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RFP - P983 NORTHSIDE AZTLAN CENTER DESIGN BUILD
Request for Proposal City of Fort Collins Proposal No. P983 Northside Aztlan Center -Design/Build The City of Fort Collins is seeking qualifications and the best possible combination of design and building construction services for the design and construction of the Northside Aztlan Center-Design/Build replacing the existing facility located at 112 East Willow Street. Written proposals, seven (7) copies, will be received at the City of Fort Collins’ Purchasing Division, 215 North Mason Avenue, Fort Collins, Colorado 80521. Proposals will be received before 3:00pm (our clock) March 25, 2005, Proposal No. P983. The City desires that proposing teams (or members) have experience on Recreational Facility projects of similar scope and size, and must also have had some experience on design-build projects within the last five years. • No telephone communications regarding the scope of the project will be answered. • City of Fort Collins’ staff will not hold individual meetings with any prospective proposers. • Questions concerning the scope of the proposal will be addressed in one way. o A pre-proposal meeting will be held on March 15, 2005, at 10:00am- 12:00pm, at 300 West LaPorte Avenue (City Council Chambers). Questions regarding the proposal submittal process should be directed to James B. O’Neill II, CPPO, Director of Purchasing and Risk Management, (970) 221-6775. Questions regarding the project should be directed, in writing, to Steve Seefeld, Facilities Project Manager (970) 221-6227. Questions received only until 5:00 PM, March 17, 2005. 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. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 1 REQUEST FOR PROPOSAL CITY OF FORT COLLINS NORTHSIDE AZTLAN CENTER-DESIGN/BUILD PROPOSAL NO. P983 RFP OPENING DATE: 3:00 P.M. MARCH 25, 2005 2 Request for Proposal City of Fort Collins Proposal No. P983 Northside Aztlan Center -Design/Build The City of Fort Collins is seeking qualifications and the best possible combination of design and building construction services for the design and construction of the Northside Aztlan Center-Design/Build replacing the existing facility located at 112 East Willow Street. Written proposals, seven (7) copies, will be received at the City of Fort Collins’ Purchasing Division, 215 North Mason Avenue, Fort Collins, Colorado 80521. Proposals will be received before 3:00pm (our clock) March 25, 2005, Proposal No. P983. The City desires that proposing teams (or members) have experience on Recreational Facility projects of similar scope and size, and must also have had some experience on design-build projects within the last five years. • No telephone communications regarding the scope of the project will be answered. • City of Fort Collins’ staff will not hold individual meetings with any prospective proposers. • Questions concerning the scope of the proposal will be addressed in one way. o A pre-proposal meeting will be held on March 15, 2005, at 10:00am- 12:00pm, at 300 West LaPorte Avenue (City Council Chambers). 1. Call the Purchasing Fax-line, 970-416-2033 and follow the verbal instructions to request document #30983. 2. Download the Proposal/Bid from the BuySpeed Webpage https://secure2.fcgov.com/bso/login.jsp 3. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Request. Questions regarding the proposal submittal process should be directed to James B. O’Neill II, CPPO, Director of Purchasing and Risk Management, (970) 221-6775. Questions regarding the project should be directed, in writing, to Steve Seefeld, Facilities Project Manager (970) 221-6227. Questions received only until 5:00 PM, March 17, 2005. 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. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. 3 The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 4 TABLE OF CONTENTS CHAPTER 1................................................................................................................... 4-6 CHAPTER 2................................................................................................................... 7-8 CHAPTER 3…………………………………………………………………………………….9-10 CHAPTER 4……………………………………………………………………………………11 CHAPTER 5……………………………………………………………………………………12-13 CHAPTER 6……………………………………………………………………………………14-16 CHAPTER 7…………………………………………………………………………………….17 CHAPTER 8…………………………………………………………………………………….37 5 CHAPTER 1 – GENERAL INFORMATION I. GENERAL The City of Fort Collins is seeking qualifications and the best possible combination of design and building construction services for the design and construction of the Northside Aztlan Center Replacement. Pre-Conceptual design of the Facility has determined the building to be approximately 50,000 sq. ft. located at 112 East Willow Street in Fort Collins, Colorado. The Facility will serve the needs of the Recreational Community of Fort Collins and will include a three court gymnasium; multi-purpose room for wrestling & boxing; multi-purpose room for social activities; cardio, weights, and exercise area; classrooms; kitchen; computer lab; conference/meeting rooms; intergenerational lounge; jog/walk track around gym (second floor); staff offices; lobby; locker rooms; bathrooms; storage, and mechanical areas. II. REQUIREMENTS The City desires the best possible combination of design and building construction services for the project. The successful team will be responsible for ALL disciplines required for the design, engineering, cost estimating, and construction services necessary for completion of the project from conceptual design through project close- out. The successful team will be responsible for meeting all state and local licensing requirements in the design and construction of the facility. The standards referenced and included in this RFP are intended to establish the expectations the City has for this project regarding quality of materials and workmanship. III. TEAM BUILDING The City desires a successful project for everyone involved. The City would like to create an environment where trust and teamwork prevent disputes, foster a cooperative bond to everyone’s benefit, and facilitate the completion of a successful project. City staff wishes to work with the design/build team closely on a day to day basis as members of a project team during design and construction. IV. DESIGN/BUILD SELECTION PROCESS The design/build selection process will be completed in two steps: STEP I: Preliminary Selection by Qualifications The City will issue a “Request for Proposal” (RFP) and select the top three design/build teams based upon the qualifications and experience of the team. No schematic plans for this project will be considered in Step I. The selection committee will evaluate the submitting Teams’ qualifications, NOT specific architectural proposals. STEP II: Selection of the Design/Build Team Step II will be completed in two parts. Part (a.) will be comprised of the proposal written materials, and Part (b.) will be an oral interview with the Proposers. The City will transmit the following to the three selected (finalists) design/build teams: 6 a. The Northside Aztlan Center-Design/Build schematic “Space Plan”, as envisioned by Staff, dated January 2005. (This space plan will be updated by the selected design/build team). b. A detailed list of the City’s “Expectations” of the project and any special requirements. c. A site boundary survey showing gross acreage dated May 1978 by Bradford L. Smithe Associates. d. A topographic drawing of the site, dated August 2002, prepared by The Engineering Company. e. A copy of the preliminary geotechnical engineering report, dated September 30, 2002, prepared by Terracon. f. Information regarding recent site ENVIRONMENTAL WORK. In April 2001, the site of the Northside Aztlan Center was identified as an EPA superfund site and under a Brownfields Redevelopment Project site, with a modified Phase I Environmental Site Assessment being completed by Walsh Environmental Scientists and Engineers, Inc. Significant soil and ground water contamination by coal tar compounds and other related petroleum products was identified on the site. Also, the site was the former Fort Collins municipal landfill until the early 1960s. Since that time, Public Service Company of Colorado and the United States Environmental Protection Agency has conducted extensive investigation of the seep of “tarry” material in the Poudre River. They have developed detailed plans for the investigation and remediation work to be completed which is being constructed at the present time. The work is scheduled to be completed May 2005. The work will include a 700 foot vertical wall in the south bank of the Poudre River, a small treatment building in which water collected in the wall structure will be treated, and other minor structures to support the operation and maintenance of these facilities and ongoing monitoring of the area. Because the proposed location of the new Northside Aztlan Center will be built over the identified plume of coal tar, the design/build team will have to follow certain requirements developed as part of the remediation plan. These two requirements will be: 1. “Reasonable Steps”. Exhibit _____ 2. The City’s “Health and Safety Plan” for procedures if contaminant is encountered during construction. Exhibit _____. • Also, the following maps are included for your use: 1. Appendix “E” Site Location. Exhibit _____. 2. Appendix “F” Plume Map/Lateral Extent of Contamination October 2004. Exhibit _____. 7 3. Figure 2 “SA Drilling Locations with Extent of Coal Tar Imports”. Exhibit ___. 4. Figure 3 “Conceptual Site Model Diagram Geologic Cross-Section A- A”. Exhibit _____. g. A copy of the floor plan of the existing Northside Aztlan Center. h. Project Budget: The project budget for the design and construction services is in the range of $7,800,000 to $8,100,000, which includes the design services, building construction, and all “on-site” improvements. V. DESIGN INTERVIEW A schematic design interview of two hours will be held with each design/build team and the City’s selection committee to complete Step II. Following is the proposed schedule for the selection process: STEP I DATE Information available to Proposers March 1, 2005 RFP Pre-Proposal Meeting March 15, 2005 Receive Proposals March 25, 2005 Select Three Design/Build Teams April 8, 2005 STEP II DATE Submit Information to Three Design/Build Teams April 11, 2005 Pre-Proposal Meeting with Three Design/Build Teams April 19, 2005 Receive Design/Build Proposals May 20, 2005 Interviews with Three Design/Build Teams June 7, 2005 Select Final Design/Build Team June 7 , 2005 Notice to Proceed D/B Team July 11, 2005 VI. PURCHASING RESTRICTIONS The proposer’s authorized signature on the proposal assures the team’s compliance with City of Fort Collins’ purchasing restrictions. A copy of the restrictions is available for review in the Purchasing and Risk Management Division or the City Clerk’s Office. 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 fuel. VII. THE CAPITAL PROJECTS PROCEDURE MANUAL The City of Fort Collins has adopted the use of the Capital Projects Procedures Manual. The detailed Scope of Work for this project will relate to this manual. This manual correlates very closely to the phases of work sequence by the American Institute of Architects. It includes site analysis, schematic design, design development, construction documents, bidding, construction administration and project close-out. This manual will be available for use by the selected team. VIII. BUILDING DESIGN STANDARDS MANUAL The City of Fort Collins has developed a Building Design Standards Manual, dated November 2004. This manual will be available for use by the selected team. IX. STATE TAXATION The City of Fort Collins is exempt from all state taxation including state sales and use taxes. 8 CHAPTER 2 – OBJECTIVES I. DESCRIPTION The proposed project is the design and construction of an approximately 50,000 sq. ft. Recreational Facility. The Facility will serve the entire Fort Collins Community and will include a three court gymnasium; multi-purpose room for wrestling & boxing; multi- purpose room for social activities; cardio, weights, and exercise area; classrooms; kitchen; computer lab; conference/meeting rooms; intergenerational lounge; jog/walk track around gym (second floor); staff offices; lobby; locker rooms; bathrooms; storage and mechanical areas. The site needs will include patio area; skate park (use existing); playground (relocate); outdoor basketball court (lighted); outdoor handball/racquetball court; and parking. (Parking will require a detailed parking study of the entire neighborhood). The new Facility will replace the existing Facility. It is intended the existing facility will remain open during the design and construction of the new facility. The old facility will be removed and converted to parking and other designed features after the new facility has opened. The project will conform to the City of Fort Collins Land Use Code. II. IMAGE • Project Positive Image to the Community a. Convey sense of permanence and community pride. b. Timeless look, not “trendy”. c. Avoid flashy or expensive looking. d. Solid and permanent e. Useful and efficient f. Fits well into site/environment • Welcome Person with all Levels of Abilities a. ADA requirements will be paramount. b. Friendly barrier-free design. c. Integrate the disabled without stigmatizing them. d. Universal design for entire population (all ages, all levels of ability). e. Warm, professional and welcoming. f. Wide, well lighted corridors. g. The building should “delight” visitors. h. Enough entries to be convenient to approach from more than one direction. III. FLEXIBILITY/DURABILITY • Avoid having the Building Become “Outdated” in 5-10 Years a. “Serviceable” life of the building anticipated to be 50+ years. b. Plan for changes. c. Maximize use of re-locatable/reusable/recyclable products. d. Maintain “modular” space standards as identified in the program. e. Plan for future expansion. • Reduce On-Going Maintenance and Repair Costs a. Reduce need to repair or replace equipment and materials. b. Use materials that prolong the useful service life of the building. 9 c. Ensure equipment and corresponding distribution network is accessible for serviceability. d. Consider maintenance cost in the life cycle analyses of equipment, systems and materials. IV. WORK ENVIRONMENT a. Recognizing that people are the highest cost associated with buildings, provide an “uplifted” work environment that supports and enhances worker productivity. b. Design high quality lighting utilizing daylighting and quality electric lighting. c. Maximize visual connections to the outdoors without negatively, impacting energy use. d. Create a thermally comfortable environment with minimal use of energy. e. Provide good indoor air quality through use of less toxic materials, well- designed ventilation, etc. f. Minimize HVAC, and other equipment noise. V. SUSTAINABLE DESIGN It is the intent of the City of Fort Collins that the project earns enough credits using the US Green Building Council’s (USGBC) LEED™ Green Building Rating System to earn a “Silver” certification. The most current version of LEED™ at the time of the project design shall be used. In this context, it is desired that particular attention be given to building shape and orientation to optimize daylighting potential while minimizing unwanted heat gain and glare. 10 CHAPTER 3 – PROFESSIONAL SERVICES I. DESIGN SERVICES All the necessary design services to complete the project including the following: a. All customary architectural design services for a project of this size scope and budget. b. All planning design services. • The design consultants will have to coordinate the design of this facility with the work being conducted by the “Downtown River Improvement Project”. The contact person will be Kathleen Bracke (970) 224-6140. This study will determine the design criteria for the infrastructure improvements of the area. • The design consultant planners as well as the civil engineer will have to coordinate the design of this facility with the design of the improvements to the Willow Project by Lagunitas Companies. The contact person for this work will be the City’s Project Manager, Steve Seefeld. This work may include coordination and planning to formally vacate the existing alley, developing design for shared landscaping, and shared storm drainage detention with contiguous property owners. c. All landscaping and irrigation design services. d. All civil design services. • Transportation Impact Study (TIS) • All other civil work necessary for City approval. • A task required as part of the T.I.S. will be to complete a detailed “Parking Study” of the area. This parking study will include the impact of parking for the new Northside Aztlan Center, the Willow Project, the impact of the existing parking of the Larimer Community Services, Inc. parking lot, as well as the impact on the “on street” parking within the surrounding area. • A task required as part of the civil engineering work will be developing a plat of the entire site showing all the appropriate easements and tracts of the different uses of the site. i.e., the Northside Aztlan Center Tract, the Larimer County Services Tract, and the Heritage Park Tract. e. All customary structural design services. f. All customary mechanical design services. • Including: Fire Protection Design g. All customary electrical design services • Including: Communications & Security Systems Design • Including: Fire Alarm System Design h. Any Special System Design Services needed for a Recreational Facility. 11 Each design discipline will exercise due diligence in their work to maximize the potential for sustainability and energy conservation. This may include life cycle cost analysis. The City of Fort Collins desires the prime architect be experienced in Recreational Facility Design. The City desires an architect/builder and planning firm experienced in working with the City of Fort Collins planning process. The design professional will usher the project through the City approval process. The design build arrangement is expected to be a partnering between the design professional and the builder. However, the City requires that all design consultants be contracted directly with the principal A/E. II. CONSTRUCTION SERVICES The design/builder will provide all necessary construction services to complete construction of the project, including a cost consultant. a. Construction cost factors. Establish, in detail, the factors which will be used in determining the final prices of work on time and material projects OR on negotiated guaranteed maximum price construction contracts. These factors shall be comprehensive in establishing all costs to be applied to direct project labor and materials in determining the construction cost. Commitments shall include: • Overhead and profit (combined) margin for general office activities on the base bid cost. • Overhead and profit (combined) margin for field office activities on the base bid cost. • Markup on subcontractor work by the General Contractor. • Markup on materials and equipment on the base bid cost. • Markup on project labor or materials to determine the final contract price. • Change order markup, including supervision allowance, labor and material markups, and overhead and profit percentages, as a percent of labor and materials cost for any changes in the work following contract award. • You MUST submit the above requested information. The selection team will consider other methods of contract negotiations that the firm may have experience with. • Your firm is expected and required to have a completely open book policy on all pricing of work 12 CHAPTER 4 – SPECIAL INTERFACES I. SUSTAINABLE DESIGN The goal of the City is that the project will be designed using the U.S. Green Building Council’s (USBGC) LEED™ Green Building Rating System for new construction and major renovations, to earn a “silver” certification. City Utility Personnel will be involved with the design team process on a limited basis. The Design/Builder will be responsible for providing to the Owner (City of Fort Collins) with all material requirements necessary for submission to the USBGC for certification. II. COMMISSIONING The City of Fort Collins will provide the commissioning firm and the design/build team will be required to coordinate the design and construction with this commissioning agent. III. ART IN PUBLIC PLACES The design/build team will be required to work with an artist from the City’s “Art in Public Places” Program with the intent to design artistic elements into the project concept, and that are within the APP budget for this project. A member of the design/build team will be added to the committee that selects the artist. The City will contract directly with that artist. IV. FURNITURE DESIGN AND INSTALLATION The City of Fort Collins will be responsible for the furniture design and procurement. The design/build team will assist in the coordination of this effort as the furniture design will proceed at the same time as the building design. V. TESTING SERVICES The City of Fort Collins will be responsible for all the testing services (soils, concrete, asphalt, structural steel, etc.) and will contract directly with a testing agency for this work. The design/build team will assist in the coordination of this effort. The design/build team will schedule all necessary construction inspections and tests directly with the City’s designated agent for these services. VI. COMMUNICATION WORK The City of Fort Collins will be responsible for communication work with regard to telephone and computer cabling including procurement of this equipment. The design/build team will assist in the coordination of this effort. Also, it will be the responsibility of the design/build team to install the raceways, conduits, fixtures, etc. for the communication systems. Design and construction of the security system for the facility will be the responsibility of the design/build team. VII. COMPUTER LAB, EXERCISE EQUIPMENT The City of Fort Collins will be responsible for the purchase of all computer lab equipment, exercise equipment. This activity will be coordinated with the design/build team in order to locate the necessary services for the equipment. VIII. ENVIRONMENTAL WORK All environmental work relative to the subject property and completed as remediation to the EPA Superfund site will be completed by approximately May 2005. This work will not impact the design/build contract. However, the City of Fort Collins will be responsible for any environmental work associated with the design/build project for the new Northside Aztlan Center specifically, and will contract directly with an environmental consultant as needed. The design/build team will be required to “coordinate” their work with that of the City’s environmental consultant should the need for environmental work be required. 13 CHAPTER 5 – QUALIFICATION REQUIREMENTS Only Teams that have the requisite experience and qualifications are encouraged to submit proposals. I. DESIGN/BUILD PROJECTS OF RECREATIONAL FACILITIES Provide a brief project description and history for design/build projects, similar in scope to this project, completed in the last 5 years. Include the following information: a. Project description that includes the project name, firms that comprised the design/build team, occupancy type (UBC), construction type (UBC), gross square footage, major structural system(s), and HVAC system. b. Project history that includes the original schedule agreed upon at the time of signing the contract, the actual duration of design and construction, and any special characteristics of the project. c. Project budget information that includes the cost at the time of signing the contract, and the final cost. d. Methodology for controlling project cost and schedule for each phase of the project. e. Names, addresses and telephone numbers of project owners. II. FINANCIAL CAPABILITY Applicants must have the financial capacity to absorb project start-up costs, as well as to maintain the day-to-day working financial aspects of the organizational structure. Provide the following information: a. Bonding company. Provide the name, address and phone number of the firm’s bonding agent. Provide a letter from the bonding agent indicating the firm’s bonding capacity is adequate ($8,100,000) to undertake this work. b. Identify project financial arrangements. c. Any pending or outstanding claims or judgments. d. References from banking and credit institutions with which business has been conducted. e. Insurance company. Provide the name, address and phone number of the firm’s insurance agent(s). Provide certificate of insurance outlining coverage and policy limits. Can this coverage be extended for work on this project? Can coverage be increased? Can City and Engineer be listed as an additional insured? Are there any current claims that will affect coverage limits available to the City for this project? f. Financial statement. Provide a recent financial statement (audited if possible) including balance sheet and income statement showing: • Current assets • Other assets • Current liabilities • Other liabilities • Fixed assets and equipment g. Banking reference. Provide the name, address and phone number of the firm’s banking reference. 14 III. MANAGEMENT EXPERIENCE AND CAPABILITY Applicants must have strong project team leadership capability and relevant management experience, for both the design and the construction services. Provide information on: a. Recent (within the past 5 years) examples of management of projects that required management organization, skills, and expertise, similar to those required by this project. b. Approaches used to cut costs when estimated costs exceed the budget. IV. EXPERIENCE WITH SUSTAINABLE DESIGN State the team’s commitment to and experience with whole-building performance and sustainable design. List projects completed within the past 5 years that feature workable, cost-effective, low energy, and sustainable design strategies. Include: a. Design team organization used for these projects. b. Description of the process used to reach final design. c. Description of the low energy, sustainable design features of each project. d. Descriptions of energy analysis technique(s) used. e. Information on commissioning and actual performance of the listed projects. f. Names, addresses and telephone numbers of project owners. V. TEAM MEMBER EXPERIENCE Describe the level of participation in the projects listed above by key staff proposed for this project. Provide information regarding each team member’s professional licensure. Provide information regarding recent team member experience with the City of Fort Collins’ development review process, including the procedures and requirements necessary under the current Land Use Code of the City of Fort Collins “City Plan”. VI. TEAM BUILDING Describe any experience by the team or key staff on the team with similar owner/design/ build teams. Describe the firm’s experience with team building, either formal or informal. Highlight any team building experience by key staff proposed for the project. Provide references for cited experience. Describe any experience by the firm or key staff with similar owner/engineer/contractor teams. Highlight any team building experience by key staff proposed for this project. Provide references for cited experience. Address in this section all projects completed in the last five years on a negotiated contract basis and give details and references. VII. UNIQUE CAPABILITIES Describe any unique capabilities/experience the proposed key staff will bring to this project. How will their experience benefit this project? VIII. SAFETY RECORD Provide the firm’s OSHA reportable accident rate and current workman’s compensation insurance multiplier for the last 3 years. Outline your company’s safety program and any additional information that would be useful in showing your approach to a safe work site. Unsafe conditions with respect to the public, owner, engineer, and contractor are not an option. IX. SUBCONTRACTORS Based on the description of the work in this request, describe subcontractors that you have working relationships with that might be used on these projects. X. AGREEMENT COMMENTS Design Build team is expected to sign the agreement. Any exceptions to the agreement must be stated with your submission of qualifications for this project. The City makes no guarantees it will change the agreement but will consider the exceptions. 15 CHAPTER 6 – PROPOSAL EVALUATION CRITERIA I. PROCUREMENT PROCESS This is a two-step procurement process. Firms will be judged on the following rating criteria. II. STEP 1 EVAULATION Proposals will be evaluated on the following criteria. These criteria will be the basis for review of the preliminary written proposal. The rating scale is from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. No schematic plans for this project will be considered in Step 1. The selection committee will evaluate the submitting teams’ qualifications only, NOT specific architectural proposals. Weighting Factor Criteria Standard 4.0 Team Capability/ Experience Does the design/build team have the capability and experience to design and construct a project of this type and scope? Does the team have the skills to successfully manage the development review process? Has the team demonstrated, through previous work, the creativity, technical competence and project excellence to design and construct an exceptional community recreation facility? 2.0 Assigned Personnel Has the team identified the personnel that will work on the project? Are sufficient people of the requisite skill assigned to the project? 1.0 Schedule/Availability Can the target completion date be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of the services? 1.0 Motivation Does the team demonstrate the interest and motivation to perform the work in the required time frame? 1.0 Sustainable Design Has the team completed LEED design work? 1.0 Safety Record Has the team previously performed, meeting all safety requirements? OSHA Illness/Injury Rate, OSHA Lost Work Day Incidence Rate and Workman’s Comp Experience Modification Rate Insurance multiplier. 16 III. STEP II EVAULATION The three Design/Build Teams that are selected to proceed to the design and costing process will also be evaluated by the following criteria on the written proposal information at the oral interviews. The rating scale will be from 1 to 5, with 1 being a poor rating, and 5 being an outstanding rating. Weighting Factor Criteria Standard 5.0 Scope of Proposal Does the proposal show an understanding of the scope of the project, methodology to be used in the design and construction phases and the results that are desired from the project? 4.0 Guaranteed Maximum Price (GMP) and Cost Factors for Design/Build Project Do the proposed construction cost factors compare favorably with industry standards and other firms’ construction cost factors? Are the proposed design/build costs reasonable and competitive? 2.0 Construction Performance Do the referenced projects reflect favorably in respect to completion within the contract schedule, cost and number of change orders and claims? 2.0 Assigned Project Team Does the proposed team have the necessary skills and experience to fulfill the requirements of the project? Is the key staff available to doe the work? 1.0 Firm Experience Design/Build Has the firm worked on projects similar in scope to this project? Has partnering been used as a basis in design and construction of other projects? Was this work of high quality in nature? 1.0 Motivation Has the firm shown an interest in work and a commitment to the successful completion of the project? IV. EVALUATION COMMITTEE The same panel will evaluate each proposal. The panel will be comprised of the following representatives. Two representatives from the Recreation Service area, two representatives from Administrative Services, one from the Purchasing Staff, the City’s PMPD Project Manager, and one representative from outside the City organization, for a total of (7) seven. Proposers will prepare and submit seven complete proposals. Panel member evaluation scores, rankings, results and comments will remain confidential. 17 V. REFERENCE EVALUATION (TOP RANKED TEAM) The Project Manager will check references of the top ranked firms using the following criteria. The evaluation will be labeled Satisfactory/Unsatisfactory. Qualification Standard Overall Performance Would you hire this designer or builder again? Did they have the skills required by the project? Timetable Was the original scope of work completed within the specified time? Were interim deadlines met in a timely manner? Professionalism Was the professional responsive to client needs? Did the professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original scope of work completed within the project budget? Quality Was the project functional upon completion and did it operate properly? Did the project meet or exceed the client objectives and needs? 18 CHAPTER 7 – EXAMPLE AGREEMENT THIS AGREEMENT is dated of the _______day of _______________, 200_ by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter called OWNER) and _______________________________, a [fill in entity form and state of formation] (hereinafter called DESIGN/BUILDER). OWNER AND DESIGN/BUILDER, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1.01 DESIGN/BUILDER shall complete all Work as specified or indicated in the Owner- Design/Builder Contract Documents, as set forth in Section 12.01. The Work is generally described as follows: design and construction of a _________________ located ___________________________________. Article 2. THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as the design and construction of a ____________________________________________________________________________. Article 3. CONTRACT TIMES 3.01 Days to Achieve Substantial Completion and Final Payment The Work will be substantially completed within ____ days after the date when the Contract Times commence to run as provided in paragraph 2.02.A of the General Conditions and completed and ready for final payment in accordance with paragraph 13.08 of the General Conditions within ____ days after the date when the Contract Times commence to run. 3.02 Liquidated Damages A. DESIGN/BUILDER and OWNER recognize that time is of the essence of the Agreement and the OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.01 above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expenses and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and DESIGN/BUILDER agree that as liquidated damages for delay (but not as a penalty) DESIGN/BUILDER shall pay OWNER ____ Thousand Dollars ($_,000.00) for each day that expires after the time specified in paragraph 3.01 for Substantial Completion until the Work is substantially complete. Article 4. CONTRACT PRICE 4.01 OWNER shall pay DESIGN/BUILDER for completion of the Work in accordance with the Contract Documents a sum equal to the Cost of the Work plus a DESIGN/BUILDER’s Fee for overhead and profit, both of which shall be determined as provided below. 19 Article 5. COST OF THE WORK 5.01 Cost of the Work shall be determined as provided in paragraphs 10.01.A and B of the General Conditions, but, in addition to any limitations therein set forth, it shall not include costs in excess of any Guaranteed Maximum Contract Price as set forth in Article 7 hereof. Article 6. DESIGN/BUILDER’S FEE 6.01 The DESIGN/BUILDER’s Fee shall be determined as follows: A. A fixed fee of $________________which shall be subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. B. No fee shall be paid for costs listed in paragraph 10.01.B of the General Conditions. C. DESIGN/BUILDER guarantees that the maximum amount payable by OWNER in accordance with this paragraph 6.01 as a percentage fee will not exceed $___________ subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. Article 7. GUARANTEED MAXIMUM PRICE 7.01 DESIGN/BUILDER guarantees that the maximum obligation of OWNER for the sum of the Cost of the Work plus the DESIGN/BUILDER’s Fee will not exceed $____________ (the “GMP”) subject to increases or decreases for changes in the Work. Any unused contingency shall be shared as provided in Paragraph 7.02. 7.02 In the event that the Cost of the Work plus the DESIGN/BUILDER’s Fee shall be less than the GMP, as adjusted by Change Orders, the resulting Savings shall be shared by the OWNER and the DESIGN/BUILDER as follows: A. OWNER shall be entitled to Seventy-five percent (75%) of the Savings; B. DESIGN/BUILDER shall be entitled to Twenty-five percent (25%) of the Savings, at the time of Final Payment. Article 8. CHANGES IN THE WORK 8.01 The amount of any increases or decreases in the DESIGN/BUILDER’s Fee or in any Guaranteed Maximum Price or Fee which results from a Change Order shall be set forth in the applicable Change Order subject to the following: A. Any increase or decrease in the DESIGN/BUILDER’s Fee resulting from net additions or decreases in the Cost of the Work shall be determined in accordance with paragraph 11.01.C of the General Conditions. 20 B. In the case of net additions or deletions in the Work, the amount of any increase or decrease in the Guaranteed Maximum Price shall be determined in accordance with paragraph 10.01 of the General Conditions. Article 9. PAYMENT PROCEDURES 9.01 DESIGN/BUILDER shall submit and OWNER will process Applications for Payment in accordance with Article 13 of the General Conditions. Applications for Payment will indicate the amount of the DESIGN/BUILDER’s Fee then payable. A. Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of DESIGN/BUILDER’s Applications for Payment, on or about the 15th day of each month during performance of the Work as provided in paragraphs 9.01.A.1 and A.2 below. All such payments will be subject to the limitations of any Guaranteed Maximum Price or DESIGN/BUILDER’s Fee and will be measured by the acceptable Schedule of Values established in paragraph 2.06 of the General Conditions (and in the case of Unit Price Work based on the number of units completed). 1. For Cost of Work: Progress payments on account of the Cost of the Work will be made as follows: a. Prior to Substantial Completion, in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as OWNER may withhold in accordance with paragraph 13.03.B of the General Conditions. (1) 90 percent of Cost of the Work completed (with the balance being retainage). If the Work has been 50% completed as determined by OWNER, and if the character and progress of the Work have been satisfactory to OWNER, OWNER may determine that as long as the character and progress of the Work remain satisfactory, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. (2) 90 percent of (with the balance being retainage) of the cost of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 13.02.A of the General Conditions). b. Upon Substantial Completion, in an amount sufficient to increase total payments to DESIGN/BUILDER to 95 percent of the Contract Price (with the balance being retainage), less such amounts as OWNER shall determine that OWNER may withhold, in accordance with paragraph 13.03.B of the General Conditions. 21 2. For DESIGN/BUILDER’s Fee: Progress payments on account of the DESIGN/BUILDER’s Fee will be made as follows: a. Payments prior to Substantial Completion will be in an amount equal to 90 percent of such Fee earned to the date of the approved Application for Payment (less in each case payments previously made on account of such fee) based on the progress of the Work measured by the Schedule of Values established as provided in paragraph 2.06.A of the General Conditions (and in the case of Unit Price Work on the number of units completed) and upon Substantial Completion in an amount sufficient to increase total payments to DESIGN/BUILDER on account of that fee to 95 percent of the DESIGN/BUILDER’s Fee. B. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 13.08 of the General Conditions and statutorily required procedures as set forth in Section 16.05.A of the General Conditions, OWNER shall pay remainder of the Contract Price. Article 10. DESIGN/BUILDER’S REPRESENTATIONS 10.01. DESIGN/BUILDER makes the following representations: A. DESIGN/BUILDER has examined and carefully studied the Contract Documents (including the Addenda) listed in paragraphs 12.01.A through J but excluding the documents described in paragraph 12.01.K and the other related data identified in the Request for Proposals. B. DESIGN/BUILDER has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work. C. DESIGN/BUILDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. D. DESIGN/BUILDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site which have been made available by OWNER. E. DESIGN/BUILDER is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. F. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. G. DESIGN/BUILDER has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies that DESIGN/BUILDER has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, and the 22 Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 11. ACCOUNTING RECORDS 11.0 DESIGN/BUILDER shall keep such full and detailed accounts as may be necessary for proper financial management under the Contract Documents with respect to all materials, equipment and labor entering into the Work. The accounting methods shall be satisfactory to OWNER. OWNER shall be afforded reasonable access to all of DESIGN/BUILDER’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to the Cost of Work and DESIGN/BUILDER’s Fee. DESIGN/BUILDER shall preserve all such documents for a period of three years after final payment by OWNER. Article 12. CONTRACT DOCUMENTS 12.01 The Contract Documents which comprise the entire agreement between OWNER and DESIGN/BUILDER concerning the Work consist of the following: A. This Agreement (pages 1 to ______, inclusive). B. Exhibits to this Agreement (pages _______ to _______, inclusive). C. OWNER’s Request for Proposal No. P-___, along with Conceptual Documents identified therein. D. DESIGN/BUILDER’s Proposal in Response to OWNER’s Request for Proposal No. P-___. E. Notices to Proceed. F. Performance, payment, and other Bonds, identified as Section 00600 ____ and consisting of ______pages. G. Standard General Conditions of the Contract Between Owner and Design/Builder (pages one to thirty-four, inclusive). H. Supplementary Conditions (pages ______ to _______, inclusive). I. Addenda numbers ______ through ______ inclusive. J. Other Documentation submitted by DESIGN/BUILDER prior to Notice of Award (pages _______ to _______, inclusive). K. The following, which may be delivered, prepared or issued after the Effective Date of this Agreement and are not attached hereto: 23 1. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04.A of the General Conditions. 2. Specifications as defined in Paragraph 1.01.A.40 of the General Conditions. 3. Drawings as defined in Paragraph 1.01.A.18 of the General Conditions. 12.02 The documents listed in paragraph 12.01 above are attached to this Agreement (except as otherwise expressly noted). 12.03 There are no Contract Documents other than those listed above in this Article 12. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04.A of the General Conditions. 12.04 In the case of any irreconcilable ambiguity, inconsistency or conflict between DESIGN/BUILDER’s Proposal (Section 12.01.D) and the Request for Proposal (Section 12.01.C), the terms of the Proposal shall be controlling. In the case of any irreconcilable ambiguity, inconsistency or conflict among the Contract Documents listed in Section 12.01, the documents listed in Section 12.01.K shall govern, and in the case of any irreconcilable ambiguity, inconsistency or conflict among the documents listed in Section 12.01.K, the documents listed in Sections 12.01.K.1, Section 12.01.K.2, and Section 12.01.K.3 shall take precedence, in the order herein listed. Article 13. MISCELLANEOUS 13.01 The Standard General Conditions of the Contract Between Owner and Design/Builder are referred to herein as the General Conditions. 13.02. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated therein. 13.03 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 without limitation, 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 the assignor from any duty or responsibility under the Contract Documents. 13.04 OWNER and DESIGN/BUILDER 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, agreements and obligations contained in the Contract Documents. 13.05. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and DESIGN/BUILDER, who agree that the Contract 1 Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 13.06 The Contract Documents shall constitute public records under the Colorado Public Records Act, and shall be available for public review upon request, except for the Audited Financial Statement of DESIGN/BUILDER included in DESIGN/BUILDER’S Proposal. IN WITNESS WHEREOF, OWNER and DESIGN/BUILDER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and DESIGN/BUILDER. All portions of the Contract Documents have been signed, initiated or identified by OWNER and DESIGN/BUILDER. This Agreement will be effective on ________________________, 200_. 2 OWNER: CITY OF FORT COLLINS DESIGN/BUILDER: __________________ By: _______________________________ ____________________________________ Darin Atteberry City Manager By: ______________________________ By:_________________________________ James B. O’Neill II, CPPO, FNIGP Name:__________________________ Director of Purchasing and Risk Management Title:___________________________ Date: _____________________________ Date: _______________________________ [CORPORATE SEAL] ATTEST: ATTEST: __________________________________ ____________________________________ City Clerk Address for giving notices: Address for giving notices: PO Box 580 Fort Collins, CO 80522 APPROVED AS TO FORM: License No. Assistant City Attorney (If DESIGN/BUILDER is a corporation, attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: ___________________________ Name:______________________________ Title: ______________________________ Title: _______________________________ Address: ___________________________ Address: ____________________________ Phone: _____________________________ Phone: _____________________________ Facsimile: __________________________ Facsimile: ___________________________ 3 00410 Proposal Bond 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 7/96 Section 00410 Page 1 SECTION 00410 PROPOSAL 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 Proposal and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, ******************************************************** ****************************************************************. NOW THEREFORE, (a) If said Proposal shall be rejected, or (b) If said Proposal 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 Proposal) 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 Proposal, 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 Proposal; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 2 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 SURETY Name:_____________________________ __________________________________ Address:__________________________ __________________________________ __________________________________ __________________________________ By:_______________________________ By: ______________________________ Title: ___________________________ Title:____________________________ ATTEST: By:_______________________________ (SEAL) (SEAL) 7/96 Section 00610 Page 1 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20__, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, . NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 2 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this day of , 20__. IN PRESENCE OF: Principal ______________________________ ________________________________________ ______________________________ ________________________________________ (Title) ________________________________________ (Address) (Corporate Seal) IN PRESENCE OF: Other Partners _____________________________ By:_____________________________________ _____________________________ By:_____________________________________ IN PRESENCE OF: Surety _____________________________ By:_____________________________________ _____________________________ By:_____________________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 1 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20__, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, . NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 Page 2 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this day of , 20__. IN PRESENCE OF: Principal ______________________________ By:___________________________________ ______________________________ ______________________________________ (Title) ______________________________________ (Address) (Corporate Seal) IN PRESENCE OF: Other Partners ______________________________ ______________________________________ ______________________________ ______________________________________ IN PRESENCE OF: Surety ______________________________ By:___________________________________ ______________________________ By:___________________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00630 Page 1 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00635 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: ______________________________ ________________________________________ ________________________________________ ________________________________________ PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins ____________________________ ____________________________ CONTRACTOR: _____________________________ ____________________________ CONTRACT DATE:________________________________ The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. _________________________________ __________________________________ ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. ________________________________ By: ___________________________________ CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: ___________________________________ OWNER AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00640 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20__ TO: Gentlemen: You are hereby notified that on the day of , 20__, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project,________________________________. 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 . In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: . Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00650 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from 7/96 Section 00650 Page 2 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. Signed this day of , 20__. CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20__, by Witness my hand and official seal. My Commission Expires: . Notary Public 7/96 Section 00670 Page 1 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , ____ . (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. Section 00670 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Section 00670 Page 2 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. City of Fort Collins changes to this document are shown by underlining text that has been added and striking through text that has been deleted. STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ___________________ AMERICAN COUNCIL OF ENGINEERING COMPANIES ___________________ AMERICAN SOCIETY OF CIVIL ENGINEERS EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with either one of the two Agreements between Owner and Design/Builder (Nos. D-520 and D-525, 2002 Editions) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated and a change in one may necessitate a change in the others. The suggested language and instructions contained in the Guide to Use of EJCDC Design/Build Documents (No. D-001, 2002 Edition) is also carefully interrelated with the language of these General Conditions. The Guide also contains comments concerning the use of the General Conditions. Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 TABLE OF CONTENTS Page ARTICLE 1 – DEFINITIONS AND TERMINOLOGY ....................................................................................................................1 1.01 Defined Terms .......................................................................................................................................................................1 1.02 Terminology...........................................................................................................................................................................3 ARTICLE 2 – PRELIMINARY MATTERS......................................................................................................................................4 2.01 Delivery of Bonds..................................................................................................................................................................4 2.02 Commencement of Contract Times; Notice to Proceed.........................................................................................................4 2.03 Starting the Work...................................................................................................................................................................4 2.04 Before Starting the Work .......................................................................................................................................................4 2.05 Initial Conference...................................................................................................................................................................4 2.06 Initial Acceptance of Schedules.............................................................................................................................................5 ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE..............................................................................5 3.01 Intent ......................................................................................................................................................................................5 3.02 Reference Standards...............................................................................................................................................................5 3.03 Resolving Discrepancies........................................................................................................................................................5 3.04 Amending and Supplementing Contract Documents .............................................................................................................6 3.05 Reuse of Documents Use of Design Materials.......................................................................................................................6 3.06 Electronic Data.......................................................................................................................................................................7 ARTICLE 4 – AVAILABILITY OF LANDS; DIFFERING SITE SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS; HAZARDOUS ENVIRONMENTAL CONDITIONS ...............................................................................7 4.01 Availability of Lands .............................................................................................................................................................7 4.02 Differing Site Conditions Subsurface and Physical Conditions.............................................................................................7 4.03 Reference Points ....................................................................................................................................................................9 4.04 Hazardous Environmental Condition at Site Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material.......10 ARTICLE 5 – BONDS AND INSURANCE....................................................................................................................................10 5.01 Performance, Payment and Other Bonds .............................................................................................................................11 5.02 Licensed Sureties and Insurers.............................................................................................................................................11 5.03 Certificates of Insurance ......................................................................................................................................................11 5.04 Design/Builder's Liability Insurance....................................................................................................................................11 5.05 Owner's Liability Insurance .................................................................................................................................................12 5.06 Property Builders Risk Insurance.........................................................................................................................................12 5.07 Waiver of Rights..................................................................................................................................................................13 5.08 Receipt and Application of Insurance Proceeds...................................................................................................................14 5.09 Acceptance of Bonds and Insurance; Option to Replace .....................................................................................................14 5.10 Partial Utilization, Acknowledgment of Property Insurance ...............................................................................................14 ARTICLE 6 – DESIGN/BUILDER'S RESPONSIBILITIES...........................................................................................................14 6.01 Design Professional Services ...............................................................................................................................................14 6.02 Supervision and Superintendence of Construction ..............................................................................................................15 6.03 Labor, Working Hours .........................................................................................................................................................15 6.04 Services, Materials, and Equipment.....................................................................................................................................15 6.05 Progress Schedule ................................................................................................................................................................16 6.06 Concerning Subcontractors, Suppliers and Others...............................................................................................................16 6.07 Patent Fees and Royalties ....................................................................................................................................................16 6.08 Permits .................................................................................................................................................................................17 6.09 Laws or Regulations ............................................................................................................................................................17 6.10 Taxes....................................................................................................................................................................................17 6.11 Use of Site and Other Areas.................................................................................................................................................17 6.12 Record Documents...............................................................................................................................................................18 6.13 Safety and Protection ...........................................................................................................................................................18 6.14 Safety Representative...........................................................................................................................................................18 6.15 Hazard Communication Programs .......................................................................................................................................18 6.16 Emergencies.........................................................................................................................................................................18 6.17 Submittals ............................................................................................................................................................................19 6.18 Continuing the Work............................................................................................................................................................19 6.19 Post-Construction Phase ......................................................................................................................................................19 6.20 Design/Builder's General Warranty and Guarantee .............................................................................................................19 6.21 Indemnification....................................................................................................................................................................19 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 ARTICLE 7 – OTHER CONSTRUCTION......................................................................................................................................20 7.01 Related Work at Site ............................................................................................................................................................20 7.02 Coordination ........................................................................................................................................................................21 ARTICLE 8 – OWNER'S RESPONSIBILITIES .............................................................................................................................21 8.01 General.................................................................................................................................................................................21 8.02 Insurance..............................................................................................................................................................................21 8.03 Limitations on Owner's Responsibilities..............................................................................................................................21 8.04 Undisclosed Hazardous Environmental Condition ..............................................................................................................22 8.05 Resident Project Representation ..........................................................................................................................................22 8.06 Owner's Consultant ..............................................................................................................................................................22 ARTICLE 9 – CHANGES IN THE WORK; CLAIMS....................................................................................................................22 9.01 Authorized Changes in the Work.........................................................................................................................................22 9.02 Unauthorized Changes in the Work .....................................................................................................................................22 9.03 Claims ..................................................................................................................................................................................22 9.04 Execution of Change Orders ................................................................................................................................................22 9.05 Notice to Sureties.................................................................................................................................................................22 9.06 Effect of Change Orders ......................................................................................................................................................23 ARTICLE 10 – COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK.............................................................23 10.01 Cost of the Work................................................................................................................................................................23 10.02 Cash Allowances................................................................................................................................................................25 10.03 Unit Prices..........................................................................................................................................................................25 ARTICLE 11 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ...........................................................25 11.01 Change of Contract Price ...................................................................................................................................................25 11.02 Change of Contract Times .................................................................................................................................................26 ARTICLE 12 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION OR WORK........................................................................................................................................................27 12.01 Notice of Defects ...............................................................................................................................................................27 12.02 Access to Construction.......................................................................................................................................................27 12.03 Tests and Inspections .........................................................................................................................................................27 12.04 Uncovering Construction ...................................................................................................................................................27 12.05 Owner May Stop Construction or Work ............................................................................................................................28 12.06 Correction or Removal of Defective Construction or Work ..............................................................................................28 12.07 Correction Period ...............................................................................................................................................................28 12.08 Acceptance of Defective Construction...............................................................................................................................28 12.09 Owner May Correct Defective Construction or Work .......................................................................................................28 12.10 No Limitation.....................................................................................................................................................................29 ARTICLE 13 – PAYMENTS TO DESIGN/BUILDER AND COMPLETION...............................................................................29 13.01 Schedule of Values ............................................................................................................................................................29 13.02 Application for Progress Payment .....................................................................................................................................29 13.03 Review of Applications for Progress Payments.................................................................................................................29 13.04 Design/Builder's Warranty of Title ....................................................................................................................................30 13.05 Substantial Completion......................................................................................................................................................30 13.06 Partial Utilization...............................................................................................................................................................30 13.07 Final Inspection..................................................................................................................................................................31 13.08 Final Payment ....................................................................................................................................................................31 13.09 Final Completion Delayed .................................................................................................................................................31 13.10 Waiver of Claims ...............................................................................................................................................................32 ARTICLE 14 – SUSPENSION OF WORK AND TERMINATION ...............................................................................................32 14.01 Owner May Suspend Work................................................................................................................................................32 14.02 Owner May Terminate for Cause.......................................................................................................................................32 14.03 Owner May Terminate for Convenience............................................................................................................................32 14.04 Design/Builder May Stop Work or Terminate...................................................................................................................33 ARTICLE 15 – DISPUTE RESOLUTION ......................................................................................................................................33 ARTICLE 16 – MISCELLANEOUS ...............................................................................................................................................33 16.01 Giving Notice.....................................................................................................................................................................33 16.02 Computation of Times .......................................................................................................................................................33 16.03 Cumulative Remedies ........................................................................................................................................................33 16.04 Survival of Obligations ......................................................................................................................................................34 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 1 STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1. Addenda – Written or graphic instruments issued prior to the opening of Proposals which clarify, correct or change the Request for Proposals or the Contract Documents. 2. Agreement – The written instrument which is evidence of the agreement between Owner and Design/Builder covering the Work. 3. Application for Payment – The form which is to be used by Design/Builder in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos – Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bonds – Performance and payment bonds and other instruments of security. 6. Change Order – A written order which is signed by Design/Builder and Owner which authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 7. Claim – A demand or assertion by Owner or Design/Builder seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a claim. 8. Conceptual Documents – The drawings and specifications and/or other graphic or written materials, criteria and information concerning Owner's requirements for the Project, such as design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, including those items enumerated in the Request for Proposals which show or describe the character and scope of, or relate to, the Work to be performed or furnished and which have been prepared by or for Owner. 9. Construction – The result of performing or furnishing of labor, the furnishing and incorporating of materials and equipment into the Work and the furnishing of services (other than Design Professional Services) and documents, all as required by the Contract Documents. 10. Construction Subagreement – A written agreement between Design/Builder and a construction Subcontractor for provision of Construction. 11. Contract – The entire and integrated written EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 2 16. Design Subagreement – A written agreement between Design/Builder and a design professional for provision of Design Professional Services. 17. Design Professional Services – Services related to the preparation of Drawings, Specifications, and other design submittals specified by the Contract Documents and required to be performed by licensed design professionals, as well as other services provided by or for licensed design professionals during Bidding/Negotiating, Construction, or Operational phases. 18. Drawings – Those portions of the Contract Documents prepared by or for Design/Builder and approved by Owner consisting of drawings, diagrams, illustrations, schedules and other data which show the scope, extent, and character of the Work. 19. Effective Date of the Agreement – The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 20. Field Order – A written order issued by Owner which orders minor changes in the Work in accordance with Article 9 – Changes in the Work; Claims, but which does not involve a change in the Contract Price or the Contract Times. 21. Hazardous Environmental Condition – The presence at the Site of Asbestos, Hazardous Waste, PCB's, Petroleum Products or Radioactive Materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto on connection with the Work. 22. Hazardous Waste – The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 23. Laws or Regulations – Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 23a. Legal Holidays – Those holidays observed by the City of Fort Collins. 24. Liens – Charges, security interests or encum- brances upon real property or personal property. 25. Milestone – A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 26. Notice of Award – The written notice by Owner to the successful proposer stating that upon compliance by the successful proposer with the conditions precedent included therein, within the time specified, Owner will sign and deliver the Agreement. 27. Notice to Proceed – A written notice given by Owner to Design/Builder fixing the date on which the Contract Times will commence to run and on which Design/Builder shall start to perform the Work. 28. Owner – The individual or entity with whom EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 3 objectives and the procedure to be followed in preparing and submitting a Proposal and awarding a contract. 37. Resident Project Representative – The authorized representative of Owner who may be assigned to the Site or any part thereof. 37a. Samples – Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work shall be judged. 38. Schedule of Values – A schedule prepared by Design/Builder and acceptable to Owner indicating that portion of the Contract Price to be paid for each major component of the Work. 38a. Shop Drawings – All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for Design/Builder and submitted by Design/Builder to illustrate some portion of the Work. 39. Site – Lands or other areas designated in the Contract Documents as being furnished by Owner upon which Construction is to be performed, including rights-of- way and easements for access thereto, and such other lands furnished by Owner which are designated for use of Design/Builder. 40. Specifications – The part of the Contract Documents prepared by or for Design/Builder and approved by Owner consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 41. Subcontractor – An individual or entity other than a Supplier having a direct contract with Design/Builder or with any other Subcontractor for the performance of a part of the Work. 42. Submittal – A written or graphic document prepared by or for Design/Builder which is required by the Contract Documents to be submitted to Owner by Design/Builder. Submittals may include Drawings, Specifications, progress schedules, shop drawings, samples, cash flow projections, and Schedules of Values. Submittals other than Drawings and Specifications are not Contract Documents. 43. Substantial Completion – The time at which the Work (or a specified part) has progressed to the point where it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions – The part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier – A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with Design/Builder or with any Subcontractor to furnish EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 4 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 Owner's final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion) provided that the defect was not caused by Owner. 3. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 4 . The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials or equipment or equipment complete and ready for intended use. 5. The words “perform” or “provide” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 6. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Design/Builder, “provide” is implied. 7. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with that meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When Design/Builder delivers the executed Agreements to Owner, Design/Builder shall also deliver to Owner such Bonds as Design/Builder may be required to furnish in accordance with paragraph 5.01.A. 2.02 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. Unless agreed to in writing by Owner and Design/Builder, the Contract Times will commence to run no later than the ninetieth day after the last day for receipt of the Proposal or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.03 Starting the Work A. Design/Builder shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.04 Before Starting the Work A. Design/Builder's Review of Contract Documents: Before undertaking each part of the Work, Design/Builder shall carefully study and compare those Contract Documents EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 5 C. Evidence of Insurance: Before any Work at the Site is started, Design/Builder and Owner shall each deliver to the other, certificates of insurance as required by paragraph 5.03 which Design/Builder and Owner respectively are required to purchase and maintain in accordance with Article 5. shall deliver to Owner certificates of insurance (and other evidence of insurance requested by Owner) which Design/Builder is required to purchase and maintain in accordance with Article 5 – Bonds and Insurance. 2.05 Initial Conference A. Within twenty days after the Contract Times start to run, Design/Builder will arrange a conference attended by Owner and Design/Builder and others as appropriate to establish a working understanding among the parties as to the Work and to discuss the design concepts, schedules referred to in paragraph 2.04.B, procedures for handling Submittals, processing Applications for Payment, maintaining required records, items required pursuant to paragraph 8.01.A.6 and other matters. 2.06 Initial Acceptance of Schedules A. At least ten days before submission of the first Application for Payment (unless otherwise provided in the Contract Documents), Design/Builder will arrange a conference attended by Design/Builder, Owner and others as appropriate to review for acceptability the schedules submitted in accordance with paragraph 2.04.B. Unless otherwise provided in the Contract Documents, before any work at the site begins, a conference attended by Design/Builder, Owner’s Representative and others as designated by Owner will be held to review for acceptability to Owner as provided herein the schedules submitted in accordance with paragraph 2.04.B. Design/Builder shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Design/Builder until the acceptable schedules are submitted to Owner. 1. The progress schedule will be acceptable to Owner if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on Owner responsibility for the progress schedule, for sequencing, scheduling or progress of the Work nor interfere with nor relieve Design/Builder from Design/Builder's full responsibility therefor. 2. Design/Builder's schedule of Submittals will be acceptable to Owner if it provides a workable arrangement for reviewing and processing the required Submittals. 3. Design/Builder's Schedule of Values will be acceptable to Owner as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the work. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 6 2. No provision of any such standard, specification, manual, code, or instruction of a Supplier shall be effective to change the duties and responsibilities of Owner, Design/Builder, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Owner 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 the Contract Documents. 3.03 Resolving Discrepancies A. In the event of a discrepancy between the Conceptual Documents on the one hand and the Proposal or Drawings or Specifications on the other hand, the Conceptual Documents will control except when Owner has approved a Submittal pursuant to paragraph 6.17.B. B. Except as otherwise specifically stated in the Contract Documents, 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: 1. The provisions of any such standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. The provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3. In the event of conflicting or ambiguous provisions within the Contract Documents, specifications will take precedence over the drawings and addenda will take precedence over both. Notwithstanding the foregoing, the more specific provision will take precedence over the less specific; the more stringent will take precedence over the less stringent; the more expensive item will take precedence over the less expensive. On all drawings, figures take precedence over scaled dimensions. Scaling of dimensions, if done, is done at the Design/Builder’s own risk. C. If, during the performance of the Work, Design/Builder discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 3.03.B, Design/Builder shall report it to Owner in writing at once, and Design/Builder shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.16) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04.A; provided, however, that Design/Builder shall not be liable to EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 7 Project a royalty-free license to any such Design materials as to which the Design/Builder may assert any rights under the patent or copyright laws. The Design/Builder hereby assigns outright and exclusively to the Owner all copyrights in the design appearance of the Project. The Design/Builder, as part of its agreements with any Subcontractor or consultant, will secure such license and use rights from each such entity, and shall defend, indemnify and hold the Owner and any successors or assigns harmless from any claims by such entities for copyright or patent infringement. B. The Drawings, Specifications and other documents prepared for this Project are for use solely with respect to this Project and the author of these documents, consistent with Owner’s ownership of the design, shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Drawings, Specifications and other documents for information and reference in connection with the Owner’s use and occupancy of the Project. The Drawings, Specifications or other documents shall not be used by the Owner or others on other projects. Submission or distribution of documents to meet official regulatory requirements or for other similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved herein. C. Subject to Owner’s remedies for a default, the Owner shall release the Design/Builder, its Subcontractors, consultants, and their respective agents and employees from all Owner’s claims, liabilities, demands, actions, costs and expenses (including reasonable attorney’s and expert’s fees and costs) (a) arising from any use by the Owner, its successors or assigns of such Design Materials if the Design/Build Agreement is terminated by the Owner prior to Substantial Completion of the Work, or (b) arising as a result of amendments or modifications of any such Design Materials made without the prior consent of Design/Builder, and which do not result from errors, omissions or negligence in the Design Materials supplied hereunder. D. Upon conclusion of the Project and before final payment, Design/Builder shall provide Owner with reproducible drawings and electronic computer files of the Project containing accurate information on the Project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non-fading process proven suitable for long-term storage and high-quality reproduction. Electronic computer files shall be in AutoCAD Version 13 format. 3.06 Electronic Data A. Copies of data furnished by Owner to Design/Builder or Design/Builder to Owner that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 8 A. Design/Builder shall promptly, and before the conditions are disturbed, give a written notice to Owner of (i) subsurface or latent physical conditions at the Site which differ materially from those indicated in the Contract Documents, or (ii) unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character called for by the Contract Documents. B. Owner will investigate the Site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Design/Builder's cost of, or the time required for, performing any part of the Work, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the Contract Price or Times modified in writing by Change Order in accordance with Article 9. C. No request by Design/Builder for an equitable adjustment under paragraph 4.02 shall be allowed unless Design/Builder has given the written notice required; provided that the time prescribed in 9.03.A for giving written notice may be extended by Owner. D. The provisions of this paragraph 4.02 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. A. Reports and Drawings: Refer to these Supplementary Conditions for identification of: 1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by Owner in preparing the Contract Documents, including the following: See Section 00800 Supplementary Conditions __________________________________________. Design/Builder may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretation or opinions contained therein or upon the completeness of any information in the report. 2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by OWNER in preparing the Contract Documents. a. No drawings of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.02.G) which are at or contiguous to the site have been utilized in preparation of the Contract Documents, except the following: See Section 00800 Supplementary Conditions _____________________________________ B. Limited Reliance by Design/Builder Authorized; Technical Data: Design/Builder may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Request for Proposals or in these Supplementary Conditions. Except for such reliance on such “technical data”, Design/Builder may not rely upon or make any claim against EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 9 E. Possible Contract Documents Change: If Owner concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.02.C, a Work Change Directive or a Change Order will be issued as provided in Article 9 to reflect and document the consequences of such change. F. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in Design/Builders cost of, or time required for performance of, the Work; subject, however, to the following: 1. such condition must meet any one of more of the categories described in paragraph 4.02.C; 2. a change in the Contract Documents pursuant to paragraph 4.02.E will not be an automatice authorization of nor a condition precedent to entitlement to any such adjustment; 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 paragraph 10.03; and 4. Design/Builder shall not be entitled to any adjustment in the Contract Price or Times if: a. Design/Builder knew of the existence of such conditions at the time Design/Builder made a final commitment to Owner in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or b. 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 Request for Proposals or Contract Documents to be conducted by or for Design/Builder prior to Design/Builder’s making such final commitment; or c. Design/Builder failed to give the written notice within the time and as required by Paragraph 4.02.C above. 5. If Owner and Design/Builder are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 10 and 11. However, Owner shall not be liable to Design/Builder for any claims, costs, losses or damages sustained by Design/Builder on or in connection with any other project or anticipated project. G. Physical Conditions – Underground Facilities: 1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to Owner by the owners of such Underground Facilities or by others Unless it is otherwise expressly provided in the Supplementary Conditions, Owner shall not be responsible for the accuracy or completeness of any such information or data, and the cost of all of the following will be included in the Contract Price and Design/Builder shall have full EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 10 4.03 Reference Points A. Design/Builder shall be responsible for laying out the Work and shall protect and preserve the reference points and property monuments established by Owner pursuant to paragraph 8.01.A.6.e, and shall make no changes or relocations without the prior written approval of Owner. Design/Builder shall report to Owner whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Hazardous Environmental Condition at Site Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material A. Design/Builder will not be responsible for any Hazardous Environmental Condition encountered at the Site which was not identified in the Contract Documents to be within the scope of the Work. Design/Builder shall be responsible for materials creating a Hazardous Environmental Condition created by any materials brought to the Site by Design/Builder, Subcontractors, Suppliers or anyone else for whom Design/Builder is responsible Owner shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site unless such substance or material should have been ascertained by Design/Builder in accordance with paragraph 4.02.C.5. OWNER shall not be responsible for any such materials brought to the site, managed, stored, or disposed of by Design/Builder, Subcontractors, Suppliers, or anyone else for whom Design/Builder is responsible.. B. If Design/Builder encounters a Hazardous Environmental Condition, Design/Builder shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Construction in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify Owner (and thereafter confirm such notice in writing). Owner shall promptly determine the necessity of retaining a qualified expert to evaluate such condition or take corrective action, if any. C. Design/Builder shall not be required to resume Construction in connection with such Hazardous Environmental Condition or in any such affected area until after Owner has obtained any required permits related thereto and delivered to Design/Builder written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Construction, or (ii) specifying any special conditions under which such Construction may be resumed safely. If Owner and Design/Builder cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Construction stoppage or EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 11 5.01 Performance, Payment and Other Bonds A. Design/Builder shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Design/Builder's obligations to furnish, provide and pay for Work and related materials under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. Design/Builder shall also furnish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 by the Audit Staff, Bureau of Government Financial Operations, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by Design/Builder is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.B and 5.02, Design/Builder shall within twenty ten (10) days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B and 5.02 must be acceptable to Owner. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Design/Builder shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Design/Builder shall deliver to Owner, with copies to each additional insured indicated in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Design/Builder is required to purchase and maintain. Owner shall deliver to Design/Builder, with copies to each additional insured indicated in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Design/Builder or any other additional insured) which Owner is required to purchase and maintain. 5.04 Design/Builder's Liability Insurance A. Design/Builder shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 12 officers, directors, partners, and employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. Include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; the limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For paragraphs 5.04.A.1 and 5.04.A.2: Coverage A – Statutory limits; Coverage B -- $100,000/ $100,000/ $500,000. For paragraphs 5.04.A.3 and 5.04.A.5: The Commercial General Liability Policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosions, Collapse, and Underground coverage unless waived by the Owner. For paragraph 5.04.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). For paragraph 5.04.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. For paragraph 5.02.C: The Professional Liability Errors & Omissions policy will have limits of $5,000,000. 3. Include completed operations insurance; 4. Include contractual liability insurance covering Design/Builder's indemnity obligations under paragraphs 6.11.A.3 and 6.21; 5. Contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to Owner and each other additional insured indicated in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Design/Builder pursuant to paragraph 5.03 will so provide); 6. Remain in effect at least until final payment and at all times thereafter when Design/Builder may be correcting, removing or replacing defective Construction in accordance with paragraphs 12.06 and 12.07; and 7. With respect to completed operations insurance, and any other insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment (and Design/Builder shall furnish Owner and each other additional insured indicated in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to Owner EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 13 malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws or Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. Include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. Cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Construction, provided that such materials and equipment have been included in an Application for Payment approved by Owner; 5. Allow partial utilization in accordance with paragraph 13.06; 6. Include testing and startup; and 7. Be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner and Design/Builder with thirty days' written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws or Regulations which will include the interests of Owner, Owner's Consultants, Design/Builder, Subcontractors, and any other individuals or entities indicated in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by Owner in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to Design/Builder and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Design/Builder, Subcontractors, Suppliers, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount, will be borne by Design/Builder, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Design/Builder requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Design/Builder by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Design/Builder whether or not such other EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 14 Completion pursuant to paragraph 13.05, or after final payment pursuant to paragraph 13.08. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Design/Builder, Subcontractors, Owner's Consultant, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.08.B. 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 Construction shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Design/Builder has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party Design/Builder in accordance with Article 5 on the basis of their not complying with the Contract Documents, the objecting party Owner shall so notify the other party Design/Builder in writing within ten fifteen (15) days after receipt of the certificates (or other evidence requested) required by paragraph 2.04.C. Owner and Design/Builder shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was supposed to provide such coverage, and a Change Order shall be issued to adjust the EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 15 5. On the basis of the Conceptual Documents and Design/Builder's Proposal, prepare preliminary design documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project; 6. Furnish the preliminary design documents to and review them with Owner within the times indicated in the schedules described in paragraphs 2.06.A.1 and 2.06.A.2; and 7. Identify any variations in the preliminary design documents from the Contract Documents in accordance with 6.17.B. C. Final Design Phase. After written acceptance by Owner of the preliminary design phase documents Design/Builder shall: 1. On the basis of the accepted Preliminary Design Phase documents, prepare final Drawings showing the scope, extent, and character of the Construction to be performed and furnished by Design/Builder and Specifications (which will be prepared, where appropriate, in general conformance with the sixteen division format of the Construction Specifications Institute); 2. Provide technical criteria, written descriptions and design data required for obtaining approvals of such governmental authorities as have jurisdiction to review or approve the final design of the Project, and assist Owner in consultations with appropriate authorities; 3. Furnish the above documents, Drawings, and Specifications to and review them with Owner within the times indicated in the schedules described in paragraphs 2.06.A.1 and 2.06.A.2; and 4. Identify any deviations from other Contract Documents in accordance with paragraph 6.17.B. 6.02 Supervision and Superintendence of Construction A. Design/Builder shall supervise, inspect and direct the Construction competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to provide the Construction in accordance with the Contract Documents. Design/Builder shall be solely responsible for the means, methods, techniques, sequences and procedures of Construction. Design/Builder shall be responsible to see that the completed Construction complies accurately with the Contract Documents and shall keep Owner advised as to the quality and progress of the Construction. B. At all times during the progress of Construction, the Design/Builder shall assign a competent resident superintendent thereto, who shall not be replaced without written notice to Owner except under extraordinary circumstances. The superintendent will be Design/Builder's representative at the Site and shall have authority to act on behalf of Design/Builder. All communications given to or received from the superintendent shall be binding on Design/Builder. 6.03 Labor, Working Hours A. Design/Builder shall provide competent, suitably qualified personnel to perform the Work as required EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 16 satisfactory evidence (including reports of required tests) as to the source, 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. 6.05 Progress Schedule A. Design/Builder shall adhere to the progress schedule established in accordance with paragraph 2.06.A as it may be adjusted from time to time as provided below: 1. Design/Builder shall submit to Owner for acceptance proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect, and will comply with any provisions of the Contract Documents applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 11.02. Such adjustments may only be made by a Change Order or . 6.06 Concerning Subcontractors, Suppliers, and Others A. Design/Builder shall not employ any Subcontractor, Supplier, or other individual or entity against whom Owner may have reasonable objection. Design/Builder shall not be required to employ any Subcontractor, Supplier or other individual or entity to furnish or perform any of the Work against whom Design/Builder has reasonable objection. Design/Builder shall perform not less than 20 percent of the Work with its own forces (that is, without subcontracting). The 20 percent requirement shall refer to the Work the value of which totals not less than 20 percent of the Contract Price. B. Design/Builder shall be fully responsible to Owner for all acts and omissions of the Subcontractors, Suppliers and other individuals or entities performing or furnishing any of the Work just as Design/Builder is responsible for Design/Builder's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner and any such Subcontractor, Supplier, or other individual or entity, nor shall it create any obligation on the part of Owner to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws or Regulations. C. Design/Builder shall be solely responsible for scheduling and coordinating Subcontractors, Suppliers and other individuals and entities performing or furnishing any of the Work under a direct or indirect contract with Design/Builder. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Design/Builder in dividing the Work among Subcontractors and Suppliers or delineating the Work to be performed by any specific trade. D. Design/Builder shall require all Subcontractors, Suppliers and such other individuals and EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 17 infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not identified in the Conceptual Documents. C. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design/Builder and its officers, directors, partners, employees or agents, Subcontractors and Suppliers from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device required by the Conceptual Documents. 6.08 Permits A. Unless otherwise provided in the Contract Documents, Design/Builder shall obtain and pay for all necessary permits, licenses, and approvals of governmental authorities having jurisdiction over the Work. Owner shall assist Design/Builder, when necessary, in obtaining such permits, licenses and approvals. Design/Builder shall pay all governmental charges and inspection fees necessary for the performance of the Work, which are applicable on the last day for receipt of Proposals or on the effective date of the Agreement. Design/Builder shall pay all charges of utility owners for connections to the Work, and Design/Builder shall pay fees as provided in the Supplemental Conditions. Owner shall pay all charges of such utility owners for capital costs related thereto. 6.09 Laws or Regulations A. Design/Builder shall give all notices required by and comply with all Laws or Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Design/Builder's compliance with any Laws or Regulations. B. If Design/Builder performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Design/Builder shall bear all costs arising therefrom. C. Changes in Laws or Regulations not known on the date of receipt of Proposals having an effect on the cost or time of performance may be the subject of a change in Contract Price or Contract Times. 6.10 Taxes A. Design/Builder shall pay all sales, consumer, use, and other similar taxes required to be paid by Design/Builder in accordance with the Laws or Regulations of the place of the Project which are applicable during the performance of the Work. B. Owner is exempt from Colorado state and local sales and use taxes on materials to be permanently incorporated into the project. Said taxes shall not be included in the Contract Price. Design/Builder must apply for, and receive, a Certificate of Exemption from the Colorado EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 18 directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim brought by any such owner or occupant against Owner, or any other party indemnified hereunder to the extent caused by or based upon Design/Builder's performance of the Construction. B. Removal of Debris. During the performance of the Construction, Design/Builder shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Construction. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws or Regulations. C. Cleaning. Prior to Substantial Completion, Design/Builder shall clean the Site and make it ready for utilization by Owner. At completion of Construction, Design/Builder shall remove all tools, appliances, construction equipment, temporary construction and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures. Design/Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Design/Builder subject any part of the Construction or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Design/Builder shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders and Work Change Directives in good order and annotated to show all changes made during performance of the Work. These record documents together with all approved Submittals will be available to Owner for reference. Upon completion of the Work and prior to release of final payment, these record documents and Submittals, including a reproducible set of record drawings as provided in paragraph 3.05.D, will be delivered to Owner. 6.13 Safety and Protection A. Design/Builder shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Design/Builder shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All persons on the Site or who may be affected by the Work; 2. All Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation, or replacement in the course of construction. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 19 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Design/Builder is obligated to act to prevent threatened damage, injury or loss. Design/Builder shall give Owner prompt written notice if Design/Builder believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If a change in the Contract Documents is required because of the action taken by Design/Builder in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Submittals A. Owner will review and approve Submittals in accordance with the schedule of required Submittals accepted by Owner as required by paragraph 2.06.A. Owner's review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the construction, 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. Owner's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Owner's review and approval of Submittals shall not relieve Design/Builder from responsibility for any variation from the requirements of the Contract Documents unless Design/Builder has in a separate written communication at the time of submission called Owner's attention to each such variation and Owner has given written approval. C. Construction prior to Owner's review and approval of any required Submittal will be at the sole risk of Design/Builder. 6.18 Continuing the Work A. Design/Builder shall continue the Work and adhere to the progress schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as Design/Builder and Owner may otherwise agree in writing. 6.19 Post-Construction Phase A. Design/Builder shall: 1. Provide assistance in connection with the start-up, testing, refining and adjusting of any equipment or system. 2. Assist Owner in training staff to operate and maintain the Work. 3. Assist Owner in developing systems and procedures for control of the operation and maintenance of and record keeping for the Work. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 20 6. Any review and approval of a Submittal; 7. Any inspection, test or approval by others; or 8. Any correction of defective Construction Work by Owner. 6.21 Indemnification A. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultants, and the officers, directors, partners, employees, agents, other consultants and subcontractors of each from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from the performance of Construction the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent and is caused in whole or in part by any negligent act or omission of Design/Builder, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against Owner, Owner's Consultant or any of their respective consultants, agents, officers, directors, partners or employees by any employee (or the survivor or personal representative of such employee) of Design/Builder, any Subcontractor, any Supplier, any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.21.A shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Design/Builder or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts or other employee benefit acts. C. The indemnification obligations of Design/Builder under paragraph 6.21.A shall not extend to the liability of Owner's Consultant, and their officers, directors, partners, employees, agents, other consultants, and subcontractors arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or specifications. 6.22 Survival of Obligations A. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 21 or services that render it unavailable or unsuitable for the proper execution and results of Design/Builder's Work. Design/Builder's failure so to report will constitute an acceptance of such other work as fit and proper for integration with Design/Builder's Work except for latent or nonapparent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. The individual or entity who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 2. The specific matters to be covered by such authority and responsibility will be itemized; and 3. The extent of such authority and responsi- bilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility in respect of such coordination. ARTICLE 8 – OWNER'S RESPONSIBILITIES 8.01 General A. Owner shall do the following in a timely manner so as not to delay the services of Design/Builder: 1. Designate in writing a person to act as Owner's Representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner’s policies, make decisions with respect to performance of the Work, and shall provide such other services as may be agreed upon; 2. Provide such legal services as Owner may require with regard to legal issues pertaining to the Project including any that may be raised by Design/Builder; 3. If requested in writing by Design/Builder, furnish reasonable evidence satisfactory to Design/Builder that sufficient funds are available and committed for the entire cost of the Project. Unless such reasonable evidence is furnished, Design/Builder is not required to commence or continue any Work, or may, if such evidence is not presented within a reasonable time, stop Work upon 15 days notice to the Owner; 4. Make payments to Design/Builder promptly when they are due as provided in paragraph 13.03 and 13.08; 5. Furnish the Site as set forth in paragraph 4.01.A; 6. Furnish to Design/Builder, as required for performance of Design/Builder's Services the following, all of which Design/Builder may use and rely upon in performing services under this Agreement: a. Environmental assessment and impact statements; b. Property, boundary, easement, right-of- way, topographic, and utility surveys; EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 22 8.03 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Design/Builder's means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Design/Builder to comply with Laws or Regulations applicable to the furnishing or performance of the Work. Owner will not be responsible for Design/Builder's failure to perform the Work in accordance with the Contract Documents. 8.04 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Materials uncovered or revealed at the Site is set forth in paragraph 4.04. 8.05 Resident Project Representation A. Owner may furnish a Resident Project Representative to observe the performance of Construction. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. 8.06 Owner's Consultant A. Owner's Consultant, if any, has no duties, responsibilities, or authorities with respect to Design/Builder, unless so provided in the Supplementary Conditions. ARTICLE 9 – CHANGES IN THE WORK; CLAIMS 9.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work within the general scope of the Contract by a Written Amendment, Change Order or a Work Change Directive. Upon receipt of any such document, Design/Builder shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 9.02 Unauthorized Changes in the Work A. Design/Builder shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Construction as provided in paragraph 12.04. 9.03 Claims A. Notice. If Owner and Design/Builder are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of any order of Owner pursuant to paragraph 9.01.A or other occurrence for which the Contract Documents provide that such adjustment(s) may be made, a Claim may be made therefor. Written notice of intent to make such a Claim shall be submitted to the other party promptly and in no event more than 15 days after the start of the occurrence or event giving rise to the Claim. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 23 Work and adhere to the progress schedule as provided in paragraph 6.18. 9.05 Notice to Sureties A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (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 Design/Builder's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 9.06 Effect of Change Orders A. By the execution of a Change Order, a Work Change Directive, or Written Agreement, Owner and Design/Builder expressly acknowledge and agree that said Change Order, Work Change Directive, or Written Agreement provides for a fair and equitable adjustment in Contract Price and/or Contact Time for the additions, deletions, or revisions in the Work as authorized by said Change Order, Work Change Directive or Written Agreement. Owner and Design/Builder further expressly acknowledge and agree that claims for adjustments to the Contract Price and/or Contract Time covered by a Change Order, Work Change Directive or Written Agreement are not valid. ARTICLE 10 – COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 10.01 Cost of the Work A. Costs Included. The term Cost of the Work means the sum of all costs necessarily incurred and paid by Design/Builder in the proper performance of the Work. When the value of Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Design/Builder will be only those additional or incremental costs required because of the change of the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 10.01.B: 1. Payroll costs for employees in the direct employ of Design/Builder in the performance of the Work under schedules of job classifications agreed upon by Owner and Design/Builder. a. Such employees shall include without limitation superintendents, foremen, and other personnel employed full-time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall 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 taxes, workers' compensation, and health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 24 accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following items: a. The proportion of necessary transporta- tion, travel and subsistence expenses of Design/Builder's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the Site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Design/Builder. c. Rentals of all construction or engineering equipment and machinery and the parts thereof whether rented from Design/Builder or others in accordance with rental agreements approved by Owner, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Design/Builder is liable, imposed by Laws or Regulations. e. Deposits lost for causes other than negligence of Design/Builder, 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. f. Losses, damages, and related expenses caused by damage to the Work not compensated by insurance or otherwise, sustained by Design/Builder in connection with the furnishing and performance of the Work (except losses and damages within the deductible amounts of property insurance established by Owner in accordance with Article 5 above) provided they have resulted from causes other than the negligence of Design/Builder, 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 Design/Builder's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 25 same (except for the cost of premiums covered by paragraph 10.01.A.6.i above). C. Design/Builder's Fee. When all the Work is performed on the basis of cost-plus, Design/Builder's fee shall be as set forth in the Agreement. When the value of the Work covered by a Change Order is determined on the basis of Cost of the Work, Design/Builder's fee shall be determined as set forth in paragraph 11.01.C. D. Documentation. Whenever the cost of any Work is to be determined pursuant to paragraph 10.01.A and 10.01.B, Design/Builder will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Owner an itemized cost breakdown together with supporting data. 10.02 Cash Allowances A. The Contract Price includes all allowances so named in the Contract Documents. Design/Builder shall cause the Work so covered to be performed for such sums as may be acceptable to Owner. Design/Builder agrees that: 1. The allowances include the cost to Design/Builder (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Except as set forth in the Contract Documents, Design/Builder's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Design/Builder on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 10.03 Unit Prices A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all of Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Design/Builder will be made by Owner. B. Each unit price will be deemed to include an amount considered by Design/Builder to be adequate to cover Design/Builder's overhead and profit for each separately identified item. C. Design/Builder or Owner may make a Claim for an adjustment in the Contract Price in accordance with Article 9 if: 1. the quantity of any item of Unit Price Work performed by Design/Builder differs materially and significantly from the estimated quantity of such item EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 26 not necessarily in accordance with paragraph 11.01.C.2); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.01.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 10.01) plus a Design/Builder's Fee for overhead and profit (determined as provided in paragraph 11.01.C). C. Design/Builder's Fee: The Design/Builder's fee for overhead and profit on Change Orders shall be determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under paragraphs 10.01.A.1.a and 10.01.A.2, the Design/Builder's fee shall be 15 three percent; b. For costs incurred under paragraph 10.01.A.3 10.01.A.4, 10.01.A.5 and 10.01.A.6, the Design/Builder's fee shall be five three percent; c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.01.C.1 and 11.01.C.2.a is that the Subcontractor who actually performs or furnishes Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 10.01.A.1 and 10.01.A.2 and that any higher tier Subcontractor and Design/Builder will each be paid a fee of to be negotiated in good faith with Owner but not to exceed five percent of the amount paid to the next lower tier Subcontractor; d. The amount of credit to be allowed by Design/Builder 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 Design/Builder's fee by an amount equal to five three percent of such net decrease; and e. When both additions and credits are involved in any one change, the adjustment in Design/Builder's fee shall be computed on the basis of the net change in accordance with paragraphs 11.01.C.2.a through 11.01.C.2.d, inclusive. f. No fee shall be payable on the basis of costs itemized under paragraphs 10.01.A.5, 10.01.A.6, or 10.01.B. 11.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order. Any Claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice pursuant to paragraph 9.03.A. B. Delays Beyond Design/Builder's Control. Where Design/Builder is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of Design/Builder, the Contract Times (or EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 27 Design/Builder’s sole and exclusive remedy for the delays described in this Paragraph 11.02.C. E. Owner and Owner’s Consultant shall not be liable to Design/Builder for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Design/Builder on or in connection with any other project or anticipated project. F. Design/Builder shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Design/Builder. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Design/Builder. ARTICLE 12 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION OR WORK 12.01 Notice of Defects A. Owner shall give Design/Builder prompt written notice of all defective Construction or Work of which Owner has actual knowledge. All defective Construction or Work may be rejected, corrected or accepted as provided in this Article 12. 12.02 Access to Construction A. Owner, Owner's Consultants, other representatives and personnel of Owner, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Site and the Construction at reasonable times for their observation, inspecting, and testing. Design/Builder shall provide them proper and safe conditions for such access and advise them of Design/Builder's Site safety procedures and programs so that they may comply therewith as applicable. 12.03 Tests and Inspections A. If the Contract Documents or Laws or Regulations of any public body having jurisdiction require any part of the Construction Work specifically to be inspected, tested or approved, Design/Builder shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish Owner the required certificates of inspection or approval. Design/ Builder 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 acceptance of materials or equipment to be incorporated in the Work or of materials, mix designs, or equipment submitted for approval prior to Design/Builder's purchase thereof for incorporation in the Work. B. Design/Builder shall give Owner reasonable notice of the planned schedule for all required inspections, tests, or approvals. C. If any Construction (or the construction work of others) that is required to be inspected, tested, or approved is covered by Design/Builder without written concurrence of Owner, it must, if requested by Owner, be uncovered for observation at Design/Builder's expense unless Design/ Builder has given Owner timely notice of Design/Builder's EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 28 12.05 Owner May Stop Construction or Work A. If Construction or Work is defective, or Design/Builder fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform Construction or Work in such a way that the completed Construction Work will conform to the Contract Documents, Owner may order Design/Builder to stop Construction or Work or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop Construction will not give rise to any duty on the part of Owner to exercise this right for the benefit of Design/Builder or any surety or other party. 12.06 Correction or Removal of Defective Construction or Work A. Owner will have authority to disapprove or reject defective Construction or Work and will have authority to require special inspection or testing of the Construction or Work whether or not the Construction or Work is fabricated, installed or completed. If required by Owner, Design/Builder shall promptly, as directed, either correct all defective Construction or Work, whether or not fabricated, installed or completed, or, if the Construction or Work has been rejected by Owner, remove it from the Site and replace it with non- defective Construction or Work. Design/Builder shall bear all direct, indirect, and consequential costs of such correction, replacement and/or removal (including but not limited to all claims, costs, losses and damages caused by, arising out of, or resulting from such correction, replacement, and/or removal, and fees and charges of engineers, architects, attorneys and other professionals and all court, arbitration, or other dispute resolution costs) arising out of or relating to such correction or removal.) 12.07 Correction Period A. If within one year after the date of Substantial Completion of the entire Work or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Construction or Work is found to be defective, Design/Builder shall promptly, without cost to Owner and in accordance with Owner's written instructions, (i) correct such defective Construction or Work, or, if it has been rejected by Owner, remove it from the Site and replace it with Construction or Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Construction or Work or the work of others resulting therefrom. If Design/Builder does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Construction or Work corrected or the rejected Construction or Work removed and replaced, and all claims, costs, losses, and damages caused by, arising out of, or resulting from such removal and replacement (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 29 may exclude Design/Builder from all or part of the Site, take possession of all or part of the Construction or Work, and suspend Design/Builder's services related thereto, take possession of Design/Builder's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Construction or Work all materials and equipment stored at the Site or for which Owner has paid Design/Builder but which are stored elsewhere. Design/Builder shall allow Owner, Owner's Consultant, Owner's representatives, agents, employees, and other contractors access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages (included but not limited to fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs and all costs of repair or replacement of work of others) incurred or sustained by Owner in exercising such rights and remedies under this paragraph 12.09 will be charged against Design/Builder and a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. D. Design/Builder shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this paragraph 12.09. 12.10 No limitation A. Nothing contained in this Article 12 shall be construed to establish a period of limitation with respect to other obligations which the Design/Builder might have under the Contract Documents. Establishment of the time period of one year as described in Section 12.07 relates only to the specific obligation of the Design/Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder’s liability with respect to the Design/Builder’s obligations other than specifically to correct the Work. ARTICLE 13 – PAYMENTS TO DESIGN/BUILDER AND COMPLETION 13.01 Schedule of Values A. The Schedule of Values established as provided in paragraph 2.06.A will serve as the basis for progress payments. Progress payments on account of Unit Price Work will be based on the number of units completed. 13.02 Application for Progress Payment A. On or about the date established in the Agreement for submission of each application for progress payment (but not more often than once a month), Design/Builder shall submit to Owner for review an Application for Payment filled out and signed by Design/Builder covering the Work completed as of the date indicated on the Application and accompanied by supporting EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 30 as provided in paragraph 13.03.B and as otherwise provided in the Contract Documents, then Design/Builder may, at any time thereafter, upon serving written notice that he will stop the Work within seven days after receipt of the notice by Owner, and after such seven day period, stop the Work until payment of the amount owing has been received. Written notice shall be deemed to have been duly served if sent by certified mail to the last known business address of Owner. 3. Payments due but unpaid shall bear interest at the rate specified in the Agreement. 4. No Progress Payment nor any partial or entire use or occupancy of the Project by Owner shall constitute an acceptance of any Work not in accordance with the Contract Documents. B. Reduction in or Refusal to Make Payment. Owner may refuse to make the whole or any part of any such payment, or because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any previous payment, to the extent that is reasonably necessary to protect Owner from loss because: 1. the Construction or Work is defective, or completed Construction or Work has been damaged requiring correction or replacement; or 2. the Contract Price has been reduced by Change Order; or 3. Owner has been required to correct defective Construction or complete Work in accordance with paragraph 12.09.A; or 4. Owner has actual knowledge of the occurrence of any of the events enumerated in paragraphs 13.03.B.1 through 13.03.B.3 inclusive, or paragraphs 14.02.A.1 through 14.02.A.3 inclusive; or 5. Claims have been made against Owner on account of Design/Builder's performance or furnishing of the Work; or 6. Liens have been filed in connection with the Work, except where Design/Builder has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or 7. There are other items entitling Owner to a set off against the amount for which application is made. C. If Owner refuses to make payment of the full amount requested by Design/Builder, Owner must give Design/Builder immediate written notice stating the reasons for such action and promptly pay Design/Builder any amount remaining after deduction of the amount withheld. Owner shall promptly pay Design/Builder the amount withheld or any adjustment thereto agreed to when Design/Builder corrects to Owner’s satisfaction the reason for such action. 13.04 Design/Builder's Warranty of Title A. Design/Builder warrants and guarantees that title to all Construction, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 13.05 Substantial Completion EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 31 occupy any such part of the Construction which Owner believes to be ready for its intended use and substantially complete. If Design/Builder agrees that such part of the Work is substantially complete, Design/Builder will certify to Owner that such part of the Construction is substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Construction. Design/Builder at any time may notify Owner in writing that Design/Builder considers any such part of the Work ready for its intended use and substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, Owner and Design/Builder shall make an inspection of that part of the Work to determine its status of completion. If Owner does not consider that part of the Work to be substantially complete, Owner will notify Design/Builder in writing giving the reasons therefor. If Owner considers that part of the Work to be substantially complete, the provisions of paragraph 13.05 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. 2. No use or occupancy of part of the Construction will be accomplished prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 13.07 Final Inspection A. Upon written notice from Design/Builder that the entire Work or an agreed portion thereof is complete, Owner will make a final inspection with Design/Builder and will notify Design/Builder in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Design/Builder shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 13.08 Final Payment A. Application for Payment. 1. After Design/Builder has completed all such corrections to the satisfaction of Owner and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance, certificates of inspection, record documents (as provided in paragraph 6.12) and other documents, Design/Builder may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (unless previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by paragraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. 3. In lieu of such releases or waivers of Liens EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 32 shall be submitted by Design/Builder to Owner with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 13.10 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. A waiver of all Claims by Owner against Design/Builder, except Claims arising from unsettled Liens, from defective Construction appearing after final inspection pursuant to paragraph 13.07, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Design/Builder's continuing obligations under the Contract Documents; and 2. A waiver of all Claims by Design/Builder against Owner other than those previously made in writing and still unsettled. ARTICLE 14 – SUSPENSION OF WORK AND TERMINATION 14.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 days by notice in writing to Design/Builder which will fix the date on which Work will be resumed. Design/Builder shall resume the Work on the date so fixed. Design/Builder 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 Design/Builder makes a Claim therefor as provided in Article 9. 14.02 Owner May Terminate for Cause A. Upon Tthe occurrence of any one or more of the following events justifies termination for cause Owner may terminate this Agreement as provided herein: 1. Design/Builder's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.06.A as adjusted from time to time pursuant to paragraph 6.05). 2. Design/Builder's disregard of Laws or Regulations of any public body having jurisdiction. 3. Design/Builder's violation in any substantial way of provisions of the Contract Documents. B. If one or more of the events identified in paragraph 14.02.A occur, Owner may, after giving Design/Builder (and the surety, if any) seven days' written notice, terminate the services of Design/Builder, take possession of any completed Drawings and Specifications prepared by or for Design/Builder (subject to the indemnification provisions of paragraph 3.05.A), exclude Design/Builder from the Site, and take possession of the Work and of all Design/Builder's tools, appliances, construction equipment and machinery at the Site and use the same to the full extent they could be used by Design/Builder (without liability to Design/Builder for trespass or conversion), EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 33 1. Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. 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; and 3. Amounts paid in settlement of terminated contracts with Subcontractors, Suppliers and others (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs incurred in connection with termination of contracts with Subcontractors, Suppliers and others); and 4. Reasonable expenses directly attributable to termination. B. Except as provided in paragraph 14.03.C, Design/Builder shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 14.04 Design/Builder May Stop Work or Terminate A. If, through no act or fault of Design/Builder, the Work is suspended for a period of more than 90 days by Owner or under an order of court or other public authority, or Owner fails to act on any Application for Payment within thirty days after it is submitted or Owner fails for thirty days to pay Design/Builder any sum finally determined to be due, then Design/Builder may, upon seven days' written notice to Owner, and provided Owner does 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 14.03.A. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if Owner has failed for 30 days to pay Design/Builder any sum finally determined to be due, Design/Builder may upon seven days' written notice to Owner stop the Work until payment is made of all such amounts due Design/Builder, including interest thereon. The provisions of this paragraph 14.04.A are not intended to preclude Design/Builder from making Claim under Article 9 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Design/Builder's stopping Work as permitted by this paragraph. ARTICLE 15 – DISPUTE RESOLUTION 15.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no such method and procedure has been set forth, Owner and Design/Builder 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 16 – MISCELLANEOUS 16.01 Giving Notice A. Whenever any provision of the Contract EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 34 16.04 Survival of Obligations A. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Contract. 16.05 Controlling Law A. The Contract Documents will be construed in accordance with the law of the place of the Project. The laws of the State of Colorado shall apply to this Agreement, including but not limited to the following pertinent Colorado statutes: 1. Colorado Revised Statutes (CRS 8-17-101) requires that Colorado labor be employed to perform the work to the extent of not less than 80 percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed on the project. Colorado labor means any person who is a bona fide resident of the State of Colorado at the time of employment, without discrimination as to race, color, creed, age, religion or sex. 2. If a claim is filed, Owner is required by law (CRS 38-26-107) to withhold from all payments to Design/Builder sufficient funds to insure the payment of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by Design/Builder or his Subcontractors in or about the performance of the work. Such funds must be withheld until said claims have been paid or such claims as filed have been withdrawn, such payment or withdrawn to be evidenced by filing with Owner a receipt in full or an order for withdrawal in writing and signed by the person filing such a claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than ninety (90) days following the date fixed for final settlement, as published in a public newspaper in accordance with the law, unless an action is commenced within that time to enforce such unpaid claim and a notice of lis pendens is filled with the Owner. At the expiration of such ninety (90) day period, Owner shall pay to Design/Builder such moneys and funds as are not the subject of suit and lis pendens notices, and shall retain only sufficient funds to insure the payment of judgments which may result from the suit. Page 35 of 85 SECTION 00800 SUPPLEMENTARY CONDITIONS SC-4 Differing Site Conditions Subsurface and Physical Conditions ADD the following language in Section 4, Paragraph A.1, Subsurface Conditions: ADD the following language in Section 4, Paragraph A.2.a. Physical Conditions: SC-5 Bonds and Insurance ADD the following language in Section 5.03 Paragraph A.1 Certificates of Insurance Additional Insureds: ADD the following language in Section 5.06 Paragraph A.1 Property Builders Risk Insurance Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Construction at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws or Regulations). Design/Builder shall be responsible for the first $10,000 of any insurable loss under this policy. This insurance will: SC-8 Changes in Work ADD the following Paragraph to ARTICLE 8, Paragraph 8.05.B 8.05.B Resident Project Representative The Resident Project Representative deals in matters pertaining to the work. Any such dealings will be with or through the Design/Builder. Dealings with subcontractors will only be through or with the full knowledge and approval of the Design/Builder. Duties and Responsibilities of the Resident Project Representative are: Attend meetings with the Design/Builder such as preconstruction conferences, progress meetings and other job conferences. Serve as Owners liaison with Design/Builder working principally through Design/Builders superintendent to assist the Design/Builder in obtaining from OWNER additional details or information, when required, for proper execution of the Work. Advise the Design/Builder of the commencement of any Work pertaining to a Shop Drawing, data, or sample submission which does not meet the Contract Documents. Conduct on-site observations of the Work in progress in determining that the Work is proceeding in accordance with the Contract Documents. Report to the Design/Builders superintendent whenever the Resident Project Representative believes that the Work is unsatisfactory, faulty or defective, does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made; and advise the Owners Representative and Design/Builder when he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project. Page 36 of 85 Consider and evaluate Design/Builder suggestions for modification in Drawings or Specifications and report these recommendations to Owners Representative. Maintain at the Resident Project Representative office orderly files concerning correspondence, reports of job conferences, Shop Drawings, data, and samples, reproductions or original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional drawings issued subsequent to the execution of the Agreement, Design/Builder clarifications and interpretations of the Contract Documents, progress reports and other project documents. Keep a diary, daily report form, or log book, recording hours on the job site, weather conditions, data relative to questions of work directive changes, Change Orders, or changed conditions, list of job site visitors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Report immediately to Owners Representative the occurrence of any accident. Review application for payment with Design/Builder for compliance with the established procedure for their submission and will submit to the Owners Representative. Conduct final inspection with the Design/Builder and Owners Representative observe that all items on the final inspection list have been corrected or completed and make recommendations to Owners Representative concerning acceptance. The Resident Project Representative shall not: Authorize any deviations from the Contract Documents or accept any substitute materials or equipment. Exceed limitations of Resident Project Representative authority as set forth in the Contract Documents. Undertake any of the responsibilities of the Design/Builder, Subcontractors, or Design/Builders superintendent. Advise on, or issue directions relative to, or assume control over A any aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. Advise on or issue directions regarding or assume control over safety precautions and programs in connection with the Work. Accept Shop Drawings, data, or samples submittals from anyone other than the Design/Builder. Page 37 of 85 CHAPTER 8 – EXHIBITS 1. Conceptual Site Plan, dated 12/19/02. 2. Conceptual Review Comments of the Site 3. City’s Proposal Organization Chart of Project Team 4. Milestone Schedule 5. Recreation Services Organization Chart Page 38 of 85 EXHIBIT 1 Conceptual Site Plan, dated 12/19/02. Page 39 of 85 EXHIBITS 2, 3, 5 To be distributed as ADDENDUMS Page 40 of 85 EXHIBIT 4 MILESTONE SCHEDULE NORTHSIDE AZTLAN CENTER-DESIGN/BUILD Use Existing Willow Street Site Issued: June 22, 2004 Revised: November 22, 2004 Revised: February 22, 2005 Item Schedule Start Project November 17, 2004 Begin RFP Work for Design/Build Services January 15, 2005 Complete RFP for Design/Build Services February 28, 2005 Solicit Design/Build Teams through Purchasing March 1, 2005 Receive Proposals- Step 1 March 25, 2005 First Neighborhood Meeting March 30, 2005 Select Three Design/Build Teams April 8, 2005 Submit Information to Three Design/Build Teams-Step 2 April 11, 2005 Receive Design/Build Proposals from Three Teams May 20, 2005 Select Design/Build Team June 6, 2005 Notice to Proceed- Design/Build Team July 11, 2005 Complete Conceptual/Preliminary Design Services April 1, 2006 Review by Parks & Recreation Board April 26, 2006 Review by City Council May 9, 2006 Notice to Proceed- Final Design Services May 15, 2006 Second Neighborhood Meeting July 27, 2006 Complete Final Design Services September 15, 2006 Notice To Proceed- Construction October 15, 2006 Complete Construction August 15, 2007 Occupy New Facility September 15, 2007 Demolition of Existing Building October 1, 2007 Complete Site Work November 30, 2007 One Year Warranty August 15, 2008 Close Out Project August 1, 2009 1 REQUEST FOR PROPOSAL CITY OF FORT COLLINS NORTHSIDE AZTLAN CENTER-DESIGN/BUILD PROPOSAL NO. P983 RFP OPENING DATE: 3:00 P.M. MARCH 25, 2005 2 Request for Proposal City of Fort Collins Proposal No. P983 Northside Aztlan Center -Design/Build The City of Fort Collins is seeking qualifications and the best possible combination of design and building construction services for the design and construction of the Northside Aztlan Center-Design/Build replacing the existing facility located at 112 East Willow Street. Written proposals, seven (7) copies, will be received at the City of Fort Collins’ Purchasing Division, 215 North Mason Avenue, Fort Collins, Colorado 80521. Proposals will be received before 3:00pm (our clock) March 25, 2005, Proposal No. P983. The City desires that proposing teams (or members) have experience on Recreational Facility projects of similar scope and size, and must also have had some experience on design-build projects within the last five years. • No telephone communications regarding the scope of the project will be answered. • City of Fort Collins’ staff will not hold individual meetings with any prospective proposers. • Questions concerning the scope of the proposal will be addressed in one way. o A pre-proposal meeting will be held on March 15, 2005, at 10:00am- 12:00pm, at 300 West LaPorte Avenue (City Council Chambers). 1. Call the Purchasing Fax-line, 970-416-2033 and follow the verbal instructions to request document #30983. 2. Download the Proposal/Bid from the BuySpeed Webpage https://secure2.fcgov.com/bso/login.jsp 3. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Request. Questions regarding the proposal submittal process should be directed to James B. O’Neill II, CPPO, Director of Purchasing and Risk Management, (970) 221-6775. Questions regarding the project should be directed, in writing, to Steve Seefeld, Facilities Project Manager (970) 221-6227. Questions received only until 5:00 PM, March 17, 2005. 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. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com ADDENDUM No. 1 S PECIFICATIONS AND CONTRACT DOCUMENTS D escription of Bid: P983 Northside Aztlan Center-Design/Build OPENING DATE: March 25, 2005 3:00 P.M. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. QUESTIONS AND ANSWERS March 15, 2005 PREBID MEETING: QUESTION: On page 8, paragraph two, under project Description; what is meant by Skate Park (use existing)? ANSWER: The Owner believes that there is a great chance the existing Skate Park will be relocated. As such, there will be a new concrete slab required and "existing" skate park equipment and/or appurtenances will need to be moved. QUESTION: Will any off site improvements (relative to the right-of-way) be required as a part of this project? ANSWER: Yes; to be determined by the City development review process. QUESTION: Will the City hold separate meetings with the three selected finalists to discuss proposal "ideas" before the final submissions? ANSWER: Not likely. The City may agree to hold a general meeting that includes all three finalists together before final submission. This would happen only if there is interest by the finalists to attend a joint meeting after completion of Step 1, and if the City determines that it is in the best interest of the City to do so at that time. STATEMENT: On page 13, under Financial Capability; The proposer will provide the requested information as closely as possible as defined; however only one (1) copy of this material will be required by the City at the Step 1 proposal level. ATTACHMENTS: • PREBID ATTENDEES LIST • P983 CHAPTER 8 EXHIBITS- 2,3 & 5 (1. Conceptual Site Plan 12/19/05 and 4. Milestone Schedule are included in the RFP.) 2. CONCEPTUAL REVIEW COMMENTS OF THE SITE 3. CITY’S PROPOSAL ORGANIZATION CHART OF PROJECT TEAM 5. RECREATION SERVICES ORGANIZATION CHART RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Page 37 of 85 CHAPTER 8 – EXHIBITS 1. Conceptual Site Plan, dated 12/19/02. 2. Conceptual Review Comments of the Site 3. City’s Proposal Organization Chart of Project Team 4. Milestone Schedule 5. Recreation Services Organization Chart Page 38 of 85 EXHIBIT 1 Conceptual Site Plan, dated 12/19/02. Community Piannine and Environm ental Ser T I City of Fort Collins Current Planning Craig Foreman Park Planning and Development Department 215 N. Mason Street Fort Collins, CO 80521 October 15, 2001 Dear Craig: yr information, attached is a copy of the Staff�s comments concerning the Azatlan Center Redevelopment presented before the Conceptual Review Team on June 25, 2001. If you should have any questions regarding these comments or the next steps in the review process, please feel free to call me at 221-6750. cc: Eric Bracke, Streets Department Stormwater Department Project Planner File The comments are offered informally by Staff to assist you in preparing the detailed components of the project application. Modifications and additions to these comments may be made at the time of formal review of this project. 281 North College Avenue • P0. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 C > of Fort Collins CONCEPTUAL REVIEW STAFF COMMENTS MEETING DATE: June 25, 2001 ITEM: Demolition of existing Azatlan Center and construction of new 40,000 square foot community facility APPLICANT: Craig Foreman Park Planning and Development Department 215 N. Mason Street Fort Collins, CO 80521 LAND USE DATA: The budget is scheduled for 2004. The 2 political issues revolving around this site. are (1) the brownfield cleanup issues, and what to do with the road. The proposal would be to demo the existing center, build a new 40,000 sf center, and tie the 2 parking lots together. DEPARTMENTAL CONTACTS: Current Planning- Troy Jones 221-6750 Zoning Department- Peter Barnes 221-6760 Engineering Department - Marc Virata 221-6605 Street Oversizing Coordinator - Matt Baker 221-6605 Poudre Fire Authority- Ron Gonzales 221-6570 Stormwater Utility- Glen Schlueter 224-6065 Water c� Sewer Utilities- Roger Buffington 221-6854 Natural Resources Development Planner Doug Moore 221-6750 Light and Power Monica Moore 221-6700 Transportation Services (ped. � transit) Tom Reiff 416-2040 Transportation Services (traffic) Eric Bracke 224-6062 Transfort (local bus service) Gaylene Rossiter 224-6195 Park Planning Craig Foremean 221-6618 COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES CURRENT PLANNING DEPARTMENT 281 N. College Ave. EO. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 7 COMMENTS: 1. Zoning Department: a. The zoning of the existing building itself is POL - Public Open Lands. The northeast corner of the parking lot and much of the United Way parking lot is in the RDR - River Downtown Redevelopment district. b. It's not clear what to make of the parking requirement for the site since this is not in a residential zone district. The maximum parking limit applies, but it's not clear what number applies. Alternative Compliance may be the cleanest way to address the issue. The build-to-line standard in section 3.5.3(B)(2) of the LUC will apply, which means that the building must be placed no more than fifteen feet from the right-of-way of Willow Street. This section of the code also specifies that no vehicle use areas are to be located between the building and the street. 2. Stormwater Utility Department: Location: 112 East Willow a. It appears most of this site is in the Old Town drainage basin where the new development fee is $4,150/acre which is subject to the runoff coefficient reduction. The northern edge of the site drains to the Poudre River basin where there are no new development fees. The site is in inventory grid #8G. b. The standard drainage and erosion control reports are required and they must be prepared by a professional engineer registered in Colorado. c. Onsite extended detention is required to treat the runoff. d. There is an existing stormsewer on the western side of the site that appears to be close or possibly under the new center. It would have to be relocated since stormsewers are not allowed under buildings. e. Some of the site is in the Old Town floodplain, but it may have been removed since the construction of the Howes Street Outfall. Please contact Marsha Hilmes-Robinson at 224-6036 for the latest mapping and any floodplain requirements that may apply. f. Onsite water quality detention is required in the Old Town drainage basin with the default release rate of the 2 year historic. Modifications of the release rate could be considered especially if the site can drain directly to the Poudre River. If the existing stormsewer is to be used, the capacity of it may dictate the site release rate. 3. Engineering Department: a. Street Oversizing Fees are $1.83/square foot for fitness clubs. Check with Matt Baker for the specific amount of this fee for your project. b. Willow will need right-of-way dedicated to major collector standards (66' wide), and improved to standards. Refer to the Master Street Plan and the North College Access Management Plan. 2 c. If the property hasn�t been platted already, it will need to be platted as part of this project. d. Any right-of-way and/or easements being dedicated need to be in compliance with all environmental protection and anti-pollution laws. e. Pine Street needs approved public right-of-way termination or it needs to be vacated. f. The project will require a Traffic Impact Study (US) that addresses site access, and all modes of transportation including automobile, bicycle, pedestrian, and transit. g. You will be required to have a Development Agreement, a Development Construction Permit, and Utility Plans. h. More detailed comments will be made at the time of submittal, or when more information is provided. 4. Water 4 Wastewater Utility: Location: 112E Willow Street (G-8) Proposal: Demolish and construct new Aztlan Community Center Ex. Mains: Water: 8-inch in Willow, 6-inch in Pine, ?-inch in Poudre Sewer: 36-inch in Willow, 21-inch in Pine, 6-inch in Poudre Comments: Any connections to the two large trunk sewers must be made at a MET. The water conservation standards for landscape and irrigation will apply to the site, and Plan Investment Fees and water rights will be due at time of building permit. 5. Natural Resources: a. Buildings need to stay out of the Poudre River Buffer. b. The Environmental Assesment effort should be coordinated with Margit Hentschel in the Natural Resources Department [221-6600]. c. If there any prairie dogs on site, they will have to be relocated or humainly eradicated. d. Trash enclosures should accommodate recycling containers of sufficient size to accommodate the type of recycling appropriate for the building use (cardboard, cans, plastics, etc.), and dumpsters must be enclosed within a fenced or walled area. e. Native grasses and plant materials should be used wherever appropriate, and bluegrasses should be minimized. f. If construction lasts for more than 6 months, you will have to file a permit for fugitive dust control with Lorimer County. 6. Fire Department: a. Address must be visible from the street using a minimum 6" numerals on a contrasting background. b. There needs to be a hydrant within 300 feet of the building at 1500 g.p.m. at 20 p.s.i. 3 c. A fire lane will probably be needed. d. The building is required to face and open directly onto the adjacent street to the maximum extent feasible. e, The building will need to be sprinklered. f. The project will possibly need a Hazardous Material Impact Analysis. 7. Light and Power: a. Development charges have probably been paid already. b. The existing transformer sits in the front corner. If it needs to be relocated, it will be at the developer�s expense. c. There may be a pay increase between current use and the new use. d. There is power available. 8. Transportation: a. The TIS update will need to address all modes of transportation including vehicle, bicycle, pedestrian and transit. Contact Eric Bracke (vehicular), Tom Reiff (ped � bike), and Gayleene Rossiter (transit) for scoping. b. A trail connection is recommended to the building and to Willow Street. c. Bicycle parking must be provided near building entrances. d. The future alignment of Willow will need an interdepartmental discussion to resolve. e. There needs to be cross access between the 2 lots. Shared parking is encouraged. f. Contact Kathleen Reavis regarding the North College Avenue Access Management Plan. This plan will be looking at the Willow alignment. It�s looking like Willow will be a collector without parking. 9. Advance Planning: a. Section 3.5.3(B) requires that at least one main entrance face and open directly onto a connecting walkway with pedestrian frontage. "Connecting walkway" is defined in Article 5 of the LUC as "(1) any street sidewalk, or (2) any walkway that directly connects a main entrance of a building to the street sidewalk without requiring pedestrians to walk across parking lots or driveways, around buildings or around parking lot outlines which are not aligned to a logical route." 10. Current Planning: a. Refer to Section 3 (General Development Standards), and Section 4.10 � 4.13 (POL � RbR Zoning Districts) in the Land Use Code for the standards that apply to your proposed development. The Land Use Code is available to view on the internet at htcp://www.fcgov.comlcitclerk/codes.php. 4 b. If there is a subdivision plat as part of this development request, you will be required to provide a copy of "Certificate of Taxes Due" with the mylar of the subdivision plat when it is brought to the City's Current Planning Department for recording. The certificate may be obtained from the Lorimer County Treasurer's Office and must reflect a zero (0) balance before the City will accept the mylar. Lorimer County is requiring this document, showing no outstanding property taxes, before they will record subdivision plats. c. Street trees will be required along Willow Street at 30 foot to 40 foot spacing intervals. d. Building massing and design will be subject to 3.5.3 of the LUC which will require "variation in massing," "facade articulation," and "top & base treatments." e. The building orientation will need to be in accordance with 3.5.3 of the LUC. 5 Prerpeea+i.soil and ground water sample locations Approximate d riection of groundwater flow Approximate location of � historic gas holders Approximate boundaries of historic gas plant DCity Property fK Building A/ Street Railroad LW River Proposed Soil and. Groundwater Sample Locations Project: 3368-010 Date:12/00 Figure: 3 Page 40 of 85 EXHIBIT 4 MILESTONE SCHEDULE NORTHSIDE AZTLAN CENTER-DESIGN/BUILD Use Existing Willow Street Site Issued: June 22, 2004 Revised: November 22, 2004 Revised: February 22, 2005 Item Schedule Start Project November 17, 2004 Begin RFP Work for Design/Build Services January 15, 2005 Complete RFP for Design/Build Services February 28, 2005 Solicit Design/Build Teams through Purchasing March 1, 2005 Receive Proposals- Step 1 March 25, 2005 First Neighborhood Meeting March 30, 2005 Select Three Design/Build Teams April 8, 2005 Submit Information to Three Design/Build Teams-Step 2 April 11, 2005 Receive Design/Build Proposals from Three Teams May 20, 2005 Select Design/Build Team June 6, 2005 Notice to Proceed- Design/Build Team July 11, 2005 Complete Conceptual/Preliminary Design Services April 1, 2006 Review by Parks & Recreation Board April 26, 2006 Review by City Council May 9, 2006 Notice to Proceed- Final Design Services May 15, 2006 Second Neighborhood Meeting July 27, 2006 Complete Final Design Services September 15, 2006 Notice To Proceed- Construction October 15, 2006 Complete Construction August 15, 2007 Occupy New Facility September 15, 2007 Demolition of Existing Building October 1, 2007 Complete Site Work November 30, 2007 One Year Warranty August 15, 2008 Close Out Project August 1, 2009 CLRS Director Marty Heffernan Recreation Manager Jean Helburg Admin. Support Supervisor Janet Urban Administrator Youth Programs Peggy Bowers Administrator Sports Terry Keith Administrator Adult Programs Steve Budner Administrator Ice/Aquatics Mike McDonnell Promotions Coordinator Paula Watson-Lakamp Marketing Specialist Kim Vecchio Communication Specialist Korrie Johnston Admin. Clerks Carol Fahring (2nd frozen) Farm Supervisor Bridget Brownell YAC Technician Jim White NACC Supervisor Debra Bueno Admin. Clerk Jamie Schmidt Therapeutics Specialist Renee Lee Senior Center Coordinator Marc Rademacher Coordinator Tom Zimdahl Technician Bill Borland Service Rep. Karen Bryner Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: STEP II: P983 Northside Aztlan Center-Design/Build OPENING DATE: May 20, 2005 3:00 P.M. (Our Clock) To all Step II Design/Build Team finalists under the specifications and contract documents described above, the following changes are hereby made. Step II Pre-proposal Meeting: April 19th, 2005 at 10:30 a.m. at the Operations Services building located at 117 N. Mason, Fort Collins, CO 80524. Additional Documents: As per instruction for Step II, the design/build team finalists for The Northside Aztlan Community Center project may obtain the following documents by picking up a package from Purchasing at: 215 N. Mason Street, Fort Collins, Colorado, any time after 1:30 PM, Monday, April 11, 2005. Items: a. Schematic Space Plan, April 2005* b. List of Expectations: not provided. See RFP Chapter 2 – Objectives c. Site Boundary Survey - , 1978, by Brad Smith, Associates d. Topographic drawing, August 2002, The Engineering Company* e. Preliminary Geotechnical Report, September 2002, by Terracon* f. See statement in RFP statement* 1. Reasonable Steps 2. Health and Safety Plan Maps: Site Location Plume Map SA Drilling Locations with Extent of Coal Tar Imports Conceptual Site Model Diagram Geologic Cross Section A-A g. Floor Plan – Existing Northside Aztlan Center h. See RFP comment. Budget = 7.8M to 8.1M* *Available electronically by request. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Northside Aztlan Community Center Conceptual Space Plan April, 2005 SPACES NOTES Gymnasium Wood floor 3 full, 6 cross courts Divider curtains; spectator seating Gymnasium equipment storage Multi-purpose room for wrestling, boxing Reuse portion of current gym floor Storage for mats, bags Locker rooms 2-3 family change rooms Multi-purpose room for social activities 2-3 sections with dividers, with performance stage; table/chair storage; dance floor area Kitchen With concession window; Room to seat a class of 12; Exterior service entrance Adjacent to meal site space Kitchen storage room Lobby and reception 2-3 computer stations; vending 4 Classrooms 1 w/ sink, wall cabinets 1w/attached tot bathroom and storage closet Cardio/weights/workout area Dance, aerobics, yoga area Suspended floor; storage; mirrors Computer lab Table space for studying Office space 5 staff w/ work room, Storage, staff lounge Conference/meeting room Restrooms Intergenerational social area Room for 3 pool tables w/ TV lounge and card tables Indoor jog/walk track Upper and lower level custodial closets Room for equipment/supply storage Circulation Incl. stairs/elevator Outdoor spaces: Patio area close to intergenerational area Replace skate park pad with concrete (above-ground equipment provided by City) Playground replacement (equipment coordinated with and provided by City) Parking – minimum 175 spaces; minimum 15 designated for persons with disabilities Outdoor basketball court replacement; reuse light fixtures Space for 3-4 outdoor handball courts – private group to provide $75,000; design for future lights Northside Aztlan Community Center Conceptual Space Plan June, 2002 updated February, 2005 SPACES SQUARE FEET NOTES Gymnasium – 3 courts 18,000 Divider curtains; Spectator seating Gymnasium storage 1,200 Multi-purpose room for wrestling, boxing, including storage for mats 2,200 Locker rooms 2,200 With 2 family change Multi-purpose room for social activities (3 sections) 4,200 With performance stage Kitchen 800 With concession window; Room to seat a class of 12; Exterior service entrance Kitchen storage room 100 Lobby and reception (2 stations) 1,800 Tot area with outside access/enclosed play area and bathrooms 1,300 Cardio/weights/exercise area 2,200 4 Classrooms, 2 w/ sinks, wall cabinets 2,240 Computer lab 650 Office space 2,000 5 staff w/ work room, Storage, staff lounge Conference/meeting room 520 Upstairs restrooms 400 Intergenerational social area 800 Suspended jog/walk track around gym 2,300 Upper and lower level custodial closets 200 Room for equipment and supply storage Sub-total: 43,110 Circulation (20%) 8,622 Incl. stairs/elevator TOTAL: 51,732 square feet Outdoor spaces: Patio area close to intergenerational area Skate park pad for above-ground equipment Playground replacement Parking – 175 spaces; 15 designated for persons with disabilities Outdoor basketball court replacement; reuse light fixtures Space for outdoor handball courts – private group to provide some funding CHAPTER 2 – OBJECTIVES I. DESCRIPTION The proposed project is the design and construction of an approximately 50,000 sq. ft. Recreational Facility. The Facility will serve the entire Fort Collins Community and will include a three court gymnasium; multi-purpose room for wrestling & boxing; multi-purpose room for social activities; cardio, weights, and exercise area; classrooms; kitchen; computer lab; conference/meeting rooms; intergenerational lounge; jog/walk track around gym (second floor); staff offices; lobby; locker rooms; bathrooms; storage and mechanical areas. The site needs will include patio area; skate park (use existing); playground (relocate); outdoor basketball court (lighted); outdoor handball/racquetball court; and parking. (Parking will require a detailed parking study of the entire neighborhood). The new Facility will replace the existing Facility. It is intended the existing facility will remain open during the design and construction of the new facility. The old facility will be removed and converted to parking and other designed features after the new facility has opened. The project will conform to the City of Fort Collins Land Use Code. II. IMAGE • Project Positive Image to the Community a. Convey sense of permanence and community pride. b. Timeless look, not “trendy”. c. Avoid flashy or expensive looking. d. Solid and permanent e. Useful and efficient f. Fits well into site/environment • Welcome Person with all Levels of Abilities a. ADA requirements will be paramount. b. Friendly barrier-free design. c. Integrate the disabled without stigmatizing them. d. Universal design for entire population (all ages, all levels of ability). e. Warm, professional and welcoming. f. Wide, well lighted corridors. g. The building should “delight” visitors. h. Enough entries to be convenient to approach from more than one direction. III. FLEXIBILITY/DURABILITY • Avoid having the Building Become “Outdated” in 5-10 Years a. “Serviceable” life of the building anticipated to be 50+ years. b. Plan for changes. c. Maximize use of re-locatable/reusable/recyclable products. d. Maintain “modular” space standards as identified in the program. e. Plan for future expansion. • Reduce On-Going Maintenance and Repair Costs a. Reduce need to repair or replace equipment and materials. b. Use materials that prolong the useful service life of the building. c. Ensure equipment and corresponding distribution network is accessible for serviceability. d. Consider maintenance cost in the life cycle analyses of equipment, systems and materials. IV. WORK ENVIRONMENT a. Recognizing that people are the highest cost associated with buildings, provide an “uplifted” work environment that supports and enhances worker productivity. b. Design high quality lighting utilizing daylighting and quality electric lighting. c. Maximize visual connections to the outdoors without negatively, impacting energy use. d. Create a thermally comfortable environment with minimal use of energy. e. Provide good indoor air quality through use of less toxic materials, well-designed ventilation, etc. f. Minimize HVAC, and other equipment noise. V. SUSTAINABLE DESIGN It is the intent of the City of Fort Collins that the project earns enough credits using the US Green Building Council’s (USGBC) LEED™ Green Building Rating System to earn a “Silver” certification. The most current version of LEED™ at the time of the project design shall be used. In this context, it is desired that particular attention be given to building shape and orientation to optimize daylighting potential while minimizing unwanted heat gain and glare. Addendum 2C Site Boundary Survey 1978 Brad Smith Associates Addendum 2D Topographic Drawing, August 2002 The Engineering Company September 30, 2002 City of Fort Collins Operations Services Department Project Management, Planning & Design 117 North Mason Street P.O. Box 580 Fort Collins, Colorado 80522-0580 Attn: Mr. Jack Gianola, P.E. Project Manager Re: Preliminary Geotechnical Engineering Report – Feasibility Study Delineation of Former Landfill – Northside Aztlan Community Center North of Willow Street, East of College Avenue, and West of Linden Street Fort Collins, Colorado Terracon Project No. 20025143 Terracon has completed a preliminary geotechnical engineering subsurface exploration/feasibility study for the above-referenced site. We understand a new community center complex is to be constructed near the location of the existing Northside Aztlan Community Center. The site for the project, based on previous site explorations conducted by our predecessor, Empire Laboratories, Inc., (ELI) as well as environmental assessments conducted by Walsh Environmental Scientists and Engineers, LLC, (Walsh), of Golden, Colorado, reveal the majority of the site is underlain by landfill/miscellaneous debris materials. The site has been considered the “Old City of Fort Collins’ Dump”, and the project team is in the process of determining the “best-fit,” most “economical” location for the new building based on the limits of the underlying landfill materials and depth to bedrock. PREVIOUS EXPLORATION Terracon and our predecessor, Empire Laboratories, Inc. have performed a variety of geotechnical engineering subsurface explorations for the above-referenced site as indicated on the enclosed Site Plan, Figure No. 2. For further information and findings thereof, please refer to our “Report of a Preliminary Soils and Foundation Investigation” dated October 5, 1973, Project No. 1543-73, “Report of a Geotechnical Investigation for Northside-Aztlan Community Center” dated May 21, 1984, Project No. 5411-84, and our “Geotechnical Engineering Report Northside Aztlan Community Center Outdoor Basketball Court” dated February 27, 1995, Project No. 20955020. Portions of the site are underlain by landfill/miscellaneous debris, which may inhibit the selection process. Walsh Environmental Scientists and Engineers, LLC are included on the team and are in the process of providing the appropriate environmental issues and concerns for the project. Subsurface soil, landfill and depth to bedrock field results from our previous site explorations are being incorporated into this preliminary feasibility study. The Test Boring Plan, Figure No. 2, included with this report indicates the approximate locations of our previous borings as well as the most recent test borings, (I.E. Test Boring Nos. 19 through 22) drilled at the site on September 18, 2002. City of Fort Collins – Northside Aztlan Community Center Terracon Preliminary Geotechnical Engineering Report/Feasibility Study Fort Collins, Colorado Project No. 20025143 Page 2 PROJECT INFORMATION It is our understanding a new community center is to be constructed at the site, with the conceptual layout and design plans being developed by Aller Lingle Architects of Fort Collins, Colorado. Presently, we understand 3 alternative locations on the property are being considered; on the east side, the south side and/or the west side of the existing facility. Previous test borings conducted by ELI, Walsh, and Terracon, revealed landfill materials throughout the majority of the site, with limited exploration activities along the southern portion of the site. Therefore, in an effort to provide supplemental information with regards to the presence of landfill debris and depth to bedrock, Terracon drilled 4 additional test borings at locations shown on the enclosed Site Plan, Figure No. 2. The intent of this report is to enable the design team to determine the appropriate location for the new building, realizing supplemental geotechnical engineering explorations may be required after the footprint has been selected. Supplemental Field Exploration Activities A total of 4 additional test borings, identified as Test Boring Nos. 19 through 22, were drilled at the site on September 18, 2002, to approximate depths of 15 to 25-feet below existing site grades at the locations shown on the enclosed Site Plan, Figure Nos. 2 and 3. All of the additional test borings drilled at the site were advanced with a truck-mounted drilling rig, utilizing 3-1/4-inch inside diameter hollow stem augers. The boring locations were determined by measurements from existing site features. Ground surface elevations at each test boring location were determined by Terracon using an engineers level and referenced to a temporary benchmark (TBM) consisting of the finished floor elevation of the existing building. The accuracy of boring locations and elevations should only be assumed to the level implied by the methods used. Lithologic logs of each test boring were recorded by the engineering geologist during the drilling operations. At selected intervals, samples of the subsurface materials were taken by means of driving split-spoon samplers and ring barrels into the underlying strata. Penetration resistance measurements were obtained by driving the split-spoon into the subsurface materials with a 140-pound hammer falling 30 inches. The penetration resistance value is a useful index in estimating the consistency, relative density or hardness of the materials encountered. Groundwater conditions were evaluated in each boring at the time of site exploration, and after drilling. Soil Conditions The subsurface conditions encountered at the site within the 4 supplemental test borings generally consisted of approximately 3 to 10-feet of landfill/miscellaneous debris, underlain by silty sand gravel, which extended to the bedrock below. Sandstone bedrock was encountered in each supplemental boring at approximate depths of 8 to 18-feet below existing site grades and extended to the depths explored. The landfill debris, soil, bedrock and groundwater profiles described herein, are similar to those City of Fort Collins – Northside Aztlan Community Center Terracon Preliminary Geotechnical Engineering Report/Feasibility Study Fort Collins, Colorado Project No. 20025143 Page 3 encountered in previous explorations. A bedrock contour map was developed for the site based on surface elevations at each test boring and approximate depths at which bedrock was encountered and is presented as Figure No. 3. Variation may exist across the site and/or between each test boring, however, use of the enclosed Bedrock Map should assist the design/project team to “best-fit” the proposed new building location. The stratification boundaries shown on the enclosed boring logs represent the approximate locations of changes in soil types; in-situ, the transition of materials may be gradual. The following provides a tabular description of the subsurface conditions encountered at the site from previous test borings to the most recent borings. Subsurface Fill, Soil, Bedrock and Groundwater Conditions, ft. (1) bsg Overburden Soils Test Boring No. Date Drilled Approximate Surface Elevation Landfill Materials Sandy Lean Clay Silty, Sand with Gravel Bedrock Groundwater 1 9-15-73 4964.5 0-11.5 --- 11.5-19.0 19.0-24.1 15.0 2 9-15-73 4965.5 0-10.0 --- 10.0-21.5 21.5-24.2 15.0 3 9-15-73 4963.0 0.0-12.0 --- 12.0-18.5 18.5-23.2 12.5 4 9-15-73 4963.0 0.0-13.5 --- 13.5-19.0 19.0-24.2 14.0 5 9-15-73 4960.5 0.0-14.5 --- 14.5-18.5 18.5-24.3 13.0 6 9-15-73 4963.5 0.0-11.5 --- 11.5-19.0 19.0-27 13.0 7 9-15-73 4962.5 0.0-11.5 --- 11.5-17.0 17.0-24 12.0 8 9-15-73 4962.5 0.0-11.5 --- 11.5-19.0 19.0-24.1 14.0 9 9-15-73 4960.0 0.0-11.0 --- 11.0-17.5 17.5-19.3 13.0 10 9-15-73 4957.0 0.0-9.5 --- 9.5-16.0 16.0-24.3 10.5 11 4-1-84 4963.5 0.0-9.5 9.5-10.5 10.5-17.5 17.5-25.3 12.0 12 4-1-84 4964.5 0.0-8.5 8.5-9.0 9.0-18.0 18.0-25.2 12.0 13 4-1-84 4964.5 0.0-11.0 --- 11.0-21.5 21.5-29.3 12.0 14 4-1-84 4963.5 0.0-9.0 9.0-14.0 14.0-18.0 18.0-25.1 11.0 15 4-1-84 4964.5 0.0-9.0 9.0-12.5 12.5-19.0 19.0-30.2 12.5 16 4-1-84 4963.5 0.0-10.5 10.5-12.5 12.5-18.5 18.5-30.3 12.5 17 2-15-95 4964.5 0.0-7.5 7.5-13.0 13.0-19.5 19.5-24.3 11.7 18 2-15-95 4964.0 0.0-8.0 8.0-12.0 12.0-17.0 17.0-24.2 13.1 19 9-18-02 4967.0 0.0-9.5 --- 9.5-17.5 17.5-19.3 13.5 20 9-18-02 4967.0 0.0-3.0 --- 3.0-8.0 8.0-14.2 Dry to 14.2 21 9-18-02 4963.0 0.0-10.0 --- 10.0-17.0 17.0-19.2 10.5 22 9-18-02 4962.5 0.0-10.5 --- 10.5-18.0 18.0-24.3 11.0 (1) bsg denotes: Below surface grades City of Fort Collins – Northside Aztlan Community Center Terracon Preliminary Geotechnical Engineering Report/Feasibility Study Fort Collins, Colorado Project No. 20025143 Page 4 Groundwater Conditions Groundwater was encountered in the additional test borings at approximate depths of 10-1/2 to 13-1/2- feet below existing site grades in Test Boring Nos. 19, 21, and 22. Groundwater was not encountered to maximum depths of exploration, approximate 14-1/2-feet in Test Boring No. 20. Groundwater levels, as shown on the previous table, were typically encountered between depths of 10-1/2 to 15-feet below site grades. The possibility of groundwater fluctuations should be considered when developing design and construction plans for the project. These observations represent groundwater conditions at the time of the field exploration, and may not be indicative of other times, or at other locations. Groundwater levels can be expected to fluctuate with varying seasonal and weather conditions as well as volume of flow in the Cache La Poudre River, which meanders along the northern boundaries of the site. PRELIMINARY ENGINEERING ANALYSES AND RECOMMENDATIONS Geotechnical Considerations The site appears suitable for the proposed construction from a geotechnical engineering point of view. Depending upon the final location of the proposed building footprint, the maximum design wall and column loads, the depth of landfill material within the proposed footprint as well as the depth to bedrock, the following foundation systems are being presented for consideration for use on the site: • Grade beams and straight shaft piers/caisson drilled into the bedrock; and • Spread footings bearing on undisturbed native soils at depths below the landfill material, and/or placed engineered fill which has been extended to the native subsoils. A final geotechnical engineering exploration should be performed for the site after a determination has been decided for the proposed building footprint to verify the subsurface conditions prior to design and construction of the foundation system. Slab-on-grade construction is considered acceptable for use on the site if placed on native subsoils and/or on engineered fill material extended to the native stratum below the landfill debris. Depending upon the final building footprint location, and depth of landfill debris, consideration should be given to the use of a structural floor system designed and constructed independent and isolated from the subsurface materials. Preliminary Spread Footing Foundation System Due to the presence of existing landfill/miscellaneous debris encountered beneath the majority of the site, a spread footing foundation system could be utilized provided placement is on the native undisturbed subsoils and/or on engineered fill material which has been extended to the underlying native subsoils. Consideration could be given to removing the landfill/miscellaneous debris within the building footprint, and replacing with approved fill materials. If this option is selected the existing landfill debris should be excavated to the native stratum below, verified by a geotechnical engineer and wasted from the site. City of Fort Collins – Northside Aztlan Community Center Terracon Preliminary Geotechnical Engineering Report/Feasibility Study Fort Collins, Colorado Project No. 20025143 Page 5 Approved fill material should be then be placed in uniform lifts, moisture conditioned to near optimum moisture content, (i.e. plus or minus 2 percent) and mechanically compacted to 98 percent of Standard Proctor Density ASTM D698. Footings could then be placed on a minimum 3-foot thickness of engineered fill material and be designed for a net allowable bearing pressure ranging between 1,500 to 3,000 pounds per square foot (psf). It is recommended these design values be confirmed during the comprehensive/final geotechnical engineering exploration. Preliminary Grade Beam and Drilled Pier Foundation System Due to the presence of the landfill/miscellaneous debris and the depth to bedrock on the order of 8 to 21- feet below site grades an alternative foundation system would be to support the proposed new community center building on a grade beam and straight shaft drilled pier/caisson foundation system. Straight shaft piers, drilled a minimum of 8-feet into firm or harder bedrock, with a minimum shaft length of at least 20- feet are recommended. For axial compression loads, piers could be designed for a net allowable end-bearing pressure ranging of between 15,000 psf to 25,000 psf, along with skin friction values ranging between 1,500 psf to 2,500 psf for the portion of the pier in firm or harder bedrock. GENERAL COMMENTS Terracon should be retained to review the final design plans and specifications so comments can be made regarding interpretation and implementation of our preliminary geotechnical recommendations in selected location of the proposed building footprint as well as for the design and project specifications. Terracon also should be retained to provide a final/comprehensive geotechnical engineering exploration after the building footprint has been selected and during construction performing the required testing and observation during excavation, grading, and construction phases of the project. The analysis and recommendations presented in this report are based upon the data obtained from the borings performed at the indicated locations and from other information discussed in this report. This report does not reflect variations, which may occur between borings, across the site, or due to the modifying effects of weather. The nature and extent of such variations may not become evident until during or after construction. If variations appear, we should be immediately notified so that further evaluation and supplemental recommendations can be provided. The scope of services for this project does not include either specifically or by implication any environmental assessment of the site or identification of contaminated or hazardous materials or conditions. If the owner is concerned about the potential for such contamination, other studies should be undertaken. It is our understanding Walsh is providing the necessary environmental assessments for the site. City of Fort Collins – Northside Aztlan Community Center Terracon Preliminary Geotechnical Engineering Report/Feasibility Study Fort Collins, Colorado Project No. 20025143 Page 6 This report has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical engineering practices. No warranties, express or implied, are intended or made. Site safety, excavation support, and dewatering requirements are the responsibility of others. In the event that changes in the nature, design, or location of the project as outlined in this report, are planned, the conclusions and recommendations contained in this report shall not be considered valid unless Terracon reviews the changes, and either verifies or modifies the conclusions of this report in writing. We appreciate the opportunity to be of service to you on this phase of your project. If you have any questions concerning this report, or if we may be of further service to you, please feel free to contact us at your convenience. Sincerely, TERRACON David A. Richer, P.E. Geotechnical Engineer/Department Manager Reviewed by: Doug J. Jobe, P.E. Office Manager Enclosures: Vicinity Map – Figure No. 1 Test Boring Location Plan – Figure No. 2 Bedrock Contour Map – Figure No. 3 Aerial Photograph – Figure No. 4 Log of Borings – Nos. 1 through 22 Copies to: (3) Addressee (2) Mr. Dave Lingle, AIA – Aller Lingle Architects, P.C. (2) Mr. Rick R. Pickard, P.E. and Mr. Richard Pals – The Engineering Company 11.5 19 20 24.1 4953 4945.5 4944.5 4940.5 LANDFILL MATERIAL SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SANDSTONE Tan, gray, moist, poorly cemented SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS SS SS 12 12 2 1 1 2 3 4 2 7 50/0.2 50/0.1 TESTS Approx. Surface Elev.: 4964.5 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 1 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 9-15-73 15.0 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL 10 21.5 22.5 24.2 4955.5 4944 4943 4941.5 LANDFILL MATERIAL SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SANDSTONE Tan, gray, moist, poorly cemented SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS SS 12 12 2 1 2 3 6 42 50/0.2 TESTS Approx. Surface Elev.: 4965.5 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 2 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 9-15-73 15.0 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED NRS RIG FOREMAN NRS WD 9-15-73 SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 12 18.5 19.5 23.2 4951 4944.5 4943.5 4940 LANDFILL MATERIAL SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SANDSTONE Tan, gray, moist, poorly cemented SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS SS 12 12 2 1 2 3 3 29 50/0.2 TESTS Approx. Surface Elev.: 4963 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 3 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 9-15-73 12.5 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED 13.5 19 20 24.2 4949.5 4944 4943 4939 LANDFILL MATERIAL SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SANDSTONE Tan, gray, moist, poorly cemented SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS SS 12 12 2 1 2 3 2 50 50/0.2 TESTS Approx. Surface Elev.: 4963 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 4 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 9-15-73 14.0 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED NRS RIG FOREMAN NRS WD 9-15-73 14.5 18.5 22 24.3 4946 4942 4938.5 4936 LANDFILL MATERIAL SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SANDSTONE Tan, gray, moist, poorly cemented SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS SS 12 12 4 1 2 3 9 15 50/0.3 TESTS Approx. Surface Elev.: 4960.5 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 5 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 9-15-73 13.0 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED NRS RIG FOREMAN NRS WD 9-15-73 NR 1 2 3 7 18 50/0 TESTS Approx. Surface Elev.: 4963.5 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 6 APPROVED JOB # ARCHITECT/ENGINEER 11.5 19 20 27 4952 4944.5 4943.5 4936.5 LANDFILL MATERIAL SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SANDSTONE Tan, gray, moist, poorly cemented SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS SS 12 12 GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 9-15-73 13.0 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED NRS RIG FOREMAN NRS WD 9-15-73 11.5 17 18 24 4951 4945.5 4944.5 4938.5 LANDFILL MATERIAL SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SANDSTONE Tan, gray, moist, poorly cemented SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS 12 NR 1 2 20 50/0 TESTS Approx. Surface Elev.: 4962.5 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 7 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 9-15-73 12.0 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED NRS RIG FOREMAN NRS WD 9-15-73 WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES BORING COMPLETED NRS RIG FOREMAN NRS WD 9-15-73 WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado 11.5 19 20 24.1 4951 4943.5 4942.5 4938.5 LANDFILL MATERIAL SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SANDSTONE Tan, gray, moist, poorly cemented SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS SS 12 12 1 1 2 3 9 29 50/0.1 TESTS Approx. Surface Elev.: 4962.5 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 8 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 9-15-73 14.0 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 11 17.5 18.5 19.3 4949 4942.5 4941.5 4940.5 LANDFILL MATERIAL SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SANDSTONE Tan, gray, moist, poorly cemented SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS 12 3 1 2 3 0.3 TESTS Approx. Surface Elev.: 4960 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 9 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 9-15-73 13 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED NRS RIG FOREMAN NRS WD 9-15-73 WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES 9.5 16 17 24.3 4947.5 4941 4940 4932.5 LANDFILL MATERIAL SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SANDSTONE Tan, gray, moist, poorly cemented SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS 9 3 1 2 50/0.8 50/0.3 TESTS Approx. Surface Elev.: 4957 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 10 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 9-15-73 10.5 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED NRS RIG FOREMAN NRS WD 9-15-73 WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES 0.5 9.5 10.5 17.5 18.5 25.3 4963 4954 4953 4946 4945 4938 6' TOPSOIL LANDFILL MATERIAL SANDY LEAN CLAY Brown, moist, medium stiff SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SILTSTONE/SANDSTONE Tan, gray, moist, poorly cemented SILTSTONE/SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS ST SS SS ST SS SS ST SS SS SS SS SS 12 12 6 12 12 12 12 12 12 12 12 12 5 3 1 2 3 4 5 6 7 0.5 8.5 9 18 18.5 25.2 4964 4956 4955.5 4946.5 4946 4939.5 6' TOPSOIL LANDFILL MATERIAL SANDY LEAN CLAY Brown, moist, medium stiff SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SILTSTONE/SANDSTONE Tan, gray, moist, poorly cemented SILTSTONE/SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS ST SS SS ST SS SS ST SS SS SS SS 12 12 6 12 12 12 12 12 12 12 12 6 2 1 2 3 4 5 6 7 8 9 0.5 11 21.5 22 29.3 4964 4953.5 4943 4942.5 4935 6' TOPSOIL LANDFILL MATERIAL SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SILTSTONE/SANDSTONE Tan, gray, moist, poorly cemented SILTSTONE/SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS ST ST SS ST SS SS SS SS SS SS SS SS 6 12 12 12 12 12 12 12 12 12 12 3 3 1 2 3 5 6 7 8 9 10 11 12 13 14 0.5 9 14 18 18.5 25.1 4963 4954.5 4949.5 4945.5 4945 4938.5 6' TOPSOIL LANDFILL MATERIAL SANDY LEAN CLAY Brown, moist, medium stiff SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SILTSTONE/SANDSTONE Tan, gray, moist, poorly cemented SILTSTONE/SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS ST SS SS ST SS SS ST SS SS SS SS SS 12 12 6 12 12 12 12 12 12 12 12 12 3 1 1 2 3 4 5 6 7 0.5 9 12.5 19 19.5 30.2 4964 4955.5 4952 4945.5 4945 4934.5 6' TOPSOIL LANDFILL MATERIAL SANDY LEAN CLAY Brown, moist, medium stiff SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SILTSTONE/SANDSTONE Tan, gray, moist, poorly cemented SILTSTONE/SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS ST SS SS ST SS SS ST SS SS SS SS SS SS 12 12 6 12 12 12 12 12 12 12 12 12 8 3 2 1 2 3 4 5 0.5 10.5 12.5 18.5 19 30.3 4963 4953 4951 4945 4944.5 4933 6' TOPSOIL LANDFILL MATERIAL SANDY LEAN CLAY Brown, moist, medium stiff SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SILTSTONE/SANDSTONE Tan, gray, moist, poorly cemented SILTSTONE/SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS ST SS SS ST SS SS ST SS SS SS SS SS SS 12 12 6 12 12 12 12 12 12 12 12 12 9 3 3 1 2 3 4 5 7.5 13 19.5 21 24.3 4957 4951.5 4945 4943.5 4940 LANDFILL MATERIAL SILTY CLAY with SAND Brown, moist, medium stiff SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SANDSTONE Tan, gray, moist, poorly cemented SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS ST SS ST SS SS SS 12 12 12 12 12 12 12 4 1 2 3 4 5 6 7 8 20 9 4 9 32 50/0.3 TESTS Approx. Surface Elev.: 4964.5 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT City of Fort Collins Facilities CLIENT LOG OF BORING NO. 18 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 8 12 17 19 24.2 4956 4952 4947 4945 4940 LANDFILL MATERIAL SILTY CLAY with SAND Brown, moist, medium stiff SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, loose to medium dense WEATHERED SANDSTONE Tan, gray, moist, poorly cemented SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS ST SS ST SS SS SS SS 12 12 12 12 12 12 4 2 1 3 2 5 4 6 7 8 7 5 7 26 50/0.3 50/0.2 0.0002 0.5 9.5 17.5 18 19.3 4966.5 4957.5 4949.5 4949 4947.5 6" TOPSOIL/LANDSCAPE MATERIAL LANDFILL MATERIAL Sandy Lean Clay and Silty Sand with Gravel trace Cobbles and Brick, Wood, and Glass, Debris Fragments Brown, Gray, moist, medium stiff SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, medium dense to dense * Intermittent Dense Cobble Layers Encountered WEATHERED SANDSTONE Tan, gray, moist, poorly cemented SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS SS SS SS SS SS SS 12 12 12 12 12 12 12 3 1 2 3 4 5 6 7 8 6 7 5 5 35 50 14 50/0.3 0.0001 0.5 3 8 9 14.2 4966.5 4964 4959 4958 4953 6" TOPSOIL/LANDSCAPE MATERIAL LANDFILL MATERIAL Sandy Lean Clay with Gravel trace Cobbles and Brick, Wood, and Glass, Debris Fragments Brown, Gray, moist, medium stiff SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, medium dense to dense * Intermittent Dense Cobble Layers Encountered WEATHERED SANDSTONE Tan, gray, moist, poorly cemented SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS SS SS SS 12 12 12 10 2 1 2 3 4 5 11 12 36 50/0.8 50/0.2 5.4 1.6 13.7 15.3 TESTS Approx. Surface Elev.: 4967 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities % WATER 0.3 0.5 10 17 18 19.2 4962.5 4962.5 4953 4946 4945 4944 3" ASPHALT 3" AGGREGATE BASE COURSE LANDFILL MATERIAL Sandy Lean Clay with Gravel trace Cobbles and Brick, Wood, and Glass, Debris Fragments Brown, Gray, moist, soft to medium stiff SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, medium dense to dense * Intermittent Dense Cobble Layers Encountered WEATHERED SANDSTONE Tan, gray, moist, poorly cemented * Strong Petro-Chemical Odor SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS SS SS SS SS SS SS 12 12 12 12 12 12 12 2 1 2 3 4 5 6 7 8 3 5 3 3 7 0.5 10.5 18 19 24.3 4962 4952 4944.5 4943.5 4938 6" TOPSOIL/LANDSCAPE MATERIAL LANDFILL MATERIAL Sandy Lean Clay with Gravel trace Cobbles and Brick, Wood, and Glass, Debris Fragments Brown, Gray, moist, medium stiff SILTY SAND with GRAVEL Tan, brown, gray, moist to wet, medium dense to dense * Intermittent Dense Cobble Layers Encountered * Intermittent Well-Graded Gravel with Sand Lenses Encountered WEATHERED SANDSTONE Tan, gray, moist, poorly cemented SANDSTONE Tan, gray, moist, cemented to well cemented BOTTOM OF BORING SS SS SS SS SS SS SS RB SS 12 12 12 12 12 12 12 6 3 1 2 3 4 5 6 7 8 9 15 13 11 14 0 10 20 30 40 50 60 0 20 40 60 80 100 19 20 22 22 SILTY SAND with GRAVEL(SM) SILTY SAND with GRAVEL(SM) SILTY SAND(SM) WELL-GRADED GRAVEL with SAND(GW) 21 13 35 2 Specimen Identification PI ML CL MH CH CL-ML P L A S T I C I T Y I N D E X LIQUID LIMIT NP NP NP NP NP NP NP NP NP NP NP NP LL PL %Fines 2.0ft 4.0ft 10.0ft 14.0ft ATTERBERG LIMITS RESULTS 1 REASONABLE STEPS AT POUDRE RIVER SITE March 2005 EPA is currently working with Public Service Company of Colorado in performing response actions to address contamination of the Poudre River by coal tar, following extensive investigations of the coal tar plume, in an area shown on the attached map that EPA generally refers to as the Poudre River Site. The bona fide prospective purchaser and contiguous property owner provisions state that a person meeting the criteria of Section 107(r) and Section 107(q) of CERCLA (Comprehensive Environmental Response, Compensation and Liability Act), 42 U.S.C. '' 9607(r) and 9607(q), respectively, is protected from CERCLA liability. However, to the extent that EPA's response action increases the fair market value of the bona fide prospective purchaser's property, EPA may have a windfall lien on the property. The windfall lien is limited to the increase in fair market value attributable to EPA's response action, capped by EPA's unrecovered response costs. To qualify as a bona fide prospective purchaser or a contiguous property owner, a person must, among other requirements, take Areasonable steps@ with respect to continuing releases, preventing threatened future releases, and preventing or limiting human, environmental, or natural resources exposure to earlier releases. As noted above, EPA has conducted investigations and is in the process of working with other parties to take steps to abate the release of coal tar at the Poudre River Site. In the process, EPA has identified a number of environmental concerns. Based on the information EPA has evaluated as of early 2005, EPA has indicated that, for an owner of the property, the following would be appropriate reasonable steps with respect to the coal tar contamination found at the property. Additional reasonable steps may become necessary if site conditions change or new information is discovered which necessitates further reasonable steps. 1. Minimize subsurface excavations to the extent possible. $ Provide above-ground, rather than underground, parking facilities. $ Use caissons, piers, pilings, and/or at-grade slab building foundations. $ Where practicable and consistent with good engineering practices, minimize burial depths of tanks, piping, foundations, and other improvements. $ During the design of underground utility installations, the design or construction of new structures or demolition of an existing structure, take into account the potential presence of the contamination that has been delineated and, to the extent practicable and consistent with good engineering practices, minimize excavation volumes. 2 $ Where practicable and consistent with good engineering practices, adopt as a preference for sewer line maintenance and repair the application of an in situ liner as opposed to removing and replacing the sewer line. $ Where practicable and consistent with good engineering practices, incorporate into new or replacement utility improvements design measures, such as protective sleeving, choice of materials and other features intended to minimize the need for future replacement or repair due to effects of subsurface contaminants. 2. Monitor for NAPL in areas in which you are performing work during any excavation. $ Use the attached plume map to identify areas where excavations may expose NAPL. $ Sample soil and water encountered during excavations, as well as air within work area during excavation and restoration. You are not required to characterize the extent of any contamination, but should be characterizing the soil and water accessed or moved during excavation, as well as the air within and above the excavation. $ Properly characterize any materials that are to be removed from the excavation prior to appropriate disposal. 3. Protect workers, bystanders and building occupants. $ Where NAPL is encountered or monitoring results indicate the presence of NAPL at levels exceeding health based standards, require workers to wear appropriate personal protective equipment and/or undertake engineering controls to accomplish the same level of worker and bystander protection. $ Provide training for workers on visual identification of NAPL as well as on the appropriate use of personal protective equipment. 4. Prevent preferential pathways that may be created by underground work. $ Use the attached plume map to identify areas where excavations may encounter NAPL. $ Seek professional assistance to design excavations in the identified areas that will not change pathway and/or rate of flow of the NAPL plume. 5. Properly dispose of contaminated materials that must be removed from the excavation in order to implement the work being performed. $ Properly characterize any materials that are to be removed from the excavation. 6. Identify and use properly licensed facilities for the disposal of the contaminated materials that must be removed from the excavation. DRAFT HEALTH AND SAFETY PLAN MATERIALS MANAGEMENT PLAN CITY OF FORT COLLINS POUDRE RIVER SUPERFUND SITE FORT COLLINS, COLORADO WALSH Project Number 5367-010 February 3, 2005 Current Revision, April 6, 2005 Lance Murray DRAFT HEALTH AND SAFETY PLAN MATERIALS MANAGEMENT PLAN CITY OF FORT COLLINS POUDRE RIVER SUPERFUND SITE FORT COLLINS, COLORADO February 3, 2005 Prepared for: Lance Murray City of Fort Collins Risk Management Division 215 North Mason Street, P.O. Box 580 Fort Collins, CO 80522 Prepared by: Timothy M. Lockhart, M.S. Industrial Hygienist Prepared by: Ronald Crandall, CHMM Senior Industrial Hygienist Reviewed by: Lindsay M. Breyer, CIH Manager of Health and Safety Services Submitted by WALSH ENVIRONMENTAL SCIENTISTS AND ENGINEERS, LLC 4888 Pearl East Circle, Suite 108 Boulder, Colorado 80301 (303) 443-3282 WALSH Project Number: 5367-010 Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 i TABLE OF CONTENTS 1 Introduction...................................................................................................................................................4 2 Scope and Application ..................................................................................................................................4 3 Work Plan Summary ....................................................................................................................................5 4 Project Team Organization..........................................................................................................................5 5 Site Control Measures...................................................................................................................................6 5.1 General ..........................................................................................................................................................6 5.2 Site Visitors....................................................................................................................................................7 6 Hazard Alalysis..............................................................................................................................................7 6.1 General Safety Issues ....................................................................................................................................8 6.2 Trrenching & Excavation.............................................................................................................................9 6.3 Confined Space..............................................................................................................................................9 6.4 General Site Safety Procedures..................................................................................................................10 7 Training Requirements...............................................................................................................................10 7.1 Equivalent Training ....................................................................................................................................11 7.2 Site personnel Potentially Exposed to Hazardous Substances ................................................................11 7.3 Occassional or Regular Site Personnel Potentially Exposed Below PEL...............................................11 7.4 Management & Supervisor Training ........................................................................................................12 8 Medical Surveilance ....................................................................................................................................12 9 Air Monitoring ............................................................................................................................................12 9.1 General.........................................................................................................................................................12 9.2 Area Sampling .............................................................................................................................................13 10 Personal Protective Equipment..................................................................................................................13 10.1 Introduction.................................................................................................................................................13 10.2 Personal Protective Equipment for Site Contaminants & Physical Hazards ........................................14 11 Decontamination .........................................................................................................................................15 11.1 General.........................................................................................................................................................15 11.2 Contamination Avoidance ..........................................................................................................................15 11.3 Personal Decontamination & Personal Hygiene.......................................................................................16 11.4 Equipment Decontamination .....................................................................................................................16 12 Materials Management Plan ......................................................................................................................16 13 Emergency Response Plan..........................................................................................................................19 13.1 Accident Prevention ....................................................................................................................................19 13.2 Personnel Roles & Responsibility ..............................................................................................................19 13.3 Emergency Contacts ...................................................................................................................................20 13.4 Procedures for Emergency Medical Treatment and First Aid................................................................21 13.4.1 Chemical Exposure .....................................................................................................................................21 13.4.2 Personal injury ............................................................................................................................................21 13.4.3 Fire or Explosion.........................................................................................................................................21 Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 ii LIST OF TABLES Table 1 Team Organization.......................................................................................................................................6 Table 2 Exposure Limits for Contaminants of Concern.........................................................................................8 Table 3 Hazards Controlled by Task........................................................................................................................9 Table 4 Levels of Protection ....................................................................................................................................14 Table 5 PPE for Levels of Protection......................................................................................................................15 Table 6 Health Concerns Associated with Soil and Ground Water.....................................................................28 Table 7 Laboratory Analytical Methods ..............................................................................................................30 Table 8 Air Monitoring Action Levels....................................................................................................................30 Table 9 Action Levels for Direct Reading Equipment ..........................................................................................31 LIST OF APPENDICES APPENDIX A: SITE DESCRIPTIONS & MAPS.……………..…………………………………………………….24 APPENDIX B: SITE CONTAMINANTS AND ASSOCIATED HEALTH CONCERNS…………………………………28 APPENDIX C: AIR MONITORING………………………………………………………………………………..29 APPENDIX D: MAP ROUTE TO HOSPITAL…………………………………………………………………...…32 Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 iii List of Acronyms CGI combustible gas indicator CO carbon monoxide HSO Health and safety officer H2S hydrogen sulfide LEL lower explosive limit MT monitoring technician O2 oxygen OSHA Occupational Safety and Health Administration PBZ personal breathing zone PID photo-ionization detector SCBA Self-contained breathing apparatus SVOCs Semi-Volatile Organic Compounds TIC The Industrial Company TWA time-weighted average VOCs Volatile Organic Compounds WALSH Walsh Environmental Scientists and Engineers, LLC Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 4 DRAFT HEALTH AND SAFETY PLAN MATERIALS MANAGEMENT PLAN CITY OF FORT COLLINS POUDRE RIVER SUPERFUND SITE FORT COLLINS, COLORADO 1 Introduction The Poudre River Superfund Site is an area of property located in Fort Collins, Colorado, between College Street on the west and the Poudre River on the north and east. For the purposes of this document, the Poudre River Superfund Site shall be defined as a 10 foot perimeter surrounding the plume of contamination identified in figure 2 of Appendix A, Lateral Extent of Contamination, October 2004. The Superfund Site is shown on the map provided in Appendix A. The Poudre River Superfund Site has historically been used for industrial businesses including a manufactured gas plant (MGP), landfill and fuel bulk plant. A plume of petroleum hydrocarbon contamination has been delineated on Site and the area has been named a Superfund Site by the U.S. Environmental Protection Agency (EPA). RETEC Group, Inc. (RETEC) has been contracted to perform drilling and soil sampling, groundwater and surface water sampling, trenching and excavation, construction, site restoration and waste water treatment operations at a portion of the Site. This area will be referred to as the RETEC Construction Area. 2 Scope & Application Walsh Environmental Scientists and Engineers, LCC (WALSH) have prepared this Health and Safety Plan (HASP) and Materials Management Plan (MMP) for City of Fort Collins employees working at the Poudre River Superfund Site. Due to the presence of soil and groundwater contamination in this area, special precautions are required to protect workers, protect the public, and prevent release and dispersion of contamination into the environment. This plan provides health and safety procedures to protect City employees working on Site where subsurface contamination may be encountered. The HASP identifies key personnel, site hazards, and includes health and safety procedures such as, Personal Protective Equipment (PPE), air monitoring procedures, site control, decontamination, emergency response, worker medical surveillance and training. The designated Health and Safety Officer (HSO) will oversee the procedures set forth by this plan. The HASP also outlines procedures designed to ensure compliance with the applicable worker health and safety and environmental protection regulations at the Poudre River Superfund Site. Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 5 This plan incorporates Occupational Safety and Health Administration (OSHA) rules and regulations, U.S. Environmental Protection Agency (EPA) regulations, State of Colorado regulations, the City of Fort Collins requirements, and WALSH recommendations to meet the specific requirements for work around the Site. This plan contains a Materials Management Plan to provide procedures to deal with contaminated materials that may be excavated, and define reasonable steps to prevent releases and limit human exposure to hazardous substances. This HASP has been prepared with available information on the hazards known to be present on this Site. If additional information is gathered during future activities, this plan shall be updated to reflect any changes in the health risk analysis or air and medical monitoring procedures. 3 Work Plan The City of Fort Collins has entered into an Administrative Order on Consent regarding removal of certain contamination from the Site along with Public Service Company (Xcel Energy) and Schrader Oil Company. The AOC specifies the reasonable steps that the City of Fort Collins must take to maintain the integrity of the remediation and ensure protection of human health and the environment by restricting surface disturbance and groundwater use within the plume of contamination delineated by the EPA. City Departments should identify all work to be performed at the Poudre River Superfund Site well in advance and contact the City Attorney’s Office and Risk Management Division for assistance in complying with the terms of the AOC. RETEC Group, Inc has been contracted to perform remediation work on Site through June of 2005. City employees may need to access the RETEC Construction Area during this time to install utility services, perform site inspections and other activities within the construction area. Risk Management will assist employees in coordinating with appropriate personnel, developing additional procedures where necessary, and in acquiring additional health and safety services. City departments are also encouraged to contact the City Attorney’s office for assistance in developing work order specifications to ensure proper contractual agreements. 4 Project Team Organization The City of Fort Collins has established an organizational structure with specific responsibility for the functions listed below. While work continues at the RETEC Construction area, the individuals listed in the third column have been assigned to the required functions. As the On-Scene Coordinator (OSC), the EPA representative is responsible for overall project administration and contractor oversight. As part of that oversight function, EPA will ensure that project plans meet established safety requirements and that the health and safety of all site personnel is a primary concern. As an OSC, the EPA serves in the capacity of site supervisor. When future site activities are planned, Risk Management will assist City departments in establishing the organizational structure and ensuring that personnel are assigned to the required functions. Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 6 Table 1: Team Organization Function Responsibility On RETEC Site Off RETEC Site/ Future Projects General Site Supervisor Individual responsible for directing all hazardous waste operations. Paul Peronard On-Scene Coordinator EPA Region VIII 303-312-6808 303-886-1638 (cell) TBA – Contractor Health & Safety Supervisor Individual responsible for developing & implementing the site HASP. Lance Murray City of Ft. Collins Risk Management 970-221-6807 City of Ft. Collins Risk Management 221-6807 Site Safety & Health Officer Individual on site, who is responsible to the City & has the authority to imple- ment the site HASP & verify compliance w/applicable requirements. Walsh Environmental Scientists & Engineers Lindsay Breyer, CIH Tim Lockhart TBA – H&S Consultant Project Manager Dennis Alexander RETEC Project Manager 970-493-3700 970-481-3884 Margit Hentschel City of Ft. Collins 970-224-6179 970-218-2052 TBA – City Staff 5 Site Control Measures 5.1 General The designated Site Health and Safety Officer (SHSO) shall be responsible for ensuring that the provisions of this Health and Safety Plan (HASP) are adequate and being implemented in the field. The SHSO is also responsible for securing the Site at the beginning of City projects to control unauthorized access. Control of the areas which are impacted with hazardous chemicals is an important way of identifying the contaminated areas and preventing exposure to unprotected workers to the site hazards and chemicals. Site inspections will be conducted on a regular basis, by the SHSO, to ensure the effectiveness of the plan. If unforeseen contamination is Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 7 they can demonstrate compliance with the provisions of this HASP such as, training requirements and personal protective equipment required. All visitors to the RETEC Construction Area must be coordinated by the EPA’s On-Scene Coordinator (OSC) and the City’s Project Manager prior to arrival. The OSC and Project Manager shall be responsible for determining appropriate precautions for visitors, including identifying areas authorized for visitor access and suitable personal protective equipment needed. When future site activities are planned, Site visitors will be expected to comply with the following provisions, if they do not meet training requirements listed in Section 7. 1) They must remain exclusively in uncontaminated areas. 2) They must not enter areas where hazardous wastes may exist, be stored, or processed. 3) They must not be potentially exposed to health or safety hazards related to hazardous waste operations. 4) They must be made aware of the boundaries of the exclusion zone and instructed to stay out of these areas. 5) They must be trained in the emergency response provisions of the Health and Safety Plan (e.g. evacuation procedures). 6 Hazard Analysis A site investigation in April of 2000, which identified heavy metals, Volatile Organic Compounds (VOC’s), and petroleum hydrocarbons in the soil and/or groundwater at the site (ERM, April 3, 2000). The chemical hazards at this site are primarily associated with water and soil impacted with petroleum hydrocarbons and poly aromatic hydrocarbons (PAHs) (coal tar pitch volatiles). Site hazards also include chemical, physical, and biological hazards associated with the former landfill, steep banks, flowing river (water hazard), general construction activities, deep excavations and sever weather. A copy of the site investigation conducted by ERM is included in the project specifications and available from RETEC upon request. The results of the investigation were compared to screening levels derived by the Colorado Department of Public Health and Environment (CDPHE) for site contaminants. Based on the available information, the primary contaminants of concern are gasoline-related compounds (benzene, toluene, ethyl benzene, and xylenes), polynuclear aromatic hydrocarbons, and other hydrocarbons. Soil sampling data indicate that lead and arsenic are expected to be the primary metals of concern at the site. The hazardous substances suspected to be in the soil and water are listed in table 2 along with their respective American Conference of Governmental Industrial Hygienist (ACGIH) Threshold Limit Values (TLV’s) and OSHA Permissible Exposure Limits (PELs). Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 8 Table 2: Exposure Limits for Contaminants of Concern Substance OSHA PEL ACGIH TLV Known Carcinogen Skin Absorption Benzene 1 ppm TWA 0.5 ppm AL 0.5 ppm TWA IARC - 1 Yes EthylBenzene 100 ppm TWA 100 ppm TWA IARC – 2B Yes Toluene 200 ppm TWA 50 ppm TWA IARC - 3 Yes Xylene 100 ppm TWA 100 ppm TWA IARC - 3 No Naphthalene 10 ppm TWA 10 ppm TWA No IARC designation TLV – A4 Yes Acenaphthene (1) 0.2 mg/m3 TWA 0.2 mg/m3 TWA IARC - 1 N/A Benzo(a)Pyrene (1) 0.2 mg/m3 TWA 0.2 mg/m3 TWA IARC – 2A Yes (2) Chrysene (1) 0.2 mg/m3 TWA 0.2 mg/m3 TWA IARC - 3 Yes (2) Phenanthrene (1) 0.2 mg/m3 TWA 0.2 mg/m3 TWA IARC - 1 N/A Pyrene (1) 0.2 mg/m3 TWA 0.2 mg/m3 TWA IARC - 1 N/A Arsenic (3) 0.01 mg/m3 TWA 0.01 mg/m3 TWA IARC - 1 No Lead 0.05 mg/m3 TWA 0.03 mg/m3 AL 0.05 mg/m3 TWA IARC – 2B No OSHA PELs TWA = time-weighted average (eight hours) ACGIH TLVs AL = action level (Medical Surveillance must be performed for any employee who is exposed at or above the AL for more than 30 days per year). (1) Coal Tar Pitch Volatiles as Benzene Soluble Aerosol (2) Exposure by all routes, should be controlled to levels as low as possible (3) Inorganic compounds mg/m3 = Milligrams per cubic meter ppm = part per million International Agency for Research on Cancer (IARC) Carcinogenicity Rating Systems IARC-1 = Carcinogenic to humans; Sufficient evidence of carcinogenicity in humans and experimental animals IARC-2A = Probably carcinogenic in humans. Limited evidence of carcinogenicity in humans and sufficient evidence of carcinogenicity in experimental animals IARC-2B = Possibly carcinogenic in humans. Limited evidence of carcinogenicity in humans and less than sufficient evidence of carcinogenicity in experimental animals IARC-3 = Unclassifiable as to carcinogenicity in humans. Evidence of carcinogenicity is inadequate in humans and inadequate of limited in experimental animals IARC-4 = Probably not carcinogenic in humans. Lack of evidence supporting carcinogenicity in humans and experimental animals. TLV-A4 = Not classifiable as a human carcinogen. Agents which cause concern that they could be carcinogenic for humans but which cannot be assessed conclusively because of lack of data. 6.1 General Safety Issues In addition to the hazardous substances that may be encountered during this project, many safety risks are present during remediation and construction activities. These include the risk of slips, trips, and falls, during construction activities. There is also a potential for water hazards, since some of the construction activities on this site may be performed near the banks of Cache La Poudre River. The water level in the river can change rapidly endangering workers on the banks. Releases upstream, rains in the area, and precipitation far upstream of the site can affect water levels. Since there is no control over the water levels, workers in this area need to be aware of the river levels and to halt work and move to higher ground if a rapid change in the water level occurs. Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 9 Portions of this site include old landfill material. This type of fill material can possibly contain poorly compacted soil and non native materials, pockets of methane gas, biohazards, household hazardous waste, and sharps from metal and glass shards. City of Fort Collins safety polices shall be followed by City employees during all phases of work on Site and in adjacent areas for this project. 6.2 Trenching & Excavation All trenching and excavation activities will comply with City of Fort Collins policy and procedures. Table 3 identifies potential hazards for tasks associated with utility trenching and excavation activities. Table 3: Hazards and Controls By Task Task Potential Hazards Controls Contact with utilities Utility survey and lock-out/tag-out as necessary. Brief operators on hazards and maintain 10 foot working distance from utilities. Exposure to contaminated soils Brief workers on soil conditions and the potential for uncovering buried debris and contamination. If soil conditions change, contact the Project Engineer or the HSO to investigate the change of conditions. Cave-in of steep slopes While excavating on the steep hillsides, the operators must be aware of the stability of the slopes and take precautions so as not to cause a slide of material, which could injure workers. Excavations must be evaluated and controlled by a competent person. Exposure to contaminated dusts Use dust control to minimize the release of contaminated dusts and avoid the area immediately downwind of the excavation Employee injuries from equipment operations Instruct workers on safe work practices, maintaining “3- point” contact when climbing on equipment. Maintain line-of-site contact with operator. Utilize experienced operators. Check equipment daily, defective equipment will be repaired or replaced. Noise exposure Hearing protection will be worn by heavy equipment operators and anyone within a 15 foot radius. Task 1 – Trenching and Excavation Cave-in of excavations and stockpiles Any material excavated may be unstable and must be placed in such a manner so as not to be a slide hazard or impact the work areas. 6.3 Confined Space Entry Hazards City of Fort Collins safety polices shall be followed by City employees during confined space entry for all phases of work on Site and in adjacent areas for this project. Confined space is defined as any space that is large enough to enter, has a limited means of egress, and is not designed for continuous human occupancy. Examples of confined spaces on this site include, but are not limited to, manholes, trenches and pits. An Confined Space is also potentially subject to the accumulation of toxic or flammable contaminants, has an oxygen deficient or enriched atmosphere, or has a physical hazard associated with the space. Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 10 6.4 General Site Safety Procedures To protect workers on this site from the physical and chemical hazards described above, the following safety procedures shall be followed for the work on this project. • The HSO and the project manager must be notified when and if any additional suspected contaminated areas are encountered. • At a minimum, all site workers, even persons in adjacent non-impacted areas, shall be notified of the hazards of working in or around the site excavation. • Work shall HALT in any area if any evidence of undocumented contamination is encountered. This evidence may consist of a visual determination that local site conditions are different than those anticipated, the presence of unusual odors, the finding of chemical containers or actual chemicals, or any reported worker health complaints or symptoms which may have occurred on the site. • All trenches and excavations greater than four foot deep in contaminated soils will be considered permit required confined spaces (PRCS) for the duration of the project and procedures will be followed to insure compliance with the applicable regulations unless otherwise determined by the HSO. • At a minimum, all vehicles used on the site shall be equipped with a class A/B/C fire extinguisher and a first aid kit. 7 Training Requirements All personnel working in the hazardous area shall receive training in accordance with the OSHA regulation 29 CFR 1910.120 (Hazardous Waste Operations and Emergency Response, or HAZWOPER). Personnel working on this project will also receive site-specific health and safety training on the known and potential hazards present in the project area. Training will include review of the site HASP personnel responsible for site health and safety, use of personal protective equipment, safe work practices, use of engineering controls, medical surveillance requirements and other topics which prepares workers for their job functions and responsibilities. Employees will also be provided with training to address specific hazards they may encounter on the site. This may include Confined Space, Lockout / Tagout, Trenching & Excavation, Respiraotry Protection, and other procedures in accordance with City of Fort Collins safety policies. The training may be done during the contractor weekly safety meetings or during special sessions. Employees potentially exposed to benzene will receive training as required in 29 CFR 1910.1028. 7.1 Equivalent Training. Employees who can show by documentation or certification that an employee's work experience and/or training has resulted in training equivalent to the requirements listed below shall not be Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 11 required to attend additional training except that of training new to a site shall receive appropriate, site specific training before site entry and have appropriate supervised field experience at the new site. Equivalent training includes any academic training or the training that existing employees might have already received from actual hazardous waste site experience. Employees potentially exposed to benzene will receive training as required in 29 CFR 1910.1028. 7.2 Site Personnel Potentially Exposed to Hazardous Substances Site personnel such as equipment operators, general laborers, and others involved in construction activities taking place below grade in contaminated areas and are potentially exposed to hazardous substances and health hazards shall receive a minimum of 40-hour HAZWOPER training. Training may include any of the following topics to include a total of 40 hours of training: Poudre River Site HASP Medical Monitoring Personal Protective Equip. Respiratory Protection Emergency Response Use of Monitoring Instruments Site Entry Exit & Control Hazard Awareness Confined Space Decontamination Noise Control Waste Confinement & Containment Trenching & Excavations Electrical Hazards Regulatory Right to Know HAZWOPER Regulations Waste ID & Classification Transportation of Hazardous Waste 7.3 Occasional or Regular Site Personnel Potentially Exposed to Hazardous Substances below Permissible Exposure Limits Workers regularly on site who work in areas which have been monitored and fully characterized indicating that exposures are under published exposure limits and workers on site occasionally for a specific task above grade, are unlikely to be exposed over PELs, and there are no health hazards or the possibility of an emergency developing shall receive a minimum of 24-hour HAZWOPER training. Training may include any of the following topics to include a total of 24 hours of training: Poudre River Site HASP Medical Monitoring Personal Protective Equip. Respiratory Protection Emergency Response Use of Monitoring Instruments Site Entry Exit & Control Hazard Awareness Confined Space Decontamination Noise Control Waste Confinement & Containment Trenching & Excavations Electrical Hazards Regulatory Right to Know HAZWOPER Regulations Waste ID & Classification Transportation of Hazardous Waste 7.4 Management and Supervisor Training On-site management or supervisors directly responsible or who supervise employees described in section 7.2 engaged in hazardous waste operations, shall receive 40-hour HAZWOPER training, and an additional eight hours of HAZWOPER supervisor training. Management and Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 12 site supervisors are encouraged to have current Cardio Pulmonary Resuscitation (CPR) and First Aid Training. If appropriate, rescue personnel must have current CPR and First Aid Training. Training may include any of the following topics to include a total of 40 hours of training: Poudre River Site HASP Medical Monitoring Personal Protective Equip. Respiratory Protection Emergency Response Use of Monitoring Instruments Site Entry Exit & Control Hazard Awareness Confined Space Decontamination Noise Control Waste Confinement & Containment Trenching & Excavations Electrical Hazards Regulatory Right to Know HAZWOPER Regulations Waste ID & Classification Transportation of Hazardous Waste 8 Medical Surveillance All employees who may be exposed to hazardous substances or other health hazards at or above the permissible exposure limits (PEL’s) for 30 or more days a year, must have a full baseline physical examination with the approval of a board-certified physician to work at a hazardous waste site. The physical examination must be updated annually. Workers required to wear respirators will receive training and respirator fit-testing in accordance with the OSHA regulation 29 CFR 1910.134. Pulmonary function tests will be required for all workers requiring air-purifying respirators. Workers who may be exposed to benzene above the OSHA action level will receive medical surveillance in accordance with 29 CFR 1910.1028. 9 Air Monitoring Program 9.1 General Air monitoring and the assessment of actual airborne concentrations of site chemicals is important in the identification of the hazards presented to workers and to select the proper protective equipment requirements for the project. This air monitoring program was designed based on a review of the site characterization data and the work plan for construction activities in the contaminated areas. The program of air monitoring includes personal exposure assessments using personal breathing zone (PBZ) sampling with a direct reading instruments, air sampling pumps and/or passive diffusion dosimeters with laboratory analysis of sample media. Area air monitoring will also be conducted using direct reading monitoring instruments. The following sections describe the air sampling methods which will be used to meet these objectives and the location and application of the air sample collection. 9.2 Area Sampling Area air sampling allows the determination of the air concentrations which exist in a given area during specific construction activities. The results of these sampling episodes allow a decision to be made on the level of personal protection that will be required for workers in this area. Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 13 These results do not necessarily indicate the actual exposure to workers since the workers may move from one area to another. The area sampling will be performed using a direct reading instrument so that immediate results can be obtained and provided to the City representatives. During intrusive activities, the site monitoring technician (MT) may need to monitor the air quality in the area of the excavations using a direct reading combustible gas indicator (CGI) for for percent lower explosive limit (LEL), percent O2, CO and H2S. A photo-ionization detector (PID) will be used to monitor for VOCs. An infrared particulate monitor, a MIE PDM Miniram, will be used as a survey instrument to record the particulate levels on a periodic basis. These concentrations will be recorded by the MT. The direct reading instruments will be charged, cleaned and calibrated each day before use to ensure accuracy. At a minimum, monitoring for O2, combustible gases, CO, H2S, VOCs, and total dust will be conducted daily during trenching and excavation activities. Other contaminants may be monitored based on previously monitored levels in specific locations. The monitoring shall be performed by the monitoring technician under the direct supervision of the WALSH HSO or Industrial Hygienist. The monitoring includes the use of direct-reading air monitoring instruments, passive diffusion dosimeters, and may include air sampling pumps for quantifying BTEX, total hydrocarbons, respirable dust, total dust, and other air contaminants suspected to be present. 10 Personal Protection Program 10.1 Introduction Levels of personal protection required for the site activities are presented in Table 4. The required PPE for these levels of protection are presented in Table 5. Based on evaluation of potential hazards and the proposed activities, the minimum level of PPE designated for each task is a "Level D" ensemble. However, some tasks may require "Modified Level D." This level of protection includes skin protection for workers who may contact the contaminated soils. Personnel working in areas where no contact to soils will occur may wear Level D. If contaminated soil is to be handled, the Modified Level D will be required. If the soils are not to be handled, the Level D will be maintained until airborne levels of the identified contaminants are detected at the action limit listed in the Air Monitoring Program. When levels exceed the corresponding action limit, the contingency level of personal protection must be donned. Equipment to allow upgrade of PPE to Level C should be available on site at all times. Table 4: Levels of Protection Activity Levels Of Personal Protection Initial When air concentrations exceed action levels Site excavation, construction, or other work where contamination is not suspected. D C Site excavation, construction, or other work where contamination is suspected and contact is possible. Modified-D C Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 14 10.2 Personal Protective Equipment for Site Contaminants and Physical Hazards: The following list specifies personal protective equipment for the various areas of the body. The list is meant to serve as a supplement to Table 4. Lungs: A half-face or full-face, air-purifying respirator (with high efficiency particulate air (HEPA) and organic vapor cartridges) will be used when concentrations exceed the action level. Skin: To provide skin protection, protective clothing such as Tyvek coveralls and gloves must be worn when there is potential for contact with contaminated soil or water. Coated or liquid- resistant Tyvek shall be used when there is a potential for contact with contaminated liquids. Head: Hard-hats must be worn near potential overhead hazards. Eye: Safety goggles, safety glasses or faceshields must be worn when splash hazards or flying projectile hazards are present, respectively. Ear: Hearing protection must be worn when the noise level appears to approach 85 dBA. As a reference, when conversation becomes difficult at a distance of a few feet, the decibel levels may be greater than 85 dBA. Foot: Steel-toed boots are required when working in or around trenches and excavations. Depending on the risk of contamination present, different levels of PPE must be worn. Table 10 shows what each level of protection requires employees to wear. Table 5: PPE for Levels of Protection LEVEL D MOD-D LEVEL C • Steel toe work boots • Hard hat (ANSI-approved) • Safety glasses • Steel toe neoprene or PVC work boots with disposable boot covers • Hard hat (ANSI- approved) • Vinyl or latex inner gloves Nitrile outer gloves, if necessary • Tyvek coveralls (poly- coated Tyvek or Saranex for work where there is a potential for • Steel toe neoprene or PVC work boots or disposable boot covers • Hard hat (ANSI- approved) • Vinyl or latex inner gloves • Nitrile outer gloves • Tyvek coveralls (poly- coated Tyvek or Saranex for work where there is potential for Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 15 contact with contaminated liquid) • Goggles, safety glasses, or faceshields (faceshield required for work where there is a potential for splash or spray of contaminated liquid) contact with contaminated liquid) • Goggles, safety glasses, or faceshields (faceshields required for work where there is potential for splash or spray of contaminated liquid) • Half-face or Full-face, air-purifying respirator (dependent on VOC concentrations) equipped with HEPA and organic vapor cartridges No Changes To The Specified Levels Of Protection Shall Be Made Without The Approval Of The HSO. 11 Decontamination 11.1 General Effective decontamination of personnel and equipment which has come into contact with hazardous and potentially contaminated materials is extremely important to prevent the spread of contamination and to prevent continued exposure to the site contaminants. This section explains the procedures and equipment, which will be used, on this project to meet this objective. 11.2 Contamination Avoidance Workers are encouraged to avoid contacting contaminated materials on the project site as a precaution to prevent exposure to the hazardous chemicals. Workers may avoid contamination by not walking through contaminated areas, using PPE whenever contacting hazardous materials, and using remote equipment rather than handling materials which may be hazardous with bare hands. These precautions may negate the need for decontamination and prevent exposures to hazardous materials. 11.3 Personnel Decontamination and Personal Hygiene As a minimum, workers on this project will be provided with hand washing facilities to be used by all workers on the site. Workers who are in contact with the any subsurface materials are required to wear skin protection and protective equipment. These workers are required to wash their hands and face at lunch and at the end of the day. Workers who inadvertently contact contaminated materials with unprotected skin or clothing are required to wash exposed skin immediately after contact with the material. Clothing coming into contact with this material will be changed as quickly as possible. Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 16 Workers who enter any areas in which a level C level of personal protection will be provided with a decontamination station at the egress point of the area in which to doff their personal protective equipment and to wash their boots, hands, face, and respirators (if necessary). 11.4 Equipment Decontamination Equipment, which is in contact with the contaminated material and requires servicing or other handling, will be cleaned prior to leaving the site or handling by unprotected personnel. In general water washing will be sufficient, but in some cases soap and water may be required. 12 Materials Management Plan There is a possibility of encountering contaminated soil and groundwater in the vicinity of the Poudre River CERCLA Site during excavations conducted by the City for utility work. The primary concern is due to coal tar compounds originating from the former Poudre Valley Gas Plant Site (See Figures 5 & 6 of Appendix A). There is also the possibility of encountering landfill debris and residues from fuel releases near Willow Street. While it is anticipated that many excavations conducted by the City will not encounter contamination, procedures must be in place to minimize the spread of contamination as a result of excavations and other activities conducted in this area by the City. These procedures are designed to ensure protection of soils, water, and ambient air quality. Reasonable efforts will be made to contain wastes and contaminated environmental media during these operations. In addition, waste materials such as PPE and decontamination solutions will be collected during work activities and properly disposed of. All City operations will be conducted in a manner that will minimize the waste materials produced. 12.1 Types and Locations of Contaminated Materials 12.1.1 Coal Tar Coal tar contamination is known to be present in the Willow Street Area as well as on and near the City’s Aztlan Property. Coal Tar Contamination in the Willow Street Area • Coal tar contamination (in both soil and groundwater) is present beneath Willow Street at all locations between approximately 75 feet east of the railroad tracks, and 100 feet west of Pine Street (see Figures 5 & 6 of Appendix A). • Soil contaminated by coal tar liquid and residues may be encountered in Willow Street at depths as shallow as 6.5 feet. Groundwater contaminated by coal tar compounds may be encountered at depths as shallow as 10-12 feet beneath Willow Street (See attached Figures 5 & 6 of Appendix A). Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 17 Coal Tar Contamination at the Aztlan Property, Willow Street to the Poudre River • Soil and groundwater contaminated by coal tar compounds is present at depths sloping from as shallow as approximately 9 feet at the south side of Willow Street, to approximately 13 feet in the vicinity of the northeast corner of the current Aztlan parking lot and the circular playground. • North of a line between the north sides of the current Aztlan and United Way Buildings, coal tar contaminants are not believed to be present above bedrock, which may be encountered at depths greater than 15 feet below the surface. 12.1.2 Landfill Material There is the possibility of encountering trash (including glass, brick, metal, ash, char, and other materials) at shallow depths (less than 2 feet in some locations) at all locations on the Aztlan property from Willow Street to the Poudre River. However, most of the landfill material is present at locations north of a line running from south end of the Aztlan Building, through the northern portion of the United Way Building (see attached Figure 4). 12.1.3 Petroleum Contamination Petroleum contamination (gasoline, diesel, used oil) is possibly present under Willow Street and in other areas near current and historic service stations and bulk plants. The extent of contamination of soil and groundwater contamination is not known, but crews working in the area should be alert to its possible presence. 12.1.4 Other Contaminants Crews should be alert to the possible presence of contamination that has not been previously documented. Indications of possible contamination include the presence of buried debris, discolored soil, oil sheen on groundwater, and odors. Any suspected contamination that is encountered must be reported to the Site Safety Officer and the City Project Manager. 12.2 Materials Management All identified wastes and potentially contaminated materials (See Section 12.2.1 and 12.2.2. below) generated will be placed in a secured location on site. All waste containers will be clearly labeled as to their contents. Samples of waste materials will be collected by the Site Health and Safety Officer for laboratory testing. The results of the laboratory testing will be used to determine the proper disposal method. The laboratory tests to be conducted will be Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 18 determined by the Site Health and Safety Officer and City Project Manager based on the nature of the contamination encountered and the decisions to be made regarding the material. If off-site disposal is required, only properly licensed and approved disposal facilities will be used. The wastes will be transported in accordance with DOT, EPA, and CDPHE requirements including proper packaging, labeling, and manifesting. The City of Fort Collins will be listed as the generator of the waste. Copies of all shipping documents and waste characterization data will be retained by the City in the project files. 12.2.1 Contaminated Soil When conducting excavations in areas of known or suspected contamination, the excavated soils will be managed in such a way as to minimize the potential spread of contamination. All excavated soils will be field-screened for contamination using a Photoionization Detector (PID). Soils which are discolored, contain visible debris, exhibit unusual odors, or which give elevated PID readings will be segregated from clean soil. Potentially contaminated soils will be stockpiled in an approved location near the excavation. Segregated soils with suspected contamination will be placed on tarps to protect underlying soils, and covered with tarps to prevent contact with stormwater. The area around the segregated soil should be bermed to direct stormwater away from the soil stockpile. Samples of suspect contaminated soil will be collected by the Site Health and Safety Officer for laboratory testing. As a general rule, a minimum of one sample will be collected for every 100 cubic yards of contaminated soil. In order to ensure that the samples are representative of the stockpiled material, each sample may be collected by compositing material from different portions of the stockpile. 12.2.2 Contaminated Groundwater Groundwater may be encountered at depths of 10 to 12 feet in Willow Street (See Figures 5 & 6 of Appendix A) during excavations conducted by the City. Groundwater may be encountered on the Aztlan Property at depths grading from approximately 12 feet near Willow Street to approximately 18 feet near the Poudre River. Depths to groundwater can vary significantly by season, river stage, and recent weather conditions. If groundwater is encountered, it will be screened for indications contamination (oil sheen, discolorization, odors, PID readings). Groundwater in the immediate vicinity of the mapped coal tar contamination should be assumed to be contaminated with coal tar compounds. Small volumes of contaminated groundwater may be managed in DOT-approved containers. If dewatering of an excavation is necessary, a dewatering permit will be obtained from CDPHE. 12.2.3 Other Wastes Decontamination solutions, used personal protective equipment, and other wastes generated in the course of the City’s excavations will be placed in DOT-approved containers and placed in a secure on-site location. Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 19 13 Emergency Response Plan 13.1 Accident Prevention All site activities present a degree of risk to on-site personnel. During routine operations, risk is minimized by establishing good engineering and work practices, staying alert, and using proper personal protective equipment. Unpredictable events such as physical injury, chemical exposure, or fire may occur and must be anticipated. All employees are encouraged to participate in first aid and CPR courses in order to more effectively handle physical and medical emergencies that may arise in the field. The discovery of any condition that would suggest the existence of a situation more hazardous than anticipated will result in the evacuation of the work crew and re-evaluation of the hazard and the level of protection required. Follow-up action should be taken to correct the situation that caused the accident. General emergency procedures, and specific procedures for handling personal injury and chemical exposure, are described in the following sections. 13.2 Personnel Roles, Lines of Authority, and Communication In the event of an emergency situation at any work site, the project manager or HSO will assume total control and will be responsible for on-site decision making. This individual has the authority to resolve all disputes about health and safety requirements and precautions. The site project manager or HSO will also be responsible for coordinating all activities until emergency response teams (ambulance, fire department, etc.) arrive at the site. The HSO will ensure that the necessary personnel and agencies are contacted as soon as possible after the emergency occurs. All on-site personnel must know the location of the nearest phone and the location of the emergency phone number list. 13.3 Emergency Contacts In the event of any situation or unplanned occurrence requiring assistance, the appropriate contact(s) should be made from the following list: Emergency Contacts Phone Number Fire Department 911 Police 911 Ambulance 911 Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 20 EPA National Response Center for spill reporting (800) 424- 8802 CDPHE Emergency Response - 24 hour (887) 518-5608 CDPHE Division of Waste Management (303) 692-3024 Colorado Poison Control - 24 hour information (800) 332-3073 Employer Contacts Name Phone Number Project Manager Margite Hentschel (970) 224-6179 Office (City of Fort Collins) (970) 218 2052 mobile Risk Management Division Lance Murray (970) 221-6774 (City of Fort Collins) Project Manager Hal Stuber (303) 443-3282 (WALSH) Health and Safety Officer Lindsay Breyer, CIH (303) 443-3282 (WALSH) (303) 517-0735 mobile Industrial Hygienist Timothy Lockhart, M.S. (303) 443-3282 (WALSH) (303) 886-8439 mobile Industrial Hygienist Tracy Altrock (303) 443-3282 (WALSH) (303) 589-6724 mobile Monitoring Technician Luke Matzke (303) 443-3282 (WALSH) (303) 817-6970 mobile 13.4 Procedures for Emergency Medical Treatment and First Aid 13.4.1 Chemical Exposure In the event of chemical exposure (skin contact, inhalation, ingestion), the following procedures should be implemented: • Another team member (buddy) should remove the individual from the immediate area of contamination if safe to do so. • Precautions should be taken to avoid exposure of other individuals to the chemical • If the chemical is on the individual's clothing, the clothing should be removed if it is safe to do so • If the chemical has contacted the skin, the skin should be washed with copious amounts of water Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 21 • In case of eye contact, an emergency eyewash should be used. Eyes should be washed for at least 15 minutes • If necessary, the victim should be transported to the nearest hospital or medical center. If necessary, an ambulance should be called to transport the victim. It may be necessary to wrap the victim in a blanket or plastic to avoid contamination of the transport vehicle or hospital emergency room. Ensure prior notification is provided to healthcare personnel that this is a chemical exposure incident. 13.4.2 Personal Injury In the event of personal injury: • Workers trained in first aid can administer treatment to an injured worker • Workers with suspected back or neck injuries should not be moved, except by emergency medical personnel, unless there is a serious threat to life or health • The victim should be transported to the nearest hospital or medical center. If necessary, an ambulance should be called to transport the victim. The Site HSO should be informed of the incident 13.4.3 Fire or Explosion In the event of fire or explosion, personnel will evacuate the area immediately. Administer necessary first aid to injured employees. Personnel will proceed to a safe area and phone the local fire department or emergency support services. Upon contacting the emergency support service, state your name, nature of the hazard (fire, explosion), the location of the incident, and whether there were any physical injuries requiring an ambulance. 13.5 Route to Hospital – provided in the Appendix B Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 22 Record of Health and Safety Briefing The undersigned have been briefed on the contents of the Health and Safety Plan for the City of Fort Collins Poudre River Cleanup Project. They understand the means and objectives of the work plan and have been fully apprised of the risks and hazards involved in accomplishing the work. They further agree to comply with the requirements and protocols set forth in this document. Name Signature Date ____________________ _________________________ __________ ____________________ _________________________ __________ ____________________ _________________________ __________ ____________________ _________________________ __________ ____________________ _________________________ __________ ____________________ _________________________ __________ ____________________ _________________________ __________ ____________________ _________________________ __________ ____________________ _________________________ __________ _____________________ _________________________ __________ ____________________ _________________________ __________ ____________________ _________________________ __________ ____________________ _________________________ __________ ____________________ _________________________ __________ ____________________ _________________________ __________ Site HSO _________________________ __________ Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 23 14 References RETEC November 5, 2004. Site Specific Health and Safety Plan; Cache La Poudre River Removal Action Fort Collins, Colorado. Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 24 APPENDIX A SITE DESCRIPTIONS & MAPS Approximate Location of Coal Tar Contamination and Landfill Material In and Near the City's Aztlan Property Coal Tar Contamination in the Willow Street Area • Coal tar contamination (in both soil and groundwater) is present beneath Willow Street at all locations between approximately 75 feet east of the railroad tracks, and 100 feet west of Pine Street (see maps Figures 5 & 6). • Soil contaminated by coal tar liquid and residues may be encountered in Willow Street at depths as shallow as 6.5 feet. Groundwater contaminated by coal tar compounds may be encountered at depths as shallow as 10-12 feet beneath Willow Street (See maps Figures 5 & 6). Coal Tar Contamination at the Aztlan Property, Willow Street to the Poudre River • Soil and groundwater contaminated by coal tar compounds is present at depths sloping from as shallow as approximately 9 feet at the south side of Willow Street, to approximately 13 feet in the vicinity of the northeast corner of the current Aztlan parking lot and the circular playground. • North of a line between the north sides of the current Aztlan and United Way Buildings, coal tar contaminants are not believed to be present above bedrock, which may be encountered at depths greater than 15 feet below the surface. Landfill Material at the Aztlan Property • There is the possibility of encountering trash (including glass, brick, metal, ash, char, and other materials) at shallow depths (less than 2 feet in some locations) at all locations on the Aztlan property from Willow Street to the Poudre River. However, most of the landfill material is present at locations north of a line running from south end of the Aztlan Building, through the northern portion of the United Way Building (See maps Figures 5 & 6). Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 25 Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 26 Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 27 Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 28 APPENDIX B SITE CONTAMINANTS & ASSOCIATED HEALTH CONCERNS Based on a review of the site contaminants, the following hazardous substances that are suspected to be in the soil and water and their associated health concerns are listed in Table 3. Table 6: Health Concerns Associated with Soil and Water Contaminants Contaminant Health Concern Benzene Known carcinogen. Irritant – eyes, skin, nose. Causes giddiness, headache, fatigue, nausea. Target organs: Eyes, skin, respiratory system, blood, CNS, bone marrow. Ethyl-Benzene Irritant- eyes & nose. Causes, fatigue, nausea, headache. Target organs: Eyes, skin, respiratory system, CNS, liver, kidneys Toluene Irritant- eyes, skin, mucous membrane. Causes dizziness, fatigue, confusion, headache. Target organs: Eyes, skin, respiratory system, CNS, liver, kidneys Irritant: eyes, nose, Xylene Irritant – eyes, skin, nose. Causes headache, dermatitis, coma. Target organs: Eyes, skin, respiratory system, CNS Naphthalene Eye irritant. Causes confusion, headaches, nausea, abdominal pain, vomiting and renal shutdown. Target organs: Eyes, skin, blood, liver, kidneys, CNS. Acenaphthene1 Causes dermatitis and Bronchitis. Target organs: Respiratory system, skin, bladder and kidneys. Benzo(a)Pyrene1 Causes dermatitis and Bronchitis. Target organs: Respiratory system, skin, bladder and kidneys. Chrysene1 Causes dermatitis and Bronchitis. Target organs: Respiratory system, skin, bladder and kidneys. Phenanthrene1 Causes dermatitis and Bronchitis. Target organs: Respiratory system, skin, bladder and kidneys. Pyrene1 Causes dermatitis and Bronchitis. Target organs: Respiratory system, skin, bladder and kidneys. Lead Weakness, lassitude, insomnia; facial pallor; anorexia, low-weight; constipation, abdominal pain, colic; anemia; gingival lead line; tremors, wrist-drop, central nervous system disorders, nephropathy; eye irritation; hypotension. Target Organs: Gastro- intestinal tract, central nervous system, kidneys, blood, gingival tissue Arsenic Lung irritant; Cancer of the lung and skin 1 Listed as Coal Tar Pitch Volatiles These summaries were obtained from the NIOSH Guide to Chemical Hazards (October,2003), and the ACGIH Guide To Occupational Exposure Values (2004). Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 29 APPENDIX C AIR MONITORING Air Sampling Methods The following air sampling methods will be used for the collection of air samples for compliance with the permissible exposure limits. Other analytes may be added for sampling in specific areas if other compounds are suspected in these areas. The air sampling methods listed in Table 6 will be used for the collection of air samples to determine compliance with the OSHA PELs and ALs. Worker PBZ, time-weighted average (TWA) air samples with a low-flow air sampling pump and/or passive diffusion dosimeters (where available) may be collected for BTEX on representative City utility workers for each excavation area. Air samples for the other contaminants listed in Table 6 will be collected as needed based on soil sampling results or other information indicating potential for exposure. A determination will be made for follow up air sampling based on results of soil sampling and if elevated contamination is detected with direct reading instruments. Other analytes may be added for air sampling in specific areas based on results of soil sampling or evidence of elevated contamination based on direct reading instruments. Worker PBZ TWA air sampling for coal tar pitch volatiles will only be required when results of soil sampling for total extractable petroleum hydrocarbons (TEPH) or when EPA Method 8270 for SVOCs determine that elevated levels of poly aromatic hydrocarbons (PAHs) (above 5,000 ppm) are present in the soil. The following calculation is provided as an example of determining potential worker exposure to PAHs based on known soil concentrations and airborne particulate levels. Assuming that the major fraction of PAHs are adsorbed onto the dust, then the dust will be an indicator of the PAH airborne concentrations. The contaminants’ concentrations in the air will be derived from the highest concentration of the contaminant in the soil. For example, using a soil concentration of 5,000 ppm for TEPH or total PAHs, then the fraction of TEPH in the airborne dust would be 5,000 divided by 1,000,000 = 0.005. If airborne dust concentrations were at the TLV of 10 mg/m3, then the fraction in the air considered to be PAHs would be 0.005 X 10 mg/m3 = 0.05 mg/m3. This concentration is well below the OSHA PEL of 0.2 mg/m3 for coal tar pitch volatiles. Furthermore, a site action level of 1 mg/m3 for total particulates has been established using the direct reading Miniram Dust Monitor. This provides an additional safety factor an order of magnitude below the OSHA PEL for coal tar pitch volatiles. In summary, if dust is controlled then the PAH concentrations will be lower than their respective PELs. Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 30 Table 7: Laboratory Analytical Methods Analyte Method BTEX NIOSH 1501 Total Hydrocarbons NIOSH 1501 Naphthalene OSHA 35 Coal tar Pitch Volatiles OSHA-58 Respirable Dust NIOSH 0500 Total Dust NIOSH 0500 1 BTEX Benzene, Toluene, Ethylbenzene and Xylenes Action Levels The action levels re shown in Table 7 and Table 8 will be applied to air sampling results and direct reading instrument results, respectively. Table 8: Air Monitoring Action Levels Air Contaminant / Method Air Monitoring Result Action Total Particulates/ Air 0 - 5 mg/m3 No Action - use dust control to minimize releases Sampling (by lab analysis) 5 - 10 mg/m3 Workers are required to wear an air purifying respirator (APR) with particulate air filters and protective clothing (i.e. tyvek coveralls) > 10 mg/m3 Workers are required to wear a full-face air purifying respirator (APR) with particulate air filters and protective clothing (i.e. tyvek coveralls) Benzene (Lab analysis) <0.25 ppm No action >0.25 ppm Workers are required to wear a full-face APR with organic vapor cartridges and protective clothing (i.e. tyvek coveralls) Toluene (Lab analysis) < 25 ppm No action > 25 ppm Workers are required to wear a full-face APR with organic vapor cartridges and protective clothing (i.e. tyvek coveralls) Ethylbenzene (Lab analysis) < 50 ppm No action > 50 ppm Workers are required to wear a full-face APR with organic vapor cartridges and protective clothing (i.e. tyvek coveralls) Xylene (Lab analysis) < 50 ppm No action > 50 ppm Workers are required to wear a full-face APR with organic vapor cartridges and protective clothing (i.e. tyvek coveralls) Total Hydrocarbons as < 25 ppm No action Hexane > 25 ppm Workers are required to wear a full-face APR with organic vapor cartridges and protective clothing (i.e. tyvek coveralls) Coal Tar Pitch Volatiles < 0.1 mg/m3 No action > 0.1 mg/m3 Workers are required to wear a full-face APR with combination particulate/organic vapor cartridges and protective clothing (i.e. tyvek coveralls) Note: Site Action levels are based on one half of the lower of either OSHA PELs or ACGIH TLVs and as per City of Ft. Collins requirements. Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 31 Table 9: Action Levels for Direct Reading Equipment Air Contaminant Result Action 0 - 1 mg/m3 No action - use dust control 1 - 5 mg/m3 Report to Health and Safety Officer (HSO). Workers exposed to these concentrations must wear half faced air purifying respirator (APR) and tyvek suits. Total Particulates (Miniram) > 5 mg/m3 Workers must wear full-faced air purifying respirators with particulate filters and tyvek suits CGI (LEL) 0 – 5 % LEL Continue Monitoring > 5% LEL* Evacuate area and evaluate engineering controls 20.3% - 21.5% Normal Range, monitor periodically 19.5%-20.3% or 21.5% - 22.5 % Monitor continuously, ventilate area and prepare to evacuate if oxygen levels do not return to normal CGI (O2) <19.5% or >22.5% Evacuate area, evaluate engineering controls, and investigate source of unsafe oxygen levels CGI (CO) 0 – 25 ppm Continue Monitoring >25 ppm Evacuate area, evaluate engineering controls, report to HSO and investigate source CGI (H2S) 0 – 5 ppm Continue Monitoring > 5 ppm Evacuate area, evaluate engineering controls, report to HSO and investigate source. Wait for instructions from HSO and City Safety Coordinator and prepare to don respiratory protection with approval from HSO. Workers must wear full-face APRs with combination acid gas/organic vapor cartridges and protective clothing (i.e. tyvek coveralls) 0 - < 5 ppm Use initial PPE (Modified D where the potential exists to come in contact with contaminated soil or water) 5 - 10 ppm Test air with benzene detector tubes, report to HSO and investigate source. PID (VOCs) > 10 ppm Evacuate area, implement engineering controls, or wait for vapors to dissipate. Report to WALSH HSO. Inform Site Superintendent and City representative. If VOC levels remain above 10 ppm, wait for instructions from HSO and Safety Coordinator and prepare to don respiratory protection with approval from HSO. Workers must wear full-face APRs with organic vapor cartridges and protective coveralls (i.e. tyvek coveralls) Note: Site Action levels are based on one half of the lower of either OSHA PELs or ACGIH TLVs and as per WALSH recommendations. Environmental Scientists and Engineers, Inc p:\rfp\2005 rfps p965\p983 northside aztlan center design build\p983 addendum 2 docs\p983 addendum 2 item f 2 health and safety plan contractor sample hasp.doc.07.28.05 32 APPENDIX D ROUTE TO HOSPITAL Map and Directions to Hospital 1. Start out going SOUTHEAST on WILLOW ST toward PINE ST. 0.2 miles 2. Turn RIGHT onto LINDEN ST. 0.1 miles 3. Turn LEFT onto JEFFERSON ST. 0.1 miles 4. JEFFERSON ST becomes RIVERSIDE AVE. 0.9 miles 5. Turn RIGHT onto S LEMAY AVE. 0.1 miles 6. Turn RIGHT onto S PENNOCK PL. <0.1 miles 7. End at 1025 Pennock Pl, Fort Collins, CO 80524-3257 US Close Up of Hospital Area: College Avenue Willow Street Pine Street Linden Street Cache L a Pou d re River Flow D irec t ion A A' B B' (A (19 (16 (1 (10 (17 (21 (11 (4 (R (18 (14 (9 (15 (8 (13 (5 (7 (3 (2 (R (R (12 (R (20 (R (6 (R (R (R (G (G Location Map ´ 0 200 400 Feet POUDRE RIVER SITE SITE ASSESSMENT LARIMER COUNTY, COLORADO Figure 2 Site Layout Tetra Tech EMI - START 2 Location Map ´ POUDRE RIVER SITE SITE ASSESSMENT LARIMER COUNTY, COLORADO Figure 4 SA Drilling Locations with Extent of Coal Tar Impacts Tetra Tech EMI - START 2 TDD No. S05-0310-016 Legend 03.10.05 o:\aztlan_center\SA\SA_Drilling_w_CTI.mxd prr Recreation Path Building Approximate Extent of Former Landfill A ! Monitoring Well Paved Area Railroad Larimer County, Colorado Fort Collins Poudre River Site ! A ! ! A A A A A A ! ! ! ! ! ! A ! A ! ! A ! ! A A A A A A ! ! ! ! ! ! A A ! Addendum 2G Floor Plan-- Existing Northside Aztlan Center Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com ADDENDUM No. 3 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: STEP II: P983 Northside Aztlan Center-Design/Build OPENING DATE: May 20, 2005 3:00 P.M. (Our Clock) To all Step II Design/Build Team finalists under the specifications and contract documents described above, the following changes are hereby made. Following the Pre-proposal Meeting on April 19, 2005: Definition: The term Contractor and Design/Builder are used synonymously. 1.) Correction to Addendum #2: Under “Maps”, a complete revised packet of maps relative to site contamination issues, as drawn by Tetra Tech, was distributed to each of the three design/build firm finalists at the pre-proposal meeting. This packet of information, containing 5 maps hand-stamp dated 4/19/05, and titled, Appendix E – Site Location; Figure 4 – SA Drilling Locations; Figure 5 – Geologic Cross Section A-A; Figure 6 – Geologic Cross Section B-B; and Figure 2 – Site Layout; supercedes all other transmissions regarding this information. 2.) Two hard copy hand-outs entitled “Northside Aztlan Community Center Replacement FREQUENTLY ASKED QUESTIONS, April, 2005; and; NORTHSIDE AZTLAN COMMUNITY CENTER – GENERAL INFORMATION APRIL 2005, were distributed to the three finalist design/build firms at the pre-proposal meeting. 3.) Please find an electronic copy of Owner’s revised Conceptual Space Plan-FINAL DRAFT dated April 19, 2005 (referred as Schematic Space plan in the original RFP) including conceptual square footage allocations. This space plan will supercede any previous versions. Please use the conceptual numbers as guidelines only. 4.) An Adobe pdf version of the Conceptual Site Plan, drawn by Aller-Lingle Architects, PC; and the Autocad version of the Topographic Drawing prepared by the Engineering Company dated August 2002,are attached as separate documents with this addendum. 5.) Regarding questions concerning a Contractor “health & safety plan” and/or contamination disposal in regard to discovery of underground site contamination as a result of construction activities: The Contractor will prepare a health and safety plan (to cover the interest of his forces) and present this plan to the City for review and approval. Use the provided HASP and Reasonable Steps as a guideline. The City will provide testing and monitoring of any suspect contaminated materials encountered on the site through their consultant, Walsh Environmental Scientists and Engineers, LLC. The Contractor will be responsible for removal and disposal of any contaminated materials. NOTE: Because of the unknown quantity of such materials, the design/build firm is asked to provide an allowance of $75,000.00 in their proposal for removal and disposal of any such encountered materials. 6.) Responsibility for the purchase of project “Equipment” clarification: The Contractor will be responsible for furnishing and installation of all equipment that is to be permanently attached. Free standing equipment, including kitchen appliances, will be purchased by the Owner. The Contractor will coordinate layout and design for all equipment to be incorporated in the project and may be responsible for installation of various equipment supplied by Owner. 7.) The Contractor will be responsible for providing an adequate sound system for the project. 8.) The Contractor will be responsible for providing an adequate security system for the project that will include intrusion alarm detection and alarm devices at windows and doors (exterior openings). The Owner may require additional devices to monitor some adjacent exterior spaces. The security system will be designed to dial out to a City approved monitoring agency. The system may be supplied in combination with the required fire alarm system if approved by Owner. The Contractor will be required to supply and install an access control system, and the primus keying system as delineated in the City of Fort Collins Building Design Standards Manual. The design standards manual is available electronically at: fcgov.com. The design/builder is encouraged to review this document. 9.) Communications: The Contractor will be responsible for design, installation, and materials, (e.g. boxes, conduits, cable trays, and associated rough-in equipment) for the project. The City’s Information Technology department will install wiring and terminal connections for telephone and data communications and supply all communication devises. The Contractor will coordinate with the City’s IT department for the placement of all communication equipment. 10.) Existing Site Monitoring Wells: Any wells that fall under the building footprint can be abandoned during the construction period. All other wells located around the site shall remain undisturbed and protected as is practical eventually being capped in an approved method by the Contractor. Contractor will not be responsible for monitoring the function of wells at any time. 11.) Permits and Fees: Contractor will be responsible for applying for and paying for construction Plan Check and Permit fees that may be assessed by all (AHJ’s) Authorities Having Jurisdiction, including, but not limited to, City of Fort Collins Building and Zoning Department and PFA. The Contractor is responsible for applying for, and the Owner will be responsible for paying for, all Planning and Development fees including PDP review fees, Construction Development Permit fee and tap fees associated with the project. 12.) The Owner will respond to additional questions until 12:00 PM (noon), April 29, 2005. Any questions received during this time period, as determined by the Owner, to have global effect will be addressed in a future addendum. *Conceptual Space Plan-FINAL DRAFT *Please use the conceptual numbers as guidelines only. Northside Aztlan Community Center April 19, 2005 SPACES SQ. FEET NOTES Gymnasium 18,000 Wood floor 3 full, 6 cross courts; adjustable backboards in 2 gyms; divider curtains; spectator seating Gymnasium equipment storage 1,200 Multi-purpose room for wrestling, boxing, etc. 2,200 Reuse portion of current gym floor; storage for mats, bags Locker rooms 2,200 With 2-3 family change rooms Multi-purpose room for social activities 4,200 2-3 sections with dividers, with performance stage; table/chair storage; dance floor area; coat storage Kitchen 800 With serving window; dish washer; food preparation space; room to seat a class of 12; exterior service entrance; adjacent to meal site space Kitchen storage room 100 Lobby and reception 1,700 2-3 registration stations; vending 4 Classrooms 1,800 1 w/ sink, wall cabinets; 1w/attached tot bathroom and storage closet Cardio/weights/workout area 2,400 Dance, aerobics, yoga area 1,100 Suspended floor; storage; mirrors Computer lab 600 Table space for studying; 1-2 computer carels Office space 2,200 5 staff w/ work room, storage; staff lounge with sink, stove; conference room to seat 8-10 Public restrooms 400 Intergenerational social area 1,200 Room for 3 pool tables; TV lounge and card tables Indoor jog/walk track 2,300 Upper & lower level custodial 200 Room for equipment/supply storage closets Circulation Incl. stairs/elevator Outdoor spaces: Patio area close to intergenerational area Replace skate park pad with concrete (above-ground equipment provided by City) Playground replacement (equipment coordinated with and provided by City) Parking – minimum 175 spaces; minimum 15 designated for persons with disabilities Outdoor basketball court replacement; reuse light fixtures Trail linkages Space for 2-4 outdoor handball courts – private group to raise at least ½ of construction cost; design for future lights RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com ADDENDUM No. 4 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: STEP II: P983 Northside Aztlan Center-Design/Build OPENING DATE: May 20, 2005 3:00 P.M. (Our Clock) To all Step II Design/Build Team finalists under the specifications and contract documents described above, the following changes are hereby made. Questions and Answers: QUESTION 1. Please confirm that the scope of work relative to the playground relocation should just be the allocation of an appropriately sized area on our site plan (It is our understanding that the City will relocate equipment and build curbs, sand pit, etc., related to the playground). ANSWER This assumption is correct. QUESTION 2. Please confirm that there will be no program space required for child care. ANSWER There will be no programmed space 'specifically" required for child care. We will make sure there are bathrooms adjacent to a class room in case we occasionally designate this class room for child care use. QUESTION 3. Please confirm whether or not the exterior handball courts will be provided under this project. The program indicates "space for" as well as a note that 1/2 of the cost will be externally funded. ANSWER The handball/racquetball courts will be designed and built by the Contractor under the construction agreement for the new facility, Funding may come from more than one source. QUESTION 4. Please confirm the number of carels required in the Computer Lab. The program note indicates 1-2, should this read "12"? ANSWER Carels is a misspelling, it should be carrels. The number of carrels anticipated is one (1) to two (2). QUESTION 5. Will there be any cooking done in the kitchen, i.e., will there be an oven and range provided? ANSWER Cooking will happen. The appliances will be provided by the City, to be installed by the Contractor. We will not design this as a commercial kitchen. Appliances will be typical residential units. QUESTION 6. Would it be appropriate to assume that the Allowance for hazmat of $75,000 (referenced in Addendum #3) will cover all site specific procedures and associated costs, e.g. protocols identified in the Walsh report including: Tyvek suits, respirators, washing down of equipment before it leaves the site, storage of material on tarps, etc.? ANSWER Let's not assume that the allowance number provided will cover all the costs. However, we anticipate that the $75,000.00 allowance will be used in your proposal for budgeting purposes for these costs. We recommend that (all) proposers use this number as an allowance for these costs so that the proposals will be equal in this respect. The City does not have an estimate for this scope of work. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 1 REQUEST FOR PROPOSAL CITY OF FORT COLLINS NORTHSIDE AZTLAN CENTER-DESIGN/BUILD PROPOSAL NO. P983 RFP OPENING DATE: 3:00 P.M. MARCH 25, 2005 2 Request for Proposal City of Fort Collins Proposal No. P983 Northside Aztlan Center -Design/Build The City of Fort Collins is seeking qualifications and the best possible combination of design and building construction services for the design and construction of the Northside Aztlan Center-Design/Build replacing the existing facility located at 112 East Willow Street. Written proposals, seven (7) copies, will be received at the City of Fort Collins’ Purchasing Division, 215 North Mason Avenue, Fort Collins, Colorado 80521. Proposals will be received before 3:00pm (our clock) March 25, 2005, Proposal No. P983. The City desires that proposing teams (or members) have experience on Recreational Facility projects of similar scope and size, and must also have had some experience on design-build projects within the last five years. • No telephone communications regarding the scope of the project will be answered. • City of Fort Collins’ staff will not hold individual meetings with any prospective proposers. • Questions concerning the scope of the proposal will be addressed in one way. o A pre-proposal meeting will be held on March 15, 2005, at 10:00am- 12:00pm, at 300 West LaPorte Avenue (City Council Chambers). 1. Call the Purchasing Fax-line, 970-416-2033 and follow the verbal instructions to request document #30983. 2. Download the Proposal/Bid from the BuySpeed Webpage https://secure2.fcgov.com/bso/login.jsp 3. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Request. Questions regarding the proposal submittal process should be directed to James B. O’Neill II, CPPO, Director of Purchasing and Risk Management, (970) 221-6775. Questions regarding the project should be directed, in writing, to Steve Seefeld, Facilities Project Manager (970) 221-6227. Questions received only until 5:00 PM, March 17, 2005. 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. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. 3 The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 4 TABLE OF CONTENTS CHAPTER 1................................................................................................................... 4-6 CHAPTER 2................................................................................................................... 7-8 CHAPTER 3…………………………………………………………………………………….9-10 CHAPTER 4……………………………………………………………………………………11 CHAPTER 5……………………………………………………………………………………12-13 CHAPTER 6……………………………………………………………………………………14-16 CHAPTER 7…………………………………………………………………………………….17 CHAPTER 8…………………………………………………………………………………….37 5 CHAPTER 1 – GENERAL INFORMATION I. GENERAL The City of Fort Collins is seeking qualifications and the best possible combination of design and building construction services for the design and construction of the Northside Aztlan Center Replacement. Pre-Conceptual design of the Facility has determined the building to be approximately 50,000 sq. ft. located at 112 East Willow Street in Fort Collins, Colorado. The Facility will serve the needs of the Recreational Community of Fort Collins and will include a three court gymnasium; multi-purpose room for wrestling & boxing; multi-purpose room for social activities; cardio, weights, and exercise area; classrooms; kitchen; computer lab; conference/meeting rooms; intergenerational lounge; jog/walk track around gym (second floor); staff offices; lobby; locker rooms; bathrooms; storage, and mechanical areas. II. REQUIREMENTS The City desires the best possible combination of design and building construction services for the project. The successful team will be responsible for ALL disciplines required for the design, engineering, cost estimating, and construction services necessary for completion of the project from conceptual design through project close- out. The successful team will be responsible for meeting all state and local licensing requirements in the design and construction of the facility. The standards referenced and included in this RFP are intended to establish the expectations the City has for this project regarding quality of materials and workmanship. III. TEAM BUILDING The City desires a successful project for everyone involved. The City would like to create an environment where trust and teamwork prevent disputes, foster a cooperative bond to everyone’s benefit, and facilitate the completion of a successful project. City staff wishes to work with the design/build team closely on a day to day basis as members of a project team during design and construction. IV. DESIGN/BUILD SELECTION PROCESS The design/build selection process will be completed in two steps: STEP I: Preliminary Selection by Qualifications The City will issue a “Request for Proposal” (RFP) and select the top three design/build teams based upon the qualifications and experience of the team. No schematic plans for this project will be considered in Step I. The selection committee will evaluate the submitting Teams’ qualifications, NOT specific architectural proposals. STEP II: Selection of the Design/Build Team Step II will be completed in two parts. Part (a.) will be comprised of the proposal written materials, and Part (b.) will be an oral interview with the Proposers. The City will transmit the following to the three selected (finalists) design/build teams: 6 a. The Northside Aztlan Center-Design/Build schematic “Space Plan”, as envisioned by Staff, dated January 2005. (This space plan will be updated by the selected design/build team). b. A detailed list of the City’s “Expectations” of the project and any special requirements. c. A site boundary survey showing gross acreage dated May 1978 by Bradford L. Smithe Associates. d. A topographic drawing of the site, dated August 2002, prepared by The Engineering Company. e. A copy of the preliminary geotechnical engineering report, dated September 30, 2002, prepared by Terracon. f. Information regarding recent site ENVIRONMENTAL WORK. In April 2001, the site of the Northside Aztlan Center was identified as an EPA superfund site and under a Brownfields Redevelopment Project site, with a modified Phase I Environmental Site Assessment being completed by Walsh Environmental Scientists and Engineers, Inc. Significant soil and ground water contamination by coal tar compounds and other related petroleum products was identified on the site. Also, the site was the former Fort Collins municipal landfill until the early 1960s. Since that time, Public Service Company of Colorado and the United States Environmental Protection Agency has conducted extensive investigation of the seep of “tarry” material in the Poudre River. They have developed detailed plans for the investigation and remediation work to be completed which is being constructed at the present time. The work is scheduled to be completed May 2005. The work will include a 700 foot vertical wall in the south bank of the Poudre River, a small treatment building in which water collected in the wall structure will be treated, and other minor structures to support the operation and maintenance of these facilities and ongoing monitoring of the area. Because the proposed location of the new Northside Aztlan Center will be built over the identified plume of coal tar, the design/build team will have to follow certain requirements developed as part of the remediation plan. These two requirements will be: 1. “Reasonable Steps”. Exhibit _____ 2. The City’s “Health and Safety Plan” for procedures if contaminant is encountered during construction. Exhibit _____. • Also, the following maps are included for your use: 1. Appendix “E” Site Location. Exhibit _____. 2. Appendix “F” Plume Map/Lateral Extent of Contamination October 2004. Exhibit _____. 7 3. Figure 2 “SA Drilling Locations with Extent of Coal Tar Imports”. Exhibit ___. 4. Figure 3 “Conceptual Site Model Diagram Geologic Cross-Section A- A”. Exhibit _____. g. A copy of the floor plan of the existing Northside Aztlan Center. h. Project Budget: The project budget for the design and construction services is in the range of $7,800,000 to $8,100,000, which includes the design services, building construction, and all “on-site” improvements. V. DESIGN INTERVIEW A schematic design interview of two hours will be held with each design/build team and the City’s selection committee to complete Step II. Following is the proposed schedule for the selection process: STEP I DATE Information available to Proposers March 1, 2005 RFP Pre-Proposal Meeting March 15, 2005 Receive Proposals March 25, 2005 Select Three Design/Build Teams April 8, 2005 STEP II DATE Submit Information to Three Design/Build Teams April 11, 2005 Pre-Proposal Meeting with Three Design/Build Teams April 19, 2005 Receive Design/Build Proposals May 20, 2005 Interviews with Three Design/Build Teams June 7, 2005 Select Final Design/Build Team June 7 , 2005 Notice to Proceed D/B Team July 11, 2005 VI. PURCHASING RESTRICTIONS The proposer’s authorized signature on the proposal assures the team’s compliance with City of Fort Collins’ purchasing restrictions. A copy of the restrictions is available for review in the Purchasing and Risk Management Division or the City Clerk’s Office. 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 fuel. VII. THE CAPITAL PROJECTS PROCEDURE MANUAL The City of Fort Collins has adopted the use of the Capital Projects Procedures Manual. The detailed Scope of Work for this project will relate to this manual. This manual correlates very closely to the phases of work sequence by the American Institute of Architects. It includes site analysis, schematic design, design development, construction documents, bidding, construction administration and project close-out. This manual will be available for use by the selected team. VIII. BUILDING DESIGN STANDARDS MANUAL The City of Fort Collins has developed a Building Design Standards Manual, dated November 2004. This manual will be available for use by the selected team. IX. STATE TAXATION The City of Fort Collins is exempt from all state taxation including state sales and use taxes. 8 CHAPTER 2 – OBJECTIVES I. DESCRIPTION The proposed project is the design and construction of an approximately 50,000 sq. ft. Recreational Facility. The Facility will serve the entire Fort Collins Community and will include a three court gymnasium; multi-purpose room for wrestling & boxing; multi- purpose room for social activities; cardio, weights, and exercise area; classrooms; kitchen; computer lab; conference/meeting rooms; intergenerational lounge; jog/walk track around gym (second floor); staff offices; lobby; locker rooms; bathrooms; storage and mechanical areas. The site needs will include patio area; skate park (use existing); playground (relocate); outdoor basketball court (lighted); outdoor handball/racquetball court; and parking. (Parking will require a detailed parking study of the entire neighborhood). The new Facility will replace the existing Facility. It is intended the existing facility will remain open during the design and construction of the new facility. The old facility will be removed and converted to parking and other designed features after the new facility has opened. The project will conform to the City of Fort Collins Land Use Code. II. IMAGE • Project Positive Image to the Community a. Convey sense of permanence and community pride. b. Timeless look, not “trendy”. c. Avoid flashy or expensive looking. d. Solid and permanent e. Useful and efficient f. Fits well into site/environment • Welcome Person with all Levels of Abilities a. ADA requirements will be paramount. b. Friendly barrier-free design. c. Integrate the disabled without stigmatizing them. d. Universal design for entire population (all ages, all levels of ability). e. Warm, professional and welcoming. f. Wide, well lighted corridors. g. The building should “delight” visitors. h. Enough entries to be convenient to approach from more than one direction. III. FLEXIBILITY/DURABILITY • Avoid having the Building Become “Outdated” in 5-10 Years a. “Serviceable” life of the building anticipated to be 50+ years. b. Plan for changes. c. Maximize use of re-locatable/reusable/recyclable products. d. Maintain “modular” space standards as identified in the program. e. Plan for future expansion. • Reduce On-Going Maintenance and Repair Costs a. Reduce need to repair or replace equipment and materials. b. Use materials that prolong the useful service life of the building. 9 c. Ensure equipment and corresponding distribution network is accessible for serviceability. d. Consider maintenance cost in the life cycle analyses of equipment, systems and materials. IV. WORK ENVIRONMENT a. Recognizing that people are the highest cost associated with buildings, provide an “uplifted” work environment that supports and enhances worker productivity. b. Design high quality lighting utilizing daylighting and quality electric lighting. c. Maximize visual connections to the outdoors without negatively, impacting energy use. d. Create a thermally comfortable environment with minimal use of energy. e. Provide good indoor air quality through use of less toxic materials, well- designed ventilation, etc. f. Minimize HVAC, and other equipment noise. V. SUSTAINABLE DESIGN It is the intent of the City of Fort Collins that the project earns enough credits using the US Green Building Council’s (USGBC) LEED™ Green Building Rating System to earn a “Silver” certification. The most current version of LEED™ at the time of the project design shall be used. In this context, it is desired that particular attention be given to building shape and orientation to optimize daylighting potential while minimizing unwanted heat gain and glare. 10 CHAPTER 3 – PROFESSIONAL SERVICES I. DESIGN SERVICES All the necessary design services to complete the project including the following: a. All customary architectural design services for a project of this size scope and budget. b. All planning design services. • The design consultants will have to coordinate the design of this facility with the work being conducted by the “Downtown River Improvement Project”. The contact person will be Kathleen Bracke (970) 224-6140. This study will determine the design criteria for the infrastructure improvements of the area. • The design consultant planners as well as the civil engineer will have to coordinate the design of this facility with the design of the improvements to the Willow Project by Lagunitas Companies. The contact person for this work will be the City’s Project Manager, Steve Seefeld. This work may include coordination and planning to formally vacate the existing alley, developing design for shared landscaping, and shared storm drainage detention with contiguous property owners. c. All landscaping and irrigation design services. d. All civil design services. • Transportation Impact Study (TIS) • All other civil work necessary for City approval. • A task required as part of the T.I.S. will be to complete a detailed “Parking Study” of the area. This parking study will include the impact of parking for the new Northside Aztlan Center, the Willow Project, the impact of the existing parking of the Larimer Community Services, Inc. parking lot, as well as the impact on the “on street” parking within the surrounding area. • A task required as part of the civil engineering work will be developing a plat of the entire site showing all the appropriate easements and tracts of the different uses of the site. i.e., the Northside Aztlan Center Tract, the Larimer County Services Tract, and the Heritage Park Tract. e. All customary structural design services. f. All customary mechanical design services. • Including: Fire Protection Design g. All customary electrical design services • Including: Communications & Security Systems Design • Including: Fire Alarm System Design h. Any Special System Design Services needed for a Recreational Facility. 11 Each design discipline will exercise due diligence in their work to maximize the potential for sustainability and energy conservation. This may include life cycle cost analysis. The City of Fort Collins desires the prime architect be experienced in Recreational Facility Design. The City desires an architect/builder and planning firm experienced in working with the City of Fort Collins planning process. The design professional will usher the project through the City approval process. The design build arrangement is expected to be a partnering between the design professional and the builder. However, the City requires that all design consultants be contracted directly with the principal A/E. II. CONSTRUCTION SERVICES The design/builder will provide all necessary construction services to complete construction of the project, including a cost consultant. a. Construction cost factors. Establish, in detail, the factors which will be used in determining the final prices of work on time and material projects OR on negotiated guaranteed maximum price construction contracts. These factors shall be comprehensive in establishing all costs to be applied to direct project labor and materials in determining the construction cost. Commitments shall include: • Overhead and profit (combined) margin for general office activities on the base bid cost. • Overhead and profit (combined) margin for field office activities on the base bid cost. • Markup on subcontractor work by the General Contractor. • Markup on materials and equipment on the base bid cost. • Markup on project labor or materials to determine the final contract price. • Change order markup, including supervision allowance, labor and material markups, and overhead and profit percentages, as a percent of labor and materials cost for any changes in the work following contract award. • You MUST submit the above requested information. The selection team will consider other methods of contract negotiations that the firm may have experience with. • Your firm is expected and required to have a completely open book policy on all pricing of work 12 CHAPTER 4 – SPECIAL INTERFACES I. SUSTAINABLE DESIGN The goal of the City is that the project will be designed using the U.S. Green Building Council’s (USBGC) LEED™ Green Building Rating System for new construction and major renovations, to earn a “silver” certification. City Utility Personnel will be involved with the design team process on a limited basis. The Design/Builder will be responsible for providing to the Owner (City of Fort Collins) with all material requirements necessary for submission to the USBGC for certification. II. COMMISSIONING The City of Fort Collins will provide the commissioning firm and the design/build team will be required to coordinate the design and construction with this commissioning agent. III. ART IN PUBLIC PLACES The design/build team will be required to work with an artist from the City’s “Art in Public Places” Program with the intent to design artistic elements into the project concept, and that are within the APP budget for this project. A member of the design/build team will be added to the committee that selects the artist. The City will contract directly with that artist. IV. FURNITURE DESIGN AND INSTALLATION The City of Fort Collins will be responsible for the furniture design and procurement. The design/build team will assist in the coordination of this effort as the furniture design will proceed at the same time as the building design. V. TESTING SERVICES The City of Fort Collins will be responsible for all the testing services (soils, concrete, asphalt, structural steel, etc.) and will contract directly with a testing agency for this work. The design/build team will assist in the coordination of this effort. The design/build team will schedule all necessary construction inspections and tests directly with the City’s designated agent for these services. VI. COMMUNICATION WORK The City of Fort Collins will be responsible for communication work with regard to telephone and computer cabling including procurement of this equipment. The design/build team will assist in the coordination of this effort. Also, it will be the responsibility of the design/build team to install the raceways, conduits, fixtures, etc. for the communication systems. Design and construction of the security system for the facility will be the responsibility of the design/build team. VII. COMPUTER LAB, EXERCISE EQUIPMENT The City of Fort Collins will be responsible for the purchase of all computer lab equipment, exercise equipment. This activity will be coordinated with the design/build team in order to locate the necessary services for the equipment. VIII. ENVIRONMENTAL WORK All environmental work relative to the subject property and completed as remediation to the EPA Superfund site will be completed by approximately May 2005. This work will not impact the design/build contract. However, the City of Fort Collins will be responsible for any environmental work associated with the design/build project for the new Northside Aztlan Center specifically, and will contract directly with an environmental consultant as needed. The design/build team will be required to “coordinate” their work with that of the City’s environmental consultant should the need for environmental work be required. 13 CHAPTER 5 – QUALIFICATION REQUIREMENTS Only Teams that have the requisite experience and qualifications are encouraged to submit proposals. I. DESIGN/BUILD PROJECTS OF RECREATIONAL FACILITIES Provide a brief project description and history for design/build projects, similar in scope to this project, completed in the last 5 years. Include the following information: a. Project description that includes the project name, firms that comprised the design/build team, occupancy type (UBC), construction type (UBC), gross square footage, major structural system(s), and HVAC system. b. Project history that includes the original schedule agreed upon at the time of signing the contract, the actual duration of design and construction, and any special characteristics of the project. c. Project budget information that includes the cost at the time of signing the contract, and the final cost. d. Methodology for controlling project cost and schedule for each phase of the project. e. Names, addresses and telephone numbers of project owners. II. FINANCIAL CAPABILITY Applicants must have the financial capacity to absorb project start-up costs, as well as to maintain the day-to-day working financial aspects of the organizational structure. Provide the following information: a. Bonding company. Provide the name, address and phone number of the firm’s bonding agent. Provide a letter from the bonding agent indicating the firm’s bonding capacity is adequate ($8,100,000) to undertake this work. b. Identify project financial arrangements. c. Any pending or outstanding claims or judgments. d. References from banking and credit institutions with which business has been conducted. e. Insurance company. Provide the name, address and phone number of the firm’s insurance agent(s). Provide certificate of insurance outlining coverage and policy limits. Can this coverage be extended for work on this project? Can coverage be increased? Can City and Engineer be listed as an additional insured? Are there any current claims that will affect coverage limits available to the City for this project? f. Financial statement. Provide a recent financial statement (audited if possible) including balance sheet and income statement showing: • Current assets • Other assets • Current liabilities • Other liabilities • Fixed assets and equipment g. Banking reference. Provide the name, address and phone number of the firm’s banking reference. 14 III. MANAGEMENT EXPERIENCE AND CAPABILITY Applicants must have strong project team leadership capability and relevant management experience, for both the design and the construction services. Provide information on: a. Recent (within the past 5 years) examples of management of projects that required management organization, skills, and expertise, similar to those required by this project. b. Approaches used to cut costs when estimated costs exceed the budget. IV. EXPERIENCE WITH SUSTAINABLE DESIGN State the team’s commitment to and experience with whole-building performance and sustainable design. List projects completed within the past 5 years that feature workable, cost-effective, low energy, and sustainable design strategies. Include: a. Design team organization used for these projects. b. Description of the process used to reach final design. c. Description of the low energy, sustainable design features of each project. d. Descriptions of energy analysis technique(s) used. e. Information on commissioning and actual performance of the listed projects. f. Names, addresses and telephone numbers of project owners. V. TEAM MEMBER EXPERIENCE Describe the level of participation in the projects listed above by key staff proposed for this project. Provide information regarding each team member’s professional licensure. Provide information regarding recent team member experience with the City of Fort Collins’ development review process, including the procedures and requirements necessary under the current Land Use Code of the City of Fort Collins “City Plan”. VI. TEAM BUILDING Describe any experience by the team or key staff on the team with similar owner/design/ build teams. Describe the firm’s experience with team building, either formal or informal. Highlight any team building experience by key staff proposed for the project. Provide references for cited experience. Describe any experience by the firm or key staff with similar owner/engineer/contractor teams. Highlight any team building experience by key staff proposed for this project. Provide references for cited experience. Address in this section all projects completed in the last five years on a negotiated contract basis and give details and references. VII. UNIQUE CAPABILITIES Describe any unique capabilities/experience the proposed key staff will bring to this project. How will their experience benefit this project? VIII. SAFETY RECORD Provide the firm’s OSHA reportable accident rate and current workman’s compensation insurance multiplier for the last 3 years. Outline your company’s safety program and any additional information that would be useful in showing your approach to a safe work site. Unsafe conditions with respect to the public, owner, engineer, and contractor are not an option. IX. SUBCONTRACTORS Based on the description of the work in this request, describe subcontractors that you have working relationships with that might be used on these projects. X. AGREEMENT COMMENTS Design Build team is expected to sign the agreement. Any exceptions to the agreement must be stated with your submission of qualifications for this project. The City makes no guarantees it will change the agreement but will consider the exceptions. 15 CHAPTER 6 – PROPOSAL EVALUATION CRITERIA I. PROCUREMENT PROCESS This is a two-step procurement process. Firms will be judged on the following rating criteria. II. STEP 1 EVAULATION Proposals will be evaluated on the following criteria. These criteria will be the basis for review of the preliminary written proposal. The rating scale is from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. No schematic plans for this project will be considered in Step 1. The selection committee will evaluate the submitting teams’ qualifications only, NOT specific architectural proposals. Weighting Factor Criteria Standard 4.0 Team Capability/ Experience Does the design/build team have the capability and experience to design and construct a project of this type and scope? Does the team have the skills to successfully manage the development review process? Has the team demonstrated, through previous work, the creativity, technical competence and project excellence to design and construct an exceptional community recreation facility? 2.0 Assigned Personnel Has the team identified the personnel that will work on the project? Are sufficient people of the requisite skill assigned to the project? 1.0 Schedule/Availability Can the target completion date be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of the services? 1.0 Motivation Does the team demonstrate the interest and motivation to perform the work in the required time frame? 1.0 Sustainable Design Has the team completed LEED design work? 1.0 Safety Record Has the team previously performed, meeting all safety requirements? OSHA Illness/Injury Rate, OSHA Lost Work Day Incidence Rate and Workman’s Comp Experience Modification Rate Insurance multiplier. 16 III. STEP II EVAULATION The three Design/Build Teams that are selected to proceed to the design and costing process will also be evaluated by the following criteria on the written proposal information at the oral interviews. The rating scale will be from 1 to 5, with 1 being a poor rating, and 5 being an outstanding rating. Weighting Factor Criteria Standard 5.0 Scope of Proposal Does the proposal show an understanding of the scope of the project, methodology to be used in the design and construction phases and the results that are desired from the project? 4.0 Guaranteed Maximum Price (GMP) and Cost Factors for Design/Build Project Do the proposed construction cost factors compare favorably with industry standards and other firms’ construction cost factors? Are the proposed design/build costs reasonable and competitive? 2.0 Construction Performance Do the referenced projects reflect favorably in respect to completion within the contract schedule, cost and number of change orders and claims? 2.0 Assigned Project Team Does the proposed team have the necessary skills and experience to fulfill the requirements of the project? Is the key staff available to doe the work? 1.0 Firm Experience Design/Build Has the firm worked on projects similar in scope to this project? Has partnering been used as a basis in design and construction of other projects? Was this work of high quality in nature? 1.0 Motivation Has the firm shown an interest in work and a commitment to the successful completion of the project? IV. EVALUATION COMMITTEE The same panel will evaluate each proposal. The panel will be comprised of the following representatives. Two representatives from the Recreation Service area, two representatives from Administrative Services, one from the Purchasing Staff, the City’s PMPD Project Manager, and one representative from outside the City organization, for a total of (7) seven. Proposers will prepare and submit seven complete proposals. Panel member evaluation scores, rankings, results and comments will remain confidential. 17 V. REFERENCE EVALUATION (TOP RANKED TEAM) The Project Manager will check references of the top ranked firms using the following criteria. The evaluation will be labeled Satisfactory/Unsatisfactory. Qualification Standard Overall Performance Would you hire this designer or builder again? Did they have the skills required by the project? Timetable Was the original scope of work completed within the specified time? Were interim deadlines met in a timely manner? Professionalism Was the professional responsive to client needs? Did the professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original scope of work completed within the project budget? Quality Was the project functional upon completion and did it operate properly? Did the project meet or exceed the client objectives and needs? 18 CHAPTER 7 – EXAMPLE AGREEMENT THIS AGREEMENT is dated of the _______day of _______________, 200_ by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter called OWNER) and _______________________________, a [fill in entity form and state of formation] (hereinafter called DESIGN/BUILDER). OWNER AND DESIGN/BUILDER, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1.01 DESIGN/BUILDER shall complete all Work as specified or indicated in the Owner- Design/Builder Contract Documents, as set forth in Section 12.01. The Work is generally described as follows: design and construction of a _________________ located ___________________________________. Article 2. THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as the design and construction of a ____________________________________________________________________________. Article 3. CONTRACT TIMES 3.01 Days to Achieve Substantial Completion and Final Payment The Work will be substantially completed within ____ days after the date when the Contract Times commence to run as provided in paragraph 2.02.A of the General Conditions and completed and ready for final payment in accordance with paragraph 13.08 of the General Conditions within ____ days after the date when the Contract Times commence to run. 3.02 Liquidated Damages A. DESIGN/BUILDER and OWNER recognize that time is of the essence of the Agreement and the OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.01 above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expenses and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and DESIGN/BUILDER agree that as liquidated damages for delay (but not as a penalty) DESIGN/BUILDER shall pay OWNER ____ Thousand Dollars ($_,000.00) for each day that expires after the time specified in paragraph 3.01 for Substantial Completion until the Work is substantially complete. Article 4. CONTRACT PRICE 4.01 OWNER shall pay DESIGN/BUILDER for completion of the Work in accordance with the Contract Documents a sum equal to the Cost of the Work plus a DESIGN/BUILDER’s Fee for overhead and profit, both of which shall be determined as provided below. 19 Article 5. COST OF THE WORK 5.01 Cost of the Work shall be determined as provided in paragraphs 10.01.A and B of the General Conditions, but, in addition to any limitations therein set forth, it shall not include costs in excess of any Guaranteed Maximum Contract Price as set forth in Article 7 hereof. Article 6. DESIGN/BUILDER’S FEE 6.01 The DESIGN/BUILDER’s Fee shall be determined as follows: A. A fixed fee of $________________which shall be subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. B. No fee shall be paid for costs listed in paragraph 10.01.B of the General Conditions. C. DESIGN/BUILDER guarantees that the maximum amount payable by OWNER in accordance with this paragraph 6.01 as a percentage fee will not exceed $___________ subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. Article 7. GUARANTEED MAXIMUM PRICE 7.01 DESIGN/BUILDER guarantees that the maximum obligation of OWNER for the sum of the Cost of the Work plus the DESIGN/BUILDER’s Fee will not exceed $____________ (the “GMP”) subject to increases or decreases for changes in the Work. Any unused contingency shall be shared as provided in Paragraph 7.02. 7.02 In the event that the Cost of the Work plus the DESIGN/BUILDER’s Fee shall be less than the GMP, as adjusted by Change Orders, the resulting Savings shall be shared by the OWNER and the DESIGN/BUILDER as follows: A. OWNER shall be entitled to Seventy-five percent (75%) of the Savings; B. DESIGN/BUILDER shall be entitled to Twenty-five percent (25%) of the Savings, at the time of Final Payment. Article 8. CHANGES IN THE WORK 8.01 The amount of any increases or decreases in the DESIGN/BUILDER’s Fee or in any Guaranteed Maximum Price or Fee which results from a Change Order shall be set forth in the applicable Change Order subject to the following: A. Any increase or decrease in the DESIGN/BUILDER’s Fee resulting from net additions or decreases in the Cost of the Work shall be determined in accordance with paragraph 11.01.C of the General Conditions. 20 B. In the case of net additions or deletions in the Work, the amount of any increase or decrease in the Guaranteed Maximum Price shall be determined in accordance with paragraph 10.01 of the General Conditions. Article 9. PAYMENT PROCEDURES 9.01 DESIGN/BUILDER shall submit and OWNER will process Applications for Payment in accordance with Article 13 of the General Conditions. Applications for Payment will indicate the amount of the DESIGN/BUILDER’s Fee then payable. A. Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of DESIGN/BUILDER’s Applications for Payment, on or about the 15th day of each month during performance of the Work as provided in paragraphs 9.01.A.1 and A.2 below. All such payments will be subject to the limitations of any Guaranteed Maximum Price or DESIGN/BUILDER’s Fee and will be measured by the acceptable Schedule of Values established in paragraph 2.06 of the General Conditions (and in the case of Unit Price Work based on the number of units completed). 1. For Cost of Work: Progress payments on account of the Cost of the Work will be made as follows: a. Prior to Substantial Completion, in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as OWNER may withhold in accordance with paragraph 13.03.B of the General Conditions. (1) 90 percent of Cost of the Work completed (with the balance being retainage). If the Work has been 50% completed as determined by OWNER, and if the character and progress of the Work have been satisfactory to OWNER, OWNER may determine that as long as the character and progress of the Work remain satisfactory, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. (2) 90 percent of (with the balance being retainage) of the cost of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 13.02.A of the General Conditions). b. Upon Substantial Completion, in an amount sufficient to increase total payments to DESIGN/BUILDER to 95 percent of the Contract Price (with the balance being retainage), less such amounts as OWNER shall determine that OWNER may withhold, in accordance with paragraph 13.03.B of the General Conditions. 21 2. For DESIGN/BUILDER’s Fee: Progress payments on account of the DESIGN/BUILDER’s Fee will be made as follows: a. Payments prior to Substantial Completion will be in an amount equal to 90 percent of such Fee earned to the date of the approved Application for Payment (less in each case payments previously made on account of such fee) based on the progress of the Work measured by the Schedule of Values established as provided in paragraph 2.06.A of the General Conditions (and in the case of Unit Price Work on the number of units completed) and upon Substantial Completion in an amount sufficient to increase total payments to DESIGN/BUILDER on account of that fee to 95 percent of the DESIGN/BUILDER’s Fee. B. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 13.08 of the General Conditions and statutorily required procedures as set forth in Section 16.05.A of the General Conditions, OWNER shall pay remainder of the Contract Price. Article 10. DESIGN/BUILDER’S REPRESENTATIONS 10.01. DESIGN/BUILDER makes the following representations: A. DESIGN/BUILDER has examined and carefully studied the Contract Documents (including the Addenda) listed in paragraphs 12.01.A through J but excluding the documents described in paragraph 12.01.K and the other related data identified in the Request for Proposals. B. DESIGN/BUILDER has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work. C. DESIGN/BUILDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. D. DESIGN/BUILDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site which have been made available by OWNER. E. DESIGN/BUILDER is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. F. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. G. DESIGN/BUILDER has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies that DESIGN/BUILDER has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, and the 22 Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 11. ACCOUNTING RECORDS 11.0 DESIGN/BUILDER shall keep such full and detailed accounts as may be necessary for proper financial management under the Contract Documents with respect to all materials, equipment and labor entering into the Work. The accounting methods shall be satisfactory to OWNER. OWNER shall be afforded reasonable access to all of DESIGN/BUILDER’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to the Cost of Work and DESIGN/BUILDER’s Fee. DESIGN/BUILDER shall preserve all such documents for a period of three years after final payment by OWNER. Article 12. CONTRACT DOCUMENTS 12.01 The Contract Documents which comprise the entire agreement between OWNER and DESIGN/BUILDER concerning the Work consist of the following: A. This Agreement (pages 1 to ______, inclusive). B. Exhibits to this Agreement (pages _______ to _______, inclusive). C. OWNER’s Request for Proposal No. P-___, along with Conceptual Documents identified therein. D. DESIGN/BUILDER’s Proposal in Response to OWNER’s Request for Proposal No. P-___. E. Notices to Proceed. F. Performance, payment, and other Bonds, identified as Section 00600 ____ and consisting of ______pages. G. Standard General Conditions of the Contract Between Owner and Design/Builder (pages one to thirty-four, inclusive). H. Supplementary Conditions (pages ______ to _______, inclusive). I. Addenda numbers ______ through ______ inclusive. J. Other Documentation submitted by DESIGN/BUILDER prior to Notice of Award (pages _______ to _______, inclusive). K. The following, which may be delivered, prepared or issued after the Effective Date of this Agreement and are not attached hereto: 23 1. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04.A of the General Conditions. 2. Specifications as defined in Paragraph 1.01.A.40 of the General Conditions. 3. Drawings as defined in Paragraph 1.01.A.18 of the General Conditions. 12.02 The documents listed in paragraph 12.01 above are attached to this Agreement (except as otherwise expressly noted). 12.03 There are no Contract Documents other than those listed above in this Article 12. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04.A of the General Conditions. 12.04 In the case of any irreconcilable ambiguity, inconsistency or conflict between DESIGN/BUILDER’s Proposal (Section 12.01.D) and the Request for Proposal (Section 12.01.C), the terms of the Proposal shall be controlling. In the case of any irreconcilable ambiguity, inconsistency or conflict among the Contract Documents listed in Section 12.01, the documents listed in Section 12.01.K shall govern, and in the case of any irreconcilable ambiguity, inconsistency or conflict among the documents listed in Section 12.01.K, the documents listed in Sections 12.01.K.1, Section 12.01.K.2, and Section 12.01.K.3 shall take precedence, in the order herein listed. Article 13. MISCELLANEOUS 13.01 The Standard General Conditions of the Contract Between Owner and Design/Builder are referred to herein as the General Conditions. 13.02. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated therein. 13.03 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 without limitation, 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 the assignor from any duty or responsibility under the Contract Documents. 13.04 OWNER and DESIGN/BUILDER 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, agreements and obligations contained in the Contract Documents. 13.05. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and DESIGN/BUILDER, who agree that the Contract 1 Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 13.06 The Contract Documents shall constitute public records under the Colorado Public Records Act, and shall be available for public review upon request, except for the Audited Financial Statement of DESIGN/BUILDER included in DESIGN/BUILDER’S Proposal. IN WITNESS WHEREOF, OWNER and DESIGN/BUILDER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and DESIGN/BUILDER. All portions of the Contract Documents have been signed, initiated or identified by OWNER and DESIGN/BUILDER. This Agreement will be effective on ________________________, 200_. 2 OWNER: CITY OF FORT COLLINS DESIGN/BUILDER: __________________ By: _______________________________ ____________________________________ Darin Atteberry City Manager By: ______________________________ By:_________________________________ James B. O’Neill II, CPPO, FNIGP Name:__________________________ Director of Purchasing and Risk Management Title:___________________________ Date: _____________________________ Date: _______________________________ [CORPORATE SEAL] ATTEST: ATTEST: __________________________________ ____________________________________ City Clerk Address for giving notices: Address for giving notices: PO Box 580 Fort Collins, CO 80522 APPROVED AS TO FORM: License No. Assistant City Attorney (If DESIGN/BUILDER is a corporation, attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: ___________________________ Name:______________________________ Title: ______________________________ Title: _______________________________ Address: ___________________________ Address: ____________________________ Phone: _____________________________ Phone: _____________________________ Facsimile: __________________________ Facsimile: ___________________________ 3 00410 Proposal Bond 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 7/96 Section 00410 Page 1 SECTION 00410 PROPOSAL 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 Proposal and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, ******************************************************** ****************************************************************. NOW THEREFORE, (a) If said Proposal shall be rejected, or (b) If said Proposal 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 Proposal) 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 Proposal, 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 Proposal; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 2 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 SURETY Name:_____________________________ __________________________________ Address:__________________________ __________________________________ __________________________________ __________________________________ By:_______________________________ By: ______________________________ Title: ___________________________ Title:____________________________ ATTEST: By:_______________________________ (SEAL) (SEAL) 7/96 Section 00610 Page 1 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20__, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, . NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 2 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this day of , 20__. IN PRESENCE OF: Principal ______________________________ ________________________________________ ______________________________ ________________________________________ (Title) ________________________________________ (Address) (Corporate Seal) IN PRESENCE OF: Other Partners _____________________________ By:_____________________________________ _____________________________ By:_____________________________________ IN PRESENCE OF: Surety _____________________________ By:_____________________________________ _____________________________ By:_____________________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 1 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20__, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, . NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 Page 2 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this day of , 20__. IN PRESENCE OF: Principal ______________________________ By:___________________________________ ______________________________ ______________________________________ (Title) ______________________________________ (Address) (Corporate Seal) IN PRESENCE OF: Other Partners ______________________________ ______________________________________ ______________________________ ______________________________________ IN PRESENCE OF: Surety ______________________________ By:___________________________________ ______________________________ By:___________________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00630 Page 1 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00635 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: ______________________________ ________________________________________ ________________________________________ ________________________________________ PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins ____________________________ ____________________________ CONTRACTOR: _____________________________ ____________________________ CONTRACT DATE:________________________________ The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. _________________________________ __________________________________ ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. ________________________________ By: ___________________________________ CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: ___________________________________ OWNER AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00640 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20__ TO: Gentlemen: You are hereby notified that on the day of , 20__, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project,________________________________. 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 . In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: . Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00650 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from 7/96 Section 00650 Page 2 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. Signed this day of , 20__. CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20__, by Witness my hand and official seal. My Commission Expires: . Notary Public 7/96 Section 00670 Page 1 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , ____ . (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. Section 00670 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Section 00670 Page 2 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. City of Fort Collins changes to this document are shown by underlining text that has been added and striking through text that has been deleted. STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ___________________ AMERICAN COUNCIL OF ENGINEERING COMPANIES ___________________ AMERICAN SOCIETY OF CIVIL ENGINEERS EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with either one of the two Agreements between Owner and Design/Builder (Nos. D-520 and D-525, 2002 Editions) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated and a change in one may necessitate a change in the others. The suggested language and instructions contained in the Guide to Use of EJCDC Design/Build Documents (No. D-001, 2002 Edition) is also carefully interrelated with the language of these General Conditions. The Guide also contains comments concerning the use of the General Conditions. Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 TABLE OF CONTENTS Page ARTICLE 1 – DEFINITIONS AND TERMINOLOGY ....................................................................................................................1 1.01 Defined Terms .......................................................................................................................................................................1 1.02 Terminology...........................................................................................................................................................................3 ARTICLE 2 – PRELIMINARY MATTERS......................................................................................................................................4 2.01 Delivery of Bonds..................................................................................................................................................................4 2.02 Commencement of Contract Times; Notice to Proceed.........................................................................................................4 2.03 Starting the Work...................................................................................................................................................................4 2.04 Before Starting the Work .......................................................................................................................................................4 2.05 Initial Conference...................................................................................................................................................................4 2.06 Initial Acceptance of Schedules.............................................................................................................................................5 ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE..............................................................................5 3.01 Intent ......................................................................................................................................................................................5 3.02 Reference Standards...............................................................................................................................................................5 3.03 Resolving Discrepancies........................................................................................................................................................5 3.04 Amending and Supplementing Contract Documents .............................................................................................................6 3.05 Reuse of Documents Use of Design Materials.......................................................................................................................6 3.06 Electronic Data.......................................................................................................................................................................7 ARTICLE 4 – AVAILABILITY OF LANDS; DIFFERING SITE SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS; HAZARDOUS ENVIRONMENTAL CONDITIONS ...............................................................................7 4.01 Availability of Lands .............................................................................................................................................................7 4.02 Differing Site Conditions Subsurface and Physical Conditions.............................................................................................7 4.03 Reference Points ....................................................................................................................................................................9 4.04 Hazardous Environmental Condition at Site Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material.......10 ARTICLE 5 – BONDS AND INSURANCE....................................................................................................................................10 5.01 Performance, Payment and Other Bonds .............................................................................................................................11 5.02 Licensed Sureties and Insurers.............................................................................................................................................11 5.03 Certificates of Insurance ......................................................................................................................................................11 5.04 Design/Builder's Liability Insurance....................................................................................................................................11 5.05 Owner's Liability Insurance .................................................................................................................................................12 5.06 Property Builders Risk Insurance.........................................................................................................................................12 5.07 Waiver of Rights..................................................................................................................................................................13 5.08 Receipt and Application of Insurance Proceeds...................................................................................................................14 5.09 Acceptance of Bonds and Insurance; Option to Replace .....................................................................................................14 5.10 Partial Utilization, Acknowledgment of Property Insurance ...............................................................................................14 ARTICLE 6 – DESIGN/BUILDER'S RESPONSIBILITIES...........................................................................................................14 6.01 Design Professional Services ...............................................................................................................................................14 6.02 Supervision and Superintendence of Construction ..............................................................................................................15 6.03 Labor, Working Hours .........................................................................................................................................................15 6.04 Services, Materials, and Equipment.....................................................................................................................................15 6.05 Progress Schedule ................................................................................................................................................................16 6.06 Concerning Subcontractors, Suppliers and Others...............................................................................................................16 6.07 Patent Fees and Royalties ....................................................................................................................................................16 6.08 Permits .................................................................................................................................................................................17 6.09 Laws or Regulations ............................................................................................................................................................17 6.10 Taxes....................................................................................................................................................................................17 6.11 Use of Site and Other Areas.................................................................................................................................................17 6.12 Record Documents...............................................................................................................................................................18 6.13 Safety and Protection ...........................................................................................................................................................18 6.14 Safety Representative...........................................................................................................................................................18 6.15 Hazard Communication Programs .......................................................................................................................................18 6.16 Emergencies.........................................................................................................................................................................18 6.17 Submittals ............................................................................................................................................................................19 6.18 Continuing the Work............................................................................................................................................................19 6.19 Post-Construction Phase ......................................................................................................................................................19 6.20 Design/Builder's General Warranty and Guarantee .............................................................................................................19 6.21 Indemnification....................................................................................................................................................................19 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 ARTICLE 7 – OTHER CONSTRUCTION......................................................................................................................................20 7.01 Related Work at Site ............................................................................................................................................................20 7.02 Coordination ........................................................................................................................................................................21 ARTICLE 8 – OWNER'S RESPONSIBILITIES .............................................................................................................................21 8.01 General.................................................................................................................................................................................21 8.02 Insurance..............................................................................................................................................................................21 8.03 Limitations on Owner's Responsibilities..............................................................................................................................21 8.04 Undisclosed Hazardous Environmental Condition ..............................................................................................................22 8.05 Resident Project Representation ..........................................................................................................................................22 8.06 Owner's Consultant ..............................................................................................................................................................22 ARTICLE 9 – CHANGES IN THE WORK; CLAIMS....................................................................................................................22 9.01 Authorized Changes in the Work.........................................................................................................................................22 9.02 Unauthorized Changes in the Work .....................................................................................................................................22 9.03 Claims ..................................................................................................................................................................................22 9.04 Execution of Change Orders ................................................................................................................................................22 9.05 Notice to Sureties.................................................................................................................................................................22 9.06 Effect of Change Orders ......................................................................................................................................................23 ARTICLE 10 – COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK.............................................................23 10.01 Cost of the Work................................................................................................................................................................23 10.02 Cash Allowances................................................................................................................................................................25 10.03 Unit Prices..........................................................................................................................................................................25 ARTICLE 11 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ...........................................................25 11.01 Change of Contract Price ...................................................................................................................................................25 11.02 Change of Contract Times .................................................................................................................................................26 ARTICLE 12 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION OR WORK........................................................................................................................................................27 12.01 Notice of Defects ...............................................................................................................................................................27 12.02 Access to Construction.......................................................................................................................................................27 12.03 Tests and Inspections .........................................................................................................................................................27 12.04 Uncovering Construction ...................................................................................................................................................27 12.05 Owner May Stop Construction or Work ............................................................................................................................28 12.06 Correction or Removal of Defective Construction or Work ..............................................................................................28 12.07 Correction Period ...............................................................................................................................................................28 12.08 Acceptance of Defective Construction...............................................................................................................................28 12.09 Owner May Correct Defective Construction or Work .......................................................................................................28 12.10 No Limitation.....................................................................................................................................................................29 ARTICLE 13 – PAYMENTS TO DESIGN/BUILDER AND COMPLETION...............................................................................29 13.01 Schedule of Values ............................................................................................................................................................29 13.02 Application for Progress Payment .....................................................................................................................................29 13.03 Review of Applications for Progress Payments.................................................................................................................29 13.04 Design/Builder's Warranty of Title ....................................................................................................................................30 13.05 Substantial Completion......................................................................................................................................................30 13.06 Partial Utilization...............................................................................................................................................................30 13.07 Final Inspection..................................................................................................................................................................31 13.08 Final Payment ....................................................................................................................................................................31 13.09 Final Completion Delayed .................................................................................................................................................31 13.10 Waiver of Claims ...............................................................................................................................................................32 ARTICLE 14 – SUSPENSION OF WORK AND TERMINATION ...............................................................................................32 14.01 Owner May Suspend Work................................................................................................................................................32 14.02 Owner May Terminate for Cause.......................................................................................................................................32 14.03 Owner May Terminate for Convenience............................................................................................................................32 14.04 Design/Builder May Stop Work or Terminate...................................................................................................................33 ARTICLE 15 – DISPUTE RESOLUTION ......................................................................................................................................33 ARTICLE 16 – MISCELLANEOUS ...............................................................................................................................................33 16.01 Giving Notice.....................................................................................................................................................................33 16.02 Computation of Times .......................................................................................................................................................33 16.03 Cumulative Remedies ........................................................................................................................................................33 16.04 Survival of Obligations ......................................................................................................................................................34 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 1 STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1. Addenda – Written or graphic instruments issued prior to the opening of Proposals which clarify, correct or change the Request for Proposals or the Contract Documents. 2. Agreement – The written instrument which is evidence of the agreement between Owner and Design/Builder covering the Work. 3. Application for Payment – The form which is to be used by Design/Builder in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos – Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bonds – Performance and payment bonds and other instruments of security. 6. Change Order – A written order which is signed by Design/Builder and Owner which authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 7. Claim – A demand or assertion by Owner or Design/Builder seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a claim. 8. Conceptual Documents – The drawings and specifications and/or other graphic or written materials, criteria and information concerning Owner's requirements for the Project, such as design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, including those items enumerated in the Request for Proposals which show or describe the character and scope of, or relate to, the Work to be performed or furnished and which have been prepared by or for Owner. 9. Construction – The result of performing or furnishing of labor, the furnishing and incorporating of materials and equipment into the Work and the furnishing of services (other than Design Professional Services) and documents, all as required by the Contract Documents. 10. Construction Subagreement – A written agreement between Design/Builder and a construction Subcontractor for provision of Construction. 11. Contract – The entire and integrated written EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 2 16. Design Subagreement – A written agreement between Design/Builder and a design professional for provision of Design Professional Services. 17. Design Professional Services – Services related to the preparation of Drawings, Specifications, and other design submittals specified by the Contract Documents and required to be performed by licensed design professionals, as well as other services provided by or for licensed design professionals during Bidding/Negotiating, Construction, or Operational phases. 18. Drawings – Those portions of the Contract Documents prepared by or for Design/Builder and approved by Owner consisting of drawings, diagrams, illustrations, schedules and other data which show the scope, extent, and character of the Work. 19. Effective Date of the Agreement – The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 20. Field Order – A written order issued by Owner which orders minor changes in the Work in accordance with Article 9 – Changes in the Work; Claims, but which does not involve a change in the Contract Price or the Contract Times. 21. Hazardous Environmental Condition – The presence at the Site of Asbestos, Hazardous Waste, PCB's, Petroleum Products or Radioactive Materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto on connection with the Work. 22. Hazardous Waste – The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 23. Laws or Regulations – Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 23a. Legal Holidays – Those holidays observed by the City of Fort Collins. 24. Liens – Charges, security interests or encum- brances upon real property or personal property. 25. Milestone – A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 26. Notice of Award – The written notice by Owner to the successful proposer stating that upon compliance by the successful proposer with the conditions precedent included therein, within the time specified, Owner will sign and deliver the Agreement. 27. Notice to Proceed – A written notice given by Owner to Design/Builder fixing the date on which the Contract Times will commence to run and on which Design/Builder shall start to perform the Work. 28. Owner – The individual or entity with whom EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 3 objectives and the procedure to be followed in preparing and submitting a Proposal and awarding a contract. 37. Resident Project Representative – The authorized representative of Owner who may be assigned to the Site or any part thereof. 37a. Samples – Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work shall be judged. 38. Schedule of Values – A schedule prepared by Design/Builder and acceptable to Owner indicating that portion of the Contract Price to be paid for each major component of the Work. 38a. Shop Drawings – All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for Design/Builder and submitted by Design/Builder to illustrate some portion of the Work. 39. Site – Lands or other areas designated in the Contract Documents as being furnished by Owner upon which Construction is to be performed, including rights-of- way and easements for access thereto, and such other lands furnished by Owner which are designated for use of Design/Builder. 40. Specifications – The part of the Contract Documents prepared by or for Design/Builder and approved by Owner consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 41. Subcontractor – An individual or entity other than a Supplier having a direct contract with Design/Builder or with any other Subcontractor for the performance of a part of the Work. 42. Submittal – A written or graphic document prepared by or for Design/Builder which is required by the Contract Documents to be submitted to Owner by Design/Builder. Submittals may include Drawings, Specifications, progress schedules, shop drawings, samples, cash flow projections, and Schedules of Values. Submittals other than Drawings and Specifications are not Contract Documents. 43. Substantial Completion – The time at which the Work (or a specified part) has progressed to the point where it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions – The part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier – A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with Design/Builder or with any Subcontractor to furnish EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 4 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 Owner's final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion) provided that the defect was not caused by Owner. 3. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 4 . The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials or equipment or equipment complete and ready for intended use. 5. The words “perform” or “provide” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 6. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Design/Builder, “provide” is implied. 7. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with that meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When Design/Builder delivers the executed Agreements to Owner, Design/Builder shall also deliver to Owner such Bonds as Design/Builder may be required to furnish in accordance with paragraph 5.01.A. 2.02 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. Unless agreed to in writing by Owner and Design/Builder, the Contract Times will commence to run no later than the ninetieth day after the last day for receipt of the Proposal or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.03 Starting the Work A. Design/Builder shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.04 Before Starting the Work A. Design/Builder's Review of Contract Documents: Before undertaking each part of the Work, Design/Builder shall carefully study and compare those Contract Documents EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 5 C. Evidence of Insurance: Before any Work at the Site is started, Design/Builder and Owner shall each deliver to the other, certificates of insurance as required by paragraph 5.03 which Design/Builder and Owner respectively are required to purchase and maintain in accordance with Article 5. shall deliver to Owner certificates of insurance (and other evidence of insurance requested by Owner) which Design/Builder is required to purchase and maintain in accordance with Article 5 – Bonds and Insurance. 2.05 Initial Conference A. Within twenty days after the Contract Times start to run, Design/Builder will arrange a conference attended by Owner and Design/Builder and others as appropriate to establish a working understanding among the parties as to the Work and to discuss the design concepts, schedules referred to in paragraph 2.04.B, procedures for handling Submittals, processing Applications for Payment, maintaining required records, items required pursuant to paragraph 8.01.A.6 and other matters. 2.06 Initial Acceptance of Schedules A. At least ten days before submission of the first Application for Payment (unless otherwise provided in the Contract Documents), Design/Builder will arrange a conference attended by Design/Builder, Owner and others as appropriate to review for acceptability the schedules submitted in accordance with paragraph 2.04.B. Unless otherwise provided in the Contract Documents, before any work at the site begins, a conference attended by Design/Builder, Owner’s Representative and others as designated by Owner will be held to review for acceptability to Owner as provided herein the schedules submitted in accordance with paragraph 2.04.B. Design/Builder shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Design/Builder until the acceptable schedules are submitted to Owner. 1. The progress schedule will be acceptable to Owner if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on Owner responsibility for the progress schedule, for sequencing, scheduling or progress of the Work nor interfere with nor relieve Design/Builder from Design/Builder's full responsibility therefor. 2. Design/Builder's schedule of Submittals will be acceptable to Owner if it provides a workable arrangement for reviewing and processing the required Submittals. 3. Design/Builder's Schedule of Values will be acceptable to Owner as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the work. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 6 2. No provision of any such standard, specification, manual, code, or instruction of a Supplier shall be effective to change the duties and responsibilities of Owner, Design/Builder, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Owner 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 the Contract Documents. 3.03 Resolving Discrepancies A. In the event of a discrepancy between the Conceptual Documents on the one hand and the Proposal or Drawings or Specifications on the other hand, the Conceptual Documents will control except when Owner has approved a Submittal pursuant to paragraph 6.17.B. B. Except as otherwise specifically stated in the Contract Documents, 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: 1. The provisions of any such standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. The provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3. In the event of conflicting or ambiguous provisions within the Contract Documents, specifications will take precedence over the drawings and addenda will take precedence over both. Notwithstanding the foregoing, the more specific provision will take precedence over the less specific; the more stringent will take precedence over the less stringent; the more expensive item will take precedence over the less expensive. On all drawings, figures take precedence over scaled dimensions. Scaling of dimensions, if done, is done at the Design/Builder’s own risk. C. If, during the performance of the Work, Design/Builder discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 3.03.B, Design/Builder shall report it to Owner in writing at once, and Design/Builder shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.16) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04.A; provided, however, that Design/Builder shall not be liable to EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 7 Project a royalty-free license to any such Design materials as to which the Design/Builder may assert any rights under the patent or copyright laws. The Design/Builder hereby assigns outright and exclusively to the Owner all copyrights in the design appearance of the Project. The Design/Builder, as part of its agreements with any Subcontractor or consultant, will secure such license and use rights from each such entity, and shall defend, indemnify and hold the Owner and any successors or assigns harmless from any claims by such entities for copyright or patent infringement. B. The Drawings, Specifications and other documents prepared for this Project are for use solely with respect to this Project and the author of these documents, consistent with Owner’s ownership of the design, shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Drawings, Specifications and other documents for information and reference in connection with the Owner’s use and occupancy of the Project. The Drawings, Specifications or other documents shall not be used by the Owner or others on other projects. Submission or distribution of documents to meet official regulatory requirements or for other similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved herein. C. Subject to Owner’s remedies for a default, the Owner shall release the Design/Builder, its Subcontractors, consultants, and their respective agents and employees from all Owner’s claims, liabilities, demands, actions, costs and expenses (including reasonable attorney’s and expert’s fees and costs) (a) arising from any use by the Owner, its successors or assigns of such Design Materials if the Design/Build Agreement is terminated by the Owner prior to Substantial Completion of the Work, or (b) arising as a result of amendments or modifications of any such Design Materials made without the prior consent of Design/Builder, and which do not result from errors, omissions or negligence in the Design Materials supplied hereunder. D. Upon conclusion of the Project and before final payment, Design/Builder shall provide Owner with reproducible drawings and electronic computer files of the Project containing accurate information on the Project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non-fading process proven suitable for long-term storage and high-quality reproduction. Electronic computer files shall be in AutoCAD Version 13 format. 3.06 Electronic Data A. Copies of data furnished by Owner to Design/Builder or Design/Builder to Owner that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 8 A. Design/Builder shall promptly, and before the conditions are disturbed, give a written notice to Owner of (i) subsurface or latent physical conditions at the Site which differ materially from those indicated in the Contract Documents, or (ii) unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character called for by the Contract Documents. B. Owner will investigate the Site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Design/Builder's cost of, or the time required for, performing any part of the Work, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the Contract Price or Times modified in writing by Change Order in accordance with Article 9. C. No request by Design/Builder for an equitable adjustment under paragraph 4.02 shall be allowed unless Design/Builder has given the written notice required; provided that the time prescribed in 9.03.A for giving written notice may be extended by Owner. D. The provisions of this paragraph 4.02 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. A. Reports and Drawings: Refer to these Supplementary Conditions for identification of: 1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by Owner in preparing the Contract Documents, including the following: See Section 00800 Supplementary Conditions __________________________________________. Design/Builder may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretation or opinions contained therein or upon the completeness of any information in the report. 2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by OWNER in preparing the Contract Documents. a. No drawings of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.02.G) which are at or contiguous to the site have been utilized in preparation of the Contract Documents, except the following: See Section 00800 Supplementary Conditions _____________________________________ B. Limited Reliance by Design/Builder Authorized; Technical Data: Design/Builder may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Request for Proposals or in these Supplementary Conditions. Except for such reliance on such “technical data”, Design/Builder may not rely upon or make any claim against EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 9 E. Possible Contract Documents Change: If Owner concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.02.C, a Work Change Directive or a Change Order will be issued as provided in Article 9 to reflect and document the consequences of such change. F. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in Design/Builders cost of, or time required for performance of, the Work; subject, however, to the following: 1. such condition must meet any one of more of the categories described in paragraph 4.02.C; 2. a change in the Contract Documents pursuant to paragraph 4.02.E will not be an automatice authorization of nor a condition precedent to entitlement to any such adjustment; 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 paragraph 10.03; and 4. Design/Builder shall not be entitled to any adjustment in the Contract Price or Times if: a. Design/Builder knew of the existence of such conditions at the time Design/Builder made a final commitment to Owner in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or b. 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 Request for Proposals or Contract Documents to be conducted by or for Design/Builder prior to Design/Builder’s making such final commitment; or c. Design/Builder failed to give the written notice within the time and as required by Paragraph 4.02.C above. 5. If Owner and Design/Builder are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 10 and 11. However, Owner shall not be liable to Design/Builder for any claims, costs, losses or damages sustained by Design/Builder on or in connection with any other project or anticipated project. G. Physical Conditions – Underground Facilities: 1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to Owner by the owners of such Underground Facilities or by others Unless it is otherwise expressly provided in the Supplementary Conditions, Owner shall not be responsible for the accuracy or completeness of any such information or data, and the cost of all of the following will be included in the Contract Price and Design/Builder shall have full EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 10 4.03 Reference Points A. Design/Builder shall be responsible for laying out the Work and shall protect and preserve the reference points and property monuments established by Owner pursuant to paragraph 8.01.A.6.e, and shall make no changes or relocations without the prior written approval of Owner. Design/Builder shall report to Owner whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Hazardous Environmental Condition at Site Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material A. Design/Builder will not be responsible for any Hazardous Environmental Condition encountered at the Site which was not identified in the Contract Documents to be within the scope of the Work. Design/Builder shall be responsible for materials creating a Hazardous Environmental Condition created by any materials brought to the Site by Design/Builder, Subcontractors, Suppliers or anyone else for whom Design/Builder is responsible Owner shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site unless such substance or material should have been ascertained by Design/Builder in accordance with paragraph 4.02.C.5. OWNER shall not be responsible for any such materials brought to the site, managed, stored, or disposed of by Design/Builder, Subcontractors, Suppliers, or anyone else for whom Design/Builder is responsible.. B. If Design/Builder encounters a Hazardous Environmental Condition, Design/Builder shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Construction in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify Owner (and thereafter confirm such notice in writing). Owner shall promptly determine the necessity of retaining a qualified expert to evaluate such condition or take corrective action, if any. C. Design/Builder shall not be required to resume Construction in connection with such Hazardous Environmental Condition or in any such affected area until after Owner has obtained any required permits related thereto and delivered to Design/Builder written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Construction, or (ii) specifying any special conditions under which such Construction may be resumed safely. If Owner and Design/Builder cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Construction stoppage or EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 11 5.01 Performance, Payment and Other Bonds A. Design/Builder shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Design/Builder's obligations to furnish, provide and pay for Work and related materials under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. Design/Builder shall also furnish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 by the Audit Staff, Bureau of Government Financial Operations, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by Design/Builder is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.B and 5.02, Design/Builder shall within twenty ten (10) days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B and 5.02 must be acceptable to Owner. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Design/Builder shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Design/Builder shall deliver to Owner, with copies to each additional insured indicated in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Design/Builder is required to purchase and maintain. Owner shall deliver to Design/Builder, with copies to each additional insured indicated in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Design/Builder or any other additional insured) which Owner is required to purchase and maintain. 5.04 Design/Builder's Liability Insurance A. Design/Builder shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 12 officers, directors, partners, and employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. Include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; the limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For paragraphs 5.04.A.1 and 5.04.A.2: Coverage A – Statutory limits; Coverage B -- $100,000/ $100,000/ $500,000. For paragraphs 5.04.A.3 and 5.04.A.5: The Commercial General Liability Policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosions, Collapse, and Underground coverage unless waived by the Owner. For paragraph 5.04.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). For paragraph 5.04.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. For paragraph 5.02.C: The Professional Liability Errors & Omissions policy will have limits of $5,000,000. 3. Include completed operations insurance; 4. Include contractual liability insurance covering Design/Builder's indemnity obligations under paragraphs 6.11.A.3 and 6.21; 5. Contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to Owner and each other additional insured indicated in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Design/Builder pursuant to paragraph 5.03 will so provide); 6. Remain in effect at least until final payment and at all times thereafter when Design/Builder may be correcting, removing or replacing defective Construction in accordance with paragraphs 12.06 and 12.07; and 7. With respect to completed operations insurance, and any other insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment (and Design/Builder shall furnish Owner and each other additional insured indicated in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to Owner EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 13 malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws or Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. Include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. Cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Construction, provided that such materials and equipment have been included in an Application for Payment approved by Owner; 5. Allow partial utilization in accordance with paragraph 13.06; 6. Include testing and startup; and 7. Be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner and Design/Builder with thirty days' written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws or Regulations which will include the interests of Owner, Owner's Consultants, Design/Builder, Subcontractors, and any other individuals or entities indicated in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by Owner in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to Design/Builder and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Design/Builder, Subcontractors, Suppliers, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount, will be borne by Design/Builder, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Design/Builder requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Design/Builder by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Design/Builder whether or not such other EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 14 Completion pursuant to paragraph 13.05, or after final payment pursuant to paragraph 13.08. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Design/Builder, Subcontractors, Owner's Consultant, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.08.B. 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 Construction shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Design/Builder has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party Design/Builder in accordance with Article 5 on the basis of their not complying with the Contract Documents, the objecting party Owner shall so notify the other party Design/Builder in writing within ten fifteen (15) days after receipt of the certificates (or other evidence requested) required by paragraph 2.04.C. Owner and Design/Builder shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was supposed to provide such coverage, and a Change Order shall be issued to adjust the EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 15 5. On the basis of the Conceptual Documents and Design/Builder's Proposal, prepare preliminary design documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project; 6. Furnish the preliminary design documents to and review them with Owner within the times indicated in the schedules described in paragraphs 2.06.A.1 and 2.06.A.2; and 7. Identify any variations in the preliminary design documents from the Contract Documents in accordance with 6.17.B. C. Final Design Phase. After written acceptance by Owner of the preliminary design phase documents Design/Builder shall: 1. On the basis of the accepted Preliminary Design Phase documents, prepare final Drawings showing the scope, extent, and character of the Construction to be performed and furnished by Design/Builder and Specifications (which will be prepared, where appropriate, in general conformance with the sixteen division format of the Construction Specifications Institute); 2. Provide technical criteria, written descriptions and design data required for obtaining approvals of such governmental authorities as have jurisdiction to review or approve the final design of the Project, and assist Owner in consultations with appropriate authorities; 3. Furnish the above documents, Drawings, and Specifications to and review them with Owner within the times indicated in the schedules described in paragraphs 2.06.A.1 and 2.06.A.2; and 4. Identify any deviations from other Contract Documents in accordance with paragraph 6.17.B. 6.02 Supervision and Superintendence of Construction A. Design/Builder shall supervise, inspect and direct the Construction competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to provide the Construction in accordance with the Contract Documents. Design/Builder shall be solely responsible for the means, methods, techniques, sequences and procedures of Construction. Design/Builder shall be responsible to see that the completed Construction complies accurately with the Contract Documents and shall keep Owner advised as to the quality and progress of the Construction. B. At all times during the progress of Construction, the Design/Builder shall assign a competent resident superintendent thereto, who shall not be replaced without written notice to Owner except under extraordinary circumstances. The superintendent will be Design/Builder's representative at the Site and shall have authority to act on behalf of Design/Builder. All communications given to or received from the superintendent shall be binding on Design/Builder. 6.03 Labor, Working Hours A. Design/Builder shall provide competent, suitably qualified personnel to perform the Work as required EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 16 satisfactory evidence (including reports of required tests) as to the source, 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. 6.05 Progress Schedule A. Design/Builder shall adhere to the progress schedule established in accordance with paragraph 2.06.A as it may be adjusted from time to time as provided below: 1. Design/Builder shall submit to Owner for acceptance proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect, and will comply with any provisions of the Contract Documents applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 11.02. Such adjustments may only be made by a Change Order or . 6.06 Concerning Subcontractors, Suppliers, and Others A. Design/Builder shall not employ any Subcontractor, Supplier, or other individual or entity against whom Owner may have reasonable objection. Design/Builder shall not be required to employ any Subcontractor, Supplier or other individual or entity to furnish or perform any of the Work against whom Design/Builder has reasonable objection. Design/Builder shall perform not less than 20 percent of the Work with its own forces (that is, without subcontracting). The 20 percent requirement shall refer to the Work the value of which totals not less than 20 percent of the Contract Price. B. Design/Builder shall be fully responsible to Owner for all acts and omissions of the Subcontractors, Suppliers and other individuals or entities performing or furnishing any of the Work just as Design/Builder is responsible for Design/Builder's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner and any such Subcontractor, Supplier, or other individual or entity, nor shall it create any obligation on the part of Owner to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws or Regulations. C. Design/Builder shall be solely responsible for scheduling and coordinating Subcontractors, Suppliers and other individuals and entities performing or furnishing any of the Work under a direct or indirect contract with Design/Builder. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Design/Builder in dividing the Work among Subcontractors and Suppliers or delineating the Work to be performed by any specific trade. D. Design/Builder shall require all Subcontractors, Suppliers and such other individuals and EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 17 infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not identified in the Conceptual Documents. C. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design/Builder and its officers, directors, partners, employees or agents, Subcontractors and Suppliers from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device required by the Conceptual Documents. 6.08 Permits A. Unless otherwise provided in the Contract Documents, Design/Builder shall obtain and pay for all necessary permits, licenses, and approvals of governmental authorities having jurisdiction over the Work. Owner shall assist Design/Builder, when necessary, in obtaining such permits, licenses and approvals. Design/Builder shall pay all governmental charges and inspection fees necessary for the performance of the Work, which are applicable on the last day for receipt of Proposals or on the effective date of the Agreement. Design/Builder shall pay all charges of utility owners for connections to the Work, and Design/Builder shall pay fees as provided in the Supplemental Conditions. Owner shall pay all charges of such utility owners for capital costs related thereto. 6.09 Laws or Regulations A. Design/Builder shall give all notices required by and comply with all Laws or Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Design/Builder's compliance with any Laws or Regulations. B. If Design/Builder performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Design/Builder shall bear all costs arising therefrom. C. Changes in Laws or Regulations not known on the date of receipt of Proposals having an effect on the cost or time of performance may be the subject of a change in Contract Price or Contract Times. 6.10 Taxes A. Design/Builder shall pay all sales, consumer, use, and other similar taxes required to be paid by Design/Builder in accordance with the Laws or Regulations of the place of the Project which are applicable during the performance of the Work. B. Owner is exempt from Colorado state and local sales and use taxes on materials to be permanently incorporated into the project. Said taxes shall not be included in the Contract Price. Design/Builder must apply for, and receive, a Certificate of Exemption from the Colorado EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 18 directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim brought by any such owner or occupant against Owner, or any other party indemnified hereunder to the extent caused by or based upon Design/Builder's performance of the Construction. B. Removal of Debris. During the performance of the Construction, Design/Builder shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Construction. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws or Regulations. C. Cleaning. Prior to Substantial Completion, Design/Builder shall clean the Site and make it ready for utilization by Owner. At completion of Construction, Design/Builder shall remove all tools, appliances, construction equipment, temporary construction and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures. Design/Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Design/Builder subject any part of the Construction or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Design/Builder shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders and Work Change Directives in good order and annotated to show all changes made during performance of the Work. These record documents together with all approved Submittals will be available to Owner for reference. Upon completion of the Work and prior to release of final payment, these record documents and Submittals, including a reproducible set of record drawings as provided in paragraph 3.05.D, will be delivered to Owner. 6.13 Safety and Protection A. Design/Builder shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Design/Builder shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All persons on the Site or who may be affected by the Work; 2. All Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation, or replacement in the course of construction. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 19 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Design/Builder is obligated to act to prevent threatened damage, injury or loss. Design/Builder shall give Owner prompt written notice if Design/Builder believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If a change in the Contract Documents is required because of the action taken by Design/Builder in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Submittals A. Owner will review and approve Submittals in accordance with the schedule of required Submittals accepted by Owner as required by paragraph 2.06.A. Owner's review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the construction, 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. Owner's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Owner's review and approval of Submittals shall not relieve Design/Builder from responsibility for any variation from the requirements of the Contract Documents unless Design/Builder has in a separate written communication at the time of submission called Owner's attention to each such variation and Owner has given written approval. C. Construction prior to Owner's review and approval of any required Submittal will be at the sole risk of Design/Builder. 6.18 Continuing the Work A. Design/Builder shall continue the Work and adhere to the progress schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as Design/Builder and Owner may otherwise agree in writing. 6.19 Post-Construction Phase A. Design/Builder shall: 1. Provide assistance in connection with the start-up, testing, refining and adjusting of any equipment or system. 2. Assist Owner in training staff to operate and maintain the Work. 3. Assist Owner in developing systems and procedures for control of the operation and maintenance of and record keeping for the Work. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 20 6. Any review and approval of a Submittal; 7. Any inspection, test or approval by others; or 8. Any correction of defective Construction Work by Owner. 6.21 Indemnification A. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultants, and the officers, directors, partners, employees, agents, other consultants and subcontractors of each from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from the performance of Construction the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent and is caused in whole or in part by any negligent act or omission of Design/Builder, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against Owner, Owner's Consultant or any of their respective consultants, agents, officers, directors, partners or employees by any employee (or the survivor or personal representative of such employee) of Design/Builder, any Subcontractor, any Supplier, any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.21.A shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Design/Builder or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts or other employee benefit acts. C. The indemnification obligations of Design/Builder under paragraph 6.21.A shall not extend to the liability of Owner's Consultant, and their officers, directors, partners, employees, agents, other consultants, and subcontractors arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or specifications. 6.22 Survival of Obligations A. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 21 or services that render it unavailable or unsuitable for the proper execution and results of Design/Builder's Work. Design/Builder's failure so to report will constitute an acceptance of such other work as fit and proper for integration with Design/Builder's Work except for latent or nonapparent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. The individual or entity who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 2. The specific matters to be covered by such authority and responsibility will be itemized; and 3. The extent of such authority and responsi- bilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility in respect of such coordination. ARTICLE 8 – OWNER'S RESPONSIBILITIES 8.01 General A. Owner shall do the following in a timely manner so as not to delay the services of Design/Builder: 1. Designate in writing a person to act as Owner's Representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner’s policies, make decisions with respect to performance of the Work, and shall provide such other services as may be agreed upon; 2. Provide such legal services as Owner may require with regard to legal issues pertaining to the Project including any that may be raised by Design/Builder; 3. If requested in writing by Design/Builder, furnish reasonable evidence satisfactory to Design/Builder that sufficient funds are available and committed for the entire cost of the Project. Unless such reasonable evidence is furnished, Design/Builder is not required to commence or continue any Work, or may, if such evidence is not presented within a reasonable time, stop Work upon 15 days notice to the Owner; 4. Make payments to Design/Builder promptly when they are due as provided in paragraph 13.03 and 13.08; 5. Furnish the Site as set forth in paragraph 4.01.A; 6. Furnish to Design/Builder, as required for performance of Design/Builder's Services the following, all of which Design/Builder may use and rely upon in performing services under this Agreement: a. Environmental assessment and impact statements; b. Property, boundary, easement, right-of- way, topographic, and utility surveys; EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 22 8.03 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Design/Builder's means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Design/Builder to comply with Laws or Regulations applicable to the furnishing or performance of the Work. Owner will not be responsible for Design/Builder's failure to perform the Work in accordance with the Contract Documents. 8.04 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Materials uncovered or revealed at the Site is set forth in paragraph 4.04. 8.05 Resident Project Representation A. Owner may furnish a Resident Project Representative to observe the performance of Construction. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. 8.06 Owner's Consultant A. Owner's Consultant, if any, has no duties, responsibilities, or authorities with respect to Design/Builder, unless so provided in the Supplementary Conditions. ARTICLE 9 – CHANGES IN THE WORK; CLAIMS 9.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work within the general scope of the Contract by a Written Amendment, Change Order or a Work Change Directive. Upon receipt of any such document, Design/Builder shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 9.02 Unauthorized Changes in the Work A. Design/Builder shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Construction as provided in paragraph 12.04. 9.03 Claims A. Notice. If Owner and Design/Builder are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of any order of Owner pursuant to paragraph 9.01.A or other occurrence for which the Contract Documents provide that such adjustment(s) may be made, a Claim may be made therefor. Written notice of intent to make such a Claim shall be submitted to the other party promptly and in no event more than 15 days after the start of the occurrence or event giving rise to the Claim. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 23 Work and adhere to the progress schedule as provided in paragraph 6.18. 9.05 Notice to Sureties A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (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 Design/Builder's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 9.06 Effect of Change Orders A. By the execution of a Change Order, a Work Change Directive, or Written Agreement, Owner and Design/Builder expressly acknowledge and agree that said Change Order, Work Change Directive, or Written Agreement provides for a fair and equitable adjustment in Contract Price and/or Contact Time for the additions, deletions, or revisions in the Work as authorized by said Change Order, Work Change Directive or Written Agreement. Owner and Design/Builder further expressly acknowledge and agree that claims for adjustments to the Contract Price and/or Contract Time covered by a Change Order, Work Change Directive or Written Agreement are not valid. ARTICLE 10 – COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 10.01 Cost of the Work A. Costs Included. The term Cost of the Work means the sum of all costs necessarily incurred and paid by Design/Builder in the proper performance of the Work. When the value of Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Design/Builder will be only those additional or incremental costs required because of the change of the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 10.01.B: 1. Payroll costs for employees in the direct employ of Design/Builder in the performance of the Work under schedules of job classifications agreed upon by Owner and Design/Builder. a. Such employees shall include without limitation superintendents, foremen, and other personnel employed full-time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall 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 taxes, workers' compensation, and health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 24 accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following items: a. The proportion of necessary transporta- tion, travel and subsistence expenses of Design/Builder's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the Site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Design/Builder. c. Rentals of all construction or engineering equipment and machinery and the parts thereof whether rented from Design/Builder or others in accordance with rental agreements approved by Owner, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Design/Builder is liable, imposed by Laws or Regulations. e. Deposits lost for causes other than negligence of Design/Builder, 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. f. Losses, damages, and related expenses caused by damage to the Work not compensated by insurance or otherwise, sustained by Design/Builder in connection with the furnishing and performance of the Work (except losses and damages within the deductible amounts of property insurance established by Owner in accordance with Article 5 above) provided they have resulted from causes other than the negligence of Design/Builder, 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 Design/Builder's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 25 same (except for the cost of premiums covered by paragraph 10.01.A.6.i above). C. Design/Builder's Fee. When all the Work is performed on the basis of cost-plus, Design/Builder's fee shall be as set forth in the Agreement. When the value of the Work covered by a Change Order is determined on the basis of Cost of the Work, Design/Builder's fee shall be determined as set forth in paragraph 11.01.C. D. Documentation. Whenever the cost of any Work is to be determined pursuant to paragraph 10.01.A and 10.01.B, Design/Builder will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Owner an itemized cost breakdown together with supporting data. 10.02 Cash Allowances A. The Contract Price includes all allowances so named in the Contract Documents. Design/Builder shall cause the Work so covered to be performed for such sums as may be acceptable to Owner. Design/Builder agrees that: 1. The allowances include the cost to Design/Builder (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Except as set forth in the Contract Documents, Design/Builder's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Design/Builder on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 10.03 Unit Prices A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all of Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Design/Builder will be made by Owner. B. Each unit price will be deemed to include an amount considered by Design/Builder to be adequate to cover Design/Builder's overhead and profit for each separately identified item. C. Design/Builder or Owner may make a Claim for an adjustment in the Contract Price in accordance with Article 9 if: 1. the quantity of any item of Unit Price Work performed by Design/Builder differs materially and significantly from the estimated quantity of such item EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 26 not necessarily in accordance with paragraph 11.01.C.2); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.01.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 10.01) plus a Design/Builder's Fee for overhead and profit (determined as provided in paragraph 11.01.C). C. Design/Builder's Fee: The Design/Builder's fee for overhead and profit on Change Orders shall be determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under paragraphs 10.01.A.1.a and 10.01.A.2, the Design/Builder's fee shall be 15 three percent; b. For costs incurred under paragraph 10.01.A.3 10.01.A.4, 10.01.A.5 and 10.01.A.6, the Design/Builder's fee shall be five three percent; c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.01.C.1 and 11.01.C.2.a is that the Subcontractor who actually performs or furnishes Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 10.01.A.1 and 10.01.A.2 and that any higher tier Subcontractor and Design/Builder will each be paid a fee of to be negotiated in good faith with Owner but not to exceed five percent of the amount paid to the next lower tier Subcontractor; d. The amount of credit to be allowed by Design/Builder 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 Design/Builder's fee by an amount equal to five three percent of such net decrease; and e. When both additions and credits are involved in any one change, the adjustment in Design/Builder's fee shall be computed on the basis of the net change in accordance with paragraphs 11.01.C.2.a through 11.01.C.2.d, inclusive. f. No fee shall be payable on the basis of costs itemized under paragraphs 10.01.A.5, 10.01.A.6, or 10.01.B. 11.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order. Any Claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice pursuant to paragraph 9.03.A. B. Delays Beyond Design/Builder's Control. Where Design/Builder is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of Design/Builder, the Contract Times (or EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 27 Design/Builder’s sole and exclusive remedy for the delays described in this Paragraph 11.02.C. E. Owner and Owner’s Consultant shall not be liable to Design/Builder for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Design/Builder on or in connection with any other project or anticipated project. F. Design/Builder shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Design/Builder. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Design/Builder. ARTICLE 12 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION OR WORK 12.01 Notice of Defects A. Owner shall give Design/Builder prompt written notice of all defective Construction or Work of which Owner has actual knowledge. All defective Construction or Work may be rejected, corrected or accepted as provided in this Article 12. 12.02 Access to Construction A. Owner, Owner's Consultants, other representatives and personnel of Owner, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Site and the Construction at reasonable times for their observation, inspecting, and testing. Design/Builder shall provide them proper and safe conditions for such access and advise them of Design/Builder's Site safety procedures and programs so that they may comply therewith as applicable. 12.03 Tests and Inspections A. If the Contract Documents or Laws or Regulations of any public body having jurisdiction require any part of the Construction Work specifically to be inspected, tested or approved, Design/Builder shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish Owner the required certificates of inspection or approval. Design/ Builder 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 acceptance of materials or equipment to be incorporated in the Work or of materials, mix designs, or equipment submitted for approval prior to Design/Builder's purchase thereof for incorporation in the Work. B. Design/Builder shall give Owner reasonable notice of the planned schedule for all required inspections, tests, or approvals. C. If any Construction (or the construction work of others) that is required to be inspected, tested, or approved is covered by Design/Builder without written concurrence of Owner, it must, if requested by Owner, be uncovered for observation at Design/Builder's expense unless Design/ Builder has given Owner timely notice of Design/Builder's EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 28 12.05 Owner May Stop Construction or Work A. If Construction or Work is defective, or Design/Builder fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform Construction or Work in such a way that the completed Construction Work will conform to the Contract Documents, Owner may order Design/Builder to stop Construction or Work or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop Construction will not give rise to any duty on the part of Owner to exercise this right for the benefit of Design/Builder or any surety or other party. 12.06 Correction or Removal of Defective Construction or Work A. Owner will have authority to disapprove or reject defective Construction or Work and will have authority to require special inspection or testing of the Construction or Work whether or not the Construction or Work is fabricated, installed or completed. If required by Owner, Design/Builder shall promptly, as directed, either correct all defective Construction or Work, whether or not fabricated, installed or completed, or, if the Construction or Work has been rejected by Owner, remove it from the Site and replace it with non- defective Construction or Work. Design/Builder shall bear all direct, indirect, and consequential costs of such correction, replacement and/or removal (including but not limited to all claims, costs, losses and damages caused by, arising out of, or resulting from such correction, replacement, and/or removal, and fees and charges of engineers, architects, attorneys and other professionals and all court, arbitration, or other dispute resolution costs) arising out of or relating to such correction or removal.) 12.07 Correction Period A. If within one year after the date of Substantial Completion of the entire Work or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Construction or Work is found to be defective, Design/Builder shall promptly, without cost to Owner and in accordance with Owner's written instructions, (i) correct such defective Construction or Work, or, if it has been rejected by Owner, remove it from the Site and replace it with Construction or Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Construction or Work or the work of others resulting therefrom. If Design/Builder does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Construction or Work corrected or the rejected Construction or Work removed and replaced, and all claims, costs, losses, and damages caused by, arising out of, or resulting from such removal and replacement (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 29 may exclude Design/Builder from all or part of the Site, take possession of all or part of the Construction or Work, and suspend Design/Builder's services related thereto, take possession of Design/Builder's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Construction or Work all materials and equipment stored at the Site or for which Owner has paid Design/Builder but which are stored elsewhere. Design/Builder shall allow Owner, Owner's Consultant, Owner's representatives, agents, employees, and other contractors access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages (included but not limited to fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs and all costs of repair or replacement of work of others) incurred or sustained by Owner in exercising such rights and remedies under this paragraph 12.09 will be charged against Design/Builder and a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. D. Design/Builder shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this paragraph 12.09. 12.10 No limitation A. Nothing contained in this Article 12 shall be construed to establish a period of limitation with respect to other obligations which the Design/Builder might have under the Contract Documents. Establishment of the time period of one year as described in Section 12.07 relates only to the specific obligation of the Design/Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder’s liability with respect to the Design/Builder’s obligations other than specifically to correct the Work. ARTICLE 13 – PAYMENTS TO DESIGN/BUILDER AND COMPLETION 13.01 Schedule of Values A. The Schedule of Values established as provided in paragraph 2.06.A will serve as the basis for progress payments. Progress payments on account of Unit Price Work will be based on the number of units completed. 13.02 Application for Progress Payment A. On or about the date established in the Agreement for submission of each application for progress payment (but not more often than once a month), Design/Builder shall submit to Owner for review an Application for Payment filled out and signed by Design/Builder covering the Work completed as of the date indicated on the Application and accompanied by supporting EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 30 as provided in paragraph 13.03.B and as otherwise provided in the Contract Documents, then Design/Builder may, at any time thereafter, upon serving written notice that he will stop the Work within seven days after receipt of the notice by Owner, and after such seven day period, stop the Work until payment of the amount owing has been received. Written notice shall be deemed to have been duly served if sent by certified mail to the last known business address of Owner. 3. Payments due but unpaid shall bear interest at the rate specified in the Agreement. 4. No Progress Payment nor any partial or entire use or occupancy of the Project by Owner shall constitute an acceptance of any Work not in accordance with the Contract Documents. B. Reduction in or Refusal to Make Payment. Owner may refuse to make the whole or any part of any such payment, or because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any previous payment, to the extent that is reasonably necessary to protect Owner from loss because: 1. the Construction or Work is defective, or completed Construction or Work has been damaged requiring correction or replacement; or 2. the Contract Price has been reduced by Change Order; or 3. Owner has been required to correct defective Construction or complete Work in accordance with paragraph 12.09.A; or 4. Owner has actual knowledge of the occurrence of any of the events enumerated in paragraphs 13.03.B.1 through 13.03.B.3 inclusive, or paragraphs 14.02.A.1 through 14.02.A.3 inclusive; or 5. Claims have been made against Owner on account of Design/Builder's performance or furnishing of the Work; or 6. Liens have been filed in connection with the Work, except where Design/Builder has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or 7. There are other items entitling Owner to a set off against the amount for which application is made. C. If Owner refuses to make payment of the full amount requested by Design/Builder, Owner must give Design/Builder immediate written notice stating the reasons for such action and promptly pay Design/Builder any amount remaining after deduction of the amount withheld. Owner shall promptly pay Design/Builder the amount withheld or any adjustment thereto agreed to when Design/Builder corrects to Owner’s satisfaction the reason for such action. 13.04 Design/Builder's Warranty of Title A. Design/Builder warrants and guarantees that title to all Construction, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 13.05 Substantial Completion EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 31 occupy any such part of the Construction which Owner believes to be ready for its intended use and substantially complete. If Design/Builder agrees that such part of the Work is substantially complete, Design/Builder will certify to Owner that such part of the Construction is substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Construction. Design/Builder at any time may notify Owner in writing that Design/Builder considers any such part of the Work ready for its intended use and substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, Owner and Design/Builder shall make an inspection of that part of the Work to determine its status of completion. If Owner does not consider that part of the Work to be substantially complete, Owner will notify Design/Builder in writing giving the reasons therefor. If Owner considers that part of the Work to be substantially complete, the provisions of paragraph 13.05 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. 2. No use or occupancy of part of the Construction will be accomplished prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 13.07 Final Inspection A. Upon written notice from Design/Builder that the entire Work or an agreed portion thereof is complete, Owner will make a final inspection with Design/Builder and will notify Design/Builder in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Design/Builder shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 13.08 Final Payment A. Application for Payment. 1. After Design/Builder has completed all such corrections to the satisfaction of Owner and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance, certificates of inspection, record documents (as provided in paragraph 6.12) and other documents, Design/Builder may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (unless previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by paragraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. 3. In lieu of such releases or waivers of Liens EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 32 shall be submitted by Design/Builder to Owner with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 13.10 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. A waiver of all Claims by Owner against Design/Builder, except Claims arising from unsettled Liens, from defective Construction appearing after final inspection pursuant to paragraph 13.07, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Design/Builder's continuing obligations under the Contract Documents; and 2. A waiver of all Claims by Design/Builder against Owner other than those previously made in writing and still unsettled. ARTICLE 14 – SUSPENSION OF WORK AND TERMINATION 14.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 days by notice in writing to Design/Builder which will fix the date on which Work will be resumed. Design/Builder shall resume the Work on the date so fixed. Design/Builder 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 Design/Builder makes a Claim therefor as provided in Article 9. 14.02 Owner May Terminate for Cause A. Upon Tthe occurrence of any one or more of the following events justifies termination for cause Owner may terminate this Agreement as provided herein: 1. Design/Builder's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.06.A as adjusted from time to time pursuant to paragraph 6.05). 2. Design/Builder's disregard of Laws or Regulations of any public body having jurisdiction. 3. Design/Builder's violation in any substantial way of provisions of the Contract Documents. B. If one or more of the events identified in paragraph 14.02.A occur, Owner may, after giving Design/Builder (and the surety, if any) seven days' written notice, terminate the services of Design/Builder, take possession of any completed Drawings and Specifications prepared by or for Design/Builder (subject to the indemnification provisions of paragraph 3.05.A), exclude Design/Builder from the Site, and take possession of the Work and of all Design/Builder's tools, appliances, construction equipment and machinery at the Site and use the same to the full extent they could be used by Design/Builder (without liability to Design/Builder for trespass or conversion), EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 33 1. Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. 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; and 3. Amounts paid in settlement of terminated contracts with Subcontractors, Suppliers and others (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs incurred in connection with termination of contracts with Subcontractors, Suppliers and others); and 4. Reasonable expenses directly attributable to termination. B. Except as provided in paragraph 14.03.C, Design/Builder shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 14.04 Design/Builder May Stop Work or Terminate A. If, through no act or fault of Design/Builder, the Work is suspended for a period of more than 90 days by Owner or under an order of court or other public authority, or Owner fails to act on any Application for Payment within thirty days after it is submitted or Owner fails for thirty days to pay Design/Builder any sum finally determined to be due, then Design/Builder may, upon seven days' written notice to Owner, and provided Owner does 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 14.03.A. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if Owner has failed for 30 days to pay Design/Builder any sum finally determined to be due, Design/Builder may upon seven days' written notice to Owner stop the Work until payment is made of all such amounts due Design/Builder, including interest thereon. The provisions of this paragraph 14.04.A are not intended to preclude Design/Builder from making Claim under Article 9 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Design/Builder's stopping Work as permitted by this paragraph. ARTICLE 15 – DISPUTE RESOLUTION 15.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no such method and procedure has been set forth, Owner and Design/Builder 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 16 – MISCELLANEOUS 16.01 Giving Notice A. Whenever any provision of the Contract EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 34 16.04 Survival of Obligations A. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Contract. 16.05 Controlling Law A. The Contract Documents will be construed in accordance with the law of the place of the Project. The laws of the State of Colorado shall apply to this Agreement, including but not limited to the following pertinent Colorado statutes: 1. Colorado Revised Statutes (CRS 8-17-101) requires that Colorado labor be employed to perform the work to the extent of not less than 80 percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed on the project. Colorado labor means any person who is a bona fide resident of the State of Colorado at the time of employment, without discrimination as to race, color, creed, age, religion or sex. 2. If a claim is filed, Owner is required by law (CRS 38-26-107) to withhold from all payments to Design/Builder sufficient funds to insure the payment of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by Design/Builder or his Subcontractors in or about the performance of the work. Such funds must be withheld until said claims have been paid or such claims as filed have been withdrawn, such payment or withdrawn to be evidenced by filing with Owner a receipt in full or an order for withdrawal in writing and signed by the person filing such a claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than ninety (90) days following the date fixed for final settlement, as published in a public newspaper in accordance with the law, unless an action is commenced within that time to enforce such unpaid claim and a notice of lis pendens is filled with the Owner. At the expiration of such ninety (90) day period, Owner shall pay to Design/Builder such moneys and funds as are not the subject of suit and lis pendens notices, and shall retain only sufficient funds to insure the payment of judgments which may result from the suit. Page 35 of 85 SECTION 00800 SUPPLEMENTARY CONDITIONS SC-4 Differing Site Conditions Subsurface and Physical Conditions ADD the following language in Section 4, Paragraph A.1, Subsurface Conditions: ADD the following language in Section 4, Paragraph A.2.a. Physical Conditions: SC-5 Bonds and Insurance ADD the following language in Section 5.03 Paragraph A.1 Certificates of Insurance Additional Insureds: ADD the following language in Section 5.06 Paragraph A.1 Property Builders Risk Insurance Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Construction at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws or Regulations). Design/Builder shall be responsible for the first $10,000 of any insurable loss under this policy. This insurance will: SC-8 Changes in Work ADD the following Paragraph to ARTICLE 8, Paragraph 8.05.B 8.05.B Resident Project Representative The Resident Project Representative deals in matters pertaining to the work. Any such dealings will be with or through the Design/Builder. Dealings with subcontractors will only be through or with the full knowledge and approval of the Design/Builder. Duties and Responsibilities of the Resident Project Representative are: Attend meetings with the Design/Builder such as preconstruction conferences, progress meetings and other job conferences. Serve as Owners liaison with Design/Builder working principally through Design/Builders superintendent to assist the Design/Builder in obtaining from OWNER additional details or information, when required, for proper execution of the Work. Advise the Design/Builder of the commencement of any Work pertaining to a Shop Drawing, data, or sample submission which does not meet the Contract Documents. Conduct on-site observations of the Work in progress in determining that the Work is proceeding in accordance with the Contract Documents. Report to the Design/Builders superintendent whenever the Resident Project Representative believes that the Work is unsatisfactory, faulty or defective, does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made; and advise the Owners Representative and Design/Builder when he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project. Page 36 of 85 Consider and evaluate Design/Builder suggestions for modification in Drawings or Specifications and report these recommendations to Owners Representative. Maintain at the Resident Project Representative office orderly files concerning correspondence, reports of job conferences, Shop Drawings, data, and samples, reproductions or original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional drawings issued subsequent to the execution of the Agreement, Design/Builder clarifications and interpretations of the Contract Documents, progress reports and other project documents. Keep a diary, daily report form, or log book, recording hours on the job site, weather conditions, data relative to questions of work directive changes, Change Orders, or changed conditions, list of job site visitors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Report immediately to Owners Representative the occurrence of any accident. Review application for payment with Design/Builder for compliance with the established procedure for their submission and will submit to the Owners Representative. Conduct final inspection with the Design/Builder and Owners Representative observe that all items on the final inspection list have been corrected or completed and make recommendations to Owners Representative concerning acceptance. The Resident Project Representative shall not: Authorize any deviations from the Contract Documents or accept any substitute materials or equipment. Exceed limitations of Resident Project Representative authority as set forth in the Contract Documents. Undertake any of the responsibilities of the Design/Builder, Subcontractors, or Design/Builders superintendent. Advise on, or issue directions relative to, or assume control over A any aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. Advise on or issue directions regarding or assume control over safety precautions and programs in connection with the Work. Accept Shop Drawings, data, or samples submittals from anyone other than the Design/Builder. Page 37 of 85 CHAPTER 8 – EXHIBITS 1. Conceptual Site Plan, dated 12/19/02. 2. Conceptual Review Comments of the Site 3. City’s Proposal Organization Chart of Project Team 4. Milestone Schedule 5. Recreation Services Organization Chart Page 38 of 85 EXHIBIT 1 Conceptual Site Plan, dated 12/19/02. Page 39 of 85 EXHIBITS 2, 3, 5 To be distributed as ADDENDUMS Page 40 of 85 EXHIBIT 4 MILESTONE SCHEDULE NORTHSIDE AZTLAN CENTER-DESIGN/BUILD Use Existing Willow Street Site Issued: June 22, 2004 Revised: November 22, 2004 Revised: February 22, 2005 Item Schedule Start Project November 17, 2004 Begin RFP Work for Design/Build Services January 15, 2005 Complete RFP for Design/Build Services February 28, 2005 Solicit Design/Build Teams through Purchasing March 1, 2005 Receive Proposals- Step 1 March 25, 2005 First Neighborhood Meeting March 30, 2005 Select Three Design/Build Teams April 8, 2005 Submit Information to Three Design/Build Teams-Step 2 April 11, 2005 Receive Design/Build Proposals from Three Teams May 20, 2005 Select Design/Build Team June 6, 2005 Notice to Proceed- Design/Build Team July 11, 2005 Complete Conceptual/Preliminary Design Services April 1, 2006 Review by Parks & Recreation Board April 26, 2006 Review by City Council May 9, 2006 Notice to Proceed- Final Design Services May 15, 2006 Second Neighborhood Meeting July 27, 2006 Complete Final Design Services September 15, 2006 Notice To Proceed- Construction October 15, 2006 Complete Construction August 15, 2007 Occupy New Facility September 15, 2007 Demolition of Existing Building October 1, 2007 Complete Site Work November 30, 2007 One Year Warranty August 15, 2008 Close Out Project August 1, 2009 Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com ADDENDUM No. 1 S PECIFICATIONS AND CONTRACT DOCUMENTS D escription of Bid: P983 Northside Aztlan Center-Design/Build OPENING DATE: March 25, 2005 3:00 P.M. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. QUESTIONS AND ANSWERS March 15, 2005 PREBID MEETING: QUESTION: On page 8, paragraph two, under project Description; what is meant by Skate Park (use existing)? ANSWER: The Owner believes that there is a great chance the existing Skate Park will be relocated. As such, there will be a new concrete slab required and "existing" skate park equipment and/or appurtenances will need to be moved. QUESTION: Will any off site improvements (relative to the right-of-way) be required as a part of this project? ANSWER: Yes; to be determined by the City development review process. QUESTION: Will the City hold separate meetings with the three selected finalists to discuss proposal "ideas" before the final submissions? ANSWER: Not likely. The City may agree to hold a general meeting that includes all three finalists together before final submission. This would happen only if there is interest by the finalists to attend a joint meeting after completion of Step 1, and if the City determines that it is in the best interest of the City to do so at that time. STATEMENT: On page 13, under Financial Capability; The proposer will provide the requested information as closely as possible as defined; however only one (1) copy of this material will be required by the City at the Step 1 proposal level. ATTACHMENTS: • PREBID ATTENDEES LIST • P983 CHAPTER 8 EXHIBITS- 2,3 & 5 (1. Conceptual Site Plan 12/19/05 and 4. Milestone Schedule are included in the RFP.) 2. CONCEPTUAL REVIEW COMMENTS OF THE SITE 3. CITY’S PROPOSAL ORGANIZATION CHART OF PROJECT TEAM 5. RECREATION SERVICES ORGANIZATION CHART RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Page 37 of 85 CHAPTER 8 – EXHIBITS 1. Conceptual Site Plan, dated 12/19/02. 2. Conceptual Review Comments of the Site 3. City’s Proposal Organization Chart of Project Team 4. Milestone Schedule 5. Recreation Services Organization Chart Page 38 of 85 EXHIBIT 1 Conceptual Site Plan, dated 12/19/02. Community Piannine and Environm ental Ser T I City of Fort Collins Current Planning Craig Foreman Park Planning and Development Department 215 N. Mason Street Fort Collins, CO 80521 October 15, 2001 Dear Craig: yr information, attached is a copy of the Staff�s comments concerning the Azatlan Center Redevelopment presented before the Conceptual Review Team on June 25, 2001. If you should have any questions regarding these comments or the next steps in the review process, please feel free to call me at 221-6750. cc: Eric Bracke, Streets Department Stormwater Department Project Planner File The comments are offered informally by Staff to assist you in preparing the detailed components of the project application. Modifications and additions to these comments may be made at the time of formal review of this project. 281 North College Avenue • P0. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 C > of Fort Collins CONCEPTUAL REVIEW STAFF COMMENTS MEETING DATE: June 25, 2001 ITEM: Demolition of existing Azatlan Center and construction of new 40,000 square foot community facility APPLICANT: Craig Foreman Park Planning and Development Department 215 N. Mason Street Fort Collins, CO 80521 LAND USE DATA: The budget is scheduled for 2004. The 2 political issues revolving around this site. are (1) the brownfield cleanup issues, and what to do with the road. The proposal would be to demo the existing center, build a new 40,000 sf center, and tie the 2 parking lots together. DEPARTMENTAL CONTACTS: Current Planning- Troy Jones 221-6750 Zoning Department- Peter Barnes 221-6760 Engineering Department - Marc Virata 221-6605 Street Oversizing Coordinator - Matt Baker 221-6605 Poudre Fire Authority- Ron Gonzales 221-6570 Stormwater Utility- Glen Schlueter 224-6065 Water c� Sewer Utilities- Roger Buffington 221-6854 Natural Resources Development Planner Doug Moore 221-6750 Light and Power Monica Moore 221-6700 Transportation Services (ped. � transit) Tom Reiff 416-2040 Transportation Services (traffic) Eric Bracke 224-6062 Transfort (local bus service) Gaylene Rossiter 224-6195 Park Planning Craig Foremean 221-6618 COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES CURRENT PLANNING DEPARTMENT 281 N. College Ave. EO. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 7 COMMENTS: 1. Zoning Department: a. The zoning of the existing building itself is POL - Public Open Lands. The northeast corner of the parking lot and much of the United Way parking lot is in the RDR - River Downtown Redevelopment district. b. It's not clear what to make of the parking requirement for the site since this is not in a residential zone district. The maximum parking limit applies, but it's not clear what number applies. Alternative Compliance may be the cleanest way to address the issue. The build-to-line standard in section 3.5.3(B)(2) of the LUC will apply, which means that the building must be placed no more than fifteen feet from the right-of-way of Willow Street. This section of the code also specifies that no vehicle use areas are to be located between the building and the street. 2. Stormwater Utility Department: Location: 112 East Willow a. It appears most of this site is in the Old Town drainage basin where the new development fee is $4,150/acre which is subject to the runoff coefficient reduction. The northern edge of the site drains to the Poudre River basin where there are no new development fees. The site is in inventory grid #8G. b. The standard drainage and erosion control reports are required and they must be prepared by a professional engineer registered in Colorado. c. Onsite extended detention is required to treat the runoff. d. There is an existing stormsewer on the western side of the site that appears to be close or possibly under the new center. It would have to be relocated since stormsewers are not allowed under buildings. e. Some of the site is in the Old Town floodplain, but it may have been removed since the construction of the Howes Street Outfall. Please contact Marsha Hilmes-Robinson at 224-6036 for the latest mapping and any floodplain requirements that may apply. f. Onsite water quality detention is required in the Old Town drainage basin with the default release rate of the 2 year historic. Modifications of the release rate could be considered especially if the site can drain directly to the Poudre River. If the existing stormsewer is to be used, the capacity of it may dictate the site release rate. 3. Engineering Department: a. Street Oversizing Fees are $1.83/square foot for fitness clubs. Check with Matt Baker for the specific amount of this fee for your project. b. Willow will need right-of-way dedicated to major collector standards (66' wide), and improved to standards. Refer to the Master Street Plan and the North College Access Management Plan. 2 c. If the property hasn�t been platted already, it will need to be platted as part of this project. d. Any right-of-way and/or easements being dedicated need to be in compliance with all environmental protection and anti-pollution laws. e. Pine Street needs approved public right-of-way termination or it needs to be vacated. f. The project will require a Traffic Impact Study (US) that addresses site access, and all modes of transportation including automobile, bicycle, pedestrian, and transit. g. You will be required to have a Development Agreement, a Development Construction Permit, and Utility Plans. h. More detailed comments will be made at the time of submittal, or when more information is provided. 4. Water 4 Wastewater Utility: Location: 112E Willow Street (G-8) Proposal: Demolish and construct new Aztlan Community Center Ex. Mains: Water: 8-inch in Willow, 6-inch in Pine, ?-inch in Poudre Sewer: 36-inch in Willow, 21-inch in Pine, 6-inch in Poudre Comments: Any connections to the two large trunk sewers must be made at a MET. The water conservation standards for landscape and irrigation will apply to the site, and Plan Investment Fees and water rights will be due at time of building permit. 5. Natural Resources: a. Buildings need to stay out of the Poudre River Buffer. b. The Environmental Assesment effort should be coordinated with Margit Hentschel in the Natural Resources Department [221-6600]. c. If there any prairie dogs on site, they will have to be relocated or humainly eradicated. d. Trash enclosures should accommodate recycling containers of sufficient size to accommodate the type of recycling appropriate for the building use (cardboard, cans, plastics, etc.), and dumpsters must be enclosed within a fenced or walled area. e. Native grasses and plant materials should be used wherever appropriate, and bluegrasses should be minimized. f. If construction lasts for more than 6 months, you will have to file a permit for fugitive dust control with Lorimer County. 6. Fire Department: a. Address must be visible from the street using a minimum 6" numerals on a contrasting background. b. There needs to be a hydrant within 300 feet of the building at 1500 g.p.m. at 20 p.s.i. 3 c. A fire lane will probably be needed. d. The building is required to face and open directly onto the adjacent street to the maximum extent feasible. e, The building will need to be sprinklered. f. The project will possibly need a Hazardous Material Impact Analysis. 7. Light and Power: a. Development charges have probably been paid already. b. The existing transformer sits in the front corner. If it needs to be relocated, it will be at the developer�s expense. c. There may be a pay increase between current use and the new use. d. There is power available. 8. Transportation: a. The TIS update will need to address all modes of transportation including vehicle, bicycle, pedestrian and transit. Contact Eric Bracke (vehicular), Tom Reiff (ped � bike), and Gayleene Rossiter (transit) for scoping. b. A trail connection is recommended to the building and to Willow Street. c. Bicycle parking must be provided near building entrances. d. The future alignment of Willow will need an interdepartmental discussion to resolve. e. There needs to be cross access between the 2 lots. Shared parking is encouraged. f. Contact Kathleen Reavis regarding the North College Avenue Access Management Plan. This plan will be looking at the Willow alignment. It�s looking like Willow will be a collector without parking. 9. Advance Planning: a. Section 3.5.3(B) requires that at least one main entrance face and open directly onto a connecting walkway with pedestrian frontage. "Connecting walkway" is defined in Article 5 of the LUC as "(1) any street sidewalk, or (2) any walkway that directly connects a main entrance of a building to the street sidewalk without requiring pedestrians to walk across parking lots or driveways, around buildings or around parking lot outlines which are not aligned to a logical route." 10. Current Planning: a. Refer to Section 3 (General Development Standards), and Section 4.10 � 4.13 (POL � RbR Zoning Districts) in the Land Use Code for the standards that apply to your proposed development. The Land Use Code is available to view on the internet at htcp://www.fcgov.comlcitclerk/codes.php. 4 b. If there is a subdivision plat as part of this development request, you will be required to provide a copy of "Certificate of Taxes Due" with the mylar of the subdivision plat when it is brought to the City's Current Planning Department for recording. The certificate may be obtained from the Lorimer County Treasurer's Office and must reflect a zero (0) balance before the City will accept the mylar. Lorimer County is requiring this document, showing no outstanding property taxes, before they will record subdivision plats. c. Street trees will be required along Willow Street at 30 foot to 40 foot spacing intervals. d. Building massing and design will be subject to 3.5.3 of the LUC which will require "variation in massing," "facade articulation," and "top & base treatments." e. The building orientation will need to be in accordance with 3.5.3 of the LUC. 5 Prerpeea+i.soil and ground water sample locations Approximate d riection of groundwater flow Approximate location of � historic gas holders Approximate boundaries of historic gas plant DCity Property fK Building A/ Street Railroad LW River Proposed Soil and. Groundwater Sample Locations Project: 3368-010 Date:12/00 Figure: 3 Page 40 of 85 EXHIBIT 4 MILESTONE SCHEDULE NORTHSIDE AZTLAN CENTER-DESIGN/BUILD Use Existing Willow Street Site Issued: June 22, 2004 Revised: November 22, 2004 Revised: February 22, 2005 Item Schedule Start Project November 17, 2004 Begin RFP Work for Design/Build Services January 15, 2005 Complete RFP for Design/Build Services February 28, 2005 Solicit Design/Build Teams through Purchasing March 1, 2005 Receive Proposals- Step 1 March 25, 2005 First Neighborhood Meeting March 30, 2005 Select Three Design/Build Teams April 8, 2005 Submit Information to Three Design/Build Teams-Step 2 April 11, 2005 Receive Design/Build Proposals from Three Teams May 20, 2005 Select Design/Build Team June 6, 2005 Notice to Proceed- Design/Build Team July 11, 2005 Complete Conceptual/Preliminary Design Services April 1, 2006 Review by Parks & Recreation Board April 26, 2006 Review by City Council May 9, 2006 Notice to Proceed- Final Design Services May 15, 2006 Second Neighborhood Meeting July 27, 2006 Complete Final Design Services September 15, 2006 Notice To Proceed- Construction October 15, 2006 Complete Construction August 15, 2007 Occupy New Facility September 15, 2007 Demolition of Existing Building October 1, 2007 Complete Site Work November 30, 2007 One Year Warranty August 15, 2008 Close Out Project August 1, 2009 CLRS Director Marty Heffernan Recreation Manager Jean Helburg Admin. Support Supervisor Janet Urban Administrator Youth Programs Peggy Bowers Administrator Sports Terry Keith Administrator Adult Programs Steve Budner Administrator Ice/Aquatics Mike McDonnell Promotions Coordinator Paula Watson-Lakamp Marketing Specialist Kim Vecchio Communication Specialist Korrie Johnston Admin. Clerks Carol Fahring (2nd frozen) Farm Supervisor Bridget Brownell YAC Technician Jim White NACC Supervisor Debra Bueno Admin. Clerk Jamie Schmidt Therapeutics Specialist Renee Lee Senior Center Coordinator Marc Rademacher Coordinator Tom Zimdahl Technician Bill Borland Service Rep. Karen Bryner Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com ADDENDUM No. 3 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: STEP II: P983 Northside Aztlan Center-Design/Build OPENING DATE: May 20, 2005 3:00 P.M. (Our Clock) To all Step II Design/Build Team finalists under the specifications and contract documents described above, the following changes are hereby made. Following the Pre-proposal Meeting on April 19, 2005: Definition: The term Contractor and Design/Builder are used synonymously. 1.) Correction to Addendum #2: Under “Maps”, a complete revised packet of maps relative to site contamination issues, as drawn by Tetra Tech, was distributed to each of the three design/build firm finalists at the pre-proposal meeting. This packet of information, containing 5 maps hand-stamp dated 4/19/05, and titled, Appendix E – Site Location; Figure 4 – SA Drilling Locations; Figure 5 – Geologic Cross Section A-A; Figure 6 – Geologic Cross Section B-B; and Figure 2 – Site Layout; supercedes all other transmissions regarding this information. 2.) Two hard copy hand-outs entitled “Northside Aztlan Community Center Replacement FREQUENTLY ASKED QUESTIONS, April, 2005; and; NORTHSIDE AZTLAN COMMUNITY CENTER – GENERAL INFORMATION APRIL 2005, were distributed to the three finalist design/build firms at the pre-proposal meeting. 3.) Please find an electronic copy of Owner’s revised Conceptual Space Plan-FINAL DRAFT dated April 19, 2005 (referred as Schematic Space plan in the original RFP) including conceptual square footage allocations. This space plan will supercede any previous versions. Please use the conceptual numbers as guidelines only. 4.) An Adobe pdf version of the Conceptual Site Plan, drawn by Aller-Lingle Architects, PC; and the Autocad version of the Topographic Drawing prepared by the Engineering Company dated August 2002,are attached as separate documents with this addendum. 5.) Regarding questions concerning a Contractor “health & safety plan” and/or contamination disposal in regard to discovery of underground site contamination as a result of construction activities: The Contractor will prepare a health and safety plan (to cover the interest of his forces) and present this plan to the City for review and approval. Use the provided HASP and Reasonable Steps as a guideline. The City will provide testing and monitoring of any suspect contaminated materials encountered on the site through their consultant, Walsh Environmental Scientists and Engineers, LLC. The Contractor will be responsible for removal and disposal of any contaminated materials. NOTE: Because of the unknown quantity of such materials, the design/build firm is asked to provide an allowance of $75,000.00 in their proposal for removal and disposal of any such encountered materials. 6.) Responsibility for the purchase of project “Equipment” clarification: The Contractor will be responsible for furnishing and installation of all equipment that is to be permanently attached. Free standing equipment, including kitchen appliances, will be purchased by the Owner. The Contractor will coordinate layout and design for all equipment to be incorporated in the project and may be responsible for installation of various equipment supplied by Owner. 7.) The Contractor will be responsible for providing an adequate sound system for the project. 8.) The Contractor will be responsible for providing an adequate security system for the project that will include intrusion alarm detection and alarm devices at windows and doors (exterior openings). The Owner may require additional devices to monitor some adjacent exterior spaces. The security system will be designed to dial out to a City approved monitoring agency. The system may be supplied in combination with the required fire alarm system if approved by Owner. The Contractor will be required to supply and install an access control system, and the primus keying system as delineated in the City of Fort Collins Building Design Standards Manual. The design standards manual is available electronically at: fcgov.com. The design/builder is encouraged to review this document. 9.) Communications: The Contractor will be responsible for design, installation, and materials, (e.g. boxes, conduits, cable trays, and associated rough-in equipment) for the project. The City’s Information Technology department will install wiring and terminal connections for telephone and data communications and supply all communication devises. The Contractor will coordinate with the City’s IT department for the placement of all communication equipment. 10.) Existing Site Monitoring Wells: Any wells that fall under the building footprint can be abandoned during the construction period. All other wells located around the site shall remain undisturbed and protected as is practical eventually being capped in an approved method by the Contractor. Contractor will not be responsible for monitoring the function of wells at any time. 11.) Permits and Fees: Contractor will be responsible for applying for and paying for construction Plan Check and Permit fees that may be assessed by all (AHJ’s) Authorities Having Jurisdiction, including, but not limited to, City of Fort Collins Building and Zoning Department and PFA. The Contractor is responsible for applying for, and the Owner will be responsible for paying for, all Planning and Development fees including PDP review fees, Construction Development Permit fee and tap fees associated with the project. 12.) The Owner will respond to additional questions until 12:00 PM (noon), April 29, 2005. Any questions received during this time period, as determined by the Owner, to have global effect will be addressed in a future addendum. *Conceptual Space Plan-FINAL DRAFT *Please use the conceptual numbers as guidelines only. Northside Aztlan Community Center April 19, 2005 SPACES SQ. FEET NOTES Gymnasium 18,000 Wood floor 3 full, 6 cross courts; adjustable backboards in 2 gyms; divider curtains; spectator seating Gymnasium equipment storage 1,200 Multi-purpose room for wrestling, boxing, etc. 2,200 Reuse portion of current gym floor; storage for mats, bags Locker rooms 2,200 With 2-3 family change rooms Multi-purpose room for social activities 4,200 2-3 sections with dividers, with performance stage; table/chair storage; dance floor area; coat storage Kitchen 800 With serving window; dish washer; food preparation space; room to seat a class of 12; exterior service entrance; adjacent to meal site space Kitchen storage room 100 Lobby and reception 1,700 2-3 registration stations; vending 4 Classrooms 1,800 1 w/ sink, wall cabinets; 1w/attached tot bathroom and storage closet Cardio/weights/workout area 2,400 Dance, aerobics, yoga area 1,100 Suspended floor; storage; mirrors Computer lab 600 Table space for studying; 1-2 computer carels Office space 2,200 5 staff w/ work room, storage; staff lounge with sink, stove; conference room to seat 8-10 Public restrooms 400 Intergenerational social area 1,200 Room for 3 pool tables; TV lounge and card tables Indoor jog/walk track 2,300 Upper & lower level custodial 200 Room for equipment/supply storage closets Circulation Incl. stairs/elevator Outdoor spaces: Patio area close to intergenerational area Replace skate park pad with concrete (above-ground equipment provided by City) Playground replacement (equipment coordinated with and provided by City) Parking – minimum 175 spaces; minimum 15 designated for persons with disabilities Outdoor basketball court replacement; reuse light fixtures Trail linkages Space for 2-4 outdoor handball courts – private group to raise at least ½ of construction cost; design for future lights RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com ADDENDUM No. 4 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: STEP II: P983 Northside Aztlan Center-Design/Build OPENING DATE: May 20, 2005 3:00 P.M. (Our Clock) To all Step II Design/Build Team finalists under the specifications and contract documents described above, the following changes are hereby made. Questions and Answers: QUESTION 1. Please confirm that the scope of work relative to the playground relocation should just be the allocation of an appropriately sized area on our site plan (It is our understanding that the City will relocate equipment and build curbs, sand pit, etc., related to the playground). ANSWER This assumption is correct. QUESTION 2. Please confirm that there will be no program space required for child care. ANSWER There will be no programmed space 'specifically" required for child care. We will make sure there are bathrooms adjacent to a class room in case we occasionally designate this class room for child care use. QUESTION 3. Please confirm whether or not the exterior handball courts will be provided under this project. The program indicates "space for" as well as a note that 1/2 of the cost will be externally funded. ANSWER The handball/racquetball courts will be designed and built by the Contractor under the construction agreement for the new facility, Funding may come from more than one source. QUESTION 4. Please confirm the number of carels required in the Computer Lab. The program note indicates 1-2, should this read "12"? ANSWER Carels is a misspelling, it should be carrels. The number of carrels anticipated is one (1) to two (2). QUESTION 5. Will there be any cooking done in the kitchen, i.e., will there be an oven and range provided? ANSWER Cooking will happen. The appliances will be provided by the City, to be installed by the Contractor. We will not design this as a commercial kitchen. Appliances will be typical residential units. QUESTION 6. Would it be appropriate to assume that the Allowance for hazmat of $75,000 (referenced in Addendum #3) will cover all site specific procedures and associated costs, e.g. protocols identified in the Walsh report including: Tyvek suits, respirators, washing down of equipment before it leaves the site, storage of material on tarps, etc.? ANSWER Let's not assume that the allowance number provided will cover all the costs. However, we anticipate that the $75,000.00 allowance will be used in your proposal for budgeting purposes for these costs. We recommend that (all) proposers use this number as an allowance for these costs so that the proposals will be equal in this respect. The City does not have an estimate for this scope of work. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Supervisor Barbara Schoenberger Pool Facility Scheduler Kelly Meyer Facility Assistant Coordinator Greg Roberts Ralph Mirelez Coordinator Frank Martinez Coordinator Steve Dietemann Coordinator Pat Moore Coordinator Katie Stieber Coordinator John Pfeiffenberger MP/CPP Coordinator Krista Hobbs Service Rep. Donna Groves Technician Brant Dobson Aquatics Supervisor Suzy Danford Technicians Dave Snelling Tim Weisman Concession Coord. Bill Wilson Service Reps. Tammie Larson Mia Colby Ice Supervisor Paul Thibert Coordinator Christine West Legend: YAC-Youth Activity Center NACC-Northside Aztlan Community Center CPP-City Park Pool EPIC-Edora Pool Ice Center MP-Mulberry Pool CPR-City Park Railway RMRC-Rolland Moore Racquet Complex City Of Fort Collins Recreation Division Organizational Chart -3/05- -- EPIC Coordinator Kristie Blackmon Parks & Recreation Director Coordinator McKenzie Kiger Financial Coordinator Kim Kita Supervisor Janet Bielmaier Supervisor Dave Mosnik CPR RMRC Pottery Studio City Park Center Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by certified mail, postage prepaid, to the last business address known to the giver of the notice. 16.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 16.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by: 1. Laws or Regulations; or 2. any special warranty or guarantee; or 3. other provisions of the Contract Documents. B. The provisions of paragraph 16.03.A 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. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Design/Builder but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Design/Builder shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by Owner arising out of or resulting from completing the Work (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) such excess will be paid to Design/Builder. If such claims, costs, losses and damages exceed such unpaid balance, Design/Builder shall pay the difference to Owner. Such claims, costs, losses and damages incurred by Owner will be incorporated in a Change Order. When exercising any rights or remedies under this paragraph Owner shall not be required to obtain the lowest price for the Work performed. C. Notwithstanding paragraph 14.02.B, Design/ Builder's services will not be terminated if Design/Builder begins, within seven days of receipt of notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Design/Builder's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Design/Builder then existing or which may thereafter accrue. Any retention or payment of moneys due Design/Builder by Owner will not release Design/Builder from liability. 14.03 Owner May Terminate for Convenience A. Upon seven days' written notice to Design/Builder, Owner may, without cause and without prejudice to any other right or remedy of Owner, elect to terminate the Contract. In such case, Design/Builder shall be paid (without duplication of any items) for: specified in paragraph 13.08.A.2 and as approved by Owner, Design/Builder may furnish receipts or releases in full and an affidavit of Design/Builder that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Design/Builder may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 4. 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 Owner’s standard forms bound in the Project manual. B. Final Payment and Acceptance. If Owner is satisfied that the Work has been completed and Design/Builder's other obligations under the Contract Documents have been fulfilled, Owner will, within ten days after receipt of the final Application for Payment, give written notice to Design/Builder that the Work is acceptable. Otherwise, Owner will return the Application to Design/Builder, indicating in writing the reasons for refusing to process final payment, in which case Design/Builder shall make the necessary corrections and resubmit the Application. C. Payment Becomes Due. Thirty days after the presentation to Owner of the acceptable Application and accompanying documentation, in appropriate form and substance and with Owner's notice of acceptability, the amount will become due and will be paid by Owner to Design/Builder, subject to paragraph 16.05.B of these General Conditions. 13.09 Final Completion Delayed A. If, through no fault of Design/Builder, final completion of the Work is significantly delayed, Owner shall, upon receipt of Design/Builder's final Application for Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01.A, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted A. When Design/Builder considers the Work ready for its intended use Design/Builder shall notify Owner in writing that the Work is substantially complete (except for items specifically listed by Design/Builder as incomplete) and request that Owner issue a certificate of Substantial Completion. Promptly thereafter, Owner and Design/Builder shall make an inspection of the Work to determine the status of completion. If Owner does not consider the Work substantially complete, Owner will notify Design/Builder in writing giving the reasons therefor. If Owner considers the Work substantially complete, Owner will prepare and deliver to Design/Builder a certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a list of items to be completed or corrected before final payment. At the time of delivery of the certificate of Substantial Completion Owner will deliver to Design/Builder a written determination as to division of responsibilities pending final payment between Owner and Design/Builder with respect to security, operation, safety, protection of Construction, maintenance, heat, utilities, insurance and warranties and guarantees. B. Owner will have the right to exclude Design/Builder from the Site after the date of Substantial Completion, but Owner will allow Design/Builder reasonable access to complete or correct items on the list of items to be completed. 13.06 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Construction which (i) has specifically been identified in the Contract Documents, or (ii) Owner and Design/Builder agree constitute a separately functioning and usable part of the Construction that can be used by Owner for its intended purpose without significant interference with Design/ Builder's performance of the remainder of the Construction, subject to the following: 1. Owner at any time may request Design/Builder in writing to permit Owner to use or documentation as required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance provided by Design/Builder and other arrangements to protect Owner's interest therein, all of which will be satisfactory to Owner. B. Beginning with the second Application for Payment, each Application shall include an affidavit of Design/Builder stating that all previous progress payments received on account of the Work have been applied on account to discharge Design/Builder's legitimate obligations associated with prior Applications for Payment. C. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. D. Any funds that are withheld by Owner shall not be subject to substitution by Design/Builder with securities or any arrangements involving an escrow or custodianship. By executing the Application for Payment form, Design/Builder expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, et seq. 13.03 Review of Applications for Progress Payments A. Procedure. Progress payments shall be made by the Owner to the Design/Builder according to the following procedure: 1. Owner will, within ten days of receipt of each Application for Payment, either indicate in writing its acceptance of the Application and state that the Application is being processed for payment, or return the Application to Design/Builder indicating in writing its reasons for refusing to accept the Application. Not more than ten days after accepting such Application the amount will become due and when due will be paid by Owner to Design/Builder. 2. If Owner should fail to pay Design/Builder at the time the payment of any amount becomes due, except Design/Builder. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Conceptual Documents. C. Where defective Construction or Work (and damage to other Construction or Work resulting therefrom) has been corrected, removed or replaced under this paragraph 12.07, the correction period hereunder with respect to such Construction or Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 12.08 Acceptance of Defective Construction or Work A. If, instead of requiring correction or removal and replacement of defective Construction or Work, Owner prefers to accept it, Owner may do so. Design/Builder shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Construction or Work. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price reflecting the diminished value of the Construction or Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. If the acceptance occurs after final payment, an appropriate amount will be paid by Design/Builder to Owner. 12.09 Owner May Correct Defective Construction or Work A. If Design/Builder fails within a reasonable time after written notice from Owner to correct defective Construction or Work or to remove and replace rejected Construction or Work as required by Owner in accordance with paragraphs 12.06.A or 12.07.A, or if Design/Builder fails to perform the Construction or Work in accordance with the Contract Documents, or if Design/Builder fails to comply with any other provision of the Contract Documents, Owner may, after seven days' written notice to Design/Builder, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph 12.09 Owner shall proceed expeditiously. In connection with such corrective and remedial action, Owner intention to cover the same and Owner has not acted with reasonable promptness in response to such notice. D. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except (i) for inspections, tests, or approvals covered by paragraph 12.03.A above; (ii) costs incurred in connection with tests or inspections conducted pursuant to paragraph 12.04.B below shall be paid as provided in said paragraph 12.04.B; and (iii) as otherwise specifically provided in the Contract Documents. 12.04 Uncovering Construction A. If any Construction is covered contrary to the written request of Owner, it must, if requested by Owner, be uncovered for Owner's observation and recovered at Design/Builder's expense. B. If Owner considers it necessary or advisable that covered Construction be observed by Owner or inspected or tested by others, Design/Builder, at Owner's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Owner may require, that portion of the Construction in question, furnishing all necessary labor, material and equipment. If it is found that such Construction is defective, Design/Builder shall pay all claims, costs, losses and damages caused by, arising out of, or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. If, however, such Construction is not found to be defective, Design/Builder shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Design/Builder may make a Claim therefor as provided in Article 9. Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 11.02.A. Delays beyond the control of Design/Builder shall include, but not be limited to, acts or neglect by Owner, governmental agencies, acts or neglect of utility owners or other contractors performing other construction work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. C. If Owner or other contractor or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Design/Builder shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Design/Builder’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Design/Builder’s ability to complete the Work within the Contract Times. D. If Design/Builder is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Design/Builder, then Design/Builder shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Design/Builder’s ability to complete the Work within the Contract Times. Such an adjustment shall be indicated in the Contract Documents; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Design/Builder believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes it is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. D. Design/Builder acknowledges that Owner has the right to add or delete items of the Work or change quantities at Owner’s sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the estimated quantity of the item. ARTICLE 11 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 11.01 Change of Contract Price A. 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 promptly in accordance with paragraph 9.03.A. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 10.03); or 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit connection with the Work. i. Cost of premiums for all Bonds and insurance Design/Builder is required by the Contract Documents to purchase and maintain. B. Costs Excluded. The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Design/Builder's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Design/Builder whether at the Site or in Design/Builder's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 10.01.A.1, all of which are to be considered administrative costs covered by the Design/Builder's fee. 2. Expenses of Design/Builder's principal and branch offices other than Design/Builder's office at the Site. 3. Any part of Design/Builder's capital expenses, including interest on Design/Builder's capital employed for the Work and charges against Design/Builder for delinquent payments. 4. Costs due to the negligence of Design/Builder, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 10.01.A. 6. Cost of premiums for all Bonds and for all insurance whether or not Design/Builder is required by the Contract Documents to purchase and maintain the Saturday, Sunday or lLegal hHolidays, shall be included in the above to the extent authorized by Owner. b. Such employees shall also include engineers, engineering technicians, architects, and others providing Design Professional Services. For purposes of this paragraph 10.01.A.1, Design/Builder shall be entitled to payment for such employees an amount equal to salary costs times a factor, both as designated in the Agreement, for all services performed or furnished by such employees engaged on the Project. 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 Design/Builder unless Owner deposits funds with Design/Builder with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Design/Builder shall make provisions so that they may be obtained. 3. Payments made by Design/Builder to Subcontractors (excluding payments for Design Professional Services pursuant to paragraph 10.01.A.4) for Work performed or furnished by Subcontractors. 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 Design/Builder's Cost of the Work and fee. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 4. Payments made by Design/Builder for Design Professional Services provided or furnished under a Design Subagreement. 5. Costs of special consultants (including but not limited to testing laboratories, surveyors, attorneys, and B. Documentation. Substantiating documentation shall be submitted by the claiming party within 30 days after delivery of the notice required by paragraph 9.03.A. C. Decision. The other party shall render a decision on the Claim no more than 30 days after the receipt of the substantiating documentation required by paragraph 9.03.B. This decision will be final and binding unless the claiming party gives notice of intention to exercise its rights under Article 15 within 30 days of receipt of the decision and exercises such rights within 30 days of giving the notice of intent. D. Time Limit Extension. The time limits of paragraphs 9.03.B and 9.03.C may be extended by mutual agreement. 9.04 Execution of Change Orders A. Owner and Design/Builder shall execute appropriate Change Orders covering: 1. Changes in the Work which are (i) ordered by Owner pursuant to paragraph 9.01, (ii) required because of acceptance of defective Construction or Work under paragraph 12.08 or Owner's correction of defective Construction or Work under paragraph 12.09 or (iii) agreed to by the parties; and 2. Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive.; 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, Design/Builder shall carry on the c. Property descriptions; d. Zoning, deed, and other land use re- strictions; e. Engineering surveys to establish reference points for design and construction which in Owner's judgment are necessary to enable Design/Builder to proceed with the Work; f. Assistance to Design/Builder in filing documents required to obtain necessary permits, licenses, and approvals of governmental authorities having jurisdiction over the Project; g. Permits, licenses, and approvals of government authorities Owner is specifically required to obtain by the Contract Documents; and h. All subsurface data at or contiguous to the Site which Owner may have obtained. 7. Review Submittals subject to Owner review pursuant to paragraph 6.17.A; and 8. Provide information known to or in the possession of Owner relating to the presence of materials and substances at the Site which could create a Hazardous Environmental Condition. 8.02 Insurance A. Owner's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in Article 5. ARTICLE 7 – OTHER CONSTRUCTION 7.01 Related Work at Site A. Owner may perform other Work related to the Project at the Site by Owner's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. Written notice thereof will be given to Design/Builder prior to starting any such other work; and 2. Design/Builder may make a Claim therefor as provided in Article 9 if Design/Builder believes that such performance will involve additional expense to Design/Builder or requires additional time and the parties are unable to agree as to the amount or extent thereof. B. Design/Builder shall afford each other contractor who is a party to such a direct contract and each utility owner (and Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, Design/Builder shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Design/Builder 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 Owner and the others whose work will be affected. The duties and responsibilities of Design/Builder under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Design/Builder in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Design/Builder's Work depends upon work performed or services provided by others under this Article 7, Design/Builder shall inspect such other work and appropriate instruments of service and promptly report to Owner in writing any delays, defects or deficiencies in such other work 6.20 Design/Builder's General Warranty and Guarantee A. Design/Builder warrants and guarantees to Owner that all Construction Work will be in accordance with the Contract Documents and will not be defective. Design/Builder's warranty and guarantee hereunder excludes defects or damage caused by: 1. Abuse, modification or improper maintenance or operation by persons other than Design/Builder, Subcontractors, or Suppliers or any other individual for whom Design/Builder is responsible, unless such abuse, modification, or improper maintenance or operation was permitted by or could reasonably have been prevented by Design/Builder, Subcontractors or Suppliers; or 2. Normal wear and tear under normal usage. B. Design/Builder's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Design/Builder's obligation to perform the Work in accordance with the Contract Documents: 1. Observations by Owner; 2. The making of any progress or final payment; 3. The issuance of a certificate of Substantial Completion or any payment by Owner to Design/Builder under the Contract Documents; 4. Use or occupancy of the Work or any part thereof by Owner; 5. Any acceptance by Owner or any failure to do so; B. Design/Builder shall comply with applicable Laws or Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Design/Builder shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Design/Builder, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Design/Builder. D. Design/Builder's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed and Owner has issued a notice to Design/Builder in accordance with paragraph 13.08.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Design/Builder shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Design/Builder shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. Department of Revenue for construction materials to be physically incorporated into the project. This Certification of Exemption provides that the Design/Builder shall neither pay nor include in his Proposal, sales and use taxes on those building and construction materials physically incorporated into the project. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, CO 80261 C. Sales and use taxes for the State of Colorado, Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable sales and use taxes (including State collected taxes) on any items other than construction and building materials physically incorporated into the project are to be paid by Design/Builder and are to be included in appropriate Work items. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas. 1. Design/Builder shall confine construction equipment, the storage of materials and equipment, and the operations of construction workers to the Site and other areas permitted by Laws or Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Design/Builder 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. 2. Should any claim be made by any such owner or occupant because of the performance of Work, Design/Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultants and anyone entities performing or furnishing any of the Work to communicate with the Owner through Design/Builder. E. All Work performed for Design/Builder by a Subcontractor or Supplier will be pursuant to an appropriate Design Subagreement or Construction Subagreement between Design/Builder and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the Design/Builder and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Design/Builder, Owner's Consultant, and all other additional insureds (and their officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Design/Builder will obtain the same. 6.07 Patent Fees and Royalties A. Design/Builder 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 Conceptual Documents for use in the performance of the Construction and if to the actual knowledge of Owner 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 Conceptual Documents. B. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner and Owner’s Consultant, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from any by the Contract Documents. Design/Builder shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Construction at the Site shall be performed during rRegular wWorking hHours, and Design/Builder will not permit overtime work or the performance of Construction on Saturday, Sunday or any lLegal hHoliday without Owner's written consent, which will not be unreasonably withheld. Design/Builder shall submit requests to Owner no less than 48 hours in advance of any Work to be performed on Saturday, Sunday, Legal Holidays, or outside Regular Working Hours. 6.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Design/Builder shall furnish or cause to be furnished and assume full responsibility for 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 Work. 1. Purchasing Restrictions: Design/Builder must comply with the City’s purchasing restrictions. Copies of the resolution(s) are available for review in the offices of the Purchasing and Risk Management Division or the city Clerk’s office. 2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of Owner. If reasonably required by Owner, Design/Builder shall furnish Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurance A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 13.06, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 – DESIGN/BUILDER'S RESPONSIBILITIES 6.01 Design Professional Services A. Standard of Care. The standard of care for Design Professional Services performed or furnished under this Agreement will be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality. B. Preliminary Design Phase. After the Contract Times commence to run, Design/Builder shall: 1. Consult with Owner to understand Owner's requirements for the Project and review available data; 2. Advise Owner as to the necessity of Owner's providing or obtaining from others additional reports, data, or services of the types provided in paragraph 8.01.A.6.a-g and assist Owner in obtaining such reports, data, or services; 3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by Design/Builder with whom consultation is to be undertaken in connection with the Project; 4. Obtain such additional geotechnical and related information which it deems necessary for performance of the Work; insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Design/Builder intend that all policies purchased in accordance with paragraph 5.06 will protect Owner, Owner's Consultant, Design/Builder, Subcontractors, Suppliers, and all other individuals or entities indicated in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Design/Builder waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Owner's Consultant, Subcontractors, Suppliers, and all other individuals or entities indicated in the Supplementary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Design/Builder, Subcontractors, and Suppliers and the officers, directors, employees and agents of any of them for: 1. Loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property caused by, arising out of or resulting from fire or other peril whether or not insured by Owner; and 2. Loss or damage to the completed Project or any part thereof caused by, arising out of. or resulting from fire or other insured peril or cause or loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to paragraph 13.06, after Substantial and any such additional insured of continuation of such insurance at final payment and one year thereafter). C. Design/Builder’s Professional Liability Errors & Omissions Insurance. Design/Builder shall purchase and maintain such Professional Liability Errors & Omissions insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims which may arise out of or result from Design/Builder’s performance and furnishing of the Work and Design/Builder’s other obligations under the Contract Documents, whether it is to be performed or furnished by Design/Builder, 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. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Design/Builder under paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Builders Risk Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Construction at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws or Regulations). This insurance will: 1. Include the interests of Owner, Owner's Consultant, Design/Builder, Subcontractors, and any other individuals or entities indicated in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. Be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Construction, temporary buildings, falsework and all materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and Design/Builder's performance of the Work and Design/Builder's other obligations under the Contract Documents, whether it is to be performed by Design/Builder, any Subcontractor or Supplier or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. Claims under workers' compensation, disability benefits and other similar employee benefit acts; 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Design/Builder's employees; 3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Design/Builder's employees; 4. Claims for damages insured by reasonably available personal injury liability coverage which are sustained (i) by any person as a result of an offense directly or indirectly related to the employment of such person by Design/Builder, or (ii) by any other person for any other reason; 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 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. B. The policies of insurance required by paragraph 5.04.A shall: 1. With respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, 5.04 B.3 and 5.04.C (subject to any customary exclusion in respect of professional liability) include as additional insureds Owner and Owner's Consultants and any other persons or entities indicated in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective such special conditions under which Construction is agreed to be resumed by Design/Builder, either party may make a Claim therefor as provided in Article 9. D. If after receipt of such special written notice Design/Builder does not agree to resume Construction based on a reasonable belief it is unsafe, or does not agree to resume such Construction under such special conditions, then Owner may order such portion of the Work that is related to such Hazardous Environmental Condition to be deleted from the Work. If Owner and Design/Builder cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Article 9. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. E. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design/Builder, Subcontractors, Suppliers and the officers, directors, partners, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from such Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Contract Documents to be included in the scope of the Work, and (iii) was not created by Design/Builder or by anyone for whom Design/Builder is responsible. Nothing in this paragraph 4.04.E shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. F. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultant and the officers, directors, partners, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from such Hazardous Environmental Condition created by Design/Builder or anyone for whom Design/Builder is responsible. Nothing in this paragraph 4.04.F shall obligate Design/Builder to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. ARTICLE 5 – BONDS AND INSURANCE responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities during construction, and d. the safety and protection of all Underground Facilities as provided in paragraph 6.13 and repairing any damage thereto resulting from the Work. 2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, Design/Builder shall, immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16), identify the owner of such Underground Facility and give written notice to that owner and to Owner. Owner 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 Owner concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 9 to reflect and document such consequences. During such time, Design/Builder shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.12. Design/Builder may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that Design/Builder did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Design/Builder are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, Design/Builder may make a claim therefor as provided in Articles 10 and 11. However, Owner shall not be liable to Design/Builder for any claims, costs, losses or damages incurred or sustained by Design/Builder on or in connection with any other project or anticipated project. Owner, with respect to: (i) the completeness of such reports and drawings for Design/Builder’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Design/Builder and safety precautions and programs incident thereto, or (ii) other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or (iii) any Design/Builder interpretation of or conclusion drawn from any “technical data” or any such data, interpretations, opinions or information. C. Notice of Differing Subsurface or Physical Conditions: If Design/Builder believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Design/Builder is entitled to rely as provided in paragraphs 4.02.A and 4.02.B is materially inaccurate, or 2. is of such a nature as to require a change in the Contract Documents, or 3. differs materially from that shown or indicated in the Contract Documents, or 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; or 5. is of such a nature as to reasonably be suspected of containing or constituting Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material, or such other substances or materials that may result in significant damage or injury or require compliance with specifically applicable regulatory requirements, unless confirmation of the absence of such condition has previously been provided; then Design/Builder shall, 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 6.16), notify Owner in writing about such condition. Design/Builder shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. D. Owner's Review: Owner will promptly review the pertinent conditions and determine the necessity of obtaining additional exploration or tests with respect thereto. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; DIFFERING SITE SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS; HAZARDOUS ENVIRONMENTAL CONDITIONS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Design/Builder of any encumbrances or restrictions not of general application but specifically related to use of the Site which Design/Builder will have to comply in performing the Work. Unless otherwise provided in the Contract Documents, Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Design/Builder and Owner are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in Owner's furnishing the Site, Design/Builder may make a Claim therefor as provided in Article 9. B. Upon reasonable written request, Owner shall furnish Design/Builder with a current statement of record legal title and legal description of the lands upon which the Construction is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws or Regulations. C. Design/Builder shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Differing Site Conditions Subsurface and Physical Conditions Owner for failure to report any such conflict, error, ambiguity, or discrepancy unless Design/Builder knew or reasonably should have known thereof. 3.04 Amending and Supplementing Contract Documents A. 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: 1. Owner's approval of required Submittals (pursuant to paragraph 6.17.B); 2. A Work Change Directive; 3. A Change Order; 4. A Field Order; 5. A formal Written Amendment. 3.05 Reuse of Documents Use of Design Materials A. All documents including Drawings and Specifications prepared or furnished by Design/Builder pursuant to this Agreement are for Design/Builder's own use, and Design/Builder shall retain an ownership and property interest therein whether or not the Project is completed. Owner may make and retain copies for information and reference in connection with the use and occupancy of the Project by Owner and others. However, such documents are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse or any continued use after any termination without written verification or adaptation by Design/Builder for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Design/Builder and Owner shall indemnify and hold harmless Design/Builder and Subcontractors from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Design/Builder to further compensation at rates to be agreed upon by Owner and Design/Builder. The Owner shall have unlimited rights to copy and use in connection with the Project all Design Materials, including the right to use same on the Project at no additional cost to the Owner, regardless of degree of completion, provided that said services performed have been fully paid for as required by the terms of this Agreement. The Design/Builder agrees to and does herby grant to the Owner and any assignee or successor of the Owner as owner of the B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be designed and constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for at no additional cost to Owner. C. Whenever in the Contract Documents the terms “as ordered”, “as directed”, “as required”, “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 Owner as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to Owner 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 any provision of the Contract Documents. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws or Regulations. 1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code, or Laws or Regulations in effect on the last day for receipt of Proposals except as may be otherwise specifically stated in the Contract Documents. prepared by Owner and check and verify pertinent figures therein and all applicable field measurements. Design/Builder shall promptly report in writing to Owner any conflict, error, ambiguity, or discrepancy which Design/Builder may discover and shall obtain a written interpretation or clarification from Owner before proceeding with any Work affected thereby; however, Design/Builder shall not be liable to Owner for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Design/Builder knew or reasonably should have known thereof. B. Preliminary Schedules: Within 10 days after commencement of the Contract Times (unless otherwise specified in the Contract Documents), Design/Builder shall submit the following to Owner for its timely review: 1. A preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. A preliminary schedule of Submittals which will list each required Submittal and the times for submitting, reviewing and processing each Submittal; in no case will a schedule be acceptable which allows less than seven (7) calendar days for each review by owner. 3. A preliminary Schedule of Values for all of the Work which will include quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work; and 4. A preliminary cash flow projection estimating that portion of the Contract Price to be due during each month of performance. materials or equipment to be incorporated in the Work by Design/Builder or any Subcontractor. 45a. Underground Facilities – All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 46. Unit Price Work – Work to be paid for on the basis of unit prices. 47. Work – The entire construction or the various separately identifiable parts thereof required to be performed or furnished under the Contract Documents. Work includes and is the result of performing or furnishing Design Professional Services and Construction required by the Contract Documents. 48. Work Change Directive – A written directive to Design/Builder, issued on or after the Effective Date of the Agreement and signed by Owner ordering an addition, deletion or revision in the Work, or responding to differing site conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. Intent of Certain Terms or Adjectives: 1. The word “day” shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2. The word “defective,” when modifying the words “Construction” or “Work” refers to Construction or Work that is unsatisfactory, faulty, or deficient in that Design/Builder has entered into the Agreement and for whom the Work is to be performed. 29. Owner's Consultant – An individual or entity with whom the Owner may contract to furnish services to Owner with respect to the Project and who is identified as such in the Supplementary Conditions. 30. Partial Utilization – Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 31. PCBs – Polychlorinated biphenyls. 32. Petroleum – 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 oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Wastes and crude oils. 33. 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. 34. Proposal – The documents submitted by Design/Builder in response to the Request for Proposals setting forth the design concepts, proposed prices, and other conditions for the Work to be performed. 35. Radioactive Material – Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 35a. Regular Working Hours – 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise specified in the Contract Documents. 36. Request for Proposals – The document prepared by or for Owner specifying and describing Owner's agreement between Owner and Design/Builder concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents – Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. 13. Contract Price – The moneys payable by Owner to Design/Builder for completion of the Work in accordance with the Contract Documents. 14. Contract Times – The numbers of days or the dates stated in the Agreement to (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment, as evidenced by Owner’s Representative’s written recommendation for final payment, and in accordance with paragraph 13.08. 15. Design/Builder – The individual or entity with whom Owner has entered into the Agreement. 15a. Design Materials – Any and all documents, shop drawings, electronic information, data, plans, drawings, sketches, illustrations, specifications, descriptions, models and other information developed, prepared, furnished, delivered or required to be delivered by the Design/Builder (a) to the Owner under the Contract Documents or (b) developed or prepared by the Design/Builder specifically to discharge its duties under the Contract Documents. 16.05 Controlling Law.................................................................................................................................................................34 6.22 Survival of Obligations ........................................................................................................................................................20 ! ! ! ! ! ! ! ! A AA A A AA A A College Avenue Willow Street Linden Street FORMER GAS HOLDERS Pine Street T TSB-26 TTSB-29 TTMW-11 TTSB-23 Cache la Po u dre River MW-7 MW-11 MGPMW-3D MGPMW-3S MGPMW-2D MGPMW-2S MGPMW-1D MGPMW-1S TTSB-28 TTSB-27 TTSB-25 TTSB-24 TTSB-22 TTSB-20 TTMW-10 TTSB-19 TTSB-17 TTSB-16 TTSB-14 TTSB-11 TTMW-06 TTMW-05 TTSB-07 TTMW-02 TTSB-02 TTSB-21 TTMW-09 TTSB-18 TTSB-15 TTSB-12 TTMW-08 TTSB-10 TTMW-07 TTSB-08 TTSB-09 TTMW-04 TTSB-06 TTMW-03 TTSB-05 TTSB-04 TTSB-03 TTMW-01 TTSB-01 TTSB-13 0 150 300 Feet ! Approximate Boundary of NAPL Impacts Observed in Unconsolidated Alluvium (dashed where inferred) Approximate Boundary of NAPL Impacts in Bedrock (dashed where inferred) Soil Boring Site Outline Former Location of Poudre Valley Gas Company Schrader Oil or Public Service Company Property Approximate Extent of Observed Fill and Trash Debris Approximate Boundary of NAPL Impacts Observed in Unconsolidated Alluvium and Bedrock (dashed where inferred) TDD No. S05-0310-016 Legend Recreation Path Building Approximate Extent of Former Landfill Site Outline Former Location of Poudre Valley Gas Company Schrader Oil or Public Service Company Property 03.14.05 O:\aztlan_center\SA\SA_site layout.mxd prr Paved Area Railroad List of Area Structures 1 - Historical Power Plant Site 2 - CSU Engines and Energy Conversion Lab 3 - Rapid Lube 4 - The Family Center 5 - Scout 66 Car Wash 6 - A Classic Touch 7 - Former Schrader Oil Company Maintenance Facility 8 - Former Schrader Oil Company Bulk Plant 9 - Historical Gas Plant 10 - Giddings Machine Shop 11 - Interstate Batteries 12 - Clear Cut Glass 13 - Education and Life Training Center 14 - El Burrito 15 - Ranchway 16 - Northern Colorado Feeders Supply 17 - Ranchway 18 - Schrader Building 19 - United Way Building 20 - Public Service Company 21 - Playground A - Northside Aztlan Center G - Former Gas Holders R - Residential Larimer County, Colorado Fort Collins Poudre River Site Cross-Section Transect Approximate Extent of Observed Fill and Trash Debris found or suspected, the SHSO must be contacted for further instruction. The SHSO shall also be responsible for informing all personnel, including City of Fort Collins employees, contractors and subcontractors and visitors to the Site, of known or suspected hazards and the content of this HASP. All personnel are required to read and adhere to the requirements of this plan. 5.2 Site Visitors Due to the presence of soil and groundwater contamination on Site, adequate precautions must be taken to protect visitors. All visitors shall be briefed on the requirements of the HASP and sign the appropriate acknowledgement form. Visitors may not enter contaminated areas until Classification Project: Northside Community Center - Feasibility Study Site: N/E of Willow St. and College Ave. Fort Collins, Colorado Job #: 20025143 Date: 4-12-05 TC_ATTERBERG_LIMITS 20025143.GPJ TERRACON.GDT 4/12/05 8 12 45 50/0.5 50/0.3 5.7 16.5 17.9 23.8 20.1 16.9 TESTS Approx. Surface Elev.: 4962.5 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 22 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 9-18-02 11.0 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED DAR RIG FOREMAN ASR WD AB 9-18-02 WATER LEVEL OBSERVATIONS, ft Backfilled N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 8 29 50/0.2 14.4 12.5 14.8 18.7 20.9 TESTS Approx. Surface Elev.: 4963 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 21 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 9-18-02 10.5 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED DAR RIG FOREMAN ASR WD AB 9-18-02 WATER LEVEL OBSERVATIONS, ft Backfilled N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 SOLUBLE SULFATE CLIENT LOG OF BORING NO. 20 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 9-18-02 DRY Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED DAR RIG FOREMAN ASR WD AB 9-18-02 WATER LEVEL OBSERVATIONS, ft Backfilled N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 26.9 12.3 5.9 24.0 20.7 TESTS Approx. Surface Elev.: 4967 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities % WATER SOLUBLE SULFATE CLIENT LOG OF BORING NO. 19 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 9-18-02 13.5 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED DAR RIG FOREMAN ASR WD AB 9-18-02 WATER LEVEL OBSERVATIONS, ft Backfilled N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 TESTS Approx. Surface Elev.: 4964 ft DESCRIPTION UNCONFINED STRENGTH, psf Water Level Checked on 2/24/1995 20025143 PROJECT 2-15-95 11.3 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED NRS RIG FOREMAN DAR WD AB 2-15-95 WATER LEVEL OBSERVATIONS, ft 12 N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 LOG OF BORING NO. 17 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Water Level Checked on 2/24/1995 PROJECT 2-15-95 11.7 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED NRS RIG FOREMAN DAR WD AB 2-15-95 WATER LEVEL OBSERVATIONS, ft 12 N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 6 7 8 9 10 11 12 13 14 15 5 5 13 11 4 8 6 5 10 50/0.8 50/0.3 50/0.3 TESTS Approx. Surface Elev.: 4963.5 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 16 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 4-1-84 12.5 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED NRS RIG FOREMAN NRS WD 4-1-84 WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 25 30 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 6 7 8 9 10 11 12 13 14 15 19 13 13 7 1 1 4 6 42 50/0.7 50/0.3 50/0.2 TESTS Approx. Surface Elev.: 4964.5 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 15 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 4-1-84 12.5 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED NRS RIG FOREMAN NRS WD 4-1-84 WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 25 30 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 8 9 10 11 12 13 14 14 16 4 16 33 13 5 6 35 50/0.3 50/0.1 TESTS Approx. Surface Elev.: 4963.5 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 14 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 4-1-84 11 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED NRS RIG FOREMAN NRS WD 4-1-84 WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 25 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 1 4 1 9 5 7 27 21 50/0.3 50/0.3 TESTS Approx. Surface Elev.: 4964.5 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 13 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 4-1-84 12.0 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED NRS RIG FOREMAN NRS WD 4-1-84 WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 25 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 10 11 12 13 6 6 10 17 1 10 29 22 50/0.5 50/0.2 TESTS Approx. Surface Elev.: 4964.5 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 12 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 4-1-84 12.0 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED NRS RIG FOREMAN NRS WD 4-1-84 WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 25 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 8 9 10 11 12 13 14 11 15 2 2 5 9 5 9 24 50/0.4 50/0.3 TESTS Approx. Surface Elev.: 4963.5 ft DESCRIPTION UNCONFINED STRENGTH, psf 20025143 City of Fort Collins Facilities CLIENT LOG OF BORING NO. 11 APPROVED JOB # ARCHITECT/ENGINEER GRAPHIC LOG between soil and rock types: in-situ, the transition may be gradual. Page 1 of 1 Initial Water Level Reading PROJECT 4-1-84 12.0 Northside Community Center - Feasibility Study The stratification lines represent the approximate boundary lines SITE BORING STARTED CME-55 WL WL WL BORING COMPLETED NRS RIG FOREMAN NRS WD 4-1-84 WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 25 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 WL WL WL SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 25 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 NRS RIG FOREMAN NRS WD 9-15-73 WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 BORING COMPLETED NRS RIG FOREMAN NRS WD 9-15-73 WATER LEVEL OBSERVATIONS, ft N/E of Willow St. and College Ave. Fort Collins, Colorado SAMPLES USCS SYMBOL WATER CONTENT, % TYPE NUMBER 5 10 15 20 DEPTH, ft. RECOVERY, in. DRY UNIT WT pcf SPT - N BLOWS / ft. BOREHOLE_99 20025143.GPJ TERRACON.GDT 4/12/05 Supervisor Barbara Schoenberger Pool Facility Scheduler Kelly Meyer Facility Assistant Coordinator Greg Roberts Ralph Mirelez Coordinator Frank Martinez Coordinator Steve Dietemann Coordinator Pat Moore Coordinator Katie Stieber Coordinator John Pfeiffenberger MP/CPP Coordinator Krista Hobbs Service Rep. Donna Groves Technician Brant Dobson Aquatics Supervisor Suzy Danford Technicians Dave Snelling Tim Weisman Concession Coord. Bill Wilson Service Reps. Tammie Larson Mia Colby Ice Supervisor Paul Thibert Coordinator Christine West Legend: YAC-Youth Activity Center NACC-Northside Aztlan Community Center CPP-City Park Pool EPIC-Edora Pool Ice Center MP-Mulberry Pool CPR-City Park Railway RMRC-Rolland Moore Racquet Complex City Of Fort Collins Recreation Division Organizational Chart -3/05- -- EPIC Coordinator Kristie Blackmon Parks & Recreation Director Coordinator McKenzie Kiger Financial Coordinator Kim Kita Supervisor Janet Bielmaier Supervisor Dave Mosnik CPR RMRC Pottery Studio City Park Center Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by certified mail, postage prepaid, to the last business address known to the giver of the notice. 16.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 16.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by: 1. Laws or Regulations; or 2. any special warranty or guarantee; or 3. other provisions of the Contract Documents. B. The provisions of paragraph 16.03.A 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. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Design/Builder but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Design/Builder shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by Owner arising out of or resulting from completing the Work (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) such excess will be paid to Design/Builder. If such claims, costs, losses and damages exceed such unpaid balance, Design/Builder shall pay the difference to Owner. Such claims, costs, losses and damages incurred by Owner will be incorporated in a Change Order. When exercising any rights or remedies under this paragraph Owner shall not be required to obtain the lowest price for the Work performed. C. Notwithstanding paragraph 14.02.B, Design/ Builder's services will not be terminated if Design/Builder begins, within seven days of receipt of notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Design/Builder's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Design/Builder then existing or which may thereafter accrue. Any retention or payment of moneys due Design/Builder by Owner will not release Design/Builder from liability. 14.03 Owner May Terminate for Convenience A. Upon seven days' written notice to Design/Builder, Owner may, without cause and without prejudice to any other right or remedy of Owner, elect to terminate the Contract. In such case, Design/Builder shall be paid (without duplication of any items) for: specified in paragraph 13.08.A.2 and as approved by Owner, Design/Builder may furnish receipts or releases in full and an affidavit of Design/Builder that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Design/Builder may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 4. 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 Owner’s standard forms bound in the Project manual. B. Final Payment and Acceptance. If Owner is satisfied that the Work has been completed and Design/Builder's other obligations under the Contract Documents have been fulfilled, Owner will, within ten days after receipt of the final Application for Payment, give written notice to Design/Builder that the Work is acceptable. Otherwise, Owner will return the Application to Design/Builder, indicating in writing the reasons for refusing to process final payment, in which case Design/Builder shall make the necessary corrections and resubmit the Application. C. Payment Becomes Due. Thirty days after the presentation to Owner of the acceptable Application and accompanying documentation, in appropriate form and substance and with Owner's notice of acceptability, the amount will become due and will be paid by Owner to Design/Builder, subject to paragraph 16.05.B of these General Conditions. 13.09 Final Completion Delayed A. If, through no fault of Design/Builder, final completion of the Work is significantly delayed, Owner shall, upon receipt of Design/Builder's final Application for Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01.A, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted A. When Design/Builder considers the Work ready for its intended use Design/Builder shall notify Owner in writing that the Work is substantially complete (except for items specifically listed by Design/Builder as incomplete) and request that Owner issue a certificate of Substantial Completion. Promptly thereafter, Owner and Design/Builder shall make an inspection of the Work to determine the status of completion. If Owner does not consider the Work substantially complete, Owner will notify Design/Builder in writing giving the reasons therefor. If Owner considers the Work substantially complete, Owner will prepare and deliver to Design/Builder a certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a list of items to be completed or corrected before final payment. At the time of delivery of the certificate of Substantial Completion Owner will deliver to Design/Builder a written determination as to division of responsibilities pending final payment between Owner and Design/Builder with respect to security, operation, safety, protection of Construction, maintenance, heat, utilities, insurance and warranties and guarantees. B. Owner will have the right to exclude Design/Builder from the Site after the date of Substantial Completion, but Owner will allow Design/Builder reasonable access to complete or correct items on the list of items to be completed. 13.06 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Construction which (i) has specifically been identified in the Contract Documents, or (ii) Owner and Design/Builder agree constitute a separately functioning and usable part of the Construction that can be used by Owner for its intended purpose without significant interference with Design/ Builder's performance of the remainder of the Construction, subject to the following: 1. Owner at any time may request Design/Builder in writing to permit Owner to use or documentation as required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance provided by Design/Builder and other arrangements to protect Owner's interest therein, all of which will be satisfactory to Owner. B. Beginning with the second Application for Payment, each Application shall include an affidavit of Design/Builder stating that all previous progress payments received on account of the Work have been applied on account to discharge Design/Builder's legitimate obligations associated with prior Applications for Payment. C. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. D. Any funds that are withheld by Owner shall not be subject to substitution by Design/Builder with securities or any arrangements involving an escrow or custodianship. By executing the Application for Payment form, Design/Builder expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, et seq. 13.03 Review of Applications for Progress Payments A. Procedure. Progress payments shall be made by the Owner to the Design/Builder according to the following procedure: 1. Owner will, within ten days of receipt of each Application for Payment, either indicate in writing its acceptance of the Application and state that the Application is being processed for payment, or return the Application to Design/Builder indicating in writing its reasons for refusing to accept the Application. Not more than ten days after accepting such Application the amount will become due and when due will be paid by Owner to Design/Builder. 2. If Owner should fail to pay Design/Builder at the time the payment of any amount becomes due, except Design/Builder. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Conceptual Documents. C. Where defective Construction or Work (and damage to other Construction or Work resulting therefrom) has been corrected, removed or replaced under this paragraph 12.07, the correction period hereunder with respect to such Construction or Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 12.08 Acceptance of Defective Construction or Work A. If, instead of requiring correction or removal and replacement of defective Construction or Work, Owner prefers to accept it, Owner may do so. Design/Builder shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Construction or Work. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price reflecting the diminished value of the Construction or Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. If the acceptance occurs after final payment, an appropriate amount will be paid by Design/Builder to Owner. 12.09 Owner May Correct Defective Construction or Work A. If Design/Builder fails within a reasonable time after written notice from Owner to correct defective Construction or Work or to remove and replace rejected Construction or Work as required by Owner in accordance with paragraphs 12.06.A or 12.07.A, or if Design/Builder fails to perform the Construction or Work in accordance with the Contract Documents, or if Design/Builder fails to comply with any other provision of the Contract Documents, Owner may, after seven days' written notice to Design/Builder, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph 12.09 Owner shall proceed expeditiously. In connection with such corrective and remedial action, Owner intention to cover the same and Owner has not acted with reasonable promptness in response to such notice. D. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except (i) for inspections, tests, or approvals covered by paragraph 12.03.A above; (ii) costs incurred in connection with tests or inspections conducted pursuant to paragraph 12.04.B below shall be paid as provided in said paragraph 12.04.B; and (iii) as otherwise specifically provided in the Contract Documents. 12.04 Uncovering Construction A. If any Construction is covered contrary to the written request of Owner, it must, if requested by Owner, be uncovered for Owner's observation and recovered at Design/Builder's expense. B. If Owner considers it necessary or advisable that covered Construction be observed by Owner or inspected or tested by others, Design/Builder, at Owner's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Owner may require, that portion of the Construction in question, furnishing all necessary labor, material and equipment. If it is found that such Construction is defective, Design/Builder shall pay all claims, costs, losses and damages caused by, arising out of, or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. If, however, such Construction is not found to be defective, Design/Builder shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Design/Builder may make a Claim therefor as provided in Article 9. Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 11.02.A. Delays beyond the control of Design/Builder shall include, but not be limited to, acts or neglect by Owner, governmental agencies, acts or neglect of utility owners or other contractors performing other construction work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. C. If Owner or other contractor or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Design/Builder shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Design/Builder’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Design/Builder’s ability to complete the Work within the Contract Times. D. If Design/Builder is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Design/Builder, then Design/Builder shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Design/Builder’s ability to complete the Work within the Contract Times. Such an adjustment shall be indicated in the Contract Documents; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Design/Builder believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes it is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. D. Design/Builder acknowledges that Owner has the right to add or delete items of the Work or change quantities at Owner’s sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the estimated quantity of the item. ARTICLE 11 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 11.01 Change of Contract Price A. 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 promptly in accordance with paragraph 9.03.A. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 10.03); or 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit connection with the Work. i. Cost of premiums for all Bonds and insurance Design/Builder is required by the Contract Documents to purchase and maintain. B. Costs Excluded. The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Design/Builder's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Design/Builder whether at the Site or in Design/Builder's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 10.01.A.1, all of which are to be considered administrative costs covered by the Design/Builder's fee. 2. Expenses of Design/Builder's principal and branch offices other than Design/Builder's office at the Site. 3. Any part of Design/Builder's capital expenses, including interest on Design/Builder's capital employed for the Work and charges against Design/Builder for delinquent payments. 4. Costs due to the negligence of Design/Builder, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 10.01.A. 6. Cost of premiums for all Bonds and for all insurance whether or not Design/Builder is required by the Contract Documents to purchase and maintain the Saturday, Sunday or lLegal hHolidays, shall be included in the above to the extent authorized by Owner. b. Such employees shall also include engineers, engineering technicians, architects, and others providing Design Professional Services. For purposes of this paragraph 10.01.A.1, Design/Builder shall be entitled to payment for such employees an amount equal to salary costs times a factor, both as designated in the Agreement, for all services performed or furnished by such employees engaged on the Project. 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 Design/Builder unless Owner deposits funds with Design/Builder with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Design/Builder shall make provisions so that they may be obtained. 3. Payments made by Design/Builder to Subcontractors (excluding payments for Design Professional Services pursuant to paragraph 10.01.A.4) for Work performed or furnished by Subcontractors. 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 Design/Builder's Cost of the Work and fee. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 4. Payments made by Design/Builder for Design Professional Services provided or furnished under a Design Subagreement. 5. Costs of special consultants (including but not limited to testing laboratories, surveyors, attorneys, and B. Documentation. Substantiating documentation shall be submitted by the claiming party within 30 days after delivery of the notice required by paragraph 9.03.A. C. Decision. The other party shall render a decision on the Claim no more than 30 days after the receipt of the substantiating documentation required by paragraph 9.03.B. This decision will be final and binding unless the claiming party gives notice of intention to exercise its rights under Article 15 within 30 days of receipt of the decision and exercises such rights within 30 days of giving the notice of intent. D. Time Limit Extension. The time limits of paragraphs 9.03.B and 9.03.C may be extended by mutual agreement. 9.04 Execution of Change Orders A. Owner and Design/Builder shall execute appropriate Change Orders covering: 1. Changes in the Work which are (i) ordered by Owner pursuant to paragraph 9.01, (ii) required because of acceptance of defective Construction or Work under paragraph 12.08 or Owner's correction of defective Construction or Work under paragraph 12.09 or (iii) agreed to by the parties; and 2. Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive.; 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, Design/Builder shall carry on the c. Property descriptions; d. Zoning, deed, and other land use re- strictions; e. Engineering surveys to establish reference points for design and construction which in Owner's judgment are necessary to enable Design/Builder to proceed with the Work; f. Assistance to Design/Builder in filing documents required to obtain necessary permits, licenses, and approvals of governmental authorities having jurisdiction over the Project; g. Permits, licenses, and approvals of government authorities Owner is specifically required to obtain by the Contract Documents; and h. All subsurface data at or contiguous to the Site which Owner may have obtained. 7. Review Submittals subject to Owner review pursuant to paragraph 6.17.A; and 8. Provide information known to or in the possession of Owner relating to the presence of materials and substances at the Site which could create a Hazardous Environmental Condition. 8.02 Insurance A. Owner's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in Article 5. ARTICLE 7 – OTHER CONSTRUCTION 7.01 Related Work at Site A. Owner may perform other Work related to the Project at the Site by Owner's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. Written notice thereof will be given to Design/Builder prior to starting any such other work; and 2. Design/Builder may make a Claim therefor as provided in Article 9 if Design/Builder believes that such performance will involve additional expense to Design/Builder or requires additional time and the parties are unable to agree as to the amount or extent thereof. B. Design/Builder shall afford each other contractor who is a party to such a direct contract and each utility owner (and Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, Design/Builder shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Design/Builder 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 Owner and the others whose work will be affected. The duties and responsibilities of Design/Builder under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Design/Builder in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Design/Builder's Work depends upon work performed or services provided by others under this Article 7, Design/Builder shall inspect such other work and appropriate instruments of service and promptly report to Owner in writing any delays, defects or deficiencies in such other work 6.20 Design/Builder's General Warranty and Guarantee A. Design/Builder warrants and guarantees to Owner that all Construction Work will be in accordance with the Contract Documents and will not be defective. Design/Builder's warranty and guarantee hereunder excludes defects or damage caused by: 1. Abuse, modification or improper maintenance or operation by persons other than Design/Builder, Subcontractors, or Suppliers or any other individual for whom Design/Builder is responsible, unless such abuse, modification, or improper maintenance or operation was permitted by or could reasonably have been prevented by Design/Builder, Subcontractors or Suppliers; or 2. Normal wear and tear under normal usage. B. Design/Builder's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Design/Builder's obligation to perform the Work in accordance with the Contract Documents: 1. Observations by Owner; 2. The making of any progress or final payment; 3. The issuance of a certificate of Substantial Completion or any payment by Owner to Design/Builder under the Contract Documents; 4. Use or occupancy of the Work or any part thereof by Owner; 5. Any acceptance by Owner or any failure to do so; B. Design/Builder shall comply with applicable Laws or Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Design/Builder shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Design/Builder, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Design/Builder. D. Design/Builder's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed and Owner has issued a notice to Design/Builder in accordance with paragraph 13.08.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Design/Builder shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Design/Builder shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. Department of Revenue for construction materials to be physically incorporated into the project. This Certification of Exemption provides that the Design/Builder shall neither pay nor include in his Proposal, sales and use taxes on those building and construction materials physically incorporated into the project. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, CO 80261 C. Sales and use taxes for the State of Colorado, Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable sales and use taxes (including State collected taxes) on any items other than construction and building materials physically incorporated into the project are to be paid by Design/Builder and are to be included in appropriate Work items. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas. 1. Design/Builder shall confine construction equipment, the storage of materials and equipment, and the operations of construction workers to the Site and other areas permitted by Laws or Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Design/Builder 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. 2. Should any claim be made by any such owner or occupant because of the performance of Work, Design/Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultants and anyone entities performing or furnishing any of the Work to communicate with the Owner through Design/Builder. E. All Work performed for Design/Builder by a Subcontractor or Supplier will be pursuant to an appropriate Design Subagreement or Construction Subagreement between Design/Builder and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the Design/Builder and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Design/Builder, Owner's Consultant, and all other additional insureds (and their officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Design/Builder will obtain the same. 6.07 Patent Fees and Royalties A. Design/Builder 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 Conceptual Documents for use in the performance of the Construction and if to the actual knowledge of Owner 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 Conceptual Documents. B. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner and Owner’s Consultant, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from any by the Contract Documents. Design/Builder shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Construction at the Site shall be performed during rRegular wWorking hHours, and Design/Builder will not permit overtime work or the performance of Construction on Saturday, Sunday or any lLegal hHoliday without Owner's written consent, which will not be unreasonably withheld. Design/Builder shall submit requests to Owner no less than 48 hours in advance of any Work to be performed on Saturday, Sunday, Legal Holidays, or outside Regular Working Hours. 6.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Design/Builder shall furnish or cause to be furnished and assume full responsibility for 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 Work. 1. Purchasing Restrictions: Design/Builder must comply with the City’s purchasing restrictions. Copies of the resolution(s) are available for review in the offices of the Purchasing and Risk Management Division or the city Clerk’s office. 2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of Owner. If reasonably required by Owner, Design/Builder shall furnish Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurance A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 13.06, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 – DESIGN/BUILDER'S RESPONSIBILITIES 6.01 Design Professional Services A. Standard of Care. The standard of care for Design Professional Services performed or furnished under this Agreement will be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality. B. Preliminary Design Phase. After the Contract Times commence to run, Design/Builder shall: 1. Consult with Owner to understand Owner's requirements for the Project and review available data; 2. Advise Owner as to the necessity of Owner's providing or obtaining from others additional reports, data, or services of the types provided in paragraph 8.01.A.6.a-g and assist Owner in obtaining such reports, data, or services; 3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by Design/Builder with whom consultation is to be undertaken in connection with the Project; 4. Obtain such additional geotechnical and related information which it deems necessary for performance of the Work; insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Design/Builder intend that all policies purchased in accordance with paragraph 5.06 will protect Owner, Owner's Consultant, Design/Builder, Subcontractors, Suppliers, and all other individuals or entities indicated in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Design/Builder waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Owner's Consultant, Subcontractors, Suppliers, and all other individuals or entities indicated in the Supplementary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Design/Builder, Subcontractors, and Suppliers and the officers, directors, employees and agents of any of them for: 1. Loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property caused by, arising out of or resulting from fire or other peril whether or not insured by Owner; and 2. Loss or damage to the completed Project or any part thereof caused by, arising out of. or resulting from fire or other insured peril or cause or loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to paragraph 13.06, after Substantial and any such additional insured of continuation of such insurance at final payment and one year thereafter). C. Design/Builder’s Professional Liability Errors & Omissions Insurance. Design/Builder shall purchase and maintain such Professional Liability Errors & Omissions insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims which may arise out of or result from Design/Builder’s performance and furnishing of the Work and Design/Builder’s other obligations under the Contract Documents, whether it is to be performed or furnished by Design/Builder, 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. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Design/Builder under paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Builders Risk Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Construction at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws or Regulations). This insurance will: 1. Include the interests of Owner, Owner's Consultant, Design/Builder, Subcontractors, and any other individuals or entities indicated in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. Be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Construction, temporary buildings, falsework and all materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and Design/Builder's performance of the Work and Design/Builder's other obligations under the Contract Documents, whether it is to be performed by Design/Builder, any Subcontractor or Supplier or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. Claims under workers' compensation, disability benefits and other similar employee benefit acts; 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Design/Builder's employees; 3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Design/Builder's employees; 4. Claims for damages insured by reasonably available personal injury liability coverage which are sustained (i) by any person as a result of an offense directly or indirectly related to the employment of such person by Design/Builder, or (ii) by any other person for any other reason; 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 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. B. The policies of insurance required by paragraph 5.04.A shall: 1. With respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, 5.04 B.3 and 5.04.C (subject to any customary exclusion in respect of professional liability) include as additional insureds Owner and Owner's Consultants and any other persons or entities indicated in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective such special conditions under which Construction is agreed to be resumed by Design/Builder, either party may make a Claim therefor as provided in Article 9. D. If after receipt of such special written notice Design/Builder does not agree to resume Construction based on a reasonable belief it is unsafe, or does not agree to resume such Construction under such special conditions, then Owner may order such portion of the Work that is related to such Hazardous Environmental Condition to be deleted from the Work. If Owner and Design/Builder cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Article 9. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. E. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design/Builder, Subcontractors, Suppliers and the officers, directors, partners, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from such Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Contract Documents to be included in the scope of the Work, and (iii) was not created by Design/Builder or by anyone for whom Design/Builder is responsible. Nothing in this paragraph 4.04.E shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. F. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultant and the officers, directors, partners, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from such Hazardous Environmental Condition created by Design/Builder or anyone for whom Design/Builder is responsible. Nothing in this paragraph 4.04.F shall obligate Design/Builder to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. ARTICLE 5 – BONDS AND INSURANCE responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities during construction, and d. the safety and protection of all Underground Facilities as provided in paragraph 6.13 and repairing any damage thereto resulting from the Work. 2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, Design/Builder shall, immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16), identify the owner of such Underground Facility and give written notice to that owner and to Owner. Owner 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 Owner concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 9 to reflect and document such consequences. During such time, Design/Builder shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.12. Design/Builder may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that Design/Builder did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Design/Builder are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, Design/Builder may make a claim therefor as provided in Articles 10 and 11. However, Owner shall not be liable to Design/Builder for any claims, costs, losses or damages incurred or sustained by Design/Builder on or in connection with any other project or anticipated project. Owner, with respect to: (i) the completeness of such reports and drawings for Design/Builder’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Design/Builder and safety precautions and programs incident thereto, or (ii) other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or (iii) any Design/Builder interpretation of or conclusion drawn from any “technical data” or any such data, interpretations, opinions or information. C. Notice of Differing Subsurface or Physical Conditions: If Design/Builder believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Design/Builder is entitled to rely as provided in paragraphs 4.02.A and 4.02.B is materially inaccurate, or 2. is of such a nature as to require a change in the Contract Documents, or 3. differs materially from that shown or indicated in the Contract Documents, or 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; or 5. is of such a nature as to reasonably be suspected of containing or constituting Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material, or such other substances or materials that may result in significant damage or injury or require compliance with specifically applicable regulatory requirements, unless confirmation of the absence of such condition has previously been provided; then Design/Builder shall, 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 6.16), notify Owner in writing about such condition. Design/Builder shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. D. Owner's Review: Owner will promptly review the pertinent conditions and determine the necessity of obtaining additional exploration or tests with respect thereto. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; DIFFERING SITE SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS; HAZARDOUS ENVIRONMENTAL CONDITIONS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Design/Builder of any encumbrances or restrictions not of general application but specifically related to use of the Site which Design/Builder will have to comply in performing the Work. Unless otherwise provided in the Contract Documents, Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Design/Builder and Owner are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in Owner's furnishing the Site, Design/Builder may make a Claim therefor as provided in Article 9. B. Upon reasonable written request, Owner shall furnish Design/Builder with a current statement of record legal title and legal description of the lands upon which the Construction is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws or Regulations. C. Design/Builder shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Differing Site Conditions Subsurface and Physical Conditions Owner for failure to report any such conflict, error, ambiguity, or discrepancy unless Design/Builder knew or reasonably should have known thereof. 3.04 Amending and Supplementing Contract Documents A. 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: 1. Owner's approval of required Submittals (pursuant to paragraph 6.17.B); 2. A Work Change Directive; 3. A Change Order; 4. A Field Order; 5. A formal Written Amendment. 3.05 Reuse of Documents Use of Design Materials A. All documents including Drawings and Specifications prepared or furnished by Design/Builder pursuant to this Agreement are for Design/Builder's own use, and Design/Builder shall retain an ownership and property interest therein whether or not the Project is completed. Owner may make and retain copies for information and reference in connection with the use and occupancy of the Project by Owner and others. However, such documents are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse or any continued use after any termination without written verification or adaptation by Design/Builder for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Design/Builder and Owner shall indemnify and hold harmless Design/Builder and Subcontractors from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Design/Builder to further compensation at rates to be agreed upon by Owner and Design/Builder. The Owner shall have unlimited rights to copy and use in connection with the Project all Design Materials, including the right to use same on the Project at no additional cost to the Owner, regardless of degree of completion, provided that said services performed have been fully paid for as required by the terms of this Agreement. The Design/Builder agrees to and does herby grant to the Owner and any assignee or successor of the Owner as owner of the B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be designed and constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for at no additional cost to Owner. C. Whenever in the Contract Documents the terms “as ordered”, “as directed”, “as required”, “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 Owner as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to Owner 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 any provision of the Contract Documents. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws or Regulations. 1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code, or Laws or Regulations in effect on the last day for receipt of Proposals except as may be otherwise specifically stated in the Contract Documents. prepared by Owner and check and verify pertinent figures therein and all applicable field measurements. Design/Builder shall promptly report in writing to Owner any conflict, error, ambiguity, or discrepancy which Design/Builder may discover and shall obtain a written interpretation or clarification from Owner before proceeding with any Work affected thereby; however, Design/Builder shall not be liable to Owner for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Design/Builder knew or reasonably should have known thereof. B. Preliminary Schedules: Within 10 days after commencement of the Contract Times (unless otherwise specified in the Contract Documents), Design/Builder shall submit the following to Owner for its timely review: 1. A preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. A preliminary schedule of Submittals which will list each required Submittal and the times for submitting, reviewing and processing each Submittal; in no case will a schedule be acceptable which allows less than seven (7) calendar days for each review by owner. 3. A preliminary Schedule of Values for all of the Work which will include quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work; and 4. A preliminary cash flow projection estimating that portion of the Contract Price to be due during each month of performance. materials or equipment to be incorporated in the Work by Design/Builder or any Subcontractor. 45a. Underground Facilities – All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 46. Unit Price Work – Work to be paid for on the basis of unit prices. 47. Work – The entire construction or the various separately identifiable parts thereof required to be performed or furnished under the Contract Documents. Work includes and is the result of performing or furnishing Design Professional Services and Construction required by the Contract Documents. 48. Work Change Directive – A written directive to Design/Builder, issued on or after the Effective Date of the Agreement and signed by Owner ordering an addition, deletion or revision in the Work, or responding to differing site conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. Intent of Certain Terms or Adjectives: 1. The word “day” shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2. The word “defective,” when modifying the words “Construction” or “Work” refers to Construction or Work that is unsatisfactory, faulty, or deficient in that Design/Builder has entered into the Agreement and for whom the Work is to be performed. 29. Owner's Consultant – An individual or entity with whom the Owner may contract to furnish services to Owner with respect to the Project and who is identified as such in the Supplementary Conditions. 30. Partial Utilization – Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 31. PCBs – Polychlorinated biphenyls. 32. Petroleum – 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 oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Wastes and crude oils. 33. 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. 34. Proposal – The documents submitted by Design/Builder in response to the Request for Proposals setting forth the design concepts, proposed prices, and other conditions for the Work to be performed. 35. Radioactive Material – Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 35a. Regular Working Hours – 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise specified in the Contract Documents. 36. Request for Proposals – The document prepared by or for Owner specifying and describing Owner's agreement between Owner and Design/Builder concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents – Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. 13. Contract Price – The moneys payable by Owner to Design/Builder for completion of the Work in accordance with the Contract Documents. 14. Contract Times – The numbers of days or the dates stated in the Agreement to (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment, as evidenced by Owner’s Representative’s written recommendation for final payment, and in accordance with paragraph 13.08. 15. Design/Builder – The individual or entity with whom Owner has entered into the Agreement. 15a. Design Materials – Any and all documents, shop drawings, electronic information, data, plans, drawings, sketches, illustrations, specifications, descriptions, models and other information developed, prepared, furnished, delivered or required to be delivered by the Design/Builder (a) to the Owner under the Contract Documents or (b) developed or prepared by the Design/Builder specifically to discharge its duties under the Contract Documents. 16.05 Controlling Law.................................................................................................................................................................34 6.22 Survival of Obligations ........................................................................................................................................................20