMENT B. Salvage Building Bricks (per 100 brick pallet / LOT) DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION Clean, palletize, secure and transport to site designated by Owner within 4 miles of jobsite. Separate brick by color (red/blonde). C. Salvage Foundation Block (per 20 block pallet / LOT) Clean, palletize, secure and transport to site designated by Owner within 4 miles of jobsite. D. Asphalt Repair (per TON) Sawcut, remove, compact subgrade, replace, compact and finish HBP as directed by the Engineer and Owner. Asphalt patching to be minimum 4-inches in depth and built according to the latest version of the Larimer County Urban Area Street Standards (LCUASS) requirements. E. Sidewalk Repair (per SF) Sawcut, remove, compact subgrade, replace, finish, cure, protect concrete sidewalk as directed by the Engineer and Owner. Sidewalk repair to be minimum 6-inches thick and constructed according to the latest version of the Larimer County Urban Area Street Standards (LCUASS) requirements. F. Concrete Pavement Repair (per SF) Sawcut, remove, compact subgrade, replace, finish, cure, protect concrete sidewalk as directed by the Engineer and Owner. Sidewalk repair to be minimum 5-inches thick and constructed • according to the latest version of the Larimer County Urban Area Street Standards (LCUASS) requirements. G. Paver Removal/Replacement (per SF) • Remove, set sand setting bed (2") over concrete pavement, reset pavers, compact and fill with polymeric sand as directed by the Owner and Engineer. H. Concrete Band (per LF) Sawcut, remove, compact subgrade, dowel, replace, finish, cure, and protect concrete bands as directed by the Engineer and Owner. Bands to be match existing conditions — 12" wide and 10" tall and constructed according to the latest version of the Larimer County Urban Area Street Standards (LCUASS) requirements. I. Bearing Wood Trusses (per EA) Remove stack -bolted wood trusses above Lodge Room, secure and transport to site designated by Owner within 4 miles of jobsite. J. 2 x 12 Wood Floor Joist (per BLF) Remove wood floor joists at various locations throughout Elks Lodge building — as directed by Owner, secure and transport to site designated by Owner within 4 miles of jobsite. Issue for Construction June 21, 2012 012200-3 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 22 00 MEASUREMENT AND PAYMENT 1.7 SHARED SAVINGS DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION A. This contract shall include shared savings of realized value from recycled or salvaged materials as outlined in Section 01 11 00, Part 1.13 B and Section 01 74 00 Part 1.4 B1. The value of the materials that are recycled or salvaged shall be proportionally split between the Owner and Contractor according to Table Al below; if the landfill diversion goals established by bid alternates are accepted into the contract and achieved during deconstruction. Table Al Landfill Diversion Goal % Shared Savings of Recycled or Salvaged Materials 90% 50% 80% 25% 70% 0% The value of shared savings will be tracked monthly, at a minimum, and submitted to the Owner and Engineer. At substantial completion, the Owner, Engineer and Contractor will reconcile the value of recycled/salvaged materials and distribute the shared savings accordingly through a contract change order. PART 2- PRODUCTS NOT USED PART 3- EXECUTION NOT USED END OF SECTION Issue for Construction 01 22 00 - 4 Ditesco June 21, 2012 • • • TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 —GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 31 00 PROJECT MANAGEMENT AND COORDINATION SECTION 01 31 00 — PROJECT MANAGEMENT AND COORDINATION PART 1- GENERAL 1.1 SECTION INCLUDES A. Coordination requirements B. Coordination of schedules C. Coordination meetings D. Coordination of contract close-out 1.2 RELATED SECTIONS A. Section 01 11 00—Summary of Work 1.3 COORDINATION REQUIREMENTS A. Conform to reference standard by date of issue current on date of Contract Documents B. Obtain copies of standards when required by Contract Documents C. Where specified reference standards conflict with Contract Documents, request clarification from isD. before proceeding D. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention )or inference otherwise in any reference document. 1.4 COORDINATION OF SCHEDULES A. Submit under provisions of Section 01 32 13 B. Coordinate schedule of deconstruction activities with Engineer and Owner. C. Coordinate schedule of deconstruction and salvage activities with subcontractors or other contractors to facilitate efficient completion of the work. Ii0ra9 WP►1111AI=114II0Eel `y A. Conduct and manage coordination meetings outside of weekly job meetings to facilitate work amongst subcontractors or other agencies utilizing the site. 1.6 COORDINATION OF CONTRACT CLOSE-OUT A. Coordinate site cleanup and demobilization activities as provided within separate Sections of this specification. B. Assemble and coordinate close out submittals as provided for in Section 01 77 00. C. Allow access to site for occupancy and correction work. Minimize disruption to the adjacent uses • and allow continued pedestrian access adjacent to the site. Issue for Construction 01 31 00-1 Ditesco June 21, 2012 . 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. 0 TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1- PRODUCTS Not Used PART 2- EXECUTION Not Used END OF SECTION DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION Issue for Construction 01 31 00 - 2 Ditesco June 21, 2012 • • r� U TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 -GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 31 19 PROJECT MEETINGS SECTION 01 31 19 —PROJECT MEETINGS PART 1- GENERAL 1.1 SECTION INCLUDES A. General requirements B. Preconstruction conference C. Detailed Work Plan meetings D. Schedule finalization meeting E. Progress meetings 1.2 RELATED SECTIONS A. Section 01 11 00—Summary of Work B. Section 01 32 13—Construction Schedules C. Section 01 33 00—Submittal Procedures D. Section 01 77 00—Close Out Procedures • 1.3 GENERAL REQUIREMENTS A. Engineer will schedule and administer pre -construction meeting, schedule punchlist walk through, weekly job progress meetings, and specially called meetings throughout the progress of the Work 1. Prepare agenda for meetings including items requested by Owner and Contractor. 2. Distribute written notice of each meeting to Owner and Contractor 4 days in advance of regularly scheduled meeting dates. 3. Contractor shall be required to attend specially called meetings as work progresses based on field observations for other currently unidentified conditions/concerns of Engineer or Owner. 4. Preside at meetings 5. Record the minutes; include all significant proceedings and decisions 6. Reproduce and distribute copies of minutes within 3 days after each meeting a. To all participants in the meetings b. To Owner C. Furnish copies of minutes to Contractor B. Owner may attend meetings. C. Representatives of contractors, subcontractors, and suppliers attending the meetings shall be qualified and authorized to act on behalf of the entity each represents 1.4 PRECONSTRUCTION CONFERENCE A. Engineer will schedule a conference within 10 days after Effective Date of Agreement. • B. Location: Downtown Development Authority Main Office Issue for Construction 01 31 19 -1 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 - GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 01 31 19 PROJECT MEETINGS C. Attendance • 1. Owner's Representative 2. Engineer and his professional consultants 3. Contractor's Superintendent 4. Major Subcontractors 5. Major Suppliers 6. Others as appropriate D. Agenda: 1. Execution of Owner - Contractor Agreement. 2. Submission of executed bonds and insurance certificates 3. Distribution of Contract Documents 4. Submission of list of subcontractors and suppliers, list of products, and progress schedule 5. Designation of personnel representing the parties in Contract and the Engineer 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, cost proposal requests, Change Orders and Contract closeout procedures. 7. Construction scheduling and updates. 8. Scheduling activities of other consultants. 9. Critical work sequencing. 10. Major material deliveries and priorities. 11. Procedures for maintaining Record Documents. 12. Use of premises a. Work and storage areas b. Owner's requirements 13. Construction facilities, controls and construction aids. 14. Temporary utilities provided by Owner. • 15. All safety and first -aid procedures are responsibility of the Contractor. 16. Security and housekeeping procedures as required by the Owner. 17. Procedures for testing. 18. Requirements for recycled products. 1.5 DETAILED WORK PLAN OR PROGRESS MEETINGS A. Contractor shall request review of detailed work plans at least 10 days prior to beginning any work on items defined within detailed work plan. B. Location: Downtown Development Authority Main Office C. Attendance 1. Owner's Representative 2. Engineer and his professional consultants 3. Resident Project Representative 4. Contractor's Superintendent 5. Major Subcontractors 6. Major Suppliers 7. Others as appropriate D. Agenda: 1. Delivery or proposed Detailed Work Plan by Contractor to Owner. 2. Use of premises a. Work and storage areas b. Owner's requirements 3. Construction facilities, controls and construction aids 4. Temporary utilities • Issue for Construction 01 31 19 - 2 Ditesco June 21. 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 31 19 PROJECT MEETINGS 5. Safety 6. Security and housekeeping procedures as required by the Owner 7. Procedures for testing 1.6 SCHEDULE PUNCH LIST WALK THROUGH A. Engineer will schedule at least 10 days before submission of the last Application for Payment B. Location: Field/Site C. Attendance 1. Owner's representative 2. Engineer 3. Contractor 4. Others, as appropriate D. Suggested Agenda 1. Review of items remaining to be repaired or replaced prior to final acceptance and payment. 1.7 PROGRESS MEETINGS A. Engineer will schedule and administer meetings throughout progress of the Work at weekly intervals or other agreed upon timeframes. B. Location of the Meetings: Downtown Development Authority Main Office • C. Engineer will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within three days to Contractor, Owner, participants, and those affected by decisions made. D. Attendance 1. Owner's Representative 2. Engineer, and his professional consultants as needed 3. Contractor's Superintendent 4. Subcontractors as appropriate to the agenda 5. Suppliers as appropriate to the agenda 6.. Others, as appropriate E. Agenda: 1. Review minutes of previous meetings 2. Review unresolved issues from last meeting 3. Review of Work progress; three week look -ahead schedule prepared by contractor 4. Field observations, problems, conflicts and decisions 5. Identification of problems which impede planned progress 6. Review of submittals schedule and status of submittals 7. Review of off -site fabrication and delivery schedules 8. Maintenance of progress schedule 9. Corrective measures to regain projected schedules 10. Planned progress during succeeding work period 11. Coordination of projected progress 12. Maintenance of quality and work standards 13. Effect of proposed changes on progress schedule and coordination • 14. Other business relating to Work Issue for Construction 01 31 19 - 3 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 31 19 PROJECT MEETINGS PART 2- PRODUCTS Not Used PART 3- EXECUTION Not Used END OF SECTION DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION C J • Issue for Construction 01 31 19 - 4 Ditesco June 21. 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 —GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 32 13 PROJECT SCHEDULES SECTION 01 32 13 —PROJECT SCHEDULES PART 1-GENERAL 1.1 SECTION INCLUDES A. Requirements B. Format C. Content D. Progress Revisions E. Submittals F. Distribution 1.2 RELATED SECTION A. Section 01 11 00—Summary of Work B. Section 01 22 00—Measurement and Payment C. Section 01 31 19—Project Meetings • D. Section 01 33 00—Shop Drawings and Product Data E. Section 01 77 00—Contract Closeout 1.3 REQUIREMENTS A. Within 10 days after Effective Date of Agreement, Contractor shall prepare and submit to Engineer estimated construction progress schedules for the Work, with sub schedules of related activities which are essential to its progress. B. Submit to Owner not less than 10 days prior to beginning Work, a "Detailed Work Plan" for each phase of the project. Detailed Work Plans shall include a Traffic Control Plan, Demolition/Deconstruction plan, backfill/site restoration plan, and miscellaneous other improvements affecting the DDA's interests. Schedule review meeting with Owner. C. Submit revised progress schedules with each pay application. D. Owner may require Contractor to add to his equipment, or construction forces, as well as increase the working hours, if operations fall behind schedule at any time during construction period. 1.4 FORMAT A. General schedule format: Conform to ©Primavera, P6 critical path method (CPM) scheduling format or approved equal: 1. Base schedule on work days and regular working hours, Monday through Friday 8:00 A.M. to 5:00 P.M. • 2. Minimum sheet size: 8 1/2" by 11" Issue for Construction 01 32 13 - 1 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 - GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 01 32 13 PROJECT SCHEDULES 3. Color format • Row (Listings) -Show: 1. Project Title 2. Major areas of construction 3. Construction activities within major areas of construction 4. Provide a separate bar for each construction activity (i.e. each floor or deconstructed area). Bars to be annotated with activity description 5. Critical path activities to be clearly identified by color and lines 6. List in chronological order by start date each major area of construction and then by each construction activity within its respective area of construction 7. Show project start date, finish date, data date, run date, and revision table 8. Contract milestone dates 9. Legend C. Column (Headings) -Show: 1. Activity ID: Define by number corresponding to major specification sections 2. Activity Description 3. Percent Complete 4. Original Duration 5. Remaining Duration 6. Total Float 7. Early Start 8. Early Finish 9. Time Scale: Identify first day of each week. Allow space for notations. 10. Data date line 1.5 CONTENT • A. Construction progress schedule -Show: 1. Complete sequence of construction by activity for full length of Contract time. 2. Major areas of construction to include, at a minimum, each separate stage of Work B. Submittals schedule for shop drawings and product data -Show: 1. The dates for Contractor's submittals 2. The dates accepted submittals will be required from Engineer. Extensions of time for delays in submittal approval shall only be allowed as provided in Section 01 33 00 C. Products delivery schedule -Show delivery dates for: 1. All major material deliveries 1.6 PROGRESS REVISIONS A. Progress schedules are to be representative of actual construction progress and sequencing of activities. Schedules that do not accurately represent construction progress will be rejected. B. Indicate progress of each activity as of data date. C. Show changes occurring since previous submission of schedule: 1. Major changes in scope 2. Activities modified since previous submission 3. Revised projections of progress and completion 4. Other identifiable changes D. Provide narrative report as needed to define: • Issue for Construction 01 32 13 - 2 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 —GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 32 13 PROJECT SCHEDULES 1. Problem areas, anticipated delays, and impact on schedule 2. Corrective action recommended, and its effect 3. Effect on changes on schedules of other prime contractors 1.7 SUBMITTALS A. Submit initial schedules within 10 days after award of Contract: 1. Engineer will review schedules and return review copy within 10 days after receipt 2. If required, resubmit within 7 days after return of review copy B. Submit revised progress schedules with each Application for Payment. C. At each submission submit the number of opaque reproductions which the Contractor requires, plus 3 copies which will be distributed by Engineer. Do not submit fewer than 5 copies 1.8 DISTRIBUTION A. Engineer will distribute copies of accepted schedules to: 1. One copy to Owner 2. One copy to Resident Project Representative 3. One copy to be retained in Engineer's file 4. One copy to Contractor to be kept on file at job site 5. Remainder to Contractor for his distribution B. Schedule recipients will report promptly to Engineer and Contractor, in writing, any problems • anticipated by projections shown in schedules PART 2- PRODUCTS • Not Used IJ13icII0l*fl1jlL0P►I Not Used END OF SECTION Issue for Construction 01 32 13 - 3 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 01 33 00 SUBMITTAL PROCEDURES SECTION 01 33 00 — SUBMITTAL PROCEDURES • PART 1- GENERAL 1.1 SECTION INCLUDES A. Submission of all shop drawings and product data as required by the Contract Documents for all equipment and materials to be furnished under this contract unless specifically indicated otherwise 1.2 RELATED SECTIONS A. Section 01 33 00—Construction Schedules Section 01 77 00—Close Out Procedures C. Sections for Divisions 1 through 48—Required Submittals 1.3 SUBMITTALS A. Shop Drawings —Drawings shall be presented in a clear and thorough manner: 1. Identify details by reference to sheet and detail, schedule or room numbers shown on Contract Drawings 2. Identify equipment by reference to equipment name and tag number shown on Contract Drawings 3. Scale and Measurements: Make drawings accurate to a scale with sufficient detail to show the kind, size, arrangement and function of component materials and devices • 4. Minimum sheet size: 81/2" by 11" 5. Fabrication drawing size: 11" by 17" or 24" by 36" B. Product Data —Preparation: 1. Clearly mark each copy to identify pertinent products or models submitted for review 2. Identify equipment by reference to equipment name and tag number 3. Catalog cut sheets: Cross -out or delete irrelevant data 4. Show performance characteristics and capacities 5. Show dimensions and clearances required for installation and maintenance 6. Show wiring or piping diagrams and controls 7. Show external connections, anchorages, and supports required C. "Certificate of Compliance": 1. Provided by manufacturer or supplier in lieu of submittal data required 2. Certifies that product data or item identified in certificate is in total compliance with Contract Document requirements 3. Specifically identifies project name and that there is no deviation from Contract Documents 4. Identify equipment by reference to equipment name and tag number 5. Identify limits of equipment, materials or work provided 6. Provide for specific product data or item only as indicated herein D. Construction Schedule: Designate in the construction schedule, or in a separate coordinated shop drawing schedule, the dates for submission and the dates that reviewed Shop Drawings and Product Data will be needed. • Issue for Construction 01 33 00 -1 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 33 00 SUBMITTAL PROCEDURES 1.4 CONTRACTOR RESPONSIBILITIES A. Review shop drawings and product data prior to submission for accuracy and completeness of each submission. B. Approve and stamp each submission before submitting. C. Determine and verify: 1. Field measurements 2. Field construction criteria 3. Catalog numbers and similar data 4. Conformance with specifications D. Prior to each submission, carefully review and coordinate all aspects of each item being submitted E. Verify that each item and the submittal for it conform in all respects with specified requirements of the Work and of the Contract Documents with respect to means, methods, techniques, sequences, and operations of construction, and safety precautions and programs incidental thereto. F. Make submissions promptly in accordance with Construction Schedule, and in such sequence as to cause no delay in the Work or in the work of any other Contractor. • G. Notify Engineer in writing, at time of submission, of any deviations in the submittals from Contract Document requirements: 1. Identify and tabulate all deviations in transmittal letter 2. Indicate essential details of all changes proposed, including modifications to other facilities that may be a result of the deviation 5 SUBMISSION REQUIREMENTS A. Make submissions far enough in advance of scheduled dates for installation to provide time required for reviews, for securing necessary approvals, for possible revisions and resubmissions, and for placing orders and securing delivery B. In scheduling, allow a minimum of 14 calendar days for review by Engineer following receipt of submission in Engineer's office: 1. Time required to mail submissions or resubmissions is not considered a part of the review period C. Consecutively number all submissions: 1. Assign a unique number to include all shop drawings, product data and other information required for individual specification sections 2. Each specification section may still have more than one submittal number for later submissions (i.e., Preliminary O&M Manuals, Final O&M Manuals, etc.) D. Number of Submittals Required: 1. Shop Drawings and Product Data: Submit a maximum of 2 copies for Contractor's use, plus a maximum of 3 copies which will be distributed by Engineer when approved. Do not submit more than 5 copies. • E. Accompany each submission with a letter of transmittal showing all information required for identification and checking. Submittals shall contain: Issue for Construction 01 33 00 - 2 Ditesco June 21, 2012 . 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 any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be i TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 33 00 SUBMITTAL PROCEDURES DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION 1. Submittal number 2. Date of submission and dates of any previous submissions 3. Project title and number 4. Owner Contract identification number if applicable 5. The names of a. Contractor b. Supplier C. Manufacturer 6. Identification of the product, with the specification section number 7. Field dimensions, clearly identified as such 8. Relation to adjacent or critical features of the Work or materials 9. Applicable standards, such as ASTM or Federal Specification numbers 10. Identification of deviations from Contract Documents 11. Identification of revisions on resubmissions 12. An 8" by 4" blank space for Contractor's and Engineer's stamps 13. Stamp cover sheet of each submittal as identified in letter of transmittal 14. Contractor's stamp: Initialed or signed, certifying review and approval of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and of Contract Documents. Use stamp to include wording similar to the following: This submittal has been reviewed by [name of contractor] and approved with respect to the means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incidental thereto. [Name of contractor] also warrants that this submittal complies with contract documents and comprises no deviations thereto: Section No: Submittal No: Date: by: Submittal Log: 1. Maintain an accurate submittal log for duration of the Work showing current status of all submissions Show submittal number, section number, section title, submittal description dates and disposition of submittal Make submittal log available to Engineer for Engineer's review upon request G. Unless specified otherwise, make submissions in groups to facilitate efficient review and approval: 1. Include all associated items from individual specification sections to assure that all information is available for checking each item when it is received 2. Submit a complete initial submittal including all components when an item consists of components from several sources 3. Partial submittals may be rejected as not complying with provisions of the Contract 4. Engineer will not be held liable for delays due to poorly organized or incomplete submissions 5. Do not include items from more than one specification section for any one submittal number H. Contractor may require subcontractors to provide drawings, setting diagrams and similar information to help coordinate the Work, but such data shall remain between Contractor and his Issue for Construction 01 33 00 - 3 Ditesco June 21, 2012 • • • • L_J TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 33 00 SUBMITTAL PROCEDURES DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION subcontractors and will not be reviewed by Engineer unless specifically called for within the Contract Documents. 1.6 DISPOSITION OF SHOP DRAWINGS AND PRODUCT DATA A. "Approved As Submitted": Approved with No Exceptions Noted 1. One copy sent to Owner 2. One copy sent to Resident Project Representative 3. One copy retained in Engineer's file 4. Remaining copies returned to Contractor for his use a. One copy to be kept on file at Contractor's office at job site b. Remaining copies for Contractor's office file, suppliers, or subcontractors 5. No corrections or comments noted on submittal or in transmittal letter 6. Issues or miscellaneous comments pertaining to other related items of the Work may be included in transmittal letter 7. Resubmission not required B. "Exceptions Noted": Approved with Corrections Noted 1. One copy sent to Owner 2. One copy sent to Resident Project Representative 3. One copy retained in Engineer's file 4. Remaining copies returned to Contractor for his use a. One copy to be kept on file at Contractor's office at job site b. Remaining copies for Contractor's office file, suppliers or subcontractors C. Copies of submittal data in operation and maintenance manuals to be revised according to corrections 5. Comply with corrections or comments as noted on submittal and in transmittal letter 6. Resubmission not required C. "Revise And Resubmit": Incorrect or Specific Information Still Required 1. One copy sent to Resident Project Representative 2. One copy retained in Engineer's file 3. All remaining copies returned to Contractor for revision and re -submittal 4. Copy of transmittal letter sent to Owner. An "Approved As Submitted" or "Exceptions Noted" submittal will be forwarded to Owner upon resubmission and review per above disposition requirements. 5. Submittal is either: incorrectly annotated; specific comments need to be addressed and incorporated in re -submittal; and/or additional information may be required as noted in transmittal letter. 6. Submitted information may not include or address specific item required per the specification as identified in transmittal letter. 7. Specific information related to identified item may be required for final approval of submittal. 8. Resubmission of entire submittal may be required or resubmission of specific item may be required as identified in transmittal letter. D. "Rejected": Returned for Correction 1. One copy sent to Resident Project Representative 2. One copy retained in Engineer's file 3. All remaining copies returned to Contractor 4. Copy of transmittal letter sent to Owner 5. Contractor required to resubmit complete submittal package in accordance with Contract Documents 6. Submittal does not comply with provisions of Contract Documents as noted in transmittal letter Issue for Construction June 21, 2012 01 33 00 - 4 Ditesco TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 —GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 01 33 00 SUBMITTAL PROCEDURES 7. Resubmission required • "Receipt Acknowledged": For Reference Purposes Only or for Record Copy 1. One copy sent to Resident Project Representative 2. One copy retained in Engineer's file 3. One copy returned to Contractor 4. Copy of transmittal letter sent to Owner 5. Remaining submittal copies destroyed 6. Detailed review and comment by Engineer not required Resubmission not required �>�r� •���.>`yluc.�.l��r�r�y A. "Approved As Submitted": Approved with No Exceptions Noted 1. One sample sent to Owner 2. One sample sent to Resident Project Representative 3. One sample retained in Engineer's file 4. Acknowledgment: Copy of transmittal letter sent to Contractor 5. Resubmission not required B. "Exceptions Noted": Approved with Corrections Noted 1. One sample sent to Owner 2. One sample sent to Resident Project Representative 3. One sample retained in Engineer's file 4. Acknowledgment: Copy of transmittal letter sent to Contractor 5. Work performed or products furnished to comply with exceptions noted in • acknowledgment 6. Resubmission not required C. "Rejected": Returned for Correction 1. One sample retained in Engineer's file 2. Remaining samples sent to Contractor for re -submittal and compliance with the Contract Documents as noted in transmittal letter 3. Copy of transmittal letter sent to Owner 4. Resubmission required 1.8 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in submittals required by Engineer and resubmit until approved B. Transmit each resubmission under new letter of transmittal. Use number of original submittal followed directly by a capital letter corresponding to the number of times a submittal is resubmitted (i.e., 1, 1A, 16, etc.) C. Shop Drawings and Product Data: 1. Revise initial drawings or data and resubmit as specified for the initial submittal 2. Indicate any changes which have been made other than those requested by Engineer D. Reimbursement of Resubmission Review Costs: 1. Review of first submittal and one re -submittal will be performed by Engineer at no cost to the Contractor 2. Costs for review of subsequent resubmissions will be directly paid by Contractor 3. Engineer will document work -hours required for review and costs for Engineer review will • be deducted from payments due Contractor as Change Order deductions. Issue for Construction 01 33 00 - 5 Ditesco June 21, 2012 • • TECHNICAL SPECIFICATIONS DIVISION 01 -GENERAL REQUIREMENTS 01 33 00 SUBMITTAL PROCEDURES DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION 4. Charges for review of resubmissions will include Engineer at a rate of $95 per hour and Admin at a rate of $55 per hour 1.9 ENGINEER'S DUTIES A. Review submittals with reasonable promptness and in accord with approved submission schedule provided that each submittal has been called for by the Contract Documents and is stamped by Contractor as indicated above: 1. In the event that Engineer will require more than 7 calendar days to perform a submittal review as requested by Contractor, Engineer shall so notify Contractor or indicate so on the submission schedule. 2. No extensions of time are allowed due to Engineer's delay in reviewing submittals unless all the following criteria are met: a. Engineer has failed to return submittal within 7 days of receipt of the submittal or receipt of said notice, whichever is later b. Contractor demonstrates that delay in progress of the Work was directly attributable to Engineer's failure to return submittal within 7 days. 3. No extensions of time are allowed due to delays in progress of the Work caused by rejection and subsequent resubmission of data, including multiple resubmissions. B. Review drawings and data submitted only for general conformity with Contract Documents: 1. Engineer's review of drawings and data returned marked "Approved As Submitted" or "Exceptions Noted" does not indicate a thorough review of all dimensions, quantities, and details of material, equipment device or items shown 2. Engineer's review does not relieve Contractor of responsibility for errors, omissions or deviations nor responsibility for compliance with the Contract Documents 3. Engineer's review shall not extend to means, methods, techniques, sequences, operations of construction, and safety precautions and programs incidental thereto. No information regarding these items will be reviewed whether or not included in submittals. C. Assume that no shop drawing or related submittal comprises a deviation to the Contract Documents unless Contractor advises Engineer otherwise in writing which is acknowledged by Engineer in writing: 1. Consider and review only those deviations from the Contract Documents clearly identified as such in submittal and tabulated in the Letter of Transmittal. D. Return submittals to Contractor for distribution or for resubmission E. Transmit, unreviewed, to Contractor all copies of submittals received directly from suppliers, manufacturers and subcontractors F. Transmit, unreviewed, to Contractor all copies of submittals not called for by the Contract Documents or which have not been approved by Contractor G. Engineer will not review uncalled-for shop drawings or product data except by special arrangement H. Affix stamp and indicate approval for submittal or resubmission requirements with the following stamp: Issue for Construction June 21, 2012 013300.6 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 33 00 SUBMITTAL PROCEDURES DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION ❑ Approved As Submitted ❑ Exceptions Noted ❑ Revise And Resubmit ❑ Rejected This review was performed only for general conformance with the design concept of the project and general compliance with the information given in the contract documents. Modifications or comments made on the shop drawings and product data during this review do not relieve contractor from responsibility for compliance with the requirements of the plans and specifications. Approval of a specific item does not include approval of the assembly of which the item is a component. Contractor is responsible for: dimensions to be confirmed and correlated at the jobsite; information that pertains solely to the fabrication processes or to the means, methods, techniques, sequences, and procedures of construction; coordination of the work of all trades; and for performing all work in a safe and satisfactory manner. Ditesco, LLC Date By 1.10 SUBMITTAL SCHEDULE • A. Unless indicated otherwise, provide all submittals required by individual sections of the Contract Documents to establish compliance with the specified requirements B. Contractor may provide "Certificate of Compliance" in lieu of product data submittal as required isabove for the following sections: SECTION SECTION TITLE PRODUCT DATA OR NUMBER ITEM NONE NONE NONE PART 2- PRODUCTS Not Used PART 3- EXECUTION Not Used END OF SECTION i Issue for Construction 01 33 00 - 7 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 —GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 52 00 TEMPORARY CONSTRUCTION FACILITIES SECTION 01 52 00 — TEMPORARY CONSTRUCTION FACILITIES PART 1- GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: Electricity, lighting, heating, ventilating, telephone service, water and sanitary facilities B. Construction Facilities: Access roads, parking, progress cleaning, project signage, storage and temporary buildings C. Tree Protection: Tree protection and regulations. 1.2 GENERAL REQUIREMENTS A. Contractor shall submit a plan in accordance with Section 01 33 00 detailing the location(s) of all staging, laydown and/or construction facilities required for completion of Work within this Contract. Project sign shall be provided by the Contractor, with prior approval by the Owner. B. Furnish, install and maintain all temporary utilities to assure continuous service except as allowed herein, and remove on completion of Work. Modify and extend systems as work progress requires. C. Furnish, install and maintain all construction aids required for the Work, except as allowed herein, • and remove on completion of the Work. D. Furnish, install and maintain opaque fences and barriers as required for protection of the public, property and the Work. E. Contractor shall limit his use of existing roadways and parking lots to only that which are required for completion of Work within this Contract. Adjacent parking lots, sidewalks, alleys shall be protected to prevent damage with all practical means. F. Clean and repair damage caused by temporary installations or use of temporary facilities. 1.3 QUALITY ASSURANCE A. Requirements of Regulatory Agencies 1. Comply with applicable Federal and State rules and regulations, local codes and ordinances. 2. Comply with utility company requirements. 3. Contractor shall notify Owner to obtain inspections of Work and to request service outages (if applicable). 1.4 TEMPORARY ELECTRICITY A. Contractor shall arrange for and pay all costs associated with power service as required for completion of Work and pay all costs for energy used. The Elks Lodge building currently does not have power to the site. The meter has been removed. 1.5 TEMPORARY LIGHTING • A. Provide and maintain incandescent lighting for construction operations. Issue for Construction 01 52 00 -1 Ditesco June 21. 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 —GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 01 52 00 TEMPORARY CONSTRUCTION FACILITIES B. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. C. Maintain lighting and provide routine repairs. D. Security lighting shall be provided by the Contractor for all staging areas occupied for this jobsite. The security lighting shall operate from sunset to sunrise and provide a minimum of 0.5 foot- candle coverage for the entire construction site and staging area. Contractor is liable for any theft or loss of equipment or materials. A. Provide and pay for all temporary heat as required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum conditions of the installation of materials and to protect materials and finishes from damage due to temperature or humidity. B. Portable heaters shall be standard approved units complete with controls. C. Pay all costs of installation, maintenance, operation and removal and for fuel consumed. D. Maintain minimum ambient temperature of 50°F in areas where construction is in progress, unless indicated otherwise in specifications (as applicable). E. Provide temporary heating for all subcontractors as required. 1.7 TEMPORARY VENTILATING A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. B. Provide and pay for temporary ventilation equipment as required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum conditions for the installation of materials and to protect materials and finishes from damage due to temp or humidity. C. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors or gases. D. Portable ventilators shall be standard approved units complete with controls. E. Pay all costs of installation, maintenance, operation and removal and for power consumed. 1.8 TELEPHONE SERVICE A. Provide, maintain and pay for all telephone service as required for completion of Work. 1.9 TEMPORARY WATER SERVICE A. Provide all drinking water required by construction personnel. Pay all costs. Provide water necessary to maintain damp demolition site as needed to eliminate spark or explosion potential. Procure water meter set with integral backflow prevention system from the City of Fort Collins Utilities. Issue for Construction 01 52 00 - 2 Ditesco • • • June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 —GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 52 00 TEMPORARY CONSTRUCTION FACILITIES 1.10 TEMPORARY SANITARY FACILITIES A. Contractor shall provide his/her own sanitary facilities. The Contractor shall not use the bathroom facilities located in the Remington Street parking lot. These shall be specified for public use only. Ii�JTIWAiIIIAGZKiPil Z1611 A. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. Protect site and staging area from storm events. 1.12 EROSION AND SEDIMENT CONTROL A. Install sediment control/silt fencing at site perimeter where necessary to prevent erosion and sedimentation from occurring off site. B. During and after site grading, maintain a roughened surface on all disturbed areas to minimize erosion potential. C. Construct temporary drainage swales with staked straw bale barriers to control drainage patterns and minimize erosion. D. Provide gravel & wire or staked hay bale sediment traps at culvert inlets to prevent siltation. Maintain as necessary and as directed by the Engineer to filter storm waters. • 1.13 PROTECTION OF INSTALLED WORK AND PROPERTY A. Protect installed Work and provide special protection as required to protect Owners facilities as required or where specified in individual specification Sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage. Provide 6-foot tall opaque enclosure fence around all work areas. Reference Section 01 55 26. C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. D. Protect finished driving surfaces, floors, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. E. Prohibit traffic from landscaped or sodded areas. F. Protect adjacent buildings and infrastructure from debris generated during the deconstruction or demolition process. Provide protection to match height of building to be demolished. Submit protection work plan under Section 01 33 00. 1.14 SECURITY A. Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. 1.15 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly • condition. Issue for Construction 01 52 00 .3 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 —GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 01 52 00 TEMPORARY CONSTRUCTION FACILITIES B. Remove debris and rubbish from remote spaces prior to enclosing the space. • C. Remove waste materials, debris, and rubbish from site not less than weekly and dispose off -site in accordance with local and state regulations 1.16 TREE PROTECTION A. Protect all trees adjacent to project site. Provide trunk wrap to protect tree bark/surface. Provide concrete blanket or equal to protect tree from damage. Erect orange safety fence at drip line to avoid damage to roots and low branches. Eliminate any equipment or construction operations to enter this area. B. If roots are encountered during jobsite excavation, contact the City Forester to evaluate the ability and procedures for roots to be trimmed or cut — no exceptions. C. Pay all damages associated with tree restoration as required by the City Forester. PART 2- PRODUCTS Not Used PART 3- EXECUTION Not Used END OF SECTION • • Issue for Construction 01 52 00 - 4 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 55 26 TRAFFIC CONTROL SECTION 01 55 26 —TRAFFIC CONTROL PART 1- GENERAL 1.1 SECTION INCLUDES A. General Requirements B. Regulatory Requirements C. Construction Worker Parking and Parking Control D. Flagmen E. Flares and Lights F. Haul Routes G. Roadway Usage Between Operations H. Traffic Signs and Signals I. Barricades J. Barriers • K. Removal 1.2 RELATED SECTIONS A. Section 01 11 00—Summary of Work B. Section 01 33 00 —Submittal Procedures C. Section 01 52 00—Temporary Construction Facilities 1.3 GENERAL REQUIREMENTS A. Unless otherwise authorized, keep access to the Remington Parking Lot available at all times including access from Oak Street and Remington Street. B. Provide limited traffic closures for the Montezuma Fuller Alley, sign and protect according to MUTCD and City of Fort Collins Traffic Dept requirements. 1.4 REGULATORY REQUIREMENTS A. Conformance: "Manual on Uniform Traffic Control Devices," U.S. Department of Transportation, or applicable statutory requirements of authority having jurisdiction. B. The Contractor shall submit a Method of Handling Traffic (MHT) prepared by a certified Traffic Control Supervisor (TCS) to City Traffic Dept and Engineer for approval prior to proceeding with any phases of the work. • Issue for Construction 01 55 26 - 1 Ditesco June 21, 2012 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 6 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 01 55 26 TRAFFIC CONTROL 1.5 CONSTRUCTION WORKERS PARKING A. Contractor's worker vehicles are limited to be located internal to the designated staging area. All other parking for Contractor's workers shall be procured by the Contractor from the City of Fort Collins. 1.6 CONSTRUCTION PARKING CONTROL A. Contractor is responsible to control vehicular parking to prevent interference with public traffic and parking, access by emergency vehicles, and Owner's operations. Contractor shall be responsible for any and all parking tickets received due to his operations unless they are issued inside the Contractor's work zone or designated staging area. 1.7 FLAGMEN A. Provide trained and equipped flagmen to regulate traffic when construction operations or traffic encroach on parking or traffic lanes. 1.8 FLARES AND LIGHTS A. Use flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 1.9 HAUL ROUTES A. Coordinate with the Owner and Engineer to establish public thoroughfares to be used for haul routes and site access. �J B. Confine construction traffic to designated haul routes. C. Provide traffic control at critical areas of haul routes to regulate traffic, to minimize interference with public traffic. A. At all times when work is not actually in progress, make open, passable, and maintain to traffic such portions of the Project and temporary roadways or portions thereof as may be agreed upon between Contractor and the Owner. 1.11 TRAFFIC SIGNS AND SIGNALS A. At approaches to site and on site, install at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B. Install and operate traffic control signals to direct and maintain orderly flow of traffic in areas under Contractor's control, and areas affected by Contractor's operations. C. Relocate as Work progresses, to maintain effective traffic control. D. Protect all roadways by effective barricades on which are placed warning signs. • Issue for Construction 01 55 26 - 2 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 —GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 55 26 TRAFFIC CONTROL 1.12 BARRICADES A. Contractor shall completely enclose operations with barricades at all times when site is encumbered by open trenches, other excavations or other obstructions. B. Barricades shall be a minimum of six (6) feet high opaque chain link fence weighted or adequately secured at the base as to prevent easy removal or relocation. Barricades shall only allow one ingress/egress gate. Contractor shall be responsible for monitoring of the gate to prevent access into his operations. Equip gates with locks. C. Provide additional fencing as required to protect stored materials and products and to insure public safety. D. Provide Owner and Engineer two (2) keys to lock(s). E. Contractor shall be responsible for depicting location of barricades as defined in Section 01 52 00 — Temporary Construction Facilities. This shall be further required under Section 01 33 00 when submitting "Detailed Work Plans". F. Illuminate by means of warning lights all barricades and obstructions form sunset to sunrise. 1.13 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas and to protect existing facilities and adjacent properties from damage from construction operations and demolition. • B. Provide suitable barriers as required for public protection. C. Protect non -owned vehicular traffic, stored materials, site and structures from damage. D. Install facilities of a neat and reasonable uniform appearance, structurally adequate for the required purposes. E. Contractor shall be responsible for depicting location of barricades as defined in Section 01 52 00 — Temporary Construction Facilities. F. Illuminate by means of warning lights all barricades and obstructions form sunset to sunrise. G. Relocate barriers as required by progress of construction. H. Completely remove barriers, including foundations, when construction has progressed to the point that they are no longer needed. I. Clean and repair damage caused by installation, fill and grade the areas of the site to required elevations and slopes and clean the area. 1.14 REMOVAL A. Remove equipment and devices when no longer required B. Repair damage caused by installation C. Remove post settings to a depth of 2 feet Issue for Construction 01 55 26 - 3 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 55 26 TRAFFIC CONTROL PART 2- PRODUCTS Not Used PART 3- EXECUTION Not Used END OF SECTION DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION Issue for Construction 01 55 26 - 4 Ditesco June 21. 2012 • • • TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 -GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL SECTION 01 57 13 — TEMPORARY EROSION AND SEDIMENT CONTROL PART 1- GENERAL 1.1 SECTION INCLUDES A. Furnish, install, and maintain erosion and sedimentation control materials and procedures. Remove upon completion of work. B. Design an erosion and sediment control plan in accordance with specified standards. Monitor compliance as required by applicable standards 1.2 GENERAL REQUIREMENTS A. Contractor shall submit an erosion and sediment control plan in accordance with Section 01 33 00. 1.3 EROSION AND SEDIMENT CONTROL A. Erosion and Sediment Control Plan: Prior to the start of work, the Contractor shall submit a Storm Water Management Plan (SWMP). The SWMP plan shall contain the following required information: 1. Name of Contractor's personnel responsible for managing the SWMP plan. 2. Analysis of the erosion and sediment controls needed for the Project, including extent of controls, appropriate methods and construction phasing or sequencing of work. • B. The SWMP shall be designed in conformance with the U. S. Environmental Protection Agency (EPA) Document No. EPA 832/R-92-005 (September 1992 or latest version), Storm Water Management for Construction Activities, Chapter 3, or local erosion and sedimentation control standards and codes, whichever is more stringent. The plan shall meet the following objectives: 1. Prevent loss of soil during deconstruction by stormwater runoff and/or wind erosion, including protecting topsoil by stockpiling for reuse. 2. Prevent sedimentation of storm sewer or receiving streams. 3. Prevent polluting the air with dust and particulate matter. C. The SWMP should include the following information: 1. Statement of erosion control and stormwater control objectives. 2. Comparison of post -development stormwater runoff conditions with pre -development conditions. 3. Description of all temporary and permanent erosion control and stormwater control measures implemented on the project site. 4. Description of the type and frequency of maintenance activities required for the chosen erosion control methods. D. Contractor shall submit copies of the SWMP for review by the Engineer. Contractor shall make requested revisions and complete the approved SWMP. Install sediment control/silt fencing at site perimeter where necessary to prevent erosion and sedimentation from occurring off site. F. During and after site grading, maintain a roughened surface on all disturbed areas to minimize erosion potential. isG. Construct temporary drainage swales with staked straw bale barriers to control drainage patterns and minimize erosion. Issue for Construction 01 57 13 -1 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 —GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL H. Provide gravel & wire or staked hay bale sediment traps at culvert inlets to prevent siltation. 1.4 EROSION AND SEDIMENT CONTROL IMPLEMENTATION A. Distribution: Contractor shall distribute copies of the approved SWMP to the Superintendent, each affected Subcontractor, Owner and Engineer. One copy shall be posted at the jobsite at all times. B. Instruction: Contractor shall provide onsite instruction of appropriate erosion and sediment control measures to be implemented and maintained at appropriate stages of the work. C. Erosion and Sediment Control Plan Compliance: Contractor shall implement, maintain and monitor compliance with the approved SW MP. 1. Protect areas prone to erosion from construction activities and implement a soil stabilization plan in susceptible areas D. Conditions in the field may warrant erosion control measures in addition to what is specified herein. The Contractor shall implement whatever measures are determined necessary, as directed by the Owner or Engineer. 1.5 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. Damage to adjacent properties through Contractor's neglect of preventing air borne dust shall be paid for by the Contractor. B. Maintain damp jobsite at all times during demolition/deconstruction. 1.6 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from remote spaces prior to enclosing the space. C. Remove waste materials, debris, and rubbish from site not less than weekly and dispose off -site in accordance with local and state regulations PART 2- PRODUCTS 2.1 MATERIALS A. Erosion and Sediment Control Materials: Refer to specific silt fence and other required materials. B. Straw Bales: Not allowed. C. Wattles: 8" diameter machine -produced tube filled with compacted rice straw in seamless flexible netting material, creating a densely filled fiber log D. Bedding material used shall be equivalent to Colorado Division of Highways Class A filter material. Issue for Construction 01 57 13 - 2 Ditesco June 21, 2012 • • TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 -GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 3- EXECUTION 3.1 PREPARATION A. No earth -disturbing activity outside the limits designated on the plans is permitted. B. All required perimeter silt and construction fencing shall be installed prior to any land disturbing activity (stockpiling, stripping, grading, etc.). All other required erosion control measures shall be installed at the appropriate time in the deconstruction sequence as indicated in the approved SWMP, deconstruction drawings and erosion control report. At all times during construction, the Contractor shall be responsible for preventing and controlling onsite erosion including keeping the property sufficiently watered so as to minimize windblown sediment. The Contractor shall also be responsible for installing and maintaining all erosion control and mitigation facilities Pre -disturbance vegetation shall be protected and retained wherever possible. Removal or disturbance of existing vegetation shall be limited to the areas required for immediate deconstruction/demolition operations, and for the shortest practical period of time 3.2 EXECUTION A. All soils exposed during land disturbing activity (stripping, grading, utility installations, stockpiling, filling, etc.) shall be kept in a roughened condition by ripping or disking along land contours until mulch, vegetation or other permanent erosion control best management practices are installed. • B. In order to minimize erosion potential, all temporary (structural) erosion control measures shall 1. Be inspected at a minimum of once after each significant storm event and repaired or reconstructed as necessary in order to ensure the continued performance of their intended function. 2. Remain in place until such time as all the surrounding disturbed areas are sufficiently stabilized as determined by the Owner and Engineer. 3. Be removed after the site has been sufficiently stabilized as determined by the Owner and Engineer. C. No soil stockpile shall exceed 10' in height. All soil stockpiles shall be protected from sediment transport by surface roughening, watering and perimeter silt fencing. Any soil stockpile remaining after 30 days shall be seeded and mulched. D. Silt Fence: Set stakes, construct 4" wide x 4" deep trench upslope of stakes, install fabric to bottom of trench, backfill and compact excavated trench. E. Wattle Sediment Barrier: Wattle sediment barriers will be installed after the initial grading of the site (in swales) and after the installation of storm pipes and inlets. Install wattles with ends tightly abutted. Stake each wattle into the ground with two (2) wooden stakes. F. All soils exposed and disturbed on the Elks Lodge site shall be seeded and stabilized. This shall be achieved through broadcast seeding, straw crimp or hydromulch with tacifier. The seed shall be of a dryland type submitted by the Contractor. The Contractor shall include this work in the base bid. • END OF SECTION Issue for Construction 01 57 13 - 3 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 73 29 CUTTING AND PATCHING PART 1 - GENERAL DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION SECTION 01 73 29 — CUTTING AND PATCHING 1.1 SECTION INCLUDES A. Demolition and removal of concrete and asphaltic paving, sidewalk, fencing, vegetation, trees and other work as required herein for a complete and functional project as indicated on the drawings and as specified in this section. 1.2 RELATED SECTIONS A. Section 01 52 00—Temporary Construction Facilities: Barricades, fences and landscape protection. Dust control. 1.3 SUBMITTALS A. Submit under provisions of Section 01 33 00. B. Shop Drawings: Indicate demolition, removal sequence, and location of salvageable items. 1.4 PROJECT RECORD DOCUMENTS A. Submit under provisions of Section 01 33 00 B. Accurately record actual locations of subsurface obstructions. 1.5 REGULATORY REQUIREMENTS A. Conform to applicable State and local codes for demolition of structures, safety of adjacent structures, dust control, and disposal. B. Obtain required permits from authorities. C. Notify affected utility companies before starting work and comply with their requirements. D. Do not close or obstruct roadways, sidewalks, or hydrants without written permission from Owner. E. Conform to applicable regulatory procedures when discovering hazardous or contaminated materials. 1.6 SEQUENCING A. Sequence work under the provisions of Section 01 32 13. Issue for Construction 01 73 29 -1 Ditesco June 21, 2012 C7 • TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 —GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 73 29 CUTTING AND PATCHING 1.7 SCHEDULING A. Schedule work under the provisions of Sections 01 32 13. B. Provide detailed descriptions for demolition and removal procedures. 1.8 CUTTING AND PATCHING A. Contractor shall be responsible for all cutting, fitting, and patching, including attendant excavation and backfill, required to complete the Work or to: 1. Make its several parts fit together properly 2. Uncover portions of the Work to provide for installation of ill-timed work 3. Remove and replace defective work 4. Remove and replace work not conforming to requirements of Contract Documents 5. Remove samples of installed work as specified for testing B. Provide products as specified or as required to complete cutting and patching operations. C. Inspection: 1. Inspect existing conditions of the Project, including elements subject to damage or to movement during cutting and patching. 2. After uncovering work, inspect the conditions affecting the installation of products, or performance of the work. 3. Report unsatisfactory or questionable conditions to the Engineer in writing; do not • proceed with the work until the Engineer has provided further instructions. D. Preparation: 1. Provide adequate temporary support as necessary to assure the structural value of integrity of the affected portion of the Work. 2. Provide devices and methods to protect other portions of the Project from damage. 3. Provide protection from the elements for that portion of the Project which may be exposed by cutting and patching work, and maintain excavations free from water. 4. Execute fitting and adjustment of products to provide a finished installation to comply with specified products, functions, tolerances and finishes. 5. Restore work which has been cut or removed; install new products to provide completed Work in accord with requirements of Contract Documents. • PART 2-PRODUCTS NOT USED PART 3 - EXECUTION 3.1 INSPECTION A. Verify areas to be demolished are unoccupied and discontinued in use. B. Do not commence work until conditions are acceptable to Engineer. Issue for Construction 01 73 29 - 2 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 01 73 29 CUTTING AND PATCHING 3.2 PREPARATION A. Provide, erect, and maintain temporary barriers, enclosures, security fences and shoring at demolition/deconstruction locations in accordance with Section 01 52 00 to protect personnel. B. Protect existing structures and utility services designated not to be demolished. C. Provide temporary wiring and connections to maintain existing telephone, electrical, instrumentation and control systems in service during construction (as necessary). D. Protect trees and plants from damage. Erect temporary tree enclosures (fence) as necessary to limit equipment contact with branches or trunks. Reference Section 01 52 00. E. Mark location of existing utilities. Comply with Utility Notification Center of Colorado Requirements. 3.3 GENERAL REQUIREMENTS A. Conduct demolition to minimize interference with adjacent structures. B. Conduct operations with minimum interference to Owner access. Maintain protected egress and access at all times. C. Sprinkle Work with water to minimize dust at all times. Provide hoses and water connections for this purpose. • D. Do not use water to extent causing flooding, contaminated runoff, or icing. E. Break concrete and masonry into sections less than 3 feet in any dimension to facilitate safe removal, deconstruction and reuse. F. Prevent damage to adjacent structures. In the event damage occurs, repair and incur all costs to provide equal or better conditions to that witnessed prior to damage. G. Protect walls or adjacent structures exposed to demolition work. 3.4 DISPOSAL A. Remove demolition and/or deconstruction materials at regular intervals but no longer than weekly. B. Do not burn materials on -site. C. Transport demolition debris to disposal area; reuse materials to salvage vendors or designated storage site. 3.5 SITE DEMOLITION A. Disconnect, remove, cap and identify designated utilities within demolition area. • Issue for Construction 01 7329.3 Ditesco June 21, 2012 • • TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 73 29 CUTTING AND PATCHING DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION B. Remove foundation walls and footings to a minimum of three feet below finished grade. Demolish portions of basement floor slab to allow surface drainage from site as directed by the Engineer. C. Remove asphalt paving, curb, gutter, sidewalk and other concrete slabs to facilitate construction. D. Backfill areas excavated caused as a result of demolition, in accordance with Section 31 23 00. E. Rough grade and compact areas affected by demolition to maintain existing site grades and contours. F. Leave site in clean condition. Issue for Construction June 21. 2012 END OF SECTION 01 73 29 - 4 Ditesco • by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. • 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 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 • TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 74 00 CLEANING AND WASTE MANAGEMENT DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION SECTION 01 74 00 — CLEANING AND WASTE MANAGEMENT i PART 1 -GENERAL 1.1 REQUIREMENTS The Owner has established that this project will divert waste and will recycle or salvage at least 70% or greater by volume 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 identifies organizations that accept salvaged materials. The Contractor shall train all site workers on the CWM plan process and requirements. A. Administrative and procedural requirements for the following: 1. Recycling non -hazardous demolition and construction waste 2. Disposing of non -hazardous demolition and construction waste 1.2 RELATED SECTIONS A. Section 01 11 00 — Summary of Work B. Section 01 52 00—Temporary Construction Facilities C. Section 01 73 29 — Cutting and Patching • D. Section 31 23 00—Earthwork and Trenching 1.3 SUBMITTALS A. Submit under provisions of Section 01 33 00. B. Create Submittal for Waste Management Plan: Submit one (1) electronic plan a minimum of five (5) days prior to date established for commencement of the work. C. 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 3. Total quantity of waste recovered (salvage, reused or recycled) in tons, cubic yards or other satisfactory and approved standard of measure 4. Total quantity of waste recovered as a percentage of total waste D. 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 E. Records of Donations: Indicate receipt and acceptance of salvageable or reusable waste donated to individuals and organizations. Indicate whether organization is tax exempt. is Issue for Construction 01 74 00 -1 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 74 00 CLEANING AND WASTE MANAGEMENT F. 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, volume calculations, receipts and invoices G. Landfill Disposal Records: Indicate receipt and acceptance of waste by landfills facilities licensed to accept them. Include manifests, volume calculations, weight tickets, receipts and invoices. H. Final Report: Contractor shall submit 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 (i.e. 80% waste reduction) or an amount greater achieved through creative reuse and recycling activities. 1.4 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 and Engineer 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). B. Alternatives to Land -filling: 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 land -filling) each material. "Net" means that the following have been subtracted from the cost of separation and recycling: 1. Revenue from the sale of recycled or salvaged materials. All revenue from the sale of recycled or salvaged materials belongs to the Owner; and 2. 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: a. Concrete b. Asphalt C. Wood, including dimensional, unpainted wood, plywood, OSB and particleboard d. Ferrous materials e. Non-ferrous materials, including copper, brass and aluminum f. Glass g. Brick h. Concrete masonry units (CMU) i. Gypsum wallboard products C. Material 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. Issue for Construction 01 74 00 - 2 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 —GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 01 74 00 CLEANING AND WASTE MANAGEMENT • F. Contractor shall submit copies of the CWM plan for review by the Owner and Engineer. 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. Paper copies provided if requested. 1.5 WASTE MANAGEMENT IMPLEMENTATION A. Distribution: Contractor shall distribute copies of the approved CWM plan to the Superintendent, each Subcontractor, the Owner and Engineer. 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. Offsite Storage: Contractor will take Owner designated materials to an offsite storage area located on Vine Drive east of College Ave. E. Hazardous Wastes: Hazardous wastes shall be separated, stored and disposed of according to local regulations. Refer to Appendix D for Abatement Report. • F. 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 land -filled 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 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. G. Salvage may include donation of the material to charitable organization if acceptable to the Owner. H. Minimum required construction waste diversion rate is 80% by volume of construction, demolition and land clearing debris/materials. 1.6 WASTE MANAGEMENT CONFERENCE A. Conduct conference at project site to comply with requirements in Section 01 31 12 and 01 31 19. 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: Issue for Construction 01 74 00 - 3 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 74 00 CLEANING AND WASTE MANAGEMENT 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. 6. Review staging locations and salvage sites provided by vendors or the Owner. PART 2- PRODUCTS NOT USED PART 3 - EXECUTION 3.1 DECONSTRUCTION/DEMOLITION WASTE MANAGEMENT PLAN IMPLEMENTATION A. General: Contractor shall implement CWM plan as approved by the Owner and Engineer. 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 01 89 00. B. Waste Management Coordinator: Engage a waste management coordinator to be responsible for implementing, monitoring and reporting status of waste management work plan. Submit work plan according to Section 01 33 00. 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 B. 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 3.2 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 01 73 29 and Section 01 89 00. • END OF SECTION Issue for Construction 01 74 00 - 4 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 01 77 00 CLOSEOUT PROCEDURES SECTION 01 77 00 — CLOSEOUT PROCEDURES • PART 1-GENERAL 1.1 SECTION INCLUDES A. Closeout procedures B. Final cleaning C. Contractor's closeout submittals D. Project record documents E. Substantial completion F. Final inspection G. Final application for payment 1.2 RELATED SECTIONS A. Construction Agreement B. General Conditions 1.3 CLOSEOUT PROCEDURES • A. Comply with requirements stated in Conditions of the Contract and in specifications for administrative procedures in closing out the Work. B. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. C. Provide submittals to Engineer/Owner that are required by governing or other authorities. D. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean site; sweep paved areas, rake clean landscaped surfaces. C. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 CONTRACTOR'S CLOSEOUT SUBMITTALS A. Project record documents B. Evidence of payment and waiver of claims/liens: As specified in the General and Supplementary Conditions. • Issue for Construction 01 77 00 - 1 Ditesco June 21, 2012 • • TECHNICAL SPECIFICATIONS DIVISION 01 -GENERAL REQUIREMENTS 01 77 00 CLOSEOUT PROCEDURES DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION C. Final inspection reports by all regulatory agencies demonstrating the agencies' final approval. D. At Contract close-out, deliver Record Documents to Engineer for the Owner. E. Accompany submittal with transmittal letter in duplicate, containing: 1. Date 2. Project title and number 3. Contractor's name and address 4. Title and number of each Record Document 5. Signature of Contractor or his authorized representative 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings 2. Specifications 3. Addenda 4. Change Orders and other Modifications to the Contract 5. Reviewed shop drawings, product data, and samples 6. Field test reports 7. Construction photographs B. Store Record Documents and samples separate from documents used for construction. C. Record information concurrent with construction progress 1. Do not conceal any work until required information is recorded 2. Legibly mark to record actual construction D. Specifications and Addenda —Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name, product model, number, trade name and supplies 2. Product substitutions or alternates utilized 3. Changes made by Addenda, field order or change order E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish floor datum 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail 5. Details not on original Contract Drawings 6. Changes made by Field Order or by Change Order F. Submit documents to Engineer with claim for final Application for Payment. G. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes H. Make documents and samples available at all times for inspection by Engineer. Label each document "Project Record" in neat, large printed letters. Issue for Construction June 21, 2012 017700-2 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 77 00 CLOSEOUT PROCEDURES 1.7 DELIVERY TO OWNER DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION A. At or prior to the time of the inspection for substantial completion, deliver all required items to Engineer. 1. Contractor and representatives of Owner and Engineer shall inspect and inventory all items delivered. 1.8 SUBSTANTIAL COMPLETION A. Substantial Completion shall not be allowed until each and every component of the project has been completed and approved by Engineer. When Contractor considers the Work to be substantially complete, he shall submit to Engineer: 1. A written notice that the Work or designated portion thereof is substantially complete 2. A list of items to be completed or corrected a. Substantial Completion shall be defined as the entire Elks Lodge building removed, site backfilled and restored, all damaged infrastructure repaired. B. Within a reasonable time after receipt of such notice, Engineer will make an inspection to determine the status of completion. C. Should Engineer determine that the Work is not substantially complete: 1. Engineer will promptly notify the Contractor in writing, giving the reasons therefore 2. Contractor shall remedy the deficiencies in the Work and send a second written notice of substantial completion to Engineer. 3. Engineer will re -inspect the Work. C J D. When Engineer finds that the Work is substantially complete, he will: is1. Prepare and deliver to Owner a tentative Certificate of Substantial Completion with a tentative list of items to be completed or corrected before final payment. 2. After consideration of any objections made by the Owner as provided in Conditions of the Contract and when Engineer considers the Work substantially complete, he will execute and deliver to the Owner and the Contractor a definite Certificate of Substantial Completion with a revised tentative list of items to be completed or corrected. 1.9 FINAL INSPECTION A. When Contractor considers the Work is complete, he shall submit written certification that: 1. Contract Documents have been reviewed 2. Work has been inspected for compliance with Contract Documents 3. Work has been completed in accordance with Contract Documents 4. Work is completed and ready for final inspection a. Final Completion shall be defined as all site work complete, clean up and demobilization complete, all salvageable materials delivered and inventoried: the site restored to finish grades and original condition. B. Engineer and Owner will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Engineer consider that the Work is incomplete or defective: 1. 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 Engineer that the Work is complete 3. Engineer will re -inspect the Work is Issue for Construction 01 77 00 - 3 Ditesco June 21, 2012 • • TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 77 00 CLOSEOUT PROCEDURES DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION D. When the Engineer finds that the Work is acceptable under the Contract Documents, he shall request the Contractor to make final closeout submittals. 1.10 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the General Conditions of the Contract. PART 2- PRODUCTS Not Used PART 3- EXECUTION Not Used Issue for Construction June 21. 2012 END OF SECTION 01 77 00 - 4 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 89 00 WASTE REMOVAL/RECYCLING PART 1 —GENERAL DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION SECTION 01 89 00 — WASTE REMOVAL/RECYCLING 1.1 REQUIREMENTS 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; recycled non -hazardous demolition and construction waste 1.2 RELATED SECTIONS A. General Conditions of the Contract B. Section 01 11 00, Summary of Work C. Section 01 74 00, Cleaning and Waste Management D. Section 02 41 19, Selective Demolition 1.3 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 01 74 00. 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 expensed associated with hauling materials to the landfill. PART 2-PRODUCTS Issue for Constuction 01 89 00 -1 Ditesco June 21, 2012 • • C11 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION • 01 89 00 WASTE REMOVAL/RECYCLING 1.4 CONSTRUCTION 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. Location of roll -offs and trash dumpsters shall be as arranged at the pre -construction conference. 1.02 RECYCLED MATERIALS CONTAINERS A. General: refer to Sections 01 11 00 and/or 01 74 00, for specified goal for construction waste diversion. 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. C. The Contractor shall provide secure storage for all salvageable materials that have high recyclable value (copper pipe and wire). PART 3 — EXECUTION • 1.01 RECYCLING DECONSTRUCTION AND DEMOLITION 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. B. 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 01 74 00. 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 Issue for Constuction 01 89 00 - 2 Ditesco June 21, 2012 • counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is 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 0 TECHNICAL SPECIFICATIONS DIVISION 02 — EXISTING CONDITIONS 02 41 00 DEMOLITION PART 1 -GENERAL DOWNTOWN DEVELOPMENT AUTHORIT ELKS LODGE DECONSTRUCTION SECTION 02 41 00 — DEMOLITION 1.1 WORK INCLUDED A. Furnish equipment and labor to dismantle/demolish and remove materials, equipment, fixtures, accessories and systems, including related utilities, to the Elks Lodge building identified in Appendix A. Demolition includes but is not limited to: 1. Demolition of entire building at 140 E. Oak Street as illustrated on the plans also know as: the "Elks Lodge." All other buildings will remain. 2. Demolition 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. Demolition of existing site improvements, such as: complete building structure, fencing, concrete flatwork, pavements and landscaping as directed by Owner or Engineer. Repair and/or replace any concrete and pavement that are damaged by demolition work but are scheduled to remain after the work is completed. 4. Historical Artifacts — Before demolition operations begin, carefully remove in accordance with a list attached to this document in Appendix B 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. 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 Appendix D. 1.2 RELATED SECTIONS A. Section 01 52 00 — Temporary Construction Facilities B. Section 01 73 29 — Cutting and Patching C. Section 01 74 00 - Cleaning and Waste Management D. Section 01 89 00 — Waste Removal Recycling E. Section 02 41 19 — Selective Demolition F. Section 02 42 12 — Deconstruction Equipment and Aids 1.3 REGULATORY REQUIREMENTS A. Contractor shall take all necessary care in demolition and/or any reconstruction on this project so as not to damage or destroy any buildings and features to remain on the Site. Issue for Construction 0241 00-1 Ditesco June 21, 2012 • • • TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORIT DIVISION 02 — EXISTING CONDITIONS ELKS LODGE DECONSTRUCTION • 02 41 00 DEMOLITION 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 around the project. D. Working hours — reference Section 01 32 13 E. Noise pollution — The Contractor shall limit noise during designated working hours to less than 80dB. Any variance from this specification shall be preapproved by the Owner and Engineer. 1.4 ACCESS TO BUILDING AND SITE A. Plan, schedule and conduct selective demolition work in a manner that will minimize the disruption of local merchants business activities and normal administration operations in adjoining buildings PART 2- PRODUCTS 9l:11u[oil 11[9L A. General: Furnish labor, equipment and materials as required to complete demolition as • described in this document. 2.2 SALVAGED MATERIALS A. General: Materials, fixtures and equipment to be removed from the demolished work may be salvaged by the Owner for reuse, or may be salvaged by the Contractor as indicated in Appendix B. B. Contractor shall salvage and deliver the items listed in Appendix B to a location as directed by the Owner. PART 3- EXECUTION 3.1 PREPARATION A. General: Coordinate and execute demolition work in an orderly, neat and timely manner. B. Ensure that all utilities and services to remain in use 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 Engineer 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 Issue for Construction 0241 00 - 2 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORIT DIVISION 02 — EXISTING CONDITIONS ELKS LODGE DECONSTRUCTION 02 41 00 DEMOLITION 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 fumes from equipment or construction operations do not enter adjacent buildings. 3.2 SELECTIVE DEMOLITION A. Perform selective demolition work in a systematic, orderly and careful manner. 1. Demolish concrete and masonry in manageable sections following prepared Work Plans. If necessary, cut concrete and masonry using power driven masonry saw or hand tools. Minimize the use of power -driven impact tools. 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. C. As directed by Owner or Engineer, selectively remove materials with minimal damage for reuse. 3.3 DISPOSAL OF DEMOLISHED MATERIALS A. Promptly remove debris, rubbish and other materials resulting from demolition operations from the building site. Use trash receptacles with tightly fitted covers as specified in Section 01 52 00 and 01 89 00. Do not allow debris to be blown onto adjacent properties. Maintain protected • egress and access at all times. B. Deliver materials to be salvaged at locations directed by the Owner. C. Keep general construction site area reasonably clean, to the satisfaction of the Owner. D. Transport and dispose of materials offsite in a legal manner. E. 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 01 74 00, Cleaning and Waste Management. END OF SECTION • Issue for Construction 0241 00-3 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 11 -EQUIPMENT ELKS LODGE DECONSTRUCTION • 02 42 12 DECONSTRUCTION EQUIPMENT/AIDS SECTION 02 42 12 — DECONSTRUCTION EQUIPMENT/AIDS PART 1 - GENERAL 1.01 REQUIREMENTS A. Furnish and maintain required construction equipment. B. Furnish, install and maintain required construction aids and remove upon completion of work. 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. 5. Cranes, forklifts and other material handling equipment. 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. 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 and Engineer; 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 48 (if applicable). Issue for Construction 024212.1 Ditesco June 21, 2012 TECHNICAL SPECIFICATIONS DIVISION 11 -EQUIPMENT 02 42 12 DECONSTRUCTION EQUIPMENT/AIDS DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION 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 Issue for Construction 02 42 12 - 2 Ditesco June 21, 2012 • • • 18 r1 U TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 31 23 00 EXCAVATION AND FILL DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION SECTION 31 23 00 — EXCAVATION AND FILL PART 1- GENERAL 1.1 DESCRIPTION A. Clearing, grubbing and site preparation B. Removal and disposal of debris C. Handling, storage, transportation, and disposal of excavated material D. Sheeting, shoring, bracing and protection work E. Pumping and dewatering as required or necessary F. Backfilling G. Construction of fills and embankments H. Final grading I. Appurtenant work 1.2 REFERENCES A. ASTM C33—Concrete Aggregates B. ASTM C136—Sieve Analysis of Fine and Coarse Aggregates C. ASTM D1241—Material for Soil Aggregate Subbase, Base and Surface Courses D. ASTM D698—Test Methods for Moisture -Density Relations of Soils and Soil -Aggregate Mixtures Using 5.5 lb Rammer and 12-Inch Drop E. ASTM D1557—Test Methods for Moisture Density Relations of Soils and Soil -Aggregate Mixtures Using 10-lb Rammer and 18 inch drop F. ASTM D4253—Test Methods for Maximum Index Density of Soils Using a Vibratory Table G. ASTM D4254—Test Methods for Minimum Index Density of Soils and Calculations of Relative Density H. ASTM D2922—Test Methods for Density of Soil and Soil -Aggregate Mixtures in Place by Nuclear Methods (Shallow Depth) I. ASTM D3017—Test Method for Moisture Content of Soil and Soil -Aggregate Mixtures 1.3 SUBMITTALS A. Submit under provisions of Section 01 33 00 B. Product Data: Submit on all products or materials supplied herein Issue for Construction 31 23 00 -1 Ditesco June 21,2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 31 23 00 EXCAVATION AND FILL C. Test Reports: Indicate sieve analysis, optimum moisture content and density in accordance with ASTM D698 for cohesive soils including onsite native material. Indicate supplier, sieve analysis, and maximum relative density in accordance with ASTM D4253 and D4254 for crushed rock or gravel, and other cohesionless material for fills and embankment. 1.4 REGULATORY REQUIREMENTS A. Comply with all requirements of State Construction Dewatering Permit (as applicable). 1.5 ENVIRONMENTAL REQUIREMENTS A. Protect adjacent structures and surrounding areas from damage during excavation, filling, and backfilling. B. Protect work from erosion or other similar types of damage until the project has been completed. C. Do not backfill or construct fills during freezing weather. Backfill or construct fills only when temperature is 35°F and rising. D. Do not use frozen materials, snow, or ice in any backfill or fill area. E. Do not backfill or construct fill on frozen surfaces. F. Protect excavated material from becoming frozen. G. Protect trees from permanent damage by construction activities. H. Provide temporary bridges for roadways, walkways, driveways, etc. PART2 PRODUCTS 2.1 MATERIALS A. Classification of Excavated Materials: 1. None 2. Remove and handle excavated materials regardless of type, character, composition, condition, or depth of material at no additional cost to Owner. 3. Remove and handle excavated materials regardless of means, methods and techniques required, at no additional cost to Owner. B. Handling of Excavated Materials: 1. Remove all excavated soils from project Work areas and store at site(s) designated by Contractor. 2. Separate topsoil from trench excavated soils 3. Import off -site job excavated soils only as necessary to accommodate current Work C. Backfill below non -paved areas: 1. Use excess earth from excavation for fill between bedding zone and bottom of topsoil 2. Free from rocks or stones larger than 6 inch in greatest dimension and free from brush, stumps, logs, roots, debris, and organic and other deleterious materials 3. No rocks or stones in upper 18 inch of fill. • Issue for Construction 31 23 00 - 2 Ditesco June 21, 2012 • • TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 31 23 00 EXCAVATION AND FILL DOWNTOWN DEVELOPMENT AUTHORITY ELKS LODGE DECONSTRUCTION D. Topsoil: 1. Native material removed and stockpiled before excavation 2. Free from trash and debris PART 3 EXECUTION 3.1 EXAMINATION A. Field verify the location of all underground utilities, pipelines and structures prior to excavation. 3.2 PERFORMANCE A. Perform work in a safe and proper manner with appropriate precautions against hazard. B. Provide adequate working space and clearances for work performed within excavations. C. Do not undercut excavation faces for extended footings. D. Clean subgrades of loose material before concrete is placed thereon. 3.3 PREPARATION A. Clean and strip subgrade for fills and embankments of surface vegetation, sod, tree stumps and organic topsoil. B. Remove waste materials from site and dispose. C. Remove debris from site daily and dispose of off -site; on -site burning is not permitted. 3.4 TOPSOIL A. Remove and stockpile sufficient topsoil from surface to a minimum depth of 4-inches where the original topsoil will be covered or damaged. B. Import additional clean material to surface fill embankments, berms, and other areas where original topsoil will be covered or damaged. C. At the completion of work, place and grade topsoil to maintain gradient as indicated. 3.5 DEWATERING A. Provide and maintain adequate dewatering equipment to remove and dispose of surface and groundwater entering excavations, trenches, and other parts of the work. B. Dewater excavations which extend to or below groundwater by lowering and keeping the groundwater level beneath such excavation at least 12 inches below the bottom of the excavation. C. Divert surface water or otherwise prevent it from entering excavated areas or trenches to the extent practical without damaging adjacent property. D. Maintain all drainage pipes, keep clean and free of sediment during construction and final cleanup. E. Obtain and comply with conditions of CDPHE construction dewatering permit. Issue for Construction 31 23 00 - 3 Ditesco June 21.2012 TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 31 23 00 EXCAVATION AND FILL 3.6 SHEETING, SHORING AND BRACING • A. Provide proper and substantial sheeting, shoring, and bracing, as required, to prevent caving or sliding, to protect workmen and the Work, and to protect existing structures and facilities. B. Design and build sheeting, shoring, and bracing to withstand all loads that might be caused by earth movement or pressure, and to be rigid, maintaining shape and position under all circumstances. 3.7 CRUSHED ROCK OR GRAVEL FILLS A. Place on suitably prepared subgrade and compacted. B. Compacted by vibration. 3.8 BLASTING A. Blasting or other use of explosives is not permitted 3.9 STRUCTURAL BACKFILL A. Maximum uncompacted thickness of layers: 6 inches B. Compact with mechanical, platform -type tampers C. Minimum density of 98 percent within 2 percent (+/-) optimum moisture content as determined by • ASTM D698. D. Use roller for compaction if necessary to prevent damage to structure and desired density can be obtained. E. Compaction by inundation by water not permitted. F. Do not deposit or compact tamped or otherwise mechanically compacted backfill in water. G. Take particular care to compact backfill which will be beneath slabs, pipes, drives, roads, parking areas, curb, gutters or other surface construction. 3.10 DRAINAGE MAINTENANCE A. Backfill so that water does not accumulate in unfilled or partially filled excavations. B. Do not obstruct surface drainage any longer than necessary. C. Provide and maintain temporary bridges and other structures across unfilled trenches as required to maintain traffic. 3.11 DISPOSAL OF EXCESS EXCAVATED MATERIALS A. Use excess excavated materials in fills and embankments as indicated on the drawings to the extent needed. B. Dispose of suitable excess excavated materials at locations directed by Engineer. Excess • excavated materials shall be hauled off site. Issue for Construction 31 23 00 - 4 Ditesco June 21, 2012 • • • TECHNICAL SPECIFICATIONS DOWNTOWN DEVELOPMENT AUTHORITY DIVISION 01 — GENERAL REQUIREMENTS ELKS LODGE DECONSTRUCTION 31 23 00 EXCAVATION AND FILL C. Remove unused suitable material from the site and dispose of it. D. Remove debris, junk, broken concrete, broken asphalt, rock, stones, stumps, logs, roots, and other unsuitable material from the site and dispose. E. Except as otherwise permitted, dispose of excess excavated materials away from the site of the Work or as directed by Owner. F. Haul excess earth from excavations off -site. 3.12 FINAL GRADING A. After completion of all other outside work and after backfilling is completed and settled, bring all areas of the site to pre -construction grades or as otherwise noted on drawings. B. Graders and other power equipment may be used for final grading and slope dressing if the result is uniform and equivalent to hand work. 3.13 STORMWATER MANAGEMENT PLAN A. Submit General Permit Application to CDPHE for stormwater discharges associated with construction activity and comply with all conditions of the permit. B. Reference Section 01 57 13 — Temporary Erosion and Sediment Control 3.14 SETTLEMENT A. Warranty for settlement of all fills, embankments, and backfills is stipulated in the General Conditions from final completion of Contract under which Work is performed. B. Repair or replace within 30 days after notice by Engineer or Owner. 3.15 FIELD QUALITY CONTROL A. Provided by Owner under separate contract. B. Coordinate and all tests to determine compliance of in -place and backfill materials and compaction in accordance with the specifications C. Fills and Embankment: 1. One moisture -density relationship tests, ASTM D698 on each type of fill material 2. One in -place compaction test for every 1.5 feet of vertical lift of material placed Issue for Construction June 21, 2012 END OF SECTION 312300-5 Ditesco SECTION 00300 1_ll_ll �dWil u 0 SECTION 00300 BID FORM PROJECT: 7404 Elks Lodge Deconstruction Place: Date: In compliance with your Invitation to Bid dated 120 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. 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. The undersigned Bidder hereby acknowledges receipt of Addenda No. through 10 F6rt City of Collins Purchasing Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgovcom/purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ELKS LODGE DECONSTRUCTION PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS JULY 24, 2012 — 3:00 P.M. (OUR CLOCK) • 8. BID SCHEDULE (Base Bid) Contractor to provide for the deconstruction and dismantling of the Downtown Development Authority's Elks Lodge building per these specifications, drawings, and contract documents. Lump Sum Base Bid — 70% Landfill Diversion Rate In Additive Bid Alternates Contractor is to provide all inclusive pricing for the bid alternates listed below. Add Alternate 1: 80% Landfill Diversion — LS Add Alternate 2: 90% Landfill Diversion — LS Add Alternate 3: Complete Removal of foundation walls, slabs, footings and any below grade items as part of the building system. Add Alternate 4: Purchase, haul, place, compact and finish to established grades, 4-inches of recycled asphalt • crushed to Class 5 or 6 aggregate base course gradation. $ Unit Price Items (additive or deductive to contract) 0 Unit Description Unit Unit Price Imported Structural Fill TON Building Bricks 100 brick pallet or LOT Foundation Block 20 block pallet or LOT Asphalt Repair TON Sidewalk Repair SF Concrete Pavement Repair SF Paver Removal/Replacement SF Concrete Band LF Bearing Wood Trusses EA Remove, set aside 2 x 12 Wood Floor Joist gLF 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: CONTRACTOR BY: Printed Date Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone Email 0 0 r"1 n LJ SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors • SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 7404 Elks Lodge Deconstruction. 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. • 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: SURETY By: By: _ Title: Title: ATTEST: By: (SEAL) • 0 (SEAL) • 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 91 the appropriate anticipated dates of completion.) General character of Work performed by your company: Have you ever failed to complete any Work awarded to you?, If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? If yes list agency name 0 • 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? 0 20. Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL 21. What are the limits of your public liability? DETAIL What company? 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at this day of 20_. Name of Bidder By: State of _ County of is of being duly sworn deposes and says that he 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 (Seal) Notary Public 0 My commission expires: 20_ • SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10% of the contract. ITEM 0 SUBCONTRACTOR SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed • • • AMENDMENT NO. 1 TO SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ELKS LODGE DECONSTRUCTION BID NO. 7404 This Amendment to the Specifications and Contract Documents for Elks Lodge Deconstruction, Bid No. 7404 (hereinafter referred to as the "Contract Documents'), is made and entered into on the date of the last signature below written by and between The Fort Collins, Colorado, Downtown Development Authority, (hereinafter referred to as the "DDA"), and Alpine Demolition Inc., (hereinafter referred to as the "Contractor"). By intergovernmental agreement between the City of Fort Collins (hereinafter referred to as the "City") and the DDA, the City provides purchasing assistance to the DDA. The DDA and the Contractor agree that, while the Elks Lodge Deconstruction Project (Bid No. 7404) was advertised for bidding through the City's Purchasing Department using City procurement procedures, the project Owner is the DDA, not the City. The Contract Documents, however, incorrectly refer to the City as the project owner. Through this Amendment, any and all references to "Owner" or "project owner" contained within the Contract Documents shall be retroactively changed to define "Owner" or "project owner" as the DDA. Contract Document sections changed through this Amendment shall include, but shall not be limited to, the following: Section 00020 — Invitation to Bid Section 00100 — Instructions to Bidders • Section 00300 — Bid Form Section 00400 — Supplements to Bid Forms • Section 00510 — Notice of Award • Section 00520 — Agreement • Section 00530 — Notice to Proceed • Section 00610 — Performance Bond • Section 00615 — Payment Bond Section 00630 — Certificate of Insurance Section 00635 — Certificate of Substantial Completion • Section 00640 — Certificate of Final Acceptance • Section 00650 — Lien Waiver Release (CONTRACTOR) Section 00660 — Consent of Surety • Section 00670 — Application for Exemption Certificate Section 00700 — General Conditions Section 00800 — Supplementary Conditions Division 01 11 00 — Summary of Work Division 01 22 00 — Measurement and Payment • Division 01 31 00 — Project Management and Coordination • Division 01 31 19 — Project Meetings • Division 01 32 13 — Project Schedules Division 01 33 00 — Submittal Procedures Elks Deconstruction Amendment No. 1 Page 1 of 2 SECTION 00510 NOTICE OF AWARD Date: 8/23/12 TO: Alpine Demolition Inc. PROJECT: 7404 Elks Lodge Deconstruction OWNER: The Fort Collins, Colorado, Downtown Development Authority (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated July 24, 2012 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7404 Elks Lodge Deconstruction. The Price of your Agreement is Two Hundred Fifty Seven Thousand Eight Hundred Thirteen Dollars and Zero Cents. ($257,813.00). 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 August 24 , 2012. 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. The Fort Collins, Colorado. Downtown Development Authorit OWNER By: Matt Robe alt " Executive a for 0 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 DDA. The Fort Collins, Colorado, Downtown Development Authority (hereinafter called OWNER) and Alpine Demolition, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7404 Elks Lodge Deconstruction. ARTICLE 2. ENGINEER The Project has been designed by Ditesco, 1315 Oakridge Drive, Suite 120, Fort Collins, CO 80525 who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will • have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within eighty-three (83) 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 thirteen (13) 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. 1) Substantial Completion: Seven Hundred Sixty -Five Dollars ($765.00) for each calendar day or fraction thereof that expires after the eighty-three (83) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. • 2) Final Acceptance: After Substantial Completion, Two Hundred Fifty Dollars ($250.00) for each calendar day or fraction thereof that expires after the thirteen (13) 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: Two Hundred Fifty Seven Thousand Eight Hundred Thirteen Dollars, ($257,813.00), 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, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, 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. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER 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 equial to 100% of the Work completed. 95% 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 Section 00520 Page 3 for payment.. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract 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. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases is7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate n U 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: All drawings included in Appendix A of the Project Manual. The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7.The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. • 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. CJ IN WITNESS WHEREOF, the parties hereto have signature below written. Attest: Bill Sears, Secret ry Alpine Demolition, Inc • Address for giving notices: License No.: L 0 executed this Agreement the day and year of the last 0 lc-7 (0a SECTION 00530 NOTICE TO PROCEED Description of Work: 7404 Elks Lodge Deconstruction 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. The Fort Collins. Colorado Downtown Development Authoritv OWNER Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this CONTRACTOR: M Title: • day of , 20_. 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 L J 0 SECTION 00610 PERFORMANCE BOND Bond No,DVIFSU 0549395 KNOW ALL MEN BY THESE PRESENTS: that (Firm) ALPINE DEMOLITION, INC. (Address) 5790 West 56th Avenue, Unit C, Arvada, Colorado 80002 (wxiurdivktm#, (a;f3ar ipX (a Corporation), hereinafter referred to as the 'Principal' and (Firm) INTERNATIONAL FIDELITY INSURANCE COMPANY (Address)One Newark Center, Newark, New Jersey 07102-5207 hereinafter referred to as "the Surety", are held and firmly bound unto The Fort Collins Colorado, Downtown Development Authority, 19 Old Town Sauare, Suite 230 Fort Collins. Colorado 80524 a (Body Corporate and Politic) hereinafter referred to as the "OWNER", in the penal sum of TWO HUNDRED* 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 Fort Collins, Colorado, Downtown Development Authority project, 7404 Elks Lodge Deconstruction. 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. 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. Section 00610 Page 1 *FIFTY SEVEN THOUSAND EIGHT HUNDRED THIRTEEN AND N0/100 DOLLARS ($257,813.00) IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _ day of , 20_. Not Appl-1'Cab_l e,r:==': ro : f oApplicable '"IN;PRES CE OF: Y B: By: Principal ALPINE DEMOLITION, INC BY (Title) 5790 West 56th Avenue, Unit C _. Arvada, Colorado 80002 (Address) Other Partners Not Applicable By; Not Applicable Surety INTERNATIONAL FIDELITY INSURANCE iia M. Bu'. Suite 100 Littleton, Colorado B= Littleton, Colorado 80120 :: > (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Section 00610 Page 2 Corre .in r. u _, ,� 1J r-� 1ti011"���� n�yr•cnAt • Division 01 52 00 — Temporary Construction Facilities Division 01 55 26 — Traffic Control • Division 01 57 13 — Temporary Erosion and Sediment Control • Division 01 73 29 — Cutting and Patching Division 01 74 00 — Cleaning and Waste Management Division 01 89 00 — Waste Removal and Recycling • Division 02 41 00 — Demolition 0 is Division 02 42 12 — Deconstruction Equipment/Aids • Division 31 23 00 — Excavation and Fill Appendix A — Deconstruction Phasing Plans Appendix B — Salvageable Materials List • Appendix C — Project Schedule Appendix D — Abatement Report Appendix E — Geotechnical Report CONTRACTOR: ALPINE DEMOLITION, INC. OWNER:ITHE FORT COLLINS..CO0okADC ,J ! Wynne 0d II, Cha%%7E Date: / 131 Attest: 646z�t Bill Sears, Se retary DOWNTOWN DEVELOPMENT AUTHORITY Elks Deconstruction Amendment No. 1 Page 2 of 2 SECTION 00615 PAYMENT BOND Bond No. DVIFSU 0549395 KNOW ALL MEN BY THESE PRESENTS: that (Firm) ALPINE DEMOLITION, INC. (Address) 5790 West 56th Avenue, Unit C, Arvada, Colorado 80002 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) INTERNATIONAL FIDELITY INSURANCE COMPANY (Address) One Newark Center, Newark, New Jersey 07102-5207 hereinafter referred to as "the Surety", are held and firmly bound unto The Fort Collins. Colorado, Downtown Development Authority, 19 Old Town Square, Suite 230 Fort Collins Colorado 80524 a (Body Corporate and Politic) 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 Fort Collins, Colorado, Downtown Development Authority project, 7404 Elks Lodge Deconstruction. 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. 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. Section 00615 Page 1 *TWO HUNDRED FIFTY SEVEN THOUSAND EIGHT HUNDRED THIRTEEN AND N0/100 DOLLARS ($257,813.00) IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _ day of _, 20. t Ip;neOo!�.. =~co > (Corp"o , ee n > r IN P,RES Ni � %. >�Un Aaknnl i nR Principal ALPINE DEMOLITION, INC. /P-- (Title) 5790 West 56th Avenue, Unit C , Colorado 80002 (Address) Other Partners Not Applicable Not Applicable IN PRES E OF Surety INTERNATIONAL FIDELITY INSURANCE C WITNESS B, %/JL�;�jJBy; 1' �1j�� 4 &//� Ynthia M. Burr David J. ninger 800 South E'lati Street, Suite 100 Littleton, Colorado 19VX Littleton, Colorado 80120 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Section 00615 Page 2 K -1kNOW 'ALL14 laws of the ofNew;Jeisey andhavmg iL5 pnncipal�office mtheCity of Newark New Jersey, does hereby ronstitote.and appmn[ .� J. ig qa W, D ve "Co .............. .......... ................ ...... - ......... .......... ........ and its true and lawful atiomey(s)-jri-fitct to exe6mescal and deliver for and on its behalf.as surely, an�,.�ud all bonds and undertakings, .contracts of inderrinity, other writings 6bligamry.m the nature thereof,'��hich are or may;be allowed, required or law;stature, rtde, rwlatiWcontract or otherwise and, execution of suchjnsmamenns)� I in1pursuance',of these presents�'�slufll be,as,bin( the,,e inig. up e said INTERNAT NAL'FIDELITY INSURANCE COMPANY; as4ully'and arnply,m all pintenWand 'purposes . as if the same had been duly exccuted-and'ackri6wledged.by its regdIarly'elecuid officirs'atlirsji,' w", principal office.;%, This Nw"er of Alto rm­;e','is executed, and ma be revoked, pursuant to and 6y"anifiority of Article I -Section of the Maws adotted by the Board of INTERNATIONALDirect6rsof,FIDELITY INSURANCE COMPANY, at a meeting called and.held on the 7th day of ebruary, 97 X The Preside"n't or any'Vice'Prc�sideot, Executive�Vice,Prcsiderft Secretary or Assistant Secretary,'shall Have powe't'and'authority X, To appoint �Ati;meys-in-fact; and (o,authorize them to execute on behalf of the Company, afid'attach the Sea] of the Companyythereto, bonds and,�.,. undertakings, contracts of indemnity and other writings obligatory the nature thereof and, (2) To remove, at any time, any such art"' 'rity given.'� It attorney and revoke authority r. Further, this Power of Attorney is signed and '.4ealcd by facsimile pursuant to resolution of the Board of Directors of said Companylaildpie&a( a meeting duly called and held on the 29th day ofzApril, 1982 of which the following is a true excerpt:,,, e Now therefore the signatures of such officers and the seal of the Company may be affixed to any such cover of attorney or. any certificate relating thereto by facsimile, and any such power of attorney or certificate hearing such facsimile'signittures or facsimile power he valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seat shall be valid and binding upon the Company in e future with respect to any, bond or undertaking to which it is attached. Ty IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A . 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY SUL o4 Ci STATE OF NEW JERSEY s'"�.�sA� County. of Essex E Secretery On this 16th day of October 2007, before me came the individual who'executed the.preceding too I, tome'personally known, and,'Iieing by me duly,, 4 MELIW a sworn, mid the he is'the,therein described and% -authorized officer of the. , INTERNATIONAL INSURANCE C MPANY; that the.seal affixed to, said instrument is the Comomte'Seali of said Conmany: that the'said Comorate Seal and his signature were 'duly -affixed by older of the'Board of. Direcmrs'of.^,k • SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Section 00630 Page 1 AEoe�i CERTIFICATE OF LIABILITY INSURANCE V THIS citkTIPICATS IS ISSUED O q MATTER OF OVERAGE AFI ONLY AN CONFERS NORIGHTS UPON E CERTIFICATE HOL NEGATIVELY AMEND, EXTEND THALTER THE RESENAOE AFFOR6D BY THE POLICIES BELOW. THIS CERTIFICATE OF INSUR THE INSSUMJO INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPON ANT: If the ce.SBcate holder Is an ADDITIONAL INSURED, the po Leal a uat bQ endorsed. N SUBRobATION is WAIVE ..Amin Page" My require an erM.r.arMnl A...arri an IN. ertifirare does no center riohee so IM cartiaeafe holder In I1a PRODUCER CONTACT NAME: liackett Insurance PHONE (WC, N.1: Agency PHON s: $080 RAlaton RIxw PRODUCER CUSTOMER Ion A[ da, CO 80W2 (303)420-8061 INSURERS AFFORDW NOUREO Alpine Dernolitian, Ino. 5790W.56aAwC Arvada. CO $0002 INSURERA: U01my In INSURERS; Evanston INSURERC: American INSURER 0: Great Am INSURER E: OATS(rwM0DIYYYY)0SRDRAI2 FAX(A/C, Noy Risk NAIC THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREU NAMkU ABUvb FUN I nc r'vLI0T rcnluu INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDD/YYI POLICY EXPIRATION DATEIMmivarrY) LIMOS A X ® oRIGRAL LNBILIW COMMERICAL GENERAL LIABILITY ❑CWMS MADE NOCCUR GL951504 3-M-a 3-ZB-13 FA[ DCCURENCE $1,000,000 DAMAGE TO RENTFJ] PREMISES a.nEO os E100,1)00 MEDEXP(AnrynrNpersan) $5,000 ® XC&U PERSONAL & ADV INJURY $1,000,000 ❑ GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: ❑ POLICY ® PROJECT ❑ LOG PRODUCTS - COMPIOP AGO $2,000,000 ❑ AUTOMOBILE LIABILITY ❑ ANY AUTO COMBWEDSINGLELIMIT (Each Occvga ) $ BODILY INJURY (PerFDn) $ ❑ ALL OWNED AUTOS ❑ SCHEDULEDAUTOS BODILY INJURY (Par $ ❑HIRED AUTOS ❑ NONOVNED AUTOS PROPERTY DAMAGE (Per aaidanI) $ ❑ — S ®EXGESSAIMBRELLA LIABILITY ® OCCUR [I CLAIMS MADE CUBW4056212 8-15-12 8-15-13 EACH OCCURRENCE E 10,000,000 AGGREGATE E 10,000,000 S ❑ DEIXICTIBLE ® RETENTION $nMQ $ i ❑WcaDde" COMPENSATIONAND EMPLOYERS' LIABILITY WC STATU- OTH- ❑ TORY LIMITS ❑ ER 151, EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECU-THE OFFICER/MEMBER EXCl1JDEDT SYea detainee under E.L, DISEASE -EA EMPLOYEE $ SPECIAL PROvG1ONS below YIN E.L. DISEASE - POLICY LIMIT $ C ® OTHER Pollution Congaetem Equipment ENVII8323-1 IMP836-40-96- 02 8-15-12 11-13-11 8.15-13 11.13.12 1 $5'wD,00D 4714.000 1 $2500 Dad. DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (anw h ACORD, till, Additiorail Remarks Schedule, N More Spare M required) Certihoate kidder b additional r urod In a Primary and nonoartnbutary basi i with waiver of riyhb endorsement when required by .mead and lose payee. The umtxeSa IlablIny Insurance shall apply on .'quote following inn' basis m the underlying policies. SHOULD ANY OF THE ABOVE DBECRIBEO POLICIES BE CANCELLED BEFORE THE Downtown Development Authority, DITESCO EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH 'City'.pf, Port Collins rHEPOLICy'9 21ONS. AUT _1.9...o1d;.T6wn Square Suite 230 D �eNTATVE !7 ' W • SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: THE FORT COLLINS COLORADO DOWNTOWN DEVELOPMENT AUTHORITY (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7404 Elks Lodge Deconstruction PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins. Colorado INCLUDE: OWNER: The Fort Collins. Colorado Downtown Development Authority 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. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. THE FORT COLLINS COLORADO DOWNTOWN DEVELOPMENT AUTHORITY OWNER REMARKS: • By: AUTHORIZED REPRESENTATIVE DATE Section 00635 Page 1 MW TO: Gentlemen: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE You are hereby notified that on the _ day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for The Fort Collins, Colorado, Downtown Development Authority project, 7404 Elks Lodge Deconstruction. 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: The Fort Collins Colorado Downtown Development Authority By: Title: ATTEST: Title: • Section 00640 Page 1 • SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: The Fort Collins, Colorado, Downtown Development Authority (OWNER) FROM: (CONTRACTOR) PROJECT: 7404 Elks Lodge Deconstruction The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the 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. Section 00650 Page 1 • Signed this day of 20_. CONTRACTOR A 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: _The Fort Collins Colorado Downtown Development Authoritv (hereinafter referred to as the "OWNER") CONTRACTO PROJECT: 7404 Elks Lodge Deconstruction CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond 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) 0 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. Section 00660 Page 1 • 0 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 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS SOILS REPORT SECTION 00670 Is • •DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 0 A CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) ycThe 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. RegistratioNAocount No. (to be assigned by DOR) Penod 70, 89 _ 70-750 (999) $0.00 CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number: ( ) Business telephone number: Colorado withholding tax account number: Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be 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 ties) where project is located) Scheduled Month Day Year construction start date: Estimated Month Day Year completion date' if 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: M. . Title of corporate officer: Date: vv rtv I vvmi 1 E t3tLVVV I HiJ LINE 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. • 0 DR 0160 (0=8107) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261.0013 CERTIFICATE OF EXEMPTION FOR COLORADO STATE SALES/USE TAX ONLY OTHIS LICENSE IS NOT TRANSFERABLE 0 USE ACCOUNT NUMBER for all references LIABILITY INFORMATION ISSUE DATE 98-20320-0000 06 031 G 090109 SEP 15 2009 19 OLD TOWN SQ 230 FT COLLINS CO FT COLLINS DOWNTOWN DEVELOPMENT AUTH 19 OLD TOWN SQ 230 FT COLLINS CO 80524 ExewtNe Director Department of Revenue NEW AUTOMATED SERVICES FOR AND ABOUT BUSINESSES The Colorado Department of Revenue Sales Tax Information System provides the following automated services: ` Colorado Sales Tax Rates - find specific city, county and special district rates. • Verification of Sales Tax License Exemption Numbers - determine whether a Colorado sales tax license or exemption certificate is valid. ' Tax Rates by Account Number - find sales tax rates and locations for specific sales tax accounts. These services make It possible for taxpayers to help themselves to information 24 hours a day - without requiring the assistance of a customer service representative. In this way, more complicated or confidential tax information inquiries can be reserved for speaking to a live agent. Listen and look for these services on the department's business tax information phone line at 303-238-FAST (3278) for specific account Information, 303-238-SERV (7378) for general Information or the DOR Web site at www.taxcolorado.com Web users can try the new system online at www.taxview.state.co.us We are Interested In your comments about the system. You can send us an e-mail with your comments through our Department of Revenue Web site. C� 0 0 SECTION 00700 GENERAL CONDITIONS • GENERAL CONDITIONS CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRC[CT[ON CONTRACT prepared by the Engineers Joint Contract Documents Committee, HJCDC No. 1910-8 (1990 Hdition), ns a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. • EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 11 Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL CONDRIONIS Page Article or Paragraph Num Ixr Number &-ritic DEFINITIONS I 1.1 Addenda 1 1.2 Agreement ..........................................1 1-3 Application for Payment ..................... _ 1. 1.4 Asbestos 1.5 Bid 1.6 Bidding 1u­­e*n mts --- ........... ........ I. 1.7 Bidding Requirentents.- ...... ­ ............... 1, 1.8 Bonch 1 1.9 Change Order............ ­ ........................I 1.10 Contract Documents ............... ......... .. I 1.11 Contract Price 1.12 Contract Times 1.13 CONTRACTOR 1 1.14 defective .................... ­ ...... 'I 1.15 Drawings_....._..._..._._. I..._....... 1.16 Effective Date of the Agreemcrit 1 1.17 ENGINEER I LIS ENG NIEERs Consultant 1 1.19 Field Order......................................... J 0 General Requirements 1.21 ......................... Hazardous Waste 2 1.22.a Laws and Regulations; Laws or Regulations ............................. ­ ...... 1.22.b Legal Ifolidays .................................... 1.23' Liens 1.24 Milestone 2 1.25 Notice of Award 2 1.26 Notice to Proceed 2 1.27 OWNER 1_28 Partial Utilization 2 1.29 PCBs .................................................. 2 1.30 Petroleum 2 1.31 Project.------.......... 2 1.32,a Radioactive Material ............................ 132.b Regular Working Hours 2 1.33 ............. .......... Resident Project Representative,..,,.,-,,,,? 1.34 Samples ............. 1.35 Shop Drawings_ ....................... 2 1.36 ........ Specifications .....................................2 1.17 Subcontractor 1.38 Substantial Completion ......... ** ....... ....2 1.39 Supplementary Conditions,,,,,,,,,,,,,,,,,,,? 1.40 Supplier ........................_....................2 1.41 Underground Facilities..._.......,._..... 1_3 1.42 Unit Price Work ............:.......I............ 3 L43 Work ..................................................3 1.44 Work Change Directive ...... .......... 3 1.45 Written Amendment page Number 2. PRELINEINARY NLATTERS 3 2.1 Delivery of Bonds .............................3 Copies of Documeot_S........................3 13 Commencement of Contract Timcs; Notice to proceed ............... 3 2.4 Starting the Work ................... 3 1.5-2.7 Before Starting Construction-. CONITRACTOR's Responsibility to Report; Preliminary SLIiAles; Delivery of Certificates of Insurance 3-4 2.8 Preconstruction Conference,,,,,,,,,,,,,, 4 2.9 Initially Acceptable Sehedule!.__....A 3. CONTRACT DOCU1vffi'NTS: IN7EYr, ANIFNI)ING, REUSH'..' ... ........... ­ ........ 4 .3.1-3.2 Intent 4 3.3 Reference to Standards and Speci- fications ofTechnical Societies; Reporting and Re -solving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives ..................................... S 3.5 Amending Contract Duciments ......... 5 3.6 Supplementing Contract Documents 3.7 Reuse of Documents 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS: REFERMICE PORNITS 5 4.1 Availability of Lands„................... 5-6 4.2 Subsurface and Physical Conditions 6 4.2.1 Reports and Drawings. ..................... 4.2.21 Limited Reliance by CONTRAC- TOR Authorized; Technical Data 4-2.3 Notice of Differing Subsurface or Physical Conditions .................. jG 4.2.4 FNCTMER's Review 6 4.15 Possible Contract Documents Change.........................................6 4.2.6 Possible Price and Times Adjustments ................... ........... 6-7 4.3 Physical Conditions --Underground Facilities—— .......... I ...................... 4.3.1 Shown or Indicated ..........................7 4.3.2 Not Shown or Indicated 4.4 Reference Points..... ..... .............. L'xt)c ati'mim com)rriONS 1910,8 41990 EDITION) w/(.1TY OF FORT COLLINS MODIFICATIONS (RF),9!99) 0 0 0 • • 0 Article or Paragraph Number &'title Page Article or Paragraph Number Number & Title 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material .... ................. 7-8 5. BONDS .AND NSIIRANCE................................. 8 5.1-5.2 Performance, Payment and Other Bonds....._ ....................................... 5.3 Licensed Sureties and Insurers; Certificates of Insurance ...... ..........._, 8 5.4 CONfRAcro 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 Prmisien 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts .................... 10 5 10 Other Special Insurance ................... 10 5,11 Waiver of Rights. ... ...... ' ights................ ......._ ,., it 5.12-5.13 Receipt and Application of Insurance Proceeds ....................10-11 5.14 Acceptance or Bonds and lnstr- ance; Option to Replace....................)1 5.15 Partial Utilization --Property Insurance ......................................:: it 6. CONrfRACTOR'S RESPONSIBILITIES 6.1-6.2 Supervision and Superintendeneq.......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., ...... ..... I --14 6.15 Taxes........................................._14-15 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 6.21 Safety Representative .........................16 6.22 Hazard Communication Programs,,,,,_ 16 6.23 Emergencies................................4....16 6.24 Shop Drawings and Sam pIq..............16 it Page Num bcr 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal 16 626 Shop Drawing & Sample Submit- tals Review by ENGINEER ..... ,16-17 6.27 Responsibility for Variations From Contract Documents -17 6.28 Related Work Performed Prior to F.NGNEER's Review and Approval of Required Submittals ................................... 17 6.29 Continuing the Work.....................17 6,30 CONTRACTOR's General Warranty and Guarantcz 17 6.31-633 Indemnification 17-18 6,34 Survival or Obligations ...................1S 7. OTIE-R WORK...........................:.....................18 TI-7.3 Related Work at Site.: ............ I., ...... is T4 Coordination ......... ............... ..... .,.18 S. OWNER'S RESPONSIBILITIES ......... ................ J S 8.1 Communications to CON- TRACTOR ................................. 18 8.2 Replacement of ENGINEER,,,,, ....... IS 8.3 Furnish Data and Pay Promptly When Due..................................IS SA Lands and Easements; Reports and Tests...............................18-19 8.5 Insurance....................................:..19 8.6 Change Onkrs„..............*......,,..,.-, )9 9.7 inspections, Tests and Approvals ...................................19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services ......................................19 89 Limitations on OWNER'S ResponsibiI ities ............ . ............19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material,,,,,,.,._,_ 19 8.11 Evidence of Financal Arrangements .............................19 9. ENG tNEER'S STATUS DURNG CONSTRUCTION ............... _.. _... ..................19 9.1 OWNER's Representative...............19 9.2 Visits to Site..................................19 93 Project Representative ...............19-21 9.4 Clarifications and Interpre- tations......................................... 21 9.5 Authorized Variations in Wrk....... .21 e CDC GENERAL CONDITIONS 1910.8 (1990 FDMOM w/ CITY OF FORT COLLINS INIODIFtCA rIONS (REV )t99) Article or paragraph page Article or Paragraph Number 1 Title Number Number 3 Title 9.6 Rejecti na, D:.fecttve Work...................21 9.7-9.9 Shop Drawings, Change Orders and Payments ....................................21 9.10 Determinatims for Unit Prices....., 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter 9.13 ..............22 Limitations onENGINEER's Authority and Responsibilities.,,, -23 CIIANGES IN THE. WORK 23 101 OVVNF.R's Ordered Change................23 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 CONCRAm' PRICE ...... .. ....................... 23 I1.1-11.3 Contract Price; ClaimCor 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 CO\rl'R.4C'I'OR's Fee................„......25 11.7 Cost Records..... ................... ...... _225-26 ILS Cash Allowanccs 26 11.9 Unit Prig Work ............................ .,.M CBIAN'GE OF CONTRACT ThMES .............................;6 ]2.1 Claim for Adjustment. ........................26 12.2 Time of the Essence 26 12.3 Delays Beyond CONTRACTOR's Control 26-^7 12.4 Delays Beyond OW'NF.R's and CONTRACTOR's Control................17 TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DFFECT7F-E WORK ..................................................27 13.1 Notice of Defects..............................17 13:2 Access to the Work_..........................27 13.3 Tests and Inspections; CONTRACTOR's Cooperation,.,,,,,,. 27 13.4 OWNTER'sResponsibilities; Independent Testing Laboratory... ,... 27 13.5 CONTRACTOR's Responsibilities ............................... 27 13.6-13.7 Covering Work Prior to Inspec- tion- Testing or Approval ,,,,,,,,,,,,27 13S-13.9 Uncovering Work to ENGI Page Number NEER's Rcquzst..................... 27-28 13.10 OWNER play Stop the Work. ..........28 13,11 Correction or Removal of Defective Work ...........................28 13.12 Correction Period 2S 13.13 Acceptance of Defective Work...,,,,. 28 13.14 OWNER Nlay Correct Defective Work 28-29 PAY\TENTS TO CONTRACTOR AND COMPLETION ................................... ....................... 20 14.1 Schedule of Values .......................... 29 14.2 Application for Progress Pavm ent 29 143 CO,NrfRA( I'OR's Warranty of Title ........................................... 29 14A-14.7 Review of Applications for Progress Payments ................. 29-30 14.8-14.9 Substantial Completion,,,,,,,,,,,,,,_„ 30 14.10 Partial Utilization... ................. X-31 14.11 Final Inspection .............................31 14.12 Final Application for Payment ........ 14.13-14.14 Final Payment and Acceptance ...... _31 14.15 Waiver of Claims ..31-32 ..................... 15. SUSPENSION OF WORK AND TERMINA•1' ION................................................32 15.1 OWNER May Suspend Work .......... 32 15.2-15.4 OWNER May Terminate............_..3'_ 15.5 CONTRACTOR Nay Stop Work or Terminate 32-33 16. DISPU7E RESOLUTION 33 17. VISCELL.ANFOUS 33 17.1 Giving Notice ................................ 33 17.2 Computation of Times...................33 173 Notice of Claim,,..,,.....__._........._.33 17.4 Cumulative Remedies,,,,,,,,,,,;,,,,,,,,,33 17.5 Professional Foes and Court Costs Included ................ I ......... .. 33 I T6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 Intentionally left blank ,,,,,,,,,,,,........................... 35 F-MMIT GC -A: (Optional) Dispute Resolution Agreement,,,,,,,,,,,,,_,,,,,, GC -Al 16.1.16-6 Arbitration GC -AI 16.7 Mediation GC -Al FJCDC:OFNFIUL CONDITIONS 1910-311990 FOITIOM at CITY OF FORT COLLINS MODIFICATIONS (RF.V 9!991 E • 0 0 0 0 INDEX TO GENERAL CONDITIONS Citv of Fort Collins modifications to the General Condition, of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance ........................................5.14 .... .............. * .......... 5.14 defective Work ............................10A.1, 13,5, 13.13 final payment ..... ........... ........................ 9. 1 ? 14.15 insurance ......................................................... 5.14 other WorL by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Items ................... _63.1 Work by OWNER ...............................25, 6.30, 6.34 Access to the -- Lands, OWNER and CONI*RACTOR responsibilities .............................................. 4.1 site, related Work ................. ............ .......... 7.2 Work . ..........................................13.2, 13.14. 14.9 Acts or Omissions, Acts and Om issions-- CONTRACTOR ............... ................... 6.90, 9.13.3 ENGINFER.... _... ................................. 6.20, 9.13.3 OWNER.................................................... 0.20. 8.9 Addenda--d6inition of (also see definition of Specifications) ...... ,(] -6. 1.10, 6.19), 1.1 Additional Property Insurances ................................. 5,7 Adjustments - Contract Price or Contract Times 1.5, 3.5, 4.1, 4.3.2. 4.5.2. ............................. 4_5.3. 9.4. 9-5. 10.2-10.4, .........................................11, 12, 14.8. 151 progress schedule. .......... ......... 1. ................. Aprccment-- definition o(, 1.2 'All -Risk" Insurance, policy form ... ............... ... 5.42 Allowances, Cash ....................................................11.8 AmendingContract Documents .................... Amendment, Written -- in general..,. ...... ..... 1. 10, 1.45, 3.5, 5.10, 5.12, 6.6.2 .......................... �.8.2, 6.19, 10.1, 10.4, 11.2 .................................... 12.1, 13.122, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ........................... �, 10. 9.11, 10.4, 16.2, 16.5 Application for Payment -- definition o( ......................................................1.3 ENICUNIFFR's Responsibility ............................... 9.9 final payment„ 9.13-5,.14.12-14.15 in general ........................... 2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment .... I ......................... ........ 14.1-14.7 review of ............ ....................................... 14.4-14.7 Arbitration __.16.1.16.6 Asbestos -- claims pursuant thereto.. .... I .................... 4.5.2, 4,5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of .................. ............... .......... 1.4 Article or Paragraph Number OWNER responsibility for,.,_,,,,,,,,,,,,,,,,,,,,,,,, 4.5.1,8.10 possible price and times change„ ........... ........ A.5.2 Authorized Variations in Work 3.6. 6.25. 6.27, 9.5 Availability of Linds___ .... .............. _ ........... 4.1.8.4 Award, Notice of--del'ined, ...................................... 1-2i Before Starting Construction .......... _ ................... 1.5-2.8 Bid --definition of ..... ......... __ .... 1.5 (1.1, 1.10, 2A 3.3, ......................... 4.2.6.4, 6.13, 11.4.3, 11.9. 1 Bidding Documents -definition of ......................... 1.6(6.8.2) Bidding Requiremems--definition of .........................................1.7 (1.1, 4.16.2) Bonds -- acceptance of ....................................--.-..........:5.14 additional bonds 10.4;. 11.4,5.9 Cost of the Work ................. ........................... 11.5.4 definition of .......................................................1.8 delivery of ......... ....... .......... 2. 1, 5.1 : final Application for Payment ...... ... f4.12-1414 general ....................................... I � 10, 5. 1-5.3, 5.13, I ........ 44­­ ................ 9.1110.5. 14.7.6 Performance, Payment and Other ......... ......... 5. 1-5.2 Bonds and Insurance --in general ... 11.1 ..........................5 Builder's risk 'all-risk" policy form .........................5.6.2 Cancellation Provisions, Insurance .......... 5.4.11, 5.8, 5.15 Cash Allowances 11.8 Certificate of Substantial Completion * 6.30.2.3, 14.8. 14.10 Certificates of Inspection ............... .... 9,13.4, 13.5, 14.12 Certificates of Insurance -------- 2.7. 5.3, 5.4.11. 5.4.13. .................. 5, 6.115), 5,8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances IL8 claim for price adjustment,,,,,,,,,_, 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 .. .... ... I ........ 9.5, MI. 10.2, MS. 11.2. 13.9. ........................ 13.13, 13.14, 14.7, 1 5. 1, 15.5 CONTRACTOR's ree .........................................11.6 Cost of the Work general ............................................... I 1. 4-113 Exclusions to J 1.5 Cost Records 113 in general .............j.19, 1.44, 9,11, 10.4.2, 10.4.3, 11 Lump Stan Priciig ...................... ................... IL3.2 Notification of Surety, .............. ......... I..............10.5 Scope of ...... _4 ...... ................. ............... 10.3-10.4 Testing and Inspection. Uncovering the Work, .......... ................... -.13-9 EKMC OLNERAL COINDMONS 1910-8 (11990 EDIT] ONI art CITY OF FORT COLLINS MODIFIC.AnONS tRFV 9!991 SECTION 00020 INVITATION TO BID • Unit Price Work 11.9 CONI'RACTOR's Fee.. 11.6 Article or Paragraph Num bar Value of Work ................................................... 11.3 Chance in Contract Times -- Claim for times adjustment ,,,,,,..4.1, 42.6, 4.5, 5.15, 6.8.2, 9.4. 9.5. 9.11. 10.1 10.5, 12.1. .,,.__,..13.9, 13.13, 13.14, 14.7, 15.1, 15.5. Contractual time limits 12.2 Delays beyond CONTR\CTOR's control...................................... ........ _........12.3 Delays beyond OWNt ER's and CONTRACTOR's control .............................. 12.4 Notification of surety.........................................10.5 Scope of chance ..... ........ ...........................10.3-10.4 Change Orders— Acceptance ot'Dejrcrlve Work ..........................13.13 Amending Contract Document% ........................ ).5 Cash Allowances .............................................. 11.8 Change of Contract Price,,,,,,,,,,,,,,,,,,,,, I I Change of Contract Timea...................................1, Chan -es in the Work..........................................10 CONfRACTOR's fee........................................11.6 Cost of the Work.......................................11.4-11.7 Cost Records....................................................11.7 definition of.......................................................1.9 em ergen ties.....................................................0.23 ENGNEER's responsibility ........ 9.8, 10.4, 112, 12.1 execution of .................... ............................. .... JO4 IndemniGction ................ I........ 6.12.6.16, 6.31.6.33 Insurance, Bonds and ....................... =.10, 5.13, 10.5 OWNER may terminate..............................15.2-15.4 OWNER's Responsibility.............................$.6, 10.4 Physical Conditions- Subsurrace and..............................................42 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...................................._...........1Q Notification of surety 10.5 OWNER'S and CONCRACTOR's responsibilities ............ . ... ..... ...............:....... 10.4 Right to an adjustment.....................................10.2 Scope of change........................................10.3-10.4 Claims -- against CONTRACTOR ... ..... ..... ..................._..6.16 against ENGINEER.........................................6.32 .. against OWNER.............................................0.32 Change of Contract Price ...........................9.4, 11.2 Change of Contract Times ..........................9.4, 12.1 CONTR\CTOR's............ .4. 7.1. R 4. 9.5. 9.11, 10.2. ...........................112, 11.9, 12.1. 13.9, 14.8, vi 15.1. 15.5. 17.3 Article or Paragraph Number CONTR\CTOR's liability ........... 5.4, 6.12 6.16, 631 Cost of the Work 11 4, 11.5 Decisions on Disputes...............................9.1 I, 9.12 Dispute Resolution ......... ............... ...... .............. 16.1 Dispute Resolution Agreement ....................16.1-16.6 ENGINEER as initial interpretor .................... -,9.11 Lump Sum Pricing .................. _.._..._............11.3.2. Notice of O\VNER's................... 9,4. 9.5. 9.11, 10.2, 11.2. 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.....................................................17.5 request for formal decision on ................ ........... Q.l I Substitute Items.....................__,.,,,,.,..-_..._,,,.-6.7.1.1 Time Extension.................................................12.1 Time requirements....................................9.11, 12.1 Unit Price Work ............. ................................11.93 Valueof...........................................................1,1.3 Waiver of --on Final Payrnent.................14.14, 14.15 Work Change Directive ................. .................... 10 2 written notice required,,,,,,,,,,,,,,,,,,,,, 9.11, 11.2. 12.1 Clarifications and Interpretation* ............ 3.6.1 9.4. 9.11, CleanSite...............,.............,...........................,..0.17 Codes of Technical Society, Organization or Association..................................................3.3.3 Commencement of Contract Times ............._.-.__.,_.__3 Communications— general ..............................................0.2, 6.9.2. 8.1 Hazard Communication Programs ...................... 0.22 Completion - Final Application for Payment ..........................14.12 Final Inspection ......................................... _...14.11 Final Payment and Acceptance ............ ...14.13-14.14 Partial Utilization..„......................................1410 _ Substantial Completion ...................1.38, 14.5-14.9 Waiver of Claims ............................................. 1415 . 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 ruct ion .............................:.................... 2.8 Conflict, Error, Ambiguity, Discrepancy - CONfRAC I'OR to Report. . ..................... 15, 3.3.2 Construction. before starting by CON'1'R.4CTOR........................................... 2.5-2.7 Construction Machinery, Equipment, etc,,,,,,,,,,,,,,,,,, 6.4 Continuing the Work.....................................6.29, 10.4 Contract Documents -- Amending..........................................................3.5 Bonds............................................................ 5.1 EJCDC. (JEN'fR.4t. CONDTRONS 1910-8 41990 EDITION) wd CITY OF FORT COI- ANS MODIFICATI ONS (REV 9199) • E • 0 Cash Allowances......._..................._.-........._._31.8 Article or Pdragruph Number Change of Contract Price Change of Contract Times ....................... ..... ..... . 12 Changes in the Wore................................10.4-10,5 check and verify.............................................._.2.5 Clarifications and Interpretations .........................1.2, 3.6, 9.4, 9.11 definition ot................................................_ -i'to ENGINEER as initial interpreter of,,,,,,,,,,,9.11 ENGINEER as OWNER'S representative..............9.1 generaD Insurance . ............................................ _............5.3 Intent........................................................3.1-3.4 minor variations in the Work, ............... _.... _..... 3.6 OWNER'S responsibility to furnish data ,,,,,,,,,„..„8.3 OWNER'S responsibility to make prompt payment ..... I ..... ... -...... 2 .3, 14A, 14.1.3 precedent:e............................................... .`3.1, 3.3.3 Record Documents ..........................:................ 6.19 Reference to Standards and Specifications of Technical Societies 3.3 Related Work ...................................................... 72 Reporting and Resolving Discrepancies, ........ 2.5, 3.3 Reuseof ............................................................ 3.7 Supplementing.................................................. 3.6 Termination of ENGIN-EER's Employment ,--_----.8.2 Unit Price Work 11.9 variations .......................................... 3.6, 6.23, 6.27 Visits to Site, F.NGI NEE R's......... ..... ................. 9.2 Contract Price - adjustment of,,,,,,,,,,,,,,,, 3.5. 4.1, 9.4, 10.3, 11.2-11.3 Changeof .......................................... -- ........ ..... I I Decision on Disputes .......................... ............. 9,11 definition of...........................................:.....:...1.11 Contract Times -- adjustment of ...........................3.5. 4. t. 9.4. 10.3, 12 Change of ... ..... .... ....... ............ ......... .........12.1-1 .4 -Commencxment of 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.........._........_ ...................92.2 May Stop Work or Terminate ...........................15.5 provide site access to others -2, 13-2 Safety and Protection ..... - ........ _... 43.1.2, 6.16, 6.18, ................. ..................... 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal6.25 Stop Work requirements ------- .......................... 4.5.2 COMI'RACTOR's- Article or Paragraph Number Compensation -- . _...... _.................... _., 11.1.1 12 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...... .. ........ ..........._---...4.2.3 Discrepancy in Documents._,,,., 2.5, 3.3.2, 6.142 Underground Facilities not indicated ,,......... 4.3.2 Emergencies .. _.......... .................. I ............. _....6.23 Equipment and,Ylachincry Rental, Cost or the Work...........................................11.4.5.3 Fee --Cost Plus11.4.5.6, 11.5.1, 11.6 General Warranty and Guartintee 6.30 hazard Communication Programs .....................6.22 Indemnification .................... _.6.12, 6.16, 6.31-6.33 Inspection of the Work ............................... 7.3, 13.4 Labor, Materials and Equipment., .................. 6.3-6.5 Laws and Regulations, Compliance b.............. .1 a.l Liability Insurance............................................5.4 Notice of Intent to Appeal ............. :.„........ 9A0, 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 Cor 64...................... ,0.13 Progress Schedule, ... ...................... 2.6, 2.8.2.9, 6.6. ........................................6.29. 10A, 152.1 Request for formal decisionon disputes ............... 9.11 Responsibilities•- Changes.in the Work .:.................... ........ .... 10.1 Concerning Subcontractors, Suppliers and Others ............:........................ 6.8-6.11 Continuing the Work ................•,,,......6.29, 10.4 CONTRACTOR'S expense .......................... 6.7.1 CONTRACTOR's General Warranty and Guarantee...........„-_,_._...-._......._..,6.30 CONTRACTOR'S review prior to Shop Drawing or Sample submittal .................. 6.25 Coordination of Work „ 6.9.2 Emergencies ............................................... 6.23 ENGINEERS evaluation, Substitutes or "Or -Equal" Items ..... .............. ......._.6.73 For Acts and Omissions of Others.............................6.9.1-6.9:2, 9.13 for deductible amounts,insurance .... ............... 59 general ................................... .....ti, 7.2, 7.3, 8.9 Hazardous Communication Programs....._,,. 6.22 Indemnification 6.31-6.33 L'll.-UC GENDUL CO. DMONS 19io-s n 990 Em nOM w/ CITY OF FORT COLLINS MOD1FiCATiONS (REV 9/99) Labor, Materials and Equipment.,......_,,. 6.3-6.5 Laws and Regulations 6.14 Liability Insurance 5.4 Article or Paragraph Number Notice of variation from Contract Documents............................................ 6.27 Patent Gees and Royalties* ...........................6.12 Perm its ........................................................ 6.13 Progress Schedule.. _................. _.........-... _., 6.6 Record Documents ...................................... 6.19 related Work performed prior to ENGLNEER's approval of required submivals.............................................6- 25 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 .......................6.24 Shop Drawings and Samples Review by ENG NE ER ......................................6.26 Site Cleanliness................_._,_,.,.-_,._„---,-6.17 Submittal Procedures...................................6.25 Substitute Construction Methods and Procedures Substitutes and "Or -Equal" Items................6.7.1 Superintendence ........................................... 6.2 Supervision. _......................... _......... _...... _.6.1 Survival of Obligations................................634 Taxes__ ...................................................... 15 Tests and Inspections...................................13.5 To Report ...............................: Use of Premises 6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................ 6.25 Right to adjustment for changes in the Work ..... 1n.2 right to claim _............ , 7.1, 9.4, 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 ................... 7.2. 13.2 Safety Representative ....................................... 6.21 Shop Drawings and Samples Submivals..... 6.24-6.28 Special Consultants, ....................................... 11.4.4 Substitute Construction Methods and Procedures 6.7 Substitutes and "Or -Equal" Items. Expense..................................:.......6.7.1, 6.7.2 Subcontractors, Suppliers and Others,,,,.,,,,, 6.8-6.11 Supervision and Superintendence ......... 6.1, 6.2, 6.21 Taxes. Payment by ................................. .......... 6.15 Use of Premises ......................................... 6,16-6.18 Warranties andguarantees ........................4.5, 6.30 Warranty of Title 14.3 Written Notice Required -- CONTRACTOR stop Work or term inato ....... 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-- CONTRACTOR's responsibility .......................6.9 2 Copies of Documents ..................... ........ ._. ............... ? Correction Period., ................................................ 1112 Correction, Removal or Acceptance of Def crive 1Vork-- in general ................................... W-4.1, 13.10-13.14 Acceptance of Defective Work .........................1.3.13 Correction or Removal of Defective Work.................................6.30, 13.11 Correction Period......................_.._.......-........13.12 OWNER NlayCorrect Defective Work .....13.14 OWNER May Stop Work ........ ........ ................. 13.10 Cost -- of Tests and Inspections ...... ..................... .......... 13.1 Records11.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5 9 Cash Discounts..............................................11.4.2 CONCRACTOR's Fee ........................................ 11.6 Employee Expenses., ..... .......... ............ 11.4.5.1 Exclusions to.., ......................... ...... ; ................. 11.5 General1 1.4-11.5 Home office and overhead expenses ....................11.5 Losses and damages.....................................11.4.5.6 Materials and equipment.................................11A.2 Minor expenses...........................................11.4.5.8 Payroll costs on changes,,., .............. I—: ............ 11.4.1 performed by Subcontractors ...........................1 L4.3 Records I L 7 Rentals of construction equipment and machinery ............. ........ .................. 11.4.5-3 Royalty payments, permits and license fees ............................................ 11.4.5.5 Site office and temporary facilities., ............... 11.4.2 Special Consultants, CONTRACTOR's ............. 11.4.4 Supplemental ...................... --------- ...... ... ..11.4.5 Taxes related to the Work 11.4.5,4 Tests and Inspection .......................................... 13.4 Trade Discounts .............................................. Utilities, fuel and sanitaryfacilities..............11.4.5.7 Work alter regular hours., ... ......................... 1.11.4.1 Covering Work .................................. . .........13.6-13.7 Cumulative Remedies ...................................... IT4-175 Cutting, fitting and patching ............. ,....... ,.;.,,,:_...... T2 Data, to be furnished by OIWi ER,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 9.3 Day --definition of................................................17.2.2 Decisions on Disputes .................................... 9.11; 9.12 d�fective--detinition of...._........_...-.._.._._..--- ------- 1.14 defective work -- Acceptance of..., .......... I ...... I .......... .10.4.1. 13.13 EJCDC OENERAL COADfr1ONS 1910-8 (1990 EDITION) w•/ CITY OF FORT COLLINS MODIFICATIONS (RF. V 9!99) • C • I 1 U u Correction or Removal of1t1.4.1, 13.11 Correction Period 13.12 n general.........................................13. 14.7, 14. I 1 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 _, OWNER May Stop Work ...... ........................ 13.10 Prompt Notice of Defects... ................................ 131 Rejecting... ............. ....................._...................9.6 Lincovering the Work ... _... _........ ___...._.._ 13.8 Definitions ............................................................... 1 fh:Lg1 ...............4.1, 6.24, 123-12.4 Delivery of Bonds ........................................ .... ......... ? 1 Delivery of certificates of insurance. ................ _. 2.7 Determinations for Unit Prices .................................. 9.10 Differing Subsurface or Physical Conditions-- Noticeof.........................................................42.3 ENGINEER's Review 4.2.4 Possible Contract Documents Change._.,-.,,_,.,,, 4.2.5 Possible Price and Times Adjustments..............4.2.6 Discrepancies-Rcport i ng and Resolving .................. _..........-2.5; 3.3.2, 6.14.2 Dispute Resolution-- Agreement................................................16.1-16.6 Arbitration 16.1-16.5 general 16 Mediation.....,:..........::..:....:....:.........:..,:.:.....::.16.6 Dispute Resolution Algreemenf, ..........................16.1-16.6 Disputes, Decisions by ENGINEER,,,,,,,,;,,,,,,,,, 9.11-9.12 Documents -- Copiesof...........................................................2.2 Record 6.19 Reuseof.............................................................33 Drawings —definition of...........................................1.15 F,ascments............................................................. 4-1 Effective date of Agreement -- definition q(..............1.16 Emergencies.................................................... _.... 6.23 ENGINEER -- as initial interpreter on disputes,,,,,,,,,,,,,,,, ................. definition of J.17 Limitations on authority and responsibilitics...... 9.13 Replacement of, ........... ......................._............. S.2 Resident Project Representative 9.3 ENGINEER's Consultant -- definition oC 1.18 ENGAIEER's-- ❑uthority and responsibility, limitations on,, ..... ,9. 13 Authorized Variations in the Work ...........:........... 9.5 Change Orders, responsibility for __... 93, 10. 11, 12 Clarifications and Interpretations,...,.._163, 9.4 Decisions on Disputes,,,,,,,,,,,,,,,, ,, ,,,,,,,,,,, 9,11-9.12 defective Work, notice of ................................ 13-1 Evaluation of Substitute Item$_6.7.3 Liability...................................................6.32, 9.12 Notice Work is Acceptable ......... ........... _,_...14.13 Observations...........................................6.30:2, 9.2 OWNE''R's Representative .................................. _9-1 Payments to the CONE RACTOR, Responsibility for. ............... .................... 9.9. 14 Recommendation of Payment ....................14-4, 14.13 Article or Paragraph Number Responsibilities --Limitations on .......... ....... 9.11-9.13 Review of Reports on Difering Subsurface and Physical Conditions 4.2.4 Shop Drawings and Samples, review responsibility,., ..................._...................... 6.26 Status [Tiring Cmstruction-- authorized variations in the Work.................9.5 Clarifications andlnterpretations ..................9A Decisions on Disputes ........................ ................... Determinations on Unit Price......................9.10 ENGINEER as Initial Interpreter„-._.... 9.11-9.12 F.i 1GINEER's Responsibilities ......... ....... 9.1-9.12 Limitations on F-NGINEER's Authority and Responsibilities,,,,,,,,,,,;,,,,,,,,,,,,,,,,:9.13 OW2v-ER's Representative .......................... .,,9.1 Project Representative...................................9.3 Rejecting Dgf•ctive 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.........,. I .................. 7.2, 9.1 Equipment, Labor, Materials and................„.....63-6.5 Equipment rental, Cost of the Work .............__.. 11.4.5.3 Equivalent Materials and Equipment ........................6,7 error or tun issions.................................I................6.33 Evidence of Financial : rrangement-c.......................8.11 Explorations of physical conditions ....................... 4.2.1 Fee, CONTRACTOR's--Costs Plus. ........................ J 1.6 Field Order — definition of.....................................................1.19 issued by ENGINEER ................................ 3.6.1. 9.5 Final Application for Payment...............................14-12 Final Inspection ...................................................:14.11 Final Payment -- and Acceptance. ..................................... 14,13-14.14 Prior to, for cash allowances .............................. 11.8 General Provisions, ......................................... 17.3-17.4 General Requirements_ definition of.....................................................1.20 principal references to. ............. 16, 6.4, 6.0-6.7. 6.24 GivingNotice ........ .... ......................................... ...,17.1 Guarantee of Work —by CONTRACTOR ......... .6.30, 14.12 Hnzard Communication Programs.............................0.22 Hazardous Waste -- definition of.....................................................J-21 general........... :.............. ...--...................-.........4.5 OWNER's responsibility for ............................... x.IO LRMC GENF7LAL CONDMONS 1910-8 t1990 EDfnOM W10TY OF FORT COLLINS MODIFICATIONS (RF,V 9199) Indemnification 6_- I 2_ 6.16, 6.31-633 Initially Acceptable Schedules -------- ........... ......... -7.9 Inspection -- Certificates of ..............................9.13.4, 13i, 14.12 Final 14.11 Article or Paragraph Number uniber Special, required byENGl1NT-ER ....... ....... ...... 9,6 Tests and Approval ............................. 5.7, 13.3-134 Insurance - Acceptance of, by OWNER .................... ........ 5.14 Additional, required by changes in the Work 11.4.5.9 Berure starting the Work... .. .......... 2.7 Bonds- and --in general,,,,,,,,,,,,,,,,,,,, ............ ... Cancellation Provisions... ... ............ ...... .... _5.8 Certificates of .................... 2.7, 5, 5-3, 5.4-11, 5.4.13, ......... ......... $.6.5, 5.S, 5.14, 9,13.4, 14.12 completed operations ......... * ................. * **' "" 5A.13 CONTRACTOR's Liability .................................. 5.4 CONTRACTOR's objection to coverage .............5.14 Contractual Liability 5.4.10 deductible amounts. RACTOR's responsibility, ....................... .......... ... 5-9 Final Application for Pnyrnent ' ....... 14.12 Licensed Insurers 5.3 Notice requirements, material changes ...... _5.8. 10.5 Option to Replace._......._ .............._.._._.._. ' 5.14 other special insuranccg.................................. _5. 10 OWNIER as fiduciary for insuredq ............... 5.12-5-13 OWNTER's Liability ...................... .............. ------ 5,5 OWNERs Responsibility ........................... Partial Utilization. Property Insurance, .............. 15. 15 Property.................................................... 10 Receipt and Application of Insurance Proceeds 5.1-1-5.13 Special Insurance... .......................................... 5.10 Waiver of RiLlits 5.11 Lntcnt of Contract EoLuments 3.1-3.4 Interpretations and Clarifications., ........ .......... 3.6.3,9.4 Investigations of physical conditions, ....... ....... ... ... _A.2 Labor, Materials and Equipment ..................... ..... �_3-&5 Lands— and Easements ..................... .................. ........ -8.4 Availability of ............................. _ ............... 4.1,8.4 Reports and Tests ...............................................8.4 Laws and Regulations --Laws or Regulations -- Bonds 5A-5.2 Changes in the Work 10A Contract Cwxunncnts 3.1 CONTPACTOR's Responsibilities ....... ....... 14 Correction Period. defective Work ..................... 13,12 Cost of the Work, taxes ......... ............. ........ 11,4.5.4 definition of.........._ ......... ................ ... 1.22 gencraI6.14 Indemnification ........ ............ ­......­ ...... _631-6.33 Insurance 5.3 Precedence.-..........................._................ 3.1,3.3-3 Reference Lck _3.3.1 Safety anti Protection ... ............................ 6.20, 13.2 Subcontractors, Suppliers and Others ...... ..... 6.8-6.11 Article or I'aragraph Number Tests and Inspections . ..... ........ I., ...... I .......... 13.5 Use of Premises ............................................... JA6 Visits to Site Liability Insurance-- CONFI-PACIT)R's SA OWNE Rs 5.5 Licensed Sureties anti Insurers„ ............................... 5.3 Liens -- Application for Progress Payment ......................14.2 CONTRACI'OR's Warranty of Title ................. _14.3 Final Application for Payment ........................ 1.4.12 definition of .......... ....... .................... ........ 1.23 Waiver of Claims 14.15 Limitations on ENGINEER's authority and responsibilities .................................................. 9.13 Limited Reliance by CONTRACTOR Authorized.. ............. ........................ .............. +2.2 Niiinteriance and Operating Manuals -- Final Application for Payment .........................14.12 Manuals (of others) -- Precedence ........ .......... _ ...... Reference to in Contract Document;...................3.3.1 Nfaterials and equipment -- furnished by CONTRACTOR..............................6.3 not incorporated in Work,,,,,,,,,,,,,,,,,,, ................ 14.2 X,fatcrials or equipment --equivalent ...........................6.7 Mediation (Optional) ..............................................16.7 Milestones --definition of ..... I ........ I ...... ­ .................. 1.24 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 ..........................I...................... 7 Not Shown or Indicated 4.3.2 Notice of -- Acceptability of Project,,,,,,,,,,, _ 14.13 A%vard, definition of .......................................... 1.25 Claim.... ....................................................... J.7.3 Defects.13.1 Differing Subsurface or Physical Conditions... .... 4.2.3 Giving_ ......................... ............... .... ...... I ... ...1.7.1 Tests and Inspections..- I ....... ......... I ............ 13.3 Variation, Shop Drawing and Sampl@.................6.27 Notice to Proceed - definition of ......................................................1.26 givingof ... ......... I ............ I ........ ... I ................. __2.3 EJCDC: GENERAL CONDITIONS 1910-8 (1990 EDI 1101,I) WICITY OF FORT COLUNSMODIFICATTONS, (RFV)!99) 0 0 9 Notification to Surety.._.._,___. ............................... . 10.5 Observations, by FNGINI,.F.R .............. ......... 630, U Occupancy of the Work ................... ...... ............ 5.15. 6.30.2.4. 14.10 Omissions or acts; by CONTRACTOR &9, 9.13 Open Peril policy form, Insurance ..........................5.6.2 Option to Replace ....................................................5.14 Article or Paragraph Number "Or Equal" Items ........................................ ............ fi.7 Other work 7 Overtime Work --prohibition of.-- ..... ­­__ ........... _ 6.3 OWNER -- Acceptance of &,fective Work ...........................13.13 appoint an ENGINEER ............... ........... .......... 8.2 as fiduciary... ....... .................................... 5-12-5.13 Availability of Lands, responsibility .................... 4.1 definition of .................. ..... 1.27 data, furnish......................................................8.3 May Correct Defective Work ........................... A3.14 May refuse to make payment_._ I ..... 1.4.7 May Stop the Work .....................;_.,....__.......13.10 May Suspend Work, Terminate .................. ........ $.8, 13.10. 15.1-15.4 Payment, make prompt ..................... 8.3, 14-4, 14.13 per formince of other work .................................. 7.1 i . permits and licenses, requrements ..' .................... 6.13 purchased insurance requirements ............... 5.6-5.10 0WNER!s-- Acceptance of the Work, ............................. G30.2.5 Change Orders, obligation to execute ........... 1.6, 10.4 Communications ................ . ..... ....... ............... 8.1 Coordination of the Work 7.4 Disputes, request for decision ....... ........... _9.. I I Inspections, tests and approvals ..................8.7, 13.4 Liability insurance . ...... 5.5 Notice of Defects ... .................... * ...... * ....... 13.1 Representative. -During Construction, ENGINEER's Status 9.1 Responsibilities -- Asbestos, PCB*, Petroleum, Hazardous Waste or Radioactive Material 8.10 Change Orders .............................................. 8.6 Changes in the Work ... .......... ....... ...... 10.1 communications 8.1 CONTRACTOR;s r*csp'casibilities,,'._* 8.9 evidence of financial arrangements 8.11 inspections, tests and approvals,,,,,,,,,,,,,,,,,,,,, 8.7 insurance lands and easements....,,....-_-- ........ I .........8.4 prompt payment by ......... ............ ...... _ ... **' 8.3 replacement of ENGINEER --- ........................ 8.2 reports and tests ............................................8.4 stop or suspend Work ................. 8_S. 13.10, 15.1 terminate CONTRACTOR!s services., ........... ....... _8.8, 15.2 separate representative at site ....... __ ........ ?.3 0 testing, independent......_._ .... ........... .............13.4 use or occupancy of the Woik......................... t.15, 6.30, 2. 4, 14.10 written consent or approval required ........................................ :9.1, 6.3, 11.4 EXUC GENEF-AL CONDITIONS 1910-3 (1990 EDMOM w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number written notice required ....... ............ ,,,_T 1, 9.4, 9.11, 112, 11-9, 14-7, 15,4 PCBs -- definition of 1-29 - OWNER's responsibility for...............................8.10 Partial Utilization— definition of.................................................I....1.28 eenera16.30.2.4, 14.10 Property Insurance ............................................ 5.15 Patent Fees and Royalties.......................................6.12 Payment Bonds', ..........................I...............4......?.1-5.2 Payments, Recommendation of..............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressP yments................ .. CONTRACTOR's Warranty of Title...................14.3 Final Application for Payment ........................_14.12 Fina I Inspection ...... ............. .......... I— .... I .... ..... 14.11 Final Pavment and Acceptance,,,,,,,,,,,,,,, 14.13-14.14 general........................................................ 8.3. 14 Partial Utilization............................................14.10 Retainage..................................................... I....14.2 Review of applications for Progress Payments ............................... 14.4-14.7 prompt payment .................................................. $ 3 Schedule of Values 14.1 .Substantial Completion,,,,,,,.,_ . ... .........._.14.8-14.9 Waiver of Claims .....................:.:..................... 14.15 when payments due. ................................ 14A, 14.13 withholding payment ..... ......................--......-._.14.7 Performance Bonds ............................:,,,.,,.,..,.,..5.1-5.2 Permits .............................................................. 6.13 Petroleum -- definition of ....................................................... 1.30 general...............................................................4.5 OWNER's responsibility for...............................8.10 Physical Conditions -- Drawings oL in or relating tq........................ 4.^_. L2 ENGTN-EER's review........................................4.2.4 c.Nisting structures ...................................... ...... 4 2.2 general 4.2.1.2 Notice of Differing Subsurface or ................. ..... Possible Contract Ducumcnts Changq..............4 2.5 Possible Price and Times Adjustments .............. A-2-6 Reports and Drawings......................................4.2.1 Subsurface and, ............._....................... .......... ..4.2 Subsurface Conditions Technical Data. Limited Reliance by CONTRACTOR Authorized .......................4.2.2 Underground Facilities -- generaI ..... .......................... I ......................... .3 Not Shown orIndicated........................ ..... 4.3.2 Protection of, ......................... .......... ... 4.3.620 Article or Paragraph Num her Shown or Indicated................................................4.3.1 Technical Data............._..................-.............4.22 Conference Preconstruction ..... ................................... 2.8 Preliminary Matters ----- ---- _.........................................12 Preliminary Schedules...............................................2.6 Premises. Use of.............................................6.16-6.IS Price, Change of Contract.,.,,_. ...... ,.__,,,,,,,,,,,,,,,,,,,,,,,,I l Price, Contract --definition of ....... .. ... ............ * ,,......1.11 Progress Payment, Applications for. .......................14.2 Progress Payment--retainage,................. ................. 14.2 Progress schedule, CONTR.ACTOR's..... ....... 7.6, ? 8, 2.9, ................................. 6.6, 6.29. 10.4. 15.2.1 Project --definition of ............. ..................................1.31 Project Representative-- ENGIINMER's Status During Construction...........9.3 project Representative, Resident --definition of ......... 1.33 prompt payment by OWNER ......................................8.3 Property Insurance_ Additional.................. .....:.............................. ...9.7 general5.6-5.10 Partial Utilization........................_......5.15, 14-10.2 receipt and application of proceeds ............. 5.12-5.13 Protection, Safety and ... ........ .................... 120-6.21, 13.2 Punch list 14.11 Radioactive Material— defintion of ....... .....:................ .....:.................. 1.32 gencra14.5 OWNER's responsibility for .............................. 5.10 Recommendation of Payment .................14.4, 145, 14.13 Record Documents...__.................................6.19, 14.12 Records, Procedures for maintwining ..........................2.8 Reference Points.......................................................4.4 Reference to Standards and Specifications of Technical Societies ......................................... 3.3 Regulations, Laws and(or)......................................6.14 Rejecting Defective Work_._...-_...............................9.6 Related Work -- atSite........................................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,,,,,,,,,, 6.28 Remedies. cumulative...._ ................................ 17.4, 17.5 Removal or Correction ofDefecfive Work ................ 13.11 rental agreements. OWNER. approval required .... 11.4.5.3 replacement of ENGINEER. by OWNER .................... 8.2 Reporting and Resolving Discrepancies ......... ........................ 2.5, 3.3.2, 6.14.2 Reports -- and Drawings --- ___ ----------- ............................4.2.1 and Tests. OWNM's responsibility .....................8.4 Resident and Project Representative -- definition of .................................................... 1.33 provision for............................................................ 9.3 xii EJC C.. GGNF1tAL CONDI,riotis I910-a o990 EDnioiri w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) • 0 • Article or Paragraph Number Resident Superintendent, CONTRACTOR's,1,,,,,,,,,,,,;,6, Responsibilities— CONTRACTOR's-in general .................................. 6 ENGLNEER's-in general........................................9 Limitations on 9.13 OWNS-R's-in general ............................................ S Retainage ....... .---------- . ..14.2 R6usc of Documents ................................ .................. 3.7 Review by CON•RACTOR: Shop Drawings and Samples Prior to Submittal .............. ............ 6.25 Review of Applications for Progress Payments.....................................t4.4-14.7 Right to an adjustment............................................10.2 Rightsof Way ....................................... ...................4.1 Royalties, Patent Fees and ,,,,,,,,,,,,,,,,,,,,,,•,,,,,,,,,,,,,,;6.12 Safe Structural Loading..........................................6.18 Safety -- and Protection................................4.3.2, 6.16, 6.IS. _................................6 20-6 21, 7.2. 13.2 general ........ ................. .................... ....... 6.20-6.23 Representative, CONTRACTOR's......................6.21 Samples -- definition of.....................................................1.34 general .... ......................................... ........ 6.24-6.28 Review by CONTRACTOR,,....._ ...................... 6.25 Review by ENGINEER..............................6.26, 6.27 related Work.....................................................G.28 submittal of...................................................6,24.2 submittal procedures,,,,;,,,,,,,,,,,,,,,„ .......... 0.25 Schedule of progress_,...,•......................?.ti, 2.8--2.9, 6.6. .................................... :... .6.29, 104, 15.2.1 Schedule of -Shop Drawing and Sample Submittals ............... I...........,,1.6, 2.8-2.9, 6.24-6.28 Schedule of Values...............................2.6, 2.8-2.9, 14.1 Schedules -- :Adherence tu........................................:.........15.2. t Adjusting.......................................................... 6.6 Change of Contract TimeS................................_IQ4 Initially Acceptable,,,,,,,,,,,,,,,,,,,,,,,_,......._. 2.5, 2.9 Preliminary...................._............................... _.2.6 Scope of Changes . .................................. .... 10.3-10.4 Subsurface Conditions........................................4.2.1.1 Shop Drawings -- and Samples, general ............................... 6.24-6 2S Change Orders & Applications for Paymlent&, and ............................... _..._... 9.7-9.9 definition of.................................................._,,1.35 ENGINEF.R's approval of..................................3.6.2 ENGINEER s responsibility for review ..................................... 9.7, 6.24.6.28 related Work................................................_,62S review procedures .............................. 18, 6.24-6.23 Article or Paragraph Number submittal required...............................................6.24.1 Submittal Procedures ......................................... 6.25 use to approve substitutions_.................__,_.,..6.7.3 Shown or Indicated ................................................ Site Access......................................................7.2, 13.2 Site Cleanliness......................................................0.17 Site, Visits to -- by ENGINEER .................. ___ ................... 9.2. 13.2 byothers.......................................................13.2 'special causes of loss' policy form, insurance 5.6.2 definition oC.........................._........................,1.36 Specifications— d6 ination o(..._..................._.........................,1.36 of Technical Societies, reference to ...... *3.3.1 precedence .......... :.:.......... .................. .............}. 3.3 Standards and Specifications of Technical Socicde$; 3.3 Starting Construction, Befor........ ....:.., ............ ,.2.5-2.5 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 .......................1. 7.2 Structural Loading. Safety,,;,,;,,,,,;,, .................. ..:.....6.18 Subcontractor-- Concerning ..............:...........................:6.8-6.11 definition of.....................................................1.37 delays... ......... ........................ ........... ............. 12.3 waiver of rights................................................6.11 Subcontractors --in general ....... .......................... 6.8-6,11 Subcontracts --required provisions ,,,..... JAI, 6.11, 1-1.4.3 Submittals-- Applications for Payment ..................................14.2 Maintenance and Operation Manuals..............14.12 Procedures.......................................................0.25 Progress Schedules., , .... I ... 11 ...... I., .... I— ......... 2.6.2.9 Samples ................................................... 6.24-6.28 Schedule of Values ........................ *.....,....2.6, 14.1 Schedule of Shop Drawings and Samples Submissions ................. _.... _:............ 2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion— certification of,,.,.,,.._,,,,,,,,,,,,,,,, 630.2.3, 14.9-14.9 definition of ................................. ...:.......... ......1.3S Substitute Construction Methods or Procedures.,..._.6.7.2 Substitutes and "Or Equal" Items ................. .............. 6.7 CONTRACTOR's Expense............................0.7.13 ENGINEER's Evaluation...,, .... ....................... 6.7.3 "Oh-Equal"..:..............._......,....-...,...::.....,....6.7. L1 Substitute Construction Methods EY-W GENERAL CO,NI)ITIONS 1910-3 (1990 EDInON) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or pmauraph Number or Procedures .............................................6.7.2 Substitute Items 6-7- 1 2 Subsurface and Physical Conditions -- Drawings of, in or relatfig to,,,,,,,,,,,,,,,,,,,,,,,, 4.2.1.2 EIKGrNEER's Review, ........... 11 ............. 42.4 general 4.2 Limited Reliance by CONTRACTOR Authorized 4, 2. 2 Notice of Differing Suhsurfice or Physical Conditions ......................................... 4.2.3 Physical Conditions ........... .......... ............. 42.1.2 Possible Contract Documents Change ...... ..... _ 4.2, S Possible Price andTimes Adjustments„ ............. 4.2.6 Reports and Drawings ............................. ..... 4,2_1 Subsurface and .............................................. 2 Subsurface Conditions at the Site Technical Data . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2.2 Supervision— CONTRACTORs responsibility . ................ .......... 6.1 OWNER shall not supervise� ................................8.9 FNIGINIFFER shall not supervi ................... 9.1 ' 9.133 . . Superintendence.....................................................42 Superintendent, CONITRACTOR's resident ................ 6.') Supplemental costs ........................................... .... 11.4.5 Supplementary Conditions -- definition of ......................................................1.39 principal references to ................. J.10, 1.18, 2.2, 2.7, . _­ ................ +2, 43, 5.11 5.3, 5.4, 5.6-5-9, ................. 5.11, 6.8, 6. 117.4. S. I I , 9.3, 9. 10 Supplementing Contract Documents,,,,,,,,,,,,,,,,,,,,,,,,, 3.6 Supplier - definition or .......................... ......... ... 1.40 principal references to ........... �3, 6.5, 68-6,11, 6.20, .. ... .. .... 6.24. 9.13. 14.12 Waiver ts 6.11 Surety -- consent to final payment ........................14.12, 1414 ENGTI,TFER has no duty to ......................... * ....... 9.13 Notification of ..................................10.1, 10,5, 15.2 qualification of --- ......................................... 5.1-5.3 Survival of Obligations, .......................................... j6.34 Suspend Work, OWNER May . ................... 13.10, 15.1 Suspension of Work and Termination-....................... 15 CONTRACTOR May Stop Work or Term inate ................... 15.5 OWNER Nlay Suspend Work ..............................15.1 OWNER May Terminate ............................. 15.2-15.4 Taxes --Payment by CONTRACTOR ............... ... 615 Technical Data -- Limited Reliance by CONTRACTOR ................ 4.2.2 Possible Price and Times Adjustment.$ ........... A. 2.6 Reports of Differing Subsurface and Physical Conditions ....................................4.2.3 xiv Temporary constructiori facilities --------- 41 Article or paragraph Number Termination -- by CONTRAM'OR ......... ..... ...... ------ ­­ ............ 15.5 by OWNF R ........................................3.S, 15-1-15.4 of ENGINHERs employment .............................. Suspension of Work-in general„_._...................... 15 Terms and Adjectives .................. I .......... ................. 3.4 Tests and Inspections— Access to the Work, by others---- ­ ------ ...... .... 13.1 CONTRAcrOR's res;ponsibilides ....................... 13J cost of 13.4 covering Work prior to ......... ................. 13.6-13. 1 Laws and Regulations(or) .......... 13.5 Notice of Defects., ............ .............. . ............... 13.1 OWNER NIny Stop Work............_._.............13.1( OVY'N'ER's independent testing ............ ............. 13.4 special, required by ENGINEER 9.c timely notice required ......................... ............. 13.4 Uncovering the Work, at ENGINEERs request ................ ............... .......... 13.8-13.5 Times— Adjusting...................................................... 1.6 Change of Contract " _­ ... . .............. * ..... ............12 Computation of ................................................17.2 Contract Times --definition of ........... ............ _ 1. 12 day ' * .......... ...... ----------- ------------ - - 17 _2 _21 7 IMIlesaones ..........................................................12 Requirements -- appeals.............. ............. ........... ......... 9-10,16 clarifications, claims and disputes ....... 9. 11. 11.1 12 Corn mencement of Contract Times,,,,,,,,,,,,,,_ .. 13 [)reconstruction Conference ......................... ­ 18 schedules .........................................16, 2.9, 6.6 Starting the Work...,......._-._.._.. ... _14 Title. Warranty of, .......... ..................... .................. 14.3 Uncovering Work : .................. ............. Underground Facilities, Physical Conditions -- definition of I .... 1.41 Not Shown or Indicated...._ ....... ....... ------------- 4.3.2 protection of ..... ....................... ............ 4.3,6-1-0 Shown or Indicated, .........................................4.3.1 Unit Price Work -- claims 11.9.3 definition of ............................ _ ....... .............. L42 general 11.9. 14.1, 14.5 Unit I)riccs-- general 1 L1 1 Determination for.............................................9.10 Use of Premises_........._ ............. 6.16, 6,18. 6.30.2.4 Utility owners .............................6.13, 6. 2-0 , 7,1-7.3, 13.2 Utilization. Partial ................... 1.28. 5.15, 6.30.2-4, 14.10 Value of the Work 11.3 Values, Schedule of ...............................2.6, 18-19, 14.1 EJCDC GENERAL CONDI r1O\*S 1910-8 (1990 LIATION) w/C,1TY OF FORT COMINSMODIFICAMbINS (REV 9!991 • 0 • E Variations in Work --Minor Authorized ................................. --- _.6.25, 6.1-7, 9.5 Article or Pu"igaph Number Visits to Site --by ENGINEER._................._............9,2 Waiver of Claims --on Final Nym ent, ......................14.15 Waiver of Rights by insured parties ..................s.11, 6 11 Warranty and Guarantee, General --by CONTRACTOR . . .............................................. 030 Warranty of Title, CONTRACTOR's .................. __14.3 Work -- Accessto ........................................................... 1.3,2 byothers ............................................................... 7 Changes in the........_.......................................... �10 Continuing the... ............................................... 6.29 CONTRACTOR May Stop Work or Terminate ................................................ 15.5 Coordination of 7.4 Cost of the ............ ....... ...................... )1,4-11-5 definition of1.43 neglected by CON TRACTOR............................13.14 other Work OWNER May Stop Work_ . ........ ................ 13,10 OWNER May Suspend Work ...................13.10, 15.1 Related, Work at Site,,,,,,,,,,,,,,*......**..,......... Starting the_., . . ...... .­ ..... I .................... ......... Stopping by CONTRACTOR .................. .......... 15. 5 Stepping by OWNTER ............................ "... 15.1-15.4 Variation and deviation • authorized, minor ....... 3'-6 Work Change birective— claims pursuant to ............................................. J0.2 definition of 1.44 principal references to ......................3.5.3, 10.1-10.2 Written Amendment -- definition of " '" ­ ­ .......... 1-45 principal references to ............... 1.10, 3.5, ........................ fi.6.2, 6.8.2. 6.19, 10.1, 10.4. Jl.2, 12.1, 13.12.2, 14,72 Written Clarifications and Interpretations ................................... 3.6.3, 9.4, 9.11 Written Notice Required— byCONTRACTOR ............................7.1, 9.10-9.11, 10.4, 11.2. 12A by OWNER ...... .............. 9. 10-9.11, 1 0A, 11.2, 13,14 W 0 EK.W OT-NERAL CONDITIONS 1910-8 (1990 EDITIOM w1(TrY Or FORT COLHNS1NfOD1F1CA'nON.S kRFV T99) u SECTION 00020 INVITATION TO BID Date: July 2, 2012 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on July 24, 2012, for the Elks Lodge Deconstruction; BID NO. 7404. If delivered, they are to be delivered to 215 North Mason Street, 2nd 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 construction of Bid 7404 Elks Lodge Deconstruction. The Work consists of deconstruction and dismantling of the Downtown Development Authority's Elks Lodge building located at 140 E. Oak Street, Fort Collins, CO. Salvage recycle or reuse of building materials from jobsite to achieve minimum 70% landfill diversion rate. Work also includes strip and separation of individually listed materials, jobsite safety and adjacent property protection. 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 MANDATORY prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 AM, on July 10, 2012, at the site 140 E. Oak Street. 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://www.fcgov.com/eprocurement 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. 0 C\i ('this page left blank intentionally) • EJCUC UGNERAL CONDITIONS 1910.8 41990 GDI17O?0 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) • • • 0 GENERAL CONDITIONS ARTICLE I—DEFLN'ITIONS 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. Ll. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. I?. 4givenient- I'he written contract between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agrcement and made a part thereof as provided therein. 1.3. Application for Patment—The form accepted by RNGNEER which is to he used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1 A. Asbestos --Arty material that comains 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 fortis the prices for the Work to be performed. 1.6. Bidding Doa:aments—The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Dwiments (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. I.3. Bonds -Performance and Payment bonds and other instruments of security. 1.9. Change Onier-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 At, reement. 1.10. Coniract Donmtenus—The Agreement, Addenda (which pertain to the Contract Documents), CONI'RACITOR's Bid (including documentation accompanying the Bit! .and any post Sid documentation submitted prior to the Notice of. Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EXI)C CENEIUL CONINTIONS 191 M (1990 Et6timi WI CITY OF FORT COLLINS MODIFICATIONS (RLV •i ^coo) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives. Field Orders and ENGl1\EER's written interpretations and clarifications issued pursuant to paragraphs3.5. 3.6.1 and 3.6.3 on or after the Effective Mite of the Agreement Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.=7 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 1.1 9.1 in the case of Unit Price Work), 1.12. Cuntract T'inres—The numLtrs of dams or the dates stated in the Agreement (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final Payment as evidenced by ENGINEER's written recommendation oC final payment in accordance with paragraph 14.13. 1.13. CON-IRAG'.'l'OR-:fhe person, firm or corporation with whom OWNER has entered into the Agreement 1.14. d fecth,e—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 14.3 or 14.10). 1.15. Davhvings—The drawings which shmv the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGLVEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of Liu, Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two panics to sign and deliver. 1.17. ENGL\'EER-Tk: person, firm or corporation named as such in the Agreement. 1.13. ENGINEER's Canvltant--A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or conmultain with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order -A written order issued by ENGNEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 120. General Requirements —Sections of Division I of the Specifications. 1.21. Haranlous Taste —The term Hazardous Waste shrill have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Seection 69(13) as amended from time to time. 1.)I.a. Laws and Regulutions; Lars or Ragtdanons--Any and all applicable laws, rules. regulations, ordinances, codes and orders of any and all governmental bodies, ageneics, authorities and courts having juris icuon 1 _2.b. Lezal llolidays--shall be those holidays observed by the Cin• of Fort Collins. 1.23. Lienss--Liem charges, security utterests or cncumhrances upon real property or persomil property. 124. hdilesione--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work, 1?.5. Notice of.4aan1--A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Nonce to Proceed —A written notice given by OWNER to CONTRACTOR (with a cop), to ENGINFF.R) fixing the date on which the Contract Times will commence to run and on which CO, .rF RACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. 011 VER—The public body or authority, corporation, association, firm or perm with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28. Partial Utilisation —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. PetivIcimt--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oih oil sludge, oil refuse, gasoline, kerosene and oil mix..el with other noel-Ilarardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 132.9. Radioactive :tlaterial—Source. special nuclear, or byproduct material as defined Iry the Atomic Energy Act of F.JCDC OENELALL CONUITIONS 1910-8 (19901;dGliao) WI CITY OF FORT COLLINSMODIFICATIONS (RLV d2000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 131b. Regular Working Hours --Regular working hours are defined as 7:00am to 6 00pm 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. Sumples—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 1.33. Shop Draaing.s--AII drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems standards and workmanship as applied to the Work and certain administrative dktails applicable thereto. 1.37. Subconnnctor---An individual, tint or corporation having a direct contract with CONrl'RACTOR or with any other Subcontractor for the performanec of a part of the Work at the site. 1.3& Substantial Cumpletion—The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGEVEER's definitive certificate of Substantial Completion, it is sufficiently complete, in acco cki :e with die Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by FNGTNE.E.R's written recommendation of final payment in accordance with paragraph 14.13. The teens "suhst.mtially complete' and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or arty Subcontractor. 1.41. Undergrotmd racilities—All pipelines, conduits, ducts, cables. wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or • • 0 • materials: electricity, gases, steam, liquid petroleum if a Notice to Proceed is given, on the day indicated in the products, telephone or other communications, cable Notice to Proceed. A Notice to Proceed may be given at television- sewage and drainage removal, tragic or other any time within thirty days after the EfTective Date of the control systems or water.regiment.—_;,-..- evcmF-will-t#ro-Torun cif mes ' tkyniltenfs'-tfT-iliit-19FaFiltan-Fitt-StKtielliflftFafF2r-Fite-(itrF 1.42. Unil Price IFor'k-kVork to he Paid for on the hasis of-Hid-opening-orrhe thirtieth day-after-the-Rffeefiveal:Aate Of unit prices. of the _-lgteement, whichever date is earlier: 1.43. l3"ork--Thc entire completed construction or the Starting the llrbrk: various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes 2.4. CONTRACTOR shall start to perform the Work and is the result of perforating or furnishing labor and on the date when the Contract Times commence to nut. furnishing and incorporating materials and equipment into but no Work shall he done at the site prior to the date on the construction- and performing or furnishing services and which the Contract Times commence to run furnishing documents, all as required by the Contract Documents, Before Starting Construction: 1.44, Work Change Directive -A written directive to )-S. Before undertaking each part of the Work, CONTRACTOR issued on or after the Effective Date of CONTRACTOR shall carefully study and compare the the Agreement and signed by OWNER and recommended Contract Documents and check 'and verify pertinent by ENOINEER ordering an addition deletion or revision figures shown thereon and all applicable field in the Work- or 'responding to differing or unforeseen measurements. CONTRACTOR shall promptly report in physical conditions under which the Work is to be writing to FNCr1NEER any conflict, error, ambiguity or ed performas provided in pamgmph4.2 _or 4.3 or to cii x 'pane,which CONTRACTOR. may discover and emergencies under paragraph 6.23. A Work Change shall obtain a written interpretation or clarification from Directive will not change the Contact Price or the Contract ENGINEER before proceeding with any Work atTceted 'times, but is evidence that the parties expect that the thereby; however, CONfRAC71'OR shall not be liable to change directed or documented by a Work Change OWNER or FNGNF.•,F.R. for Failure to rclxxtany conflict, Directive will be incorporated in a subsequently issued error, ambiguity or discrepancy in the Contract Change Order following negotiations by the parties as to its Documents, unless CONTRACTOR knew or reasonably effect, if any, on the Contract Price or Contract Times as should have known thereof provided in Paragraph 10.2 2_6. Within ten days after the EfTective Date of the 1.45. tYrinum Amendment -A written amendment of the Agreement (unless otherwise specified in the Gencral Contract Documents, signed by OWNER and Requirements), CONTRACTOR shall submit to CONTRACTOR on or after the Effective Date of the IRNG NEERforreview: Agreement and normally dealing with the-noncngincering or nontechnical rather than strictly construction -related 2.6.1. a preliminary progress schedule indicating .aspects of the Contract Documents, ' the times (numbers of days or canes) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Docuunenis; ARTICLE 2-PRELLNQNARYINUTTERS 2.6-1 a preliminary schedule of Shop Drawing and Sainple submittals which will list each required submittal and the times for submitting, reviewing and Delivery of Bonds: processing such submittal; 2.1. When CONTRACTOR delivers the executed ? 6.2.1. In no ease will a schedule be Agreements to OWNER, CONTRACTOR shall also acceptable which allows less than 21 calendar deliver to OWNER such Bonds as CONTRACTOR may caays for each review by Enameer. be required to furnish in accordance with paragraph 5.1, 2.6:3. A preliminary schedule of values for all of Copies of Documents- the Work which will include quantities and prices of items aggregating the Contract Price and will 2.2. OWNER shall furnish to CONTRACTOR, up to ten subdivide the Work into component parts in sufficient copies (unless otherwise specified in the Supplementary detail to serve as the basis for progress payments Conditions) of the Contract Documents as are reasonably during construction Such prices will include an necessar• for the execution of the Work. Additional copies appropriate amount of overhead and profit applicable will be furnished upon request, at the cost of reproduction. to each item of Work. Commencement of Contract Times; Nodee to Proceed- 2.7. Before any Work at thesite is started, CON f RACTOR and 0tVs'+shall each deliver to the 2.3. The Contract Times will commence to rum on the ether OWNER, with copies to thirtieth day after the Fffective Date of the Agreement, or, identified -in --the $uppftrnentet}-Gsndit ins FdQGfNF.F.R E)MC GENERA!. CONDITIONS I910S (1990 Edlim) w! CITY OF FORT COLLINS MODIFICATIONS (tE'V 4r000) 0 certificates of insurance (and other evidence of insurance hick dish, F of toe.:—e:—ri:; .,',�itiorat�ievwrcel—taav tea l'-ctuest requested by OWN'ERl which CON7rRACTOR-and-OW7.vTR-rasptrttively-are is required to purchase and maintain at accordance with parngrapis -5.4, 5:6 arxi +_'S. Preconstruetion Conference: 2.5. Within twenty days alter the Contract "rimer sta t to run but before lorry Work at the site is struted, a conference attended by CONTRACTOR, ENGENEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable .Scheduler. 2.9. Unless otherwise provided in the Contract Documents, at -east -ten days -Fxfaw-sul>rtri$ion-efthe-first Application for -Payment before any work at the site begins, a conference attended by CON'IRACfOR, ENGINEER and others as appropriate desienated by OWNER_ will be held to review for acceptability to EtNGINFER.as provided below the schedules submitted in accordance with paragraph 2.6. and Divjsiorf1 - - rql Requ emgnts. C:ONrRACTOR shall have an additional ten days to make corrections and adjustments, and to complete. and resuhmit the schedules. No progress payment shall be: made to CONTRACTOR until the schedules are submitted to and acceptable to F'NGINEER as provided below. The progress schedule will be acceptable to FNGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but suchacceptance will neither impose on INGLy"EER responsibility for the sequencing, scheduling or progress of the work nor interfere with or relieve CONTRACTOR from CONfRACTOR's full responsibility therefor. CONCRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to FA`GINF,F.R as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule or values will be acceptable to FNGL EER as to form and substan& ARTICLE3—CO.NTRaCTDOCUMENTS: hNTENT, X%IENIMING, REUSE Intent: 3.1. The Contract Documents comprise the entire aercement between OWNER and CONTRACTOR conccming the Work. The Contract Documents are complementary; what is called for by me 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 intern of the Contract Documents to EKDC OENIRAL CONDMON51910-5 0990 Edition) w,'CRY OF FOR COLLINS MODIFICATIONS (REV ,IP000) describe a functionally complete Project (or pan thereof) to be contacted 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 he 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 meartmg. Clarifications and interpretations of the Contract Documents shall be issued by RNGIN EFR as provided in paragraph 9.4. 3.3. Reference to Standards and Specifcadons of Technical Societies, Reporting anti ResoMng Dixerepancies: 3.3.h. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implGtion, 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 he, otherwise specifically stated in the Contract Documents. 33.2. If, during the perfomtance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision or 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 repot it to LNGLNEER in writing at once, and, CONTRACTOR shall not proceed with the Word: affected thereby (eicept 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 paragraph3.5 or 3.6; provided however, that CONTRACTOR shall not be liable to OkiVER or ENGINEER for failure to report ,my 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 b� C� 0 • • • 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 Reaulation). No provision of any such standard spccifimtion, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their sutxonaacairs, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGfNEFR or any of FNGfNEFR'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 die 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 gencmL the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with die design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents 35. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment 3.5.2. a Change Order (pursuant to paragraph 10,4). or EXI)CGE:NE'iL1L CONINTION3191" 090 Edtim) WICITY OP FORT COLLINS UOUIF-ICATION3 (aiV 4I:000) 3.5.3. a Work Change Directive (pursuant to parapph 10.1): 3.6. In aWition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorimd, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. EN-G[NEER'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 of Documents. 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or inducct contract with 1%NER (i) shall not Have or acquire any tide to or mvnership rights in any of the Drawings, Specificntinns or other documents (or copies of any therefr) prepared by or tx.aring the seal of ENGINEER or ENGiNF.ER's Consultant, and (ii) shall not rewse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4-AVAILABILITY OF LAMS; SUIISURF-ACE YND PHYSICAL CONDITIONS; REFERFNCF.POIYTS AvailabiliV afLandv: 4.1. OWNER shall furnish, as indicated in the Contract Documents; the lands upon which the Work is to be performed. rightsof-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR F ponrzasonablz-writtenrzquzst, F�i�r�.'�i2-5I+Eif-{tafNs�i—c�rnrrvR�rii�.�.�cvr•..•^:aei stntement-of-recurd-legal-tide-m d-legal description of -the lanais -upon -which -the Work -is -to -be -performed -arid OWi3ER's-interns-k}terein-arrtecessary-for-aivir>c-rmoticx of-ohCilii>°-s-ttlzchaniv:s-li zrt-against-such-lands-in iw6eidanee withdlatioms: OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the work. Easements .for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are utrable 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, rightsof- way or easements. CONTRACTOR may make a claim therefor as provided in Articles I I and 12. CO\TRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4. '. Subsurface and Ph}'.fient Conrhrions: 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. Plwsical Conditions: 'chose drawings of physical conditions in or relating to existing surface or subsurfiace structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. limited Reliance by CONTMCTOR Anthari;ed, •1'eclutical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Comract 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 ENGINF.ER's Consultants with respect to: 4.2? I. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, 'sequences and procedures of construction to be employed by CONTRACTOR and safely 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 4.33.3. any CONTRACTOR interpretation of or conclusion drawn from any "technicandata" or any such data. interpretations, opinions or information. 4.2.3. Arotice of Differing Subsurface or Pitecal Conditions: if CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that anv "techmad data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.33. differs materially from that shown or EJCDC (JENFRAL CONDlno\s 191"11990 Etfitiaa) w•7 CITY OF FORT COLLINSMODIFICATIONS(RL•"V.1/7000) 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, 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 Permitted by paragraph 6.231 notify OW IF;R and ENGINEER in wnung about such condition. CONFrRACfOR 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. ENGLVEER's R Meer: ENGINEER will promptly review the pertinent conditions, determine the necessity of OtVNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINE ER's findings and conclusiorn 4.2.5, Possible Contract Doctunents Change: If ENGINEER. concludes that a change in the Contract Documents is required as a result ora 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. Posrihl¢ Price and Bates .44u tnierur.• An equitable adjustment in the Contract Price or in the Contact 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 or the Work; subject, however, to the following: 416.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 42.6.2. a change, in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustmcint 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9: and 4.2.6.4. CONTRACTOR shall not be entitled to arw adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a fmal commitment to OWNER in respect of Contract Price and Contract Times by the • • 0 • • 0 submission of a bid or becoming bound under a negotiated contract-, or 42.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination investigation, exploration, test or study of the site and contiguous areas required by the Bidding, Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONI'RACI'OR tailed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are tumble to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Rice or Contract Times, a claim may be made therefor as provided in Articles I I and 12. However, OWNT.R, FNGINF.F.R and ENGINEFR's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. PhYsical Condaions�—Undergrourrd Facilities. 4.3.1. Show» orhidcare& The information and dam shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNIFR or ENGDZEER by the owners of such Undergrourtti Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1 2. The cast of all of the following will be included in the Contract Rice 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 Facilitiesas provided in paragaph6.20 and repairing any dwriage thereto resulting fiotn the Work. 4.3.2. Arot Shown or hrdicated: If anUnderground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents. CONTRACTOR shall promptly immediately after becoming aware thereof and Before further disturbing ctmditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph6.23). identify the owner of such Underground Facility and KuxuE.,,hT, V, coNL)t no\51910-S (1990 Ediliai) tv/ CITY OF FORT OOLLI VS MODIFICATIONS tREV •1/1 WO) give written notice to that owner and to OWNER and GvG[NEER MIGLxtTER will promptly review the Underground Facility and determine the extent. if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If L•NGNMER concludes that a change in the Contract Documents is require., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph620. CONTRACTOR shall may be allowed an increase in the Contract Rice or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Rice or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 1 1 and 12. Hmvever, O\VNER, ENGINF'F,R and F.NGINF.F.R'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 Pointe 4A. OWNER shall provide engineering surveys to establish reference points for construction which in LNGINEER!s judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is last .or destroyed or requires relocation because of necessary changes in gmd"m or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. .Asbestos; PCBs, Petroleum, Hazardous (haste or Radioactne Material: 4.5.1. 0W'NER 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 idcmtified 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 broug,ht to the site by CONTRACTOR, Subcomractors, Suppliers or anyone else for whom CONTRACTOR is responsible. d:+--60 GR \GTORshd14-immz idtzly-{i}stop all FNii-ifl-eE9ma4tiUFi-wits-SfkCh-!lF}fardEktStit)RkitfiElFr-Had iFrdny-dreg-tF(Teeted-th�zhy-(alsrpt-in-dn-znretgenr-y ds-rlFµtiracl-by-pdnt�dpkrlr'-J},-and-{t F}not! ky Brr. rn'-.z'�-a+�.�z:-'.,�iEER-{efid--FheFedfk'F-Ei9tF3Fnt such-rwticz-i n-writ itte).—C1W iU F'R-s1t911-prom pt Iy consult-with-ENGINEER-coneernirq;-the necessity -for OWNTER-to retain-a-qualitizd expert -to -evaluate -such InaaFFdcvis-eenditieFr-er-tekr-eexrrstire-esttrx�i�drt}� CON7FRA67'OIR shall -roe -be required to resume -Work iFrsennzctiun-with�ish-hdear<btkscenditienar-}n-any swh Am., d dr<.1 ran'' after BL4`'SR has obtained tiny-rzgttirzd-permits-related-thereto-and-del iverad-to ESc�:aR-S�.ilt@�KFitFCAir�'iA<={g3jXv'ifykfi�" that-such-condition-and-any-ai%sted nrea-is or-hasbeen Work,x {tr js€act €ying-ear-FstYc-iel-:<�4itiurts-under-which-such Wail: -are.," h' Festmzd-satr4v-lf-C-)WiNER-itnd CO. ro.�i rno coot -agree_-_ to-entitlement-to-er the - extent -of .. ,. a:ustmzm-if arty -in C-0FtkFast--RFicr-eF-CoFt1F-.,o �rresultGONTRAGTOR sash -W 0Fk-SrOppA£LOF-Sdah-spreial-sanditionsundzFw4rish a,­be-fesumed; zither-pn Ftrmn±rmnl:e-a-claim-thzrzl'nF-ns-prctvidzd-in -55-3-F€-after-rzezifrt-o€-sash-spzeia4-written-ttotiez CONTRA(TOR-dtx not -agree -to -resume -such -work based on a rzterarmblr-lxlieFit-is-ur;;afz, or� agree-to-Fzsumz-such-Work-undzF-sucFr-s�:isl conditions, then-014'fl:FiR-ntsy-erdrr etch-psriton-o€ the-Woe'.,r-�:;�,-.:onnzstisar-with-sash-hn,�trdous CtMdttiOrr-OFm-Sneh-d tfeCttd-flr2a-t0-ik:-flale[2ti-iY(kM thee-Work-if-AW�i}'�it-art.' GOON..,-e ems. RACI r,<-CITOR ^fluW-A agree us to entialement-uror-the amount -or -extent -or -an mintsenori�if-nary-it: Eevnraat-Friee-or-6o+tuscet Ttrenzs ss-a-rasu4t-oFdzkting-sas4}portion-of-Uta-Work-4lusn either-psrtrmny-make-s-glair!-thzra€c>r as-provided-in -lriic'-.�t-l-deed-f N�t�rn-y-have-steel-ekkteel portion-of-the-Work-per€ormad-by-Owe E•R's-own forces or -others in accordance-w'ith r\rticle-7: 3:>:-t- Ta-die -falleit-axtznt-pzrntitttd-4>y-L-atvs--nd Regu kt t i ons-OWtN FR- shin I I -indemnify-and -lxnld harmless—GONTR\6TOR; �ubeavtnc[ors, Es7f F_4'EFA: Ex'VGFx SEEP'-,- �' thiadHy Mlthe hlffiGaf_,-dlreslOF_,-2arplOVeeS—aQen[_—tKller consu[Innis - and -aibconiructors-of- each -and -any-of them -from -and- against -al l-clflimx vasty -losses -and ownnelgligence: 4.5.-5. Th =p or; .o H; .,..tiS,oN„T ,roc;,dam'.,-�� Patutttndzd hTAppl} ti�9%tsfe 'vPetroleum biaz rdous-Westu eFR-d sebtivt 1dteFidi uPs6ce7ed or -revealed nr-ile: EXDC GENERAL COND)ITIO\S 1910E (1990 Editiab a•/ CT'IY OF FORT COLLIhS NIODIFICA'IIONS (REV •i/? 000) ARTICLE S-BONDS A\`D L\SGRtL,NC E Performance, PairmentantiOther Bonder 5.1. CONTRACTOR shall furnish Pcrformancc and Pavment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all C0iVFP-\CI'0R's obligations under the Contract Documents. These Bands shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as arc required by the Supplementary- Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority _-Acceptable Sureties on Federal Bonds and as Acceptable Reinstuing Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operation,, U.S.Trerusury Department All Bonds siened by an agent must be accompanied by a certified copy of such agent's authority to act- i. 2 If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where tiny part of the Project is located or it ecascs to meet the requirements of paragraph 5.1, CONTRACTOR shall within test days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 5.3. Licensed SureimN and Insurers: 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 insurance companies that are duly licensed or authorimd in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions certificates of insurance (and other evidence of insurance requested by MWER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance. with paragraph 5.4. OWNTEsR-shall dal.; n / M1'Te ♦r'T(D . lh - -Hch additional -insured -identified -in -the -Supplementary required-to-purehase-and-mdintein-tn-decsrdance with paragraphs s 6 Gad s 7 !,.,rigs auk-.,�n� U • is • • • COATIZ4CTOR'.s Liabi6h' 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 fitrnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or famished by CONTRACTOR any Subcontractor or Supplier-, or by anyone directly or indirectly employed by any, of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers compensation, disability benefits and other similar employee benefit acts; 5 -43. claims for damages because of bodii injury, occupational sickness or disease, or Bath of CONTKACCOR's employees; 5.43. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; �:4.4.-sla ins-for-dmm�gas-insured-hy-etrstiirrmry " Ive;rare�Astainad- (+?-6y-env-pet'st�tt-as-a-rasu4t-of-en-offense-direetl}�riF indirectly-relei�l-ro-tlte-en}p4 nvment-t�f such -parson -by PONTD 1gf0l OF (if by ny-.. Other PeESc'3fi-fO- 6ny otbff-feasom 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 ptuchased and maintained shalt: SAT with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5A.9, include as additionaC insureds (subject to any 'customary axcfusion in respect of professional liability), OWNER. ENGINEER; k:NGLtiEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional msttreds; 5.4.8. include the specific coverages and be written -for not less than the -limits of liabirty provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.49. include completed operations insurance; EXI)C OENER.AL CONDIT10N51910S (1990 Edtiaf) WICITY OF FORT COLLI VS NIODIFICATION'S CREV 4120W) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33. 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CON R-ACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.1=remain in effect at bast until final payment and at al I times thereafter when CONTRACTOR may be correcting, removing or replacing tkferlive Work in accordance with pamgmph 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 paymncnt (and CONTRACTOR shall furnish OWITR 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). 01VA R'sLiability-Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph5.4, 0WN3GR, at OWNEK's option, may purchase and maintain at OLVNER'S expense OWNVER's own liability insurance as will protect O WNER aLpinst claims which may arise from operations under the Contract Documents. Property Insurance.- 5,6— Unl:�:s otherwise -provided -in -the -Supplementary GorRlitioas,-O WN-ER-shall-purchase-and-ran intctirt prt3pCrtyi-iFlSt[aria,'LatkNi-ktic:�nFla'-aF'vxc�ri2 uriiitatitEkiFlf of the-ftr8-rep6asaittent-cost-thereof-(subjast-Ki-such deductible-timounts-as-may-be-provided-in-the Supplementary -Conditions -or-required-by-Laws-and Regulations).-TItisinsum,rice shells include—the—irtFerests—oC—UWNEIv- G047Tsitirs, 1C1 6I� entities-identified-in-the-Supplemantary C-onditiwts; each ofwhom-is deemed to have -an -insurable -interest and-shall-N fisted as -an -insured or-acklitional-insured, 5.6 :2-be-wtitten-on-a-Builder's-Risk-'all-rislt-'-or shall at-4 dama$e-to-tlte-lVerk; terN3rary Mudd rivs-.1115t1AFer4e and l4`erl -i t kransit end shell +tn re.-agautsl-ai-k*ast the=follnwing-perils=€ire—lightniitz�—extended • No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. City of Fort Collins James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director rIL coverage,-theft-vandulistu-and-mof icious-in ischief, euFthqurike, a .1_I-_is-rzmeval;--drme4Hion oseast-✓�rnftuaement-o( 6aws-ane}--Regulations: avatar-dtimt t^a-an11-such-dhar-perils-as-mkty-ba srecal-wall�ecquiFed by-tlx-StrppkmenttuyCtutditiEws: -3:6.3-include-e.xWre -s-incurred-in-the-repair-or replacement ofany-irstued property -(including -but -nut ltEni.€'�-R -«� -e; e1 barges even ttzers•--M-A architects); 5.6. ,. coy r-muterials- and -eciuipmmt-sFeracf-at-the-situ ar-at-atwther-tc,mtion-that-was,ngreed to-in-writing-by 't--te-kir+t�tE�+��ratetl-irt-t#><"-�ki3rlr provided-that-sttc-t-contain 4.sand-eciuipment-hnve-been �zludrd-in-en� pplienti<xt-fix-Frttymem-reeenttnended b�E_'ti{r'1?:t�ER: and 5.6.55.. be in naurn d-ur��---' Ril-l-inul-puynte ", T.,a4e-t.�-etherwi-- aeF-mil--te-:n-wFitDirn__-bl thirty-dav�wfttten-aottsa-ta-anG}}-ether nddttionttl of nsumnee-has-been issued- 5.7. raid-mmfltran-suctrboiler and-maelanary-rnsucnnse ^.^a�--a�".�,itn:^-pFeAe'rty-t+vitiFenea Laws am Reetilatiorts Which as-may-he-rzquirztl-by-ilx Supplementary-(;txiditinm-ar I.nl imnnelude•the-iAe c,H--.�f QW NI-.R-�' ;n+coo,..rn ... i.»»..itruit.andnnv-otheFpeTson%or-entities ideixif}ed-ia-d)a-Su^m,l ;dam^ ''e,;:'�tionrs-eaa#t-ef-wh<rott is deemed -to have-ar+insuFabiri}szrest-unit-slm8-be listed-os an-inwFe4arF-ndditicxinl-irsuxed. .. ttmriae-..td-tlx-eertiAiesstas-car UxrzuFj--re4ui..R'-.'.^,--w--}.�=-c;,.,.and maintained-by-OWNS-R-in accordnr&,e-with-paragraphs-.�.G ».Q,' _`.' •.:rl-eonu-s-pntwi iutt-er-endersenierit-khfit-81e coverage -a 1£ordzd-wit I-not-tiz-cancellzd-or-ma kYi ally changed-or-reiiewel-refused-until-at-least-thirty-days' prior writinn-notice-has-bzen-e_ivrn-to--014�ER-wad C-0siT `�-rr�..G:F@RWnd-to-aaalt-ether-aeklatoltal-ttrarad-h) whom-a-certificate-of-irLsurence-has-been issued-nnd-will contain—waiver-proyis ions—in—acccxdance—with guru:-rngk}I+ 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in ;he if-any-dedun t-rue iilenti tied-in-thr-SupQlem ante ry-6ondii iore.=1'ha-risk-of less-with'at--iciaritt5a:1-datlustibla-am<utn�will-ba-1*inia such-loss-and-if-any-of-them-wishes-property-insuritnce awemge-w ithin-the-hm its-of-such-amoums,-each-may purchase -and -maintain it-a-the-purchuser's cuvn-expense. 5.-10-1f- ONFIR:-\GFOR-requests-in-writing-that-other ShRN-tN-��stl>Fr-+nelude-�e#r-i�urxnea-and-d)e-east thervi wall-be-cl Etrgedt^T�ypFbyappropriate Chringe Order of %Vri .en-- Amendment PrioF—to E.JC'UC OENE12,1I, CONUI110PtS I910-8 (199t! Ediliati 10 a7 CITY OF FORT COLLINSMODIFICA"rIONS(REV 41 aa(1) E commencement of -the -Work -at the-siteOWER-shall-in wHEmc advt_Sr-CO?'-"FR:\C�Gll�w}tk�tlxE-c�r�xu-suc#tethzr in5urarterhesbeerrpr<wureJ-by 9\\-'lT'sR 5.-i-1-1 t'[ri�es-e+f-R1gitFr -1-H—. (DWNTR-and-CONITR GTOR intend -that -all policies purchased -in -accordance -with -paragraphs -f;:G and 5.7-w'ill -protect -nn ,1k ,D .\ S SubcontmctcrS EI Cil_�3FER—I tiUFVEER's E'orecttltants-aru3-all-other-parsrins er atuitias-ickruifted in-tke�ttpplententeEy-Catttlitiam-to--be-listc�as inwreds-or-additiana 1-i rmirzcfs-in-such-pot iei es -and urea dnmagas-emised hv,--the-perils-covered-thersby- .AlI sueh�ak3liew"s ..;half-erx+t +trtlx-avrtN-eC-parrent or-damaage-the insarcrs-wi4fhavawri=rie3)LseifFasoveryvtgaittist-am-e€ the insuf ,'��iitienff - nstueds thereumdef. OWNfsit-and-G(*114.AGfF R waive--all-rights uualnst--raelr-okhc.-t.r ',a-o,�--•lr-rrspect»'r--eC� a* rs: diFestara-emplkiy2as-and-neetits-€ernll-lessas-and dame ng twt of or resulting4tom any-ot-the-l+en ls-eoverecl-h�such-pallciauim4-env ether-pFepetti`u suFnnee app4 eabk to due Wed- ttr4, an treiditioF> w81vz nll�aelr-rwyHL�egatnst .Sabeentrall .f: r:I'll rl�v`Pr;(i N41-{ Is Consultants ndall-other-personsor-entities-identified irt-The Supple tantae�--tea- list ed--es insuratLs-Ex-ad:liti ritnl-iI IJFeds-utxlzr-stteh-polis+es-€ar 1,�..._� ,Q.�»,1. dmm�g�-sFs-soused-?ions-of=tlta�hove y'si ;ers .aY,-,.all ,.,fend-to-fkte-FigSH.%4hat-arty---party staking-such-woiyar-urns-have-te-the-peoceeds-e€ iiasumm-n-hzld-by-FN�:�:Isi2--ns-vustaa-er-tsthaFwse • payable under -any policy-so.issue& 3-1-}�-�Ft�ciditk)r>-C3W�FH12-wn ivcs-all-F:g ";o.. agavist—C-ONTPR\C-T-OR Subcontractors; ;�'�---co<mtkanta-an '�'`,a of€tcers,-directors-rmpktyees-niui-agaivs-nf-any-of them,,-li)r2 .1-1.2A loss d- loss of-use-or-other-consaquemia I-loss-exWnd ing beyond -direct -physical -loss -or -damage -to gu.-•..-�,�n•- prof,ertr-er-Nir�4eir,.r;:n.,,... t--bv- mising-ou6oNor resulting•froitt-fro or -other -peril: whetheror-not-insuredbFO\\iv' iR and s-1.1>_ _�—loss-tx-dtimaga-to-the-sexl)platzd FreiL%tsar-pad-t#ta .. resulting -from -fire -or -other insured-peribeuvered by-any-propetty-insu during—partial—uti li rrition—pursuant—tu pe ragia ph-14.10,-after--Substantial-Completion pursuant-to-pamgraph-14:8-or-u Eier-final-Feymant pur:amm-teT4uugmph444-3: •\ny-fn;nnirtua-policy-tnaint wHBO arty-lasx-clentaga-a�wns�ttential-loss-referiatl ic3-in-t#vs j eregraplT3-}-i:2-she1} can...... ravisiam m the el%et-thet ai-Uto-ayes[t-ef-payment-eC-azty-curl;-kt�-damage-or sonsequentml-loss--the-aaur', h^^•.eno^ghts-of • 0 cecoverv-ago inst-any-et-EON`T Pv\GTOF-Subcattimctors; rltan£s-ant�th�oA'ierr dirctiic�rs: en3pkryees-and-agnrttscfany-o6tlteta: ReceiptandApplication oflnnuranceProceeds 5.13. Arty insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph5.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest .may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof acid the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. i,13. OWNER as fiduciary- shall have power to adjust and settle any losq with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loses to OWNER'S exercise. of this power. If suchobjection be made, OW'NFR as Fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and,-if--r.�e�ttira<f-i+t-writit>o-by-eny-party-in iatereit�-0:4y;; R-as-itdue{cry--:Janl1--gi+�e--Ind-F<'�the F ......1, .! flrepat-peFferttta��„�.�„reties. Acceptance of Bondy and Insurmrce; Option to Replace: 5.14. If e FrRAeFe&) OWNER has any objection to the coverage affrded by or other provisions of the Bonds -or insurance required to be purchased and maintained by the oilier —putty CONTRACTOR in accordance with Article i on the basis of non-conformance with the Contract Documents. the in writing within ten the certificates (or--ot 23. 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 EJCDCGENEKAL CONDITIONS 01M (19% Edilim) w1 C1TY 0I7 FORT COLLINS MODIFICATIONS UtEV 4/2NO) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.16; 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 charges in coverage necessitated thereby. The insurers providing the property insurance shall consent by endomement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partialuse or occupancy. ARTICLE 6--00\ rRAC'rOR•S RESPOSIBILITIES Super-iiimt and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents: CONTRACTOR shalt 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 cot =action which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to seethat the completed Work complies accurately with the Contract Documents. 62. CONTRACTOR shall keep on the Work at all times during its progress it competent resident superintendent, who shall not be replaced without written notice to OWNER :and E4GINLM except under extraorditairy circumstances. The superiniendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR: All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, biateriaty and Equipment: 63. CONTRACTCR 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 discs 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 otherwiseindicated 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 Lifter prior written notice to ENGLNEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of anv Work to be. performed on Saturday. Sunday. Holidays or outside the Regular Working+ Hours. 6A. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish aril assume full responsibility for all materials. equipment, labor. transportation, construction equipment and machinery, tools, appliances, fuel. power, light, heat. telephone, water. sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6:4.1. Purchasini, Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A cSTv of the resolutions are available for review in the offices of the Purchasing and Risk Mminszement Division or the Citv Clerk's ollwc. 6.42. Cement Restrictions- City of Fort Collins Resolution 91-121 requires that suppliers and prulucers of cement or products containing cement to v' rtifv that the cement was not made in cement kilns that bum hazardous waste as a fuel. 6.:. All materials and equipment shall be of goal quality and new, except as otherwise provided in the Contract Documents. All wamnties and guarantees specifically called for by the Specifications shall expressly run to the benefit of04VNER. If required by FNGINFER, CONTRACTOR shall famish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENTGLIEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Tames (or Nfilmones). Such adjustments will conform generally to the proxyess schedule then in etTect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Nfilestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6,7. Submitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a liartieular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description E1C'DCGE' 'tR.AL CORDIIIO.`,S 1910.8 (1990 EdBtiad 12 w1 C17Y OF FORT COLLINS NODIFICATIONS(IrLV40000) contains or is followed by words reading that no lit e. equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. 't)r-Equal If in L 7G1R'ELR's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficidmtly similar so that no charge in related Work will be required, it may be. considered by ENGNF'KR as an "or -equal" item, in which case review and approval of die proposed item may, in F.NGINF.ER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1,1, it will be considered a proposed suhstitute item. CONI'RACfOR shall submit sufficient information as provided below to allow ENG WEER to determ me Chit the item of material or equipment proposed is essentially equivalent to that roamed and an acceptahe substitute therefor. The procedureforreview by the L•'NGNEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests far review of proposed substitute items of material or equipment will not be accepted by FNGTNEF.'R from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONITR\CTOR shalt first make written application to KNGNTEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any, to which the evaluation and accepwrice of the proposed 'substitute will prejudice COIvTRACTOR's achievement of Substantial Completion on time, whether or not. acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation Or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected • 0 • • by die resulting change, all of which will be considered by ENGWEER in evaluating the proposed substitute. F gGLN-EER may requuc CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CO.,WRdCTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTORSs expense. 6.7.2. Substitute Consouction :[Meth«ls or Procedures: It' 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 utilin a substitute means, method technique, sequence or procedure of construction acceptable to FNGINEiER. CONTRACTOR shall submit sufficient infomlation to allow F_NGINLER, in ENGINF,E , sole discrction, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The proccdure for review by ENGINEER will be similar to that provided in subparagraph 6.7.12. 6.7.3. Engineet's Evaluation: F.NGf\FER. 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 "or -equal" or substitute will be ordered, installed or utilized without ENGINEEWs prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACl'OR's expense a special performance, guarantee or other surety with respect to any "or -equal" or substitute. ENG sfNFGR will record time required by ENGLNEER and LIIGINFER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct. contract with OWNER for work on the Project) occasioned thereby. W7iether or not ENGINLER accepts a. substitute item so proposed or submitted by CONTRACTOR CONTRACTOR shall reimburse OWNER for the charges of GNGI_NLER and HA7GTNEOVs Consultants for evaluating each such proposed substitute item. 6.8. Concerning Subednlmerarg Suppliers and Others: 6.8.1_ CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization ..(including those acceptable to OSVNFR and Eli iGRZE•R as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or LNGINE) R 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. EICDCGBNERALCONNEONS 1910-8 i1990 Editimy col CITY 017 FORT COLLINS MODIFICATIONS (ItEV 42000) b_9. CONTRACTOR shall perform not less [hart 20 percent of the Work with its own forces (ihat is, wi out 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 Price- G.8 2. Il''-d e-SuppFementn i-Cord [torts Biddin Documents require the identitv 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-advance-of--the-specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINHF.R�nd- iF has It liq aewrdancu-twcdr-thin-Supplemental, n;...-ter....._ WHOf in OWNFR's or ENGINEF.R's acceptance (either in waiting or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any-.;ttch-Subcentrewtar, Supplicv-Wither-person--or aFf�'Hill- 8EtFlrl-st)-HieREt1.it- All -aHsy-be-f2vk'/ked--o t-bite hastS- reasomatrl�ehjin-aRerue-tmestie.ttion.; ins hieh--eau. (4)iJU A44rO1.-shall-submit-an acccyiutbla�ttbstituta,-dte-Ceittfaet-Price-iviil-6e FNGINEER. No acceptance by OWNER or FNGIlv�F.R of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or F.NGfl\.TEER to myet d/eerive Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGMER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of die Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRAC'TOR'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 LNGMER anti 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, stipplier or other person or organization evidence of amounts Paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors Suppliers and other persons and organizations performing, or furnishing any of the Work under a direct or indirect contract with CONTRACTOR- CON'fR.AC'l'OR shall require .all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the 1Vork 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 delinenting the Work to be perforated by any specific trade. 6_1I. 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 0 WNER and EaNOINEE'R, lkhenec v mmy cucf agreemer ,s-..,o,-aw.he-is-listexl-as-an additirural-itxiured-on-t#te-ixoperiy-ir�vvn;rice-prrrrided-in paragapbs±.6 or <,,T., •c�,greitnant—batweaN—tha GO't -TRr1C-TOR-and-tlh-Suhcontractix-nr-Supplier-wiiI Parent Fees and Rnralriesr 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 ENGIIN ER 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. Tu the fullest extent permitted by Laws and Regulations. CONTRACTOR shall indemni£v and hold harmless OVY'N R, ENGINEER, ENGINEER's Consultants and the officers, directors, employers, agents and other consultants of each and any of them from and agaimt 911 claims, costs, losses and damages arising out of or resulting from anv infringement of patent rights or copyrights incidtad 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. la E9ucuEtaat.A COIN MONslvlo-xhv9oEdlian wl C7TY OF FORT COLLINS \tODIt1CA'nONS (REV •1na00) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR :hall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall Fey all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of aperting of Bids or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations. 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall he responsible for monitoring CON'I'RACTOR's compliance with any Laws or Regulations, 6.14.2. if C(')NTRACTOR performs any Work knowing or having reason to know that itis contrary to Laws or Regulations, CONCRAC'I'OR shall tear all claims, costs, losses and danmses caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings' are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of COM'RA(-,roics obligations under paragraph 3.3:'. Taxes 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar -taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use tares on materials to be permanently incorporated into the projxt. Said taxes shall not be included in the Contract Price. Address Colorado Department of Revenue State Capital Annex C� • 0 • • 0 137> Sherman Street Derwer, Colorado, 50=61 Sales and Use Taxes for the State of Colorado, Reuional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All appliatble Sales and Use Taxes (including State collected lases), on anv items other than construction and building materials nhvsically incorporated into the erect are to be paid by CON't RACI'OR and are to be included in appropriate bid items. Use of Premises.. 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the o.cmucins of workers to the site and land and areas iSentified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unrea_sormbly encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by an), such owner or occupant because of die performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONFRAUI'OR shall, to the fullest axtent permitted by Laws and Regulations, indemnity and hold harmless OWNER ENGINEER ENGINEER!s Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, trough[ by an, 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 front 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. 6.13. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: F'JCDC OEiNERAL CONDITIONS 19103 (1990 EMia0 WICITY OF FORT C'OLLiNS MODIFICATIONS (RLV 42000) 6.19. CONTRACTOR shall maintain in a safe placeat the site one record copy of all Drawings, Specifications, Addenda. Written Amendments. Change Orders. Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to Nragmph 9.d) in good order and annotated to show all changts made during construction The record doammems 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 ENGIN F'F'•R for OWNER. .Safety and Prorecdmt: 620. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pr gr ms in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 620.1. all persons on the Work site or who may be affected b; the Work: 6.20.2. all the Work and materials and equipment to he incorporated therein, whether in storage on or off the site. and 6.20.1 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. CONI'RAC'IM 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 shrill 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 &M, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CON"fRACTOR any Subcontractor, Supplier or any other person or organization direcaly or indirectly employed by any of them to perform or furnish any of the Work or anyone for µ•hone 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 ENGL�IEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and notattributable, directly or indirectly, in whole or in part to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CON'TRACfOR's duties and responsibilities for the safety, and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNTER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (eecept as otherwise expressly provided in connection with Substantial Completion). 6.21. Snfegy Reprecentatrve: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose dirties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety prectutions and programs. Hazard CommunicationNvgg anus: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to he made available to or eschan;_ed between or among employers at the site in accordance with laws or Regulations. E)nergendev: 6.23. In emergencies at%etim the safety or protection of persons or the Work or property at the site or adjacent thereto, CONI'RAC'TOR, without special instruction or authorization from OWNER a F,NGINEF.R, is obligated to as to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINFEiR prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENG VEER determines that a change in the Contract Documents is ra{uired 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 die consequernes orsuch action 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENTGINEER 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 &VG[I Hq= may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawing; will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGMTEER the materials and equipment CONrTR UI'0R proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26, 6.242. 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 ENGI\cER may require to enable FNGINEF.R to review the submittal for the limited 16 MDC GENIMAL CORIX11ONS 191"(1990 Edified a(aTrOr'FORT COLLI SnloDlrtCAnotS(RLV-1r000) purposes required by paragraph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Proeednres: 6.25.1. Before submitting each Shop Drawing or Sample, CO\'TRACTOR shall have determined and verified: 6.25.IJ. all field measurements, quantities, dimensions, specified performance criteria, installation requirLments, 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 CON FRACfOR's sale responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also hrive reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.252. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONI'RACTOR's review and approval of that submittal 6.25.3. At the time of each submission, CONTRACTOR shall give ENGLNEER 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 curse a specific notation to be made on each Shop Drawing and Sample submitted to GNGLNEER 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 D4GI.NEER as required by paragraph 2.9. LIGINEER's review and approval will be orily 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 ENG tUEER's review and approval will not cetend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of • r� • • 0 construction is specifically and expressly called for by de Contract DocumenLS) 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 FNGINFER, 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. FNGINEF,R'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 CONI'RA`rOR has in writing called ENGINEER's attention to each such variation at the time of submission as required I», 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 FTIGINTHR relieve CONTRACTOR Goat responsibility for complying with the requirements of pamgmaph 625.1. 6,28. Where a Shop Drawing or Sample is required by the Concoct Documents or the schedule of Shop Drawing and Sample suhmissions accepted by FNCrrNT.F.R as required by pamgmph2.9, any, related Work performed prior to FEER's review and approval of the pertinent submNGIN ittal will he at the sole excpense and responsibility of CONTRACTOR. Continuing the Work: 6 29, CONTRACTOR shall cam' 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 or any disputes or disagreements, except as permitted by pan, graph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 630. COA'TR.WTOR's General 11arranty and Guarantee., 6.30.1.CONTRACTOR warrants and guarantees to OWNER, IENUN 3ER and ENGINEERS Consultants that all Work will be in accordance with the Contract Documents and will riot be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other thtm. 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. Krone of the following will constitute an acceptance of Work that is not in EJCDC GENERA!. CO,'%'OITIONS 191"(1990 Edliai) cot ctry 017 FORT crou.ws xtoutt'1cATton's (RIEV naoao) 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 ENGLVEM 6.30.2.2. recommendation of any progress or final payment by ENGENH-;R: 6.30.2.3. the issuance of a certificate of Substantial Completion or env 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 a,ilure to du so: 6.30.2.6. any review and approval or a Shop Drawing or Sample submittal or the issuance of n notice of acceptability by ENGINFER pursuant to paragraph 14.13; 630.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 631. To the fullest cytent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold hamiless OWNER ENGINMR, E`IGLV'EER'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 engincers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible progeny (other than the Work itself), including the loss of use resulting therefrom, and (6) is caused in whole or in part by any negligent act or omission of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or famish any, of the VVork or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In .any and all claims against OVVNER or ENGINE -ER 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, env Supplier. env person or organi2ntion directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of than may be liable the indemnification obligation under para)gaph6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers compensation acts, disability benefit acts or other employee benefit acts. 6.33. 'rhe indemnification obligations of CONTRAACTOR under paragaph 631 shall not extend to the liability of ENGINEER and ENGNEER's Consultants. officers, directors, employees or agents caused by the professional negligence, errors or can issions of any of them. Sun•iral ojObligaliar.s. 6.34. All representations, indemnification& warranties and guarantees made in required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents. will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTTrF.R WORT: Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be Performed was not noted in the Contract Docurnents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting amp such other work and (il) 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 CONTR\CTOR or requires additional time and die 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 die 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, fining and patching ol'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 aril the others whose work will be affected. The duties and rLIonsibilittes of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable I S EXI)CGENtRAL CONDITIONS 1910.8 (1990 Edina) w•/ ❑7 y of FORT COLLINS MODiFICA'110NS (REV •IP000) provisions for the benefit of CONTRACTOR in said direct contracts between OWtiTR and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONI'RAUFOR'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 Rork. CON PLACTOR'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 Intent or nonapparent defects and deficiencies in such other work. CooreEnariaa: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will he identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7A.3. the extent of such authority and responsibilities will be provided. Unless othcrw6se provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such cocrdination ARTICLE 8—OAV\ER'S RFSPONSIBILITIES 8.1, Except as otherwise provided in these General Conditiors, OWNER shall issue all communications to CONTRACTOR throuitlt ENGNLER. 8.2. In case of termination of the employment of LNGLNEER, OWNER shall appoint an engineer against whom-COri'TRAC--TOR—makes-no-reasonable-objection; whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER %}tall furnish the data required of OWNER under die Contract Documents promptly and shill make payments. to CONrILACTOR promptly when they are due as provided in paragraphs, 14.4. and 14.13. 8.4. OWNER's duties in respect of providing lands and casements and Providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing 0 • • 0 structures at or contiguous to the site that have been utilized by ENG[NM in preparing the Contract Documents. _t—E11�R'sr2sportsibilitias-in-respcw7-e>f-pureltttsi e and -{nit nw ruin_-Iiab hay aril pw�t r tar s2k forth-inparagraphs 5.5 through -10z R.G. OWNER is obligated to execute Change Orders as indicated in parapaph 10.4. 8.7. OW -NE -Ws responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. R.Y. In connection with OWNER's right to stop Work or suspend Work, we paragraphs 1.3.10 and 15.1. Paragraph 15.2 deals with OWNER's right to tenni une .services of CONTRACTOR under certain circumstances. R.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for. CONTRACI'OR'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. OWN"F.R will not be responsible for CONTRACTOR'S Failure to perform or fumish the Work in acumrhmnce with the Contract Documents. �t+l�Ut?:I'sR's-responsibilit�in-respect-ot-rtttdisslnsedl R9dfERE51V 2-iVlflt2rifl19-alit't)v2C2d�0C-rdy2a}2d-flt--[112-9tt2-t4 set (art#rin�arst�aph-7-5- 8-1-1. c`---n- and -tar- the zxi<m G3XNER has agcc44e,-`cvr4tish rri�n•o rrrnu effid.i. ,.:aat0e-4hM fitatrmGttlI arrangements-have-been-medit-to-satisfy-OWNEi R-'s vdnv i,. cx—vic cm v o2`mTic ra>; :�.< r2spatsibiliiy-in-respect-thereof-will-b2-es-set-forth-um-Uma Supplementary -Conditions: ARTICLE 9-ENGINEER'S STATUS DURINC CONSMUCTION 01PAE:R's Representative: 9.1. ENGrNTEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ]ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Iisits to Site: 9.?. ENGINEER will make visits to the site at intervals .appropriate to the various stages of construction as ENGNNEER deems necessary in order to observe as an experienced and qualified design professional the progress FXDC GENE AL CONDITIONS 1910 S (t99a Ed5liao w/CITY or FORT COLLINSMODIFICATIONS (REV 4Caao) that has been mace and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations. LN-GINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. FNGINEHR will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGLN-EER's efforts will be directed toward providing, for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against &!/ etive Work. FNGINEF.R's visits and on -site observations are subject to all the limitations on EINTGINEER's authority and responsibility set forth in paragraph 9,13, and particularly, but without limitation during or as u result of ENGINEER's on -site visits or observations of CONI'RACI'OR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for COM'RACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with taws and -Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to worst ENGINEER in providing more continuous observation of the Work, The responsibilities and authority and limitations thereon of any such Resident project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not LIGLNTEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in _pyaiagraph 9Q of these General Conditions. ff the ENGINEER furnishes Resident �roj q epresentative fRPRI or other assistants. or if the OWNER desipates a Repr2sentntive of ag-enag-ent, all as provided in paragraph 9.3 of the General Conditions, these Representatives shall have the authority and limitations as provided in paragraph 9.13 of the General Conditions and shall be subject to the follow im: 9.3.1. The Representative's dealirras in matters pertaining to the on -site work will, in general, be with the ENGINEER and CONTRACTOR But. the Representative will keep the OWNER properly advised about such matters. The Representative's dealings with subcontractors will only be throueh or with the full knowledge and approval of the CONTRACTOR 9.3.2. Duties and Responsibilities, Representative will: 9.3,2.1. Schedules - Review the progress 19 171 SECTION 00100 INSTRUCTIONS TO BIDDERS 20 schedule and other schedules orepmed by the CONTRACTOR and ggirsult with the ENGDNT.ER concernine acceptability. 9.3.2.2. Conferences and Nleelinc - Attend meetina with the CONTRACTOR such ns preconstruction conferences_prot3ess meetings and other iob conferences and prepare and circulate copies of minutes of meetmLs. 9.3.2.3. Liaison 93.2.3.L Serve as ENCiINF.ER'S liaison with CONTRACTOR workirnt principally through CONTRACTOR'S superintendent to assist the CON'I'RACfOR in understanding die Contract Documents. 9.3.2.3.2. Assist in obtainint_ from OWNER additional details or information, when required. for proper execution of the Work. 9.3.23.3. Advise the ENGINEER and CONTRACTOR of the txtmmeneement of anv Work requirine a Shop Drawing or simple submission if'the submission his not been approved by the FNGINEER. $3.2.4.Reviety of Wod Rejection of DerPquvv iya Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work ht progress to assist the ENGINEER in determining that the Work is proceeding in accorc6mce with the Contract Documents. 9.3.2A.3. AcconiLmnv visitinu inspectors representing; public or other agencies having jurisdiction over the Project, record the results of these inspec[io u and r000rt to the ENGINEER. 9.3 2.5. Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of Lhe Contract Documents are needed and transmit to CONTRACTOR clarification and ntcapret bon of the Contract Documents as ss , by the ENGINEER 9.32.6. Modifications. Consider and evnlume CONTRr1CTOR'S sueaestioms for EJC'DC GES\'MAL CONDITIOV 191"(1990 Ed liai) a/ Cl' Y OF FORT OOLLI try \IODIFIC A nONS (REV d2000) modification in Drawmas or Specifications and repQTt th,�K res:ommendations to EN'GL\j-Eft. Accurately lmnsmtit to CONTRACTOR decisions issued by the ENG L\rEER 9.3 2.7. Records. L3.2.8. RgR9as, 93.2.F.1. Furnish EN'GLNTER periodic reports, as required, of the prouress of the Rork and of the CONTfEACTOR'S compliance with the psgress schedule and schedule of shop Drawing mid sample submittals. 9.3.2.3.2. Consult with ENGC,?UER in advance of schedultng_rhajor tests inspections or start of important ohases of the Work. 932.3.3. Drift proposed Change Orders and Work Directive Charges obtaining backup material from the CON'I'RACCOR and recommend to ENGLNEER Change Orders Work Directive Charges and held orders. 9.3.2.3 d. Report immedimelv to ENGINEER and OW: M the =urrence of anv accident. 93.2.9. Pavment Requests. Review applications fo�vmtent with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to • • 0 • ENGLNIE•ER noting particularly the relationship oC requirements of the Contract Documents (in the form of the payment requested to the schedule of values. Drawings or otherwise) as ENTGINTER may determine work completed and materials and equipment necessary. which shall be consistent with the intent of and delivered at the site but not incorporated in the reasonably inferable from the Contract Documents. Such Work, written clarifications and interpretations will be binding on OWNER and CONTRACTOR- If OWNER or 9.3.'.10. Completion. CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price 93.2.10.1, Before LNGINEER issues a or the Contract Times and the parties are unable to agree Certificate of Substantial Coco lens submit to the amount or extent thereof, if any, OWNER or to CONTRACTOR a list cif observed items CONTRACTOR may make a written claim therefor as requiring correction or completion. provided in Article .II or Article 12. 9.3.2.10.2. Conduct final inspection in the Authorized Fitriationsin A4$rk: comnvnv of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of 9.5. ENGINEER may authorize mirror variations in items to be corrected or completed. the Work from the requirements of the Contract Documents which do not involve an adjustment in the 9.3.2.10.3. Observe that all items on the Contract Price or the Contract Times and are compatible final list have been corrected or completed and with the design concept of the completed Project as a make recommendations to ENGCNEE•R functioning whole as indicated by the Contract concerning— acceptance. Documents. These may be accomplished by a Field Order and will he binding on OWNER and also on 9.33. Limitation of Authority: The Representative shall CON'CRACrOR who stall perform_ the Work involved Mt* promptly. If OWNER or CONCRAC'rOR believes that a Field Orderjustifies an adjustment in the Contract price or 93.3.1. .Authorize anv deviations from the the Contract Times and the parties are unable to agree as Contract Documents or accent arty' suhstitute to the .amount or extent thereof. OWNER or materials or equipment unless authorized by_Lhe CONTRACTOR may make a written claim therefor as ENGINEER. provided in Article I l or 12. 9.3.3.2. Fxceed limitations of ENGINEER'S Rejecting Defective Work - authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the responsibilities 9.6. ENGINEER will haveauthority to disapprove or • of the CONTRACTOR. Subcontractors, or reject Work which ENGTN'F.ER believes to be defective, t:('UTR'_\rTOR'S sup;{intendlent, or that ENGINEER believes will not produce a completed project that conforms to the Contract Documents or that 93.3.4. Advise on, or issue directions relative will prejudice the integrity of the design concept of the to or assume control over any.vpe I or the completed Project as a functioning whole as indicated by means methods, tcchmqu sequences or die Contract Documents. ENGNEER will also h:we proczdures for coulion unless such authority to reyu¢e special inspection or testing of the specifically called for in the Contract Documents. Work as provided in paragraph 13 9, whether or not the Work is Gabricated, installed or completed. 9.3.3.5. Advise on or issue directions Lgardina or assume control over safety SkopDrawings, Change Orders andPahments: precautions and prois:tms in connections with the Work. 93. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragmphs 6.24 through 9.3.3.6. Accept Shop Drawings or sample 6.28 inclusive. submittals from amrone other than the CONTRACTOR 9.8. In connection with D4GINEERRs authority as to Change Orders see Articles 10. 11. and 12. 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part. 9.9. In connection with ENGTNEER's authority as to Applications for Payment. see Article 14. 2.3.3.8. Participaate in specialised field or laboratory tests or inspections conducted by others Determinations for Lint Prtces: exec t as specifically authorized by the ENGINEER 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by Clarifueationsand lnterpretadons: CONTRACTOR. ENGINEER will review with CONTRACTOR the EN61NEER's preliminary 9.4. ENGINEER will issue with reasonable promptness detetminutions on such matters before rendering a written such written clarifications or interpretations of the decision thereon (by recommendation of an Application EXI)CCENERAL CONDITIONS 19108 (1990Et61iaf) 21 w! LM 017 FORT COLLI,NS h10UIFICATIONS CREV J C000) 11 for Payment or otherwise). ENGE UR's written decision thereon will be final and binding upon O NTER and CONTRACTOR. unless, within ten uhivs alter the date or any such decisioq either O4tiE1Z or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from EA'GNEER's decision and: (i) an appeal from ENGINEE•R's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC :A, "Dispute Resolution A_qeement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (iti) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing parry in a Forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to F.NGINEER's decision, unless otherwise agreed in writine by OWNER and CO\*TRACTOR Such appeal vitl not be subject to the procedures of paragraph 9.11. Decisions on DLvputes:- 9.1 L ENGINEER will be the initial interpreter of the requirements of the Contract DocumcLs and judge of die 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 Document% pertaining to the performance and furnishing of the Work and claims under Articles 11 and 1'_ in respect of changes in the Contract Rice or Contract Times will be referred initially to ENGIsNTEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGNEER and the other patty to the Agreement promptly (but in no event later than thirty Hays) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to EiIGDNFFR and the other party within sixty days after the start of such occurrence or event unless D4bTNEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant wid»» thirty days after receipt of die claimant's Iast submittal (unless F.NGNF.F,R allows additional time). ENGNEER will render a formal decision in writing within thirty days after receipt of the opposing pany's submittal, if any, in accordance with this paragraph ENGLUEGR's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGNEER'sdeeision is taken within the time limits and in accordance with the proceduresset forth in EYHIBIT GC -A "Dispute Resolution Agreement', entered into between OlVNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution agreement has been entered into, a written notice of intention to appeal from ENGLUL•L•R's written decision is delivered by OWNFR or CONTRACTOR to the other and to LNGNEER within thirty days after the date of such decision and a fornml 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 �a UCDCOEtrfa.uCONDInONSt91ast1990Edliva __ w/CrrrOFFORT COLLtvsxlODIFICArrovstkty.trzaoop decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under pamgraphs 9.10 and 9.11. EINMNEER will not show raneility to OWNER or CONTRACTOR and will not he liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGLUEER pursuant to pampaphs 9A0 or 9.11 with respect to any such claim. dispute or other matter (except any which have bean waived by the making or acceptance of final payment as provided in paragraph 14.I5) will be a condition precedent to any exercise by OW'I DER 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 clams. dispute or other matter -ours grit-tu :\rtiele-46. 9.13. Limitations on G%'Gh%EER's Authority and RevpnnsihiGriec: 9.13.1. Neither ENGINEER's authority- or responsibility under this Article 9 or under anv other provision ofihe Contract Documents nor any decision made by F:NGIMIi R in good faith either to exercise or not exercise such authority or responsibility, sibility, or the undenakin.2— exercise or performance of any authority or r�� pwnsihility by ENGNF.ER shall create, impost: or give rise to any duty owed by ENGLUEER to CONTRACTOR" arty Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13 2- ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR'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 Fumishutg or performance of the Work. ENGINNEER will not be responsible for COitiTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGGUEEiR wilt 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 ftral Application for Payment and accompanying documentation and all maintenance and operating instructions. schedules guarantees, Bonds and ceniticates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.135. The limitations upon authority and • 1r u 0 • responsibility set forth in this paragraph 9,13 shall also apply to ENGINEER's Consuluws, Resident Project Representative and assistants. ARTICLE 10—Cf1ANGF_S IN THE WORK 10.1. Without invalidating the Agreement and without notice to anv surely. OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will he authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be perforated under the applicable ennditiens 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 adjustmnt of the Contract Times that should he allowed as a result of n 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 net required by the Contract Documents as amended, modified and supplemented as provided in paragraphs-3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in Paragraph 13.9. 10.4. OWNER and CONrrRACI'OR shall execute appropriate Change Orders recommended by ENGEN=,R (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant -to paragraph 10.1, (ii) required becwtse of acceptance of defective Wort: under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the patties; 10.4.2. changes in the Concoct Price or Contract Times which are agreed to by the parties; anti 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11: provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, COr\"rR.,,GrOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents FJCDCOENER. L CONDITIONS 1910- (1990 Ecliliai) wd CITY 01: FORT Cou.INs INIODIFICATIONN (REV-lrzano) 0 (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTR.4CTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE, ll—CffA\GEOPCO\'1'R.\CI' PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorimd adjustments) payable to CONTRACTOR for perforating. the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR'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 nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty drays after the start of such occurrence or event (unless F,NGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts7to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by LNGINEER in accordance with paragmph 9.11 if OWiN1 R and CONTRACTOR cannot otherwise agree on the amount involved No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragmph 11.2. 113. The value of any, Work covered by a Charge Order or of any claim for an adjustment in the Contact Price will be determined as follows: 11.3.1. where thelkork involved is covered by unit priers contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, inclusive): 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Dcx:uments, 6y a mutually agreed payment basis, including lump sum (which may include an nllowance 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 1 1.3.2, on the basis of the Cast of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONfRAC'TOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost ojthe Work, 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as othenvise may he agreed to in writing by OWNER, such costs shall bein amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 115: 11.4.1. Pavroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNTER and CONfRAC:TOR. 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 an the Work. Payroll costs shall include, but not.be limited to; salaries and wages plus the cost of Fringe benefits which shall include social security contributions, unemployment, excise and payroll taxm workers' compensation, health and -retirement benefits, bonuses; s ek leaN,e: vaent c rarxlirol Aav pay applicable thereto. The expenses of performing 1Vork after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the e:aem authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER depwits funds with CONTRACTOR with which to make payments, in which case the cash. discounts shall accrue to OAVNER. 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. 11.43. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, EJCDCOENERALCONDITIONS 191M(1990 Etlilim) -4 w/ CITY OF FORT COLLINS MODIFICATIONS (REV •lr?000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to O\VNTR and CONTRACTOR and shall deliver such bids to 014NER who will then deterinine, with the advice of ENGINEER which bids if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee. the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and toe as provided in paragraphs 11.4, 115, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.44. Costs of special consultants (includine but not limited to engineers, architects, testing laboratorim surveyors. attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 114.5.1. The proportion of necessary po transrtation, travel and subsistence expenses of CONfRACTOR's employees incurred in discharge of duties connected with the Work. 114.5.2. Cons, including trantiportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which arc 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 transponation, loading, unloading, installation dismantling and removal thereof -all in accordance with terns of said rental agreements. The rental of any such equipment, machinery or pans 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. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by COM'RACTOR in connection with the 11 • • • 1r1 -II `J 0 performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNTER in accordance with parap-aph 59), provided they have resulted from causes other than the negligence of CONTRACTOR. any, Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONMACTOR's fee. ll; however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTR4CfoR shall be paid for services a fee proportionate to that stated in imrarmph I I A2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.45.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll cats and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, ac;oumamts, 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 gencral administration 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 11.4.4 all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.52. Expenses of CO\TR\CTOR's principal and branch offices other than CONTRACTOR's once at the site. 11.5.3. Any pan of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cox of premiums covered by subparagraph 11.4.5.9 above). EJCUCOtNERAL CONIXTION5 1910-3 (1990 ed iimi wfLI Y OFFORT COLLINS3IODIFICATIONS lRV,WWO) 115.5. Costs Lhie to the negligence of CONTRACTOR, any Subcontractor, or anyone. directly or indirectly employed by any of them or for whose acts any' of them may be liable, including but not limited to, the correction of ckfective Work, disposal of mnteriak or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of anv kind and the costs of any item not specifically and expressly included in paragraph:11.4, 11.6. The CONTRACfOR's fee allowed to CONTR-\CTOR for overhead and profit shall be determined ns follows: 11.6.1. a mutually acceptable fixed fce; or 11.6.1 if a fired fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. fir costs incurred under paragraphs 11 4.1 and 11.4.2, the CONTRACI'OR's fee shall be fifteen percent; 1 L6.2.2. for casts incurred under paragraph 11.4.3, the CON"TRACTOR's fee shill be live percent; 11.6.2.3. where one or more tiers of subcontracts arc on the basis of Cost of the Work plus a fee and no fined 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 1 AI and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee-of'-tiro-pareenhof--the-amount-pa d-to the nett-lowertier-Subcontractor to be negptiated in Lood faith with the OIL -Li —ER but not to exceed live percent of the amount paid to the next lower t� $yl�contrn or. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and I I.S; 11.6.2.5. the amount or credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to Eve percent of such net decrease; and 11_6.2.6. when both additions and credits are involved in any one change, the acfjusunent in CONITRACTOR's fee shall he computed on the basis of the net change in accordance with p mgmphs 11.6.2-.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to pame-mplts 11.4 and 11.5, CONMACTOR will esutblish and maintain records thereof in accordance with=encrally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allmvances: U.S. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CON'I'RACI'OR agrees that: II.S.I. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site. and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances hnve 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 pyment, an appropriate Change Order will be issued as recommended by FiNGINF.ER to reflect actual amounts due CONI'RAC'1'OR. on account of Work covered by allowances, and the Contract Price shall he correspondingly adjusted. 11.9. Unit Price IFarlc 1 1.9.I. Where the Contract Documents provide that all or pan of the Work is to be Unit Prix Work, iniuAv the Contract Price will be deemed to include for all Unit Price Work an amount equal to the suns of the established unit prices for each septtmtely identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by OONTRACTOR 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. 1 L93. O1\NER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accorltutcc with Article 11 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; EXI)COENMALCONN'110 5191M(1990 Edam) ZG w/CITY OF FORT COLLINISMODIFICA nONS(REV 4Q000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.33. if CONrl'RACIOR 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 ratable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknow'lclges that the OWNER has the rieht to add or delete items in the Bid or chanac quantities at OWNER'S sole discretion without agect ne the Contract Price of any remaining, item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price ARTICLE 12--CHANGE OFCOi\ I'R4CT'IIJiES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be- teased on written notice delivered by the party making the claim to the other piny and to FNGIiNLR promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the erunt of the claim with supporting data shall be delivered within sixty days after such occurrence (unless FNGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjusuncnt claimed is the entire adjustment to which die 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 \blestones) shall be determined by FNGINI FER in accordance with pamgraph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Tunes (or Milestones) will be valid if not submitted in accordance with the requirements of this paragaph 12.1. 12.3. All tune limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any pan of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount egttal 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 n U • 0 • • 0 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) date to delay beyond the control of both OWN -MR and CO\TRACTOR, an extension of the Contract Tunes (or'Nlilestones) in an amount equal to late time lost due to such delay shall be CONTRACTOR's sole and exclusive remedv Far such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused h<• or within the control of the CONfRAM'OR, or (11) Mays beyond the control of both parties including, but riot limited to, tires, floods, epidemics, abnormal weathcr conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13-TFS'1'S t"'D IrN`SPECTIOM; CORRECTION, REMOVAL OR ACCEPTANCE OF DKF'FCTII,A WORT: 13.1. Notice of Defects: Prompt notice of ail defective Work of which OWNER or FNGINEE:R have actual knowledge will be givers to CONTRACTOR !u] defective Work may be rejected, corrected or accepted as provided in this Article 13. Recess to Work: 13.2. 01%, E , ENGLNEER, DIGUEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable -times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for .such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13,4. OWNER shall employ and pay for the services of an independent testing laboratory W perform all inspections, tests, or'approvals required by the Conmict Documents 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 pamgmph 13.9 DCIX; GL'NER AL CONDITIONS 1910-8 (1990 Edlim) WI CITY 017 FORT COLLINS MODIFICATIONS (REV 4,2000) below shall be paid as provided in staid paragraph 139; and 13.4.3as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction requ re any Work (or part thereat) specifically to be inspected, tested or approved by an employee or other representative of such public body. CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or.approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection. or approval. CONTRACTOR shall also be responsible for .arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEE:R's acceptain c ofmaterials 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 he, inspected, tested or approved is covered by CON''TRACTOR without written concurrence of ENGINEER, it must, if requested by E:NGINEER,. be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CON'rRAC'rOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTR\CT'OWs intention to cover the same and FNGINEF IZ 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 ENGNNEER, it must, if` requested by ENGEi LEER, be uncovered for ENGlNT-rR's observation and replaced at COIv'1'RACTOR's expense. 13.9, If ENG INEF,R considers it necessary or advimble that covered Work be observed by ENGNEER or inspected or tested by others, CONTRACTOR at ENGNEER's request, shall uncover, expose or otherwise make available for -observation, inspection or testing as ENGNEER may require, that portion of the Work in question, furnishing all necessary Labor, material and equipment If it is found that such "'ark is defective, CONTRACTOR shall pay all claims. costs, losses and damages caused by, arising out of or resulting from such uncovcring, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but riot limited to all costs of repair or replacement of work of others); and OW'i�?ER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR -hill be allowed an increase in the Contract Price or an extension of the Contract Times for iilestones), or both, directly attributable to such 27 uncovering exposure, observation, inspection, testing, replacement and reconstruction: and, if the parties are unable to asee as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12. 01t1'ER May Stop the Itork: 13.11). If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER mev order CONTRAC'rQR to stop the Work, or any portion thereof. until the cause for such order has been eiiminmed, however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this ri_hl for the benefit of CON'r RAC: f OR or any surety or other partv, Correction or Removal of Defective It ork: 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 F,NGINEF'R, remove it from the site and 'replace it with Work that is not defective. CONrRACTOR shall pay all claims, costs, losses and damag�ti 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 ens-vaar two years after the date of Substantial Completion or such linger period or time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such cfective Work, or, if it has been rejected by O'viNLIE , remove it from the site mid replace it with Work that is not dfective, 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 muse serious risk of loss or damage, OWNER may hive the defective Work arrested or doe rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of _repair or replacement of work of others) will be paid by CONTRACTOR 13.1_ 2_ In special circumstances where it particular item of equipment is placed in continuous service before Substantial Completion of all the Work; the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment 1112.3. Where defective Work (and damage to other �S EJC'DCGENEKAL CONUtTTONS 1910rS (1990 Edlim) ad CITY OF FORT COLLI NS MODIFICAI IONS (RLV at2000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.13, the correction period hereunder with respect to such Work will be extended for an additional period of the -year two vears after such correction or removal and replacement has been satisfactorily completed, ;acceptance of Defective lyork: 13.13. If, instead of requiring correction or removal and replacement of defctive Work. OWNER (and, prior to ENGINMER's recommendation of final payment, also FN`GWEER) prefers to accept it, OWNFER may do so. CONTRACTOR shall pay all claims, costs. losses and cimmnges attributable to OWN'F.R's evaluation of and determination to accept such defective Work (such costs to be approved by ENULNEER as to reasonableness). If any such acceptance occurs prior to ENGINF.E1Ys recommendation of frnttl Iztyment, a Change Order will be issued incorporting the necessary revisions in the Contract DocumeraLs with respect to the Work: and OWNER shall he entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, air appropriate amount will be paid by CONTR--\c7 0R to OWNER. 0117VER Mar Correct Defective lVork 13.1d. If CONCRACI OR faikwithin a reasonable time after written notice from ENGINEER to correct d� festive VYork or to remove and replace rejected Work as required by FNGINEF.R in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documerts, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OVYWER 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, Ot4NER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all matertals and equipment stored at the site or for which OWNT-R has _paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OtWi TR, OWNER's representatives, agents and employees O"WER's other comractom and ENGINEER and MIGCNE-ER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, costs, louses 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 amoum thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, ems, losses and 11 • 0 • • 0 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 CONfRACTOR's defective Work. CONTRACTOR shall riot be allowed an extension of the Contract Times (or Nlilestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14-41AYNIEN fS T'O CONTRACTOR AND COJEPLETION Scliedule of Palsies. 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. .Application for Progress Payment: 14.2. At least twenty days before the date established for t-ich progress payment (hut not more often than once a month). CONTRACTOR shall submit to ENGLNEM for revimv an Application for Payment tilled out and signed by C0r,YfRACT0R covering the Work completed is of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. if payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing the Application for Payment shall also be accompanied by a bill of sale, invoice or other docomenLmon warranting that OWNER has received the materials and equipment Gee and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, rill 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 OWNNER shall not be subiec to substitution by the CONTRACTOR with securities or any arrangemenis involving an escrow or custodiansHp_Dy executing the application for payment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes. Section 24-91-101 el seu. COATP.-ICTOR's 11"arranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment Gee and clear of all Liens, Remiew of.4pplicationn' for Progress Payment., 14.4. ENGINEER will within ten days after receipt of each Application for Payment, either indicate in writing a EJCUCGENERALCONOITIO? i 191M(19% Edliao W1 CITY 01: FORT COLLINSMODIFICATIONS (REV 4R000) reconnmencition of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGLNEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentatim of the. Application for Payment to OWNER with E'NGNEER'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 CO\TRACTOR 14.5. ENGINF.ER's recommendation of any pavment requested in an Application for Payment will Cnnsutute a representation by ENGINEER to OWNER, based on ENGINF'F:R's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for payment and the accompanying data and schedules, that to the best of ENGINEER'S knowledge, information and belief. 14.5.1. the Work has progressed to the point indicated, 14,52 the quality of the Work is generally in accordance with the Contract Documents (suhject 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 reconi nendadon), and 14.5.3, the conditions precedent to CONTRACTOR's being entitled to such payment appear tohave been fulfilled insofar as it is LNGNEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: () ethaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to MIGNEER in the Contract Documents or (it) that there may not be other matters or issues between the parties that might entitle CONCRAC'TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. LNGI=RER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible far CONTRACTOWs means, methods, techniques, sequences or procedures of construction. or the salety precautions and programs incident thereto, or fqr arty failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnish ag or performance of Work, or for any failure of C09FRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGNEER's opinion, it would be incorrect to make the representations to ,9