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441491 ALPINE DEMOLITION & RECYCLING LLC - CONTRACT - BID - 7660 BLOCK 32 DECONSTRUCTION
City of Fort Collins 0"�VPurchasing SPECIFICATIONS rwrj Financial Services Purchasing Division 215 N. Mason St. 2i° Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.con✓purchasing CONTRACT DOCUMENTS •; BLOCK 32 DECONSTRUCTION/DISMANTLE BID NO. 7660 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS • JULY 3, 2014 - 3:00 P.M. (OUR CLOCK) Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.coMpurchasing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7660: Block 32 Deconstruction/Dismantle OPENING DATE: 3:00 PM (Our Clock) July 22, 2014 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed as follows: The Opening Date has been changed to July 22, 2014 at 3:00 PM (our clock) Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST STATEMENT ENCLOSED WITH THE ADDENDUM HAS BEEN RECEIVED. BE ACKNOWLEDGED BY A WRITTEN BID/QUOTE STATING THAT THIS • 9 i Addendum 1 — 7660 Block 32 Deconstruction/Dismantle Page 1 of 1 u C AC� oe CERTIFICATE OF LIABILITY INSURANCE eAii�zola Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of Such endorsement(s). PRODUCER IRG Underwriters, LLC 7991 Shaffer Parkway Suite 300 Littleton CO 80127 CONTACT Danielle Schmelin NAME: g PHONE Esu. (303) 972-6633 FaAXC. Na: (303)972-6655 EADORe .dschmeling@irgco. com INSURE S AFFORDING COVERAGE NAICN INSURER A:Plnnacol Assurance INSURED Alpine Demolition 5990 Kipling Parkway #101 ry Arvada CO 80004 INSURER B: INSURER C: INSURER D: NS URER E: INSURF;F: COVERAGES CERTIFICATE NUMBER:CL1G41600508 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIOOM'YY POLICY EXP MMIDO/YYYY LIMITS GENERALUABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F—IOCCUR ' EACH OCCURRENCE $ DAMAGE TO R��D PREMISES (Ea n n $ MEDEXP(An onepersdn) $ PERSONALaADVINJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE POLICY LIMIT APPLIES PER PRO- MLOC PRODUCTS- COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALLOWNED F7 SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS HAUTOS .> COMBINED SINGLE LIMIT Ea acadenl BODILYINJURY(Perpersm) $ BODILY IWURV(Peraccident) $ PROPERTY DAMAGE Peramdem $ $ UMBRELLA LIAR EXCESS LIAB OCCUR CLAINS-MADE - EACH OCCURRENCE $ AGGREGATE $ CEO RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERS' UABILITY y/N ANY PROPRIETORPARTNEREXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N yye& describe under DESCRIPTIONOFOPERATIONSbelaw NIA 000961 /1/2014 /1/201$ SSTATU- DTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYE $ 1 000 000 EL.DISEASE-POLICY LIMIT $ 1 DDO 000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES(AWch ACORD 101,Addlamal Ramada Scle le, U mom space Is reulred) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Fort Collins ACCORDANCE WITH THE POLICY PROVISIONS. 215 North Mason Street 2nd Floor AUTHORIZED REPRESENTATIVE Fort Collins, CO 80522 Jack Terrill/DASCOI I ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights INS025,7ntmmm Th. Ar:r1Gn romn and Innn aro roniefnmA mar4e of arnian E u • r 1 U SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7660 Block 32 Deconstruction/Dismantle PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins. Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Alpine Demolition Inc. CONTRACT DATE: August 6, 2014 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER DA REMARKS: AUTHORIZED REPRESENTATIVE SECTION 00640 • CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Alpine Demolition Inc. Gentlemen: You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Alpine Demolition Inc. for the City of Fort Collins project, 7660 Block 32 Deconstruction/Dismantle. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated August 6, 2014. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 20_ Sincerely, OWNER: City of Fort Collins By: • Title: ATTEST: Title: • SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Alpine Demolition Inc. (CONTRACTOR) PROJECT: 7660 Block 32 Deconstruction/Dismantle The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the • buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of 20_ CONTRACTOR: ALPINE DEMOLITION INC. -11 Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this Ml Witness my hand and official seal. Notary Public My Commission Expires: day of 9M rI L_j • 0 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Alpine Demolition Inc. PROJECT: 7660 Block 32 Deconstruction/Dismantle CONTRACT DATE: August 6, 2014 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20_ 0 (Surety Company) M ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. U SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE CONTRACTOR APPLICATION DR 0172 (12/98) FOR COLORADO DEPARTMENT OF REVENUE DENVER Co 80261 EXEMPTION CERTIFICATE (303)232-2416 Pursuant to Statute Section 39-26.114(1)(a)(XIX) 6 DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Reglstration/Acoount No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - 0D NTRffiTOR 1NFORMATION Trade name/DBA: Owns, PaMer, or corporate name: Mailing address (City, State. Zip): Contact Person E-Mail address: Federal Employers Identification Number: Bid amount for your contract: Fax Number ( ) Business telephone number. Colorado Withholding tax account number1110 Copies oFcontract or agreement,pages (iy)identifying the contracting parties xxgtieE�XE-MPTION INFORMATION andy2)containing signatures of contracting partiesmustbeattached. Name of exempt organization (as shown on contract): Exempt arganization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County ties) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: Completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE 0 0 0 E Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this • may delay processing of your application. LJ • 0 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS SECTION 00700 GENERAL CONDITIONS • GENERAL CONDITIONS OF TIE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a bast. Changes to that document are shovm by underlining text that has been added and striking through text that has been deleted. • EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) CJ Article or Paragraph Number & Title I♦ am,I MI TABLE OF CONTENTS OF GENERAL CONDITIONS Page . Article or Paragraph Number Number&Tide 1.1 Addenda ............ ..................._.......... J 1.2 Agreement ................................. ........ I 1:3 Application for Payment,,,,,,,,.„.,,,,,,,,,,;1 1.4 ASbCSIOa.............................................. 1.5 Bid ..............:..................................... 1 1.6 Bidding Documents ............._... -..,........I 1.7 Bidding Requirements,,,,,,,,,,,,,,,,,,,,,,,,,,I 1.8 Bonds.................................................1 1.9 Change Order ..................................... 1 Ell Contract DOCurnents .............__...,,,,,,_.,,I 1.11 Contract Price..... ......... I ...................... I 1.12 Contract Times .._..._._.._......... _.........I 1.13 CONTRACTOR.................................1 1.14 defective.............................................:1 1.15 Drawings............................................3 1.16 Effective Date of the Agreement ......... 1 1.17 ENGINEER........................................I 1.18 RNGINUER's Consultant 1 1.19 Field Order..........................................I L20 General Requirements .........................2 1.21 Hazardous Wage ......_......._ ...........-.2 .. 1.22.a Laws and Regulations; laws or Regulations.......................................2 1.22.b Legal Holidays ........ ........................2 1.23 Liens .......................................... .......2 1.24 Milestone................_..........................2 1.25 Notice of Award_._,..._„.2 1.26 Notice to Prccecd..............................._2 LV OWNER............................................2 1.28 Partial Utilization................................2 1 29 PCBs.................................................2 1.30 Petroleum ............... I.: ........ - ............. 1.31Project .... .............................. _.......... 1.32.a Radioactive Material ...........................2 1.32:b Regular Working Hours, ...................... 1.33 Resident Project .Representative ,,,,,,,,,,,,,2 1:34- Samples..............................................2 1.35 Shop Drawings ...................................2 1.36 Specifications......................................2 1.37 Subcontractor.....................................2 1.38 Substantial Completion„...................2 1.39 Supplementary Conditions ....... 1.40 Supplier .......................................... :... 2 1.41 Underground Facilities, ............ ......... 2-3 1.42 Unit Price Work .................................. 1.43 Work..................................................3 1.44 Work Change Directive .......................3 1.45 Written Amendment ...........................3 Page Number 2. PRCLIMINARY MATTERS .......................... _._.3 2.1 Delivery of Bonds ............................. 2.2 Copies of Documents........................3 2.3 Commencement of Contract Times; Notice to Proceed„-„-„---_;; 3 2.4 Starting the Work ............................3 2.5-2.7 Before Starting Construction: CONTRACTORS Responsibility to Report; Prelim inary Scheddes; Delivery of Certificates of Insurance 34 2.8 Preconstructicn Conference ,,,,,,,:..... 4 2.9 Initially Acceptable Schedules ....... ...4 3. CONTRACT DOCUN ENT S: INTENT, AMENDING. REUSE .......................................... 4 3.1-3.2 Intent _...... _ ........ ................. 4 3.3 Reference to Standards end Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies .................................. 4-5 3.4 intent of Certain Terms a Adjcctivcs.....................................5 3.5 Amending Contract DocunenLq,,.__,_,5 3.6 Supplementing Contract. Documents ................................... 5 3.7 Reuse ofDocumems ............ I. .... ..... -5 AVAILABILITY OF LANDS;_ SUBSURFACE AND PHYSICAL CONDITIONS REFERENCE POINTS .................. ....................... 5. 4.1 Availability of Lands.....................56 4.2 Subsurface and Physical Conditions_--........................_....6 4.2.1 Repots and Drawingf.....................0 4.12 Limited Reliance by CONTRAC- TOR Authorized: Technical Data...........................:.:....... :..:...6 4.2.3 Notice of Differing Subsurface or Physical Conditiong_ ................. 6 4.2.4 ENGINF.ERs Review...............„-„-„6 4.2.5 Possible Contract Documents Change........................................ 6 4.2.6 Possible Price and Times Adjustments_ ............................C*7 4.3 Physical Conditions --Underground Facilities ....................................... 7 4.3.1 Shaviri or Indicated .......... ........ ....... :7 4.3.2 Not Shown or Indicated ...................? 4.4 Reference Points .............................. 7 E1CDC (ENMAL CONDITIONS 1910-9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/M a 0 • Article or Paragraph Number & Title Page Article or Paragraph Number Number & Title 4.5 Asbestos PCBs, Petroleum, Hazardous Waste or Radioactive Material;7-8 5. BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bonds .................:....:...... 8 5.3 i ri Licend.S'w"'seSure.ties an:..d- Ins.urers; Certificates of Insurancq......_........ .................... '5A CONTRACTOR's Liability I nsurancc.........................................9 -5.5 OWNER's Liability Insurance,,,,,,,,,,,,,, 9 5.6 Property Insurance ............... ........... 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance ................. 10 5.8 Notice of Cancellation Prmision._, 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts 10 5.10 Other Special Insurance,,,,,,,,,,,,,,,,,,_, 10 5.11 Waiver of Rights,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,11 5.12-5.13 Receipt and Application of Insurance Procee410.11 5,14 Acceptance of Bonds and Insa- . once; Option to Replace,,,,,,,,,;,;..I I 5.15 Partial Utilization --Property Insurance ............::.......................... 11 6, CONTRACTOR'S RESPONSIBILITIES ..:............ 11 6.1-6.2 Supervision and Superintendcncp,,,,,..11 6.3.6.5 Labor, Materials and Equipment.,_ 11-12 6.6 Progress Schedule..............................12 6.7 Substitutes and "Or -Equal" Items; CONfRACTOR's Expense; - Substitute Construction Methods or Procedures; ENGINEER's Evaluation ............. 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights,,,,,,,,,,,,,,,,,,,,,,,, 13-14 6.12 Patent Fees and Royalties,,,,,,,,,,,,,,,,,,, 14 6.13 Permits ............................................. 14 6.14 Laws and Regulations, ....................... J4 6.15 Taxes ........................................... 14-15 6.16 Use OfPremisu................................ 15 6.17 Site Cleanliness ................................ 15 6AS Safe Structural Loading ,,,,,,,,,;,,,,,,,,,,,15 6:19 Record Documents ..........._................I5 6.20 Safety. and Protection .......... ,_........ 15-16 6.21 Safety Representative ......................... 16 6,22 Hazard Communication Programs ..... .16 6.23 Emergencies ..................................... 16 6.24 Shop Drawings and Sample* .............. 16 Page Number 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal .................................... 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER;..... 16.17 -.6.27 Responsibility forVariations From Contract Docurnents.,.........17 6.28 Related Work Performed Prior to ENGINSER's Review and Approval of Required Submittals ................................... 17 629 Continuing the Work ..................... 17 6.30 CONTRACTOR's General Warranty and Guarantee. ...... ..17 6.31-6.33 Indcmnification.............. ... ........17-18 6.34 Survival of Obligations....:..............IS 7. OTHER WORK ..:............................:.....:........... 18 7.1-7.3 Related Work at Site 18 7.4 Coordination ................................ 18 S. OWNER'S RESPONSIBILITIES ......................... 18 ,9.1 Communications to CON- TRACTOR ................................. 18 8.2 Replacement of ENGINEER,,,,; ....... 18 8.3 Fumish Data andPay Promptly When Due .................................. 18 8.4 Lands and Easements; Reports and Tests ....:.......................... 18-19 8.5 Insurance,,,,,,,,,,,,, 19 8.6 Change Orders ............................... 19 8.7 Inspections, Tests and I . . Approvals ................................... 19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services .....:................................ 19 8.9 Limitations on OWNER'S Responsibilities ........... I ... ........... 19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material, ............... J9 8.11 Evidence of Financial Arrangements..............................19 ENGINEER'S STATUS DURING CONSTRUCTION ............................................. 19 9.1 OWNER's Representative„___...... 19 9.2 Visits to Site .......... ............... ........ 19 9.3 Project Representative ............... 19-21 9.4 Clarifications and Interpre- tations ........................................ 21 9.5 Authorized Variations in Vbik........ 1 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITIOM wJ CITY OF FORT COLLINS MODIFICATIONS XV 9199) Article or Paragraph Page Article or Paragraph Page • Number & Title Number Number & Title Number 9.6 Rejecting Defective Work .................. 21 9.7-9.9 Shop Drawings, Change Orders and Payments..._ .............................. 21 9A0 Determinations for Unit Prices 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpretet.............22 9.13 Limitations on ENGINEER's Authority and Responsibilitig.... 22-23 CHANGES IN THE WORK ....................................... 23 10.1 OWNER's Ordered Change ,,,,,,,,,,,,,,,,23 14. 10.2 Claim far Adjustment ........................ 23 10.3 Work Not Required by Contract Documents ................................... �. 23 10.4 Change Orders ................................. 23 10.5 Notification of Surety,,,,_,_,.,,,,,,,,,___ 23 CHANGE OF CONTRACI' PRICE23 1 L1-113 Contract Price; Claim for Adjustment; Value of the Work ................................... 23-24 11.4 Cost of the Work .......................... 24.25 11.5 Exclusions to Cost of the Work..........25 11.6 CONTRACTOR's Fee 25 11.7 Cost Records.................................2536 11.8 Cash Allowances .............................. 26 11.9 Unit Price Work ............... ...............26 CHANGE OF CONTRACT TLMES ...........................26 12.1 Claim for Adjustment ........................ 26 12.2 Time of the Essence ..........................26 12.3 Delays Beyond CONTRACTOR's Control ...................................... 2&27 12.4 Delays Beyond OWNER's and CONTRACTOR's Control................27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEEECTIFE WORK. ...... .............................._...._..27 13:1 Notice of Defects..............................27 13.2 Access to the Work ........................... 27 13.3 Tests and Inspections; CONTRACTOR's Cooperation,,,,,.,., 27 13.4 OWNER's Responsibilities; Independent Testing Laboratory...... 27 13.5 CONTRACTOR's Responsibilities ................ .............. 27 13.6-13.7 Covering Work Prior to Inspec- tion. Testing or Approval.................27 13.8-13.9 Uncovering Work at ENGI- NEER's Request,,.„ ................ P-28 13.10 OWNER May Stop the Work......... 28 13.11 Correction or Removal of Defective Work .... .........:...:......... 78 13.12 Correction Period ..........................26 13.13 Acceptance ofDefecfive Work........29 13.14 OWNER May Correct Defective Work ..................................... 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION ................................................. 29 14.1 Schedule of Values,,,,,,,,,,,,,,,,,,,,,,,, 29 14.2 Application for Progress Payment..................................... 29 14.3 CONTRACTOR's Warranty of Title .................:........................ 29 14.4-14.7 Review of Applications for Progress Payments ................. 29-30 14.8-14.9 Substantial Completion ................. 30 14.10 Partial Utilization .....................36-31 14.11 Final Inspection .............................31 14.12 Final Application for Paymen(,,,,,..31 14,13-14.14 Final Payment and Acceptance,-,,.,,31 14.15 Waiver of Claims ......................31-32 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 15.1 OWNER May Suspend Work.........32 15.2-15.4 OWNER May Terminate ................ 32 15.5 CONTRACTOR May Stop Work or Terminate. 32-33 16. DISPUTE RESOLLMON -'-33 17. MISCELLANEOUS.......-_........................._.._.33 17.1 Giving Notice ................................ 33 17.2 Computation of Tim es,,,,,,,,,,,,,,,,,,,, 33 17.3 Notice of Claim ............................. 33 17.4 Cumulative Remedies.....................33 17.5 Professional Fees and Court Costs included .................. :...... . _.33 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 intentionally left blank,-„ ................................... 35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement,,,,,,,,,,,,,,,,,,,, GGAI 16.1-16.6 Arbitration ....... ....................... QC -Al 16.7 Mediation ...............................GC -AI EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WOW OF FORT COLUNS MODIFICATIONS (REV 9/99) • 0 F 0 INDEX TO GENERAL CONDITIONS ;City of Fort Collins modifications to the. General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of - Bonds and insumnm...................... :.................5.14 defective Work .... .............. ... .... 104.1. 13.5, 13.13 final payment, ............ ..:........... .:........... 9.12, 14.15 insurance .................................... 5.14 ....................... other Work. by CONTRACTOR . . . ....... ..... 33 'Substitutes and ."Or-Equal"Items...................... .7.1 Work by OWNER ................ ......2.5, 6.30,G34 Acoes-s to the-- Land; OWNER and CONTRACTOR Yesponsibililies.............................4.1 site, related Work...._ ....... .__........ _......... ........ 7.2 Work_...................................:_.,13.2. 13. 14. 14.9 Acts or Omissions--, Acts and Omissions - CONTRACTOR .................................. 6.9.1, 9.13.3 ENGINEER_ .................................._...:¢,20.'9,13.3 OWNER ... ...:.................... ....... ............. 0.20, 8.9 Addenda--defimi.....tion of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), I.I Additional Property Insurance* ................................. 5J Adjustments - Contract Prim or Contract Timm.... ........ ..... 15, 3.5, 4.1, 4.3.2,4.5.2, ......:.......................9.5.3: 9:4:9.5, 10.2-10.4. .........................................11. 12., 14.8. 15.1 progress schedule......' .....:........ ...... 16.6 Agreement-. definition of,,,, -,,,,,..... .. , ...........J; .....' 'All -Risk" Insurance, policy form .... . ........ . .5.6.2 Allowances, Cash....................................................11.8 Amending Contract Documents .... _ ..................... .„ 3.5 Amendment. Wriven- 'in.general................)J0, 1.45,.35, 5.10, 5,12, 6.6.2 .......I.................. 0.8.2,'6.19, 10.1, 10.4,.11.2 ..:................................. 12.1, 13.12.2, 1417.2 Appeal, 0WNII2 or CONTRACTOR intent .to ................. ........9.. 10, 9,11. 10.4. 16.2. 16.5 Application for Payment -- definition of...-......_............" ......................... 1.3 .ENGINEER's liesponsibility ............................„. 9.9 final payment„-,,, ,.9.13.4; 9.13.5, 14.12A4.15 in general,,,,,,,,,,,,,,,,2.8„ 2.9, 5.6.4, 9.10; 13:5 progress payment ...... .......... :........... :......... 14.1-14.7 review of ................ .__.......................... .-..14:4-14.7 Arbitration :....:................_............................. 16.1-.16.6 Asbestos -- claims pursuant thereto,,,_..,,. , . „ .4.5.2, 4.5.3 CONTRACTOR authorized to stop Work:,,,,.,.;: 4.5.2 .definition o(.............................. 14 Article or Paragraph Number OWNER responsibility.for„..... .*....,.. .... - A-5.11 8.10 possible price and times change............ :.........: 4.5.2 Authorized Variations in Work,-,,,,... 3.6, 6.25, 6.27: 9.5 Availability of Lands :...;-,_ ,.,... _ _ .4.1. 8.4 Award, Notice of --defined 1.25 Before Starting Construction - ............., .5-2.8 Bid -definition of,,,,,,,,,,,,,, 1.5 (Y.l, 1.10, 2.3, 3.3. �._...............4.2.6.4, 633, 11.4:3, 11.9.1) Bidding Documents -definition of......................................_........... 1.6(6.8.2) Bidding Requirements -definition of ......................................... 1.7(1.1, 4.2:6.2) Bonds -- acceptance of ................................ ...................5.14 additional bonds 10.5. 11.4.5.9 Cost or the Work ........................._._.............. 11.5.4 definitionof..................:....................................:1.8 delivery of...................................................23, 5:1 final Application for Payment,,,,.,,,,-____ 14.12-14.14 general ...................................... 1.10, 5.1-5.3, 5.13, ................... I ... ........ ..... 19.13, 10.5,,14.1.E Perfrirmance, Payment and Other ..................:5.1.5:2: Bonds and Insurance-4n general .......................... ___ 5 Builders risk *all-risk' policy form ...... ................ .5.6:2 Cancellation Provisions, Insurance,,,.,,_ 5.4.11, 5.8, 5.15 Cash Allowances ......... ........................11.8 Certificate of Substantial Completion,,,,,,, 1.38, 6:30.2.3, ..................................................14.8. 14.10 Certificates of Inspection„.................9.13.4. 13.5, `14.12 Certificates of lnswance............. 2.7. 5.3. 5A.11, 5.4.13. ,,..-.__... I .... I .... 5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price-. Cash Allowances ......................, 11.8 claim for price adjustment,,,,,,,,,,, 4.1, 4.2.6. 4.5. 5.15, 6.8.2; 9.4 .. .......9.5. 9.11. 10.2, 10.5, 11.2,:13.9, .......................13.13, 13.14, 14.7, 15.1, 15.5 CONfRACTOR's fee 11.6 Cost of the Work ' general..: ............................................ 11.4-1' 1.7 Exclusions to,;;, _.......,....:.:'.::. _.11.5 Cost Records ........ ......................_...._................ 11.7 in general ............. I.19, 1.44, 9.11, 10.4.2. 10.4.3, 11 Lump Sum Priubg .......................................... 11.3'2 Notification of Surcty.... „ , _-.,.,,.,., 10:5 Scope of ....... .......... ........ .................... ......10.3-10.4 Testing and Inspection, Uncovering the Work .... ....................... 13.9 EfODC GENERAL CONDITIONS 19104 (1990 EDI7101%i) wl MY OF. FORT COLLIN.S MOMFICAMONS OMV 9fM • Unit Rice Wmk.._............................._...... 11.9 CONTRACTOR'sFa........_................._......... 11.6 Article or Paragraph Article or Paragraph Number Number Value of Work ............................................. ..... 11.3 CONTRACTOR's liability,,,,,,,:,, 5.4, 6, 12, 6,16, 6.31 Change in Contract Times- Cos of the Work,,._ .............................._, 11.4, 11.5 Claim for times adjustmenI........ 4.1, 4.2.6, 4.5, 5.15; Decisions on Disputek::..........................,,.9.11, 9.12 ............ 6.8.2, 9.4, 9.5, 9.11, 10.2,. 10.5, 12.1, Dispute Resolution ............................................ 16.1 ............... 13.9, 13.13, 13.14, 14.7, 151. 15.5 Dispute Resolution Agreement,,,,.,,,,,,,,,,,,,, 16.1-16.6 Contractual time .limitg.................... :................12.2 ENGINEER as initial interpreter.... ............. _.... 9.11 Delays. beyond CONTRACTOR's Lump Sum Pricing .................... ._...................11.3.2 control ........ ..._.............. ............ .....:...:...... 12r3 Notice of .............. .. .. .:.... 17.3 Delays beyond OWNER's and OWNER's....................VA, 9.5, 9.11. 10.2, 11.2, 11.9 CONTRACTOR's control ..... :....................... 12.4 ........................12.1, 13:9,.13.13, 13.14, 17.3 Notification of surety ........ ........: ........ ......... ....110.5 OWNER's liability...........................................,, 5.5 Scope of change......................................:.10.3-10.4 OWNER may refuse to make payment ................ 14.7 Change Orders-- Professional Fees and Court Costs Acceptance ofDefective Work Included ........... ................... .......... .._.....,-17.5 Amending Contract Documents ,,,,,,,, ,,,,3.5 request for formal decision on ....... I .................... %I I Cash Al knvances,,,,,,,,,, ,, ........ ... .............. 11 R Substitute Items,,,,,,, ................. ............: 6.7.1.2 Change of Contract Pxicg..................................... I I TimeExtension........ ,............. ...................... .... 12.1 Change of Contract Times ....... ___ ................... ... 12 Time requirements ,.................................. 9. 11, 12.1 Changes in the Work ........:........ :.......... .:._......... 10 Unit Price Work ..... .__::..._............................ 11.9.3 CONTRACTOR's fee........................................11.6 Value of'........................................................... I.1.3 Cam of the Work ................ ........................ 11.4-11.7 Waiver of. -on Final Payment................. 14.14, 14.15 -Cast Records ........................ .......... ................. )1.7 Work Change Directive .............................. .......10.2 definition of .................... ...... . ..... :...................... 1.9 written notice required .............. ........ 9.11, 11.2, 12.1 emergencies ......... ............................... ............ 4 23 Clarifications and Interpretations,,,,,,,,,,,, 3.6.3, 9.4. 9.11 ENGINEER's responsibility, .... .9.8. 10.4.11.2, 12.1 Clean Site .. ........................ ......... ........................ 0,17 execution of - .....................................................)0.4 . Codes of Technical Society, Organization Indcmnif)ctiog .........................-612, 6 16 G 31-6.33 or Association ......................... ........3 3.3 • Insurance, Bonds and... ._„5 10 5 13, 10.5 Commencement of Contract Times : 2.3 OWNER may.terminate.............................15.2-15.4 Canmunicatiors-- OWNER's Responsibility............ .................8.6, 10A .general ........,..................................... 0.2, 6.9.2, 8.1 Physical Conditions- Hazard Communication Programs ......................6.22 Subsurface end................................. ..:......... 4.2 Completion- . Underground Facilities--............................4.3.2 Final Application for Payment ................... ...... 14.12 Record Documents ....... .......... .................. ___ ... j5. 19 Final Inspection .......... ....... .._.._... ........ _...... _.14.11 Scope of Change:......................................10.3-10.4 Final Payment and Acceptance,,,............ 14.13-14.14 Substitutes ............. ................. ............... 6.7.3, 6.8.2 Partial Utilization............................................ 14.10, Unit Price Work ................................ .............. 11.9 Substantial Completion,,,,,_,,,_,,,.......j38. 14.&14.9 value of Wok, covered by ...... b.............. ... I...... 11.3 Waiver of Claims,,,,,,,,,,,,,,,,,,,; -:... 34.15 Changes in the Work ............................................... _IO Computation of Times.,___ ... _...................... 1T2.147Z2 Notification of surety ............. .............. _......... 10.5 Concerning Subco ntractoia, Suppliers OWNER's and CONIRACTOR's .and Other .................................................6:8-6.1l responsibilities, ..........:.......:........................ 10.4 Conferences -- Right to an adjustment ...................................... 10.2 initially acceptable schedule;,,,,,......................... 2.9 Scope of change ....................................... 10.3.10.4 preconstmction, .................................................. 2.8 Claims-- Conflict. Error. Ambiguity. Discrepancy - against CONTRACTOR ...... ...... ................ ........ 6.16 CONTRACTOR to Report ......................... :2,5.3.3.2 against ENGINEER ......................... ...*........... 6.32 Construction, before starting by againstOWNER ......... ................................ .....:632 CONTRACTOR........................................... ............................................ Change of Contract Price ..... :..................... ::9A. 11.2 Construction Machinery, Equipment, etc,,,,,,,,.,,,,;,,,, 6.4 Change of Contract Timek........................_9.4, 12,1 Continuing the Work :..................................... 6.29, 10.4 CONfRACIORs............. 4. 7.1. 9.4, 9.5. 9.11. 10.2. Contract Documents- ................. .......... ILZ 11.9. 12.1, 13.9, 14.8, Amending .......................................................... 3.5 ............._............................. 15.1, 15.5. 17.3 Bonds ................. .................. .............. ....... .... .1 v1 E)CDC CENO AL &NUTIONS 1910.9(t99a EDITION) VI CITY OF FORT COLUNS MODMCATIONS (REV 9199) 0 P-j Cash Allowances, ..... ....... ........ 11.8 Article or Paragraph Number ,Change of Contract Prick , ................................... I I change of contract Times,,. _._._.... ......... I ............ 12 Changes in the.Woik ................................ 104-IM check and verify ..... ; ........ ......... --- 25 Clarifications and Interpretations, ............ ......... _3.2. 3.6. 9.4, 9.11 definition ........... .. .....1.10 ENGINFER as initial interpreter of...., ..... 9.11 ENGINEHR as OWNER's representative,,,,, .9.1 gCocraI3 - Insuraricc_ .... .............. ........................ ........... 5.3 intent -3.1--3.4 minor variations in the Work,:...........3.6 OWNER's respmsibilityto furnish data .... ...... _8 1 .3 OWNER's rosponsibility to make prompt payment .........................83, 14.4, 14!13 precedence, .......... ...................... 3A,'i.3.3 Record Documents Reference to Standards and Specifications of Technical Smicticit 3.3 Related Work .............. ; .... ................... ........ 7.2 Reporting and Resolving Discrepancies;,,,,,,, 2.5,3.3 Reuse of 3.7 Supplementing .................................................. 3.6 Temination of ENGrNEERs Employment.......... 8.2 Unit Prim Wort ........... ........................... .... 11.9 variations .......................................... 3.6, 6,23, 6.27 Visits to Site, ENGINEER'S.:,, ............... 1".. 9.j Contract Pficc- o4jusam ent of ............... 3.5, 4;1, 9.4, 10.3. 11.2-11.3 Changeof ...:...................:....:.............................I I Decision on Disputes ...... I .......... M ...................... 9-11 definition 1.11 Contract Times- adjustmerit of� ...... .................. 3.5,4.1, 9,4,10.3,12 Charge of ... ...... ....... ;_ ....... ....... j 2.1-12.4 Commencement of 2.3 definition of',,,: ...... ......... ............ ].12 CONTRACTOR- Acccpiahm of (itsurance................................... 5.14 Comm ' unications................. .................... 6.2.6.9.2 Continue Work ; ...... z:.i!i.29.104 coordination and scheduling_ .............4.2.2 definition o( ................................ ................. _j, 13 Limited Reliance on Technical Data Authorized .......................................... A.2.2 May Stop Work or Term iiiiii i...................._..... 15.5 provide site access to others,,,,,,,,,,,,,,,,,,,,,, 7.2,112 Safety and Protection,,,,,,,,,,;,,,,,,,, 43.L2; 6.16:618, 6.21-623, 7.2,13.2 Shop Drawing and Sample Review Prior tc, Submittal ........... ; ........................... 6.25 vu Stop Work requirements .................. .......... 4:5.2 CONTRACTOR!s- Article or paragraph Number Compensation ............................... ... ... _1 1A.1 L2 Contin�uing Obligation ... ...... ........... .............. 14.15 Defective Work,.:......,.. ........ :9.6,13.10-13.14 Duty to correct defective Work ..... ....... .......... Duty to Report-' Changes in the Work cowed by Emergency..,, ......... �-; .................. .... A23 Defects in Work of dLhffs .............................. 7.3 Differing conditions ..... .... L., ... 4- .............. -4.2.3 Discrepancy in Docurnents, ....... 2.5:3:3.2, 6.14.2 Underground Facilities not indicated.......... 4.3.2 Elmergenci . es� .. ................................. .......0.23 Equipment and Machinery Rcittitf,'(36st of the Work ......................................... J1.4.5.3 Fee --Cast Plus 11 4A6,11.5-1, 11.6 General Warranty and Guarantee ....................... 0.30 Flazard Communication Programs,,,,,_,,;,_,_ ....0.22 Indemnification ..................... - .0 1 Z 6.16. 6.31 -6,33 Inspection of the Work .......................... J.3. 13.4 Labor, Materials and Equipmcnl. .......... __ .... 0.3-6.5 Laws and Regulations, Compliance by,,,-,„_... 6)-4.1 Liability Insurance .............................................. 5.4 Notice of Intent to Appeal ........................ :9,10, 10.4 obligation to perform and complete theWork ...... .................... ........................ 0.30 Patent Fees and Royalties, paid for by ................. §. 12 Performance and Other Bonds 5.1 Pefinits, obtained and paid for by .......................0.13 Progress Schedule.................. ....... ;2.6. 2.8, 2.9, 6.6, ........................................ 6.29.10.4. 15.2.1 Request for formal decisionon disputes ............._9.71 Riesponsibilities- Changes in the Work__._.._ ............_......... 10.1 Concerning Subcontractors, Suppliers and Others ............................ 6.8,6.11 Continuing the Work„ ............ ........... 0.29,10A CONTRACTOR's expense ..... ........ ....... CONTRACTORs General Warranty and Guarantee ., ................................ .:_6.30 CONTRACTORs review prior to Shop Drawing or Sample submittal. , :- ...... -w6.25 . Coordination of Work,, ............ ............ , 69.2 Emergencies, ......... ............ .............. fi.23 ENGIN,EERs evaluation.Subsui�ics or'Or-Squal" itims.... 6.7.3 For Acts and Omissions of Others ,,,,,,,,..09 1-49 2, 9.13 for deductible sin ountsinsurimcc, .................. 5.9 general ..................... .................. 0. 7.2, 7.3, 8.9 Hazardous Cxisrimunicotion Proguams ............ 6.22 Indemn6ficaticr% .................................. 6.31 =6.33 EJCDC OENMAL COMMONS 1910.9 (1990 EDITION) W/ CITY OF FORT COLUM MODIRCATTOM OtEV 9/99) Labor, Materials and Equipment-, Laws and Regulations ............. ____:......:„6.14 Liability Insurance ........................................ 5.4 Article or Paragraph Number Notice of variation from Contract Documents_ ......................... ........ ....... 6.27 Patent Fees and Royalties,,;:6,12 Permits...:...................... _:...::...:..:....:......:6. 13 Progress Schedule. ........................................ 6.6 Rccord Docum eats. - .:6,19 related Work performed prior to IhNGINEER's approval of required submittals: ... ......... _ ..... __ ...... ......... __628 sate 'structuml loading.................................6.18 Safety and Protection .................... 6.20. 7.2. 13'2 Safety Representative.... ._..__.------- ..__...___,6,21 Scheduling the Work ,,,,,,,,,, ,,,,,,,6.9.2 Shop Drawings and Sempla5............ .......... 6.24 Shop Drawings and Samples Review by ENGINEER ................... ....... ........... 6.26 Site Cleanliness ........... ....:....:.... .... _,:--- ...:6.17 Submittal Procedures ................. .......... .... . 6.25 Substitute Construction Method% -� and Procedures .................................... 6.7.2 Substitutes and'Or-Equal' Items,: ;...., 6.7.1 Superintendence ........ ....... ......... ............... .... .6.2 Supervision............... _..... _.... _.....................6.1 Survival of Obligations................................6.34 Taxes........................................................:.6.15. Tests and Inspections ..... ................ 13.5 To Report .............. Use of Picmises6. 165:18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal........................................625 Right to adjustment for changes in the Worts,,,, 10.2 right to claim _„_...... . 4, 7.1, 9.4, 0.5, 9.11, 16.2,11.2, ,,.,,,,,,. 11.9, 12.1, 13.9, 14.8. 15.1, 155, 17.3 Safety and Protection ............. ....6:20-6.22, 7.2, 13.2 Safety Representative ....................................... 6.21 Shop Drawings and Samples Submittals... 624-6.28 Special Consultants .............................. .... .... 11A.4 Substitute Construction Methods and Proocdures,67 Substitutes and "Or -Equal' Items,. Expense ......... :........... I... I ....... ......... .7.1, 6.7.2 Subcontractors, Suppliers and Others:,,,,,,,,, 6.8-6. 11 Supervision and Supelintcndencc......... 6.1, 6.2, 6.21 Taxes, Payment by ....... ................................. ... 6,15 Use of Premises ...................._, 6.16-6.18 Warranties and guarantees .........................0.5. 6.30 Warranty of Title..............................................34.3 Written Notice Required -- CONTRACTOR stop Work or terminate....... 15.5 Reports of Differing Subsurface and Physical Conditions .............. :......... 4.2.3 Substantial Completion ................................ 14.8 viii CONTRACTORS -other........... Contractual Liability Insurance._,,,,;,. ....:.............. 5.4.10 Contractual Time Limits ........................................ 32.2 Article or Paragraph Number Coordination— CONERACTOR's responsibility ........................6.92 Copies of Documents ............................................... 2.2 Correction Period ............. :.................................... 13.12 Correction. Removal or Acceptance ofnefectAw Work-- in general ..............................._ 10.4.1, 13.10-13.14 Acceptance olDerective Work ..........................13.13 Correction or Removal of Defective Work ......... :.....:........... I ..... 6.30, 13.11 Correction Period ................................... . ...J3.12 OWNER May Correct DefechiveWork............. _13.14 OWNER May Stop Work : ,.,.,:. ..;.....-..13.10, Cast -- of Tests and Inspections.....................................13.4 Records 11.7 Cost of the Work -- Bonds and insurance, additional ........... ........] LU.9, Cash Discounts....:.........................................11.4.2 CONTRACTOR's Fee 11 A Employee Expenses......................................11.4.5.1 Exclusions to :................................................... 11.5 General11.4-11.5 Home office and overhead expenses ....................11.5 Losses and damages.....................................11.4.5.6 Materials and equipment..__,.._.......................11.4.2 Minor expenses ........................................... 11.4.5.8 Payroll costs on changes ................................. 11.4.1 performed by Subcontractors ..... ................ ...... 11.4.3. Records]].7 Rentals of construction equipment and machinery ...................................... 11.4.5.3 Royalty payments, permits and license fees..................................:.........11.4.5.3: Site office and temporary facilities ................11.4:52 Special Consultants, CONTRAOTOR's............ 11.4.4 Supplemental ............. .................... ......... ..... )1.45 Taxes related to the Work ...:......... ......... ....... k1.4.5.4 Tests and Inspection ......................................... 13.4 Trade Discounts ......:.:............_.................... . 11.4.2 Utilities, fuel and sanitary facilitiey.............. 11;4.5.7 Work after regular hours .................... _.......... 11 A.1 Covering Work .......... ........... ......................... 13.6-13.7 Cumulative Remedies ......... ............. ..._..... j7.4J7.5 ..... Cutting, fitting and patching .............. ....... 7.2 Data, to be furnished by OWNER ............................. R.3 Day -definition of................................................17.2 2 Decisions on Disputes, ........................... ....... 9.11, 9.12 defecritr--definition oC.__.__ ........................._..... 1.14 defective Work -- Acceptance of.......................................10.4.1. 13.13 UX'DC (6Nh'M dotbinONs i9t0-s (t990 EumON) wt OTY OF FORT COLLIM MODIFICATIONS (REV 9199) • 0 0 0 'Correction or Removal of","""„""","","_""","10.4.1, 1311 OWNER's Representative"",„""""",......_"""",",","",",-" 9.1 Correction Period .-,,..,;, 13.12 Payments to the CONTRACTOR -- in general......................................"„13, 14.7, 14.11 Responsibility for,,,,,,,,,,, 9.9' 14 ...................... _. Recommendatpn of Payment,,,,,.;,,,,,,,,,_„J-0.4, 1.413 Article or Paragraph Number` Observation byENGINEER................................ 9.2 OWNER May Stop Work........:.................:13.10 Prompt Notice of Defects,,,,," . . ... . ......:. „_"".13.1 Rejecting.......................:.:..............................._9.6 Uncovering.$e Workk....... .................... .........., 13.8 Definitions ..:.....:._.....:..:: ....................:...: .. .... 1 Delays ..................................... 4.1, 6..9, 12.3;12.4 Delivery of Bonds. _1 ...... __ ............................... a ...... 2.1 Delivery of certificates of insurance .........................."2.7 Determ inations for Unit ............. Prices ...I ............... . 9.10 Differing_ Subsurface or Physical Conditions- -Notice of._._....................................................4.2.3 ENGIMFER's Review ................................... i.2.4 Possible Contract Documents Change,,,,,,,,,,,,,, 4IZ5 Possible Price and Times Adjustment$;,..,.,,",,., 42.6 Discrepancies -Reporting and Resolving.: .....:......... 2 5,.3.3.2, 6,14.2 Dispute Resolution- Agreemcnt....... ..........................16 1-16.6 Arbitration 16.1-16.5 genem116 Mediation................................................ .......: 16.6 Dispute Resolution Agreement .......... ................16.I-16.6 Disputes, Decisions by ENGINEER ...................9-11-9.12 Documents-- Copies _ of _._............. ..:........................... ........ . 2.2 Record 6.19 Reuseof ......... ................................................... '.3.7 -Drawing"efinition of... ................. : ............... 1.15 Easements.............................................................4.1 Effective dais of Agreement -- definition qf............. J.16 Emergcncies......._..... ...:..........................1.1.......... .. 6.23 as initial interpreter on dispules ......... ....... 9.11-9.12 definition ol,,,,,,,,,,,,,,,,,,,,, "' L17 Limitations on authority and responsitic;5 bdi "....9.13 Replacement.. of ......... ............. .... ......... .2 Rcsidcnt Project Rcprescnmtivq,,,,..,,",,,,,"."„"„" „- ... 9:3 ENGINEER's Consultant -- definition of ..............1.18 ENGINEER's-- authority and responsibility, limitations on ........ 9. 13 Authorized Variations in the Walk .....................9.5 Change Orders, responsibility for....... 9.7. 10, 11. 12 Clarifications and Interpretations ..............16.3, 9.i Decisions. on Disputes .......; ,,,,,,,; 9.11-9.12 &y;,,tive Work, notice af.................................. 13A Evaluation of Substitute Items ..........................6.7.3 Liability...................................................6.32, 9.12 Notice Work is Acceptable ........................... ...14.13 Observations ........................................... 6.30.2, 9.2 Article or Paragraph Number Responsibilities --Limitations on .............. P. 11-9.13 Review of Reports on Differing Subsurface and Physical: Conditions,'...................._;,.4.24 Shop Drawings and Samples, review responsibility ........... .... ... ._,:...._ ........... ....... ._'6.26 Status During Coostruction-- authorizedd variations in the Work ,,,,,,,,,,,,,;"„"9.5 Clarifications and lnterpretationy ................ ":9.4 Decisions on Dispute;,,,,,,,,,,,,,,,,......... .. 9.11-9.12 Determinations on Unit Price ........ ....... ...... 9.10 ENGINEER as Initial Interpreter"___ 9.11-9.12 FNGINEER's Responsibilities,,,,,, .....9.1-9.12 Limitations an ENGINEER's Authority and Responsibilities,,,,,,......",,,"„.„ ....... :9.13 OWNER'S Representative ..-91 Project Representative I .,.... ..-;9.3 .Rejecting Detective Work ..................... ......... 9:6 Shop Drawings, Change Orders and Payments ................................... Visits to Site .................................................. 9.2 Unit. Price determinations ................................. 9.10 'Visits to Site......................................................,9.2 Written consent required .............................. :7.2, 9.1 Equipment, Labor, Materials and„......................6.3-6.5 Equipment rental, Cost of the. Work,"„""""""_,":""„11.4.5.3 Equivalent Materials and Equipment .......................:.6,7 error or om issicns..................................................0.33 Evidence of Financial Arrangements ....... ......... ...... .8:11 Explorations of physical conditions,,," ................ 4:2A " Fee, CONTRACTOR's-Costs Plus. ..... .................... 11.6 Field Order- definition of ....................................................: 1.19 'issuedby ENGINEER ....:.......... ..... ......:..... 3.6.1, 9.5. Final Application. for Payment ..........._.....:........... 14.12 Final Inspection ..........................: .......J4.11 Final Payment - and Acceptance."" .................................. 14A3-14.14 Prior to, for cash allowances„ „ , 11.8 General Provisions;;;;;17.3-17.4 General Requirements - definition of.....................................................1.20 principal references iq..............2.6. 6.4. 6.6-6:7, 6.24 Giving Notice ................................ 17.1 Guarantee of Work -by CONTRACTOR ....... :6 30 14.12. Hazard Communication Programs .................... ..... 6.22 Hazardous Waste - definition of ..................................................... 1.21 general.............................................................43 OWNER's responsibility for ...............:.............. 8,10 WCDC OENMAL CONDInoNs i9i o-E (i 990 Fix non w/ CITY OF FORT COLLMS MODIFICATIONS (REV 9/99) SECTION 00020 INVITATION TO BID 171 • Indemnification., ..... ......... ......... _ AZ 6.16, 6.31.6.33 Initially Acceptable Schedules...................................2.9 Inspection -- Certificates of,:.....;...9.13.4, 13.5. 14.12 Final...........................................................14.11 Article or Paragraph Number Special, required byENGINEER ........................9.6 Tests and Approval.............................$.7, 13.3-13.4 Insurance- Aceeptance of, by OWNER..,.,,;;_. ................. .....5.14 Additional, required by changes in the Work :......................................... 11.4.5.9 Before starting the Work .................................... 2.7 Bonds and --in general..........................................5 Cancellation Provisions................................... . 5.8 Certificates oC_2.7, 5,.5.3, 5.4.1L 5.4.13, .,, 5.6.5, 5.8, 5.14. 9,13.4. 14.12 completed operations.....................................5.4.13 CONTRACTOR's Liability..................................5.4 CONTRACTOR's objection to coverage,,,,,,,,,,,,, 5.14 Contractual Liability',,.,,,_.......................:._..:5.4. 10 deductible amounts, CONI'RACI'OR's. responsibility ................................................5.9 Final Application for Paymen.......................... 14.12 Licensed Insurers:..................:...........................5.3 Notice requirements, material changes,,,,,,, 5.$ 10.5 Option to Replace ............................................ 5.14 other special insurances„ ................................. 5.10 OWNER as fiduciary for insureds,,,,,,,,,,,,,, 5. 12-5.13 OWNER's Liability., .......................................... 5.5 OWNER's Responsibility ................................... 8.5 Partial Utilization, Property Insurance...............5.15 Property ...... .....--- ........ .............. .:.... ......... 5.6-5.10. Receipt and Application of Insurance Proceeds ..... ............ ............................. 5,12.5.13 Special Insurance...._ .... ................................. .5.10 Waiver of Rights .............................................. 5.11 Intent of Contract Documents..............................3.1-3.4 Interpretations and Clarifications ....................3.6.3, 9.4 Investigations orphysical conditions,,,,,,,, .....4.2 Labor, Materials and Equipment ..........,_..............6.3-6 5 Lands - and Easements .................................. ................. $.4 Availability of.._ ...... z .... ................... 4 ...... 1.1.8.4 Reports and Tests, .............................................. $.4 Laws andRegulatioits--Laws or Regulations -- Bonds........_._._ :.................................. _...5.1-5.2 Changes in the Work ...... ................. ................ 16.4 Contract Documents...........................................3.1 CON RACTOR's Responsibilities ............. ......6.14 Correction Period,defective Work..................13.12 Cost of the Work taxes ............................... 11.4.5:4 definition of................................................... J.22 gencral6.14 Indemnification.... _ .................................. 6.31-6.33 Insurance.......................................................... 5.3 Precedence: ... ...................... ........11, 3.3.3 Reference to....................................................3.3:1 Safety and Protection,,,,,,,,,,,,,, 6.20, 13.2 Subcontractors, Suppliers and Other;,,,,,,,,,, 6:8-6.11. Article or Paragraph Number Tests and Inspections, ................................. 13.5. Use of Premises ........ :....... ............. .......... .......... 0A 6 Visits to Site ....... ...... ................... _............. _._9.2 LiabilityInsurance-- CONf RACE OR's............................................... 5.4 OWNER's : 5.5 Licensed Sureties and Insurers„ ............................... - 5.3 - Liens-- Application for Progress Payment ......................14.2 CONTRACTOR's Warranty of Title .-„.,-- ....... ... 14:3 .Final Application for Payment„ ,-,,,,,,,_11.12 definition of 1.23 Waiver of Claims, I4.15 Limitations on LNGINEER's authority and responsibilities.............................1....................9.13 Limited Reliance by CONTRACTOR Authori zed ............................. :.......... 1............. 4.2.2 Maintenance and Operating Manuals - Final Application for Payment ..........................14.12 Manuals (of others)-- Precedence..:.................................................3.3.3.1 Reference to in Contract Documents..................33.1 Materials and equipment -- famished by CONTRACTOR ............................... 6.3 not incorporated in Work...................................14.2 Materials or equipment --equivalent ..........................0.7 Mediation (Optional)..............................................)6.7 Milestones --definition of ........................................ 1:24 Miscellaneous -- Computation of Times ......................... ............... 17.2 Cumulative Remedies ..:..................................... 17.4 Giving Notice....................................................17.1 Notice oTCltitm... .............. ................ ............ 17.3. Professional Fees and Court Costs Included ......... 775, Multi -prime contracts..............................................._� Not Shown or Indicated ................._..... 4.3.2 Notice of -- Acceptability of Project ................................... 14.13 Anard, definition o(......................................... 1.25 Claim............................................................J.7.3 Defects,13.1 - Differing Subsurface or Physical Conditions ..... ,A,2.3 Giving............................................................J.7.1 Tests and Inspections........................................13.3 Variation Shop Drowing and Samplf................. G 27 Notice to Proceed - definition o(..................................................... 1.26, giving of... ......... - -.7 ... ....... .. .. .:.- -- -2.3 EICDC OGNL AL CONDITIONS 1910-5(1990®InON) wi CITY OF FORT Counts MODIFICATIONS (REV 9199) i 0 Ll Notification to Surety ................ _... 10.5 Observations, by ENGMRR.__;; ,,,,,,,,6.30, 9.2 Occupancy of the Work .................... 5.15, 6.30.2.4, 14.10 Omissions or acts.by CONTRACTOR. ,,,.... ; 0.9, 9.13 Open Peril policy form, Insurance ..........:..:5.6.2 Option to Replace... ......... .:..:..........5. 14 Article or Paragraph Number 'Or Equal" Items ...................... ... ............................. 6:7 Other work 7 . Overtime Work --prohibition of .............. ..............._„ 6.3 OWNER.- _. ... Acceptance of defective Work...........................13.13 appoint'an ENGINEER ...................................... 8.2 as fiduciary ....... .......... ..........:................ ..5.12-5.13 Availability of Lands, responsibility„,,,,, _.......... 4.1 definition of ........... .._............. ,................... .._.1,27 data, furnish ... ___.. 8.3 May Correct Defective Work.............................13.14 May refuse to make paymen(......................_,... J4.7 May Stop the Work ....................................... _I3.10 May Suspend Work, Terminate:......._ ................... 13.10.15.1-15A :Payment, make prompt.,,,...„....„.„.„8.3, 14.4, 14,13 performance of other work.,., ............................. 7.1 permits end licenses, requiroment;..... ......... :;.... .0.13 purchased insurance requirements ... 5.6-5.10 OWNER's-- Acceptance of the Work ._....... .................... 6.30.2.5 Change Orders;obligation to execute ........ .J8.6,. 10A Communications................................................&I Coordination of the Work 7.4 Disputes, request for decision ............... ............ 9.11 Inspections, tests and approval@,,,,,,,,,,,,,8.7, 13.4 Liability Insurance,,,,,,,,,,,,,,,,_.„_......,,,; 5.5 Notice of Defects..............................................13.1 Representative•-Dtuiiig Construction, b-NGINEERs Status .... ........... 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material., . ............. 8.10 Change Orders,,,,,,,,,,,,,,,, - 8.6 Changes in the Work........., . _......................10.1 corn m unications.......:::,_.......:....::....:........:.. 8.1 CONTRACfORs responsibilities .................. 8.9 evidence of financial wrangemeni$8.11 inspections, tests and approvals,,,,,,,,,,,,,,,,, ,:8.7 insurance. ............... :.............. ..:...................... 8.5 lands and easements ...................... . '.8.4 prompt payment by ........ ............. 8.3 replacement of ENGINEER.,,,,,, ;,::8.2 reports and tests ............ ....... ......... ................ &A .stop or suspend Work,,,,,,;;,,,,,,,,,, g1l, 13.10,.15.1 terminate CONTRACTORS services_ ....::...:...:...............::......... 8:8.15.2 separate representative at site..............................9.3 testing, independent, ............................... .... ... 13.4 use or occupancy of the Work,,,,,,,,,,,,,,,,,,,,,,,,,5.15. 6.30.2.4, 14.10 written consent or appioval required .................. ........_.;9A,.6.3. I L4 WCDC OENEUL CONDRION31910.8 (1990 EDITION) w7 CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Article or Paragraph Number Number written notice required., .... ............... :7.1. 9A. 9.11, .......... L2, 11.9� 14.7. 154 PCBs-- definition of ....... 1 29 general................. ......... ....................... 4.5 OWNER!s responsibility for . ..................... ...... 8.10 Partial Utilization - definition of ...... ..... 1.28 general 6.30,2.4. 14.10 Property Insurance. ......... 1. ......... .......5.15 Patent Fees and Royalties,,,,,, „ .... „ .. , ..._ ... 6,12 Payment Bonds ........ p ...... ................ Payments, Recommendation of ........ ..... 14.4-14.7, 14-13 Payments to CONTRACTOR and Completion- Applicaiion for ProgressPayments ........ I .... I ... .... 114.2 CONTRACI ORs.Warranty, of Title .... .... " 14J Final Application for Payment ...... ............. __)4.12 Fibal Inspection _;........................................... 14.11 Final Payment and Acceptance,,,,,, .... ... 14.13-14. 14 general.............. ............................. ......... .J_3, 14 Partial Utilizatiort-, .......14.10 Retainage ............................. ............................ 14.2 Review of Applications for Progress Payments ..................... 144-14,7 ,prompt payment .................................................. 0.3 Schedule of Values .......................................... 14.1 Substantial Completion._.... _. _ ............. l4.8-14.9 Waiver of Claims ........................................ 14.15 when payrn ents due ................................ 14.4,14,13 withholding payment * _,_ __ ........... ...)4.7 Performance Bonds ....... * ........... ........ - ........ .... i5.1-5.2 Permits..................... I ...................................... 0.13 Petroleum:-.. definition ol�.. ....... ..................... ...... .......... J-30 general.......................... ...... ..., ........................ 4.5 OWNER!s responsibility for,,,,,,,, ...___ ............. 8.10 Physical Conditions -- Drawings of, in a relating to....._ ...... ..... 421J ENGINEER's review.,,, ........................... 4.14 existing structureq ........................................... 4Z2 general 4,2.11.2... ................. ....... ............ Notice of Differing Subsurface or,;,..,, „ „ .... 4.2.3 Possible Contract Documents Change,. „4.2.5 Possible Prim and Times Adjustments ....... .....4.2.6 Reports and Drawings : ...... ............................ _4.2.1 Subsurface and ............. ....... __ ..... . ................. 4,2 Subsurface Conditions_.........._.._......__,_.,, Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 lerground Facilities -- general......................................... ............... 4.3 Not Shown or Indicated ..............................4.3.2 Protection of ........................... ............ 4.3. 6:20 She," or Indicated... ........... _, .... ...... ....... .... :4.3.1 Technical Data... .................. ......................... :4.2.2 Precoristruction Ccmfercnci ........... ......... __ ......... Preliminary Matters, ... ................. ........... ... .. _2 Pielim inary Schcdulis .............................................. 2k Premises, Use of....... ..... .................... Price. Change of Contract,,,,, ....... Price , Contract--dermition of .... .... ...................... Progress payment, Applications for.,* .... 1.1'.....1- .....14.2 Progress Payment-l-retainage ........ :_ ............. ____,141 Progress schedule, CONTRACTORS ...........2.6, 2.8, 2.9, ........ 41 .... .... ; .... 6.6, 6.29, 10.4,15.2.1 Project --definition of ...... ............. ........................ . i.31 Project Representative-- ENGINETRs Status During Construction........ ... 9.3 Project Represcruative, Residcra--cictinition of....._ L33 prompt payment by OWNER .......................... E .......... 8.3 Property In%urance-- Additional ............................................... j3 genera15.6-510 Partial Utilization ........ .5.15, 14.10.2 receipt and application of PTMcedq ............ 5.12-5,13 Protection, Safety and,-, ............. ............ fi.20-6.21, 13.2 Punchlist ..........................................................*11 Radioactive Nbtcrial deflation of ...... _ ............ ............. .......... ....... 1.32 gtneral4.5 OWNER's responsibility for ............... .............. ?A0 Recommendation of Payment ................. 14.4, 14: 5, 14.13 Record Documents.. ........... 6,19,14,12 Records, procedures for mairitainirig_ ....................... 2.8 Reference Points ....................... ___ ........................ 4.4 Reference to Standards and Specifications of Technical SmIctleg ........ : ............ ........ Regulations, Laws and (or)_ ................................... 6,14 Rejecting Defective Work ........ .............. 9,6 Related Work— at Site ...... ................ __:_ -.7.14.3 Performed prior to Shop Drawings 'and Samples submittals review * .............A28 Remedies, emulative.,,., ... ........ . - ........ 1.117.4,17.5 Removal or Correction ofDofectAv Work ....... 13.11 rental agrecat cats, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER, byOWNER ..... ...... 1_ ...... 9.2 Reporting and Resolving Discrepancies ... ............................ 2.5, 3.32, 614.2 Reports, and Drawings ..... __ ........ ........... � 4.11 and Tests. OWNERS responsibility: ...............X.4 Resident and Project Representative -- definition of, ............... 1_ ..... ; .......................... 13,33 provisionfor .................... ....................................... :?.3 EtcDc mNERAL coNuTioNs into-s o990 EDinox) wi aTy of FopT coi.Lm mowiwms (REv91") I* 17J 0 0 Article of Paragraph Number Resident Superintendent, CONTRACTOR* ......... ...... 6.2 Responsibilities- CONTRACTORs-in general .................................. 6 ENGINEERs-in general ............................ : ..... I. --9 Limitations on OVINERs-in general ......... ......... Retainage....... ................... ........................ ....... 14.2 Reuse of Documents � ...... ... : ....... ................ ... 3.7 Reviewhy CONTRAC I TOR; Shop Drawings ,and Samples Prim to Submittal ........................ :0.25 )Zeview,of Applications for ProgressProcis Pa , I )ncntq ............ .......... ......... 14.4-14.7 Right to an adjustment._ .. ..... I ... -, ................... - --- J0.2 Rightsof Way .......... _ .............. ............................... 4.1 Royalties, Patent FC6 =0 ...................................... :6.12 Safe Structural Loading ..... .................. .............. 0,18 'Safely-- - - - and Protection,;,,.. ........... ........... 4.3.2. 6.16, 6.1k ...... ........... 6.20-6.21. 7.2. 13.2 general .. .. ............................................... 6,20-6.23 Rcprcsentative,*CONTRACTOlVs.., ............ ;..: .... 6.21 Samplm- definition of ............... ........ .......... ............. 1.34 general ........................................ ............ 0.24-6.2.8 *Review by CONTRACTOR ............... ................ 6.25 Review by ENGINEER... ........................... 0.26,6.27 related Work submittal of ............................................ 6.24.2 submittal procedure:i ..........................................6.25 Schedule of progress ............................. 2,6. 2.8-2.9, 6.6, ...... ................. .6.29.10.4. 15.2.1 SchrAulc of Shop Drawing and Sample Submittals„ ........................... :2.6. 2.8-2.9, 6.24-6,28 Schedule of Valucis ...... ... .............. ...-2.6, 2,8 -2.9,14.1 Schedules -- Adherence to,.; 15.2.1 Adjusting........................................... ............... §.6 Change of Contract Time}„ ...;_ __ .................. 10.4 Initially Acceptable .............. ............. ......... 2.8, 2.9 Preliminary...... _............................... _ ....... _..q6 Scope of Changes ...................................... 10.3-10.4 Subsurface Conditions,_: ....: : ............ .................. 4.2.1.1 Shop.Drawings- and Samples, general ................................. 6.24-6.28 Change Orders 8-, Applications for Payments, and .............. ........................ 9.7-9.9 definition of ......................................................1.35 ENGINEER's approval of ................................. 16.2 ENGINERRiyeipcinsibility i:er review . .................................... 9.7, 6,24-6.28 related Work 6.28 review procedures,,,,,,;,,,,,,,,,,,,,,,,,,,,,,, . 2.8,6.24-6.28 Article or Paragraph Number submittal. submittal required.-:.........................................._ 6.24.1 S4mitml Prmdurei ................. , :t 6.25 use to approve so titutimi ........ ......... ..... .. 6.73 Sh own or Indicated , ............................................... 4,3,1 Sitc'Accais.-�-�- .... I ... 11- ....... I ... - ............ ..... 7.2, 13.2 Site Cleanliness .......................................... ... 617 Site, Visits to - by ENGINEER ........................................... 9.2.13.2 by others.... ...... ..... I - ......................... - :33.2 *cciil causes Wfoss"-p,04icy form, insurance* ...................................... ............. ... 5.6.2 definition of . .................................................. J.36 Specifications- defination of ...... :: ............................ ........ 1,36 of Technical Sociciies, reference to 3.3.1 precedence ..................... ; .................. Standards and, Specifications of Technical Societies 3.3 ,Starting Construction, Before ................ .......... 2.5-2.8 Starting the Work .................................. _. A Stop or Suspend Work - by CONTRACTOR ............................................ 15.5 by OWNER ........... ............ ............. 818, 13.10,15.1 Storage of materials and equipment ......... - ....... _ 4.1. 7.2 Structural Loading, Safety ........................................ 6.18 Subcoriumotor- Concerning ............................................... 6.8-6 'I I definition of....................................................1.37 delays.......... ......................... ......... ... _ ... 12.3 waiver of rights ................................................ 6.11 Subcontracturs-in general;,,,,,.,,,„..................... 6.8-6.11 Subcontracts -required provisior* ... 5.11. & 11, 11 A3 Subm ittals- Applications for Payment, ................................. 14,2 Maintenance and Operation Manuals___ .. .... 14.12 Procedures Progress Schedules,,,,, , „ ,,; ,,,,,,,,,....... ,2.6, 2.9 Samples ................... . ... . . .. ...... Schedule of Values,,,,,,,; : 2.6,14.1 Schedule of Shop Drawings and Samples . Submissions .......................... -- ...... 2.6, 2.8<2.9 Shop Drawings ........................................ 5.24-6.28 Substantial Completion -- certification o(: 5.36.2.3,-14.8-14.9 definition cif.....................................................1.38 Substitute Construction Methods or Procedures....... 16.7.2 Substitutes and "Or Squad" Items...,._.__.,,..,_..______ 6.7 CONTRACTOR' s Expense ................... ........0.7.1.3 ENGINEEk's Evaluation -6 7 3 "Or-Equal".............................I ........ ....... Substitute Construction Methods RJCDC GENERAL CONDITIONS 1910-8 (IM 11DIMINi wt CRY Of FORT COLLINS MODIFICATIONS (REV 9" Article or Paragraph Number or Procedures ............................................. 6.7.2 Substitute Items ' 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatng to ....... ................. .2.1.2 ENGINEER's Review ....................................... 4.2.4 general....: ..........................:.:.................... I.......4.2 Limited Reliance by CONTRACTOR Authorized..>.._:_:....._...............:....:...:...:1.2.2 Notice of Differing Subsurface or Physical Conditions ......................................... 4.2.3 Physical Conditions ...................................... 4.2.1:2 Possible Contract Documents Changq............... 4.2.5 Possible Price and Times Adjustments ...............4.2.6 Reports and Drawings __.... .... -_...................4.2.1 .-.. Subsurface and ................................................... 4.2 Subsurface Conditions at the Site...................4.2:1.1 Technical Data, ......... I ...................................... 4.2.2 Supervision -- CONTRACTORS responsibility....... _.............. .....G• I OWNER shall not supervise ................................ 8.9 ENGINEER shall nctsupervis4................ 9.2, 9.13.2 Superintendence.......................................................�-2 Superintendent, CONTRACTOR's resident..............6.2 Supplemental costs .............................................. 11.4.5 Supplementary Conditions — definition of.....................................................).39 principal references IQ .................).10, 1.1 S. 2.2,"2:7. ..................... :. 0, 43, 5.1, 5.3, 5.4, 5.6-5.9, „.............. 5.11, 6.8. 6.13, 7.4, 9.11, 9.3, 9.10 Supplementing Contract Document$........................ 3.6 Supplier -- definition of.....................................................).40 principal references to ........... 33. 6:5. 6.8-6.11,.6.20, ................_......_-............... 6.24, 9,13, 14.12 Waiver of Rights...............................................6.11 Surety — consent tofront payment ....................... j4.12, 14A4 ENGINEER has no duty tq....................... :........ 9.13 Notification of ................................. 10.1. 10.5, 15.2 qualification of... .......... ................................5. 1-5,3 Survival of Obligations...........................................6.34 Suspend Work OWNER May,,,,,,,,,,,,,,,,,,,,,,, 13.10, 15.1 Suspension of Work and Termination -,,,,,,,,,,,,,,,,,,,,„15 CONTRACTOR May Stop Work or Terminate..............................................15.5 OWNER May Suspend Work. . ........................... 15.1 OWNER May Terminate .... ............. ............ 15.2-15.4 Taxes -Payment by CONTRACTOR ........................0.15 Technical Data -- Limited Reliance by CONTRACTOR ................ 4.2.2 Possible Prim,and Times Adjustments ............. 4.2.6 Reports of Differing Subsurface and Physical Conditions....................................4.2.3 xiv Temporary construction facilities............................... .1 Article or Paragraph Number Termination-- by.COMI;RACTOR......................................._ J55 by OWNER ........... ............................ :8:8, 15.1-j5.4 of ENGINEER's employment ...............................$:2 Suspension of Work-in general .......... ....... ...... ..... 15 Terms and Adjectives........................................:.....jA Tests and Inspections -- Access to the Work, by others,,,,,;,,,,;,,,; .13.2 CONTRACTOR's responsibilities 13.5 cost of 13.4 covering Work prior tq........................._...13.6-13.7 Laws and Regulations(or).............................„ 13.5 Notice of Defms,................................_._.._....13.1 .,OWNER May Stop Work ....................... .......... 13.10 -OWNER's independent testing .......................... 13.4 special, required by ENGINEER ......................... 9.6 timely notice required ....................................... 13A Uncovering the Work, at ENGINEER's request........... .................................. _:,13.8-13.9 Times-. Adjusting...........................................................6.6 Change of Contract ............................................ 12 Computation of ........................ ................... .... ,17.2 Contract Times --definition of ...........................1.12 day.........................................................17.2.2 Milestones..........................................................12 Requirements -- appeals................................................. 9.10, 16 clarifications, claims and disputes..................9.11, 11.2, 12 Commencement of Contract Times,,,,,,,,,,,,,,,2.3 Reconstruction Conference...........................$.8.. schedules ......................................... 2.6, 2:9, 6.6 Starting the Work ....................................'... 2A Title, Warranty of...................................................143 Uncovering Work ............................................ 13.8-13.9 Underground Facilities, Physical Conditions — definition of.....................................................1.41 Not Shown v Indicated ................................... 4.3.2 protection of .................................... .......... 4.3, 6.20 Shown or Indicated.........................................4.3.1 Unit Price Work— claims......................................................... 1.1.9.3 definition of .................................................... 1.42 generall 1.9, 14.1. 14.5 Unit Priors-- general11.3.1 Determination for ............................................ 9.10 Use of Premises ................................ 6.16, 6.18, 6.30.2.4 Utility owners.............................6:13, 6.20, 7.1-7.3, 13.2 Utilization, Partial ...... ....._...... 1.28. 5,15.6.30.2.4, 14.10 Value of the Work..................................................11.3 Values, Schedule of... .................. .......2.6. 2.8-2.9, 14.1 E)CDC OLMRAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) i E -I LJ 9 • 0 Variations in Work --Minor Authorized ... :..:......... --- ................ 6,25, 6,27, 9.5 Article or paragraph Number Visits to Site --by ENGINEER, ........................... 9.2 Waiver of Claims --on Final payment ..................... 14.15 Waiver of Rights by insured particg..................5.11. 6.11 Warranty and Guarantee, General --by CONTRACTOR........:.......................................0.30 Warranty of Title, CONTRACTOR's,,,;,,,,,,,,,,,,,,,,,,,;14.3 work -- Accessto_ ................__................................... 13.2 byothers ............................................................... 7 Changes in the.....................................................10 Continuing the..................................................0.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of...... Cost of the .................................................)1.4-11.5 definition of .......................... .43 neglected byCONTOR.... ................1 .................... l3.14 other Work, ...................... ..................................... 7 OWNER May Stop Work _._ ....:..............I........ 13.10 OWNER May Suspend Work...................)3.10, 15.1 Related, Work at Sitc..................................... 7.1.7:3 Startingthe,, ......................................................2.4 Stopping by CONTRACTOR.............................15.5 Stopping by OWNER ... ................... .— ....... 15.1-15.4 Variation and deviation authorized, minof........... 3.6 Work Change Directive — claims pursuant to.............................................10.2 definition of ..................................................... 1.44 principal references tq......................3.5.3. 10.1-10.2 Written Amendment — definition of ..............................................:...... 1.45 principal references tq.............. 1.10, 3.5, 5.10,15.12, .........................04.2, 6.8.2, 6.19, 10.1, 10.4, ............_...._....__ 11.2, 12.1, 13.12.2, 14.7:2 Written Clarifications and Interpretations,,,,,,....7...... ................ 3.6.3. 9.4, 9.11 Written Notice Required — by CONTRACTOR............................7.1. 9.10-9.1 l,. ........................................... 10.4. 11.2. 12.1 hY QWNfiR.................... 9._10-9.11, 10.4, 11.2, 1114 zv EJCOC GENERAL CONDI ]IONS 1910.8 (1990 ED1110M wJ OTY OF FORT COLLINS MODIFICATIONS (REV lit") (This page left blank intentionally) xvi E1CDC OENEEAL CONDITIONS 1910-9 (1990 EDITION) .1 CITY OF FORT COLLINS MODIFICATIONS (REV 9l99) 11 • 0 • GENERAL CONDITIONS same are more specifrcally'identified in • 0 ARTICLE 1-DEFINITIONS Whereverused in these General. Conditions or the other 'Contract Documents the following terms have the mcanuigs indicated 'which are applicable :to both the '.aungrtlar and plural thereof: 1.1. Addenda -Written or graphic instruments issued prior to the operurg clarify, of Bids which correct -or change :the Biddirtg. Requirements or the Contract Documents 1.2. Aggreement-The written contract between OWNER mid CONTRACTOR eovering'the Work to be performed: other Contract Documents arc.auachedto the Agreement .and made a part thereof as provided therein: 13. APyIication for Payment -The form accepted by ENGINh"ER which is to be used by CONTRACTOR in requesting progress or final payments and which is to he accompanied by such supporting documentationas is required by the Contract Documents, 1.4. Asbesios--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 Oompitioml Safety 'and Health Administration. 1.5. .. Bid -The offer or proposal of the bidder submitted on the prescribed fort settingforth the. prices for the Work to be performed. 1.6: Biddrrrp DocrnireiMvs The advertisement or invitation to Bud, iiiswetions to bidders, the Bid form, and the proposed Contract, Dacuments'(htcluding all Addenda issuedprior to receipt of Bids). 1.7. Bidding. Requirements -The advertisement or invitation to Bid.'unsnuctions to bidders, and the.Bid form. 1.8. Bonds-Perfommr and Payment bonds and other instruments of security. 1.9. (mange :Under -A :document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work; or an adjustment inthe Connect Pricaor the Contract Tinres, issued on or;atter the ETfccWe Date of the Ageement, . 1.10. -Contract Donimems-The Agreement,; Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (includang docurnomatiwr accompanying the Bid and any post Bid documentation submitted. prior to the Notice of Award) when attach6d as an.c�diibitt0 the Agreement, the Notice to Proceed, the Bonds, these General Coalitions. the Supplementary Conditions, the Specification and the Drawings as the EICDCOINEkP1 COMMONS 1910-8 (1990 Utica) w/ CITY OF FORT COI.IJ Id MODIR CATIONS (REV 412000) paragra*3,5, 36.1 and 3.6:3 on or after the Effective Date of the, Agreement Shop Drawing submittals approved pursuaN to paragrapls.626 and 627.and.the reports and drawings referred to in paragraphs 4.2.1 and 4.2 2 are not Contract Documents. 1.11. Contract Price -The moneys payable by OWNER to CONTRACTOR for completion of the Work in accorance with the Contract Documents as suited in the Agreement (subject to the provisions of paragraph 11 9.I in the case of Unit Price Wort:). 1,12. Contract Times -The numbers of days or the dates stated in the Agreement, () in achieve Substantial Completion, and (i)to complete the Work so that: it is ready for final payment as evidenced by hNGINEER's written recornmendation of finial payment in accordance with'renigmph 14.13. 1.13. CONIRACIYJR--The person firm orcorpomtion with whom OWNER has entered into the Agreenrent 1.14. defective -An adjective which when modifying the word Work refers to Work that is unsatisfactory,: faulty or deficient in that it does not conform to the Contract Docurncns; or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract.Documcros,. w has been damaged prior to ENGINEER's recommendation of 6rml payment (unless responsibility for the, protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14,10). 1.15. Drauvings-•The drawings which show .the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER andare referred to in the Contract Documents. Shop drawings arc not Drawings as so defined 1.16. Effective Dote of Ow Agreement -The date indicated in the Ageement'on which it becomes effective, but if no such date is indicated'it means the date on which the Ageement:is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER -TIC person,. firm or corporation .named as such in the Agreanerrt. 1.18. ENGINEER'S Consullanf--A person .firm , or corporation having contract with ENGINEER to famish service as lNGMER's independent professional associate or'conwhant with respect to the Project and who is identified as such in the Supplementary Conditioma- 1.19. Field Order -A written order issued by ENGINEER which orders minor changes in the Work in accordance with parapapphh 9.5'but which does not involve a change in the CortractiVnee or the Contract Times. 1.20. General Requirements —Sections of Division 1 of :the Specifications. 121. Hazardous Waste —The tens Hazardous Waste shall have themeaningprovided in Section 1004 of the Solid West'c Disp&al, AU (42 USC Section 6903) as amended, from time to time. 1.22.9. Lmvs mid Regulations; Laws or Regulations --Any and all applicable laws, riles, regulations, ordirelces, codes and orders of any end all governmental bodies, agencies, authorities and courts hi vi gjurisdetion I?2.b. Legal Holidms-shall be those holidays observed by the Or%, of For Collins. 1,23. Liens —Liens, charges, security interests or cricumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Canpletmri of all the Work. 1.25. Notice ofAward—A written notice. by OWNER to .the apparent. successful bidder stating that upon compliance by the apparent successful bidder with the conditions ,precedent enumerated themin, within the time specified,. OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to MGMEER) fixing the -date on which the Contract Times will commence to run and on which CONI'RACTORshsll start to perform CONTRACTOR'S obligations:. under the Contract Documents. 1,27, OWNER —The public body or authority, corporation, association, firm or persun with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which itis intended (or a related purpose) prior to Substantial Completion of all the W6rk- 1.29. PCBs —Polychlorinated biphenyl%. 130. Petroleran--Petroleum. including crude oil or any friction thereof which is liquid at standard conditions of ternpemt�re end pressure (60 degrees Fahrenheit end 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse gasoline, kerosene and oitmmxed with other non-l-Iaeartlous Wastes end chide uils 1.31; Project —The total constnnclion of which the Work to be provided under the Contract Documents may be the whole; or apart as indicated elsewhere intheContract Documents. 1.32.a, Radioactive blalerial—Sauce, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDCOENFRAL CONDITIONS 19104 (1990 Edition) w uTY OF FORT COLLINs momriCATIONs (REV 4Q000) 1954 (42 USC Section 2011 a seq.) as amended from time to time- 132.b. Rgeuilar Workat¢. Hours—Remular working hours are defined as T00am to &00om unless otherwise specified in the General Requirements. 1.33. Resident Project Repmsentative—The authorized representative of ENGINEER who may be essigxd to the site or any part IhaaE 1.34. Srmiples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Strop Dni <ings—All dmwings; diagrams, illustrations. schedules `and other data or information which arc specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate sortie portion of the Work, 1.36. Speciftafionr—Those portions of the Contract Documents consisting of written technical demn ions of materials, equipment; construction systems, rds and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct eommus with CONTRACTORor with any other Subcontractor for the perfomtimce of a part of the Work at the site 1.38. Substantial Completion —The Work (or a specified pan thereo has progressed to the point where, in the opinion b ENGINEER as evidenced by ENGINEEWs definitive certificate of SubstmItiat Completion it is sufficiently complete, in accordam;e with the Cmuaa Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of fuel payment in aaadance with paragraph 14.13. The teams substantially complete" and 'substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementm), Conditions —The part of the Contract Documents which amends or: supplements these General Conditions, 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Urulergrormd Facilities —Alp pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks; tunnels or other such facilities or attachments, and arerczsentents containing such facilities which have been ustalled underground to furnish any of the following services or C� • • 'city. Matti al elea gases. steam, li9uid petroleum if a Notice to Proceed is given. on the day indicated in the ,products,. telephone err other .cimimumauons, cable. Notice to Proceed. A Notice to Proceed may be given at 'television, sewage end drainage removal, UaRc •or other any time within thirty days after the Effective Date of the iuntrof systems or water. - Agreement •' ' SIN 1-1-F than th 1.42. that Price Work —Work to be paid for on the basis ot-Bid-opening err-tlto-thir8etfi-day-efler-tM-kitrcoit, 4;ete of unit prices. Of-t}ICAgreRllBil, WhIC}MY[FdaEei9eartier: IA3. Work--The-entire completed construction or the Starting the Work: various separately identifiable pests -thereof required to be furnished under the Can6act Documents Work includes 2A. CONTRACTOR shall start: to perform the Work and is 0te result oC performing or Curtiislnung labor 'end on the date when the Contract Tunes commence, to run, -Curnistin- and in�orp on materials and equipment into Fiuf no Work shell be dome at site prior m the orate m the construction,,and performing or Lumislung services and which the Contract Times commence to run 'fumisliing doaiments, all as`requiied try the Contrecf Documents. Before Starting Conmridioni 1.44, trork Charge Directive —A -written directive to 25. Before undertaking each part' of the Work, CONTRACTOR, issued on or after the Effective !Date of CONTRACTOR -shall carefully study and compare the the Agreement and signed byOWNER and recommended Contract Documents and chcd:.and verify pertinent by ENGINEER ogknng anaddition, delefion'or revision figures shown thereon and all applicable field in .theWork,.or responding to ditferirtg or unforeseen measurements . CONTRACTOR shall piomptly'ieport in physical conditionsunderwhich the Work is to be performed as provided in pampraph 4.2 or 4.3 or to writing to ENGINEER arty conflict, mot, ambiguity or discrepancy which CONTRACTOR may discover and emergencies underparagraph 6.23. A Work Change stall obtain a written interpretation or clarification from will DiraIive will not change the Contact Price or the Contrail ENGINEER .before proceeding with any Work affected Times, tois cvidcnce that the Patti es cep""act, that the thereby; however, CONTRACTOR shall not be liable to change or docunnented ty o Work Change OWNER or ENGINEER for failure to report any coriflict, •Dgeenve wdl be utcorporated in a subsequently issued -Change'Ord:r error, ambiguity or discrepancy in the Contract following negotiations 6y the parties >u m its IbcuntcnLs, unicss CONTRACTOR knew or reasonably effect, ifany, on the Contract Price ar Contract Times as should have known thereof. provided in paragraph 10.2. 2.6. Within ten days after the Effective Date of the 1.45. Written, Amendment —A written amendment of the Agreement (unless otherwise specified in the General Contract Documents, signed by OWNER and Requirements), CONTRACTOR shall submit to CONTRACTOR on:or after. the Effective Date of the ENGINEER for review: Agreement and normally dealing with the noncngincering . • or nomahnial rather than strictly conviction -related 2.6.L a prelimnay progress schedule indicating aspects of the Contract Documents. the times (numbers of days or dates) for starting and completing the various stages of the Work, including .. myMilestones specified in the Contract Docunnzrts; .ARTICLE 2—PRELIMINARY MATTERS 2.6.2. a preliminary schedule of Shop Drawing and - 'Sample submittals -which will' list 'each required submittal and the times for submitting, reviewing and Delivery ofBotuiv procesing such submittal; ' -2.1. When CONTRACTOR delivers the executed 2621 In no case will a schedule be Agreements to OWNER CONTRACTOR shall also acceptable which allmvs less than 21 calendar deliver to OWNER such Bonds as CONTRACTOR may days for each review by Engineer. be required to furnish in accordance with paragraph 5.1. 2.6.3. A preliminary schedule of values for all of Copies of Damn,entr the Work which will include quantities and prices of items aggregating :the Contract Price and will 2.2. OWNER shall furnish to CONTRACTOR up to ten subdivide the Work into component pans in suft-mient copies (unless othiiwise specified in the Supplementary Acted to. serve as the basis.. far progress pniyments Conditions) of the Contract Documents as are reasonably during iinnstnnoien. Such prices will include an necessary for the execution of the Work. Additional copies appropriate amount of overhead and profit applimble will be furnished, upon request, at the cost of reproduction to each item of Work. Commencement of Contract Timer Notice to Proceed, 2-7. Before any Work at the site is started. CONTRACTOR and-CM916R,shall enih deliver to the 2.3. The Contract Times will commence to run on the eii a OWNE with copies to additional insared .thirtieth day after the Effective Dateofthe Agreement, or, ident....... ..r. •a^ a ^^lemenury Ganaitions, ENGINE[R. VCDCOENERN. CONDIM6N51910-8 (1990 E,v, dplci-m��) wf CITy OF FORT COLLt145 MODIFICATIONS y412000) Is n LJ SECTION 00020 INVITATION TO BID Date: June 12. 2014 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on July 3, 2014, for the Block 32 Deconstruction/Distmantle; BID NO. 7660. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 7660. The Work consists of the deconstruction and dismantle of Block 32 commercial property structures and foundations along with associated outbuildings located at Block 32 (212 LaPorte Ave, 230 LaPorte Ave and 208 Howes), Fort Collins, CO 80524, as per the attached specifications and contract documents. Asbestos abatement for these buildings will be completed prior to deconstruction work. All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. The City encourages all disadvantaged business enterprises to submit bid in response to all • invitations and will not be discriminated against on the grounds of race, color, national origin. A prebid conference and job walk with representatives of prospective Bidders will be held at 2:00 PM, on June 24, in the Training Room of the Operation Services Building located at 300 Laporte Ave, Building B, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Questions will be accepted after the prebid until end of business on Friday, June 27, 2014. These questions must be submitted in writing via email to John Stephen at jstephen@fcgov.com. The Contract Documents and Construction Drawings may be examined online at: City of Fort Collins BuySpeed: https://www.fcgov.com/eprocurement Bids will be received as set forth in the Bidding Documents The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. certificates of insurance (and other evidence of insurance Forestle uucsted by :OWNERy which CONTRALTO -and-9l�?-respaafi!= re is ruryrred to purchase and maintain ineccon�nce with pamgmphs 5.4; 5:band 5:7. Preconsrraclion Conference: 2.8. Within twenty days after the Conimd Times start to run, but before any Work at the site is started a conference attended by CONTRACTOR ENGINEER and others as apprtate will be held to establish a working understariding among the parties as to the Work and to discuss the schedules referred to in psmgmph2.6, procedures for handling Shop Drawings and other submittals procesinR Applii"suons for Payment and laidally Accepmble Scheduler' 29. Unless otherwise provided in the attended by the schedules submitted in accordance with n utd smau nave an act and adjustments and to .CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as frovidgg an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or'p'ogress of the Work nor inwrferc with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACfOR's schedule of Shop Drawing and Sample submissions will be acceptable to BNGINEER as providing a workable arrangement for reviewing and - processing the required submittals' CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. .ARTICLE 3--CONTRAC17 DOCUMENTS: INTENT, AMENDING, REUSE Intent 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents we complementary; what is called for by one is as binding as if called fa by all. The Contract Doamnents will be cortsbued in accordance with the law of the place of the project. 3.2. It is the intent of the Contract Documents to VCDCUENLIN. CONDITIONS 191M 0990 Edition) w10TY OF FORT C01,11M MODRICATIONs tREV 4R000) describe a functionally complete project (or pan therwo to be constructed in accordance with the Ccntrwt Documents. Any. Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade'usage as being required to produce the intended result will be famished and performed whether or not specifically called for. When words or phrases which have a well-known technical or comtruction industry or trade meaning are used to describe Work, materials or equipment; such words or phrases shall be interpreted in accordance with Abet meaning. Clarifications and interpretations of the Ccntreel Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies Reporting and Rewhing Diacrepanclu: 3.3.1. Reference to stiwn, of to the Laws a Regulations of any mtal authority,. whether each reference be or by "implication: shall mean the latest specification, manual, code or laws. or on the Effective Dam of the Agreement no Bids), except as may be otherwise stated in the Contract Documents. 3.3.2. If; during the perfamtanoe of the Work, CONTRACTOR discovers any ccnflic4 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 a code or.of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency, is authorized by paragraph 6.25) until an amendment or -supplement to the Contract Documents ha's been issued by .oneof the methods indicated in paragraph 3.5 or 3.6: _ provided. However, that CONTRACTOR shall not be liable to OWNER or L'NGINGER for failure to report any such cadhct, error, ambiguity or die cpanry unlem CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifimlly stated in the Contract Documents a as may be provided by amendment or supplement thereto issued by one of the methods indicated in pamgmph3.5 or 3.6. the provisions of the Caruaci Documents shall take precedence in resolving any conflict. error. ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether a not specifically incorporated by reference in the Contract Documents); or • 40 No 3.3.3.2. the provisions of any such :Laws or Regulations applicable to the performance of the Work (unless such an _interpretation of the provisions of the Contract Documents wadd result at violation of such Law oa Regulation). sp ocification,. manual, to change the duties CONTRACTOR or rNuiritnK or any'oi men SUOeollraG[aa, cosultants, agents or employem from those ad forth in the Contract Documents, non shall it be effective to assign to OWNER, ENGINEER or any of FNGINEFR's Consultants- merits or employees any duty or authority to furnishing or performance of the V authority to undertake responsibility fuovXtrs of paragraph 9.13 or any Contract Documents, a or any may or isistent with the provision of the 3.4. Whenever in the Contract Documents_ the terms "as .adcred",.."as directed", 'as requited", 'as allowed', "as approved' or tams 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 rewirement direction• review or jud�mem of ENGINEER as to the Work, it is intended that such rctryveniera, direction, review or judgment will be solely to evaluate: in general. the completed Work for cur oliance with the reouvements of and infonnatioi in the R any' duty or authority to supervise or direct the or perfomance of the Work or zany duty or to on ol:e responsibility contrary to the of paragraph 9:13 or any other provision of the Amending andSuppfemenring Comic[ Docamenn 3.5. The Contract Documents may be amended to provide foradditions, deletions and revisions in the Work a to modify the terms and conditions thereof in one or .mire of the following ways 3.5.1. a formal WrittenAmendment, 3.5.2. a Change Order (pursuant to paragraph 10.4Z or FJCDCOENEM COtDITIM 1910-90*Edtun) .ICITy OF FORT NLUM MODIFTCATIONSMh V42000) L 3.5.3. a Work Change Directive (pursuantto paragraph 10.1). 3.6. In addition. the.requirements-of:the Contract Documents may be supplemented, and minor variations and deviations in the Work may, be auidmrimA in me or more of the following ways: 3.6.1.. A Field Order (pursuant to paragraph 9.51 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to. paragraphs 6.26 and 6.27), or 3.6.3. E•NGINEER's written interpretation or clarifmticn (pursuant to paragraph 9.4). Reuse of Documents: 3.1. CONTRACTOR and any Subcontractor or Supplier or other person.or organimnort performing, or furnishing; any of the Work under a direct or indirect contract with OWNER (i) shall not have or enquire ariy title to or ownership rights in any of the [hawirgs; Specifications or other documents (or copies of any thereof) prepared by or hearing the =1 of ENGINEER or FNGINF.ER's Corrsultam, and (ii)) shall not reuse any of such Drawings, Specificatioro, other documents or copies on cmci siorn: of the Project or any other projed without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL. CONDITIONS; REFERENCE POINTS sbaifabiGty ofLandr: 4.1. OWNER shall furnish as indicated in the Contract Documents• the lands upon which the Work is to be performed ripht"Pwav and easements for access .. lands; so furnished with which CONTRACTOR will have to comply in performing the Worllk_ Fasements for permanent structures or permanent changes' in existing laohnes will be obtained and paid fa by OWNER; unless otherwise provided in the Contract'Doowmcros. If CONTRACTOR and OWNER ere tunable to.agee 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 furnish' these land; rightssof- w•ay a easements; CONTRACTOR may make a clean therefor as provided in Articles I I and 12. 5 CONTRACTOR shall provide -far all additional lards and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4..2. Subsurface and Physical Condrionr 4.2.1. Reports and Drmdngs: Reference is made to the Supplementary Conditiona for identification of-. 4.2.1.1. Suberrfant Conditions: Those reports of exploratiais and tests of subs¢face conditions at or contiguous to the site that have been"utilized by ENGINEER in preparing the Contract Dmuments; and 4.2.1.2. Plpsicb1 Conditions: Those drawings of physical conditions;in or relating to existing surface or subsurface structures at o contiguous to the site (except Underground Facilities) that have been utihied by ENGINEER in preparing the Contract Documents. 4.2.2. Limited .Reliance by, CONTRACTOR Authorized' •1•edvucal Data: CONTRACTOR may rely upon the general accuracy of t}ue "technical data" contaim.d in such rcporis and drawings, but such rcpons and drawings,arc trot 'Contract DocvmcnLs. Such 'technica! data" is identified m the Supplementary Conditions. Except for such reliance on such 'technical data",.CONTRACTOR may not rely upon. or make any claim against OWNER, ENGINEER o any of ENGINEER's Consultants with respect to; 42.2.1. the completeness of such reports and drawings for CONfRACTOR's purposes, including, but not limited to, any aspects of the means,. methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and .safety pros uticns and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contnined in such reports or shown or indicated in such drawings, or 4.2.23. my CONTRACTOR interpretation of or conclusion drawn from any "technical.data"-or any such d6. interpretation; opinioae or information. 4.2.3. Noh'cr of Differing Subavifoce or Physical Conditions. If. CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either; 4.2.3.1. is of such a nature as to establish that any "technical data- on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate. or 4.2.3.2. is of such a nature as to require a change in the Contract Doctunents, or 4.2.33. differs materially from that shown or EXDC(XWULAL CONDIT1bM 1910-9 (1990 Edem) wi❑TYOF FORT COLum mo n7CAT10N5 MW4a000) indicated in the Caramel Documents; or 4.2.3.4. is of an unusual tmturc, and diffets materially from cenditiors ordinarily encountered awl generally recognimd as inherent in workof the chamcter provided for in the Contmet Docrments; then CONTRACTOR shag pmmpt6, immediately after becoming aware thereof and before further disturbing condition affected thereby or perfcxming any Wank in connection therewith (except m an emergency as permitted by jwmgmph6.23), notify OWNER .and ENGINEER m wntutg about such condition. CONTRACTOR shrill net further disturb suchconditions or perform any Work in'connection therewith (except as arocsmd) unfil receipt or wriuca order to do so. 4.2A. ENGINEER'' Review., ENGINEER will promptly review the .pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with rmpce(thefeto and advise OWNER,in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Docum ants is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3. a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and domumem the consequences of such change. 4.2.6. Possible Price and Times At"usi ments: An equitable adjustment in the Contract Price or in the Contract Times. or both• will be allowed to the rodent that the existence of such uncovered or revealed condition causes an increase a decrease in CONTRACTORb cost o4 or time required for performance oC the Work; subject, however, to the following: 4.2.6.1. such condition must meet any are or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2., a change in the Contract Document`s pursuant to paragraph 4.2.5 will no be an automatic aulhoriunion of nor a condition pre drat to entitlement to any such adjustment 4.2.6.3. with respect to Work thin is paid fee on a Unit Price Basis, any adjustment in Contract Price will be subject ,to the provisions of pamgaphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall no be entitled to any adjustmem in the Co ntiact Price or Times iQ 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions it the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the • 0 • is submission of a bid or becomig bound under a negotiated contract; or 4.2.6.4.3. CONTRACTOR roiled to. Fivethe written notice within the time and as required by paragraph 4.2.3. If OWNER.and CONTRACTOR on; unable to agree -on entitlement to oras;to the amount or IoNth of my such ;equitable adjustment in the Contract Price or Contract Times,'a claimmay be -made therefor as 'provided'in Articles I I and 12. "However, OWNER, ENGINEER and ENGINEER's Consultants %hall not be liable. to CONTRACTOR for, any claims; casts, losses or damages sustained by CONTRACTOR on or in connection with any other project oranticipated project. 4.3. Phjrdcal Conrb'tions—Underground Facilities: 4.3.1. Shwa orbideateab The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at a contiguous to the site is based an information and data furnished to OWNER or ENGINEER by the owners of. such Underground Facilities or by others. Unless it is ,otherwise expressly provided in; the-Supplemcnary Conditi onus: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy a completeness of any such information or data; and The cost oral] of the following will be I in the Contract Price and CONTRACTOR ve full responsibility far: (i) reviewing and all such information and data, (il) locating rground Facilities shown or indicated in the Documents,(iii) coordination of the Work i owners; of such'Underground Facilities• constriction, and (iv)the safely and in of all such Underground Facilitics as 1 in paragraph6.20 and repairing any thereto resulting from the Work. Not Shopn or Im icaled: If an Underground is uncovered or revealed at or contiguous to which was nnovshown or indicated in the genry as owner of UMCGENERAL CONDITIONS 19103 (1990 Edtim) W/ CITY OF FORT COLIJNS MODIFICATIONS OLEV 42M) ,give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review, the Undcrgownd Facility and determine the extent, if any, to wluch'8 change is required in the Contract Documents 11 reflect and document the consequences the "existence of the Underground Facility. IF to reflect and doermem such consequences.: During such trine. CONTRACTOR shall be responsible for the safety and protection of' -such Underground Facility as provided .in ppaaragraph 6.20. CONTRACTOR nJuell L. 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 Undergoumd Facility that wai not shown or indicated in the Contract • Documents and that CONTRACTORdid not,knowof enul could not reasonably have been expected to be aware of or )R may make a 1 I and 12. Her and ENGIN with any other project or Reference Points: for or 4.4. OWNER shall provide. engineering surveys to establish reference points for construction which in INGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR. shall be responsible for laying out the Work, shall Protect and preserve the established reference points and shall make no changes or reloatiore without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost ordestroyed or requires relocation because of necessary changes in grads or location; and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs; Petroleum; Hazardous {Paste or Radioadim Material: 4.5.1. OWNER shall be responsible fa any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered a revealed at the site which was not shown or m6crited in Drawings or Specificetiom or idemified `in the Contract Documents to be within the scopeof the Work and which may present a substantial danger to persons or P` rty exposed thereto in connection with the Work in Ihe.sile. OWNER shall not lie responsible far any such' materials brought to the site W CONTRACTOR, subcontractors, Suppliers or anyoneelse for whom CONTRACTOR is responsible. en egnired-jnermits-related-t erac and-dehvered-to thinsuch-oonditim nd-anyaffectedaren4ger &been 4.5.1. To the fullest-agent-permitud-try-4:nde+va —hol-rand Reguletiore-OWNER—sMll—indemnify--xd #mrtnless—C-0NTRAC�OR—Setbcommctors; ofticim—diwctors, employees, —agents. —outer wrsulwnLs-and- bmnlrnctc-of-wrch- md-eny-of iva-a�4utetiel--laiapcerad. eFrevaaledat dtesiro- EICDC(304E AL COMMONS 1910-9 (19908ditim) a1 CITY OF FORT COW M MODIFICATIONS (M-V 4r1000) ARTICLE 5-B0NDS AND INSURANCE 0 Performnnce, Payment and Other Bonds: 5.1. CONTRACTOR shell furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for,the faithful performance and payment of all CONTRACTOR's ob, lions under .the Contract Documents. These Bonds shall remain in effect at least until me'ymr after the date when, final payment becomes due, except as.provided otherwise by Laws or Regulations in by the Contract Documenis. C.ONfRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions, All Bonds shall be in the form prescribed by the Contract Documents except as providod otherwise by Laws ce Regulations and shall be executed by such sureties as are named in the mment list of 'Campanics Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Cirmlar57() (amended) by the Andit Staff, Bureau of G lovemment Financial' Operations, U.S. Treasury Department. All Bonds signed by, agent must he accompanied by n certified copy of such agent's authority to act. 5.2. Ir the surety on any Bon' famished by CONTRACTOR is declared a banlaupt or becomes insolvent or its right to do business is terminated in any state where any pan of the Project is lasted or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ton days thereafter substitute another Bond and surety, both of which must be aaeptable to OWNER 53. Licensed Surer£es and Insurer; Certificate of • Insurance. ' 5.3.1. All Bonds and insurance required by .the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained front surety or insurance companies that me duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insist nnCe policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements am] qualScatias as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR -.shall deliver to OWNER, with copies to web additional awned identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER -shall LJ 0 • 0 COATRALTOR's Liability Insumnee: CONTRACTOR shall purchase and maintain such alrty and other uuvrance as; is appropriate for the Work sg performed and famished and as will provide tech from claims set forth betow,which may arise out or- result from CONTRACTOR's nerformonce and be performed :or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or iadirectlyemployed,by any of them to perform or furnish any of the Work; or by anyone for whose acts any of than may be liable: 5.4.1. claims uraler waken' compersation;.disabifity .benefits and other similar ernploycehencfit acts; 5.4.2, claims for damages because of bodily injury, occupational- srdcbess or disease, 'or death of CONTRACTOR's'employee's; 5.4.3. claims for damages because of bodily injury; sickness or disease, or death of any person other than CONTRACTOR's cmplayccs; 5A:4-claims-for-4amages-ins od-by-customary irealy-refer _.. .. esen by other reiaiim 5.4.5. claims for damages, other than to the Work itself becauseofinjury to or destruction of tangible property wherever located, including loss of .use resulting therefrom; 'and 5.4.6.. claims for damages because of bodily injury a death of any person or property damage arising out of the ownership, maintenance or use of any motor .. vehicle, The policies of insurance, so required by this paragraph 3.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paiagmphs 5.4.3 through'S4.6 inclusive,and 5.4.9 mdude is "additional isuireds(subject to any customary exclusion in .respect of professional liability), .OWNER, ENGINEER, ENGINEER's Consultants and any other persons orentitim identified in the Supplementary Corulition:% all of whom shall be listed as additional insureds, and include coverage for the respective officers 'and employees of all such 5.4.8. include the specific.coverages and be.writter Ccr not less than the limits of liability provided in the Supplementary Corditiors.pr required by Laws or Regulations, whichever is greater, 5.4.9. includewmpletedoperatimsinsurance; E)CDCOENERAL CONDITIONS 19io4 (1Y90 Edda) w/CITY OF FORT COI,LttiS MODIFICATIONS (REV 4r2000) 5.4.10. include contractual liability insurance covering CONTRACTOR's, indemnity -obligations under paragmphs 6.12. 6.16 aral 6.31"through 6,33; IL contain a provision or ends emge afforded will not be care need or renewal refised,umil at certificates of insurance furnished by the CONTRACTOR pursuant to pamgaph 53.2"will so provide); 5.4.12. remain in effect at least until final payment avid at all times thereafter when CONTRACTOWmay be correcting, renaming or replacing defective Work in accordance with paragraph 13.12; and 5A.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect. form"least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in rho. Supplementary Conditions to wham a certificate of insurance has been issued evidence -satisfactory to OWNER and any such additional insured of continuation of such insurance at finial payment and one year thereafter). OWWER's Liabi liry Insurance: 5.5. in addition to insurance required to be provided by CONTRACTOR under paragraph 5.4. OWNER, at OWNER's opticR_ may purchase and maintain at OWNER's expense OWNER's ours liability 'insurance as will protect OWNER against clauns which may arise from operations trader the,Contract Documents Property Ins ce. 3:6.—IJnl�-otlt�wise-prmidedtin•theSuppkmeatery C,ondiiioris-6WNER-slue!!-purelasa-, the. ieA-. I of-the-{mill-repincemeai-cast-iheneof-(subjeuti-to-such deductible-am(unts-es-may-ba-prcwidect-m-the £uppkmerdary-Eornrlitiore-oyregwred-by-F:nws-ertd Regulatiors)liisinsumttoeslnlle 564 inolude—the—interests—of-6WPIER; otal entities-iilentnfied-in-the=Supplernenfery-Garin o eaehof-whoa-is-deemed to-hert acran k-inI" and-stall-be-liatedos®i-irsiredor-oddiEiorial-asiirad; doe- fella ving-perils=flro-light^.i .d" 0 coJetage-theta-rerdnlms and-molkious-micchieE _._h _a__ fN§Fa.. _.. _.. �.. 3:6:3-include-experees-ineurtnl-irrlhe-repev-or raplucement-of-ony-ituurad�pioperiy-(including-hut-not. eiehitaets}; I'm situ cx-at-miother-7omtiort-theewas-op{eeel-to-viavriting•hy to �wvidedihntm- eh mnt ,alsend-equipmem-h"A-been 5.6.5. be mau.._ : ed : "ffea-- til-fnrel-pe�merd-is L. .i—w'i�irrtg �A'�.�.�; �:.^�tcen-nfnic�io-eaoh�theFeddltii)nBl is smd 5.7. 9WN�shelHxnhnse-nnd-maintnins .ch-boiler NRE�m99hIH0Fy-i. - .. . • . mm�mml8 as-moy-Ue-requ'ved-by-)he�upplemenmry-Conditions-or rsorts-ar-entities' ed-es eirinsu 5aD.. 20Nfit-R- equests4n-writitg-Uret-other n.d.. Wriu m Am ndment— .n••• EXDC0E4ERAL CONDITIOM 1910-9 (1990 EAlim) 10 wtury OF FORT COLLit-6 mootrICAnom(REVIR000) oommerlcement-ot-tho-Work-et-thosite. GkVNGR-shell-in payeblaAlder-any-paliay,so ismued: ega'.;a—CQNTRAGT-QR. ..T.Subl tma*m e(iears,-directo/s-employeem-end-egem5-of-eery-of them; {oF of- s er-other-c rrageentml-Iesi-a+Ia d ft beyond-direct-physical-less-ce-damegr-to a Hsi%.out "resulting-Cromtffe -aFterper wha her-6r-rMt-imumd-by-OV94liR.-nnd 5-1-1�,2-1ao-or-damoge-io-rt»-compFetad Frgeot-m-pea-khowe ml W by:-erfsalg-eube€sr -Gom-Craor-ether-imrorod-�il-eo"md ,edun g—Mrliol—utAimbon—purcuffit-10 paregoph-F4-10; elver-Sn6ateMiol-fanpletiai( pumlmd-topamgoph-F4&onager-fine}-poymank • 0 reuwecy-egoteshatiy-of GONT�iA6T9R.-Snbcaurnctors� Receipt andApplicaaon ofInsurance Proceed+r 5:12. Any "ensured loss under the policies -of insurance required.: by paragraphs5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear,. subject to the riquiremehts"of any applicable mortgage clause and of paragraph 5.13. OWNER .shall deposit in a separate .account any money so received, and shall disiiibtne it in .accordance with such agreement as the parties in interesl may reach. If no other specialagreement is reached the damaged Work shot I be repaired or replaced, the monrys sir received applied on account thereof mid the Work and the cost. thcmof covered by an appropriate Mnge .Order or 5.13. OWNER. as fiduciary shall have power to adjust "and. settle any loss with the insurers unless one of the parties in interest shall object in writirrd within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be mad4 OWNER as fiduciary shall makesedlement with the insaners 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 imurcrs r iH ` greger-pa�eimeaseefsueh9aties. Acceptance ofDondv andln urancg' Opaon to Replace:. CJ Partial 17fiGrnaon-Property Insurance: 5.15. If OWNER furls it necessary to ocetipy Or rise a portion or portions of the Work prim to Substantial 6JCDCGR4U(&C0MIT10M 1910-8(1990Utiw) W OTY OF FORT OOI.IINS MODIFICATIONS (REV Q2D00) 0 Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph l4.IQ pprrovided that no such use or, occupancy shall commence befomi the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes'un coverage necessitated thereby. The insurers providing the property insurance shall consent .by endorsement on the policy or policies, but the properiy insurance shall not be cancelled or permitted to'lepse on account of any such partial use or,occupaacy_ ARTICLE 6-CONTRACTOR'S RESPONSIMUTIES Sulision and Aipedatendence: 6.1. CONfRACI.OR shall :supervisF .inspect and direct the Work competency and "efficiently, devoting inch attention thereto and applying 'such skills and expertise as may he necessary to perform the Work in accordance: with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, tccutiqucR sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others h the design or s*ification of a specific means• method technique, �quence or praceduie of construction which is shown or indicated in end expressly required by the Contract Document's. CONTRACTOR .shall be responsible to sec that the completed Work complies ac&mtely with the.Contract 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to. OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to as on behalf of CONTRACTOR All communications to the superintendent shall be as bindine Labor,: Materials and Equipment: 6.3, CONTRACTOR shall provide competent, suitably qualified personnel to survey; lay out and oonoxtset the Work as required by the Contract Documents, CONTRACTOR shall at all times maintain good discipplineand order at the site. Except as otherwise required for the safety or protection of persoinsor the Work or property at the site or adjacent thereto, and except as otherwise indicatedinthe Contract Documents, all Wmk" at the site shall be performed during regular working he= and CONTRACTOR- will not permit overtime work or the performance of Work em,Seturday, Sunday or any legal holiday without. OWNER's_mitten I 6.4.. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full- responsibility far all materials, equipment, labor, trans tio. construction equipment and machinery, to. appliances, fuel „power, light, heat, teleph'me, water, sanitary facilities, temporary facilities and all other iliti faces and incidentals necessary for the famishing, performance, testing start-up and completion of the Work. 6.4.1. Purchasing Restrictions: CONTRACTOR mug comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchnsinv. and Risk Management Division or the City Clerles of Oi 6.4.2. .Cement Rlinctom orsFor Collins Resolution 91-121eicnd pproducers of cement a products contamit�'cemenfto-ccni thaC the cement was not mask. in cement kilns .that bum hazardous waste as a fuel 6.5. All materials and equipment -.shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. Tf required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence .(including reports of required tests)as to the kind and quality of materials and equipment. All materials and equipment shall !x: applied, installed connecicd, erected, use cleaned and conditioned in accordance with instructions of the applicable Supplier, cxceptes otherwise providedin the Caaroct Documents, Pragreu;Schedule: 6.6. CONTRACTOR shall adhere to the progress -schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time mprovided below: 6.6, 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the. extent indicated in - pamgmph2.9) proposed adjustments in the progress. schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto' 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (a Ivblestones) shall be submitted in accordance with the requirements of pamgmph 12.1. Such adjustments may only be made by a Change a Order a Written Amendment in accordance with Article 12. 6.7. &bstitutesand "Or -Equal" Items.• 63.). Whenever an item of material or equipment is specified a described in the Contract Documents by using the came of a proprietary item a the Heine of a articular Supplier, the specification or description is mtendod to establish the type, -function acid quality required. Unless the specification or description EJCDCGENERAL COND1TIOM 1910 9OMEdtim) 12 wl CITY OF FORT COLUM MODIFICATIONS MW4r2000) contains or is followed by words reading that no like, equivalent a "a -equal" item or no substitution is permitted, other items of material or equipment or material a equipment of other Suppliers may' be accepted by ENGINEER under the following diraumstances: 6.7.1.1. '19r-Equal". If in ENGINEER's-sole discretion an item of material a equipment proposed by 'CONTRACTOR is functionally equal to that named and sufficiently similar so flat no change in related Work will be required, it may be considered by ENGINEER as an "or al' item, in which case review and approval of the proposed item may; in ENGINEER's sole discretion, be,accomplished without compliance with 'some .or all of the requirements for ibstihde liens: If in ENGINEER's sale an item of material a equippment V CONTRACTOR does not qualify es an "or -equal' item under subpamgmph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the fallowing as supplemented in the General Requirements and ms ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not he accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material Or equipment. CONTRACTOR shall fug make .written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results mllel for by the general design, be similar in substance to that specified and be suited to the same use m tlmt specified Theapplication will state the extent, if any. to which the evaluation and acceptance of the proposal substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not : acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work at.the Project) to adapt the design to the proposed substitute and whether or not incorporation or use ofthesubstitute in connection with the Work is subject to payment of any license fee ar royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The appliemon will also contain an itemizcd estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including cats of redesign and claims of other contractor; affected CJ 0 • pry:the.resulting change, all of which will be CONTRACTOR shall perform not less than 20 considered by ENGINEER. in evaluating the percent of the Work with .its own forces (that is p sad substitute. ENGINEER may requre without subeontractin¢) The 20 reent requirement CO RACTOR to furnish additional data about. shall be,understood to re th� value of the propasixl substitute - - which totals not less than 20 percent of the. Contract Rice. 6.7.1.3. CONTRACTOR'S Expense: All data to be '61.2. provided by CONTRACTOR in support., of any If —the .Supplemewory-Gonclitiorvs Biddinc proposed "or -equal" or substitute item will be at Documents require ;the identity of certain CONTRACTOR's expense. Subcontractors, Suppliers or other persons or organ izatiims (including those who are to furnish the 6.7:2. Substitute Construction Methods or principal items of materials or equipment) to' be ProcedWvs If a ssp�ecific means, method technique, submitted to OWNER in-adverwa-e�the-speorHed sequrnce or p ceXne of conutmciion is shown .or data prior to the Effective Date of the Agreement indicated in and expressly required by the Contract acceptance by OWNER end ENGINEERif Documents,, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or n6ourdume--' procedure of construction acceptable to ENGINEER. OWNER'S or ENGINEER's acceptance (either in CONTRACTOR shall submit sufficient information to waiting or by failing to make written objection therdo allow ENGIN ER,.in ENGINEER's sole disactionn, to by the date.indicated for acceptance or objection in 'determine that the substitute proposed is equivalent to the biddi ig documents orthe Contract Documents) of thatexpressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7,3. Engineer's EwMwirm:, ENGINEER will'be ------ k—sulriins[e; the— lI -be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to' such-subsutu[ion-toll-an-appropriate-6lnenge-nrdar paragraphs 6.7.1.2 and 6.7.2. ENGINEER twill be the xij{j '.solo: judge,of acceptability. No "Or,cqual" or wnstihne a condition of the Contact re uir' ttic substitute will be orderal, installed or utilized without use at the named subcontractors, suppliers or m ENGINEERS prior, written acceptance which will be 'persons or organization m the Wool: unless prior evidenced: by either a Chamgc Order or an approved written flaaOVflI Ice obtained from OWNER end Shop _ Drawing. OWNER may require ENGINEER No acceptance by OWNER or CONTRACTOR to furnish. at CONTRACTOR's ENGINEER of any such Subcontractor, Supplier or expense a special performance guarantee or other other person or organization shall constitute a waiver surety ;with respect to'any'onequal' or substitute. of my right, of OWNER or ENGINEER to reject • ENGINEER will record time. required by defective Work. ENGINEER will ENGINEER's Consultants in evaluating "substitutes' proposed or submitted by 6.9. CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 .and in making ,changes in the Conrad 6.9:1. CONTRACTOR shall be fully respmable to Documents (or in the provisionsofany other direct OWNER and ENGINEER for all acts and omissions _ Contract with OWNER for work on the, Project) or the Subcontractors, Suppliers and other persons occasioned thereby. AVIlether or not ENGINEER and organizations performing a famishing any of. the.. accepts a substitute item so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR .CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENGINEER and revolunile for CONTRACTOR's own acts and ENGINEER's Consultants for evaluating each such omissions. Nothing in the Contract Documents shall proposed substitute. item, create for the benefit of mny.such'Subcontractor, Suppba or other person or organization any 68. Concerning Srbcontraclors, Suppliers and contractual relationship .between OWNER or Others: ENGINEER and any such Subcontractor, Supplier or other person a organization, nor shall it create any. 6.8 1. CONTRACTOR shall not employ any obligation on the part of OWNER or ENGINEER to Subcontractors Supplier, or other. person or organization pay or to see to the payment of any morcys due arty ,(including those acceptable to OWNER and such Stibcontractor, Supplier or other person or ENGINEER as indicated in paragraph 6.8.2), whether organization exicp as may otherwise be required by initially or as a substitute, against whom OWNER or Laws and Regulatiors. OWNER a ENGINEER may INGINEER may have reasonable objection. fivnish to any subcontractor, supplier or other person .CONTRACTOR shall not be required to employ any a oneaninitim evidence of amomts paid to Subcomtractor,S Ila a other person or or8amzation CONTRACTOR in accordance with to furnish orpeirm any of the Wort; against whom CONTRACTOR'S"Amlicat om for Payment". CONTRACTOR has reasonable objection. E)CMGV4E LCONDITIONS 19104(100Eddm) wary OF FORT 6DU INS MODihCATIONS QWV 4nM) 0 13 The OWNER reserves the right to reject any and all Bids, and to waive any informalities and • irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. City of Fort Collins Gerry S. Paul Director of Purchasing & Risk Management • 6.9.2. CONTRACTOR- shall be solely responsible for scheduling .and coordinating the Work of Subcontractors. Suppliers and other persons and crganintions performing or famishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations perforating, or .furnishing any of the Work tocommunicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specificatioris and the identifications of any Drawings shall not control CONTRACTOR in rlivrding the Work among .Subcontractors a Suppliers or delineating the Work to be Performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an upfp�rapnale agreement between CONTRACTOR and the Subcotnuador or Supplier whrdn specifically binds the Suboontiactor dr Supplier to the applicable term and conditions of the Contract Documents for the benefit of Patent Fees andRoynitier 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work .of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents'for use in the performance of the Work and if to the actual knowledce of ran to others: the existence of such rights shall losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Woik or resulting firm the incorporation in the Work of any invention, design, lxacacs, product or device not specified in the Contract EICDCOENERAL CONDITIOt4S 1910-3 (1990 emtku) 14 wf CITY OF FORT COLUM MODIFICATIONS(REV4R000) Per its: 6.13. Unless otherwiseprovided in the Supplementary Conditions, CONTRACTOR shall oU. and pay for all ernaaueticn permits and licenses OWNER shag assist CONTRACTOR, When necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which we applicable at the time of Trug of Bids, or, if there are no'Bids, un the Effective Date of the Agreement, CONTRACTOR shall pay all cherim of utility owners lb connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. LansandRegulations 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to ftumslung and performance of the Work: Except where otherwise expressly required by applicable Laws and Regulations; neither OWNER nor ENGINEER shall be responsible for monitoring CONTRAGrOR's compliance with any Laws or Regulations. 6:14.2, if CONTRACTOR performs any Work knowing or having reason to know that it is contrary to laws or Regulations, CONTRACTOR shall bear ell claims, costs, losses and damages caused by, arising out of or resulting thacfran; however, it shall not be CONTRACTOR'S Primary responsibility to make certain that the Specifcations and Drawings are in accordance with Laws and Regulation% but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taus 6.15. CONTRACTOR shall lay all sales, consumer, use and other similar taxes required ;to the paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work 6.15.1. OWNER is emmm Fran Colorado.State and local .sales and use taxes on materials tp be yanently nhcarporated into the oroject_Sard tees stag not be included m the Contract Price. CONTRACTOR must root, for. .and receive. a Certificate of Ezemrxion Gom the Colorado Department of Revenue for construction materials to be call y me rate irao the oject Tins Certification of Exemption provides that the CONTRACTOR shall neither bay nor include rn his Bid Sales and Use Tares on those building and construction materials physically raggaMted into the oroiect. Address: Colorado Department of Revenue State Capital Amex • • 1375 Shuman Street 6.19. CONTRACTOR shall maintain in a'safeplace -at Denver, Colorado. 80261 the site one record copy -of all Drawings Specifications: Addenda. Written Amendments.. Change -Orders; Work .Sales and :Use Taxes far the .State of Colorado Change D'uectives, Field Orders- and written Regional -Transportation District fRTD) and eau interpretations; and clarifications (rasued'pursumt to Colorado . counties are colig led b the State of Telegraph 9.4) in good <rder and annotated to show, all Colorado .and are. included in the Certification of changes, made during, construction se Therecord Exemption. documents. together with all approved Samples;md a counterpart of all approved Shop.Dmwmgs will be All eopliwble Sale -and Use Taxes (including State araiI bl to ENGINEER for reference Upon completion collected.taxes), an arw items other than construction of the Work, and prior to release of final pay mem, these and buildirie materials physically incorporated into the record documents,- Samples and Shop Drawings will be mien ore to be:paid by CONTRACTOR and are to delivered to ENGINEER far OWNER. be mcluded in appropriate bid items. - Safety and Protection: Use ofPremises.• 6.20. CONTRACTOR shall be responsible Car 6.16. CONTRACTOR 'shall confineconstruction initiatirng, maintaining .and supervising all safety :equipreal theatomge of materiels and equipment andthe pecautions and programs in corunwnon with the Work. op�ratiorts tit.workers to the site and land and areas CONTRACTOR shall coke. all necessary prccautiong for identified in and peirnitted by the Conirnet bacuments end, the'saleiy of. and shall. provide the necessary protection to •other innd and areas permuted by Lnws end Regulations, prevent damage, injury or loss to: .rights -of -way, pcnnils an'd casements, and shall not unreasonably encumber the premIT with construction 6.20.1. all persons on the Work site or who may be 'equipment or other materials or .equipment. affected 6y the Work; CONTRACTOR shall assume full msparabihty for any dam gc ro any such land or area, or to dte o;r d 6.20.2...all the Work and materials and equipment to o>Ccuptn[ thereof d of u; adjacent land or areas, resulting • be incorporated therein whether in. storage on or off frog the performance of the Work. Should myclaim be the site; and made by any .such owner or Occupant bcca of the performance of the Work, CONTRACTOR shall promptly 6.20.3. other propertyat the site or adjacent thereto, settlewith such other poly by negotiation or otherwise including trees,shruhs, lawns, walks, pavements, resolve the claim by arbitration or other depute resolution roadways, swctiues, utilities and Underground prxeedng or. at law. CONTRACTOR shall, to the fullest Facilities not designated for removal, relocation or extent p¢mrtted by Laws and Regulations, indemnify and replacement in the cause of construction. hold harmless OWNER ENGINEER ENGINEERs Consultant and anyone directly or indirectly employed by CONTRACTOR shall comply with all applicable Laws • :any of them from:and agiiinst all claims, costs, losses and and Regulations army public body having jurisdiction for damages; arising .out. of or resulting Gran any claim or safety of perSMS or property or to protect them Gan action,, legal or equitable, brought by airy such owner or damage, injury or loss; and shall erect and maintain all occupant against OWNER ENGINEER or any other party necessary safeguards for .such 'safety and protection. ' 'indemnified hereunder to the extent caused by or based CONTRACTOR shall notify owners brad jacent property .. upon OONTRACTOR's performance of the Work and of. Underground Facilities and utility "owners when .6.17. During the progress of the Work, CONTRACTOR cooperate with them in the, protection: removal, relocation shall,keep the premises free from accumulations of waste and replacement of their property. All damage, in ul 017 materials; rubbish and other debris resulting from the loss to -any 'property referred to in Fomgrapht6. 0.2 or Work At the completion of the Work CONTRACTOR 6.20.3 caused, directly or indirectly,, in whole or in put; by shall remove all waste materials; rubbish and debris firm CONTRACTOR any Subcontractor, Supplier or any and about the premises as well is all tools: apiphances, other person m organization directly or indirectly construction equipment and machinery and surplus employed by any of them to perform or Cumish airy of the materials CONTRACTOR. shall Iwve thesitc clean and Work w anyone fa whose acts any of them may be liable, ready for occupancy by OWNER it Substantial "H be remedied by CONTRACTOR (except damage or Completion of the Wort:. CONTRACTOR shag restae to loss attributable to the fault of Drawings or Specifications original condition all properly not designated far alteration or to the acts or omissions of OWNER is ENGINEER or by the Contract Documents. ENGINM- ''s Consultant or anyone employed by any of them or anyone free whose acts any of them may be liable, 6.18. CONTRACT OR shall not lead nor permit any part and not attributable, directly or indirectly, in whole or in of any sWcture to he loaded .N curry maser. dst will purl, to the fault or negligence of CONTRACTOR or any endanger the'slructure, plop shall CONTRACTOR subject Subcontractor, Supplier or other pe+s 'd grgam-lion any part of the Worka adjacent property to slresses'or directly or utduecdy employed by any of them), pressures tharwill endnngern CONTRACTORS duties and re bilifics for the safety and proteclion of the Work shall cattinueunft such time Record Documents: as all the Walk is completed and ENGTNEER has issued a EJCDCOVIEM C01,IDIT101-4519104 (1990 Utica) 15 Id aTY Of FORT ODURS MODIFICATIONSQIEV 4nM) 0 notice to -OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly .provided in connection .with Substantial Completion). 6.21. Safety Reyirewntath,e: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintawng and supervising of safety precautions and programs Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required *to be made available. to or exchanged between or among employers at the site in accordance with laws or Regulations. Finereenciev. 6.23. In cmenzencies affectma the safety or nrotcetion of or nromertv'at the site or thereto, CONTRACTOR, without special instruction or authcrizrtion'from OWNER or ENGINF.FK is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any..sngnifrcant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive Or Change Order will be issued to document the consequences of such action 6.24. Shop DrnwingsandSamplec: 6.24.I.-CONTRACTOR shall submit ;Shop Drawings to ENOINEER for review and approval in accordance with the accepted schedule of Shop Drawings,and Sample submituds (see paragraph 2.9). All submittals - will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete- with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6 26. 6.24.2 CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended arid otherwise, as ENGINEER may require to enable FNGTNEER to review the submittal for the limited EJCDCGFSIERAL CONDITIONS 1910.8 (1990 Eatim) 16 w/ CITY OF FORT COW IS MODIFICATIONS(KEV 412000) purposes required by paragraph6.26: The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Beforesubmitting each Shop Drawing or Sample. CONTRACTOR shall have determined and verified: 6.25.1.1all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended usc, fabrication, shipprrg; handling, smrege, assembly and installation .pataMing to the performance of the Work, and 6.25.1.3. all informatidn relative to CONTRACTOR's-sole,rispoiisibilitics in respect of means, methods, teehniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, S any, that the Shop Drawing or Sample submitted may have from 'the requirements of the Contract Docunents,such notice to be ins written communication separate from the submittal: and, in addition, .shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted .by ENGINEER m required by paragraph 2.9: ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or meorporatimn in the Word:, conform to the information given in the Contract Documents and becompatible with the design concept of the completed Reject as a functioning whole as indicated by the Contract Documents. ENGINEER's ieview and approval will not extend to mma.% methods, technique% sequences or procedures of construction(except when: a particular means, method, technique, sequence or procedure of • 0 r� U i is cow,truction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident therein. The review and swroval ofaseoarate. n such will not indicate approval of the e the item functions. 'CONTRACTOR ions required by ENG1NE13R and shall direct specific attention in writii the corrections called for 6.27. ENGIMMs review Drawings or Samples shall n from responsibility for eny.von of the Contract Documents unl ENGMEER's attention to : time of submission as 3 and ENGINEER has g h .such variation by _a .ape ncoroomted in or accomeemv 6.25. Where a Shop Drawing or Sample is required by the Cam ract Doouments'or the schedule of Shop Drawing. and Sample. subm "score accepted by FNGMEER 'as required .by paragraph 2.9.arry related Work pert'ormed prior to MlNEER's review and approval of the pertinent' submttal will be at the. soleergtense and responsnbnhtyof CONTRACTOR -Continuing the {York: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all -disputes "or disagreements with OWNER. No Work shall be delayed or postponed pending resolution ;of any .disputes or disagreements, except as permitted by pamgmph 15.5 or as. OWNER and CONTRACTOR may otherwise 'agree in writing. 630. CONTR4.CTOR's General Warranry and Guarantee 6.30.1. CONTRACTOR warrants and guarantees to OWNIiR, ENGINEER and ENGINEER'S Consultants that all Work will be in accordance with the Contract Documents 'and will not - be defecfiye. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, .modification .or .improper maintenance or operation by' persons other than CONTRACTOR Subcontractors or Suppliers; cr 6.30.1.2. normal wmr and tear under normal usage. 6.30.2.;CONTRACTOR's obligation to perform and complete the Work in accordance with the Caibsct Documents shall be absolute.. None of the following will constitute -an acceptance of Work that is not in EJCDC OENERAL CONDI71 ON51910-9 (1990 Edition) w/C1TY OF FORT QOLUNa MODIFICATIONS(REV eR000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Weak in accordance with the Contract Documents: 6.30.2.1. observationsby ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the isuence of a certificate of Substantial Completion cir any paymean by OWNER to CONTRACTOR under the Contract lcments; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any, acceptance by'OWNER or any failure to do so:. 6.30.2.6; any review and approval of a Shop Drawing or Sample submittal a the i"nee of a .inotice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.23. arty inspection, test or approval by ,others; or 6.30.2.5: amy.correctionof defective Work by OWNER Indemn0m6an: 631. To the. fullest oct rot permitted by Laws,and Regulations,. CONTRACTOR shall indemnify and hold harmless OWNER. ENGINEER ENGMEER's Consultants and the officers, directors, cmplcyces, agents and other consultants of each and any, of them from and against .all claims, costs; losseeand damages (including, but .eat- limited to, all has and charges of crgincers, architects, attorneys and other professionals anal all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from -the performance of the Work, provided that a_ ny such claim, =4 loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of mngible property (other than the Work itsell), including the loss or use resulting therefrom, and (ii) is caused in whole or in part by.any negligent actor anission of CONTRACTOR; any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them t6perform or furnish an yy of he Work or anyone for whose acts any of them may liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is unposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.321 In any and all claims against OWNER or ENGINEER orany of their respective consultants, agents; olficeis, directors or employees by any employee (or the surirrvor or persmial mpresentativd of such employee) of CONTRACTOR' airy Subcontractor, any .Supplier, any person o organization directly, or indirectly enployed by 17 any of them to perform or furnish arty of the Work or anyone for whose acts any of them may be liable; the indemnification obligation under paragraph6.31 shall not be limited n any way by arty limdauon on the amount or type of damages, compensation or benefits payable by or for CObrrRACTOR or. any such Subcontractor, Supplier or other parson or organirstion under workers! compensation acts, diwbility benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents cause( by the professional negligence, errors or omissions of any.of them. Sun•I ut OfMligadOns: 6.34. All representations, indemnifications, warrantiesr and guarantees made in. required by or given in accordance with the Contract Documents, as well as all continuin obligations indicated in the Contract Documents, willi survive final payment; completion and acceptance. of the Work and termination or completion of the Agreement, ARTICLE 7--OTHER WORK Related Work at Site. T1. OWNER may perform other workrelatedto the Project at the site by OWNER's own forces, or let other direct contacts thacfor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be perforrned was not noted in the Contact Documcras, then: (i) warren notice thereof will be given to CONTRACTOR prim to starting any such other work and (d) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 ifCONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties. are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractur who is a party to such a direct caaact and each utility owner (and OWNER if OWNER is performing the additional work with OWNWs 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 pcoperly.conneit and coordinate the Work with theirs Unless otherwise provided in the Contract Documents. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make Its several parts come together properly And integrate with such other work. CONTRACTOR shall not endanger any work of others by rotting, excavating a otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and res��onsihilitics.of-CONTRACTOR under phis paragraph .or the benefit of such utility owners and other ocmrmctom to the extent that there are comparable EXI)COENERA.CONDITiOtkf 191"(199aEdalm) 18 AICITY OF FORT COUINS MODIFICATIONS(RbV4/1000) provisions for the benefit of CONTRACTORinsaid direct contacts between OWNER and such utility owners and other contractors: 7.3. If the proper execution or results of any pert of CONTRACTOR's Work depends up6n work performed by others under' this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defers a deficiencies ru such other work that render it unavailable a unsuitable for the proper execution and results of CONTRACTOR's Work: CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper, for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 74.I. the person, firm or corporation who will have authority and responsibility for coordination of the activities among die various prime contractors will be idchtificd; 7.4.2. the specific matters tobc covered by such authority and responsibility will be itemized: and 7A.1 the extent of such authority and responsibilities will be provided. lJnlcw otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8-OWNER'S 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an gineer against whem-EONTRAGTGR- akes-mrremaa� DM -objection; whose status under the Contract Documents shall be that of the former ENGINEER 83. OWNER shall furnish the dam required of OWNER under the Contact Documents promptly and shalt make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNERYs duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paagrxph 4.2 refers,to OWNER' identifying and making' available to CONTRACTOR weirs of reports of exploations and tests ofsubsvface conditions at the site and drawings of physical conditions in existing 0 0 0 • structures at or contiguous to, the site that have been utilized that has been made and the quality .of the:vanous aspects by ENGINEER in preparing the Contract Documents of .CONTRACTOR'S executed Work. Based on inlormationobtained during suds visits and observations ENGINEER will endeavor for the benefit of OWNIIt to .. ..... ....`... ... - ..... determine, in general, if the Work is,procceding in fonMnparegrephs33ihrarydt-5:10: accordance with the Contract Documents ENGINEER will not be required to make exhaustive or continuous on- 8.6. OWNER is obligated to execute Change Orders as site inspections to check the quality a quantity of the indicated in paragraph 10.4. Work. ENGINEER's efforts will be directed toward ' providing for OWNER a greata degree of confidence that 8.7. OWNER's responsibility in respect of certain the completed Work will eonlorm generally to the irislmtions, tests'- and approvals is. set forth iii Contract Documents. On the basis of such visits and on- pdmgmpn 13.4. site observations. ENGINEER will. keep OWNER informed of the progress of the Work and %ill endeavor to 8.8. In connection with OWNER's right to stop Work or guard OWNER against &,fectfve Work. ENGINEER's suspend Work, sec paragraphs 13.10 and 15.1. visits and on -site observations am'subject to all the Paragmph 15.2 deals with -C, R's right to terminate limitations on ENGINEER's authontpand responsibility services of CONTRACTOR under certain crcumstanccs. set forth in paragraph 9,13,. and parucularlpp, but without haiitation or as a result of ENGIN'ER's-on-site 8.9. The .OWNER shall not, supervise, director have visits or observations of CONTRACfOWs Work ,control or authority: over, rar be responsible. for, ENGINEER will not supervise, direct, control or have CONTRACI'OR's means, methods techniques sequences; authority over or be responsible for ,CONTRACTOR'S or procedures of construction or the safety precautions and means methods, techniques sequences or procedures of programs incident thereto, or for any failure of construction, or the safety precautions and. programs CONTRACTOR to comply with Laws and Regulations, incident thereto, or for any failure of CONTRACTOR to applicable tothefurnishing or performance of the Work. comply with Laws and Regulations ,applicable to .the OWNER will not be responsible for CONTRACTOR'S. furnishing or performance of the Work. failure to perform or furnish the Work in accordance with the Contract Documents. Projeci Represrnmdve: 8a0. GWNSWs responsibility`- 9.3. If OWNER and ENGINEER agree, ENGINEER ___d rest, OF �: will furnish a �Residcnt 1?rojcct Rcprcccritativo to assist Redid,.. a ENGINEER in providingmore continuous observation of setfeRh-in-pemgeph46. the Work. the responsibilities and ,authority and - limitations thereon of any such Resident project Representative and assistants will be as provided in • paragraphs 9.3 and 9.13 orremgaments—keva--tiezri—made--to—satisfy--QVA4 RS Conditierg of these General Corditiora If OWNEt drsil fates, another representative or agent to represent resporJsibility-irrrespzet-theraof-wilt-6e-ms�et-Berth-bi-the OWNER at the site who is not ENGINEER's Consultant, Supplementary-Goriddions: agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in s)_tmgaoh.93 .ARTICLE 9-ENGiNEFR'S. STATUS DURING of these. General Conditions If the ENGINEER fiunishm CONSTRUCITON - a Resident Rout Representative (RPRI or :otlJgl assistants or if the OWNER desieriates a Representative 01MER's Representative: and limitations as provided in �araaraph 9.13 'of .the General Conditions and shall be subject to the following: 9.1. ENGINEER will be OWNER's representative during the eonstructioii Period. Theduties and 9.3.1. The Reoresentalive's dealmes in mattem responsibilities and the, limitations of authority of pertaining to the on�iW work will in gencral be with ENGINEER as ,OWNER's ,representative during the ENGINEER and CONTRACTOR But, the construction,are set forth in the Contract Doctiments and Representative will keep the OWNER mooerly shill not be extended without written' consent of OWNER advised about such matters. The Reoresenlative's and ENGINEER. .. dcaIMMWith subcontractors will cent be tlnrau a with ihe�ll krawledge end aotrove of the 19sits to Site: CONTRACTOR 9.2. ENGINEER will make visits to the site at intervals 9.3.2. Duties and Responsibilities Representative MM&prate to, the various stages of �cort�uction as will: ENGIdeems,necessary, in order to observe as an experienced and qualified design professional the progress 9.3.2.1. Schedules - Reviewthe progress EJCDC0tT'EMC0NDI7ION51910.8099a E6iun1 19, W aTY OF FOOT MLLIMS MOOIRCATIONS QIEYa2000) L 20 schedule -arid odter schedules orecered by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9.3.2.2. Conferences and Mature - .Attend meeting with the -CONTRACTOR such as WnaWclion conferences.--oro¢ess meetinas other iob conferences and oreonre and circulate copies of minutes of meetings. 9.3.2.3:Liaison 9.3.23.L Serve as ENGINFER'S liaison with CONTRACTOR wvddm principally through CDN'rRAC7'OR5 superintendent to assisttheCAN'rRACfOR in undorstandine the Contract Documents. 3.2.3.2. Assist in obtaining from OC additional details or information, when required, for proper execution of the Work. 9,32.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample. bmission if the submission has not been Aliproved by the FNGINEER 932,4Review of Work. Reiection o[�Jefeaive lyork. Inspections and Tcsts - 9.3.2.4.1. Conduct on -site observations of the Work irr prryyess to assist the ENGINEER in dcterrninine that the Work is orcceedine in aocordance with the Contract Documents 9.3.2.4.3. Accompany visiting inspectors representing Nblic or Miter agencies having Lsdiction over the Project record the results of These inspections and report to the ENGINEER. 9.3.2.5. Interpretation of Contract Documens. Report to ENGINEER when clarifications and interuetations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Doc tmenta as issued by the IAMIN—UM 9.3.2.6. Modifications. Considerand evaluate CONTRACTORS smaestions for E1CDCOENEVI CONDITIOM 1910 9 (1990Edtim) vd aTY OF FORT COW to MODIFICATIONS ftW4R000) modification in Dmwinne or Specifications and report these recommendations to ENGINEER: A utmtlely "—it to CONTRACTOR decrsians ul by the to 9.3.2.7. Records F:>ENWE err_ 93.2 8.1. Furnish ENGINEER pedQ c reoons as required of the {xogress of the Ror�na and of the CONTRACTORS crnnpliance with the oror = schedule and schedule of shoo Drawing and sample submittals, .. Consult with INGAIEER in ndv -Mc oC schadulir4+ maim tests, ins1"t'ns or start oC important phases Of the Work. 9.3.28.3. Dreg proposed Change Orders and Work Directive Changes obtaining backup material from the CONTRACTOR and recommend to ENGINEER Change Orden. Work Directive > Chances and field orders 9.3.2.8.4. Report immediately to ENGINEER and OWNER the occurrence of any axident. 93 2 9 Payment Requests. Review applications ferment with CONTRACTOR for compliance with the atabhstied procedure for their .submission and forward with recommendation to • 0 r� u • ENGINEER noting particularly the relationsltia of r tremerds of the Contract Documents (in the the P aPayment requested to the schedule of values. Uawings or otherwise) as ENGINEER may d work completed and materials and egw�ment necessary, which shall be consistent with the intei delivered at the site but not incoreoratal m the reasonably inferable from the Contract Documen Work. iviitten clarifiwtiors and interpretations will be bi 9.3:2110. Campletiom 9.3:2:10.1. Before ENGINEER issues a Certificate of'Sulstantial Completion submit to. CONTRACTOR a lislof observed items repu¢inc correction or completion 9.3.2.10.2. Conductfinalinspection in the company of the ENGINEER. OWNER and CONTRACTOR :and prepare a final let of items to be corrected or completed. 9.3.2.10.3. .Observe that all items on the feral list have been corrected or corn picied and make recommendations to ENGINEER cmnceRnM aceepmnce 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1.. Authorize any -deviations. from the Contract Documents er accent any substitutc. materials.orpment gsnytjloriied by the. ENGFNEEP- 9.3.32... Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 9.3:3.3: Undertake any of the responsibilities of the CONTRACTOR Subeonutictrim or CONLRACTO)j�C superintendent. 9:3.3.4. Advise on or issue directions relative to, or resume control war an�pect of the means. "methods, techniques. sequences or procedures for consiructlon unless such is specificallycalled for in the Contract Documents: 9.33.5. Advise on or issue directions raga ddim or .assume control over s rgy precautions and promams in connections with the Work; 9.3.3.6. Accept Shoo Drawing, or sample submittals from anyone 'other than the CONTRACTOR 9.3.3-7.. .Authorise OWNER to occupy the Work in whole orin pan. 9.3.3.8. Participate in mccialin.:d field or labomto .tests or' - iorsconduciedb others except as soeci6wliy eu orize<I by the ENGINEER Ckurfrcahms and Interpreezovnr: :9.4. ENGINEER will ;«„•.with reasonable promptness such whiten clarifications w 'interpretation of the EJCDC (3174r" C0M17l ON31910-8(1990 Edtim) w QTy OF FORT OOLLINS MODIFICATIONS porgy 4/Ialp) OWNER and CONTRACTOR. If 0" series an aeJusanem mare w Times and the. parties are anal or extent thereo4 if any, C R may make e,wrilien claim cle 11 or Article 12. Authorised Variations inWork: 9.5. ENGINEER may authorim mirror variations in the Work from the requirements of the .Cni tcscl Documents.which do not involve an adjustment in the Contract Prior m the Contract Times and are compatible with the design, concept of the completed Project as a funcliorung whole as indicated by the Contract Docom ads. These may be accomplished by, a Field Order and will be binding an OWNER and also on CONTRACTOR who shall perform the Work invoked .promptly. ifOWNER or CONTRACTOR beficvesthata Field Orderjustifics an adJ"ustment in the Contract price a the Contmct Times and parties arc unable to agree "as to the .amount or extent thereof. OWNER: or CONTRACTOR may make a.writum claim therefo as ,provided in Article fl or 12. Rejecting Dejeubve Work, M. ENGINEER will hive authority to disapprove or reject Work which ENGINEER believes to bedefective. or that ENGINEER believes will not produce a completed Project that�cohforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a liatctioning whole as indicated by the Contract Documents ENGINEER will also have authonryto require special inspection or testing of the Workasprovided in paragraph 13.9, whether or not the Work is fabricated. installed m ccor heed Shop Drareinngs, Change Orders andPeryments: 9.7. In connection with ENGINEER's authority, as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28..iriclusive. 9.8. In connection with ENGINEER's authority m to Change Orders, we Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applimlicim for Payment, see'Article 14. Detomrnationsjor Unit Prices: 9.10. ,ENGINEER will determine the actual quantities and classification of Unit Prior Wmk performed'by CONTRACTOR. ENGINEER will review - with CONTRACTOR the ENGINEM's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and bindnig upon OWNER .and CONTRACTOR unless. within ten days after the date of arty such decision. either OWNER or CONTRACTOR delivem tothe other and to ENGINEER written notice of intention to appppecaal from KNGINEHR's decision and: '(i) an appeal from ENGINMR's decision is taken within the time hinds and inaccordance with the procedures set forth in Unibit GC -A, 'Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (u) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless 'otherwise agreed in writing by OUTER and CONTRACTOR Such appeal will not be subject to the proadures of paragraph 9.11. Decisions an Disputer: 9.11. ENGINEER will he the initial inierpreter of the requiremcnusofthe Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputers and other matters relating m theacecptabilig of the Woe{; or the interpretation of the requirements of the Contract Udcuna patai ong to the perComance and famishing of the Work andclaims undo Arocics 11 and 12 in ropcc[ of ehange's in the Contract Price or Cotract Times will he referred initially to ENGINEER in writing with a request fqr a formal decon in accedence with this paragraph. Written notice -of each such claim, dispute o other matter will he dchvared by the claimant to ENGINEER and the -other party to the Agreement promptly (but in no event later than thirty days) after the start of the oavrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of suciroaurence or event unless ENGINEER allows an additional period of time for the submission of additional a more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after moeipt of the claimanCs'last submittal (unlessENGINEER allows additional lime). written' decision on such claim, dispute nr other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreem ent", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (i) if no such Disputer Resolution Agreement has been entered into, a written notice of intention to appeal from L•NGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of compet ert J.urislioion to exercise such rights o remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws .and Regutatiots within silly days of the date of such EJCDCOENFAAL CONDIT10M I9105 (199a Edltim) 22 WICITY OF FORT COLLIES MODIFICATIONS (REV/rt000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and jute under paragraphs9.10 and 9.11, ENGINEER will no show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to an, such claim, di to a other matter (eRcep(anywhich have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition premdent to any exercise by OWNER orCONTRACTOR of such rights or remedies as either may otherwise have under the Contract Doeuntents or by Laws or Regulatiore.in respect of any such claim, dispute or other matter tie-Artiele-16. 9.13. Limitations on ENGINEER's Authority and RegwnubNldes: 9.133. Neither ENGINEFR's authority or resronsibility order this Article or under marryy other .provision of the Contmet Documentsno.anydecrsion made by FNGINEER in good faith either to excmise or not "ercisc such authority or responsibility or the undertaking ceocise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty, owed by ENGINEER to CONTRACTOR any Subcontractor, any .Supplier; any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will no supervise, direct, control or have authority over Or be responsible for CONTRACTOR's meant, methods, techniques, sequences or procedures of con urupion , or the safety pmcautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Lams and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor. any Supplier, or of any other person or organization performing or furnishing any of .the Work. 9.13.4. ENGINEER's review or the final Application for Payment..and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that thew content complies with the requirements of, and in the case of certificates of inspection tests and approvals that the results certified indicate compliance with, the Contract Documents 9.13.5. The limitations upon authority and C� • 0 • responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants ARTICLE 10—CHANGES IN THE WORK Without invalidsltmrh�g the-Agmment and without e to any surety, OWN'Eftmay, atany time or from to time, order additions, deletions -or revisions in the c Such additions, deletions or revisions will be sized by a Written Amendment a Change Order, or a Change Directive. Upon'receipt of any such, meet. CONTRACTOR shall promptly proceed with 4ork involved which will be perfamted under the cable conditions of tic ComractDocoments(exeept as. 10.2. If OWNER and CONTRACTOR are unable to •,agree as to the extent, if any; of mi adjustment in the Contract Prim or an adjustment of the Contract Times that should be al lowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I I or .Article 12. 10.3. CONTRACTOR shill not be entitled to an increase in the Contract Prim or an extension of the Contract Tames with respect to any Work performed that is not required by the Contract Documents as amended,_ modified and 'supplemented as, provided in paragraphs 3.5 and'3.6, except in the core of an emergency as provided in pamgmj)h 6.23 tar in the rose of uncovering Work as provided to paragraph 13.9. • 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. ,. changes in the Work which me.(i)'ordered by OWNL'A pusuen} to paragraph 10.1,'(ii) required bemuse of acceptance, of defech've Work under paragraph 13.13, or correcting defectim Work under paragraph 13,14, or (di) agreed to, by the parties; 10.4.2. changes in the Contract Price or Contract Times which we agreed to by the parties. and 10.4.3. changes in the Contract price or Contract Timm which embody the;substehce of any written decision tendered by ENGINEER pursuant to paragraph 9.11; provided,tiat, in lieu of executing any -such Change Order, an appeal may be taken from any such decision in accor Ace with the provisions of the Contract Documents and applicable Lows and Regulaiion; but during any such a I, 'CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in parxgraph6.29. 10.5. If rmtice of any change affecting the general scope of the:Work or the provisions of the Contract Documents i JCOCOENEk L COPUIIIONS 2910E (1990 E(btim) wr CITy or rOlt7 COLtn�lx MODIFICATIONS OtEV 4n am) (including, but not limited to„Cohuact Price.or'Contract Times) is required by the provisions of any Bond,to be given to a suretyty, the givmg ofarrysueh notice will be CONTEACTOR's respunsibilrty, avid the amount of each applicable Bond will be adjusted accordingly; ARTICLE .11—CHANGE OF CONTRACT PRICE 11.1, The Contract priceeonatimms the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. At�dwies. responsibilities and obligationsassigncd'to o undertaken by CONTRACTOR shall 6e m CONTRACTOR's expense without charge in the Contract Prim. 11.1 The Contract Price may only be changed by a Change Order or by.n Written Amendment Any claim for an adjustment in the Contact Price shall be based on written notice delivered by the patty making the claim to the other pwty'end to ENGINEER promptly.(but. in no event later than tarty days) after tie start of the occurrence or event giving rise to the claim end stating the general nature of the claim.. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the startof suchoccurrence or event (unless ENGINEER allows additionaftwo for claimant re submit additional or more accurate data in suppot of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all Mown amounts to which the claimam is entitled as a result of said occurrence or evenL All claims for adjustment in the Contract Prim shall be determined by ENGINEER in accordance with pmagmph9.11 if OWNER and CONTRACTOR. cannot othemse:egree on thhowncum involved. No claim for an adjustment in the Contract Prim will be valid if not submitted in accordance with this 11.3. The value of any Work covered by a'Charge Order or of any claim for an adjustment in the Contract Prim will be delermuud as follows: 11.3.1. where the Work"awolved is covered by unit j ccs contained in the Contract Daetmmems, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 SECTION 00100 INSTRUCTIONS TO BIDDERS • • paragraphs 11.9.1 through 11.9.3. inclusive): 11.3.2. where tin Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance .for overhead and profit not necessarily .a accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit .prices contained in the 'Contrail Ddcuments and agreement to 'a lump sum is .not reached under paragraph 11.3.2, on the basis of the Cost of the Work (detemumed as provided in paragraphs 11.4 and 11.5) plus a CONTRACT Ms fee for overhead rind profit (determined as provided in paragraph 11.6). Cost of the Work: It A. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in 'the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER such costs shall be in -amounts no higher than those prevailing in the locality of the Project, shall include only thefollowing items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Pa roll costs for employees in the direct employ of CONTRACTOR in the, perfa mantce'of the Work under schedules of job classificitions agreed upon by OWNER- and CONTRACTOR. Such employees shall include without limitation superintendents foramen and other personnel anployed full-time at the site. payroll costs for employees no employed full-time on the Work shall be apportioned an the basis of their time spent an the Work. Payroll costs shall includelutt-rux be limited to, salaries and wages plus the cost of fringe benefits which shall include social soeurity contributions, unemployment, excise and payroll taxes. workers' compensation health mil -retirement benefits; banusm, applicable thereto. The expenses of performing Work after regular working hours, on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER: 11.4.2. Cost of all materials: and equipment furnished and incorporated in the - Work, including costs of transportation mid storage thereof, and Suppliers' field services to wed in connection therewith All cash discounts shell .accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade riLwomds, rebates and refunds and returns from site of surplus materials mod equipment shag accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. Payments made by CONTRACTOR to the Subcontractors far Work performed or furnished by Subcoitmctors. If required by OWNER, EICOCOENMa CONDMON51910 9 (1990 Editim) 2-0 w/ CITY OF FORT COUINSMODIICATIONS (tEV 412000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER which bids, if any, will be accepted. - If any subcontract provides that the Subcontractor s to be paid on the basis,of Cost of the Wok plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs l I A, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as armlicable. 11.4.4. Costs of spectol consultants (including but not limited to engineers, architoeus, testing lalxnutorics, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees inmarcd in discharge of duties connected with the Work. 11.4.5:2. Cost, including transportation and maintenance, of .all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand foals not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.53. Rentals of all construction equipment and machinery and the perm thereof whether rented from CONTRACTOR w others in accordancewith rental agreements approved by OWNER with the advice of ENGINEER. and the costs of transportation leading, unloading, installation dismantling and removal thereof —all in accordance with terms of .said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the - Worl% and for which CONTRACTOR is liable, imposed by Laws and Regulation 11.4.5.5. Deposits lost for causes other than nec)'ugence of CONTRACTOR any Sul . ontractor or anyone directly or indirectly employed by any of them o for whose ects any of them may be Gable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related el7nensea) caused 135• damage to the Work, not compensated by insurance or otherwise, susmuned by CONTRACTOR in oomection with the • • performance and fumishaig'of the Work.(except 11.5.5. Costs due to the negligence of losses,aad damages within the,deduclibleamomts CONTRACTOR.`anY Subcontractor, or anyone :of .Iaoperty insurance established by OWNER in 5.91 4hey directly .or indirectly employed by unyy of them or for them be huble, including but accordance .with paragraph provided have resulted ' from causes other than the whose as any of may not, limited to, the correction of *festive Work negligence of CONTRACTOR,: any Subbcontractor, daeelly indirectly disposal of mntenals or equipment wrongly. supplied damage to a any or employed byof them a for whose acts any of and making good any, property: them ,may lie liable. Such .lasses shall include 1156. Other overhead or general expense costs of settlements made with the' written consent and arty kind and the costs of tiny iteinnot specifically and ,approval of OWNER. No such lases, damages expressly included in paragraph 11.4. and e.xpenses shall be included in the Cost of the 'Work for the purpose of detIM' 6ing 11.6. The CONTRACTOR's fee .allowed to CONTRACTOR's fee:, It however, my such loss CONTRACTOR for overhead and profit shall be or damage requires reconstruction and determined as follows: CONTRACTOR is placed in charge theroaC "CONTRACTOR shall be paid for services a fee 11.6.1. a mutuallyacceptable fixed f«; or proportionate to that stated in paragraph 11.6.2. 11.6.2. if a fixed fee is not agreed upon, then a fee 11.43.7. The cost of utilitics; fuel and sanitary based on, the following percentages of the various facilities at the site. - portionof the Cost of the Work: 11.4,S.ti. Mine` expenses such:as-tclegrams, 11,62.1. for costs incurred under long distance telephone calls, telephone service at paragraphs:11.4.1. wad 11.4.2. the the'site, expressage and similar petty cash items in CONTRACTOR's fee shall be fiRcen percent; connection with the Work. . 114.12. for costs incurred mdcr 11.4.5.9. Cost of premiums for additional Bonds paragraph-11.4.3, the CONTRACTOR's fee shall and insurance required because of changes in the be five percent: Work. 11.6.2.3. where one a more tiers of 11.5. The term Cost of the Work shall not incluckmy of subcontracts are on the basis of Coat of the Work the following:, - plus a fee and nofixedfee is agreed upon, the intent of. paragraphs 11.4.1,. 11.4.2,'11.4.3 and 11.5.1. Payroll costs and other compensation of 11.6.2 is that the .Subcontractor who actually CONTRACTOTs officers, executives, principals (of performs or furnishes the Work at whatever tier,' partnership and sole proprietorships), general managers, - will be paid a fce.of fifteen Percent of the costs • engineers, architects. estimators. attorneys, auditors, incurred by such Subcontractor under pamgraphs zcoountarnts, purchasing. and conVadug.. :agents, 11.4.1 and 11.42 and that any higher tier eigrediters, tanekeepers, clerks and other personnel Subcontractor -and CONTRACTOR will each be employed by. CONTRACTOR whether at the site or in paid.a fee-of-lwv Pemwa of4 eawnwum-pAid-to CONTRACTOR's principal aa branch office for the-rrci t owertke Subexmtmete , to be negotiated genera] administration of the Work.and not specifically good faith with the OWNER but not to exceed .included in the agreed upon schedule., of .job five percent of the amount paid to the next lower classifications referred to in paragraph 11.4.1 or tier Subcontractor. specifically covered bdmparnpfaph I IA.4a11 of which are to be avisndered ainistrative costs covered by the 11.6.2.4. no fee shall bepayable on the basis CONTRACTOR's fee. of costs itemized under paragraphs 11.4.4. 11.4.5 and 11.5; 11.5.2. Expenses ofCONTRACTOR's principal and branch offices other than CONTRACTOR's office at 11.6.2.5. the amountn of credit to be allowed the site. by CONTRACTOR to OWNER for any. change whicif results in a net decrease in cost will be the 11.53. Any part of CONTRACTOR' capital. amount of the actual net decrease in cost plus a expenses; mcludmg interest on CONTRACTOR'S deduction in CONTRACTOR' fee by an amount capital employed for tfe' Work. and charges against equal to five percent of such net decrease; and CONTRACTOR for delinquent payments. ' 11.6.2.6. when both additions and credits we .11.5.4. "Cost of premiums fa all Bonk=end for all insurance not CONTRACTOR is required involved in an me charge, the adjustment in CONTRACTOR'S fee be computed whether or by die -Contract Documents to purchase, and maintain shall on,the basis ,.of the' net chs, ge in accadsinoe with the same (except for the coo of �miums covered by paragraphs 11.6.2.1 through 11.6.2.5, inclusive. subparagraph 11.4.5.9 above). 11.7. Whenever the cast of any Wok is to be 61COCOaa RAL coma noNs 19108 (19901idtiuu) 25 wi QTY OF FORT OOLUNS MODIFICATIONS Q16V 4R0D0) 0 determined pursuant to paragraphs l L4 and 11.5,. CONTRACTOR will establish and maintain records thereof in accordance withgenerally accepted accounting practices and submit in form acceptable to ENGINEER an itemizod cost breakdown together with supporting data. Cash Allimmces: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents ard'shall muse the Work so covered to be furnished and performed for such sums as may be acceptable m OWNER.aid ENGINEER CONTRACTOR agrees that: 11.8:1. the allowances include the cost to CONTRACTOR (less army applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, hictallation costs, overhead, profit and other expenses contemplated for the allowancahave been included in the Commit price and not in the allowances and no demand for additional payman on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be cd as rmommended by FNGINF.F.R to mflcct actual amounts due CONTRACTOR on acontnnt of Work covered by allowances, and the Contract Price shall be correspondingly adjusted I1.9. Unit Price Nark 11.9.1. Where the Contract Documents provide that all or. part of the Work is to be Unit Price Work, autially the Contract Price will be deemed to include fer all Unit Price Work an aniount equal to the sum of the established unit prices for each separately identified item of Unit Prim Work lima the estimated quantity of each -item as indicated in the Agreement. The estimated quantities of items of Unit Price Work me not guaranteed and are solely for the purpose of comparison of ©ids and determining an initial Contract Price. Determinations of the actual quantities and dassiftcations of Unit Prim Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit Price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER car CONTRACTOR may make a claim for an adjustment in the Contract Prim in accordance with Article I j if. 11.9.3.1. the quantity of any item of Unit Price Work licrt'ormod by CONTRACTOR differ materially and significantly from the estimated quantity of such item indicated in the Agreement; EICDCOENFRN. CONDITIOM 1910-9 0990 E6am) 26 w/CITY OF FORT COLLIM MODIRCAMONS lREV4rro00) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work, and 11.9.3.3, if CONTRACTOR believes that CONTRACTOR 'a entitled loan increase in Contract Price as -a result of having incurred additional :expense or OWNER believes that OWNER is entitled td a decrease in Contract Price and the parties are unable to agree as to the amount of any such inaaease or decrease. 11.9.3.4. CONTRACTOR acknowledges- that the OWNER has the right to add or delete items in the Rid or chi c ntitia at OWNER'S sole discretion withoulea lain¢ the Contract Prim of any remaining item m long as the dcicuon or addition does no. exceed byenly-five cercenl of the original total Contract Prim. ARTICLE 12-CHANGE OF CONTRACT TIMUS 12.1. The Commct Times far Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milesmrxs) shall be = on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (butinno event later than thirty days) after the ocaurence of the even[ gtvlmg rise to the claim and stating the genctal nature of the claim. Notice of,the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows.additional time to ascertain more accurate data in support' of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrenceof said event. All claims for adjustment in the Contract Times (or Milestones) shill be determiined by ENGINEER in accordance with paragraph9.11 If OWNER and CONTRACTOR cannot otherwise agree. No claim fm an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract. Documents we of the essence of the Agreement. 12.3. Whet CONTRACTOR is prevented from completing any par{ of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Timm (a Milestone's) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in pamgmph 121. Delays beyond the control of CONTRACTOR shag include, but net be limited to, acts or negled by OWNER, acts or neglect of utility owners or other comradors performing other work as cantemplated by Article 7, fires; Eoods, epidemics, abnormal weather conditions or acts of Crud Delays attributable to and • 0 • within the ccntrol�of a Subcontractor's or Supplier,shall be .deemed to be delays within the control of CONTRACTOR 12.4. Where .CONTRACTOR is prevented from completing any pan of the Work within the Contract Times (or Milestones) due to'delayy beyond the control of both OWNER and CONTRACTOR; an extension of the Contract Times (or Milestones). in'an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for,such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization.or to any surety for oremployee or agent of any of them; for damages wising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR or (f) delays, bevond the control of both parties inclucleri& but not limited to; fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners' w other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR A.CCFA`TANCE OF DEFECTIVE:WORK 13:1- Notice of De eds: Prompt notice of all defective Work of which OWNERor ENGINEER have actual knowledge will be ..given to .CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: • 13.2.. OWNER ENGINEER ENGINEERS .other representatives and Personnel of will have trews to the Work at r observation,' inspecting and shall provide them proper and, access and advise them of typrocedures, acid programs so, Teats an d Inspections:• 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to fecililate required inspections or tests. 13A. OWNER shall employ. and pay Tor the services of an inrkpendem testing 'Iaboratory to .perform all inspections. tests, or approvals ve4uned'by the Contract Documents except: 13.4.1. for inspections; tests or approvals covered by paragraph 13:5 below: 13.4:2: that costs incurred in connection with tests or inTectiors conducted pursuant to .paragraph 13.9 F3COCOENERAL CONDITIONS 19104 (IM Edition) w ciTY OF FORT COLlim MODnICArioNS(REV412000) 0 below shall be paid as 'provided .in -acid paragraph93.9; and 13.4.3. as otherwise specifically provided: in the Contract Documents. or obtaining such inspection, tests or approvals, pay.all costs in cramectim therewith, and furnish ENGINEER the required certificates of inspection. or approval. CONTRACTOR shall also be responsible for arranging and obtaining ,and shall pay all costs in c{meection with any inspections, tests orapprovals required for OWNER's and ENGINEER's acceptance of materials or equipincer to be incorporated in the Work, or of mmcriats; mix designs, or cgqwwpmcnt submitted for approval prior to CONTRACTOR's.,purchase thereof or incorporation in the Work. 13:6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER; it must, if requestcd'by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as providedin paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR'sintention to cover the sane and ENGINEER has not acted with reasonable promptttm in response to such notice. Uncovering Work: 13.8. If any Work is coveted contrary to the written request of ENGINEER it must, if requested by ENGINEER, be uncovered for ENGINEEWs observation and replaced at CONTRACTOR's expense. 13.9. if ENGINEER considers it necessary. or advisable that covered Work be observed by ENGINEER or inspected . -'a bested by others CONTRACTOR at re avauame nor ooservauten, inspection or res as 3INEER may require, that portion of. the Won - in stion furnishing all necessary labor, material and ipment If it isfoundthat such Work is defective, NTRACTOR shall pay all claims, costs, losses and togas caused by, wising our of or resulting -from such oveniT, exposure, observation, inspection and testing of satisfactory replacement or reconstruction ludaig but not limited to ;all cogs of repair or acement of work of others); and OWNER shall be fled to an appropriate decrease in the Contract Price, ,.if the panics me unable to: agree asto'the amount cot may make claim therefor ere provided in di 11. If, however, such Work is not fotmd.to be -edve,.CONTRACTOR shall be allowed an increase in Contract Price or an extension of the Contract Times Milestones), or both, directly attributable to such 27 uncovering, exposure, observation. inspection, testing. replacement and reconswetiom and, if .the .parties we unable to agree asto the amcuN or .extent thereof. CONTRACTOR may make aclaim therefor as provided in Articles 1 I and 12. OWNER Mary Stop the Work: 13,10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or _equipment, or fails to furnish or perform the Work in sudn a -way that the completed Work will conform to the Contract :Documents, OWNER may order. CONTRACTOR to stop .the Work, or any portion thereof, until the cause for such order has been eliminwed; however, this right of OWNER tostop the Work shall not give rise to any duty on the part Of GINNER to ee;crcisc this right for the benefit of 'CONTRACTOR or ar y surety or other party. Correction or Removal of Defective Work 13J L If required by FNGINEER, CONTRACTOR. shall proimptly. as dircoted either correct all defectnre Work, whether or not fabricates, installed or completed, or, if the Work has been rejected by.FNGINEERR, remove it from the site and replace it with Work that is not defective. 'CONTRACTOR shall pay all claims, carts, losses and damages caused by or resulting from such correction or removal (including but not limited to all cots of repair or replacement of work of others). 13.12. Comcdon Period: 13.12.1. If within one-year two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Wok is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER remove it from the site and replace it with Work thatisnot defective, and (ii) IT CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious .risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced. and all claims, ousts, lasses and damages caused by or resulting from such removal and replacement (including tbut not limited to all costs of repair or replacement of work of others)will be laid by CONTRACTOR 13.1S2.1n special circumstances wherea particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the carectiart period for that item may start m run from an senior date i[ so provided in the Specifications or by Written Amendment. 13-123. Where defective Work (and damage to other EICDC GENERAL CONDITIOM 191"(1990E(itim) 28 ad CITY OF FORT OOL11M MODIFICATIONS MV41t00D) Work resulIII therefrom) has been corrected removed m III therefrom) under this paragraph 1112, the correction period hereunder with respect to suds Work will be extended for an additional period of ana'yem two veers after such correction or removal and replacement has been satisfactorily'completod. Aemptancc ofDefecdveWorh: 13.13. If, irniced of requiring contaion or remmnl end replacement of defective Work. OWNER -(and, prior to ENGINEER's rccommcnndalion of full payment also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all .claims, costs, losses and damages attributable to OWNER's" evaluation of and such acceptance occurs prior to FNGINF.ER's rommmendatnon of final payment a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Rice, and if the ppaartis are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amourd will be paid by CONTRACTOR to OWNER. 01VA'.ER 3Tav Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial achorr, OWNER may exclude CONTRACTOR from all or part of - the site, take possessiorof all or par[ of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and mcorpomte in the Work .all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which .ere stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNEYs other contractors and ENGINEER and INGINEER's Consultants access to the site to enable OWNER to exercise the ri��++hhis and remedies under this paragraph.. All claims. costs, Curses and damages incurred or sustained by OWNER in exercising such rights snit remedies will be charivd against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shell be entitled to in appropriate decrease in the Contract price, and, if the parties arc unable to agree as to the amount thereof, OWNER may make a claim therefor ae provided in Article 11. Such claims, cents, losses and 0 0 • 1� u damages will include but not be limited to all costs of .repair or replacement of work of others destroyed or damaged by correction removal or, replacement of CONTRACTOR's defective Work. .CONTRACTOR shall not be allowed in extension of the Contract Tines (or Ivtilesiones) because of any, delay inperformance of the Work attributable to the exercise by OWNER of OW=''s rights and remedies hereunder. ARTICLE 14—PAMENTS TO CONTRACTOR AND COMPLETION Schedule of I'aluesr 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be in��tporatcd into a form of Applin4 m for Payment aaeptab(e to ENGINEQ2. liagres payments ai acceunt of Unit Price Work will be beseA on the number of units completed. Application for Pmgrew Payment• 14.2. At lcast twenty, days before the date established fo each progress payment (but not more often than once a moth), CONTRACTOR "half submit to ENGE4C•ER Cor review at A licauonfor Pa inept filled ourand signed try CONI'RAC OR on the Work completed es of the date of, the Applieautm anil eaomparaed by such supporting documentation -.as is roquucd by the Cantrao. Um sent". If payment is requested on idic Fiasis ,af' materials and oquipmem not incorporated in the Work but delivered and suitably, stored at -the site or at another loiabon agreed m m writing the Application for Payment shall also�be accorepannied by a.bill of sate, invoice another elocomemtation wartantingdnat OWNER has received the materials and"equipment free and clear of all Lien's and evidence that the materials and equipment are covered by appropriate property insurance :and other, arrangements to praect. OWNE2's interest therein, .all of which will be satisfactory to OWNER. The amount of reminagewith resoeo.to craziest uavments will be as stipulated in the ot *M CONTRACTOR's Warranty of Tide:. 14.3. CONTRACTOR warrants and guarantees that tide to all Wort:, materials and equipment covered by any Appliction far Payment, whether incorporated in the Project a not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review ofApplicindom fur ProgrewPayment 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDCOENh'RAI, CONDITIONS 19105 (1990 Edlim) RYaTV OF FORT CUL11M MODIhCATIONSOMV 4rt000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter ease, -CONTRACTOR may make'the necessary corrections and resubmit the 44Application., Ten days after presenn ticn of the h abort for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due. and when due will be paid by: OWNER to CONTRACTOR 143. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEP,R's on=site observations of the executed Work as an experienced and qualified design profosional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENG[NEER's knowledge, information and belief. 94.5.1. the Work has progresed to .the point indicated, 14.5.2. the quality of the Work is ganerally in .accordance with the Contract Documents (subjectto an evaluation of the Work as a functiomrg whole prior to or upon Substantial Completion, to the results of any.obsequent tests called for in the Contract Documcros .to a final determination of quantities and classifications for Unit Price Wok under paragraph 9.1(), andto any other qualifications stated in the recommendation), and 14.53. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been 'fulfilled insofar as it is ENGINEER's respomrbibty to observe the Work': any such payment be deemed to have the Work assigned to rr(a) that IN veer the FOR to be % 14.6. ENGINEER's recommendation of tiny payment, including final payment. shall not mean dial ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for arty failure of CONTRACTOR to comply with Laws and Regulati6ris applicable to the furnishing or performance, of Work, or for any failure of CONTRACTOR _. to perform or furnish .Worts in 14.7. ENGINEER may refuse to vzommernd the whole or any part of any payment 1 in ENGINEER's opinion, it would be-inwrrect to make the representations to 29. OWNER referred to in pamgmph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or teals, nullify any suchpayment Previously recommended, to such extent as may be necessary in ENGINERR's .opinion to. protect OWNER Gott loss because': 14.7.1. the Work is defective; or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment a Charge Order, 14.7.3. OWNER has been required to correct &-fecrnre Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have ban made against OWNER on amount of CONTRACfOR's performance or famishing of the Work, 14.7,6. Licas have been filed in connection with the Work, except where CONTRACTOR has delivered a :specific Bond satisfactory to OWNER to 'secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER ton set- off against the amount recommended or 14.7.8. OWNER has actual knowledge of the Occurrence or any of the events enumerated 'in parogniphs 14.7.1 through 14.7.3 or pamgmplu 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) suiting the reasons for such action and promptly pay CONTRACTOR the amount so withhelr( or any ad ustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR atrrects to OWNER'S satisfaction the reasons for such action Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in that the calve Wok is substantially complete (except for items specifically fisted by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER - CONTRACTOR and ENGINEER shall make an inspection of the Work to detrnninc the status of completion. If ENGINEER does not consider the Work substantially complete. ENGINEER will notify CONTRACTOR inwriting giving the reasons therefor. If ENGINEER EKDCOEI✓EIVI CAND1TIOM 19108 (1990 Edition) 30 .1a Ty OF FORT OOLUM MODIFICATIONS ft-V 4R000) considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fir the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before finial payment OWNER shall haveseven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached List. If, after cons" such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will widhm foortecri daysafter submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNFR's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days. cxaute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative Est of items to be completed or corrected) reflecting such changesfrom the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative_ccrtificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with resRoct in security, operation safety, maintenance, heat, utilities, insurance and warranties and guammees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINFER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommenclation will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work' after the date of Substantial Completion but OWNER shall allow CONTRACTOR reasonable access to complete or corral items on the tentative list Partial Utilization: 14.10. Use by OWNER at OWNER's option of arty substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (a)OWNER, ENGINEER and CONTRACTOR agree comtitutm a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of tlhe remainder of the Work, may be accomplished prim to Substantial Completion of all the Wok subject to the following: 14a0.1.OWNER at any time .may request CONTRACTOR in writing to permit OWNER to use, any such part of the Walt which OWNER believes to be ready for its intended use and substantially compplete. If CONTRACTOR agrees that such part of the lend: is substantially complete, CONTRACTOR will certify to OWNER and. ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. E • 11 such r:rvtruvurstc M211 maze an trtspecna the Work to determine its status of ENGINEER does not consider that pm be substantially ':'complete. ENGINE ER and to famish such a release or receipt in full, omrders CONTRACTOR may famish a Bond or other collateral ded use satisfactory to OWNER to indemnify OWNER against EER to any.Liep.'Releases or waivers of liens and the consent of for that the suncty to Ctna' a 1mvinent Are to be. bmittoi on a either forms conforming to the format of the OWNER'S standard I and forms bounden the Proied manual. Port of ion If Find Payment andAcceptarrm the Work to be substantially complete, the provision of pamgmphs 14.8 aid 14.9 will apply with respect to certification ofSubstantial Completion of that part of the Work and the division of responsibility iri respect thereof and access therein. 14.10.2. No occupancy or separate operation of pan of the Work will be accomplished prior to compliance .with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the otire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with,OWNER and CONTRACTOR and will notify -,CONTRACTOR in writing of all particulars in which this inspection reveals that the Wok is incomplete or dfective. CONTRACTOR shag immediately take such measures snare necessary to complete such work or rc miedy such deficiencies. Final Application forPayrnenC 14.13. If on the basis of ENGINEER's observation of the Work during construction and final inpectron.'annd ENGINEER's review of the rim Application for payment and accompanying documentation-as.requined by the Contract Docimnents, ENGINEER is satisfied that the Work has' been conmlctcd and CONTRACTOR's other fulfilled, -ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and prevent the Application to OWNER for payment. At the: same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the ,provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating_in writing the masons for refusing to'recornmend final payment, in which ease CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation w OWNER of the Application and accompany. documentation, in appropriate Conn end sulmsnanrc and with ENGINEER's recommendation and notice of acceptability, the Amount recommended by ENGINEER will .become duo- and will be paid by _OWNER to CONTRACTOR subicct to oaraamnh 1762"af slide GenemlConditioms. 14.12. After CONTRACTOR has completed all such 14.14, It through no fault of CONTRACTOR, foal corrections to the satisfaction of ENGINEER and defivered completion of the Work is significartllyy delayed and if in accordance with . the Contract Documciits all. ENGINEER so confum% OWNER shrill, upon receipt of mamtenanee and operating instructions. schedules.. CONTRACTOR's final Application for Payment,and guarantees, Bed; .certificates or ;other evidence of recommendation of ENGINEER, and without terminating insurance required by paragraph 5.4, certificates of the Agreement,make payment of the ba once due for that irnspect"u, marked -up ri cord documents (as provided N portion of the Work fully completed and accepted If the paragraph G.19) and other i ems,. CONTRAC7OR remaining balance to be held by OWNER for Work not may make "E"a"hon fo final paymert following the, fully eompleled or corrected is less than the remiringe procedure to progress payments. The fool Appfirntion Cor stipulated m the. Agreement, and if Bonds .have been Payment drall he nccompnnied Sexcepl av previosly furnished: ns required in paragraph 5.1. the written consent delivered) by: (i) eV_ documentahon called far in the of the surety to; the payment of the balance due for that Contract Documents. including but notlimited. to the portion of the Work fully completed and accepted shall be evidence of insurance reguired by subpamgreph 5.4.13, submitted by CONTRACTOR to ENGINEER. with the (it.) consent orthe surety, if any, to Lout payment, arid Application for such payment. Such payment shall be (iii),coppIa. and legally efledive releases, or waivers made under the terms and. conditions governing final (satsfactor� to OWNER) of all Liens arrsing out of or filed - payment, except that it shall not constitute ,a:waiver of in connecllon with the Work In lieu of we releases or claims. Waivers of Liens and' as approved by OWNER, CONTRACTOR may Cumtsh receipts or releases in full Waiver of Clams and affidavit of CONTRACTOR that: Ot the releases and receipts include all labors services, material and equipment 14.15. The making and acceptance of final payment will for which u Lien could be filed and (ii)all payrolls, constitute: material and equipment bins, and other indebledwsi. connected with the Work for which OWNER 'or OWNER' 14.15.1.a waiver of all claims by against inst property might in any way be responsible have been paid or CONTRACTOR except , claims .arising from otherwise satisfied. If any Subcontnactor or Supplier fails unsettled Liens, from dfecttve Work appearing After WCDCOENERAL CONDITIONS 1910-8 (1M Edo�n) w ci ry Or FORT WLUM Nu)DIFICATIONs(FryLEV V2000) r-I L 31 hrel vs CI= pursuant to paragraph 14.11. from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contact Documents; and 14.15:2.A waiver of all claims by CONTRACTOR against OWNER other than them previously made in writing and still unsettled .ARTICLE IS. -SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or arty portion thereof for a period of not more than ninety days by notice in writing to 'CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the. Contract Prim or an extension of the Contract Times, or both, directly .attributable to any such suspension if CONTRACTOR .makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate:. 152. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordant; with the Contract Documents (including but not limited to, failure to supply sufficient skilled workers or suitable materials a equipment or failure to adhere to the progress schedule established under puagmph29 a§ adjusted From time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body havingjunsdiction; 15.2.b. if CONTRACTOR disregards the authorityof ENGINEER cr 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surelif any) seven days-%vriuen notice and to the extent .permity, ted by Laws and Regulations, terminate the services of CONTRACTORexclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, applimscm construction equipment and machineryat the site and use the same to Use full extent they could be used by CONTRACTOR (withcut liability to CONTRACTOR for trespass -or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EICDCOEHa AL CONDITIONS 191" (1990 Edtim) 32 vvl MY OF FORT COLUM MODIFICATIOM (Mi V412000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contact Price exceeds ill claims, casts, lows and damages sustained by OWNER arising cut of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs,.lossu and by ENGINEERis to their reasonableness and when so approved by ENGINEER incorporated ins Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be resumed to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR'% services have been so terminated by OWNER, the termination willnot affect any rights or remedies of OWNER against CONTRACTOR then existurg'm which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR Iran liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work exteuted in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prim to the effective date of temunation in performing services and fitirush'ung labor, materials a equipment as required by the Contract Documents inconnection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages trimmed in settlement of terminated contracts with Subcontractors. Suppliers and others; and 15.4.4. for reasonable c*q n directly attributable totennination. CONTRACTOR shall not he paid anamount of less of anticipated profits or revenue or other economic loss arising out of or resulting from; such termination. CONTRACTOR May Snap Work or Terminate 155. It through no out or fault of CONTRACTOR the Work is suspended for a period of more than ninety days by OWNER or under an orda of court or other public authority; or ENGINEER fails to actpn any, Application for 1%ymenl within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any f7 U • ID sum finally determined to be due, thc&CONTRACTOR may, upon seven rays' written notice to OWNER .and ENIOR EER, and provided OWNER or ENGINEERdo not remedy such suspttmon or failure within that time, terminate' the Alpeemea -anal recover from DOWNER payment on the same turns es provided in paragraph"15.4. In lieu of tenoinal14 the Agrecmem and without prejudice to any other right or remedy, if ENGINEER has faded to to thereon. l"he provntors nl this paragraph 155 are not 'intende,d to preclude CONTRACTOR. from making claim under Articles I 1 and 12 for an increase in Contract price or Contract Times or otherwise for expenses or damage' directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. .ARTICLE 16—DISPUTE RPSOLOTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for mewing disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if my, shall be as .set forth in Exhibit(.GA, "Dispute Resolution AgreaoeriV,.to bc.amiched hereto and made a part hacof. If no;such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions oflamgephs9.10, 9.11"and ,9.12. OV44M and CONTRACTOR may exercise such • rights or remedies a% either may otherwise have under the Contract Documents or by Laws or Regulation in respect •of my dispute. ARTICLE I7—NUSCELLANEOUS Gii i ng Notice 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given it delivered in person toi the individual or to a member of the firm, or to an officer of the corporation for whom it is intended or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address knm,m to the giver of the notice. 17.2. Contputution of Time., 17.2:1. When any period of time 'is referred to -in the Contract Documents by days, it will be computed to 'exclude the first and include the Last day,of such period. If the last day of any such period falls m 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. E1CDC OENERAL COMMONS 1910-5 (1990 Editim) w/CITY OF FORT Cb],U149 MODIFICATIONS (REV 4R0D0) 173:2. A calendar flay of twemy-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission m act of the other oanv or of anv, of the other to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this maraRmph 17.3'shall not be construed as a substitute 17A. The duties and obligations unposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guatantees and obligations imposed upon CONTRACTOR by pamgmphs6.12; 6.16. 6.30, 6.31, 6.32, 13.1, 13-12,13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitatiar of, any rights and remedies available to any orall of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents,and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Feerand Court Cosa Include L, 17.5. Whenever reference is made to 'claims; costs, loses and damages', it shall include in each case, but not be limited to, all fees and charges of engineers; architects. attorneys and other professionals and all court cr arbitration or other dispute resolution costs. 17.6. The laws of the State of Colomdo apply 91w;i eemenl.. Reference to two pertinent Colorado statutes are as follows 17.6.2. If a claim is filed OANER-is required by law (CRS 38-26-107) to withhold from all payments m CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials team hire. sustenanm provisions, provender. or other supplies used .or consumed by CONTRACTOR or his 33 SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 0 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the • EICUCOENERAL CONDITIOM 1910-9 (1990 EOilim) 34 w/ CITY OF FORT COLLINS MODII4CKnONS(RLV 41200O) 0 11 (This page M blank intentionally.) • 6)CDCOENERAL CONDITIONS 1910.8 (1990 edli n) W CITY OF FORT COL11M MODIFICATIONS (REV V2000) 0 35 EXDCOE.IERAL CONDITIONS 191019(1990 Emlim) 3� W1 CITY OFFORT COLLINS MODInCATIONS(REV 42000) 0 164. in below, EX MIT GC -A to General Conditions Except as provided paragraph 16.5 no arbitration arising out of or reltift,to the Contract oT the Construction Contract. Between Documents shall include by consolidation, joinder or.m any OWNER and CONTRACTOR other manner any other person or entity. (including ENGINEER; ENGINEER's Coraultant and the of icers; directors, "agents, employees or consulonts of my of them) who is not a parry to this contract unless: DISPUTE RESOLUTION AGREEMENT 16.4. L the inclusion of such other person or entityis necessary if complete- .relief is to be e(ibrded among those who;are already parties to the arbitartim,'and 'OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Consauction 16.4.2. such other pi n or entity is substantially 'Contract between OWNER and CONTRACTOR is involved in a question of law or fact which is common to those who are already parties to the arbitration and amended to include the following agreement of the parties: which will arise in suck proceedings, and 16,,1. All claims, disputes and other matters in. question between.OWNER and CONTRACTOR arising 16.4.3. the written -consent of the other person or 'included out of or relating to the Contract Documents or the breach entity. sought to be and of OWNER and CONTRACTOR has been obtained for such inclusion, thereof (ezecpt For claims which have been waived by the' which consent shall make specific reference to this making or acceptance of final payment as provided by a&°Nt� but fa such edit era shall atlly icri ed paragraph 14.15) will be decided by arbitration in to d un arbitration ifi described dispute not speith accordance with the Construction Industry Arbitration Rules the American Arbitration :Association then sp such consent any nt or to arbitration with any tarty not of obleiningrsublect tojhe limitations cf the Article 16. This fie c specifically identified in such consent. agreement se to .arbitrate and any other agreement or 16.5. Notwithstanding paragraph 16.4, if a claim, consent to arbitrate entered into in accordance herewith as Provided in this Article 16 will bespeciftcaily enforceable dispute or oilier matter in question betwceri OWNER and thcprcvailirg law oCany court having jurisdiction CONTRACTOR involves the Work of a Subcontractor, either OWNER CONTRACTOR join 16.2.. No demand for arbitration of any claim, dispute ... or may such Subcontractor as a. party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall or other mmnr that r required to to include in all subcontracts required by, paragraph 6.11'a ENGINEER initially for decision in cc dance with o(a) vision wherebythe Subcontracto.comcnts to specific �o the made until the earner of (a) the date earlier paragraph E9.11 NGINEER m which ENGINEER has rendered a written decision or being Joined in arbitration between OWNER and (b) the thirty-first clay after the parties have presented their. CONTRACTOR involving the Wok of such this paragraph inthe evidence to ENGINEER of a written decision has not been rendered by ENGINEER before that date. No demand for proSu vision of s h sub onthing'in of such tact of ndenor shall lac arbitration of any such claim, dispute. or other matter will create an right wade any claim, right o cease of action in favor of usecorof on in favor Subcontractor and s OWNER, ENGINEER of be made later than thirty days after the date on which INGINEER'sComultantth�tdcesriot otherwise eclat. Consultants t ENGINEER has rendered a written. decision in respect thereof in accordance with paragraph 9.1 % and the failure 16.6. The award rendered by the arbitrators will be to demand arbitration within said thirty days' period will result in ENGINEER's decision being finial and binding final, judgment may be, entered upon it in my court having upon OWNER and CONTRACTOR If ENGINEER juriuhction thereof and it will not be 'subject to I modification orappeal. renders a decision after arbitration. proceedings have been initiated such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the OWNER and CONTRACTOR .agree that they l decision is acceptable to the parties concerned. No demand f -1 ownteshall Cast submit any and all u ors in claims, aims,disputes, and other he question for arbitration of tiny written decision of ENGINEER jut between them arising out or relating to the Contract -brig to rendered accordance with paragraph 9.10.will be made later than ten days. after the party making such demand has Documents thereof the broach trati o ("disputes"), to mediation delivered written notice of intention to appeal as provided by the a by the, American Arbitration Assocmhon under the Construction Industry Mediation Rules of the American N paragaph 9.10. Arbitration Association prier to either of them initiating 16:3. Notice of the demand for arbitration will be against the other a demand for arbitration pnsuarnt to filed in writing with the other party to the Agreement and Paragraphs 16.1 through. 16.6. unless :delay in initialing arbitration would irrevocably prejudice one of the parties. with the Amencan Arbitration Association, and a copy will be'sent ENGINEER for information The demand Co The respective thirty and ten day time limits within which ,to .arbitration will be made within thc'thirty<dey or ter -day trifle a demand for arbitration as provided in paragraphs Period specified in paragraph 16.2 as applicable, end in all 16.2 and 16.3 above shall_be suspended with respect to a other cases within a reasonable time after the claim, dispute dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten 0 other minter in question has arisen, and in no event shall any such demerd be made after the date when institution of drays after thetermination of he mediation. The mediator legal or equitable Oceedi gs based on sudi claim,;dispute le of any dispute submitted to mediation underthis Agreement shall port serve as arbnhator of such dispute unless.Mherwae other matter in question would he haired by the agreed. applicable statute of limimaos. E16C OENERAL CONDITIONS 19108 (1990Edtiml Moiil - W aTY OF FORT. COLUM MODIFICATIONS (REV 9An9) C1 EJCDC OENERAL CONDITIONS 1910.8 (1990 EMM) w/CRY OF FORTCOLLINS MODIFICATIONS (REV 9M) GC -Al �J E 0 n U CJ 0 SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: N/A Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph • 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: N/A SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). • SC-8.10 OWNER's Project Manager A. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The Project Manager shall have the authority set forth in the OWNER's Capital Project Procedures Manual. The Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for • construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work, or for any failure of the Contractor to comply with laws and regulation applicable t6 the performance or furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Resident Construction Inspector(s) (RCI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any RCI assignments. The RCI shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The RCI • will not be responsible for CONTRACTOR's failure to perform or SC-12.3 SC-13.12 furnish the Work in accordance with the Contract Documents. • The RCI's dealings in matters pertaining to the on -site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. Correction Period: 13.12.1 If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, an Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions ... 0 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment • 0 • ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder • that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Owner's Project Manager, Brian Hergott at bdhergott@fcgov.com or 970-221-6804. Questions regarding submittal of bids should be directed to John Stephens at jtephens@fcgov.com or 970-221-6777 in the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 0 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 7660 Block 32 Deconstruction/Dismantle CONTRACTOR: Alpine Demolition Inc. PROJECT NUMBER: 7660 Block 32 Deconstruction/Dismantle DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % .ADJUSTED CONTRACT COST - $ .00 (Assuming all change orders approved) ACCEPTED BY: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing DATE: DATE: DATE: DATE: • 11 n U SECTION 00960 APPLICATION FOR PAYMENT PROJECT: POft PAY ESTIMATE NO: DATE: CONTRACTOR: ADDRESS: CONTRACT FOR: PARTIAL TO The undersigned Contractor certifies that to the best of his knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid by him for Work for which previous Certificates for Payment were received, in this herein is now due. CONTRACTOR: M Date: issued and payments current payment shown FINAL TO In accordance with the Contract Documents, based on site observations and the data comprising the above application, the Architects Certifies to the Owner that the Work has progressed to the point indicated; that the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. ENGINEER: Date: Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT AMOUNT APPROVED CHANGE ORDERS TO DATE ADJUSTED CONTRACT AMOUNT TOTAL WORK COMPLETED AND MATERIALS USED RETAINAGE (10% OF TOTAL) TOTAL EARNED LESS RETAINAGE LIQUIDATED DAMAGES WITHHELD TOTAL EARNED LESS LIQUIDATED DAMAGES LESS PREVIOUS PAYMENTS CURRENT PAYMENT DUE APPROVED BY: (Title) . cc: Accounting City Clerk Contractor Engineer Project File DA WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. 'these changes are often initiated in the field and may affect the Contract Price or the Contract'rimes. This is not a Change Order, but only a directive to proceed Nvith Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used, B, COMPLETING THE, WORK CHANGE DIRECTIVE FORM Engineer initiates the forth, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: • METHOD OF DETERMINiNG CHANGE, iF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract • Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed. Work when the estimated time is reached, If the Work Change Directive is not likelyto change the Contract Price, the space for estimated increase (decrease) should be marked "Not Apptioeble". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Tithes. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order sighed by Owner and Contractor with Engineer's recommendation. Paragraph 10.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are. determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED W1'114 A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. 0 WORK CHANGE DIRECTIVE •^ No. DATE OF ISSUANCE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. EFFECTIVE DATE ENGINEER'S Project No. You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) • If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: Unit Prices Lump Sum Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract $ Times: If the change involves an increase, the estimated Substantial Completion: days; amount is not to be exceeded without further Ready for final payment: days. authorization. RECOMMENDED: AUTHORIZED: ENGINEER OWNER By:. By: EJCT)CNo. 19104-F (1996Edition) (4eprted by the Engimm JointCwu,nes Doamentr Gomrnitke endendo d. by The Associated General rantrecton.ofAneiimmelthe Cms"etion SpecirrAtiau us,lmc,. Advan mwe ry o CI onstCO flon Technology REQUEST FOR INTERPRETATION Project: R.F.I. Numhu'. From: Date: NNE Project Number: Re: Contract For: Specification Section: Paragraph: Drawing Reference: Derail: Request: • Signed by: Date: Response: . ❑ Attachments Response From: To: Date Rec'd'. Date Ret0d: Signed by: Date: Copies: ❑ 07 ver ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Coos0vctien Specifications butitute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CSI Form 13.2A AdVant aofc rrremenr WGn on • Technology • Prujesl: To: Clarification Notice Number: From: Date: A/F Project Number Re: ContractFor: CLARIFICATION NOTICE. This Clarification Notice is issued for the purpose of clari Cying the. Contract Documents based on an interpretation reasonably inferable from the Conti -act Documents, and therefore has no effect on the Contract Sum or Contract Time. Proceeding With Work in accordance with this Clarification Notice indicates acceptance with no change in the Contract Sum or Contract Tinic. Specification Section: Paragraph: Drawing Reference: Detail: Description: ❑ Attachments Signed by: Date: Copies: ❑ Owner ❑ Cunsultunts ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Specifications Institute, Page of July 1994 99 Canal Center Plaza, Suite 390 Aluandria, VA CSI Form 13.3A 22314 IVof ransfmct f OI CAnSfNC t Technology FIELD ORDER Project: Field Order Number•. Fruin: To: Dale: AYE Project Number: Re: Contract For: You are herebv directed to execute promptly this Field Order which interlxets the Contract Documents or orders minor changes in the Work without change in Contract Sun or Contract Time. If you consider that a change in Contract Sum or Contract Time is required, submit a Change Order Request to the ArE immediately and prior to proceeding with this Work. Specification Section: Paragraph: Drawing Reference: Detail: Description of Interpretation or Change: ❑ Attachments Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑File Copyright 1994, Construction Specifc Tien Institute, Page of July 1994 99 Canal Ceuta Plaza, Suite 300 Alexandria, VA 22314 CSI Fona 13.4 A C11 Ll • CONTRACT SPECIFICATIONS The City of Fort Collins is requesting the construction firm provide the following services. These services include but are not limited to: A. Construction Services ♦ Contractor to deconstruct building structures, concrete slabs, foundations, paving and sidewalks. ♦ Site shall be backfilled in 12" lifts maximum, using suitable soils and compacted to achieve 95% compaction. ♦ Contractor to implement site stabilization after deconstruction is complete. ♦ Owner will provide security fencing, Contractor to protect it from damage during deconstruction. Construction waste management: remove all construction debris from the site. Optimize recycle and reuse of existing onsite materials, and divert minimum of 75% of materials hauled to landfill by weight.(compete City of Fort Collins waste diversion form) ♦ Provide full time site supervision when working. ♦ Stormwater management of the project site per EPA, CDPHS and local jurisdictions including Fort Collins MS4 Stormwater requirements. ♦ Protect existing park on Block from damage during scope of work. • ♦ Protect adjacent structures from damage and ensure City has necessary access to facilities in use and grass park area. ♦ Procurement of all subcontractors, suppliers, equipment and materials to complete the Work. Owner to review selection of sub -contractors to perform work. ♦ Project sequencing and scheduling of manpower, materials and equipment to complete the Work by the deadline established. ♦ Project safety enforcement to manage work per OSHA and other jurisdiction's requirements. ♦ Manage quality control and coordinate all necessary testing. ♦ Manage Project Close-out procedures The contractor must commit key staff members to assist the project team by attending regularly scheduled project meetings and prepare information or responses to issues in advance of meetings. Pre -construction attendance will be required by the contractor's project manager, superintendent and lead foremen. In the event key technical functions are subcontracted, the subcontractor shall assist the general contractor in fulfilling its responsibilities under the agreement. Construction progress meeting attendance will require attendance by the project manager and superintendent. The project manager and superintendent selected must be approved by the Owner and committed to the project for its full duration to include pre - construction through final completion, unless excused by the Owner in writing. If the assigned personnel are not working out for the Owner, the Owner reserves the right to have them replaced. The Contractor can choose the replacement, but the Owner must approve the replacement. Bidder Qualifications ,• A. Qualified bidder must have minimum of five years as a deconstruction contractor. B. Qualified bidder will supply with bid, 3 references specific to deconstruction. Bidder must supply other references upon request. References must be within the last 2 years and include contact name, date when work was completed and type of work. C. Qualified bidder shall have sufficient manpower and equipment to accomplish said work in the required time. Please provide an equipment list. D. The City may make such investigation as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City all such information and data as is reasonably required for this purpose. The City reserves the right to disqualify any bid if the evidence resulting from the City's investigation shows, in the opinion of the City, that the bidder is not properly qualified to prosecute the work described herein. • 9 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as • having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially • complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an • Sincrease in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals, in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an . assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 0 City Of FF6'arwt Collins Purchasing ADDENDUM NO. 4 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7660: Block 32 Deconstruction/Dismantle OPENING DATE: 3:00 PM (Our Clock) July 22, 2014 Financial Services Purchasing Division 215 N. Mason St. 2n" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 rcgov.com/pumhasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed as follows: Exhibit 1 — Revised Bid Schedule Please contact John Stephen, CPPO, LEED AP, Senior. Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. • • • Addendum 4 — 7660 Block 32 Deconstruction/Dismantle Page 1 of 2 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. . 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up'to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best • . interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. Is 20.0 TAXES. • OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 WASTE MANGEMENT The Contractor shall work diligently to reuse, repurpose or recycle all the Materials possible. The contractor shall divert a minimum of 75% of all Materials by weight from the landfill. The contractor will be required to complete a spreadsheet showing what materials were diverted and their weight. 23.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as . a fuel. 24.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such'Bid is genuine and is not a collusive or sham Bid. 25.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 0 SECTION 00300 BID FORM • r� U 10 BID FORM PROJECT: 7660 Block 32 Deconstruction/Dismantle Place: )02% rbU.INS Gb6oR� Date: ? • 4.14 1. In compliance with your Invitation to Bid dated 61 � 121 , 20f¢and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and .the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of rix /4vvtx2UOnagreowd e c� P*cckar;;' Ca%) in accordance with tUe Invitation To Bid and Instructions to . Ri.V.Id7 •-a 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performancmBonds is as follows: 6oAC6cap /NJ,ijzA"Z-5cKVjcco 7,6b 5 5ur7C-1vo 64 rrt 67'QN, &&cord'+ 6,o17r0 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The ee undersigned Bidder hereby acknowledges receipt of Addenda No. t through t- 8. BID SCHEDULE (Base Bid) Contractor to complete the de -construction of Block 32 buildings (212 LaPorte Ave, 230 LaPorte Ave, 208 Howes) per attached specifications and contract documents. 0 BID SCHEDULE (Base Bid) Contractor to complete the de -construction of Block 32 buildings (212 LaPorte Ave, 230 LaPorte Ave, 208 Howes, 500 Riverside Ave) per -attached specifications and contract documents. Building A: 212 LaPorte Ave: $ Building B: 230 LaPorte Ave: $ 2c{, 7 Building C: 208 Howes Street: $ 2411 Building D: 500 Riverside Ave cL $ 71 O ! 3 Total Lump Sum (Base Bid): a? (76.0 $ �lv� IN WORDS: Addendum 4 — 7660 Block 32 Deconstruction/Dismantle Page 2 of 2 �I Bt*ditan A: 212 LaPorte Ave: $ Building B: 230 Building C: 208 Howes Street: Total Lump Sum (Base Bid): IN WORDS: 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED. • ` AcptuC (JtNttcx�TiuN"-11I�G, --- CONTRACTOR Printed Date Title CJZ7' aF F�+t�Cucclf�� 2745— 04-( License Number (If Applicable) (Seal - if Bid is by corporation) Address W V,t n�� \, i- C Dlvr-ro,c\o'- t� Telephone 3'!A A a Email ,c Ae mit>V V.cNr% . cnM SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors • • SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned ALPINE DEMOLITION, INC. as Principal, and INTERNATIONAL FIDELITY- , as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ Five Percent (st) ** for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 7660 Block 32 Deconstruction/Dismantle. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and1. • 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 respedts perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it,being exprassly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. • *INSURANCE COMPANY **of the Total Amount of the Bid 0 • 0 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of July 22 , 2014, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: ALPINE DEMOLITION, INC. Address: 5790 West 5Gth Avenue, Unit C Colorado 80002 By: q22s I G RAYOucmrO D6eI&'' Title: mail7tn't ATTEST: By: �cs. ,'" (SEAL) SURETY INTERNATIONAL FIDELITY INSURANCE COMPANY 7800 South Elati Street, Suite 100 Littleton, Colorado 80120 Title: Attorney -in -Fact (SEAL) 0 EXHIBIT 1 - REVISED BID SCHEDULE • • BID SCHEDULE (Base Bid) Contractor to complete the de -construction of Block 32 buildings (212 LaPorte Ave, 230 LaPorte Ave, 208 Howes, 500 Riverside Ave) per attached specifications and contract documents. Building A: 212 LaPorte Ave: Building B: 230 LaPorte Ave: Building C: 208 Howes Street: Building D: 500 Riverside Ave Total Lump Sum (Base Bid): IN WORDS: R P, Addendum 4 - 7660 Block 32 Deconstruction/Dismantle Page 2 of 2 2/ z RY the rcreandof thewoloofhe saidongsnd-1 a> ( r T 1Z 1 < �q, T � 3 ' i:r ;Sfi r me SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may -submit any additional information he desires.: - ,. , 1. Name of Bidder:Alfi( IMGU./W b/t�r• �� c 2. Permanent main office address: .l 0 k2al J%Qm /�1(• ll� C i�✓✓�a �a D���o� r 3. When organized: 4 a� I /PI 4. If a corporation, where incorporated: CUW�V 5. How many years have you /been engaged in the contracting business under your present firm or trade name? vl �aYh 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) I 7. General character of Work performed by your company: �lmOltU�(I��(c�nsKV�utrdin�i Atli Ivul1i1w1b 8. Have you ever failed to complete any Work awarded to you? NP If so, where and why? 9. Have you ever defaulted on a contract?. • If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. f 4 kv W tkhk' voilu� 12. List your major equipment available for this contract. • � ' �IQ pll� �lntA.11. l N.iN� V�Yltl1 K � b� 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: W t�tl6k fowyt I C� 15. Credit available: $ 16. Bank Reference: a 0u k 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that maybe required by the OWNER? Ni 18. Are you licensed as a General Contractor? No If yes, in what city, county and state? What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract?, 9 If yes, what percent of total contract? And to whom? I 20. Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL 21. What are the limits of your public liability? DETAIL NA( f� �mSU�ItA `ll What company? 22. What are your company's bonding limitations? V. &r 4 k 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. • Dated at I. this V'r,�n�' day of �WW 2014. Company: �V1 Ohl. —L)CM�IA V"� . y I By. ✓1 Printed: 6' VAN Title: State of c� County of Vo , p 4e ��PT being duly sworn deposes and says that he is of R`o.ne— I�QAn ,A Ztr"� (Nam (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this l j V .day of�, 20_L� DNA A,� Notary Public r'' tJOT �Ry My commission expires: 17 /BLIG ................< 0 1201z D E M 0 L I T I 0 N R e c y c l i n g L L C Statement of Qualifications Alpine Demolition This document provides an overview of Alpine Demolition, highlighting our history, our philosophy, our standards, and our experience as the leading provider of demolition and recycling services. 5290 West 56th Ave, Suite C Arvada, Colorado 80002 ( 3 0 3 1 4 2 1 - 3 3 6 6 w w w. a l is In e d e m o l i t l on. c o m Table of Contents Company Profile ........... LEEDWaste............................................................................................................................... 5 RecyclingProjects.................................................................................................................. 6 Bondingand Insurance.......................................................... :............................................. 9 Bonding.................................................................................................................................................9 Insurance...............................................................................................................................................9 Safety.........................................................................................................................................10 TradeReferences..................................................................................................................11 ClientReference..............................................................................................................................11 BankingReferences......................................................................................................................12 Business References....................................................................................................................12 Sample Projects — 2012 and 2013..................................................................................13 9�h and Colorado...............................................................................................................................13 StorageTek........................................................................................................................................15 BuckleyAnnex Lowry.....................................................................................................................16 PineValley..........................................................................................................................................17 CheyenneMountain Zoo.........................................................................:......................................19 AppendixA— Resumes......................................................................................................20 Owner...................................................................................................................................................20 President............................................................... .....................:�.............................................. ...... 21 Manager.............................................................................................................................................. 22 FieldSupervisor...............................................................................................................................23 Superintendent................................................................................................................................. 24 SafetyManager................................................................................................................................. 25 0 Company Profile Alpine Demolition Inc. began over 20 years ago as a small company that provided only demolition services. Over the years, Alpine Demolition has expanded its services to include interior, exterior demolition services as well as environmental abatement services to include asbestos abatement and lead and mold remediation as well as underground storage tank removals and soil remediation. Alpine Demolition services a wide range of customers from commercial, public agencies, residential, private sector and industrial facilities. Alpine Demolition is committed to re -using and recycling materials to help lead the next generation into green building. Alpine Demolition can achieve an impressive recycling rate of near 90% on most demolition projects. The key to this is to carefully deconstruct the building instead of demolishing it. At times this can be more time consuming but in the end We decision can save thousands of dollars in transporting fees and can generate our client revenue from the sale of salvaged items. Rescuing materials on site or re -selling those items helps to contribute to high waste reduction and a cleaner environment. Alpine Demolition is reaching new heights in construction and demolition recycling. € P13WL. D E M O L I T I O N Alpine Demolition strives to be an industry leader by most importantly listening to their clients and responding to their needs. Alpine Demolition understands that each project is different and will approach each project with knowledge and understanding of all background information that will help prevent unnecessary disruption during the project. Once our jobs begin with our client they are the number one priority, our focus is to effectively complete the project and to continue to follow up with our client to make sure we have fully met our customer's expectations. 03 Safety is #1 on all projects and all safety • requirements and regulations along with job specifications are adhered to which protect both the people on the project and the integrity of our work. For each project a project specific safety plan will be created to both identify any potential hazards and identify any required training that needs to take place prior to the project starting. Alpine Demolitions guarantees we will provide the best dollar value while maintaining safe and quality workmanship and providing innovative techniques to our customers. Alpine Demolition prides itself on offering our services with quality expertise, attention to detail, and meeting each client's needs, Alpine Demolition can always be depended on. I • • 4 LEED Waste Leadership in Energy and Environmental Design (LEED) certification is the recognized standard for measuring building sustainability.. LEED certification is. the best . way,..,to TF -. -� D E M O L I T1.O N- demonstrate a building project is truly "green." Alpine can N"" .0 assist with meeting the selected goal through our recycling/waste diversion procedures. Certification level and corresponding diversion goals must be identified early in the project, as higher goals may have cost as well as scheduling impacts. Alpine can assist during this process to assure that full impacts are recognized early in the project. Alpine's goal is to divert the highest percentage of waste, by weight, from landfills by directing recyclable resources back to the manufacturing process or by directing reusable building materials to the appropriate end users. Alpine's goal is to divert 75% of the waste during the. demolition process. Removal of Asbestos -Containing Materials, Lead Paint and other Hazardous Waste is not • part of the LEED calculations. An Alpine employee will be responsible to coordinate the Waste Management and Recycling Plan. The LEED Coordinator will coordinate and document debris sorting, recycling and disposal. A Waste Management and Recycling Plan will be implemented with the participation of employees, suppliers and subcontractors. Part of the LEED Coordinator's duties will to provide direction to all employees, suppliers and subcontractors, of the proper waste management and recycling procedures for the project. 0 Alpine will provide documentation to verify the materials are being recycled, reused or disposed of. As part of the Waste Management and Recycling Plan, Alpine will submit monthly reports on the LEED Information Form in concert with the LEED Coordinator. The information will include the Project Name, Contract Number, Job Number, Dates the materials were shipped, Load Ticket Numbers, Hauler's Name, Name of Landfill or Recycling Facility, Volume of each Load in cubic yards and net tons, Material Type and signature of the LEED Coordinator. This information will also be documented and submitted monthly on the Contractor's Report of Solid Waste Management and Recycling. This report maintains running totals on the materials recycled and disposed of, and also includes in percentage, the progress in meeting the LEED goals. F7 Financial Services Purchasing Division 215 N. Mason St. 2n° Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing ADDENDUM NO. 3 R190491310-11well,t31,I41m� Description of BID 7660: Block 32 Deconstruction/Dismantle OPENING DATE: 3:00 PM (Our Clock) July 22, 2014 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed as follows: Exhibit 1 - Questions & Answers Exhibit 2 - Interior Images of Former Pickle Plant Building Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with • any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. • Addendum 3 — 7660 Block 32 Deconstruction/Dismantle Page 1 of 4 Recycling Projects Alpine Demolition is committed to recycling efforts on all projects. We currently own our own recycling yard for concrete materials and we work with Iron and Metals to recycle all potential materials. We are familiar with recycling practices and will typically recycle between._8/0%and 90% of materials .on -projects. Project: o Sheraton Hotel Demolition Concrete 6363 East Hampden, Denver, CO Owner: Host Hotels and Resorts Jim Mathinsen: 240-372-0422 Completed: March 2011 o Sno White Linens, Demolition Concrete 139 Railroad Ave, Rifle, CO Owner: Sno White Linen Bob Regulski: 970-878-9868 Completed: July 2010 o Westminster High School Demolition Concrete & metals 4476 West 681h Ave, Westminster, CO Owner: Adams County School District 50 Carl Stanfield: 303-961-2522 Completed: August 2010 o Summit View Apartments Demolition Concrete Crane Street, Laramie, WY Owner: University of Wyoming Douglas Vinzant: 307-766-5766 Completed: August 2010 o Trail Dust Steak House Demolition 9109 Benton Street, Westminster, CO Owner: City of Westminster Dave Loseman: 303-658-2125 Completed: May 2010 o Colfax Ave Demolition Project Materials 13690 East Colfax Ave, Denver, CO Owner: Blue Beacon International Don Boos: 785-825-2221 Completed: May 2010 Recycling Efforts: 90% Recycled 70% Recycled 80% Recycled 90% Recycled 30% Recycled 75% Recycled 0 E 0 • o Botanic Gardens Demolition 50% Recycled Materials 1005 York Street, Denver, CO Owner: GH Phipps Construction Bruce Schneider Completed: July 2010 o College Street Demolition 40% Recycled Materials 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Completed: December 2010 o Paris Street Abatement and Demolition 20% Recycled Materials 1702 Paris Street, Aurora, CO Owner: City of Aurora Jeff Hancock:303-739-7907 Completed: November 2010 o Country Dinner Playhouse Demolition 10% Recycled Materials 6785 S. Clinton, Greenwood Village, CO Owner: Jetro Depot Stephanie Mallory: 714-224-5470 • Completiell: December 2010 o Kodak Abatement and Demolition 90% Recycled Materials Kodak Easman Facility, Windsor, CO Owner: Kodak Carl Hunter: 970-686-4871 Completed: March 2011 o Tank Removal Set material aside for owner to recycle Roche Colorado Corporation 2075 North 55th, Boulder, CO Owner: Roche Colorado Corporation Bill Scheller: 303-938-6456 Completed: December 2010 o Denver County Jail Demolition 90% Recycled Materials Denver County Jail 10500 Smith Rd, Denver, CO Contractor: FCI Constructors Rob Lawrence: 970-535-4725 Completed: February 2011 o South Boulder Removal Pipe 10% Recycled Materials • South Boulder Diversion Conduit South Boulder Rd, Boulder, CO 7 Contractor: BT Construction • Harper Daniell Completed: March 2011 o JC Penney's Demolition 80% Recycled Materials Patriarch Development Foothills Shopping Center, Fort Collins, CO Contractor: Patriarch Development Mark Strauss: 970-566-8880 Completed: February 2011 I • • 0 i Bonding and Insurance Banding SURESCAPE 7800 South Elati Street, Suite 100 Littleton, Colorado 80120 Cynthia Burnett — 303-225-8030 Rating: A-, VII from A.M. Best Alpine Demolition can Bond Individual Contracts in the amount of $4,000,000.00 while carrying a backlog of $10,000,000.00 Insurance Hackett Insurance Agency General Liability John Hackett 8080 Ralston Road Arvada, Colorado 80002 Phone: 303-420-8061 Fax: 303-420-2194 High Country Truck Insurance Auto Insurance Rena Chi 19336 Goddard Ranch Ct, #130 Morrison, Colorado 80465 Phone: 303-697-6099 Fax: 303-697-1699 Pinnacol Assurance Workers Compensation Rose Cantrall 7601 E. Lowry Blvd Denver, Colorado.80230 Phone:303-948-4112 Fax: 303-972-6655 Safety i SAFETY IS NEVER COMPROMISED. An umbrella to every project is safety. We leave nothing to chance in this area. A L lP 6 double check is conducted of all equipment, personnel, D E M O L I T 1 O N materials, and the project site. All codes, specifications, and R• c y °" "� regulations must be met to ensure the safety and integrity. of the project and people directly and indirectly involved. Committed to Safety Safety and regulatory compliance are of paramount importance to Alpine Demolition, which is why we provide health and safety training with many different methods of formal training through, formal class room training, mandatory daily toolbox meetings, and supervisor meetings. Every project site is analyzed for potential hazards, and every project is monitored by a health and safety officer to ensure safety comes first. In many cases, Alpine Demolitions health and safety requirements exceed OSHA and other industry standards. Our staff is trained in the latest regulations, laws and procedures, with employees in the field working closely with state and • federal agencies. Our health and safety program is aimed at reducing the risks inherent in our work by creating the safest working environment possible for our employees. We ensure that our workers are properly protected with the appropriate personal protection equipment for their assigned task. Alpine Demolition has proven its commitment to safety through our continued improvement with our safety statistics. This success has been evident through the continued support of management's presence at each project site and the support of our safety program. The continued improvement in our safety statistics is evidence of the effectiveness of management's participation and support of our safety program. At Alpine, safety is a commitment made by each employee, whether that is office personnel, field or equipment operators, Safety is #1. • 10 Trade References Client Reference S and R Environmental Consulting Rick Block 5801 Logan Street, Suite 200 Denver, Colorado 80216 Phone: 303-297-1645 Fax: 303-297-1646 Adolfson and Peterson Alan Antalok 797 Ventura Street •. Aurora, Colorado 80011 Phone: 303-363-7101 Fax:303-363-9251 Landmark Environmental Authority Matt Roberts 250 Bryant Street Denver, Colorado 80219 Phone: 720-283-8974 Fax: 720-283-8666 u Kemwest Erin Sedlacko 2186 Holly Street, Suite 209 Denver, Colorado 80222 Phone:303-757-8800 Fax:303-757-8805 Denver Housing Ryan Tobin 777 Grant Street Denver, Colorado 80203 Phone:720-932-3070 Fax:720-932-3007 11 Banking References Mutual of Omaha Bank 770 Heritage Road Golden, Colorado 80407 Matt Long: 303-216-9999 Business References Republic Landfills CAM Services 5075 East 74th Ave. 601 E. 451h Ave. Commerce City, Colorado 80220 Denver, CO 80216 Steve Haskell: 303-286-1200 Brandi: 303-295-2424 Fax:303-286-0810 Fax:303-295-2436 1 1 • Park Western Leasing Arvada Rental 13949 West Colfax Ave, Suite 200 10675 Ralston Road Golden, Colorado 80407 Arvada, Colorado 80004 Denise: 303-231-0077 Luke Wilson: 303-422-1212 Fax: 303-231-0080 Fax:303-940-0348 Hill Petroleum Tammy Walsh 6291 Ralston Road Arvada, Colorado 80002 Phone:303-424-6262 Fax: 303-327-5783 12 • s Sample Projects - 2012 and 2013 9"' and Colorado Project: 9th and Colorado , Denver, Colorado Client: The Lionstone Group Contact Information: Mr. Doug McKinnon (303) 699-9000 Fax: (303) 680-7448 Scope of Services: Deconstruction/Asbestos Abatement/Recycling Project Completed: Spring 2013 -44 L 1'� ii 6, D E M O L I T I O N Estimated Cost: $662,100.00 (demolition) $826,950.00 (asbestos abatement) Project Description Alpine Demolition was hired -to do the demolition and asbestos abatement of multiple structures on the corner of 2M Avenue and St. Paul Street in Denver, Colorado. The first building is a single story retail building of approximately 5,500 sq ft and the second building is a two story office building with a basement of approximately 14,000 sq ft. The two buildings contain approximately 24,000 sq ft of asbestos related material (drywall, acoustic ceiling, wall texture, etc) and was mitigated using the wet methods of abatement. All asbestos containing material were properly bagged and disposed at the BFI Tower Road Landfall. Alpine is committed to the use of recycling, 90% of the buildings will be recycled with the steel and aggregate to be 13 reused. This project has remained on time within budget and without any safety 0 violations. • 14 Storage 'rek Project: Former Storagetek Campus, Louisville, CO Client: ConocoPhillips — Jerry Hoggatt Contact Information: 303-808-6490/Email: jerry.hoggatt@conocophillips.com Scope of Services: Deconstruction/Recycling Project Completed: October 2009 Estimated Cost: $1,500,000.00 Project Description ti P. V €f G� k. D E M O L I T I O N 6 o a Y c l l n 9 LLC Alpine Demolition was hired to complete the deconstruction of the former StorageTek site located in Louisville, Colorado. This 432- acre site that consists of 25 buildings will be the new Global Technology Center for Conoco Phillips Company. Alpine Demolition was tasked with the deconstruction of 1.6 million sq. ft:- of buildings, these buildings ranged from small office buildings, training facilities and large recreation centers. Alpine Demolition had a -tight schedule and had to endure many challenges during this project such as; snow storms, high winds and nature preservation. This project was completed on time, within budget and most importantly safely. • 15 • EXHIBIT 1 - QUESTIONS & ANSWERS E • 1. Please confirm that any existing non -friable asbestos will be removed before the awarded contractor starts deconstruction. Yes any existing non-friables will be removed prior to deconstruction. 2. Will it be acceptable for any dry or wet utilities to be caped on site or will the utilities be required to be capped off site close to the main line? There are currently three services to the properties to be deconstructed and the City will only be using the service at 212 LaPorte for the new construction. All other services will need to be capped at the main lines. The City will be responsible for getting these lines capped outside the deconstruction contract, but the deconstruction contractor will need to help coordinate with their work. 3. Approximately how long after the deconstruction is complete will the site remain in the deconstructed state before the new building construction starts? This will impact how the deconstruct contractor will have to turn over the area to the City. The design of the new building is in process and new construction is scheduled to begin in first quarter of 2015. Addendum 3 - 7660 Block 32 Deconstruction/Dismantle Page 2 of 4 Buckley Annex Lowry Project: Buckely Annex Lowry Client: Lowry Redevelopment Authority Contact Information: Mr. Tom Berger; Tom.Berger@lowryredevelopment.org Scope of Services: Demolition/Recycling/Asbestos Abatement Project Completed: Spring 2014 Estimated Cost: $2,500,000.00 - $3,000,000.00 Project Description Liidtiu D E M O L I T I O N Alpine Demolition was hired conduct the demolition, transportation, recycling, disposal, and asbestos abatement of three free standing retired government buildings, along with the demolition of approximately 18 acres of paved areas as well as selected trees and other site features at the former Lowry Air Force Base Buckely Annex, located in Cites of Denver and Aurora. The execution of this project required careful coordination between the client, and multiple sub contractors to i! ❑I [A' 16 • complete within the required 180 day period of performance. Alpine will remove all Alpine is committed to the use of recycling, 90% of the buildings will be recycled with the steel and aggregate to be reused. 0 Pine Valley Project: Pine Valley —"Lei — D E M O L I T 1 O N Client: U.S. Army Corps of Engineers Contact Information: Edward Jackson (402) 995-087 Scope of Services: Demolition/Recycling/Abatement Project Completed: Fall 2014 Estimated Cost: $4,500,000.00 Project Description Alpine Demolition was hired conduct the demolition, transportation, recycling, abatement, and disposal of multiple existing single story residential structure with basements located at the U.S. Air Force Academy in Colorado Springs, Colorado. As part of this project Alpine was hired for the demolition of 232 separate residential structures and infrastructure improvements on the properties. Alpine was required not to minimize damage to surrounding landscape and trees surrounding the structures, and was required to mulch and seed the disturbed areas as a result of demolition and return to a natural state. Additionally Alpine was selected to conduct the asbestos abatement of each of these structures. Alpine is committed to the use I 17 of recycling, 90% of the buildings will be recycled with the steel and aggregate to • be reused. ku • Cheyenne Mountain Zoo Project: Cheyenne Mountain Zoo, Colorado Springs • i Client: JE Dunn Construction Phone: 303-753-8988/Fax: 719-471-0278 Scope of Services: Deconstruction/Recycling Project Completed: March 2012 Estimated Cost: $80,000.00 - $100,000.00 Project Description D E M O L I T I O N g e c y c i n g LLC Alpine Demolition was hired to do the demolition of the old elephant house located at the Cheyenne Mountain Zoo. The elephants were relocated to a new home within the zoo and Alpine worked while the zoo was open. The elephant area is located right next to the giraffes and Alpine had to work within strict �' _ _n restrictions in order to not cause stress to the surrounding animals. The Cheyenne Mountain Zoo backs to a mountain in Colorado Springs and on top of cold weather restrictions we also encountered high winds. Alpine was able to stay within the proposed schedule and the contractor gave Alpine additional work that increased our scope. 19 Appendix A — Resumes • Owner Mr. Mitchell started with Alpine Demolition in 1985 as a laborer, he has worked his way up through all positions and has experience as a Driver, Heavy Equipment Operator, Superintendent, Project Manager and Operations Manager. Mr. Mitchell's current role at Alpine Demolition is not only in Operations but also a Lead Estimator and Project Manager, it is not unlikely to see Mr. Mitchell on your job site overseeing the day to day tasks and ensuring that the project is running smoothly. Mr. Mitchell has excellent skills in cost assessment; schedule tracking and ensuring all safety standards are met on a daily basis. Mr. Mitchells credits include but are not limited to the following: o Storage Tek Deconstruction, $1,500,000.00 o Presbyterian St. Luke's Demolition, $1,000,000.00 o Exempla Lutheran Hospital Demolition, $440,000.00 • o Samsonite Demolition, $750,000.00 o Mercy Hospital Demolition, $1,500,000.00 o Keebler Redevelopment, $1,600,000.00 o Villia Italia Demolition, $3,800,000.00 o Colorado Springs Zoo Demolition, $125,000.00 o Kodak Facility Demolition, $1,500,000.00 Education and Training 0 40 Hour Asbestos Training o Colorado Asbestos AHERA Training o Colorado Asbestos Certification o 40 Hour HazMat o Lead Awareness o Class A Demolition License o Heavy Equipment License o First Aid and CPR Training o Fall Safety Training 20 • President Mr. Gochis started Alpine Demolition over 20 years ago as a small interior demolition company. Today Alpine Demolition is recognized as a leader not only in Demolition Services, Recycling Programs but also in Environmental Remediation. Mr. Gochis is a very "hands on" Manager and you will see him at every job site and even running heavy equipment. He has been in the demolition business for over 30 years and has performed every job, ran every machine and prides himself on the highest level of services available in the industry. Mr. Gochis credits include but are not limited to the following: o Storage Tek Deconstruction, $1,500,000.00 o Westminster High School Demolition, $189,000.00 o Sheraton Hotel Demolition, $878,000.00 o Denver Housing Authority, $140,000.00 • o Samsonite Demolition, $750,000.00 o Mercy Hospital Demolition, $1,500,000.00 o Keebler Redevelopment, $1,600,000.00 o Villia Italia Demolition, $3,800,000.00 Education and Training 0 40 Hour Asbestos Training o Colorado Asbestos AHERA Training o Colorado Asbestos Certification 0 40 Hour HazMat o Lead Awareness o Class B Demolition License o Heavy Equipment License o First Aid and CPR Training o Fall Safety Training • 21 Manager • Mrs. Kelley recently joined Alpine Demolition as a Business Development Manager. Mrs. Kelley's background is working in the environmental remediation and demolition industry for over five years. Mrs. Kelley's strengths lie in the areas of relationship management and pre - construction planning where she has helped to negotiate and plan multimillion dollar projects. She has helped with the pre -planning and implementation on projects that require submittals and pre -construction documents. Mrs. Kelley's credits include but are not limited to the following: o Storage Tek Asbestos Abatement, $3,800,000.00 o Colorado School of Mines, $800,000.00 o Denver Housing Authority, $550,000.00 o Colorado History Museum, $1,200,000.00 o Stapleton Soils, $5,500,000.00 o The Willows, $125,000.00 Education and Training • o Business Management Degree, from George Mason University with a focus on Marketing o First Aid and CPR Training W 22 • Field Supervisor Mr. Sheppard has been with Alpine Demolition since 1998 and has over 20 years of Supervisory experience in the construction industry. Mr. Sheppard has over 28 years of experience in heavy equipment and construction management prior to joining the construction industry. His current role is as a Field Supervisor with Alpine Demolition where he'has overseen ',' crews from as small as 10 to 50 field personnel. Mr. Sheppard also oversees the Operations at our recycling facility. Mr. Sheppard's credits include but are not limited to the following: o Storage Tek Demolition, Louisville, CO $1,700,000.00 o Honeywell Demolition, Arvada, CO $540,000.00 o Parking Garage Demolition 14th and Stout, Denver, CO $740,000.00 o Sheraton Hotel Demolition, Denver, CO $880,000.00 0 4200 Gaylord, Denver, CO $555,000.00 Education and Training 0 40.11our OSHA Hazmat Course o Colorado State Certified Asbestos Supervisor o Heavy Equipment Operator o First Aid and CPR T-mining 0 28 years Heavy Equipment Experience • .1 23 Superintendent • Mr. Edwards has worked with Jim Gochis for over 22 years and has been with Alpine Demolition since the beginning. Mr. Edwards started with Alpine as a Heavy Equipment Operator. He first started operating Heavy Equipment when.he was 16 years old. He is recognized in Denver as one of the°safest and, most talented equipment operators: Mr. .. Edwards started the roll of lead Superintendent over three years ago and has overseen all of Alpines high profile jobs. Mr. Edwards is extremely team orientated and is a hands-on manager who helps ensure the project is properly ran and all lines of communication stay in tack. Mr. Edwards's credits include but are not limited to the following: o Storage Tek Demolition, Louisville, CO $1,700,000.00 o Kodak Plant Demolition and Abatement, Windsor, CO $89,000.00 o Mercy Hospital Demolition, Denver, CO $2,500,000.00 o Keebler Plant Demolition, Denver, CO $1,200,000.00 o Gates Demolition, Denver, CO $750,000.00 o Kodak Main Plan Demolition, Windsor, CO $2,200,000.00 Education and Training o 40 Hour OSHA Hazmat Course o Colorado State Certified Asbestos Supervisor o Heavy Equipment Operator o CDL Driver o Lead Awareness o First Aid and CPR Training o Fall Protection Training 0 22 years Heavy Equipment Experience • 24 • Safety Manager Mr. Lloyd has worked with Jim Gochis for over 30 years and has been with Alpine Demolition since the beginning. Mr. Lloyd started with Alpine as a lead foreman and has grown with the company to perform both Project Manager duties and dedicated safety manager on projects. He•is-familiar with'the state regulatory rules as well as' demolition safety methods. Mr. Lloyd is responsible for the review and monitoring of all safety activities as well as ensuring that the Job Safety Analysis are completed on each project daily. This process helps to identify any potential hazards and eliminate safety concerns. Mr. Lloyd's credits include but are not limited to the following: o Storage Tek Demolition, Louisville, CO $1,700,000.00 o Kodak Plant Demolition and Abatement, Windsor, CO $89,000.00 o Mercy Hospital Demolition, Denver, CO $2,500,000.00 o Keebler Plant Demolition, Denver, CO $1,200,000.00 o Gates Demolition, Denver, CO $750,000.00 Education and Training • o 40 Hour Asbestos Training -'o Colorado State Certified Asbestos Supervisor o Lead Awareness Course o CDL Driver o Colorado Asbestos Certification o Lead Awareness o First Aid and CPR Training o Fall Protection Training C , J 25 EXHIBIT 2 — INTERIOR IMAGES OF FORMER PICKLE PLANT BUILDING • • • Addendum 3 — 7660 Block 32 Deconstruction/Dismantle Page 3 of 4 Demolition Equipment • Equipment Owned by; Alpine D EHM O L I T 1 O N a yc 11 n9 L L C Alpine will.perform the demolition and recycling for this project:: - ,��� utilizing selected state-of-the-art equipment from the following list of company -owned . Model Weiclht/lbs Hitachi 750 Hitachi UH261 John Deere 450 Hitachi 450 Hitachi400 John Deere 992E John Deere 992D John Deere 892E John Deere 892E John Deere 892E John Deere 892D John Deere 790D (Hydro Thumb) John Deere 790D (Hydro Thumb) John Deere 790D (Crusher) John Deere 790D (Fixed Thumb) John Deere 790D (Bucket) Hitachi Ex100 John Deere Ex70 Cat980 Loader Cat996 Loader Cat950 Loader Fiat Allis FR30 Loader Fiat Allis Track Loader C10 Cat 963 Track Loader TD40 Dozer Cat IT18 Cat IT28 Cat C26 Compactor Bobcat 973 Bobcat743 New Holland 885X Bobcat453 183,000 186,000 105,000 105,000 105,000 105,000 105,000 75,000 75,000 75,000 75,000 60,000 60,000 60'000 60,000 60,000 30,000 12,000 80,000 5,000 40,000 65,000 26,000 42,000 170,000 22,000 24,000 24,000 N/A N/A N/A N/A www.alpinedemolition.com • 0 -!;IS Uk F S C AP F July6 %2010 To Whom It May Concern RE: Alpine Demolition, Inc. - Bonding Reference Letter Sure. ,;o„c es 'lHC:O Snbtl- Eec Et.. Sc,Ur 1 CO L;tt'etoo. Cuiuo1.uu OD9 2C 13^31 ?:19ffiL`�G Pkuni• OW:tol GAL UY, e , f 'Ixlnu This letter confirms that we service the surety bond program for Alpine Demolition, Inc. and have known the principals of the company since 1996. During our fourteen year relationship, we have provided numerous bonds on Alpine's behalf without a single incident. Owners have consistently commented that Alpine's can -do approach and no nonsense attitude has been refreshing vs. working with some larger national firms. Surety bonds for Alpine Demolition, Inc. are underwritten by Developers Surety and Indemnity Company, with an A-, VII rating from A.M. Best. We have agreed to bond individual contracts in the $4,000,000 range, while carrying a backlog of approximately $10,000,000. Underwriting of bonds is based upon favorable review of the contract terms and documents and owner financing arrangements for each project. Alpine is an exceptionally well managed and professional contractor. We are confident you will enjoy a successful project with Alpine managing your project. Sincerely, C nthia M. Burnett Vice President /cm b mTt�j� 4�,,rn avy 0 � t� COLORADO COH7AACTOAS • NA, PMLMNM '..7'L�..'".��• pNCOR rr 2013 Projects Current Project List Project: L P d A 'ice DEMOLITION R ecy c I i n y LLC o Tank Removal for the City of Aurora $ 7,500 CITY OF AURORA PUBLIC WORKS DEPARTMENT 15740 E. 32nd Avenue Aurora, Colorado 80011 Mr. Jay Hohn ehohn@auroragov.org Expected Completion: Completed o 3441 Pecos and 3600 Pecos Street $12,500 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o 9528 Nile Way $14,500 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o 2617 Broadway $22,500 1350 College Street, Boulder, CO r • 0 • • 2013 Projects Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Prospect House 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Denver University Houses 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Trader Joe's Boulder 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o City of Arvada — Gun Club 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 $16,000 $44,500 $22,000 $ 8,000 I I 2013 Projects o 8070 S. Broadway 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o 3764 Osceola St 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o 50. Galapago St 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Discount Tire College Ave, Ft. Collins, CO 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o 221 North Kuner Rd 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 $16,500 $ 6,000 $17,500 $23,000 $34,000 I • • 2013 Projects Expected Completion: December 2010 o Water Tower $22,700 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o 70 S. Cherry St $ 9,000 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o 4802 Wadsworth Blvd $ 9,000 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Specialty Metals Company $ 3,500 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o 2970 N. Huron —Concrete Work $30,500 1350 College Street, Boulder, CO U-I J 2013 Projects Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Brothers Bar 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o St. Anne's Episcopal School 1350 College Street, Boulder, CO Contractor: Brinkman „ Bob Papish: 970-267-0954 Expected Completion: December 2010 o Burger King —151 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Concrete Work, Windsor 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 $39,500 $44,000 $21,000 $ 8,500 Ell A • 0 2013 Projects o 2525 W. 101h St 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o McDonalds Cheyenne 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Buckley Pole 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o 731 Spruce St 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Pilgrim Rest Church 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 $ 9,500 $44,000 $ 4,000 $ 7,800 $75,000 2013 Projects Expected Completion: December 2010 o Boys and Girls Club $ 7,000 1350 College Street; Boulder; CO'• Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o McDonalds $19,000 Alameda Pkwy 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 I o Metro WasteWater Reclamation District $36,500 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o 2201 West Cornell Ave $ 5,000 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Parker Fire House $17,000 17071 Cornerstone i • • 0 2013 Projects 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o 2301 W.44t 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o S. Washington St 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o 1313 Xenia 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Fueling Facility 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 $ 7,500 $18,000 $15,500 $26,000 E Addendum 3 — 7660 Block 32 Deconstruction/Dismantle Page 4 of 4 2013 Projects o Beau Jo'st 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o 8801 Ralston 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o 3515 Osage 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Westerly Creek 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2016 • $15,500 $ 8,500 $11,000 . $66,000 o Applewood Baptist $38,000 1350 College Street, Boulder, CO Contractor: Brinkman 9 • 0 2013 Projects Bob Papish: 970-267-0954 Expected Completion: December 2010 o Office Depot 1611 & Market 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Lory Park 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2019 o Burger King 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Elks Lodge 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 $569,000".. $242,000 $47,000 2013 Projects o 508 Cooper Aspen 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Cheyenne Mountain Zoo 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Creamery Ft Collins 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Denver Jail 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Garrison Project 1350 College Street, Boulder, CO Contractor: Brinkman $130,000 $93,000 $72,500 $19,000 $13,500 D1 nl • • 2013 Projects Bob Papish: 970-267-0954 Expected Completion: December 2010 o Kodak C-60 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 o Kodak C11, C13, C16, C32, and Water Tank #2 1350 College Street, Boulder, CO Contractor: Brinkman Bob Papish: 970-267-0954 Expected Completion: December 2010 0 0 0 0 0 0 0 $353,500 - $357,500 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors fjor the work items listed below and all subcontractors performing over 15% of the contract. IA ITEM SUBCONTRACTOR SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed • SECTION 00510 • NOTICE OF AWARD DATE: August 6, 2014 TO: Alpine Demolition Inc. PROJECT: 7660 Block 32 Deconstruction/Dismantle OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated July 21, 2014 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7660 Block 32 Deconstruction/Dismantle. The Price of your Agreement is Ninety -Eight Thousand Eight Hundred Thirteen Dollars 98 813 . Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by August 22, 2014. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear. your • signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditio s, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Con a t Document attached. Cit of F rt Ilin OWN E By: Gerry S. ul Director of Purchasing & Risk Management E 9 0 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 6th day of August in the year of 2014 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Alpine Demolition Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7660 Block 32 Deconstruction/Dismantle. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Operations Service Department, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within Eighty-Five(85) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within One Hundred (100) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the Eighty -Five (85) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Two Hundred Fiftv Dollars ($250.00) for each calendar day or fraction thereof that expires after the One Hundred (100) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Ninety -Eight Thousand Eight Hundred Thirteen Dollars ($98.813), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall 0 determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to • supplement those referred to in paragraph 6.2 above) which pertain to the subsurface orphysical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. F6rt City of Collins Purchasing ADDENDUM NO. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7660: Block 32 Deconstruction/Dismantle OPENING DATE: 3:00 PM (Our Clock) July 22, 2014 Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fort Collins. CO 80522 970.221.6776 970.221.6707 lcgov. com/purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed as follows: Exhibit 1 — Questions & Answers Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. A Addendum 2 — 7660 Block 32 Deconstruction/Dismantle Page 1 of 2 ARTICLE 7 ARTICLE 8. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: N/A The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions.made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 4, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no LI • ri LJ • L1 assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: CITY OFIr FORTCOLLINS 1� j By: GERRY .PAUL DIRECTOR OF PURCHASING AND RISK MANAGEMENT UNAMA Attest: a- & Address for giving notices: co-L-6- O� P. O. Box 580 Fort Collins, CO 80522 proved as to orm� As ' tant City Attorney CONTRACTOR: ALPINE DEMOLITION iNr. Title: „ ` Vlk LA Date. t( (CORPORATE SEAL) j I l • - Attest: ress forgiving notices: fit i0-A0VN1' License No.:IM a SECTION 00530 NOTICE TO PROCEED Description of Work: 7660 Block 32 Deconstruction/Dismantle To: Alpine Demolition Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. - . That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20_ The dates for Substantial Completion and Final Acceptance shall be 20_and _ 20_, respectively. • Citv of Fort Collins r OWNER ? Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed, is hereby acknowledged this _day of 20_ CONTRACTOR: Alpine Demolition Inc. By: Title: do SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 . Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate 0 4 0 0 0 Ll SECTION 0061D PERFORMANCE BOND Bond No.DVIFSU 0656558 KNOW ALL MEN BY THESE PRESENTS: that Alpine Demolition Inc. 5790 W 56'h Ave., Unit C, Arvada, CO 80002 haw dtathrcRark�etrip (a Corporation), hereinafter referred to as the "Principal' and (Firm) International Fidelity Insurance Company (Address) One Newark Center, Newark, New Jersey 07102-5207 hereinafter referred to as "the Surety", are held and firmly bound unto 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 Ninety -Eight Thousand Eight Hundred Thirteen Dollars 98 813 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 Bth day of August, 2014, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7660 Block 32 Deconstruction/Dismantle. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void: otherwise to remain in full force and effect. 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 0 0 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 12th day of August 2014. IN PRESENCE OF: r(Corporate,Sea)) _ IN PRESENCE OF: Not Applicable Not ADplicable IN PRESENCE OF: • WITNE C B : David J. inger, Littlet crado (Surety Seal) Principal ALPIN DEMOLITION, IN . (Title) 5790 West 56th Avenue, Unit C, Arvada, Colorado 80002 (Address) Other Partners By: Not Applicable By: Not Applicable Surety, INTERNATIONAL FIDELITY INSURANCE COMPANY By: !%/Y/ /� Lop). 11 Cyydth'ia M. Burnett, Attorney -in -Fact 7800 South Elati Street,. Suite 100, Littleton, Colorado 80120 (Address) NOTE: pate of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. C�1 SECTION 00615 PAYMENT BOND Bond No. DVIFSU 0656558 KNOW ALL MEN BY THESE PRESENTS: that Alpine Demolition Inc. 5790 W 561tr Ave., Unit C, Arvada, CO 80002 a otXPtffistidtiaty} �aNtltatmaxaMrpy, (a Corporation), hereinafter referred to as the 'Principal" and (Firm) International Fidelity Insurance Company (Address) One Newark Center, Newark, New Jersey 07102-5207 hereinafter referred to as 'the Surety", are held and firmly bound unto the 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 Ninety -Eight Thousand Eight Hundred Thirteen Dollars OS 813 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 6th day of August, 2014, a copy of which is • hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7660 Block 32 Deconstvuction/Dismantle. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shalt be void; otherwise to remain in full force and effect. PROVIDEO, 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_ • EXHIBIT 1 — QUESTIONS & ANSWERS During the pre -bid walk on June 24, 2014 it was stated that the public sidewalks would not be removed. The contract documents state for the "contractor to deconstruct building structure, concrete slabs, foundations, paving and sidewalks. Please clarify the sidewalks to remain. Response: The alley on the east side of 212 LaPorte shall remain, the construction fence will be installed approximately 6' east of the building line. Approximately 15' from back of street curb shall remain in place along LaPorte Avenue to the South and along Howes Street to the West. The alley along the north side of 208 Howes shall remain, the construction fence will be installed 3' off the north side of the building line. 2. Who shall be responsible for the soil compaction inspections and test for backfilling of the site? Response: The City of Fort Collins will contract for the soil compaction inspections and testing. The contractor will be required to coordinate the necessary • testing to ensure the soil compaction requirements are achieved. 3. Can another job walk be scheduled? u Response: The City of Fort Collins is adding another building to the deconstruction/dismantle bid package and it is located at 500 Riverside Blvd. We will have another job walk to allow contractors to view the original three buildings and the new building added. This next job walk is scheduled for July 10, 2014 at 10:00 am at 212 Laporte Ave, Ft Collins. Addendum 2 — 7660 Block 32 Deconstruction/Dismantle Page 2 of 2 n u u IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 12th day of August 20 14 IN PRESENCE OF: (C porate Seal) IN PRESENCE OF: Not Applicable Not Applicable Principal ALPINE(\DEMOLITION,_ INC BY: (Title) 5790 West 56th Avenue, Unit C, Arvada, Colorado 80002 (Address) Other Partners By; Not Applicable By: Not Applicable IN PRESENCE OF: Surety INTERNATIONAL FIDELITY INSURANCE COMPANY • WITNES By; Cy thia M. Burnett, Attorney -in -Fact B 7800 South Elati Street, Suite 100, Littleton, David J. Hen nger, Littlet crado (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Colorado 80120 No Text ana " (1) To appoint Attorneys -in -fact; and to authorize them to execute on behalf of theComport, undertakings, contracts of indemnity and other writings obligatory in the. nature thereof: (2) To remove, at any time, any such attorney in -fact and revoke the authority, given. Further, this Power of Attorney is signed and sealed by facsimile pursaant to resolution of d duly called and held on the 29th day, of April, 1992 of which the following is a true excerpt: Now therefore the signatures of such officers and the sea] of the Company may be affixed to facsimile, and any such power of.attorney or certificate bearing such facsimile signatures or fat such power so executed and certified by- facsimile .signatures and facsimile seal shall be valid bond or undertaking to which it is attached. di'and undertakingstcontracts of mdemnityand ilk iz ire rule re�t1anon contract or otherwise,�and r NTERNAT70NAL FIDELITY INSURANCE .j1 •o iowledged,by its regularly elected officers at its;, 3 V ✓ f 5 � 'ti �¢ of the Ry Laws adoppted by the Board of z th day of February, 1974 ,a ✓erand authority Seal'of the Company thereto bonds and'"F?�• r. �. ctors of said Company adopted at -a meeting of attorney or any certificate relating thereto by be valid andbindmupon the Company and any n the Company in le future with respect to any 0 0 0 • SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 0 0 0 'A�i oe CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD)YYY)08N8/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE INSSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policyliest must be endorsed. U SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does no confer rights to the certificate holder in lieu of such endoreement(s). PRODUCER CONTACT NAME: Hackett Insurance Agency 8080 Ralston Road PHONE (MC, Not: FAX (AIC, No): E-MAIL ADDRESS: PRODUCER CUSTOMER IDU Arvada, CO 80002 INSURERS AFFORDING COVERAGE NAIC # (303)420-8061 INSURED INSURER A: Colony Insurance Company INSURER R Evanston Insurance Company Alpine Demolition, Inc. INSURER C. Colony Insurance Company 5790 W. 56" Ave C Arvada, CO 80002 INSURER D: Great American Insurance Company NSURER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ft TR kDDLSUBR NSR1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS WID DATE(MM/DDIYY) DATE(MMIDD/YY) A x ® GENERAL LIABILITY 103GL000294304 3-29-14 3-29-15 EACH OCCURENCE $1,000,000 DAMAGES ( RENTED PREMISES Ea occurrence $100,000 ® COMMERICAL GENERAL LIABILITY DE] CLAIMS MADE ® OCCUR ®XC&U MED EXP (Any one person) $5,000 ❑ PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $2,000,000 ❑ POLICY ®PROJECT ❑ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ❑ ❑ANY AUTO (Each Occurrence) $ ❑ ALL OWNED AUTOS BODILY INJURY ❑ SCHEDULED AUTOS (Per person) $ ❑ HIREDAUTOS BODILY INJURY ❑ NON -OWNED AUTOS (Per accident) $ ❑ PROPERTY DAMAGE $ (Per accident) B ® EXCESSIUMBRELLA LIABILITY CUBW4647313 8-15-14 8-15-15 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 ® OCCUR ❑ CLAIMS MADE $ ❑ DEDUCTIBLE ® RETENTION $10000 $ COMPENSATION AND EMPLOYERS' STATU. ❑ OT ❑ ❑WOORRKETRyS LIABILIER TIC E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNEWEXECU-TIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below YIN E. L. DISEASE - POLICY LIMIT $ C ® OTHER PPL0203801306 8-15-14 8-15-15 Pollution Contractors Equipment IMP836-40-96-04 I1-13-13 11-13-14 1$5.000.000 $594,000 $1000 Ded. DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES ( attach ACORD, 101, Additional Remarks Schedule, If mare space is required) Certificate holder is additional insured on a primary and noncontributory basis with waiver of rights endorsement when required by contract and loss payee. The umbrella liability insurance shall apply on a "quote following form' basis to the underlying policies. CERTIFICATE HOLDER CANCELLATION of Fort Collins North Mason Street tad Floor Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ntYlotatN l A l le[ 26(2009/09) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contact between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 CERTIFICATE OF LIABILITY INSURANCE OATE(MMME 8113/�20'14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER High Country Truck Insurance P.O. BOX 659IALQ Morrison CO 80465 CONTACT NAME: PHONE 303-697-6099 FAX 303-697-1699 Exit AIC No): ADDRESS: INSURERS AFFORDING COVERAGE NAIC k INSURER A. NATIONAL INDEMNITY COMPANY INSURED ALPINE DEMOLITION, INC. INSURER B: INSURER0: 20490 WCR 23 INSURER D: MILLIKEN,CO 80543 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: ZI,31U REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP IY MMIDDYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S PREMISES Eao ,rcrce $ COMMERCIAL GENERAL LIABILITY MED EXP(Any one person) $ CLAIMS -MADE OCCUR PERSONAL S ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acddent IS 1,000,000 BODILVINJURY (Per person) $ ANY AUTO 70APSO47513-01 3/28/2014 3/28/2015 A ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY Per acddenl ( 1 $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per artitlent $ $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- 'MTANY ANDEMPLOYERS'LIABILITY YIN E L EACH ACCIDENT $ PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH( If yes, describe under E. L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS belay COLL/COMP 70APSO47513-01 3/28/2014 3/28/2015 $ 1,000 DED DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER IS ADDTIONAL INSURED CITY OF FORT COLLINS 215 NORTH MASON STREET 2ND FLOOR FORT COLLINS, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE LEROY SANDOVA L ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD