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HomeMy WebLinkAbout551661 ELDER CONSTRUCTION INC - CONTRACT - RFP - 8105 FORT COLLINS UTILITIES VEHICLE STORAGE FACILICity of Fort Collins Purchasing Financial Services Purchasing Division 215 N. Mason St. god Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchosing DESIGN / BUILD AGREEMENT FOR UTILITY VEHICLE STORAGE BUILDINGS BID NO, 8106 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS ATTACHMENTS 00410 Proposal Bond 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (Contractor) 00660 Consent of Surety 00670 Application for Exemption Certificate City of F6rt Colli ns where renewal is a way of life IGMP Proposal Fort Collins Utilities Vehicle Storage Facilities Light and Power Building September 15, 2015 Presented to City of Fort Collins c/o Chad Mapp — Project Manager ELDER C105TIUCIIII ARCHITECTURE j' 'WEST, L. L. C, ARCH I? CCTUREIPt4NNIf14 Index rA. ELDER Fort Collins Vehicle Storage Facility Light and Power Building 1. IGMP Summary 2. RFC Log 3. Drawings 4. Schedule ELDER ceesreecrlee Owner. The City of Fort Collins Designer. Architecture West LLC Project Location: 700 Wood Street Fort Collins, CO IGMP is based on the following plans: • Revised Minor Amendment Submittal drawings dated 8-24-15. • Landscape is based on the red line drawing of the Elm street landscape dated 8-21-15. • ROW site concrete replacement is based on the red line drawing of the overall development plan dated 8-13- 15. Proposal Includes: • General Liability Insurance • Contractor General Conditions Warranty on Workmanship • Shop Drawings and Product Submittals as Required • Standard Work Hours Items Not Included: • This design and IGMP specifically excludes the following design criteria: o Provision to meet LEED Gold as this project type can not be certified by the LEED program o Provisions to meet the River District design criteria o Provision to meet the Art in Public Spaces design criteria • This design and IGMP specifically excludes additional site parking requirements. • This IGMP excludes all applicable taxes consistent with tax exempt projects. • Interior office and restroom facilities are specifically excluded in this design and IGMP. • This design and IGMP specially excludes the storage of Hazardous materials. • Construction permits costs and associated fees • Builder's risk insurance • Legal, financing and accounting fees • Watchman or guard service • Owners Contingency (Recommend that one is established for owner use — Elder is carrying a construction contingency for Elder use as needed during construction) • Weather conditions / cost for adverse weather construction • Material testing • Hazardous material removal • Development fees, storm water permit, utility connection fees, and other utility company charges • Remedial work to surrounding properties QUALITY INTEGRITY VALUE lk�ELDER CN ■sTaICTIIN • Costs for changes necessitated by local municipality code review or other jurisdictions having authority • In the event of conflicts, these qualifications and the stipulated sum estimate shall take precedence over the Contract Documents. • Furniture, Fixtures and Equipment (FF&E), other than listed in this proposal is anticipated to be furnished and installed by the owner. items provided by Owner. • Development and permit fees • Surveying • Geotechnical • Material testing • Energy Modeling / commissioning • Tap fees (sewer, water, gas) • Temporary utility charges • IT / communication • Relocation of fiber optic line • Weather protection QUALITY INTEGRITY VALUE ELDER CIns iI ICilI■ General Building Information Utilities • Building Size 162'x70' (11,340sf) • This IGMP assumes vehicle parking/storage only. No additional activities such as truck washing, maintenance are anticipated. • This design and IGMP incorporate the City's Building and Design and Construction Standards. • We have not included city of Fort Collins engineering fees for water, sewer, or storm. All utilities are assumed to be outside of city ROW. • We have not included stormwater escrows or city of Fort Collins fees associated with LID improvements. • APEN permit is excluded. • State Stormwater permit is excluded. Sanitary Sewer • There is an existing 27 inch sewer line that runs diagonally across the service yard to the north of the proposed structure. There is an existing manhole located north of the proposed structure that we plan to use. A new 4 inch PVC service line will be required to serve the sand / oil separator for the structure. The service line will need to cross an existing 24 inch North Weld water line. All sanitary sewer design and construction shall conform to the Fort Collins Utilities standards and specifications. Domestic Water • There is an existing 6 inch dead end water line north of the proposed structure. A new service line (size to be determined) will be required to serve the proposed eye wash stations and wall hydrants. The service line will need to cross an existing 27 inch sanitary sewer line and 24 inch North Weld water line. There are two (2) existing fire hydrants within the service yard, one adjacent to each of the existing structures. All water service design and construction shall conform to the Fort Collins Utilities standards and specifications. • Water Tap Fees and Water Rights for new water line are not included within this IGMP. • It is assumed the project team will be able to install the new water line over the top of the existing 27" sewer main. Site Electrical • This GMP proposal assumes the City of Fort Collins Light and Power will provide an electrical transformer within ten feet of the new building. This GMP proposal does not include cost for trenching primary service, providing primary service, or cost associated with a new transformer. • We have included two runs of 2001f of 2" conduit only for tele data. Wire and termination to be provided by local service providers. • We will coordinate relocation of fiber optic line with L&P staff. Cost for relocating fiber line is excluded. • Site pole lighting is excluded. Nat. Gas Distribution • This IGMP proposal assumes the City of Fort Collins will pay all Xcel Energy infrastructure costs associated with providing a new gas meter to be located on the building. Site Drainage QUALITY INTEGRITY VALUE Site Paving ELDER C..ii..Cil.. • The proposed structure will be placed in an area of existing asphalt within the service yard; therefore, there will be no increase in impervious area and no requirement for stormwater detention. The site sheet flows to the south and runoff is directed via an existing storm drainage pipe to a detention and water quality pond located to the northeast of the property. • Additional low impact development (LID) water quality enhancement features have not been anticipated or included within this IGMP proposal. Due to the current site constraints and use of these facilities pervious pavers, bio-retention, rain garden or grass lined swale are not practical. • Due to the location and orientation change of the building we will need to address drainage at the West side of the building. This area is still under design and will be finalized during civil engineering design of the site. • We have included patching and repair of existing asphalt around the building as necessary to provide the building foundation system, new utility connections, and new exterior concrete aprons. Additional site grading or re -pavement has not been included. • We have not included any pavement replacement beyond current site boundary. • We have included a 6' exterior concrete apron at the West side and a 20' exterior concrete apron on the East side of the building per the revised Minor Amendment Submittal. • We have included the site concrete work on the existing sidewalks and HC ramps as requested by the City of Fort Collins. Work to include replace / and / or repair of the areas identified on the drawing dated 8-13-201S and will include 6 HC ramps and grinding of edges of sidewalk in 5 locations. Landscaping and Site Improvements • We have included the landscaping repairs per the minor amendment comments along Elm street in this IGMP per the drawing dated 8-21-15. • We have assumed that the existing irrigation system is adequate to provide irrigation for the additional nine (9) trees and eight (8) virginia creeper vines. No additional irrigation work other than tying into existing system and providing drip heads to nine (9) new trees is and eight (8) virginia creeper vines included. • We have not included any new fencing. Some fencing is anticipated to be added at the southwest corner of the lot. This will be addressed once the scope is determined, no allowance is being carried for this scope. Building Concrete • Spread footing foundation with 2' stem wall final calculation after soils testing, using 3500 P.S.I. concrete. • 6"concrete interior floor with WWM 1.41.4 wire mesh. 4000 P.S.I. concrete • Concrete cure, hardener, and controljoints included. • The use of 15mil vapor barrier under the building slab is not anticipated or included. • Heating of interior slab on grade construction is not included. • Heating of exterior slab on grade construction is not included. • Twenty Four (24) — 6" pipe loga. Concrete filled bollards. • 152' of interior building trench drain with 12" galvanized traffic rated grating. • Sealing and caulking of concretejoints is excluded. Masonry QUALITY INTEGRITY VALUE Steel ELDER CI a IiI I6i1a■ • We have included 4" masonry unit veneer as shown on the revised Minor Amendment Submittal drawings dated 8-24-15. • All necessary anchor bolts included. Woods and Plastics • We have included rough carpentry as necessary to complete the intended design scope. Thermal & Moisture Control Openings Finishes Specialites Equipment Furnishings • R-38 roof insulation and R-45.3 wall insulation system (2" insulated metal panel and fiberglass batts with vapor barrier). • Two (2) — 3070 prefinished steel man doors with panic hardware, threshold and weather-stripped. • Six (6) — 22' x 14' Amarr model 2700 Steel insulated and weather-stripped overhead doors with electric operators. Standard manufacturers color. • Six (6) — 22' x 14' Amarr model 2700 Steel insulated with row of full view lights and weather-stripped overhead doors with electric operators. Standard manufacturers color. • Six (6) — 22'x2' Bronze aluminum with low E glass • Two (2) insulated windows as shown on the revised Minor Amendment Submittal drawings dated 8-24-15. • None anticipated • None anticipated • None anticipated None anticipated Special Construction (Pre -Engineered Metal Building) • One — "Multi -Span" 70' x 162' x 25' Steel Building with 1:12 Roof Slope • Building designed using IBC 2012 with 20 lb. Live Load, 30 lb. Ground Snow Load, and 115 M.P.H. Wind Load. • Building to have "Standing Seam" roof. Proposed panel is Ultra Deck roof panel. • Building to have 2" Insulated Metal Wall Panels. Proposed panel is Mesa wall panel. Color to be selected from Standard I or Standard II colors. • Interior walls to be have full height liner panel. Proposed panel is PBU. Color TBD. • 162 feet of gutter and downspouts. Color to be selected from Standard I or Standard II colors. • Full ceiling liner panel. Proposed panel is PBU. Color TBD. • 2 metal awnings are included per the revised Minor Amendment Submittal drawings dated 8-24-15. ALLOWANCE $8,000. QUALITY INTEGRITY VALUE Fire Protection Plumbing HVAC Electrical ELDER CfffiffCilf■ • We have included a single wet fire sprinkler protection system to meet NFPA 13 requirements. • Provide new water service and reduced pressure backflow preventer for building. o Provide two (2) interior hose bibs. o Provide two (2) exterior hose bibs. o Reduced pressure backflow preventer. o Provide plumbing for (1) trench drain. o Provide 1,000 gallon sand/oil interceptor. • Provide two (2) portable eyewash stations. Due to building temperature being below ANSI standard for 'tepid water', provide model with internal heater. HAWS 7501FP or equivalent. We have priced an alternate to provide fixed hard piped units. • Provide gas piping for HVAC equipment. • Radiant tube heaters at roof/ceiling for heating. Due to CNG/LNG vehicles being stored in the building we have included eight (8) tube heaters specifically designed for this application. Re-Ver-Ber-Ray DX3-40-60 or equivalent. Radiant tube heaters required to have maximum surface temperature of 750F per NFPA 30A, 60 MBH input and 40 ft tube length. • Provide single wall galvanized piping intakes with wall terminations, and type'B' vents with roof terminations. • Due to CNG/LNG vehicles being stored within the building we have included the following exhaust system: o Provide two (2) inline exhaust fans, each sized for 11,000 cfm. Exhaust fans to include an explosion proof motor. o Provide roof exhaust hood for each fan, with motorized backdraft damper. o Provide four (4) low intake louvers with motorized dampers. Each louver approximately 60" x 48". o Provide methane detection system. Upon detection, system to initiate visual alarm, audible alarm, open intake dampers and operate exhaust fans. o Assumed low voltage wiring is not in conduit. The above system can be used for summer heat exhaust if required. • General: We have assumed all exposed wiring shall be in EMT conduit, minimum size 1/2", and that MC cable will not be acceptable where exposed to view. • Demolition: We have excluded demolition. Based on the information provided, we do not anticipate any requirement for electrical demolition to prepare the site for construction. • Non -lighting Site Work: As a provision for a telecommunications service, we have included Two (2) 2" underground conduits from a location near the electrical panel to a location up to 200' away. • Lighting and Controls: LED lighting QUALITY INTEGRITY VALUE ELDER CINiiINCil1■ Power Distribution System: We have included a 100 amp 120/208 volt 3-phase 4-wire electrical service with a fusible main disconnect on the building exterior and a 24-circuit panelboard on the interior of a wall near one of the man doors. We have assumed the distance from the utility transformer to the meter socket and main fusible switch will not exceed 10 feet and that the distance from the main fusible switch to the circuit breaker panel will not exceed 10 feet. We have also include one (1) empty 1-1/4" EMT conduit from the panelboard to a point up to 30' away and a spare circuit breaker to facilitate the connection of a PV system. • General Purpose Power: Convenience receptacles as required. • HVAC and Plumbing Equipment Connections: Power wiring only to eight (8) gas -fired radiant tube heaters. • Owner Equipment Connections: We have included the following: 1. One (1) 20 amp 208 volt 1-phase straight -blade receptacle. 2. Twelve (12) power connections to overhead door operators not to exceed 3/4 horsepower. • Fire Alarm: We have included a fire alarm control panel to monitor the fire sprinkler system only. The base price assumes a telephone service will be provided to the building by others. • Telecommunications Rough -in: We have assumed the building will have phone service and have included one (1) rough -in provision for a teledata outlet, consisting of one (1) 4"-square box and one (1) 3/4" EMT conduit stub into the ceiling space. • Card Access Security System Rough -in: We have included two (2) rough -in provision for card access readers, each consisting of one (1) 4"-square box and one (1) 3/4" EMT conduit stub into the ceiling space. • Photovoltaic System ALLOWANCE QUALITY INTEGRITY VALUE W2 ELDER n„ui 1. as . 1-11 911612016 Fort Collins VSB Light & Power Request For Change (RFC) LOG Responsible Estimatatl PentllnB Rejected Approved ECI RFC 0 Originating Document Date Opened Change Initiated By Description Due Date Date Resolved Parry Costs Costs Coate Cost 4➢Y Oaginal Proposal OW24115 Team Building Alternate a 2- Interior watt liner penal 08/04/16 07109/15 Chad $20.929 $20.929 A M Original Proposal O6C4I15 Team Building Alternate 93- Roof liner panel win R-38 insulation OSM4115 07,09115 Chad $34,954 534.854 A Walt on the Item until noel budget Is 22L Original Proposal OGQ4115 Team 10/15115 Chad $9,222 $0.222 P established, Will do It money is plump, ABemdle e 1 -Hand pipe eyewash 2 stations available. Accepted. Confirmed by Ballard Group that this will handle CNG. 11AH OIIBinal Proposal OBC4/15 Team 0127115 07116115 Chad 361,035 $61035 A LNG, and neat exhaust This wig HVAC Arernale a 4- ONE/ LNG Movi Accepted. No press" Wit pas used. net grand. Proper. exhaust. Elacinnl Aaemaie a la- Solar array system on LbP- ALLOWANCE pending design and OOM7115 07/16/15 Chad $107,060 $107060 A Ailowan.- Teem to fnel¢e loads 09 Ongmal Proposal 0624/15 Team sibs and design. Explore taller doom an LBP. 12' doors are designed and pncep. 14' doors may be P.1.1 Owam request 07108/15 City requested City le checking to a.. whet is exrating and would Ilk. to match if poe.I6le. This 07/17115 07/16/15 Chad $16.000 $16.000 A enacts metal building coat Need answer ASAP, g14 NIA Ofil Team Battery charging stations for vehicles. Will look at MIS Item if budget supports It 10/15115 Teem $0 $0 P Is this a request we went to explore'/ 9?.5 N(A 08/24/15 Team Nelaem design, additional Consulters, FeasS$ 08/27/15 Steve $0 50 P ON WA 00124/15 Team Cable. with city Cerualmsen. trusts energy modeling O6C7115 Chad $0 $0 P Chad to contract for modeling. rows old. City communication. security a FOB ren-ts. Also need to understand OH OBQ7115 Chad $0 SO P gyz NIA 06C4115 Team doom / PFA. radio testing, If this is going to be required we might be able to and cut earlier than at Steve to speak with Jim at PFA to Pig OAC roaming 07KW15 Teem time of final lnspecbons. We can discuss mrs item win PFA at time of building permit tONV15 $20.000 $20,000 p discuss further. suaminal. P Will reviewwithmadam prior to 922 01 aski 07MW15 Teem Buildin Code l Pamn/ Fire Department review 10/01/15 Steve SO $0 ilMn Buall Not [boplill. yal. Win not happen prior amendment gyg OAC meeting 07I08115 Team 0807/15 Cried $0 SO P Chad o. woMring with King to get)"I. Site Sumay, by City, utility locates, tope. 6 confirm building site locations survey done ASAP. Revised Pricing Based on Minor J>Z@ Initial PBZ Comments 07I16115 Teem Late Building Design Change 01 Tim $73,973 $73.973 A Amendment Resubmntal drawrpe 24-15. gag Use Stan 07116/15 Team LSP Location Change (ROM pending design) OICl/15 Chad 33.200 33.200 A on LBP Stan 07116/15 Teem Add 5' wdth to LBP BuiNing OBC0115 Tim S15957 $15,957 A Panel o p,load as Mesa profile or equal. Elder to provide color chips 033 None 08/06/15 Teem Pa"I selection OBC0115 Steve $0 A andpanaleample. Due9/11from DBS. Under an lumll 034 Sne.ndripm 08A)B115 Team External trance drain /pratllnp design - Range E25,000b E75.000 depending on design. OBCOl15 Steve E50.000 E50.000 A allover. designs comsplete. 035 Minor Amendment OWIV15 MIA comment, Additional ROW repair per minor amendment comments 08C0/15 Sieve/EMer $28,079 526.078 A 036 Minor Amendment 09CO115 MIA ...rim Landscaping at Elm-Add(9)trees, FNF- Ash - could change type. 09111/15 Tim S10,511 $10.511 A 037 LBP start CM4115 Chad Extend cci salon on East red to 20' OB111/15 Tim S22, 179 W2,179 A 030 Minor Amendment 09/10115 T,m Added GC's-nchudldl 'hinge, due to added 6cope 0911411, Tim 522751 $22, 751 A Q Teem B.IIEIng Alternate# , - eu.,dablefifift1parnal 08104115 C71091t5 -d 9H241 $72241 R " Team ialper ataa t - In near addel.M 08104/15 07/OB115 had $162650 5102,850 R HVAC Address a 2-redwnt four heat- ground 80urce heat Pump. Steve wit contact Daniel fed. Clinical Proposal 01 Teem to got Parameters or design in Croatia defermine it system In the pond wit become too forge 081 0126/IS Chad SI94, 168 SIMJ68 R Retarded on&20 conference Call far easement Northern Colorado 970.744.4731 wvw.eldercon=rucfiodincpom "olora:o Spring[ 7'9.471.2708 SECTION 00410 PROPOSAL BOND ,ELDER . e,.::,l:. . ya,ue Le""""" 9/16/2015 Fort Collins VSB Light & Power Request For Change (RFC) LOG Responsible Estimated Pending Rejected Approved ECI RFC N Originating Document Date Opened Change Initiated By Description Due Dale Date Resolved Party Costs Coats Costs Cost 0107 Original Proposal 06R4115 Team 08ANT6 07116115 Chad 510,547 ym 0.54' R Not mqutred tedious Item • 008 will HVAC Alternate 0 0 - summer beet avnaual system Perlmm this exhaust tandton. Il111 OAC Meeting 071Da115 City PEND pptamo-eMfiftral dealge request.. 07/17/16 07/16115 Elder $0 50 R Moved to Items 29 30, 01 = OAC meeting 07100I15 City Envelopestup 'rRC D7M0115 Chad $0 UU R Not hellion. M OAC meeting 07108/15 Team Planning Prodrer, confirm MlnDf AmendmOnt building de: ip and landscape requiremem6, 07/'1116 OD104115 Steve iU $0 P Submit by 'r11. Comments due Conceptual Rov,ne Stull. 224 OAC mnesmp 07/08/t5 Teem Sal up reedy, maenng wen PPA. 09/01/15 1 07116,15 1 Sieve I s0 I C Close - move to Item d 020 M OAC there, 07MWI5 l'.am Lap - dotage Md evolve to loclede rverllo n4pnp tool 07/17115 I 0i1113115 Chad 50 Y. Closed. Move to Item• 018. M OAC rrinelmg 07/09h5 Team 07,17115 Team so C Up to relocate. Not to be Included Fluor dyed line- locate and delarmam ine who rams, it Can it be bulls one Can It be moved'! within thdproled budget a7 CAC Meeting 07116115 Team Melling Ibtm City for neighborhood meeting mallot. Chid volt reply to Tod Sheppard Ull/O1115 Chad s0 C Comptelvd. and dared M OAC meeting 07/16/15 Team Crops on avoileblldy of Farm for neighborhood moving. Closed Chad be%meeting sat up 07(_'1/15 07I23I15 Chad $0 $0 P Chatl Is chocking en a..11.blll for HI ORIGINAL CONTRACT VALUE. Preliminary breakout of UP from GIMP price. Final price TBD. St 078.525 TOTAL PENDING RFC'. 2., _.. TOTAL REJECTED RFC'. yt: TOTAL APPROVED RFC-6 5-W 2 I:URRENT CON I'?A(;I VALUE 10WANAI. PI.1IS APPPGIVED) - PENDING CONTRACT VALUE Si 565,g74 Northern Colorado 97D.744.4701 www.elderconslructionmc.com Colorado Springs 719.471.2708 ®ii PLAN .orrowae roNr. WST LED FZL. IA= I I I I I I I I I I 1 1 I I J 1 I L 1 I I 1 1 I I e I I I I I I I 1 I I 1 I I 1 I I 1 1 I I i I I ® li PLAN NpT« . ma VICINITY MAP LEGAL DESCRIPTION FR�f Np wer tear elUGe ce ns nm. Drll raw NT/rtdIDi 19.D0.L1NLN•41�hL.'MpG1A' SID. noT ue AnorteN ro rce. coact na N�ea rover p ova. GII'! rllli fNNmIYYl llilIl T elwbA uI.mwrp maze ceNma nwDT fmovml. p lNG DIANG[ CdRR YlFAOONIDYJl� u9 wYJLwr d lC/i �, bldOK UIBGvyYa �p�wG0.1Me� m(IDtfYD.fM ralY fTLKiSIG MrNATW. ALLYlmNMll 1MKliyYl9p yGiKM 11, TIYA{1M. RItrl MrtOTp MOIw IM1l1LVIe. MP1lP/ 4T'p nL1lr fQLID. L4lR2R CQNtt, fe1pAL0 PLANTING LIST sm earwra wee eenalwr eve«: *w saDr an. FA NMlY YC6 hAY VtGO ]!11 F® . •lYR) IT.R) RC.C�Defhe D-VRbwM LR6Al1`AVLI LKD G.l2r Vla Ai M'!<p qR. Ri YDILr) CONDITIONS MIY MDDw ItcW tM XND YaL fi mL.Ymree M'ATla.m RAN. Au LDNfMt RiryRFi9N4L Yf! AGONCDMID, INlr &�EiL® L6NI tdlfF NObINL FFATR DNNV 4rteleGMbVfYMbLObM�Y ITiIMrt. YLl Lb,f. 6LI12 NOWLIB]Vv PnNDML paMtlgw W M euvA1YA6Me WT /TeA® mu 1wDNNLR Me3�mlr, AMAGIi G(YTMr n6L 8! RtdR®. wDwO W/.LL HN2 ATRO.m /.G .t�D NM®tD. LLAf/1N W1N PPi912 rD[.i(M1Y}Nir. �/m Pe'�IID•V¢ �eWM/em R9LGaM.DIRIDI MO DIJ[Igl< IlvAres wr rn waver Du1TD xDaa rai R Nurarewn®, ea+earzc+m. ALL Mf4 V.W!!.L GLIMdr D rDG M FN6LN6 L1R V61. D[ 9LA�.®. WOOD STREET VEHICLE STORAGE LIGHT & POWER SITE & LANDSCAPE PLANS PORT COLLINS, COLORADO ARCHITECTURE Iti WEST, L.L.C. II 1r: IL FINISH MATERIALS R�- PRG-lNtlXID al�NNlhS YAM MRK RGY/P- vN�IC R} PRC{NW➢lILI.LNVHt. t.!N RliNb® ld.I.l61 KKK NW. PM111 ..W YQ- NfMRK(AG1!®CM/[RWtaR'I lN16 RCX IIM.W G01M'W) .4 Im.IaClD !'CGN'P!R EAST ELEVATION vs..o MST ELEVATION NORTH ELEVATION NMTHVMT FMv-S GTIVE P� a � K rvaws C9:.^9 "7 !'i r1 "'1 �l +'1 o.0 PATO,N ouNaei �'.. •. l ight �._ r.._ � = _-'rN+reea raicem carwarz r_ _I Nneawviwr �.. i - r - Naanao racriNwR mmi SOMMADT PER-&PWTNE rr� i '---aim.r<NCRert Rowwce mn 90VTH ELEVATION w -11 WOOD STREET VEHICLE STORAGE LIGHT & POWER ELEVATIONS & RENDERINGS FORT COLLINS, COLORADO M.'V.Ui�CY11Y Mt,[war4[gL.UJ .a4 4VM ARCHITECTURE +� j ,a,.miN..mom II WEST L.L.C. x x x x ")C'r6. M �V ... .c:- . .�... ..�.._ .._ _ _... ..T ::._ .»w _.�.�.. _ .:I^.•.• -. .-;, .:�:. ..ter `EWTdPgectW�MY[P4T�• ht1�k.: r ------------ ELM STREET %"N- R+a a LLI a. aow�.aaw zm.vnow•...' _ LU 1 > ZF] ` � a NOTE. SEE SHEET 3 OF 4 FOR LANCSCAPE PLAN TO THE EAST AND PL ddlmawti. �cIWY1sM-14iR� ITI.eM.I Rc fHf� Mtl� Riw+lWlc r.A1N.Vhr..n 76o wasp A" - WEST 0.7-1115 PLANT LIST ABB. SCIENTIFIC NAME COMMON NAME SIZE NOTES QTY. DECIDUOUS TREES 4T ^ FNF Fraxinus t+grs-�F Ilgoltt: F,allgold Ash (,1/*4 !SIMCIC3 2" cal B+B (-a JEWN FP Fraxinus pennsywanca Green Ash k Tyrr- i 2' cal B+B 12 GD Gymnocla" diolCa Kentucky Coffeebee 2" cat B+B 3 GTS Gledi;sia triacanthcs in. 'ShadrmasW Shademaster Honeykxust Z" Cet B+B 3 OR Quenars Robur English Oak 2" cal B+B 3 ORNAMENTAL TREES CCI Crataegus eras-galli lnermis' Thorniest Cockspur Hawthorn 2' cal B+B 4 EVERGREEN TREES PPG Picea pungens glauca Colorado Blue SmXe t1' ht. B+B 3 PPG Pioea pungens glauca Colorado Blue Spruce 11Y ht B+B 4 4 trees upsized for mitigation PPG Picea pungens glauca Colorado Blue Spruce 12' ht B+B 4 4 trees t7DSVM fir mitiGation PN Pinus nigra Austrian Pine B' ht. B+B 4 PN Pinus nkkgra Austrian Pine 117 ht B+B 2 PN Pinus nigra Austrian Pine 17 ht_ B+B 2 2 bees upsized for mtg tron DECIDUOUS SHRUBS AA Aronia artwtfota'Brillantics'Ima' Red Chokeberry 5 gal 6' o.c 45 AM Aronia melanocaW Black Chokeherry 5 gal 4' o c. 42 CDC Cotoneaster dwaricaitts Spreading Corrneaster 5931 4' o c. 47 CSr comus sdicsa'Isarb Isanu Dogwood 5 gal. 6' o.c. 76 PO Prunus be"- Western Sand&Karry 5 gal 5' o.c. 56 SCH Sympho&,arpos x chenauK'Hancock' Hancock Coralberry 5 gal_ S' o.c 67 RA Ribers alpinum Alpine Current 5 gat 5' o.c 47 EVERGREEN SHRU65 JCH Junlperus chlnensis'HolMr Hnlben Jumper 5 gal. T o.c. 59 JSB Junlperus sabina 13ufFaW Buffalo Juniper 5 gal 6' o.c 135 10111)GATION 5 existing trees have were iden0fed on site to be mitigated The City Forester recommended on 311102 • 10 proposed trees should be upsized to replace the 5 trees bst The 10 tees to be upsized are identified in the plant bst above. ,KUt-- alksT s ,21, t5 CCN Pa PM1.lYl 1 ni ! ! PMNW F! T I � • { / tll �p J I CWCIMTp1 I.M06ERNCF • { IEns AD'M amRDa ! �� ens�•c EDafM _ .Am w A, aias�ssa A Alp RAM PI I cweuufpn P,+{ay dy AND ME E ADD T.D. i vvauu �; �a RAMP 2 N AND DEMO., CONC. DEMO., fl EPIACFMFNI, a ••••• ••••• ••••• ••+.••: .� cieuuTar.awaRRce ' i f flIN DING 6 LD. vuawc I I t0 a (� vMOHO ry rum•xWaE 0N i=1 I V •o .e gym• vuasw AD •• FZ �. AD F IF --A • . IAA. N 9 3 �e�ffF{zPuf iA6RN5 u,F •�• } 1•..-'� RAMP 1 ADD LD ZONE__ T 5 A L K - O01°1Np G AIN DING HIGH T1f1 aEedRegsl -enn P 5 RAMP I AMP 2 1 A RMP 2 RAMP 3 RAMP 1 RAMP 5 5 H.C. RAMP MODIFICATIONS T.D. - TRUNCATED DOME 5 WALK TO GRIND HIGH EDGES H.C. - HANDICAP AMENDED OVERALL DEVELOPMENT PLAN CITY OF FORT COLLINS UTIILITY SERVICE CENTER FORT COLLINS COLORADO FF� ARCHITECTURE T41• U [ YnG t•• R•eele[ Oarnm24 a M • �een,o�Uee oe<,m•n. AUGUST 13, 2D15 Pe l.r fMl [nNeee.fY R.e.. Project: 2722N - Fort Collins Vehicle Storage Date: Wed 9/26/15 ID Task Name Duration Start Finish Predecessors Jul'15 Au '15 I Se '15 Oct'15 Nov'15 Delan'16 Feb'16 Mar'16 A r' 5 1 1 2 9 2 6 1 2 4 1 2 1 8 1 6 3 7 61 2 3 1 0 2722N - Fort Collins Vehicle Storage 237 days Preconstructlon 151 days Submit Proposal 0 days Award 0 days Conceptual Review with City of Fort Collins 1 day Prepare minor amendment dots 4 days Submit Minor Amendment 30 days Neighborhood meeting 0 days Resubmit Minor Amendment Comments 0 days Site Survey - Performed by King Surveying 6 days Execute GMP with City of Fort Collins 10 days Final Survey Information from City of Fort Collins 0 days Order Pre -Engineered Metal Building 1 day PEMB Reaction & Approval Drawings 25 days Complete MEP Engineering 50 days Complete Civil Engineering 50 days PEMBApproval 5days Complete Structural Engineering 10 days Return PEMB Shop Drawings 1 day PEMB Fabrication 50 days Complete Final Construction Permit Set 1 day Submit for Building Permit 0 days F&F Permit Issued 15 days Plan Review Period 40 days Mobilize Jobsite 1 day Permit Issued 0 days Ught and Power Building 107 days Site Demolition 2 days Site Utilities 5 days Foundation Excavation 3 days Form, Reinforced and Place Footings 3 days Form, Reinforced and Place Foundations 5 days Damproof and Insulation 1 day Backfill Foundation 2 days Install Underground 2 days Inspect Underground 1 day Form, Reinforce and Place Slab 3 days Erect Metal Building 50 days Place Bollards 2 days Place Site Concrete and trench drain 10 days Wed 6/24/15 Wed 5/25/16 Wed 6/24/15 Tue 1/26/26 Wed 6/24/15 Wed 6/24/15 Mon 7/6/15 Mon 7/6/15 Tue 7/14/15 Tue 7/14/15 Thu 7/16/15 Tue 7/21/15 Wed 7/22/15 Tue 8/4/15 Wed 8/19/15 Wed 8/19/15 Mon 8/24/15 Mon 8/24/15 Fri 8/28/15 Fri 9/4/15 Thu 9/3/15 Thu 9/17/15 Fri 9/4/15 Fri 9/4/15 Tue 9/15/15 Tue 9/15/15 Wed 9/26/15 Tue 10/20/15 Fri 9/18/15 Fri 11/27/15 Fri 9/18/15 Fri 11/27/15 Wed 10/21/15 Tue 10/27/15 Wed 10/21/15 Tue 11/3/15 Wed 10/28/15 Wed 10/28/15 Thu 10/29/15 Fri 1/8/16 Mon 11130/15 ,Mon 11/30/15 Mon 11/30/15 Mon 11/30/15 Tue 12/1/15 Mon 12/21/15 Tue 12/1/15 Tue 1/26/16 Tue 12/22/15 Tue 12/22/15 Tue 1/26/16 Tue 1/26/16 Wed 12/23/15 Fri 5/20/16 Wed 22/23/15 Thu 12/24/15 Mon 12/28/15 Fri 1/1/16 Mon 1/4/16 Wed 1/6/16 Thu 1/7/16 Mon 1/11/16 Tue 1/12/16 Mon 1/18/16 Tue 1/19/16 Tue 1/19/16 Wed 1/20/16 Thu 1/21/16 Fri 1/22/16 Mon 1/25/16 Tue, 1/26/16 Tue 1/26/16 Wed 1/27/16 Fri 1/29/16 Mon 2/1/16 Fri 4/8/16 Mon 3/7/16 Tue 318/16 Wed 3/9/16 Tue 3/22/16 5 9 7FS+1 day,10FS 11 10 10,9 13 7,10,13 16 18 ' 15,14,17 20 20 21 22 23 25 27 28 29 30 31 32 33 34 35 36,19.24 37FS-25 days 38 Preconstmalon ith City of Fort Collins ndment dots Amendment rhood meeting Minor Amendment Comments Survey- Performed by King Surveying Execute GMP with City of Fort Collins ial Survey Information from City of Fort Collins Order Pre -Engineered Metal Building PEMB Reaction & Approval Drawings 1 Complete MEP Engineering - Complete Civil Engineering PEMB Approval _ Complete Structural Engineering 1 Return PEMB Shop Drawings PEMB Fabrication 1 Complete Final Construction Permit Set ♦ Submit for gullding Permit F&F Permit Issued a Plan Review Period 1 Mobilize Jobsite ♦ Permit Issued g Site Demolition 0 Site Utilities M Foundation Excavation ■ Form, Reinforced and Place Footl = Form, Reinforced and Place Fo 1 Damproof and Insulation g Back0ll Foundation fill Install Underground 1 Inspect Underground It Form, Reinforce and Place Er g Place Bollard Place Sit 1 # Submit Proposal ♦ Award 1 Conceptual Review w 0 Prepare minor ami Submit Minor ♦ Neighbc ♦ Resubmit ® Sit 1111111111 ♦ FI 2 3 4 5 6 7 8 9 10 12 11 13 14 15 16 17 18 19 20 21 22 23 25 24 26 27 28 29 30 31 32 33 34 35 36 37 38 �399 /39 \t, ' / ELDER Page 1 Milestone Pr ect Summary V'� Completed In Progress Task Name 40 Off site concrete work 41 Install Masonry 42 MEP Rough ins 43 MEP Inspections 44 Install Uner Panels 45 Install Garage Doors 46 Off site Landscape work 47 ECI Punch list 48 Final Clean 49 Final Inspections 50 OAC Punch list 51 Water Building 52 Site Demolition 53 Site Utilities 54 Foundation Excavation 55 Form, Reinforced and Place Footings 56 Form, Reinforced and Place Foundations 57 Damproof and Insulation 58 Backfill Foundation 59 Install Underground 60 Inspect Underground 61 Form, Reinforce and Place Slab 62 Erect Metal Building 63 Place Bollards 64 Place Site Concrete 65 MEP Rough -Ins 66 MEP Inspections 67 ECI Punch list 68 Final Clean 69 Final Inspections 70 OAC Punch list 71 Owner Turnover Project: 2722N - Fort Collins Vehicle Storage 5 days Wed 3/23/16 Tue 3/29/16 39 10 days Wed 3/23/16 Tue 4/5/16 39 4 days Wed 4/6/16 Mon 4/11/16 41 1 day Tue 4/12/16 Tue 4/12/16 42 3 days Wed 4/13/16 Fri 4/15/16 43 7 days Mon 4/18/16 Tue 4/26/16 44 5 days Wed 4/27/16 Tue S/3/16 45 5 days Wed 5/4/16 Tue 5/10/16 46 2 days Wed 5/11/16 Thu 5/12/16 47 1 day Fri 5/13/16 Fri 5/13/16 48 5 days Mon 5/16/16 Fri 5/20/16 49 89 days Fri 1/22/16 Wed 5/25/16 2 days Fri 1/22/16 Mon 2/25/16 33 10 days Tue 1/26/16 Mon 2/8/16 52 2 days Tue 2/9/16 Wed 2/10/16 53 3 days Thu 2/11/16 Mon 2/15/16 54,31 5 days Tue 2/16/16 Mon 2/22/16 55 1 day Tue 2/23/16 Tue 2/23/16 56 2 days Wed 2/24116 Thu 2/25/16 57 1 day Fri 2/26/16 Fri 2/26/16 58 1 day Mon 2/29/16 Mon 2129/16 59 3 days Tue 3/1/16 Thu 3/3/16 60 25 days Mon 4/11/16 Fri 5/13/16 61,37 2 days Thu 5/5/16 Fri 5/6/16 62FS-7 days 3 days Mon 5/9/I6 Wed 5/11/16 63 1 day Thu 5/12/16 Thu 5/12/16 64 1 day Fri 5/13/16 Fri 5/13/16 65 3 days Mon 5/16/16 Wed 5/18/16 66 1 day Thu 5/19/16 Thu 5/19116 67 1 day Fri 5/20/16 Fri 5/20/16 68 3 days Mon 5/23/16 Wed 5/25/16 69 0 days Wed 5/25/16 Wed 5/25/16 50,70 < J{ ��DE� Page Task � Summary r�1 Critical In Progress Milestone ♦ Project Summary �� Completed \' a a 1112 1 m0111110 Date: We., 9/16/15 0 Off sl gib Im I lig Site Demolition ggi Site Utilities I Foundation Excavation S Form, Reinforced anc 0 Form, Reinforced a 1 Damproof and Ins Backfill Foundatic I Install Undergroc I Inspect Undergr g Form, Reinforc City of ort Collins L where renewal is a way of life IGMP Proposal Fort Collins Utilities Vehicle Storage Facilities Water Building September 15, 2015 Presented to City of Fort Collins c/o Chad Mapp — Project Manager ELDER C a 1 3 T I I C T I I I ARCHITECTURE Ca0 WEST, L.L.C.. ARCH I'r cc ItURF-epl-4NNIND Index Fort Collins Vehicle Storage Facility Water Building 1. IGMP Summary 2. RFC Log 3. Drawings 4. Schedule k rrllrie ALNDocument A31 OTM - 2010 CONTRACTOR: SURETY: Elder Construction, Inc. The Ohio Casualty Insurance Company 7380 Greendale Road 8700 Indian Creek Pkwy Windsor, CO 80550 Overland Park, KS 66210 This document has important legal consequanws. consultation with OWNED: an attorney is encouroged with to Its completlon or City Of Fort Collinsrespect Y modllicatlan. 215 North Mason St., Fort Collins, CO Any singular reference to Contractor. Surety, owner or BOND AMOUNT: Five percent (5%) of amount bid other party shag be cons dared plural where applicable. PROJECT: 8106 - Fort Collins Utilities Vehicle Storage Facility The Contractor and Surety arc bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, suct:essors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in thejurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Sig sled thi 4th day of June, 2015 (Principal (Seal) fitness) z re'ty) (Seal) (Witness) Attorney in fact David S Salaviteh (Title) AIA Document A710^ - 2010. Copyright 0 1963, 1970 and 2010 by The Amer'= Inslitula or Arc rltacts. All rights ro Nvd. xioe ELDER Co IiTI ICTII■ Owner: The City of Fort Collins Designer Architecture West LLC Project Location: 701 Wood Street Fort Collins, CO IGMP is based on the following plans: • Revised Minor Amendment Submittal drawings dated 8-24-15, • Landscape is based on the red line drawing of the Elm street landscape dated 8-21-15. • ROW site concrete replacement is based on the red line drawing of the overall development plan dated 8-13- 15. Proposal Includes: • General Liability Insurance • Contractor General Conditions • Warranty on Workmanship • Shop Drawings and Product Submittals as Required • Standard Work Hours Items Not Included: • This design and IGMP specifically excludes the following design criteria: o Provision to meet LEED Gold as this project type can not be certified by the LEED program o Provisions to meet the River District design criteria o Provision to meet the Art in Public Spaces design criteria • This design and IGMP specifically excludes additional site parking requirements. • This IGMP excludes all applicable taxes consistent with tax exempt projects. • Interior office and restroom facilities are specifically excluded in this design and IGMP. • This design and IGMP specially excludes the storage of Hazardous materials. • Construction permits costs and associated fees • Builder's risk insurance • Legal, financing and accounting fees • Watchman or guard service • Owners Contingency (Recommend that one is established for owner use — Elder is carrying a construction contingency for Elder use as needed during construction) • Weather conditions / cost for adverse weather construction • Material testing • Hazardous material removal • Development fees, storm water permit, utility connection fees, and other utility company charges • Remedial work to surrounding properties QUALITY INTEGRITY VALUE ELDER aINS rsscris■ • Costs for changes necessitated by local municipality code review or otherjurisdictions having authority • In the event of conflicts, these qualifications and the stipulated sum estimate shall take precedence over the Contract Documents. • Furniture, Fixtures and Equipment (FF&E), other than listed in this proposal is anticipated to be furnished and installed by the owner. Items provided by Owner. • Development and permit fees • Surveying • Geotechnical • Material testing • Energy Modeling / commissioning • Tap fees (sewer, water, gas) • Temporary utility charges • IT/communication • Relocation of fiber optic line • Weather protection QUALITY INTEGRITY VALUE ELDER csEST sscrls■ General Building Information Building is based on the revised Minor Amendment Submittal drawings dated 8-24-15. • Landscape is based on the red line drawing of the Vine street and Wood street landscape dated 8-21-15. • ROW site concrete replacement is based on the red line drawing of the overall development plan dated 8-13- 15. • Building Size 160'x35' (5,600sf) Site Drainage • The Minor Amendment review has indicated that there will be a Bio Retention pond required for the Water building due to additional impervious area. At this time no engineering has been done in order to determine the size or location of the pond. At the point that the design is completed we will provide a final price for the pond. • APEN permit is excluded. • State Stormwater permit is excluded. Site Electrical • This IGMP proposal assumes the City of Fort Collins Light and Power will provide an electrical transformer within ten feet of the new building. This GMP proposal does not include cost for trenching primary service, providing primary service, or cost associated with a new transformer. Landscaping and Site Improvements • We have included the landscaping repairs along Vine and Wood streets in this IGMP per the drawing dated 8- 21-15. • We have assumed that the existing irrigation system is adequate to provide irrigation for the additional nine (9) trees. No additional irrigation work other than tying into existing system and providing drip heads to nine (9) new trees vines is included. Building Concrete Masonry Steel • Spread footing foundation with 2' stem wall final calculation after soils testing, using 3500 P.S.I. concrete. • 6"concrete interior floor with WWM 1.41.4 wire mesh. 4000 P.S.I. concrete. • Concrete cure, hardener, and control joints included. • The use of 15mil vapor barrier is not anticipated or included. • Seven (7) — 6" pipe 10ga. Concrete filled bollards. • We have not included any exterior concrete aprons. • We have included 4" masonry unit veneer as shown on the revised Minor Amendment Submittal drawings dated 8-24-15. • All necessary anchor bolts included. Woods and Plastics QUALITY INTEGRITY VALUE ELDER X.A111111CT111 • We have included rough carpentry as necessary to complete the intended design scope. Thermal & Moisture Control • None anticipated Openings Finishes Specialites Equipment Furnishings • None anticipated • None anticipated • None anticipated None anticipated • None anticipated Special Construction (Pre -Engineered Metal Building) • One — "Clear -Span" 35' x 160' x 17'-6" Steel Building with 1:12 Roof Slope (Open on the east side, no wall panel finishes). • Building designed using IBC 2012 with 20 lb. Live Load, 30 lb. Ground Snow Load, and 115 M.P.H. Wind Load. • Building to have "Standing Seam" roof. Proposed panel is Ultra Deck roof panel. • Building to have "PBR" walls. Color to be selected from Metallic Signature 200 standard colors. • 160 feet of gutter and downspouts. Color to be selected from Metallic Signature 200 standard colors. • Interior walls to be have interior liner panel extending from 2' concrete wall to 7'-4". Prposed panel is PBU panel. Color TBD. Fire Protection Plumbing HVAC Electrical • A fire sprinkler or suppression system has not been included in this design or IGMP pricing. • Provisions for water service or compressed air have not been included in this design or IGMP pricing. Provisions for a trench drainage system have not been included in this design or IGMP pricing. • None anticipated • General: We have assumed all exposed wiring shall be in EMT conduit, minimum size'/x", and that MC cable will not be acceptable where exposed to view. • Demolition: We have excluded demolition. Based on the information provided, we do not anticipate any requirement for electrical demolition to prepare the site for construction. • Non -lighting Site Work: No work included. QUALITY INTEGRITY VALUE lkoe 46'ALBER esnsrssorIs■ • Lighting and Controls: LED lighting. Power Distribution System: We have included a 100 amp 120/208 volt 3-phase 4-wire electrical service with a fusible main disconnect on the building exterior and a 24-circuit panelboard on the interior of a wall near one of the man doors. We have assumed the distance from the utility transformer to the meter socket and main fusible switch will not exceed 50 feet and that the distance from the main fusible switch to the circuit breaker panel will not exceed 10 feet. We have also include one (1) empty 1-1/4" EMT conduit from the panelboard to a point up to 30' away and a spare circuit breaker to facilitate the connection of a PV system to be provided by others. • General Purpose Power. Convenience receptacles as required by code. • HVAC and Plumbing Equipment Connections: We have assumed that no heating, cooling, or ventilation equipment will be installed in this building. • Owner Equipment Connections: We have not anticipated any requirements for power to owner suppled equipment. • Fire Alarm: We have excluded a fire alarm system for this building, as we understand it will not be required. • Telecommunications Rough -in: We have assumed the building will have phone service and have included one (1) rough -in provision for a teledata outlet, consisting of one (1) 4"-square box and one (1) 3/a" EMT conduit stub into the ceiling space. • Card Access Security System Rough -in: We have assumed no card access readers will be installed in this building. QUALITY INTEGRITY VALUE n ELDER �. cONsioncT10M Q U A L I T Y ■ I N T E G R I T Y ■ V A L U E QH Sl9n d f. Fort Collins VSB Water Request For Change (RFC) LOG i� Responsible Estimated Pending Rejected Approved Status ECI RFC q Originating Document Date Opened Change Initiated By Oescriptlon Due Date Date Resolved Party Costa Costs Costa Cost (A/PIRIC) Comments Keep open pending amount of p]p Original Pop ... 1 0524/T5 Team Electrical Ah.ramoalb.TBOM..Ilrarmysystemon Water. So&wit be determined by 0827/15 Chad $75,000 $75,000 f budget let on Water building for this amount of budget leh to apply to this scope, sco e. 1LL4 N/A ON24/15 Teem Electrical shunt, energy management systemfor water building block heaters, s 10/15H5 Elder $0 $0 P Stu to help provide suggestions duringMel design 4Z2 OAC meeting OT/OB116 Team BuildingCode I Permit/ Flm Department review 10101/15 Steve $0 $0 P Will review with all Partake prior to buildingpermit submittal. Not template yet WIII not happen pyq OAL meeting 07/OB/iS Teem O827I15 Chad $0LN1 P to minor amendment Chapriord is working with Kng to geBel, Site Survey, by City, Only locates, tope. 8 confirm building she locations survey done ASAP. Penal Is priced as PBR profile. 033 None OB/OB115 Team Pansl selection 08420115 Steve $0$0 A Elder to provide color chips and panel sample. Due 9111 from Dal U34 Minor Admendmem OB112/15 Surmwater Add Blo Retendem Pond(ROM range$25.000 to 850,000) D8130115 Steve $45.000$45,000 A Cost Pending anal design. 035 Minor Adonement 08108/15 Team Water Building Design Change(Match site plan documents) 08/30115 Steve $21,a73$21,673 APricing Par MA rasubmigaltlmwinga ricingD35 Minor AdmendmelB Oa20/15 M/A cammanla Landscaping at VIE. and Wood-Add(1) RR MA Marshall ash.(1) JU CO Class... jnlpsq OB111l15 Tlm$12,859$12.858 A (] PI PP Ppntlamsa Ina. .......,.........�.......... ........ ........ ...... _. ...... .... _.__• TOTAL PENDING RFC'c TOTAL REJECTED RFC's TOTAL APPROVED RFC'. CURRENT CONTRACT VALUE PERRINO CONTRACT VALUE'. dt ;asaz ;ono a5'r Northam Colorado 970.744.4731 Www.elderconstructionine.com Colorado Springs 719.471.2708 '"�"�""� •a'1'l '153M 4 3Ll flla311 H ObV ' .w.oi+m.o.ia 0OV801OO 'SN Il10012I0� SNVId 3dVOSONVI T 311S S301A213S 2131VM 30VZJO-LS 3101H3A 133211S OOOM araa.z ae tan •n ernmwxe aw sore a. ixwurtn,vax..naw rN aazauox.r3xu'aaaaiyrex.c zoi aae�maa iox w Aewrie weowm aau a+aro. wu wa.rm'a.aaww ma.m+aaroa..+awx,nwaaaav� O maY a6 rrcn.uMaae wJ uvn.F v'1Niwp.BVe vww aw xun m�w.w ior� aav vway.vv au.n wnowwAa 'NTa(x�x]wM4TJix„I.QIF'dYvt9'fIW�Tltl6'iNAI -.n ar.Aw of «oa unxar.w .xcun..rN: awuv,wNa a+v aorta iNa+®araw rnrd'aana�.m r aan rnNa wwwa s„u„a„r xrumox..r aw v. ar iva as ten Axarx�.vivva swmw..nv SNOLLIONOO wac wa .nwm,o. o.0 .N.a axo«ra .� �oox aivx`a�a awxw xoruxoa awm+.axrus was 30V1NONJ 3NIA-1SIl'JNI1NVld o�cwvim'uwm.mrxm'arrrm ivox n,�v� ..rry xu � xo v we'x �'i'e woua.a.o xn xw w w eu.am wowwa�w'anw �wi nv..w.n i am.n m�xv unrx Jnu rw.vaw miw aeuaa avvom NOI1dINOSM -IVJ3l dVW "NIOIA .: Flo NV9: 3�WXCNVI 1RAbILf@R TIlNSTA P.Ml, (6TC0, �xewALHe,gT�, F-` II (1 EAST ELEVATION o • ra nnnnnnnnnnnnn®_ammo®iam®mm mmmnm unn� .,,a,.m.:R:aas •�-�`ss-" 'mar:.-stis3 -_ =®Mn a.acsm33"—mi,:a_ tea. �'-_�� Eilow { rrawPa,m A@iAL Pu NA HA9T'RY LM — PIIO�WOLTAYGRVINE �-P12�®FM1VOM T OF 9) WEST ELEVATION DP GN PAnR CHAV6e/ 2TAL mm, q) SOUTN ELEVATION u.. TH. NO ELEVATION vs.ra T. . 'IT) llftL SOUTHEAST PER9PEETIVE @WK114WEST PFR5PEGTIVE FINISH MATERIALS R]- PR[MMMID MRAI MI:HO-TM iN.bl� MEL/.L>bl#- TAV Vft NIe6RFLfOIGR®fOYReR MF4MYNali Pd�l MAKN@iffiTH81 PI- R418GR1ID 6'UNO�eR WOOD STREET VEHICLE STORAGE WATER SERVICES ELEVATIONS & RENDERINGS FORT COLLINS, COLORADO ARCHITECTURE WEST, L.L.C. PNCfrtECTuw VnuwuwA Wu.6.e.WMWY �1i � J i I �I I BUILDING C PHASE 2 r �� A r' Bi d n u fl df cam+. Q mr�. V "_Sm�rvr vm� uuuuuuuu mmm l9 dl d1 Mm millmm Q A�0 MI A V O�q q q�p q b 0 On ou x OL �=3We1 6EQ u�iaaODo qq uui�— z'di i i �z THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Powerof Attorney limits the acts of those named herein, and they have no authority to bind the Company excapt In the mxnnor end to lho extant heraln staled. Cedincete No. DW%Z+ American Fire and Casually Company Liberty Mutual Insurance Company The Ohio Casually Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWNALL PERSONS BY THESE PRESENTS: That American Fire B Casualty Company and The Ohio Casually Insurance Company are corporations duly organized under the lava of the Site of Now Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duty organized under the Imes of the State of Indiana (herein collectively called the'Companies ), pursuant to and by suthodly herein set forth, does hereby name, constitute and appoint, David S. Salavllch all of the city of Lee's Summit , slate of NO each individually if there be more Than one named, Its true and lawful allomeydndocl to make, execulo, seal, acknowledge and deliver, for and on its behalf as surety and as its ad and deed, any andell undertakings, bonds, recognizances and other surety obligations. 61 pursuance of these presents and shall be as binding upon the Companles as if they have been duty Signed by the president and attested by the secretary of the Companies In their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed MMID thisISth day or May 2014 a1e c.4r o re �`—yG r American Fire and Casualty Company The Ohio Casually Insurance Company Liberty Mutual Insurance Company West merican Insurance Company Y a By: STATE OF PENNSYLVANIA as David M, Cam , Assistant Secretary COUNTY OF MONTGOMERY On Ibis 151h day of May , 2014 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Amedcan Fire and Casually Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do. execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duty authorized officer. IN WITNESS WHEREOF, I have hereunto sulbscjbodmpamB and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year fire( above wrihen. �A ✓::0.�.iH OF PE 1JN6 r_LVAW, 0 ,40 Nfw /� use • CP i9 .....:.: aa.M. N:.a,: v.a:Y By:a tt(iyrmecJaµ aonware.�wnrs Teresa Paalelle,Notary PrlMle 1 02 � �6irGarKpuwn'_irn,ce. M�reh'.'e. M+r; 1 .0 �`�r :•.�r;+ i..u^.x:sm.>aun.xncr.: ,, i This Power ofAttomey fs made and executed tic of ethtiorityof the feflowing Brien andAuthorizelions ofAmedcan Fire and Casually Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, arrdWesldineJioan Insurance Company w1hich resolutions are now in full tome and effect reading as follows: ARTICLE IV- OFFICERS- Section 12. Power of Attorney. Any officer or other official of the Corporation autharized for that purpose in writing by the Chairmen or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such affomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as suretyany and 90 undertakings, bonds, recognizances and other surely obggalions. Such atiomeys-m-fact, subject to the limitations set forth in their respective powers of attomey, shag have fug power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation, When so executed, such Instruments shall be as binding as d signed by the President end attested to by the Secretary. Any power or authority granted to any representative or adomey-In-fact under the previsions of this ankle may be revoked of any time by the Board, the Chairman, the President or by the officer or officers granting such poweror authority. ARTICLE YJII - Execution of Contracts- SECTION 5. Surely Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deriver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such atlomeys-In-fad subject to the limitations set forth In their respective powers of attorney. shall have fug power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seat of the Company. When so executed such Instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such ahemeys-in• fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Dlreclars, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same tome and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. .�¢.� IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this Z Y day of ssln u•W ,,�ytnx � !'x r.L'�r.'4t (s' ��y{/j R� jj'` xJttr r�,n �� yet• lh �t YI V^� By: '7:►�_ "�-7� Gregory W. Davenport, Assistant Secretary y • J' ♦ � fir` ., LMS_12e73IM013 281 of 3D0 Project: 2722N - Fort Collins Vehicle Storage Date: Wed 9/16/15 ID Task Name Duration Start Finish Predecessors Jul '15 Aug'15 1 Se '15 1 Oct'15 Nov'15 Dec'15 Jan '16 Feb '16 1 Mar'16 I A r'1_ 2128 5 121 2 2 9 1 2 6 1 2 27 4 1 1 2 1 8 152229 6 132 27 3 1 1 2 31 7 1 2 2 6 1 2 2 3 1 0 2722N - Fort Collins Vehicle Storage 237 days Preconstructlon 151 days Submit Proposal 0 days Award 0 days Conceptual Review with City of Fort Collins 1 day Prepare minor amendment dots 4 days Submit Minor Amendment 10 days Neighborhood meeting 0 days Resubmit Minor Amendment Comments 0 days Site Survey - Performed by King Surveying 6 days Execute GMP with City of Fort Collins 10 days Final Survey Information from City of Fort Collins 0 days Order Pre -Engineered Metal Building 1 day PEMB Reaction & Approval Drawings 25 days Complete MEP Engineering 50 days Complete Civil Engineering 50 days PEMB Approval 5 days Complete Structural Engineering 30 days Return PEMB Shop Drawings 1 day PEMB Fabrication 50 days Complete Final Construction Permit Set 1 day Submit for Building Permit 0 days F&F Permit Issued 15 days Plan Review Period 40 days Mobilize Jobsite 1 day Permit Issued 0 days Ught and Power Building 107 days Site Demolition 2 days Site Utilities 5 days Foundation Excavation 3 days Form, Reinforced and Place Footings 3 days Form, Reinforced and Place Foundations 5 days Damproof and Insulation 1 day Backfiil Foundation 2 days Install Underground 2 days Inspect Underground 1 day Form, Reinforce and Place Slab 3 days Erect Metal Building 50 days Place Bollards 2 days Place Site Concrete and trench drain 10 days Wed 6/24/1S Wed 6/24/1S Wed 6/24/15 Mon 7/6/15 Tue 7/14/15 Thu 7/16/15 Wed 7/22/15 Wed 8/19/15 Mon 8/24/15 Fri 9/29/15 Thu 9/3/15 Fri 9/4/15 Tue 9/15/15 Wed 9/16/15 Fri 9/18/15 Fri 9/18/15 Wed 10/21/15 Wed 10/21/15 Wed 10/28/15 Thu 10/29/15 Mon 11/30/15 Mon 11/30/15 Tue 12/1/15 Tue 12/1/15 Tue 12/22/15 Tue 1/26/16 Wed 12/73/15 Wed 12/23/15 Mon 12/28/15 Mon 1/4/16 Thu 1/7/16 Tue 1/12/16 Tue 1/19/16 Wed 1/20/16 Fri 1/22/16 Tue 1/26/16 Wed 1/27/16 Mon 2/1/16 Mon 3/7/16 Wed 3/9/16 Wed 5/2S/16 Tue 1/26/16 Wed 6/24/15 Mon 7/6/15 Tue 7/14/15 Tue 7/21/15 Tue 8/4/15 Wed 8/19/15 Mon 8/24/15 Fri 9/4/15 Thu 9/17/15 Fri 9/4/15 Tue 9/15/15 Tue 10/20/15 Fri 11/27/15 Fri 11/27/15 Tue 10/27/15 Tue 11/3/15 Wed 10/28/15 Fri 1/8/16 Mon 11/30/15 Mon 11/30/15 Mon 12/21/15 Tue 1/26/16 Tue 12/22/15 Tue 1/26/16 Fri 5/20/16 Thu 12/24/15 Fri 1/1/16 Wed 1/6/16 Mon 1/11/16 Mon 1/18/16 Tue 1/19/16 Thu 1/21/16 Mon 1/25/16 Tue 1/26/16 Fri 1/29/16 Fri 4/8/16 Tue 3/8/16 Tue 3/22/16 5 9 7FS+1 day,10F5 11 10 10,9 13 7,10,13 16 18 15,14,17 20 20 21 22 23 25 27 28 29 30 31 32 33 34 35 36,19,24 37FS-25 days 38 Preconstruction th City of Fort Collins ndment dots Amendment rhood meeting Minor Amendment Comments Survey - Performed by King Surveying Execute GMP with City of Fort Collins ial Survey Information from City of Fort Collins Order Pre -Engineered Metal Building PEMB Reaction & Approval Drawings - Complete MEP Engineering Complete Civil Engineering PEMB Approval Complete Structural Engineering 1 Return PEMB Shop Drawings - PEMB Fabrication 1 Complete Final Construction Permit Set ♦ Submit for Building Permit F&F Permit Issued a Plan Review Period 1 Mobilize Jobsite ♦ Permit Issued II Site Demolition g Site Utilities ■ Foundation Excavation ■ Form, Reinforced and Place Footi W Form, Reinforced and Place Fou 1 Damproof and Insulation 1 Backfill Foundation 111 Install Underground 1 Inspect Underground g Form, Reinforce and Place ® Er I Place Bollard g� Place Sit 1 ♦ Submit Proposal ♦ Award g Conceptual Review w 0 Prepare minor ami q= Submit Minor ♦ Nelghbc ♦ Resubmit = Site filliall ♦ FI 2 3 4 5 6 7 8 9 10 12 11 13 14 15 16 17 18 19 20 21 22 23 25 24 26 27 28 29 30 31 32 33 34 35 36 37 38 39 oi6�����Page 1 0 5 1 a 5 C T 1 ■ Task Milestone ♦ Summary Project Summary �� Critical � In Progress Completed s Project: 2722N - Fort Collins Vehicle Storage Date: Wed 9/16/15 ID Task Name Duration Start Finish Predecessors lul115 115 Se 15 Oct'15 Nov'15 Dec'15 Jan'16 Feb'16 Mar'16 A r'1 28296122 4112 181 61 31123 71 2 612 31 40 Off site concrete work Install Masonry MEP Rough -ins MEP Inspections Install Liner Panels Install Garage Doors Off site Landscape work ECI Punch list Final Clean Final Inspections OAC Punch list Water Building Site Demolition Site Utilities Foundation Excavation Form, Reinforced and Place Footings Form, Reinforced and Place Foundations Damproof and Insulation BackBll Foundation Install Underground Inspect Underground Form, Reinforce and Place Slab Erect Metal Building Place Bollards Place Site Concrete MEP Rough -ins MEP Inspections ECI Punch list Final Clean Final Inspections OAC Punch list Owner Turnover 5 days 10 days 4 days 1 day 3 days 7 days 5 days 5 days 2 days 1 day 5 days 89 days 2 days 30 days 2 days 3 days 5 days 1 day 2 days 1 day 1 day 3 days 25 days 2 days 3 days 1 day 1 day 3 days 1 day 1 day 3 days 0days Wed 3/23116 Wed 3/23/16 Wed 4/6/16 Tue 4/12/16 Wed 4/13/16 Mon 4/18/16 Wed 4/27/16 Wed 5/4/16 Wed 5111/16 Fri 5/13/16 Mon 5/16/16 Fri 1/22/16 Fri 1/22/16 Tue 1/26/16 Tue 2/9/16 Thu 2/11/16 Tue 2/16/16 Tue 2/23/16 Wed 2/24/16 Fri 2/26116 Mon 2/29/16 Tue 3/1/16 Mon 4/11/16 Thu 5/5/16 Mon 5/9/16 Thu 5/12/16 Fri 5/13/16 Mon 5/16/16 Thu 5/19/16 Fri 5/20/16 Mon 5/23/15 Wed 5/25/16 Tue 3/29/16 Tue 4/5/16 Mon 4/11/16 Tue 4/12/16 Frl 4/15/16 Tue 4/26/16 Tue 5/3/16 Tue 5/10/16 Thu 5/12/16 Fri 5/13/16 Fri 5/20/16 Wed 5/25/16 Mon 1/25/16 Mon 2/8/16 Wed 2/10/16 Mon 2/15/16 Mon 2/22/16 Tue 2/23/16 Thu 2/25116 Fri 2/26/16 Mon 2/29/16 Thu 3/3/16 Fri 5/13/16 FrI 5/6/16 Wed 5/11/16 Thu 5/12/16 Fri 5/13/16 Wed 5/18/16 Thu 5/19/16 Fri 5/20/16 Wed 5/25/16 Wed 5/25/16 39 39 41 42 43 44 45 46 47 48 49 33 52 53 54,31 55 56 57 58 '59 60 61,37 62FS-7 days 63 '64 65 66 67 68 69 50,70 a Off sit Insl 1 g Site Demolition Site Utilities p Foundation Excavation 0 Form, Reinforced and n Form, Reinforced a 1 Damproof and Ins 1 Backfili Foundati 1 Install Undergrou 1 Inspect Undergr 111 Form, Reinforc 11111111 41 42 43 44 45 46 47 48 49 So 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 1 // LDER Page 2 Milestone Project Summary ��...V Completed In Progress SECTION 00610 PERFORMANCE BOND Bond No. 674023272 KNOW ALL MEN BY THESE PRESENTS: that Elder Construction 7380 Greendale Road, Windsor, CO 80550 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) Ohio Casualty Insurance Company (Address) 62 Maple Avenue, Keene, NH 03431 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 Two Million Thirty Six Thousand Nine Hundred and Ten Dollars ($2,036,910) 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 12t" day of October, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 8106 - Fort Collins Utilities Vehicle Storage Buildings. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this zl st day of October 2015. IN PRESENCE OF: Print al Elder Constr tion , Inc. ILA ✓ , Vic{ I�r 1QJ^J oNs-VRIJC o (Title) Q QP Rq % 13ev f�rvssµdal,✓ Y.ol W �GD (Address) SEAL (Corporate Seal) u 0 IN PRESENCE OF: .ot OR -e Other Partners 1994 By: By: IN ESENCEOF: SU Ohio Casualty Insurance Company By: D id 5. Salavitch, orney in fact By: (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. a THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 69W777 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, David S. Salavitch all of the city of Lee's Summit , state of MO each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 111h day of March 2015 American Fire and Casualty Company SY INSv �1NSLgq lN5Ug4 R9y� gJP yr^ �,�d�Pp1Oa'rr��,o The Ohio Casualty Insurance Company ^o Liberty Mutual Insurance Company (3(00(0 1919 na 1912 c 1991 s;W �;�, iWest mericanInsurance Company . p>�m�scwx' Yr'' as f * � t * By: STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary COUNTY OFMONTGOMERY On this 11th day of March 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. SP PgSr COMMONWEALTHPENNSYLVANIA Q�C vV°ak'fgrF� Notarial Seal tr4 � i y Teresa Pestella, Notary Public By: of Plymouth Twp., Montgomery County Teresa Pastella, Notary Public p My Commission Expires March 28, 2017 VP Member, Pen nsylvanla Aseo°Iatlen M Notanes gFly This Power of Attomey is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV —OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fad, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fad, as may be necessary to ad in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fad subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. r IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 5 day of , 20� . p1D US •(Y INS[ �lNSUR N�NSUq �P 6y Jp�,�e�.�B,y pP 9q, �(.P ,•lr,I'P�,1���(G� 4$ CAL `eN a`r"- '4 ym F t•n fWp � n T _ 1906 O O 1919 o F 1912 °s 1991 3 By: Gregory W. Davenport, Assistant Secretary ��LyIO'M, P?> +'y�'N,. �a>D ��> 'b,cmb �2 ; ^✓a�NP � C O cz � >'LU d c£ L Q M O� 3 'C� O G L yo L Oc m w m 3 yo v r00 N w M = 00 Oo 0� H� 94 of 300 LMS_12873_122013 SECTION 00615 PAYMENT BOND Bond No. 674023272 KNOW ALL MEN BY THESE PRESENTS: that Elder Construction 7380 Greendale Road, Windsor, CO 80550 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) Ohio Casualty Insurance Company (Address) 62 Maple Avenue, Keene, NH 03431 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 Two Million Thirty Six Thousand Nine Hundred and Ten Dollars ($2 036,910) 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 12'" day of October, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project,_ 8106 Fort Collins Utilities Vehicle Storage Buildings. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in anyway affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 21 st day of October , 20. s . IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: 1N TESENCE OF: _1 (Surety Seaq GONST R UCTiO Q.�oP�ORartiti �•'USEAL� 0 •'ti �C°RP��� • P"Topa^E2,0er',,Construction, Inc. (Address Other Partners By: Br SUrety Ohio Casualty Insurance Company Da d S. avitch, Attorney in fact By NOTE: Date of Bond must gLbe prior to date of Agreement. if CONTRACTOR is Partnership, all partners should execute Bond. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the ads of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 89027s4 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, David S. Salavitch all of the city of Lee's Summit , state of MO each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 11th day of March 2015 ND CqS tY ws wsuR mso American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company a 1906 o O 1979 n 1912 1991 West merican Insurance Company 6"''N,aes*2aD �Jy w, �aa Wei;'4'r, s2 ; ,nxr. a * 1 * * * By: STATE OF PENNSYLVANIA ss David M. Care ; Assistant secretary COUNTY OFMONTGOMERY On this 11th day of March , 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 9P pgsT COMMONWEALTH PENNSYLVANIA � Q/ Q$'�poawF�� Notarial Seal Teresa Pestella, Notary Public By: oc FMYP ymouth Up., Montgomery County Teresa Pastella, Notary Public v Commission Expires March 28, 2017 1P Member, Pennsylvania Associatlon of Notaries MY This Power ofAttomey is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE N—OFFICERS — Section 12. Power ofAttorey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bands, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttomey executed by said Companies, is in full force and effect and has not been revoked. pa ��, y O� /-��� IN TESTIMONY WHEREOF, I have hereunto set m hand and affixed the seals of said Companies this da of 7 20Jf �5L P�0o CASG9(? hJP`SY INS(v,�y J1JP`xNS�U,rq� rin We``P �NCic J 1906 0 0 1919 0 1912 1997 3 By: C D o 3 W as W 2 Gregory W. Davenport, Assistant Secretary * �O uCn TW (U C E O Q Q rot O� 3� CO E m N CD L O O C d `0 3 m yo v rL, N E � r i N co c co 00 U� O� H � 101 of 300 LMS_12873_122013 DESIGN BUILD AGREEMENT THIS AGREEMENT is dated of this 12 day of October, 2015 by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter called OWNER) and Elder Construction Inc., a (hereinafter called DESIGN/BUILDER). OWNER AND DESIGN/BUILDER, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1.01 DESIGN/BUILDER shall complete all Work as specified or indicated in the Owner- Design/Builder Contract Documents, as set forth in Section 12.01. The Work is generally described as follows: design and construction of 8106 - Fort Collins Utilities Vehicle Storage Buildings located at 700 Wood Street and 701 Wood Street as detailed in the RFP. Article 2. THE PROJECT 2.01 The Project for which the Work under the Contract Documents is described as the design and construction of 8106 - Fort Collins Utilities Vehicle Storage Buildings. Article 3. CONTRACT TIMES 3.01 Notice to Proceed The Project Work will be initiated by a Notice to Proceed signed by the City Project Manager. 3.02 Days to Achieve Substantial Completion and Final Payment and Acceptance The Project includes the design and construction of two (2) storage buildings thus the City will issue two independent Substantial Completions and Final Payment and Acceptance. The Work at 700 Wood Street will be substantially completed within two hundred forty (240) days after the date when the Contract Times commence to run as provided in paragraph 2.02.A of the General Conditions and completed and ready for Final Payment and Acceptance in accordance with paragraph 13.08 of the General Conditions within thirty (30) days after Substantial Completion. The Work at 701 Wood Street will be substantially completed within two hundred forty (240) days after the date when the Contract Times commence to run as provided in paragraph 2.02.A of the General Conditions and completed and ready for Final Payment and Acceptance in accordance with paragraph 13.08 of the General Conditions within thirty (30) days after Substantial Completion. 3.03 Liquidated Damages A. DESIGN/BUILDER and OWNER recognize that time is of the essence of the Agreement and the OWNER will suffer financial loss if the Work is not completed SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor's general liability and automobile liability insurance policies for any claims arising out -of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. ACORa CERTIFICATE OF LIABILITY INSURANCE F117ATEMIDO/YYYY) 1/2o1s 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 RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ORTANT: 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 Ewing -Leavitt Insurance Agency 4025 St. Cloud Dr. Suite 100 Loveland CO 80538 NRMRe nolds NAME: TRenee McReynolds NAME: PHONE (970) 679-7344 FAX, N (866)<25. 6180 ADORLE .renee-mcreynolds@leavitt.com INSURERS AFFORDING COVERAGE NAICu INSURERA:Clnclnnatl Insurance Co 10677 INSURED Elder Construction, Inc. 7380 Greendale Road Windsor CO 80550 INSURER B INSURER C: INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:15-16 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MIMINIM LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR PP0196637 6/8/2015 6/8/2016 DAMAGE TO RENTED PREMISES Ea occurrence $ 500, 000 MED EXP(Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 X Blanket Addl Insureds Additional Insured Form X Blanket WOS GENERAL AGGREGATE $ 2,000,000 incl ongoing and GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ 2,000, 000 ompleted operations POLICY X PRO LOC $ UTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ A •[ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS EELA0196637 6/8/2015 6/8/2016 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peracadent $ X X NON -OWNED HIRED AUTOS AUTOS $ X BIkl WIDE X SIM Addl lnsds X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LIAR CLAIMS -MADE P0196637 6/8/2015 6/8/2016 DED RETENTION $ WORKERS COMPENSATION WC STATU- OTH- I ER TORY LIMITS — AND EMPLOYERS' LIABILRY .r IN ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $ A Contractors' Equipment EPP0196637 6/8/2015 6/8/2016 Leased/Rented Equip $100,000 $500 deductible Installation Floater $60, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 11 Additional Remarks Schedule, i/ more space is required) The City of Fort Collins, its officers, agents and employees are named additional insureds as respects work performed. City of Fort Collins Building Department 281 N College Avenue Fort Collins, CO 80524 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 ACORD 25 (2010105) INcros--„-,,, ,,,, McReynolds/RESTEI © 1988-2010 ACORD CORPORATION. All rights reserved. Tti- Al -non —A I--- — .onic.o.e,i­ " s Arnon ,4�oRoe CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDWYY) 10/21/2015 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 INSUREII AUTHORIZED RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ORTANT: 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 CONTACT Erin Threlkeld, CRIS _NAME: Moody Insurance Agency, Inc. PHONES (303)824-6600 , Nek (303)370-0118 8055 East Tufts Avenue EnREss:erin.threlkeld@moodyins.com Suite 1000 INSURE S AFFORDING COVERAGE NAIC0 Denver CO 80237 INSURERApinnacol Assurance 41190 INSURED INSURER 8: Elder Construction, Inc. INSURER C: C/O Employer's Resources of Colorado INSURER D: _ 2868 Janitell Rd INSURERS: Colorado Springs CO 80906 INSURER 1 Cr1VFRAr_F4Z CFRTIPICATF NI IMRFR•l5-16 WC Only RFVI.glnN NIIMRFR- 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 TYPE OF INSURANCE ADOL SUBRI. POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDD MMIDD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE E CLAIMS -MADE OCCUR GE TO PRREM SES EaENTED ot= ence $ MED EXP (Any one Person) S PERSONAL 6 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY F7 JPECaT D LOC PRODUCTS - COMPIOP AGG $ $ OTHER: 'UTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ee amdent $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS ANUOTN-OWNED BODILY INJURY (Per accident) E PROPERTY DAMAGE Per scdderd $ HIRED AUTOS AUTOS E LMIBREW DAB OCCUR EACH OCCURRENCE 6 AGGREGATE S EXCESS DAB LH CLAIMS -MADE DIED RETENTION 6 WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN X PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S 11000,000 A OFFICERIMEMBER EXCLUDED? 71M/A (Mandatory in NH) 3229590 6/1/2015 6/l/2016 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT S 1,000,000 H Yes describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mom spa" is required) "K I WILA I t HULUtK The City of Fort Collins 281 N College Ave Fort Collins, CO 80524 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 I�'. 'I'Lce=keld, CRIS/A,"^.A `� — (0 1988-2014 ACORD CORPORA I ION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INR095 �in,An, OP ID: SKI fil�/rZ0 CERTIFICATE OF LIABILITY INSURANCE D 11/30r2o15DO/YY 11r3o 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 9ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsemenL A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER Phone: 970-223-1804 CONTACT Fron1100tRange Insurance Haxton Drive Suite 00 Group Fax: PHONE W.9n, I A/c No Fort Collins, CO 80525 ADMEss David A. Wooldridge LUTCFAAI ODUCIER .ARCH -34 INSURER 8 AFFORDING COVERAGE NAIL a INSURED Architecture West, LLC INSURER A:Secura Insurance Companies __ 22543 Steve Steinbicker INSURER e:Pinnacol Assurance 141190 160 Palmer Dr INSURER C: Beazley Insurance Company, Inc Ft. Collins, CO 80525 INSURER D: INSURER E : INSURER F : 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 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS �LIMITS INSR AD ITYPEOFINSURANCE POLICY NUMBER a1WOD�Y mw LTR r)D UdY ExP LIMITS GENERAL UABIUTY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY BP3161262 03113/2015 03113/2016 REMISES PEa "`1tu e S 100,00 MED EXP( onepweon) S 5,00 CLAIMS -MADE X OCCUR PERSONAL B ADV INJURY S 1,000,00 GENERAL AGGREGATE $ 2,000,00 _- GEML AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG S 2,000,00 G POLICY jECT PRa 7 LOC $ AUTOMOMLE LIABILITY COMBINED SINGLE LIMIT S (Ea acoaem) ANY AUTO BODILY INJURY (Pet person) S ALL OWNED AUTOS BODIL Y INJURY(Pw acoaem S _ SCHEDULED AUTOS PROPERTY DAMAGE A X HIRED AUTOS BP3161262 03113/2015 03113/2016 (Pe,=,dent) 3 3 A X NON -OWNED AUTOS BP3161262 0311312016 03113/2016 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE EXCESS LJAB _ CWMS-AADE _ DEDUCTIBLE _ _ S RETENTION S S WORKERS COMPENSATION %( WC OETRH. AND EMPLOYERS' LIABIUTY Ya AMU- B ANY PROPRIETO"ARTNER/EXECUTIVE 05/01/2015 05/0112016 EL EACH ACCIDENT 3 OFFtCERIMEIUBER EXCLUDED' NIA -- - - -- (nEalery In NMI Ma �080892 E L DISEASE - EA EMPLOYEE S 100,00 n rraS desrnbe anew 0 SCRIPTION OF OPERATIONS below - E L DISEASE - POLICY LIMIT —100,00 S 500,00 C Professional Liab 15ULM160801 07/16/2015 07116/2018 Each Occu 1,000,00 Aggregate 2,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS1 VEHICLES (Attach ACORD 101, Add0lonal Romans Schodlds, H mom space Is mgvinad) CITYFC2 City of Fort Collins c/o Chad Mann SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Oprats Svcs, Wood St - V.S.B. AUTHORIZED REPRESENTAME 300 Laporte Ave, Bldg. B Fort Collins. CO 80521 ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2009109) SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 8106 Utility Vehicle Storage Buildings LOCATION: Fort Collins. Colorado OWNER: City of Fort Collins CONTRACTOR: Elder Construction CONTRACT DATE: October 12, 2015 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 By: 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 OWNER By: AUTHORIZED REPRESENTATIVE DATE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE DATE: TO: Elder Construction Gentlemen: You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Elder Construction for the City of Fort Collins Project, 8106 Utility Vehicle Storage Buildings. 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 October 12, 2015. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: _ Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins. Colorado (OWNER) FROM: Elder Construction (CONTRACTOR) PROJECT: 8106 Utility Vehicle Storage Buildings 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or material men 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, material men, 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: Elder Construction Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_, by Witness my hand and official seal. Notary Public My Commission Expires: SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Elder Construction PROJECT: 8106 Utility Vehicle Storage Buildings CONTRACT DATE: October 12. 2015 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety)hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of ,20 (Surety Company) M ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12198) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) u rlh Nr)T WRITF IN THIC gPnrP The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DORI Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA. Omer, partner, or corporate name. Mailing address (City, State, Zip : Contact Person E-Mail address: Federal Employers Identification Number: Bid amount for your contract: Eusmess telephone number: Colorado withholding tax account number. Fax Number ( ) Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number, 98 - Address of exempt organization (City, State, Zip). Principal contact at exempt organization. Principal contact's telephone number Physical location of project site (give actual address when applicable and Cities and/or County ties) where project is located) Scheduled Month Day Year Estimated Month Day Year I construction start date completion date: 1 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 within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expenses and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and DESIGN/BUILDER agree that as liquidated damages for delay (but not as a penalty) DESIGN/BUILDER shall pay OWNER Two Hundred Fifty Dollars ($250) for each day that expires after the time specified in paragraph 3.02 for Substantial Completion in accordance with paragraph 13.05 of the General Conditions until the Work is substantially complete. Further, in the event Final Payment and Acceptance is not completed in accordance with paragraph 13.08 of the General Conditions within thirty (30) days after Substantial Completion, DESIGN/BUILDER shall pay OWNER Two Hundred Fifty Dollars ($250) for each day that expires after the time specified in paragraph 3.02. Article 4. CONTRACT PRICE 4.01 OWNER shall pay DESIGN/BUILDER Two Million Thirty Six Thousand Nine Hundred and Ten Dollars ($2.036,910) for completion of the Work in accordance with the Contract Documents a sum equal to the Cost of the Work plus a DESIGN/BUILDER's Fee for overhead and profit, both of which shall be determined as provided below. This includes a construction contingency of 5% which is subject to OWNER written authorization prior to DESIGN/BUILDER committing or expending such contingency funds. Article 5. COST OF THE WORK 5.01 Cost of the Work shall be determined as provided in paragraphs 10.01.A and B of the General Conditions, but, in addition to any limitations therein set forth, it shall not include costs in excess of any Guaranteed Maximum Contract Price as set forth in Article 7 hereof. Article 6. DESIGN/BUILDER'S FEE 6.01 The DESIGN/BUILDER'S Fee shall be determined as follows: A. A fixed fee of $122,215 which shall be subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. B. No fee shall be paid for costs listed in paragraph 10.01.B of the General Conditions. C. DESIGN/BUILDER guarantees that the maximum amount payable by OWNER in accordance with this paragraph 6.01 as a percentage fee will not exceed 6% subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. Article 7. INTERIM AND FINAL GUARANTEED MAXIMUM PRICES 7.01 DESIGN/BUILDER guarantees that the interim maximum obligation of OWNER for the sum of the Cost of the Work plus the DESIGN/BUILDER'S Fee will not exceed $2,036,910 (the "IGMP'). 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 Cprocessing of your application. 0 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. City of Fort Collins changes to this document are shown by underlining text that has been added and striking through text that has been deleted. STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGNBUILDER Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by National Society of��� AC E C American Society Professional Engineers of Civil Engineers f1Y9t rQ11NCJt OF tN41 Vl1JtING rAIMlAY�O _ ftfeesio lat Enginevisin vmrate P2shte PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS EJCDC D-7D0 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. C� These General Conditions have been prepared for use with either one of the two Agreements between Owner and Design/Builder (Nos. D-520 and D-525, 2002 Editions) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated and a change in one may necessitate a change in the others. The suggested language and instructions contained in the Guide to Use of EJCDC Design/Build Documents (No. D-001, 2002 Edition) is also carefully interrelated with the language of these General Conditions. The Guide also contains comments concerning the use of the General Conditions. Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 EJCDC D-700 Standard General Conditions of the Contract Between owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. TABLE OF CONTENTS Page ARTICLE I -DEFINITIONS AND TERMINOLOGY....................................................................................................................I 1.01 Defined Terms...................................................................................................................................................................... I 1.02 Terminology.........................................................................................................................................................................3 ARTICLE 2 - PRELIMINARY MATTERS......................................................................................................................................4 2.01 Delivery of Bonds.................................................................................................................................................................4 2.02 Commencement of Contract Times; Notice to Proceed........................................................................................................4 2.03 Starting the Work..................................................................................................................................................................4 2.04 Before Starting the Work......................................................................................................................................................4 2.05 Initial Conference.................................................................................................................................................................4 2.06 Initial Acceptance of Schedules............................................................................................................................................5 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE.............................................................................5 3.01 Intent..................................................................................................................................................................................... 5 3.02 Reference Standards.............................................................................................................................................................5 3.03 Resolving Discrepancies.......................................................................................................................................................5 3.04 Amending and Supplementing Contract Documents............................................................................................................6 3.05 Use of Design Materials.....................................................................................................................6 3.06 Electronic Data.....................................................................................................................................................................7 ARTICLE 4 - AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS; HAZARDOUS ENVIRONMENTAL CONDITIONS...............................................................................7 4.01 Availability of Lands............................................................................................................................................................7 4.02 kiRRR Subsurface and Phvsical Conditions............................................................................................7 4.03 Reference Points...................................................................................................................................................................9 4.04 Ptiviraftmental GendhienAsbestos. PCBs, Petroleum, Hazardous Waste or Radioactive Material ...... 10 ARTICLE 5 - BONDS AND INSURANCE....................................................................................................................................10 5.01 Performance. Payment and Other Bonds............................................................................................................................1 I 5.02 Licensed Sureties and Insurers............................................................................................................................................11 5.03 Certificates of Insurance.....................................................................................................................................................11 5.04 Design/Builder's Liability Insurance...................................................................................................................................11 5.05 Owner's Liability Insurance................................................................................................................................................12 5.06 =ter : Builders Risk Insurance.......................................................................................................................................12 5.07 Waiver of Rights.................................................................................................................................................................13 5.08 Receipt and Application of Insurance Proceeds..................................................................................................................14 5.09 Acceptance of Bonds and Insurance; Option to Replace....................................................................................................14 5.10 Partial Utilization, Acknowledgment of Property Insurance..............................................................................................14 ARTICLE 6 - DESIGN/BUILDER'S RESPONSIBILITIES...........................................................................................................14 6.01 Design Professional Services..............................................................................................................................................14 6.02 _Supervision and Superintendence of Construction.............................................................................................................15 6.03 Labor, Working Hours........................................................................................................................................................15 6.04 Services. Materials. and Equipment....................................................................................................................................15 6.05 Progress Schedule...............................................................................................................................................................16 6.06 Concerning Subcontractors. Suppliers and Others..............................................................................................................16 6.07 Patent Fees and Royalties...................................................................................................................................................16 6.08 Permits................................................................................................................................................................................17 6.09 Laws or Regulations...........................................................................................................................................................17 6.10 Taxes...................................................................................................................................................................................17 6.11 Use of Site and Other Areas................................................................................................................................................17 6.12 Record Documents..............................................................................................................................................................Is 6.13 Safety and Protection.......................................................................................................................................................... is 6.14 Safety Representative......................................................................................................................................................... Is 6.15 Hazard Communication Programs......................................................................................................................................18 6.16 Emergencies........................................................................................................................................................................Is 6.17 Submittals...........................................................................................................................................................................19 6.18 Continuing the Work..........................................................................................................................................................19 6.19 Post -Construction Phase.....................................................................................................................................................19 6.20 Design/Builder's General Warranty and Guarantee............................................................................................................19 6.21 Indemnification...................................................................................................................................................................19 6.22 Survival of Obligations.......................................................................................................................................................20 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 ARTICLE7 - OTHER CONSTRUCTION ......................................... _........................................................................................... 20 7.01 Related Work at Site...........................................................................................................................................................20 7.02 Coordination.......................................................................................................................................................................21 ARTICLE8 - OWNER'S RESPONSIBILITIES.............................................................................................................................21 8.01 General................................................................................................................................................................................21 8.02 Insurance.............................................................................................................................................................................21 8.03 Limitations on Owner's Responsibilities.............................................................................................................................21 8.04 Undisclosed Hazardous Environmental Condition.............................................................................................................22 8.05 Resident Proiect Representation.........................................................................................................................................22 8.06 Owner's Consultant.............................................................................................................................................................22 ARTICLE 9 - CHANGES IN THE WORK; CLAIMS....................................................................................................................22 9.01 Authorized Changes in the Work........................................................................................................................................22 9.02 Unauthorized Changes in the Work....................................................................................................................................22 9.03 Claims.................................................................................................................................................................................22 9.04 Execution of Change Orders...............................................................................................................................................22 9.05 Notice to Sureties................................................................................................................................................................22 9.06 Effect of Change Orders.....................................................................................................................................................23 ARTICLE 10 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK.............................................................23 10.01 CostoftheWork...............................................................................................................................................................23 10.02 Cash Allowances...............................................................................................................................................................25 10.03 Unit Prices...............................................................................--.......................................................................................25 ARTICLE I I - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ...........................................................25 11.01 Change of Contract Price..................................................................................................................................................25 11.02 Change of Contract Times................................................................................................................................................26 ARTICLE 12 - TESTS AND INSPECTIONS• CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTIONOR WORK...................................................................................................................................................._..27 12.01 Notice of Defects..............................................................................................................................................................27 12.02 Access to Construction.....................................................................................................................................................27 12.03 Tests and Inspections........................................................................................................................................................27 12.04 Uncovering Construction..................................................................................................................................................27 12.05 Owner May Stop Construction or Work...........................................................................................................................28 12.06 Correction or Removal of Defective Construction or Work..............................................................................................28 12.07 Correction Period..............................................................................................................................................................28 12.08 Acceptance of Defective Construction.............................................................................................................................28 12.09 Owner May Correct Defective Construction or Work......................................................................................................28 12.10 No Limitation....................................................................................................................................................................29 ARTICLE 13 - PAYMENTS TO DESIGN/BUILDER AND COMPLETION...............................................................................29 13.01 Schedule of Values...........................................................................................................................................................29 13.02 Application for Progress Payment....................................................................................................................................29 13.03 Review of Applications for Progress Payments................................................................................................................29 13.04 Design/Builder's Warranty of Title ................................................... .... ........................................................................... 30 13.05 Substantial Completion.....................................................................................................................................................30 13.06 Partial Utilization..............................................................................................................................................................30 13.07 Final Inspection................................................................................................................................................................31 13.08 Final Payment...................................................................................................................................................................31 13.09 Final Completion Delayed................................................................................................................................................31 13.10 Waiver of Claims..............................................................................................................................................................32 ARTICLE 14 - SUSPENSION OF WORK AND TERMINATION...............................................................................................32 14.01 Owner May Suspend Work...............................................................................................................................................32 14.02 Owner May Terminate for Cause..................................................................................................................................._.32 14.03 Owner May Terminate for Convenience..........................................................................................................................32 14.04 Design/Builder May Stop Work or Terminate..................................................................................................................33 ARTICLE15 -DISPUTE RESOLUTION......................................................................................................................................33 ARTICLE16 - MISCELLANEOUS...............................................................................................................................................33 16.01 Giving Notice....................................................................................................................................................................33 16.02 Computation of Times......................................................................................................................................................33 16.03 Cumulative Remedies.......................................................................................................................................................33 16.04 Survival of Obligations .....................................................................................................................................................34 16.05 Controlling Law................................................................................................................................................................34 EJCDC D-700 Standard General Conditionsof the Contract Between Owner and Design/Builder Copyright C12002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGNBUILDER EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright @2002 National Society of professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 J ARTICLE I — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1. Addenda — Written or graphic instruments issued prior to the opening of Proposals which clarify, correct or change the Request for Proposals or the Contract Documents. 2. Agreement — The written instrument which is evidence of the agreement between Owner and Design/Builder covering the Work. 3. Application for Payment — The form which is to be used by Design/Builder in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos — Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bonds — Performance and payment bonds and other instruments of security. 6. Change Order— A written order which is signed by Design/Builder and Owner which authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 7. Claim — A demand or assertion by Owner or Design/Builder seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a claim. 8. Conceptual Documents — The drawings and specifications and/or other graphic or written materials, criteria and information concerning Owner's requirements for the Project, such as design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, including those items enumerated in the Request for Proposals which show or describe the character and scope of, or relate to, the Work to be performed or furnished and which have been prepared by or for Owner. 9. Construction — The result of performing or furnishing of labor, the furnishing and incorporating of materials and equipment into the Work and the furnishing of services (other than Design Professional Services) and documents, all as required by the Contract Documents. 10. Construction Subagreement — A written agreement between Design/Builder and a construction Subcontractor for provision of Construction. 11. Contract — The entire and integrated written agreement between Owner and Design/Builder concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents — Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. 13. Contract Price — The moneys payable by Owner to Design/Builder for completion of the Work in accordance with the Contract Documents. 14. Contract Times — The numbers of days or the dates stated in the Agreement to (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment, as evidenced by Owner's Representative's written recommendation for final moment, and in accordance with paragraph 13.08. 15. Design/Builder — The individual or entity with whom Owner has entered into the Agreement. 15a. Design Materials — Any and all documents, shop drawings, electronic information, data, plans, drawings, sketches, illustrations, specifications, descriptions, models and other information developed, prepared, furnished, delivered or required to be delivered by the Design/Builder (a) to the Owner under the Contract Documents or b developed or vrepared by the Design/Builder specifically to discharge its duties under the Contract Documents. 16. Design Subagreement — A written agreement between Design/Builder and a design professional for provision of Design Professional Services. 17. Design Professional Services — Services related to the preparation of Drawings, Specifications, and other design submittals specified by the Contract Documents and required to be performed by licensed design professionals, as well as other services provided by or for licensed design professionals during Bidding/Negotiating, Construction, or Operational phases. 18. Drawings — Those portions of the Contract Documents prepared by or for DesignBuilder and approved by Owner consisting of drawings, diagrams, illustrations, schedules and other data which show the scope, extent, and character of the Work. 19. Effective Date of the Agreement — The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 20. Field Order — A written order issued by Owner which orders minor changes in the Work in accordance with Article 9 — Changes in the Work, Claims, but which does not involve a change in the Contract Price or the Contract Times. EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 2 21. Hazardous Environmental Condition — The presence at the Site of Asbestos, Hazardous Waste, PCBs, Petroleum Products or Radioactive Materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto on connection with the Work. 22. Hazardous Waste — The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 23. Laws or Regulations — Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 23a. Legal Holidays — Those holidays observed by the City of Fort Collins. 24. Liens — Charges, security interests or encum- brances upon real property or personal property. 25. Milestone — A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of al I the Work. 26. Notice of Award— The written notice by Owner to the successful proposer stating that upon compliance by the successful proposer with the conditions precedent included therein, within the time specified, Owner will sign and deliver the Agreement. 27. Notice to Proceed — A written notice given by Owner to Design/Builder fixing the date on which the Contract Times will commence to run and on which Design/Builder shall start to perform the Work. 28. Owner — The individual or entity with whom Design/Builder has entered into the Agreement and for whom the Work is to be performed. 29. Owner's Consultant — An individual or entity with whom the Owner may contract to furnish services to Owner with respect to the Project and who is identified as such in the Supplementary Conditions. 30. Partial Utilization — Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 31. PCBs —Polychlorinated biphenyls. 32. Petroleum — Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 33. Project — The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 34. Proposal — The documents submitted by Design/Builder in response to the Request for Proposals setting forth the design concepts, proposed prices, and other conditions for the Work to be performed. 35. Radioactive Material — Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 35a. ReQulor Working Hours - 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise specified in the Contract Documents. 36. Request for Proposals— The document prepared by or for Owner specifying and describing Owner's objectives and the procedure to be followed in preparing and submitting a Proposal and awarding a contract. 37. Resident Project Representative — The authorized representative of Owner who may be assigned to the Site or any part thereof. 37a. Samoles — Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work shall be budged. 38. Schedule of Values — A schedule prepared by Design/Builder and acceptable to Owner indicating that portion of the Contract Price to be paid for each major component of the Work. 38a. Shop Drawings — All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for Design/Builder and submitted by Design/Builder to illustrate some portion of the Work. 39. Site — Lands or other areas designated in the Contract Documents as being furnished by Owner upon which Construction is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for use of Design/Builder. 40. Specifications — The part of the Contract Documents prepared by or for Design/Builder and approved by Owner consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 41. Subcontractor — An individual or entity other than a Supplier having a direct contract with Design/Builder or with any other Subcontractor for the performance of a part of the Work. 42. Submittal — A written or graphic document prepared by or for Design/Builder which is required by the Contract Documents to be submitted to Owner by Design/Builder. Submittals may include Drawings, Specifications, progress schedules, shop drawings, samples, cash flow projections, and Schedules of Values. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 3 Submittals other than Drawings and Specifications are not Contract Documents. 43. Substantial Completion — The time at which the Work (or a specified part) has progressed to the point where it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions — The part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier — A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with Design/Builder or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Design/Builder or any Subcontractor. 45a. Underground Facilities — All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 46. Unit Price Work — Work to be paid for on the basis of unit prices. 47. Work — The entire construction or the various separately identifiable parts thereof required to be performed or furnished under the Contract Documents. Work includes and is the result of performing or furnishing Design Professional Services and Construction required by the Contract Documents. 48. Work Change Directive — A written directive to Design/Builder, issued on or after the Effective Date of the Agreement and signed by Owner ordering an addition, deletion or revision in the Work, or responding to differing site conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. Intent of Certain Terms or Adjectives: 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2. The word "defective," when modifying the words "Construction" or "Work" refers to Construction or Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to Owner's final pa ment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion) provided that the defect was not caused by Owner. 3. The word "furnish," when used in connection with services, materials, or equipment, shall mean to simply and deliver said services, materials or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 4. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials or equipment or equipment complete and ready for intended use. 5. The words "perform" or "provide" when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 6. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation ofDesignBuilder, "provide" is implied. 7. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with that meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When Design/Builder delivers the executed Agreements to Owner, Design/Builder shall also deliver to Owner such Bonds as Design/Builder may be required to furnish in accordance with paragraph 5.01.A. 2.02 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. is earlieF 2.03 Starting the Work E1CDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for E1CDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 A. Design/Builder shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.04 Before Starting the Work A. Design/Builder's Review of Contract Documents: Before undertaking each part of the Work, Design/Builder shall carefully study and compare those Contract Documents prepared by Owner and check and verify pertinent figures therein and all applicable field measurements. DesignBuilder shall promptly report in writing to Owner any conflict, error, ambiguity, or discrepancy which Design/Builder may discover and shall obtain a written interpretation or clarification from Owner before proceeding with any Work affected thereby; however, Design/Builder shall not be liable to Owner for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Design/Builder knew or reasonably should have known thereof. B. Preliminary Schedules: Within 10 days after commencement of the Contract Times (unless otherwise specified in the Contract Documents), Design/Builder shall submit the following to Owner for its timely review: 1. A preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. A preliminary schedule of Submittals which will list each required Submittal and the times for submitting, reviewing and processing each Submittal; in no case will a schedule be acceptable which allows less than seven (7) calendar days for each review by owner. 3. A preliminary Schedule of Values for all of the Work which will include quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work-, 4. A preliminary cash flow projection estimating that portion of the Contract Price to be due during each month of performance. C. Evidence of Insurance: Before any Work at the Site is started, Design/Builder whieh S PHFGhase and int-ai in aese-Fd-mmee ...:.t, Aniel, 5 shall deliver to Owner certificates of insurance (and other evidence of insurance requested by Owner) which Design/Builder is required to purchase and maintain in accordance with Article 5 - Bonds and Insurance. 2.05 Initial Conference A. Within twenty days after the Contract Times start to run, Design/Builder will arrange a conference attended by Owner and Design/Builder and others as appropriate to establish a working understanding among the parties as to the Work and to discuss the design concepts, schedules referred to in paragraph 2.04.13, procedures for handling Submittals, processing Applications for Payment, maintaining required records, items required pursuant to paragraph 8.0I.A.6 and other matters. 2.06 Initial Acceptance of Schedules A. At least ten days before submission of the first Application for Payment (unless otherwise provided in the Contract Documents), Design/Builder will arrange a conference attended by Design/Builder, Owner and others as appropriate to review for acceptability the schedules submitted in accordance with paragraph 2.04.B. Unless otherwise provided in the Contract Documents, before any work at the site begins, a conference attended by Design/Builder, Owner's Representative and others as designated by Owner will be held to review for acceptability to Owner as provided herein the schedules submitted in accordance with paragraph 2.04.B. Design/Builder shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Design/Builder until the acceptable schedules are submitted to Owner. 1. The progress schedule will be acceptable to Owner if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on Owner responsibility for the progress schedule, for sequencing, scheduling or progress of the Work nor interfere with nor relieve Design/Builder from Design/Builder's full responsibility therefor. 2. Design/Builder's schedule of Submittals will be acceptable to Owner if it provides a workable arrangement for reviewing and processing the required Submittals. 3. Desian/Builder's Schedule of Values will be acceptable to Owner as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the work. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be designed and constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for E1CDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 5 7.02 Upon completion of design and finalization of costs, a Final Guaranteed Maximum Price (the "FGMP") will be established and documented by Contract Amendment. 7.03 In the event that the Cost of the Work plus the DESIGN/BUILDER'S Fee shall be less than the FGMP, as adjusted by Change Orders, the resulting Savings shall be shared by the OWNER and the DESIGN/BUILDER as follows: A. OWNER shall be entitled to Seventy-five percent (75%) of the Savings, B. DESIGN/BUILDER shall be entitled to Twenty-five percent (25%) of the Savings, at the time of Final Payment. Article 8. CHANGES IN THE WORK 8.01 The amount of any increases or decreases in the DESIGN/BUILDER's Fee or in any Guaranteed Maximum Price or Fee which results from a Change Order shall be set forth in the applicable Change Order subject to the following: A. Any increase or decrease in the DESIGN/BUILDER's Fee resulting from net additions or decreases in the Cost of the Work shall be determined in accordance with paragraph 11.01.0 of the General Conditions. B. In the case of net additions or deletions in the Work, the amount of any increase or decrease in the Final Guaranteed Maximum Price shall be determined in accordance with paragraph 10.01 of the General Conditions. Article 9. PAYMENT PROCEDURES 9.01 DESIGN/BUILDER shall submit and OWNER will process Applications for Payment in accordance with Article 13 of the General Conditions. Applications for Payment will indicate the amount of the DESIGN/BUILDER's Fee then payable. A. Progress Payments. Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of DESIGN/BUILDER'S Applications for Payment within 30 days after OWNER acceptance of Application for Payment. All such payments will be subject to the limitations of any Interim or Final Guaranteed Maximum Price or DESIGN/BUILDER'S Fee and will be measured by the acceptable Schedule of Values established in paragraph 2.06 of the General Conditions (and in the case of Unit Price Work based on the number of units completed). For Cost of Work: Progress payments on account of the Cost of the Work will be made as follows: a. In an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as OWNER may withhold in accordance with paragraph 13.03.E of the General Conditions. (1) 95 percent of Cost of the Work completed (with the balance being retainage). If the Work has been 50% completed as equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for at no additional cost to Owner. C. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of Owner as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to Owner any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to any provision of the Contract Documents. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws or Regulations. 1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code, or Laws or Regulations in effect on the last day for receipt of Proposals except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, code, or instruction of a Supplier shall be effective to change the duties and responsibilities of Owner. DesianBuilder, or any of their subcontractors, consultants, agents, or emnlovees from those set forth in the Contract Documents, nor shall it be effective to assign to Owner any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the Provisions of the Contract Documents. ambiguity, or discrepancy between the provisions of the Contract Documents and: 1. The provisions of any such standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documental; or 2. The provisions of anv such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation 3. In the event of conflicting or ambiguous provisions within the Contract Documents, specifications will take precedence over the drawings and addenda will take precedence over both. Notwithstanding the foregoing, the more specific provision will take precedence over the less specific; the more stringent will take precedence over the less stringent; the more expensive item will take precedence over the less expensive. On all drawings, figures take precedence over scaled dimensions. Scaling of dimensions, if done, is done at the Design/Builder's own risk. C. If, during the performance of the Work, Design/Builder discovers any conflict, error, ambiguity. or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 3.03.13, Design/Builder shall report it to Owner in writing at once, and Desian/Builder shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.16) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04.A; provided, however, that Design/Builder shall not be liable to Owner for failure to report any such conflict, error, ambiguity, or discrepancy unless Design/Builder knew or reasonably should have known thereof. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.03 Resolving Discrepancies 1. Owner's approval of required Submittals A. In the event of a discrepancy between the (pursuant to paragraph 6.17.13); Conceptual Documents on the one hand and the Proposal or 2. A Work Change Directive; Drawings or Specifications on the other hand, the Conceptual 3. A Change Order; Documents will control except when Owner has approved a Submittal pursuant to paragraph 6.17.13. 4. A Field Order,• B. Except as otherwise specifically stated in the 5. A formal Written Amendment. Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, 3.05 Reuse Elf Documents Use of Design Materials EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 A. All documents including Drawings and Specifications prepared or f imished by Design/Builder pursuant to this Agreement are for Design/Builder's own use, and Design/Builder shall retain an ownership and property interest therein whether or not the Project is completed. Owner may make and retain copies for information and reference in connection with the use and occupancy of the Project by Owner and others. However, such documents are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse or any continued use after any termination without written verification or adaptation by Design/Builder for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Design/Builder and Owner shall indemnify and hold harmless Design/Builder and Subcontractors from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Design/Builder to further compensation at rates to be agreed upon by Owner and Design/Builder. The Owner shall have unlimited rights to copy and use in connection with the Proiect all Design Materials, including the right to use same on the Project at no additional cost to the Owner, regardless of degree of completion, provided that said services performed have been fully paid for as reouired by the terms of this Agreement. The DesignBuilder agrees to and does herby grant to the Owner and any assignee or successor of the Owner as owner of the Project a royalty -free license to any such Design materials as to which the Design/Builder may assert any rights under the patent or copyright laws. The Design/Builder hereby assigns outright and exclusively to the Owner all copyrights in the design appearance of the Proiect. The Desim/Builder, as part of its aereements with any Subcontractor or consultant, will secure such license and use rights from each such entity, and shall defend, indemnify and hold the Owner and any successors or assigns harmless from any claims by such entities for copyright or patent infringement. B. The Drawings, Specifications and other documents prepared for this Project are for use solely with respect to this Project and the author of these documents, consistent with Owner's ownership of the design, shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Drawings, Specifications or other documents shall not be used by the Owner or others on other projects. Submission or distribution of documents to meet official regulatory requirements or for other similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved herein. C. Subject to Owner's remedies for a default, the Owner shall release the Design/Builder, its Subcontractors, consultants, and their respective agents and employees from all Owner's claims, liabilities, demands, actions, costs and expenses (including reasonable attorney's and expert's fees and costs) (a) arising from any use by the Owner, its successors or assigns of such Design Materials if the Design/Build Agreement is terminated by the Owner prior to Substantial Completion of the Work, or (b) arising as a result of amendments or modifications of any such Design Materials made without the prior consent of Design/Builder, and which do not result from errors, omissions or negligence in the Design Materials supplied hereunder. D. Upon conclusion of the Project and before final payment, Design/Builder shall provide Owner with reproducible drawings and electronic computer files of the Project containing accurate information on the Project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non -fading process proven suitable for long-term storage and high -quality reproduction. Electronic computer files shall be in AutoCAD Version 13 format. 3.06 Electronic Data A. Copies of data furnished by Owner to Design/Builder or Design/Builder to Owner that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; DIFFERING SITE SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS; HAZARDOUS ENVIRONMENTAL CONDITIONS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Design/Builder of any encumbrances or restrictions not of general application but specifically related to use of the Site which Design/Builder will have to comply in performing the Work. Unless otherwise provided in the Contract Documents, Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing FJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 7 facilities. If Design/Builder and Owner are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in Owner's furnishing the Site, Design/Builder may make a Claim therefor as provided in Article 9. B. Upon reasonable written request, Owner shall furnish Design/Builder with a current statement of record legal title and legal description of the lands upon which the Construction is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws or Regulations. C. Design/Builder shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 d Site Genditions Subsurface and Physical Conditions A. Design/Builder shall promptly, and before the conditions are disturbed, give a written notice to Owner of (i) subsurface or latent physical conditions at the Site which differ materially from those indicated in the Contract Documents, or (ii) unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character called for by the Contract Documents. B. Owner will investigate the Site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Design/Builder's cost of, or the time required for, performing any part of the Work, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the Contract Price or Times modified in writing by Change Order in accordance with Article 9. C. No request by Design/Builder for an equitable adjustment under paragraph 4.02 shall be allowed unless Design/Builder has given the written notice required; provided that the time prescribed in 9.03.A for giving written notice may be extended by Owner. D. The provisions of this paragraph 4.02 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. A. Reports and Drawings: Refer to these Supplementary Conditions for identification of: I. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by Owner in preparing the Contract Documents, including the following: See Section 00800 Supplementary Conditions Design/Builder may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretation or opinions contained therein or upon the completeness of any information in the report. 2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by OWNER in preparing the Contract Documents. a. No drawings of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.02.G) which are at or contiguous to the site have been utilized in preparation of the Contract Documents, except the following: See Section 00800 Supplementary Conditions B. Limited Reliance by DesignBuilder Authorized; Technical Data: Design/Builder may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Request for Proposals or in these Supplementary Conditions. Except for such reliance on such "technical data", Design/Builder may not rely upon or make any claim against Owner, with respect to: (i) the completeness of such reports and drawings for Design/Builder's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Design/Builder and safety precautions and programs incident thereto, or (ii) other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or (iii) any Design/Builder interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. C. Notice of Differing Subsurface or Physical Conditions: If Design/Builder believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Design/Builder is entitled to rely as provided in paragraphs 4.02.A and 4.02.13 is materially inaccurate, or 2. is of such a nature as to require a change in the Contract Documents, or 3. differs materially from that shown or indicated in the Contract Documents, or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; or 5. is of such a nature as to reasonably be suspected of containing or constituting Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material, or such other substances or materials that may result in significant damage or injury or require compliance with specifically EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 8 applicable regulatory requirements, unless confirmation of the absence of such condition has previously been provided; then Design/Builder shall, immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.16), notify Owner in writing about such condition. Design/Builder shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. D. Owner's Review: Owner will promptly review the pertinent conditions and determine the necessity of obtaining additional exploration or tests with respect thereto. E. Possible Contract Documents Change: If Owner concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.02.C, a Work Change Directive or a Change Order will be issued as provided in Article 9 to reflect and document the consequences of such change. F. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in Design/Builders cost of, or time required for performance of, the Work; subject, however, to the following: 1. such condition must meet any one of more of the categories described in paragraph 4.02.C; 2. a change in the Contract Documents pursuant to paragraph 4.02.E will not be an automatice authorization of nor a condition precedent to entitlement to any such adjustment; 3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraph 10.03; and 4. Design/Builder shall not be entitled to any adjustment in the Contract Price or Times if-. a. Design/Builder knew of the existence of such conditions at the time Design/Builder made a frial commitment to Owner in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Request for Proposals or Contract Documents to be conducted by or for Design/Builder prior to Design/Builder's making such final commitment; or C. Design/Builder failed to give the written notice within the time and as required by Paragraph 4.02.0 above. 5. If Owner and Design/Builder are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 10 and 11. However, Owner shall not be liable to Design/Builder for any claims, costs, losses or damages sustained by Design/Builder on or in connection with any other project or anticipated project. G. Physical Conditions— Underground Facilities: 1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to Owner by the owners of such Underground Facilities or by others Unless it is otherwise expressly provided in the Supplementary Conditions, Owner shall not be responsible for the accuracy or completeness of any such information or data, and the cost of all of the following will be included in the Contract Price and Design/Builder shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, C. coordination of the Work with the owners of such Underground Facilities during construction, and d. the safety and protection of all Underground Facilities as provided in paragraph 6.13 and repairing any damage thereto resulting from the Work. 2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, Design/Builder shall, immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16), identify the owner of such Underground Facility and give written notice to that owner and to Owner. Owner will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If Owner concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 9 to reflect and document such consequences. During such time, Design/Builder shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.12. Design/Builder maybe allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that Design/Builder did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Design/Builder are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, Design/Builder may make a claim therefor as provided in Articles 10 and 11. However, Owner shall not be liable to Design/Builder for any claims, costs, losses or damages EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 9 • incurred or sustained by Design/Builder on or in connection with any other project or anticipated project. 4.03 Reference Points A. Design/Builder shall be responsible for laying out the Work and shall protect and preserve the reference points and property monuments established by Owner pursuant to paragraph 8.0l .A.6.e, and shall make no changes or relocations without the prior written approval of Owner. Design/Builder shall report to Owner whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Ramr-da-as EnviFenmental Condition at Site Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material A. Design/Builder will not be responsible for any Hazardous Environmental Condition encountered at the Site which was not identified in the Contract Documents to be within the scope of the Work. Design/Builder shall be responsible for materials creating a Hazardous Environmental Condition created by any materials brought to the Site by Design/Builder, Subcontractors, Suppliers or anyone else for whom Design/Builder is responsible Owner shall be responsible for any Asbestos PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site unless such substance or material should have been ascertained by Design/Builder in accordance with paragraph 4.02.C.5. OWNER shall not be responsible for any such materials brought to the site, managed, stored or disposed of by DesignBuilder, Subcontractors, Suppliers or anyone else for whom Design/Builder is responsible.. B. If Design/Builder encounters a Hazardous Environmental Condition, Design/Builder shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Construction in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify Owner (and thereafter confirm such notice in writing). Owner shall promptly determine the necessity of retaining a qualified expert to evaluate such condition or take corrective action, if any. C. Design/Builder shall not be required to resume Construction in connection with such Hazardous Environmental Condition or in any such affected area until after Owner has obtained any required permits related thereto and delivered to Design/Builder written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Construction, or (ii) specifying any special conditions under which such Construction may be resumed safely. If Owner and Design/Builder cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Construction stoppage or such special conditions under which Construction is agreed to be resumed by Design/Builder, either party may make a Claim therefor as provided in Article 9. D. If after receipt of such special written notice Design/Builder does not agree to resume Construction based on a reasonable belief it is unsafe, or does not agree to resume such Construction under such special conditions, then Owner may order such portion of the Work that is related to such Hazardous Environmental Condition to be deleted from the Work. If Owner and Design/Builder cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Article 9. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. E. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design/Builder, Subcontractors, Suppliers and the officers, directors, partners, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from such Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Contract Documents to be included in the scope of the Work, and (iii) was not created by Design/Builder or by anyone for whom Design/Builder is responsible. Nothing in this paragraph 4.04.E shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. F. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultant and the officers, directors, partners, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from such Hazardous Environmental Condition created by Design/Builder or anyone for whom Design/Builder is responsible. Nothing in this paragraph 4.04.F shall obligate Design/Builder to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment and Other Bonds EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 10 A. Design/Builder shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Design/Builder's obligations to furnish, provide and pay for Work and related materials under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. Design/Builder shall also furnish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 by the Audit Staff, Bureau of Government Financial Operations, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by Design/Builder is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.13 and 5.02, Design/Builder shall within twenty ten 10 days thereafter substitute another Bond and surety, both of which _. phs 5.0 1.14 and 5.02 must be acce table to Owner. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Design/Builder shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Design/Builder shall deliver to Owner, with copies to each additional insured indicated in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Design/Builder is required to purchase and maintain. Bwrter shall deliver to BeSigrdl3uilder, with eepies te aeb eAditienal insured 5.04 Design/Builder's Liability Insurance A. Design/Builder shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from DesignBui[der's performance of the Work and Design/Builder's other obligations under the Contract Documents, whether it is to be performed by Design/Builder, any Subcontractor or Supplier or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. Claims under workers' compensation, disability benefits and other similar employee benefit acts 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Design/Builder's emplovees: 3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Design/Builder's emplovees: 4. Claims for damages insured by reasonably available personal injury liability coverage which are sustained fi) by any person as a result of an offense directly or indirectly related to the employment of such Person by Design/Builder, or 60 by any other Person for any other reason 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom: and 6. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by paragraph 5.04.A shall: 1. With respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, 5.04 B.3 a-affi,a-5-.04z (subiectto any customary exclusion in respect of professional liability) include as additional insureds Owner and Owner's Consultants and any other persons or entities indicated in the Supplementary Conditions, all of whom shall be listed as additional insureds and include coverage for the respective officers, directors, Partners, and employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby: 2. Include at least the specific coverages and be written for not less than the limits of liability Provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater: the limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For paragraphs 5.04.A.I and 5.04.A.2: Coverage A — Statutory limits: Coverage B — $100,000/ $100,000/ 500 000. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 11 For paragraphs 5.04.A.3 and 5.04.A.5: The Commercial General Liability Policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosions, Collapse, and Underground coverage unless waived by the Owner. For paragraph 5.04.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). For paragraph 5.04.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated Primary limits. For paragraph 5.02.C: The Professional Liability Errors & Omissions policy will have limits of $5,000,000. 3. Include completed operations insurance: 4. Include contractual liability insurance covering Design/Builder's :..,,,...,n;y,, obligations PArAff 5. Contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to Owner and each other additional insured indicated in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Design/Builder pursuant to paragraph 5.03 will so provide), 6. Remain in effect at least until final payment and at all times thereafter when Design/Builder may be correcting, removing or replacing defective Construction in accordance with paragraphs 12.06 and 12.07, and 7. With respect to completed operations insurance, and any other insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and Design/Builder shall furnish Owner and each other additional insured indicated in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter). C. Design/Builder's Professional Liability Errors & Omissions Insurance. Design/Builder shall purchase and maintain such Professional Liability Errors & Omissions insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims which may arise out of or result from Design/Builder's performance and furnishing of the Work and DesianBuilder's other obligations under the Contract Documents, whether it is to be performed or furnished by Design/Builder, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Design/Builder under paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Builders Risk Insurance Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Construction at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws or Regulations). This insurance will: 1. Include the interests of Owner, Owner's Consultant, Design/Builder, Subcontractors, and any other individuals or entities indicated in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured: 2. Be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Construction, temporary buildings, falsework and all materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws or Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Sul)plementary Conditions: 3. Include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects): 4. Cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Construction, Provided that such materials and equipment have been included in an Application for Payment approved by Owner; 5. Allow partial utilization in accordance with paragraph 13.06, 6. Include testing and startup: and 7. Be maintained in effect until final nayment is made unless otherwise agreed to in writing by Owner and EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright (02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 12 Design/Builder with thirty days' written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws or Regulations which will include the interests of Owner, Owner's Consultants, Design/Builder, Subcontractors, and any other individuals or entities indicated in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by Owner in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to Design/Builder and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Design/Builder, Subcontractors, Suppliers, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount, will be borne by Design/Builder, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Design/Builder requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Design/Builder by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Design/Builder whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Design/Builder intend that all policies purchased in accordance with paragraph 5.06 will protect Owner, Owner's Consultant, Design/Builder, Subcontractors, Suppliers, and all other individuals or entities indicated in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and DesignBuilder waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Owner's Consultant, Subcontractors, Suppliers, and all other individuals or entities indicated in the Supplementary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Design/Builder, Subcontractors, and Suppliers and the officers, directors, employees and agents of any of them for: 1. Loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property caused by, arising out of or resulting from fire or other peril whether or not insured by Owner; and 2. Loss or damage to the completed Proiect or any part thereof caused by, arising out of. or resulting from fire or other insured peril or cause or loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to paragraph 13.06, after Substantial Completion pursuant to paragraph 13.05, or after final pavment pursuant to paragraph 13.08. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Design/Builder, Subcontractors, Owner's Consultant, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.08.B. Owner shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Construction shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 13 parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if Fequifed in mT4ti*g Owner as fidueiwy shall give bond feF he proper pe.c ..mnee ef......t, duties 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If eithp Owner er-9esig"uilder has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the ether party Design/Builder in accordance with Article 5 on the basis of their not complying with the Contract Documents, the objeet:..,...e.,.. Owner shall so notify the --etheF--�� Design/Builder in writing within ten fifteen (15) days after receipt of the certificates (or other evidence requested) required by paragraph 2.04.C. Q%in.._ and nesig 3uilder- shell eaek n,,.e .eh paFty shall nett fy the ethe. PaIF45' i , -:t:,,.,a ef. UGh f failure to y eF Of SUGh te to change the ., Without p udi 4e any the right o remedy, eA seve ;he ether e..t.. 5.10 Partial Utilization, Acknowledgment of Property Insurance A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 13.06, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — DESIGNBUILDER'S RESPONSIBILITIES 6.01 Design Professional Services A. Standard of Care. The standard of care for Design Professional Services performed or furnished under this Agreement will be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality. B. Preliminary Design Phase. After the Contract Times commence to run, Design/Builder shall: 1. Consult with Owner to understand Owner's requirements for the Project and review available data; 2. Advise Owner as to the necessity of Owner's providing or obtaining from others additional reDorts. data, or services of the types provided in paragraph 8.0l .A.6.a-g and assist Owner in obtaining such reports, data, or services; 3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by Design/Builder with whom consultation is to be undertaken in connection with the Proiect; 4. Obtain such additional geotechnical and related information which it deems necessary for performance of the Work, 5. On the basis of the Conceptual Documents and Design/Builder's Proposal, prepare preliminary design documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project; 6. Fumish the preliminary design documents to and review them with Owner within the times indicated in the schedules described in paragraphs 2.06.A.1 and 2.06.A.2; and 7. Identify any variations in the preliminary design documents from the Contract Documents in accordance with 6.17.13. C. Final Design Phase. After written acceptance by Owner of the preliminary design phase documents Design/Builder shall: 1. On the basis of the accepted Preliminary Design Phase documents, prepare final Drawings showing the scope, extent, and character of the Construction to be performed and furnished by Design/Builder and Specifications (which will be pared, where appropriate, in general conformance with the sixteen division format of the Construction Specifications Institute); 2. Provide technical criteria, written descriptions and design data required for obtaining approvals of such governmental authorities as have jurisdiction to review or approve the final design of the Proiect, and assist Owner in consultations with appropriate authorities; 3. Furnish the above documents. Drawings, and Specifications to and review them with Owner within the times indicated in the schedules described in paragraphs 2.06.A.1 and 2.06.A.2; and 4. Identify any deviations from other Contract Documents in accordance with paragraph 6.17.13. 6.02 Supervision and Superintendence of Construction E1CDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 14 A. Design/Builder shall supervise, inspect and direct the Construction competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to provide the Construction in accordance with the Contract Documents. Design/Builder shall be solely responsible for the means, methods, techniques, sequences and procedures of Construction. Design/Builder shall be responsible to see that the completed Construction complies accurately with the Contract Documents and shall keep Owner advised as to the quality and progress of the Construction. B. At all times during the progress of Construction, the Design/Builder shall assign a competent resident superintendent thereto, who shall not be replaced without written notice to Owner except under extraordinary circumstances. The superintendent will be Design/Builder's representative at the Site and shall have authority to act on behalf of Design/Builder. All communications given to or received from the superintendent shall be binding on Design/Builder. 6.03 Labor, Working Hours A. Design/Builder shall provide competent, suitably qualified personnel to perform the Work as required by the Contract Documents. Design/Builder shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Construction at the Site shall be performed during (Regular wWorking hHours, and Design/Builder will not permit overtime work or the performance of Construction on Saturday, Sunday or any ILegal hHoliday without Owner's written consem, w4ieh will not; hp ZFE—RSO-Eiably withhold. Design/Builder shall submit requests to Owner no less than 48 hours in advance of any Work to be performed on Saturday, Sunday, Legal Holidays, or outside Regular Working Hours. 6.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Design/Builder shall fumish or cause to be famished and assume full responsibility for materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the Work. 1. Purchasing Restrictions: Design/Builder must comply with the City's purchasing restrictions. Copies of the resolution(s) are available for review in the offices of the Purchasing and Risk Management Division or the city Clerk's office. 2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement certify that the cement was not made in cement kilns that bum hazardous waste as a fuel. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of Owner. If reasonably required by Owner, Design/Builder shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 6.05 Progress Schedule A. Design/Builder shall adhere to the progress schedule established in accordance with paragraph 2.06.A as it may be adjusted from time to time as provided below: 1. Design/Builder shall submit to Owner for acceptance proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally tthe progress schedule then in effect, and will comply with any provisions of the Contract Documents applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 11.02. Such adjustments may only be made by Change Order or. 6.06 Concerning Subcontractors, Suppliers, and Others A. Design/Builder shall not employ any Subcontractor, Supplier, or other individual or entity against whom Owner may have reasonable objection. Design/Builder shall not be required to employ any Subcontractor, Supplier or other individual or entity to furnish or perform any of the Work against whom Design/Builder has reasonable objection. Desian/Builder shall perform not less than 20 percent of the Work with its own forces (that is, without subcontracting). The 20 percent requirement shall refer to the Work the value of which totals not less than 20 percent of the Contract Price. B. Design/Builder shall be fully responsible to Owner for all acts and omissions of the Subcontractors, Suppliers and other individuals or entities performing or furnishing any of the Work just as Design/Builder is responsible for Design/Builder's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner and any such Subcontractor, Supplier, or other individual or entity, nor shall it create any obligation on the part of Owner to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws or Regulations. C. Design/Builder shall be solely responsible for scheduling and coordinating Subcontractors, Suppliers and other individuals and entities performing or furnishing any of EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ®2002 National Society of Professional Engineers for EICOC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 15 determined by OWNER, and if the character and progress of the Work have been satisfactory to OWNER, OWNER may determine that as long as the character and progress of the Work remain satisfactory, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. (2) 95 percent of (with the balance being retainage) of the cost of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 13.02.A of the General Conditions). b. For all such progress payments, OWNER shall withhold such amounts as determined in accordance with paragraph 13.03.E of the General Conditions. 2. For DESIGN/BUILDER'S Fee: Progress payments on account of the DESIGN/BUILDER's Fee will be made as follows: a. Payments will be in an amount equal to 95 percent of such Fee earned to the date of the approved Application for Payment (less in each case payments previously made on account of such fee) based on the progress of the Work measured by the Schedule of Values established as provided in paragraph 2.06.A of the General Conditions (and in the case of Unit Price Work on the number of units completed). B. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 13.08 of the General Conditions and statutorily required procedures as set forth in Section 16.05.A of the General Conditions, OWNER shall pay remainder of the Cost of the Work plus DESIGN/BUILDER's Fee. Article 10. DESIGN/BUILDER'S REPRESENTATIONS 10.01 DESIGN/BUILDER makes the following representations: A. DESIGN/BUILDER has examined and carefully studied the Contract Documents (including the Addenda) listed in paragraphs 12.01 A through F. B. DESIGN/BUILDER has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work. C. DESIGN/BUILDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. D. DESIGN/BUILDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical the Work under a direct or indirect contract with Design/Builder. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Design/Builder in dividing the Work among Subcontractors and Suppliers or delineating the Work to be performed by any peciffc trade. D. Design/Builder shall require all Subcontractors, Suppliers and such other individuals and entities performing or furnishing any of the Work to communicate with the Owner through Design/Builder. E. All Work performed for Design/Builder by a Subcontractor or Supplier will be pursuant to an appropriate Design Subagreement or Construction Subagreement between Design/Builder and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner. Whenever an., ieh ag ent is with GH >. iHSHFaH6e PFO..:,tea in paraffaph c n6 ♦I,e agreement between the Design4guilder and- Phe Subeentrarta ..es�rtrrnt+a+t rrrrttte.'e �., r ttra:rsexe e• tsa'rre. t¢r.+e+rar. r�tcrr. rl. . .. �• - M-t 6.07 Patent Fees and Royalties A. Design/Builder shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Conceptual Documents for use in the performance of the Construction and if to the actual knowledge of Owner its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Conceptual Documents. B. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner and Owner's Consultant, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not identified in the Conceptual Documents. C. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design/Builder and its officers, directors, partners, employees or agents, Subcontractors and Suppliers from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device required by the Conceptual Documents. 6.08 Permits A. Unless otherwise provided in the Contract Documents, Design/Builder shall obtain and pay for all necessary permits, licenses, and approvals of governmental authorities having jurisdiction over the Work. Owner shall assist Design/Builder, when necessary, in obtaining such permits, licenses and approvals. Design/Builder shall pay all governmental charges and inspection fees necessary for the performance of the Work, which are applicable on the last day for receipt of Proposals or on the effective date of the Agreement. Design/Builder shall pay all charges of utility owners for connections to the Work, and Design/Builder shall Pay fees as provided in the Supplemental Conditions. Owner shall pay II eha a of stirh u4ilit.eA%ers C pital eels, Be atrcrased- Ohl vEciv 6.09 Laws or Regulations A. Design/Builder shall give all notices required by and comply with all Laws or Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Design/Builder's compliance with any Laws or Regulations. B. If Design/Builder performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, DesignBBuilder shall bear all costs arising therefrom. C. Changes in Laws or Regulations not known on the date of receipt of Proposals having an effect on the cost or time of performance may be the subject of a change in Contract Price or Contract Times. 6.10 Taxes A. Design/Builder shall pay all sales, consumer, use, and other similar taxes required to be paid by Design/Builder in accordance with the Laws or Regulations of the place of the Project which are applicable during the performance of the Work. B. Owner is exempt from Colorado state and local sales and use taxes on materials to be permanently incorporated into the project. Said taxes shall not be included in the Contract Price. Design/Builder must apply for, and receive, a Certificate of Exemption from the Colorado Department of Revenue for construction materials to be physically E1CDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for E1CDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 16 incorporated into the project. This Certification of Exemption provides that the Design/Builder shall neither pay nor include in his Proposal, sales and use taxes on those building and construction materials physically incorporated into the project. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, CO 80261 C. Sales and use taxes for the State of Colorado, Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable sales and use taxes (including State collected taxes) on any items other than construction and building materials physically incorporated into the project are to be paid by Design/Builder and are to be included in appropriate Work items. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas. 1. Design/Builder shall confine construction equipment, the storage of materials and equipment, and the operations of construction workers to the Site and other areas permitted by Laws or Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Design/Builder shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adiacent land or areas, resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of Work. Design/Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws or Regulations. Design/Builder shall indemnify and hold harmless Owner, Owner's Consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (includine, but not limited to, fees of engineers, architects, attomeys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim brought bby any such owner or occupant against Owner, or any other party indemnified hereunder to the extent caused by or based upon Design/Builder's performance of the Construction. B. Removal of Debris. During the performance of the Construction, Design/Builder shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Construction. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws or Regulations. C. Cleaning. Prior to Substantial Completion, Design/Builder shall clean the Site and make it ready for utilization by Owner. At completion of Construction, Design/Builder shall remove all tools, appliances, construction equipment, temporary construction and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures. Design/Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Design/Builder subject any part of the Construction or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Design/Builder shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders and Work Change Directives in good order and annotated to show all changes made during performance of the Work. These record documents together with all approved Submittals will be available to Owner for reference. Upon completion of the Work and prior to release of final payment, these record documents and Submittals, including a reproducible set of record drawings as provided in paragraph 3.05.D, will be delivered to Owner. 6.13 Safety and Protection A. Design/Builder shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Design/Builder shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All persons on the Site or who may be affected by the Work: 2. All Work and materials and equipment to be incorporated therein, whether in storage on or off the Site: and 3. Other Property at the Site or adiacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal- relocation, or replacement in the course of construction. B. Design/Builder shall comply with applicable Laws or Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Design/Builder shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Design/Builder, any Subcontractor, Supplier, or any other individual or entity EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 17 directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Design/Builder. D. Design/Builder's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed and Owner has issued a notice to Design/Builder in accordance with paragraph 13.08.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Design/Builder shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Design/Builder shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Design/Builder is obligated to act to prevent threatened damage, injury or loss. Design/Builder shall give Owner prompt written notice if Design/Builder believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If a change in the Contract Documents is required because of the action taken by Design/Builder in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Submittals A. Owner will review and approve Submittals in accordance with the schedule of required Submittals accepted by Owner as required by paragraph 2.06.A. Owner's review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the construction, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Owner's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Owner's review and approval of Submittals shall not relieve Design/Builder from responsibility for any variation from the requirements of the Contract Documents unless Design/Builder has in a separate written communication at the time of submission called Owner's attention to each such variation and Owner has given written approval. C. Construction prior to Owner's review and approval of any required Submittal will be at the sole risk of Design/Builder. 6.18 Continuing the Work A. Design/Builder shall continue the Work and adhere to the progress schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as Design/Builder and Owner may otherwise agree in writing. 6.19 Post -Construction Phase A. Design/Builder shall: 1. Provide assistance in connection with the start-up, testing, refining and adjusting of any equipment or system. 2. Assist Owner in training staff to operate and maintain the Work. 3. Assist Owner in developing systems and Procedures for control of the operation and maintenance of and record keeping for the Work. 6.20 Design/Builder's General Warranty and Guarantee A. Design/Builder warrants and guarantees to Owner that all Construction Work will be in accordance with the Contract Documents and will not be defective. Design/Builder's warranty and guarantee hereunder excludes defects or damage caused by: 1. Abuse, modification or improper maintenance or operation by persons other than Design/Builder, Subcontractors, or Suppliers or any other individual for whom Design/Builder is responsible, unless such abuse, modification, or improper maintenance or operation was permitted by or could reasonably have been prevented by Design/Builder, Subcontractors or Suppliers; or 2. Normal wear and tear under normal usage. B. Design/Builder's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Design/Builder's obligation to perform the Work in accordance with the Contract Documents: l . Observations by Owner: 2. The making of any progress or final payment: EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 18 3. The issuance of a certificate of Substantial Completion or any payment by Owner to Design/Builder under the Contract Documents; 4. Use or occupancy of the Work or any part thereof by Owner; 5. Any acceptance by Owner or any failure to do SO" 6. Any review and approval of a Submittal; 7. Any inspection, test or approval by others; or 8. Any correction of defective Certs4tietie* Work by Owner. 6.21 Indemnification A. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultants, and the officers, directors, partners, employees, agents, other consultants and subcontractors of each from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from the performance of Censtfustien the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only Fe the e-, ent and is caused in whole or in part by any negligent act or omission of Design/Builder, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by anv negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against Owner, Owner's Consultant or any of their respective consultants, agents, officers, directors, partners or employees by any employee (or the survivor or personal representative of such employee) of Design/Builder, any Subcontractor, any Supplier, any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.21.A shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Design/Builder or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts or other employee benefit acts. C. The indemnification obligations of Design/Builder under paragraph 6.2LA shall not extend to the liability of Owner's Consultant, and their officers, directors, partners, employees, agents, other consultants, and subcontractors arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or specifications. 6.22 Survival of Obligations A. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 — OTHER CONSTRUCTION 7.01 Related Work at Site A. Owner may perform other Work related to the Project at the Site by Owner's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. Written notice thereof will be given to Design/Builder prior to starting any such other work; and 2. DesienBuilder may make a Claim therefor as provided in Article 9 if Design/Builder believes that such performance will involve additional expense to Design/Builder or requires additional time and the parties are unable to agree as to the amount or extent thereof. B. Design/Builder shall afford each other contractor who is a party to such a direct contract and each utility owner (and Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, Design/Builder shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Design/Builder shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Owner and the others whose work will be affected. The duties and responsibilities of Design/Builder under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Design/Builder in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Design/Builder's Work depends upon work performed or services provided by others underthis Article 7, Design/Builder shall inspect such other work and appropriate instruments of service and promptly report to Owner in writing any delays, EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for E1CDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 19 defects or deficiencies in such other work or services that render it unavailable or unsuitable for the proper execution and results of Design/Builder's Work. Design/Builder's failure so to report will constitute an acceptance of such other work as fit and proper for integration with Design/Builder's Work except for latent or nonapparent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. The individual or entity who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified,• 2. The specific matters to be covered by such authority and responsibility will be itemized; and 3. The extent of such authority and responsi- bilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility in respect of such coordination. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 General A. Owner shall do the following in a timely manner so as not to delay the services of Design/Builder: 1. Designate in writing a person to act as Owner's Representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies make decisions with respect to performance of the Work, and shall provide such other services as may be agreed upon; 2. Provide such legal services as Owner may require with regard to legal issues pertaining to the Proiect including any that may be raised by Design/Builder; 3. If requested in writing by Design/Builder, furnish reasonable evidence satisfactory to Desip,n/Builder that sufficient funds are available and committed for the entire cost of the Proiect. Unless such reasonable evidence is furnished, Design/Builder is not required to commence or continue any Work, or may, if such evidence is not presented within a reasonable time, stop Work upon 15 days notice to the Owner; 4 Make payments to Design/Builder promptly when they are due as provided in paragraph 13.03 and 13,08, 5. Furnish the Site as set forth in paragraph 4.01.A; 6. Furnish to DesignBuilder, as required for performance of Design/Bui]der's Services the following, all of which Design/Builder may use and rely upon in erformine services under this Agreement: a. Environmental assessment and impact statements; b. Property, boundary, easement, right-of-way, topographic, and utility surveys; C. Property descriptions; d. Zoning, deed, and other land use re- strictions; e. Engineering surveys to establish reference points for design and construction which in Owner's judgment are necessary to enable Design/Builder to proceed with the Work; f. Assistance to Design/Builder in filing documents required to obtain necessary permits, licenses, and approvals of governmental authorities having jurisdiction over the Project; g. Permits, licenses, and approvals of government authorities Owner is specifically required to obtain by the Contract Documents; and h. All subsurface data at or contiguous to the Site which Owner may have obtained. 7. Review Submittals subiect to Owner review pursuant to paragraph 6 17 A• and 8. Provide information known to or in the possession of Owner relating to the presence of materials and substances at the Site which could create a Hazardous Environmental Condition. 8.02 Insurance A. Owner's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in Article 5. 8.03 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Design/Builder's means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Design/Builder to comply with Laws or Regulations applicable to the furnishing or performance of the Work. Owner will not be responsible for Design/Builder's failure to perform the Work in accordance with the Contract Documents. 8.04 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste, or EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 20 Radioactive Materials uncovered or revealed at the Site is set forth in paragraph 4.04. 8.05 Resident Project Representation A. Owner may furnish a Resident Project Representative to observe the performance of Construction. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. 8.06 Owner's Consultant A. Owner's Consultant, if any, has no duties, responsibilities, or authorities with respect to Design/Builder, unless so provided in the Supplementary Conditions. ARTICLE 9 — CHANGES IN THE WORK; CLAIMS 9.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work with:.the geReral seepe Elf the Gen4act by a Written Amendment Change Order or a Work Change Directive. Upon receipt of any such document, Design/Builder shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 9.02 Unauthorized Changes in the Work A. Design/Builder shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Construction as provided in paragraph 12.04. 9.03 Claims A. Notice. If Owner and Design/Builder are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of any order of Owner pursuant to paragraph 9.0 LA or other occurrence for which the Contract Documents provide that such adjustment(s) may be made, a Claim may be made therefor. Written notice of intent to make such a Claim shall be submitted to the other party promptly and in no event more than 15 days after the start of the occurrence or event giving rise to the Claim. B. Documentation. Substantiating documentation shall be submitted by the claiming party within 30 days after delivery of the notice required by paragraph 9.03.A. C. Decision. The other party shall render a decision on the Claim no more than 30 days after the receipt of the substantiating documentation required by paragraph 9.03.13. This decision will be final and binding unless the claiming parry gives notice of intention to exercise its rights under Article 15 within 30 days of receipt of the decision and exercises such rights within 30 days of giving the notice of intent. D. Time Limit Extension. The time limits of paragraphs 9.03.13 and 9.03.0 may be extended by mutual agreement. 9.04 Execution of Change Orders A. Owner and Design/Builder shall execute appropriate Change Orders covering: 1. Changes in the Work which are (i) ordered by Owner pursuant to paragraph 9.01, (ii) required because of acceptance of defective Construction or Work under paragraph 12.08 or Owner's correction of defective Construction or Work under paragraph 12.09 or (iii) agreed to by the parties: and 2. Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive.: provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during anv such appeal, Design/Builder shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18. 9.05 Notice to Sureties A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be Design/Builder's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 9.06 Effect of Change Orders A. By the execution of a Change Order, a Work Change Directive, or Written Agreement, Owner and Design/Builder expressly acknowledge and agree that said Change Order, Work Change Directive, or Written Agreement provides for a fair and equitable adjustment in Contract Price and/or Contact Time for the additions, deletions, or revisions in the Work as authorized by said Change Order, Work Change Directive or Written Agreement. Owner and Design/Builder further expressly acknowledge and agree that claims for adjustments to the Contract Price and/or Contract Time covered by a Change Order, Work Change Directive or Written Agreement are not valid. EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 21 ARTICLE 10 — COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 10.01 Cost of the Work A. Costs Included. The term Cost of the Work means the sum of all costs necessarily incurred and paid by Design/Builder in the proper performance of the Work. When the value of Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Design/Builder will be only those additional or incremental costs required because of the change of the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 10.01.B: 1. Payroll costs for employees in the direct emplov of DesignBuilder in the performance of the Work under schedules of iob classifications agreed upon by Owner and Design/Builder. a. Such employees shall include without limitation superintendents, foremen, and other personnel employed full-time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include,—bHt ttet-be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, and health acid ; etiFff ,en€ benefits, hARM51A.9 Sig]- 'Fipgtwan and heliday—pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or 41-egal hHolidays, shall be included in the above to the extent authorized by Owner. b. Such employees shall also include engineers, engineering technicians, architects, and others providing Design Professional Services. For purposes of this paragraph 10.0I.A.1, Design/Builder shall be entitled to payment for such employees an amount equal to salary costs times a factor, both as designated in the Agreement, for all services performed or furnished by such employees engaged on the Project. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Design/Builder unless Owner deposits funds with Design/Builder with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Design/Builder shall make provisions so that they may be obtained. 3. Payments made by Design/Builder to Subcontractors (excluding payments for Design Professional Services pursuant to paragraph 10.01.A.4) for Work performed or furnished by Subcontractors. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Design/Builder's Cost of the Work and fee. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 4. Payments made by Design/Builder for Design Professional Services provided or furnished under a Design Subagreement. 5. Costs of special consultants (including but not limited to testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following items: a. The proportion of necessary transportation, travel and subsistence expenses of Design/Builder's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the Site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Design/Builder. C. Rentals of all construction or engineering equipment and machinery and the parts thereof whether rented from Design/Builder or others in accordance with rental agreements approved by Owner, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rentalof any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Design/Builder is liable, imposed by Laws or Regulations. e. Deposits lost for causes other than negligence of Design/Builder, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 22 f. Losses, damages, and related expenses caused by damage to the Work not compensated by insurance or otherwise, sustained by Design/Builder in connection with the furnishing and performance of the Work (except losses and damages within the deductible amounts of vroDerty insurance established by Owner in accordance with Article 5 above) provided they have resulted from causes other than the negligence of Design/Builder, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Design/Builder's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. Cost of premiums for all Bonds and insurance Design/Builder is required by the Contract Documents to purchase and maintain. B. Costs Excluded The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Design/Builder's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Design/Builder whether at the Site or in Design/Builder's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 10.01.A.1, all of which are to be considered administrative costs covered by the Design/Builder's fee. 2. Expenses of Design/Builder's principal and branch offices other than Design/Builder's office at the Site. 3. Any part of Design/Builder's capital expenses, including interest on Design/Builder's capital employed for the Work and charges against Design/Builder for delinquent payments. 4. Costs due to the negligence of Design/Builder, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 10.0I.A. t, C. Design/Builder's Fee. When all the Work is performed on the basis of cost-plus, Design/Builder's fee shall be as set forth in the Agreement. When the value of the Work covered by a Change Order is determined on the basis of Cost of the Work, Design/Builder's fee shall be determined as set forth in paragraph 11.0I.C. D. Documentation. Whenever the cost of any Work is to be determined pursuant to paragraph 10.01.A and 10.013, Design/Builder will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Owner an itemized cost breakdown together with supporting data. 10.02 Cash Allowances A. The Contract Price includes all allowances so named in the Contract Documents. Design/Builder shall cause the Work so covered to be performed for such sums as may be acceptable to Owner. Design/Builder agrees that: 1. The allowances include the cost to Design/Builder (less any avvlicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes: and 2. Except as set forth in the Contract Documents, Design/Builder's costs for unloading and handlingon n the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Design/Builder on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 10.03 Unit Prices A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all of Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 23 the actual quantities and classifications of Unit Price Work performed by Design/Builder will be made by Owner. B. Each unit price will be deemed to include an amount considered by Design/Builder to be adequate to cover Design/Builder's overhead and profit for each separately identified item. C. Design/Builder or Owner may make a Claim for an adjustment in the Contract Price in accordance with Article 9 if: 1. the quantity of any item of Unit Price Work performed by Design/Builder differs materially significantly from the estimated quantity of such item indicated in the Contract Documents: 2 there is no corresponding adiustment with respect to any other item of Work; and 3. Design/Builder believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes it is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. D. Design/Builder acknowledges that Owner has the right to add or delete items of the Work or change quantities at Owner's sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the estimated quantity of the item. ARTICLE I I — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 11.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the Claim to the other party promptly in accordance with paragraph 9.03.A. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 10.03 • or 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.01.C.2); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.01.B.2 on the basis of the Cost of the Work (determined as provided in paragraph 10.01) plus a Design/Builder's Fee for overhead and profit (determined as provided in paragraph I1.0l.C). C. Design/Builder's Fee: The Design/Builder's fee for overhead and profit on Change Orders shall be determined as follows: 1. A mutually acceptable fixed fee of three percent; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of various portions of the Cost of the Work: a. For costs incurred under paragraphs 10.01.A.1.a and 10.01.A.2, the Design/Builder's fee shall be 44 three percent; b. For costs incurred under paragraph 10.0l.A.3 10.01.A.4, 10.01.A.5 and 10.0l.A.6, the Design/Builder's fee shall be €we three percent; C. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.01.C.1 and 11.01.C.2.a is that the Subcontractor who actually performs or furnishes Work, at whatever tier, will be paid a fee of44 three percent of the costs incurred by such Subcontractor under paragraphs 10.0l.A.1 and 10.0l.A.2 and that any higher tier Subcontractor and Design/Builder will each be paid a fee of to be negotiated in good faith with Owner but not to exceed five three percent of the amount paid to the next lower tier Subcontractor; d. The amount of credit to be allowed by Design/Builder to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Design/Builder's fee by an amount equal to €we three percent of such net decrease; and e. When both additions and credits are involved in any one change, the adjustment in Design/Builder's fee shall be computed on the basis of the net change in accordance with paragraphs I1.0l.C.2.a through I 1.0l.C.2.d, inclusive. f No fee shall be payable on the basis of costs itemized under paragraphs 10.0l.A.5, 10.01.A.6, or 10.01.B. 11.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order. Any Claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice pursuant to paragraph 9.03.A. EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 24 B. Delays Beyond Design/Builder's Control. Where Design/Builder is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of Design/Builder, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 11.02.A. Delays beyond the control of Design/Builder shall include, but not be limited to, acts or neglect by Owner, governmental agencies, acts or neglect of utility owners or other contractors performing other construction work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. C. If Owner or other contractor or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Design/Builder shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Design/Builder's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Design/Builder's ability to complete the Work within the Contract Times. D. If Design/Builder is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Design/Builder, then Design/Builder shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Design/Builder's ability to complete the Work within the Contract Times. Such an adjustment shall be Design/Builder's sole and exclusive remedy for the delays described in this Paragraph 11.02.C. E. Owner and Owner's Consultant shall not be liable to Design/Builder for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Design/Builder on or in connection with any other project or anticipated project. F. Design/Builder shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Design/Builder. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Design/Builder. ARTICLE 12 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION OR WORK 12.01 Notice of Defects A. Owner shall give Design/Builder prompt written notice of all defective Construction or Work of which Owner has actual knowledge. All defective Construction or Work may be rejected, corrected or accepted as provided in this Article 12. 12.02 Access to Construction A. Owner, Owner's Consultants, other representatives and personnel of Owner, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Site and the Construction at reasonable times for their observation, inspecting, and testing. Design/Builder shall provide them proper and safe conditions for such access and advise them of Design/Builder's Site safety procedures and programs so that they may comply therewith as applicable. 12.03 Tests and Inspections A. If the Contract Documents or Laws or Regulations of any public body having jurisdiction require any part of the `'^^Mier Work specifically to be inspected, tested or approved, DesignBuilder shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish Owner the required certificates of inspection or approval. Design/ Builder shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's acceptance of materials or equipment to be incorporated in the Work or of materials, mix designs, or equipment submitted for approval prior to Design/Builder's purchase thereof for incorporation in the Work. B. Design/Builder shall give Owner reasonable notice of the planned schedule for all required inspections, tests, or approvals. C. If any Construction (or the construction work of others) that is required to be inspected, tested, or approved is covered by Design/Builder without written concurrence of Owner, it must, if requested by Owner, be uncovered for observation at Design/Builder's expense unless Design/ Builder has given Owner timely notice of Design/Builder's intention to cover the same and Owner has not acted with reasonable promptness in response to such notice. D. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except (i) for inspections, tests, or approvals covered by paragraph 12.03.A above; (ii) costs incurred in connection with tests or inspections conducted pursuant to paragraph 12.04.13 below shall be paid as provided in said paragraph 12.04.13; and (iii) as otherwise specifically provided in the Contract Documents. 12.04 Uncovering Construction A. If any Construction is covered contrary to the written request of Owner, it must, if requested by Owner, be uncovered for Owner's observation and recovered at Design/Builder's expense. EJCDC D-700 Standard General Conditions of the Contract Between Owner arid Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 25 conditions in or relating to existing surface or subsurface structures at or contiguous to the Site which have been made available by OWNER. E. DESIGN/BUILDER is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. F. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. G. DESIGN/BUILDER has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies that DESIGN/BUILDER has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, and the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 11. ACCOUNTING RECORDS 11.0 DESIGN/BUILDER shall keep such full and detailed accounts as may be necessary for proper financial management under the Contract Documents with respect to all materials, equipment and labor entering into the Work. The accounting methods shall be satisfactory to OWNER. OWNER shall be afforded reasonable access to all of DESIGN/BUILDER's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to the Cost of Work and DESIGN/BUILDER's Fee. DESIGN/BUILDER shall preserve all such documents for a period of three years after final payment by OWNER. 12.01 The Contract Documents which comprise the entire agreement between OWNER and DESIGN/BUILDER concerning the Work consist of the following: A. This Agreement including all attachments. B. RFP No. 8106 Addenda numbers 1 through 1. C. OWNER's Request for Proposal No. 8106 - Fort Collins Utilities Vehicle Storage, excluding sample Design Build Agreement template, along with Conceptual Documents identified therein. D. DESIGN/BUILDER's IGMP Proposal Fort Collins Utilities Vehicle Storage Facility - Water Building Proposal in Response to OWNER's Request for Proposal No. 8106 - Fort Collins Utilities Vehicle Storage Buildings, excluding any terms and conditions conflicting with the terms and conditions set forth in this Agreement. E. DESIGN/BUILDER's IGMP Proposal Fort Collins Utilities Vehicle Storage Facility — Light and Power Building in Response to OWNER's Request for Proposal No. B. If Owner considers it necessary or advisable that covered Construction be observed by Owner or inspected or tested by others, Design/Builder, at Owner's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Owner may require, that portion of the Construction in question, furnishing all necessary labor, material and equipment. If it is found that such Construction is defective, Design/Builder shall pay all claims, costs losses and damages caused by, arising out of, or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. If, however, such Construction is not found to be defective, Design/Builder shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Design/Builder may make a Claim therefor as provided in Article 9. 12.05 Owner May Stop Construction or Work A. If Construction or Work is defective, or Design/Builder fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform Construction or Work in such a way that the completed EeAstwetiea Work will conform to the Contract Documents, Owner may order DesignBuilder to stop Construction or Work or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop Construction will not give rise to any duty on the part of Owner to exercise this right for the benefit of Design/Builder or any surety or other party. 12.06 Correction or Removal of Defective Construction or Work A. Owner will have authority to disapprove or reject defective Construction or Work and will have authority to require special inspection or testing of the Construction or Work whether or not the Construction or Work is fabricated, installed or completed. If required by Owner, Design/Builder shall promptly, as directed, either correct all defective Construction or Work, whether or not fabricated, installed or completed, or, if the Construction or Work has been rejected by Owner, remove it from the Site and replace it with non -defective Construction or Work. Design/Builder shall bear all direct, indirect, and consequential costs of such correction, replacement and/or removal (including but not limited to all claims, costs, losses and damages caused by, arising out of, or resulting from such correction, replacement, and/or removal, and fees and charges of engineers, architects, attorneys and other professionals and all court, arbitration, or other dispute resolution costs4 arising out of or relating to such correction or removal.) 12.07 Correction Period A. If within one year after the date of Substantial Completion of the entire Work or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Construction or Work is found to be defective, Design/Builder shall promptly, without cost to Owner and in accordance with Owner's written instructions, (i) correct such defective Construction or Work, or, if it has been rejected by Owner, remove it from the Site and replace it with Construction or Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Construction or Work or the work of others resulting therefrom. If Design/Builder does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Construction or Work corrected or the rejected Construction or Work removed and replaced, and all claims, costs, losses, and damages caused by, arising out of, or resulting from such removal and replacement (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by Design/Builder. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Conceptual Documents. C. Where defective Construction or Work and damage to other Construction or Work resulting therefrom) has been corrected, removed or replaced under this paragraph 12.07, the correction period hereunder with respect to such Construction or Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 12.08 Acceptance of Defective Construction or Work A. If, instead of requiring correction or removal and replacement of defective Construction or Work, Owner prefers to accept it, Owner may do so. Design/Builder shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Construction or Work. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price reflecting the diminished value of the Construction or Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. If the EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 26 acceptance occurs after final payment, an appropriate amount will be paid by Design/Builder to Owner. 12.09 Owner May Correct Defective Construction or Work A. If Design/Builder fails within a reasonable time after written notice from Owner to correct defective Construction or Work or to remove and replace rejected Construction or Work as required by Owner in accordance with paragraphs 12.06.A or 12.07.A, or if Design/Builder fails to perform the Construction or Work in accordance with the Contract Documents, or if Design/Builder fails to comply with any other provision of the Contract Documents, Owner may, after seven days' written notice to Design/Builder, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph 12.09 Owner shall proceed expeditiously. In connection with such corrective and remedial action, Owner may exclude Design/Builder from all or part of the Site, take possession of all or part of the Construction or Work, and suspend Design/Builder's services related thereto, take possession of Design/130der's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Construction or Work all materials and equipment stored at the Site or for which Owner has paid Design/Builder but which are stored elsewhere. Design/Builder shall allow Owner, Owner's Consultant, Owner's representatives, agents, employees, and other contractors access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages (included but not limited to fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs and all costs of repair or replacement of work of others) incurred or sustained by Owner in exercising such rights and remedies under this paragraph 12.09 will be charged against Design/Builder and a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price. Ifthe parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. D. Design/Builder shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this paragraph 12.09. 12.10 No limitation A. Nothing contained in this Article 12 shall be construed to establish a period of limitation with respect to other obligations which the Design/Builder might have under the Contract Documents. Establishment of the time period of one year as described in Section 12.07 relates only to the specific obligation of the Design/Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder's liability with respect to the Design/Builder's obligations other than specifically to correct the Work. ARTICLE 13 — PAYMENTS TO DESIGNBUILDER AND COMPLETION 13.01 Schedule of Values A. The Schedule of Values established as provided in paragraph 2.06.A will serve as the basis for progress payments. Progress payments on account of Unit Price Work will be based on the number of units completed. 13.02 Application for Progress Payment A. On or about the date established in the Agreement for submission of each application for progress payment (but not more often than once a month), Design/Builder shall submit to Owner for review an Application for Payment filled out and signed by Design/Builder covering the Work completed as of the date indicated on the Application and accompanied by supporting documentation as required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance provided by Design/Builder and other arrangements to protect Owner's interest therein, all of which will be satisfactory to Owner. B. Beginning with the second Application for Payment, each Application shall include an affidavit of Design/Builder stating that all previous progress payments received on account of the Work have been applied on account to discharge Design/Builder's legitimate obligations associated with prior Applications for Payment. C. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. D. Any funds that are withheld by Owner shall not be subject to substitution by Design/Builder with securities or any arrangements involving an escrow or custodianship. By executing the Application for Payment form, Design/Builder expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, et seq. 13.03 Review of Applications for Progress Payments A. Procedure. Progress payments shall be made by the Owner to the Design/Builder according to the following procedure: 1. Owner will, within ten days of receipt of each Application for Payment, either indicate in writing its EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of fort Collins modifications dated 09/2004 27 acceptance of the Application and state that the Application is being processed for payment, or return the Application to Design/Builder indicating in writing its reasons for refusing to accept the Application. Not more than thirty days after accepting such Application the amount will become due and when due will be paid by Owner to Design/Builder. 2. If Owner should fail to pay Design/Builder at the time the payment of any amount becomes due, except as provided in paragraph 13.03.13 and as otherwise provided in the Contract Documents, then Design/Builder may, at any time thereafter, upon serving written notice that he will stop the Work within seven days after receipt of the notice by Owner, and after such seven day period, stop the Work until payment of the amount owing has been received. Written notice shall be deemed to have been duly served if sent by certified mail to the last known business address of Owner. 3. Payments due but unpaid shall bear interest at the rate specified in the Agreement. 4. No Progress Payment nor any partial or entire use or occupancy of the Project by Owner shall constitute an acceptance of any Work not in accordance with the Contract Documents. B. Reduction in or Refusal to Make Payment. Owner may refuse to make the whole or any part of any such payment, or because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any previous payment, to the extent that is reasonably necessary to protect Owner from loss because: 1. the Construction or Work is defective, or completed Construction or Work has been damaged requiring correction or replacement; or 2. the Contract Price has been reduced by Change Order; or 3. Owner has been required to correct defective Construction or complete Work in accordance with paragraph 12.09.A. or 4. Owner has actual knowledge of the occurrence of any of the events enumerated in paragraphs 13.03.B.I through 13.03.B.3 inclusive, or paragraphs 14.02.A.1 through 14.02.A.3 inclusive, or 5. Claims have been made against Owner on account of Design/Builder's performance or furnishing of the Work; or 6. Liens have been filed in connection with the Work, except where Design/Builder has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or 7. There are other items entitling Owner to a set off against the amount for which application is made. C. If Owner refuses to make payment of the full amount requested by Design/Builder, Owner must give Design/Builder immediate written notice stating the reasons for such action and promptly pay Design/Builder any amount remaining after deduction of the amount withheld. Owner shall promptly pay Design/Builder the amount withheld or any adjustment thereto agreed to when Design/Builder corrects to Owner's satisfaction the reason for such action. 13.04 DesignBuilder'sWarranty ofTitle A. Design/Builder warrants and guarantees that title to all Construction, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 13.05 Substantial Completion A. When Design/Builder considers the Work ready for its intended use Design/Builder shall notify Owner in writing that the Work is substantially complete (except for items specifically listed by Design/Builder as incomplete) and request that Owner issue a certificate of Substantial Completion. Promptly thereafter, Owner and Design/Builder shall make an inspection of the Work to determine the status of completion. If Owner does not consider the Work substantially complete, Owner will notify Design/Builder in writing giving the reasons therefor. If Owner considers the Work substantially complete, Owner will prepare and deliver to Design/Builder a certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a list of items to be completed or corrected before final payment. At the time of delivery of the certificate of Substantial Completion Owner will deliver to Design/Builder a written determination as to division of responsibilities pending final payment between Owner and Design/Builder with respect to security, operation, safety, protection of Construction, maintenance, heat, utilities, insurance and warranties and guarantees. B. Owner will have the right to exclude Design/Builder from the Site after the date of Substantial Completion, but Owner will allow Design/Builder reasonable access to complete or correct items on the list of items to be completed. 13.06 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Construction which (i) has specifically been identified in the Contract Documents, or (ii) Owner and Design/Builder agree constitute a separately functioning and usable part of the Construction that can be used by Owner for its intended purpose without significant interference with Design/ Builder's performance of the remainder of the Construction, subject to the following: L Owner at any time may request Design/Builder in writing to permit Owner to use or occupy any such part of the Construction which Owner believes to be ready for its intended use and substantially complete. If EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 28 Design/Builder agrees that such part of the Work is substantially complete. Design/Builder will certify to Owner that such part of the Construction is substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Construction. DesignBuilder at any time may notify Owner in writing that Design/Builder considers any such part of the Work ready for its intended use and substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, Owner and Design/Builder shall make an inspection of that part of the Work to determine its status of completion. If Owner does not consider that part of the Work to be substantially complete, Owner will notify Design/Builder in writing giving the reasons therefor. If Owner considers that part of the Work to be substantially complete, the provisions of paragraph 13.05 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No use or occupancy of part of the Construction will be accomplished prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 13.07 Final Inspection A. Upon written notice from Design/Builder that the entire Work or an agreed portion thereof is complete, Owner will make a final inspection with Design/Builder and will notify Design/Builder in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Design/Builder shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 13.08 Final Payment A. Application for Payment. 1. After Design/Builder has completed all such corrections to the satisfaction of Owner and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance, certificates of inspection, record documents (as provided in para:iraph 6.12) and other documents, Design/Builder may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (unless previously delivered) by: (i) all documentation called for in the Contract Documents, includine but not limited to the evidence of insurance required by paragraph 5.04.13.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. 3. In lieu of such releases or waivers of Liens specified in paragraph 13.08.A.2 and as approved by Owner, Design/Builder may furnish receipts or releases in full and an affidavit of Design/Builder that: (j) the releases and receipts include all labor, services, material and eec uiriment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Design/Builder may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 4. Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the Owner's standard forms bound in the Project manual. B. Final Payment and Acceptance. If Owner is satisfied that the Work has been completed and Design/Builder's other obligations under the Contract Documents have been fulfilled, Owner will, within ten days after receipt of the final Application for Payment, give written notice to Design/Builder that the Work is acceptable. Otherwise, Owner will return the Application to Design/Builder, indicating in writing the reasons for refusing to process final payment, in which case Design/Builder shall make the necessary corrections and resubmit the Application. C. Payment Becomes Due. Thirty days after the presentation to Owner of the acceptable Application and accompanying documentation, in appropriate form and substance and with Owner's notice of acceptability, the'amount will become due and will be paid by Owner to Design/Builder, subject to paragraph 16.05.A.I and 16.05 A.2 of these General Conditions. 13.09 Final Completion Delayed A. If, through no fault of Design/Builder, final completion of the Work is significantly delayed, Owner shall, upon receipt of Design/Builder's final Application for Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01.A, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Design/Builder to Owner with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 13.10 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. A waiver of all Claims by Owner against Design/Builder, except Claims arising from unsettled EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright C2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 29 Liens, from defective Construction appearing after final inspection pursuant to paragraph 13.07, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Design/Builder's continuing obligations under the Contract Documents: and 2. A waiver of all Claims by Design/Builder against Owner other than those previously made in writing and still unsettled. ARTICLE 14 — SUSPENSION OF WORK AND TERMINATION 14.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 days by notice in writing to Design/Builder which will fix the date on which Work will be resumed. Design/Builder shall resume the Work on the date so fixed. Design/Builder shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Design/Builder makes a Claim therefor as provided in Article 9. 14.02 Owner May Terminate for A. Upon Tthe occurrence of any one or more of the following eventsjustifies Owner may terminate this Agreement as provided herein: 1. Design/Builder's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under oaragraph 2.06.A as adiusted from time to time ursuantto paragraph 6.05 2. Design/Builders disregard of Laws or Regulations of any public body having jurisdiction. 3. Design/Builder's violation in any substantial way of provisions of the Contract Documents. B. If one or more of the events identified in paragraph 14.02.A occur, Owner may, after giving Design/Builder (and the surety, if any) seven days' written notice, terminate the services of Design/Builder, take possession of any completed Drawings and Specifications prepared by or for Design/Builder (subject to the indemnification provisions of paragraph 3.05.A), exclude Design/Builder from the Site, and take possession of the Work and of all Design/Builder's tools, appliances, construction equipment and machinery at the Site and use the same to the full extent they could be used by Design/Builder (without liability to Design/Builder for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Design/Builder but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Design/Builder shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by Owner arising out of or resulting from completing the Work (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) such excess will be paid to Design/Builder. If such claims, costs, losses and damages exceed such unpaid balance, Design/Builder shall pay the difference to Owner. Such claims, costs, losses and damages incurred by Owner will be incorporated in a Change Order. When exercising any rights or remedies under this paragraph Owner shall not be required to obtain the lowest price for the Work performed. C. Notwithstanding paragraph 14.02.B, Design/ Builder's services will not be terminated if Design/Builder begins, within seven days of receipt of notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Design/Builder's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Design/Builder then existing or which may thereafter accrue. Any retention or payment of moneys due Design/Builder by Owner will not release Design/Builder from liability. 14.03 Owner May Terminate for Convenience A. Upon seven days' written notice to DesignBuilder, Owner may, without cause and without prejudice to any other right or remedy of Owner, elect to terminate the Contract. In such case, Design/Builder shall be paid (without duplication of any items) for: I. Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. Expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such exyenses: and 3. Amounts paid in settlement of terminated contracts with Subcontractors, Suppliers and others (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs incurred in connection with termination of contracts with Subcontractors, Suppliers and others): and 4. Reasonable expenses directly attributable to termination. B. Except as provided in paragraph 14.03.C, Design/Builder shall not be paid on account of loss of EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 30 anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 14.04 Design/Builder May Stop Work or Terminate A. If, through no act or fault of Design/Builder, the Work is suspended for a period of more than 90 days by Owner or under an order of court or other public authority, or Owner fails to act on any Application for Payment within thirty days after it is submitted or Owner fails for thirty days to pay Design/Builder any sum finally determined to be due, then Design/Builder may, upon seven days' written notice to Owner, and provided Owner does not remedy such suspension or failure within that time, terminate the Agreement and recover from Owner payment on the same terms as provided in paragraph 14.03.A. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if Owner has failed for 30 days to pay Design/Builder any sum finally determined to be due, Design/Builder may upon seven days' written notice to Owner stop the Work until payment is made of all such amounts due Design/Builder, including interest thereon. The provisions of this paragraph 14.04.A are not intended to preclude Design/Builder from making Claim under Article 9 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Design/Builder's stopping Work as permitted by this paragraph. ARTICLE 15 — DISPUTE RESOLUTION 15.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no such method and procedure has been set forth, Owner and Design/Builder may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 16—MISCELLANEOUS 16.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by certified mail, postage prepaid, to the last business address known to the giver of the notice. 16.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 16.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by: I . Laws or Regulations, or 2. any special warranty or guarantee: or 3. other provisions of the Contract Documents. B. The provisions of paragraph 16.03.A will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 16.04 Survival of Obligations A. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Contract. 16.05 Controlling Law -APPOrdARAR With ,1 r ... CA ..I e �.t a D.,.:eet The laws of the State of Colorado shall apply to this Agreement, including but not limited to the following pertinent Colorado statutes: 1. Colorado Revised Statutes (CRS 8-17-101) requires that Colorado labor be employed to perform the work to the extent of not less than 80 percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed on the project. Colorado labor means any person who is a bona fide resident of the State of Colorado at the time of employment, without discrimination as to race, color, creed, age, religion or sex. 2. If a claim is filed, Owner is required by law (CRS 38-26-107) to withhold from all payments to Design/Builder sufficient funds to insure the payment of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by Design/Builder or his Subcontractors in or about the performance of the work. Such funds must be withheld until said claims have been paid or such claims as filed have been withdrawn, such payment or withdrawn to be evidenced by filing with Owner a receipt in full or an order for withdrawal in writing and signed by the person filing such a claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than ninety (90) days following the date fixed for final settlement, as published in a public newspaper in accordance EJCDC D-700 Standard General Conditions of the Contract Between owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 31 with the law, unless an action is commenced within that time to enforce such unpaid claim and a notice of lis pendens is filled with the Owner. At the expiration of such ninety (90) day period, Owner shall pay to Design/Builder such moneys and funds as are not the subject of suit and lis pendens notices, and shall retain only sufficient funds to insure the payment of judgments which may result from the suit. EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright ©2002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 32 City of Fort Collins Purchasing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of RFP 8105: Fort Collins Vehicle Storage Facilities - Step 2 OPENING DATE: PM (Our Clock) , 20 Financial Services Purchasing Division 215 N. Mason St. 2"' Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: 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. Addendum 1 Page 1 of 9 �I y SECTION 00800 SUPPLEMENTARY CONDITIONS SC-4 DiffeFing Site Conditions Subsurface and Physical Conditions ADD the following language in Section 4, Paragraph A.1, Subsurface Conditions: ADD the following language in Section 4, Paragraph A.2.a. Physical Conditions: SC-5 Bonds and Insurance ADD the following language in Section 5.03 Paragraph A.1 Certificates of Insurance Additional Insureds: The City of Fort Collins, Colorado 80522 ADD the following language in Section 5.04 Paragraph C Design/Builder's Professional Liability Errors & Omissions Insurance: Design/Builder or the Project architect Subcontracted by the Design/Builder shall purchase and maintain such Professional Liability Errors & Omissions insurance as is appropriate for the Work and Design Builder's other obligations under the Contract Documents, whether it is to be performed or furnished by Design/Builder, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. In the event the Project architect purchases and maintains such Professional Liability Errors & Omissions insurance for the Work, the City of Fort Collins shall be named a third party beneficiary in the contract established between the Design/Builder and Project architect for the Work. In addition such Errors & Omissions insurance to be carried by the Project architect must provide coverage for breach of contract claims for economic loss resulting from professional negligence. As a condition of the Contract, the City shall have the right to review Project architect's Errors & Omissions insurance policy. Such coverage shall be maintained for a minimum period of two (2) years from the date of final payment by the City. ADD the following language in Section 5.06 Paragraph A.1 Builders Risk Insurance Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Construction at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws or Regulations). Desian/Builder shall be responsible for the first $10,000 of anv insurable loss under this policy SC-8 Changes in Work ADD the following Paragraph to ARTICLE 8, Paragraph 8.05.E 8.05.E Resident Project Representative The Resident Project Representative deals in matters pertaining to the work. Any such dealings will be with or through the Design/Builder. Dealings with subcontractors will only be through or with the full knowledge and approval of the Design/Builder. C� \'�0.\� Duties and Responsibilities of the Resident Project Representative are: Attend meetings with the Design/Builder such as preconstruction conferences, progress meetings and other job conferences. Serve as Owners liaison with Design/Builder working principally through Design/Builders superintendent to assist the Design/Builder in obtaining from OWNER additional details or information, when required, for proper execution of the Work. Advise the Design/Builder of the commencement of any Work pertaining to a Shop Drawing, data, or sample submission which does not meet the Contract Documents. Conduct on -site observations of the Work in progress in determining that the Work is proceeding in accordance with the Contract Documents. Report to the Design/Builders superintendent whenever the Resident Project Representative believes that the Work is unsatisfactory, faulty or defective, does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made; and advise the Owners Representative and Design/Builder when he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project. Consider and evaluate Design/Builder suggestions for modification in Drawings or Specifications and report these recommendations to Owners Representative. Maintain at the Resident Project Representative office orderly files concerning correspondence, reports of job conferences, Shop Drawings, data, and samples, reproductions or original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional drawings issued subsequent to the execution of the Agreement, Design/Builder clarifications and interpretations of the Contract Documents, progress reports and other project documents. Keep a diary, daily report form, or log book, recording hours on the job site, weather conditions, data relative to questions of work directive changes, Change Orders, or changed conditions, list of job site visitors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Report immediately to Owners Representative the occurrence of any accident. Review application for payment with Design/Builder for compliance with the established procedure for their submission and will submit to the Owners Representative. 8106 - Fort Collins Utilities Vehicle Storage Buildings, excluding any terms and conditions conflicting with the terms and conditions set forth in this Agreement. F. The following, which may be delivered, prepared or issued after the Effective Date of this Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04.A of the General Conditions. 12.02 The documents listed in paragraph 12.01 above are attached to this Agreement (except as otherwise expressly noted). 12.03 There are no Contract Documents other than those listed above in this Article 12. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04.A of the General Conditions. 12.04 Ih the case of 'arty 'irreconcilable ambiguity, inconsistency or conflict between DESIGN/BUILDER's, Proposals (Sections 12.01.D and 12.01.E) and the Request for Propos2l (Section 12'01.8 and 12.01.C), the terms of the DESIGN/BUILDER's Proposals (Sections 12.01.D and 12.01.E) shall be controlling. Article 13. MISCELLANEOUS 13.01 The Standard General Conditions of the Contract Between Owner and Design/Builder are referred to herein as the General Conditions. 13.02. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated therein. 13.03 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 13.04 OWNER and DESIGN/BUILDER each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 13.05. Any provision or part of*the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and DESIGN/BUILDER, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Conduct final inspection with the Design/Builder and Owners Representative observe that all items on the final inspection list have been corrected or completed and make recommendations to Owners Representative concerning acceptance. The Resident Project Representative shall not: Authorize any deviations from the Contract Documents or accept any substitute materials or equipment. Exceed limitations of Resident Project Representative authority as set forth in the Contract Documents. Undertake any of the responsibilities of the Design/Builder, Subcontractors, or Design/Builders superintendent. Advise on, or issue directions relative to, or assume control over A any aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. Advise on or issue directions regarding or assume control over safety precautions and programs in connection with the Work. Accept Shop Drawings, data, or samples submittals from anyone other than the Design/Builder. EXHIBIT 1 — QUESTIONS & ANSWERS Both Buildings Confirm LEED-Gold (required) Certification vs. 'designed' to LEED-Gold standards. (See Consultant commentary below). It is the policy of the City of Fort Collins that all new buildings and major renovations earn enough credits using the US Green Building Council's (USGBC) LEED Green Building Rating System to earn a minimum "Gold" certification with the desire to achieve "Platinum" certification. If the project qualifies for LEED certification then the City will want to seek certification. 2. Confirm Building areas - L&P 160' X 65' = 10,400 sf., (RFP states 10 Ksf.) ; Water 160' X 35 = 5,600 sf. ( RFP states 5 Ksf.) Approximately 10K and 5K square feet. 3. In the RFP, Page 5, Section 4 — Design/Build Selection Process, Step II, part a.'Conceptual Site Plan (CSP1), prepared by City of Fort Collins, dated 3/10/15' is said to be provided by the City of Fort Collins. We have received a Geotechnical Report, and Civil plans dated May 2005, but do not have the Conceptual Site Plan. Can you please provide? We do not have an accurate conceptual site plan. The conceptual site plan we have is from previous iterations when we were considering two buildings on that site. John and I determined that it is no longer applicable and thus we just shared the civil plans. 4. In the Standard General Conditions of the Contract, Page 12, section 5.02C call for a $5M professional liability Errors & Omissions policy. However, it appears that on past projects, the City has requested Professional Liability E&O policy of $1 M (and per the City's website —'Insurance Requirements (PDF)'). Could you please verify that a $5M policy is required for the design/builder for this project? The City requires Errors and Omissions policy of $5 Million. 5. In consideration of the amount of deliverables due for this project on June 11th, and that this proposal is to include a GMP. Would it be feasible to extend the due date one week so that we may be able to provide a comprehensive proposal? Yes we will extend the due date for proposals to June 24th, 2015. 6. Will site lighting provided from wall packs on the buildings be sufficient. or will we need to consider additional site lighting to meet a foot-candle minimum requirement for site access/safety. Full cut-off wall packs will be sufficient. 7. In your request for a serviceable building life of 30+ years, what is the City's preference for metal roof type? We can provide a standard 'PBR' panel roof, or standing seam panels. Standing seam roofs required Addendum 1 Page 2 of 9 8. Please clarify if there is a page limit for proposal submittal. 25 hard copy pages double sided or 50 digital pages 9. In addition to the five (5) hard copies of the proposal, does the City of Fort Collins require an electronic copy as well? Is it possible to only submit the electronic copy by itself with no hard copies? Electronic copy is preferred, if so no hard copies are needed. 10. Reference Chapter 4- Special Interfaces, part 7 Communication Work indicates that Security for the facility will be the responsibility of the design/build team. Please provide a narrative of the security required at each building. Security system will include FOB access control on exterior doors only. No security cameras inside or out. In addition, Communication and Security cabling and associated equipment will be installed by City of Fort Collins. D/B Contractor to provide raceways only for these items. 11. The current documentation regarding the "River District" appears to provide design criteria and suggestions regarding building/renovating in a higher density urban area that is not where the project is located. Please provide further information/direction on what is intended for "meet the required architectural criteria of the River District" as noted in the RFP. The project is not located in the "River District' and therefore, the design criteria is not applicable. 12. Are there updated "River District" criteria (than what is currently on the City's website). The project is not located in the "River District' and therefore, the design criteria is not applicable. 13. What is intended/planned for artistic elements for this project, specifically regarding the "Art in Public Places" Chapter 4 Special Interfaces as noted in the RFP? The Art in Public Places Program works with Utilities to place the art projects at sites accessible to the public. The APP funds for this project will be moved to another Utility site. 14. What type of vehicles will be stored in these buildings? The L&P building at 700 Wood will store heavy truck equipment including up to two ton service trucks. The Water structure will store heavy truck equipment, tandem dump trucks, loaders, backhoes, 40K — 50K pounds. 15. What type of parking is required around the buildings? How many stalls? Size? No additional parking required at either site. 16. Is any landscaping required at either building? No landscaping is desired, but this will need to be confirmed with planning and zoning. Addendum 1 Page 3 of 9 17. What is the anticipated start date for this project? This will depend on the planning process and timeline. 18. Is this project tax exempt? Yes the project is tax exempt. 19. What is the extent of the site lighting around both facilities? No additional site lighting required. Full cut-off wall packs on building only. 20. Describe the building usage for each building. What type of maintenance? Truck washing, oil change, tire shop, etc? L&P— truck parking only, no service Water— truck and equipment parking only 21. Confirm any specific vehicle slab loading requirements. 6" reinforced concrete slab required 22. Will the Design -Build Team have an opportunity for a Design interview/Charette with Staff, prior to a final design/pricing? No 23. Confirm the City Planning Review Process - Our initial discussions with Staff suggest that the River District Criteria does not apply to this site/project but is in the E-Employment District and portions currently included in the Services Center PUD zone. The project is not in the "River District". The City Planning Review Process will be: 1. Minor Amendment 2. Post the property 3. A.P.O. mailing 4. Neighborhood Meeting 24. Confirm any exterior building/site lighting requirements. No additional site lighting. Full cut-off wall packs on building only. 25. Provide any required Basis of Design or Outline Specifications, minimum standards other than Code & LEED related, not already provided. Please refer to the City's Building Design and Construction standards. hitp://ryrvx+. fed ov. com/opserv/design-stasrdards.php 26. Confirm any vehicle maintenance requirements. None Addendum 1 Page 4 of 9 27. Are there any exterior heated slab requirements? No. 28. Confirm water, hose bibb, compressed air or other services for either or both facilities. No water in Water facility because not heated. No compressed air. 29. Confirm providing a single 'wet' fire protection system for the 700 - L&P building, no fire system required for the 701 - Water structure. Correct 30. Confirm extent of any landscape and irrigation systems. None desired, but need to confirm with planning and zoning. 31. L&P will be LEED Gold but not the Water Facility. Do we need to expect the Water Facility will need to follow LEED standards even if not certified? No. 32. What Low Impact Development measures would be expected? Pervious Pavers, modify existing detention ponds, other? None anticipated on L&P building because no new impervious. However, extent of LID on water facility will depend on planning and zoning requirements. 33. Are there any known drainage problem areas that might need to be remedied as part of these projects? No current drainage problems. 34. Required pavement materials (ie. reinforced concrete) and design criteria? Any variations from the west gravel site vs. the south parking lot areas? 6" concrete slab interior and exterior 35. Define Scope of site development, envelope limits, area outside the building? Site is the boundary of what is needed to complete the project. Includes location of Utility tie-ins. L&P Building at 700 Wood Street 36. 700 - L&P building, confirm any hot water needs, drinking fountain, Restroom or other facilities needs? No hot water needed. Eye wash station only. 37. Please provide brief description of daily activities that will take place in building 700. (Question as to whether ventilation (exhaust) is required - if no people, then not required, but will there be someone in there for more than 15 minutes at times?) Someone may be in there for more than 15 minutes, however vehicles will not be running. Strictly vehicle storage. Addendum 1 Page 5 of 9 38. Confirm any electrical equipment loads/requirements, 3 phase power required, minimum electrical panel sizing requirements. Confirm any security, camera/AV or IT requirements. 3 phase power 39. What is the City's preferred type of trench drain system for use at the Light & Power building? French Drain. Will need to have oil and sand separator. 40. Will there be any office space, bathrooms, or interior partitions required for the Light & Power building programming as indicated on page 19, part 2, item I of Step II in the RFP? No restrooms or office space required, but an eyewash station will be required. 41. Does the City have a program established for internal spaces? If so, can you share? No we do not have a program for internal spaces. The L&P Facility is just open parking for vehicles. 42. The size of the building as noted in the RFP does not appear to allow for internal spaces such as a conference room, break room, toilet room, public circulation, etc. that is referenced to be included in the concept plans per Step II, item 2L. Please clarify. No internal conference, break room and bathroom spaces needed. 43. Confirm you intend to have this building "LEED Gold Certified"/USGBC certification process? Yes, if possible. 44. LEED certification requires the building to be occupied. Therefore, how many full-time occupants are anticipated? Zero to one full-time occupant. 45. Depending on how many full-time occupants, do you have any additional requirements for toilet facilities (such as a shower, number of toilet rooms/toilets, lockers etc.) beyond the requirements indicated in the Plumbing Code? No. The building will be within 500 feet of restrooms so none required for this building. 46. Are any vehicle repair operations planned to be conducted inside the building? Will there be hydraulic or other style lifts used inside the building? Will there be any welding done inside the building? No. 47. Are there any hazardous materials to be stored in the building? If so, please identify what and the quantity? No. Addendum 1 Page 6 of 9 48. Do you have a percentage or other metric for how much electric power is to be offset with the photovoltaic panels/system? No. We desire to work toward Net Zero Energy for the building as is feasible within the project. 49. Are thereto be provisions for washing vehicles in this building? No. 50. Is the City still providing Energy Modeling and a Commissioning agent? Yes the City will contract for Energy Modeling and Building Commissioning. 51. What is planned for "Special Vehicle Equipment" as noted in Chapter 4, Special Interfaces? Fork lifts, scissor lifts, etc. 52. The RFP calls for radiant heating. Does the City have a preference regarding what type? In floor radiant heat or overhead infrared radiant tube heaters? The City's preference is in floor radiant heat. 53. Would the City entertain other sources of heating such as a ground source heat pump? Yes. 54. Is any cooling required? No. 55. If there is no restroom, is there a need for water to the building? Wall hydrants? Sinks? Eye wash stations? Yes, we want water to the building, wall hydrants, and eye wash stations. 56. The RFP calls for a "thermally comfortable environment" and also calls for simply radiant heat to maintain 50°F. Thermal comfort in LEED terms refers to human comfort and compliance with ASHRAE 55. Is the requirement for -human comfort or 50°F? 50OF 57. Are there any special charging requirements for batteries in the space? No. 58. Are receptacles for block heaters required? Not in L&P building, but 20 amp receptacles desired in Water structure. 59. Is an air compressor going to be required? No, but we want at least one 220v outlet. 60. Is there additional area available for additional PV's? Yes, if necessary. Addendum 1 Page 7 of 9 61. CNG or LNG: Will there be Compressed Natural Gas maintenance or storage of CNG vehicles in this facility? Yes, CNG vehicles may be stored in both facilities. 62. Is CO2 mitigation required? Yes, exhaust fan. 63. Floor Drainage: Is there area floor drains or trench drains? Will they tie into a sand/oil interceptor? Trench drains tied into sand/oil interceptor 64. How many hose bibs will be required inside the building? Outside the building? Two each 65. How far away from the garage doors should the snow melt system extend? No exterior snow melt outside overhead door required. However, a few feet outside walk through doors is desired. 66. Is a generator required for emergency power for this facility? No. 67. Is there any requirement for truck charging stations on the site? No 68. Confirm the 700 - L&P radiant heating requirement, in -floor water, overhead gas tube or other. Radiant floor 69. Will the city require a vehicle exhaust system in building 700? Exhaust fan Water Building at 701 Wood Street 70. Will the city require a concrete slab and or trench drain system for building 701? Yes concrete slab. 71. Will the city require a full foundation system on building 701? Yes 72. Are there any hazardous materials to be stored in the building? If so, please identify what and the quantity? No. 73. Do you have a percentage or other metric for how much electric power is to be offset with the photovoltaic panels/system? No, as much as possible for roof area. Addendum 1 Page 8 of 9 74. Is lighting required in this building? Yes, overhead lighting will be required. 75. Are there any special charging requirements for batteries in the space? Not sure what this questions relates to. If hybrid charging stations, then yes if within budget. If referring to battery storage and associated special construction, then no. 76. Are receptacles for block heaters required? Yes. 77. Confirm that the low side of the building will be open to the elements. Is it possible to have the high side be open to the elements instead of the low side for depending on the orientation of the building on the site? Low side to the west is preferred. Addendum 1 Page 9 of 9 Financial Services City of Purchasing Division Mason Floor Fort Collins PO Box 580 Fort CCO 052522 For Collins,8 000,�970.221.6775 PU fCil aSl tlg 970.221.6707 fcgov.com/purchasrng REQUEST FOR PROPOSAL 8106 FORT COLLINS UTILITIES VEHICLE STORAGE FACILITIES The City of Fort Collins is seeking qualifications and the best possible combination of design and building construction services for the design and construction of two new Utility Vehicle Storage Facilities. Proposing teams or members must have experience on Pre Engineered Metal Building (PEMB), Vehicle Storage Facilities projects of similar size and must also have experience on design -build projects within the last five years. As part of the City's commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing()fcgov.com. If electing to submit hard copy proposals instead, nine (9) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), April 30, 2015 and referenced as Proposal No. 8106. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City's policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. A pre -proposal meeting will be held at 10:00 AM on April 15, 2015 in the Poudre Conference Room located at the Fort Collins Utilities Service Building, 700 Wood Street, Fort Collins. No individual meetings with any prospective proposers will be held. Questions concerning the scope of the bid should be directed to Project Manager, Chad Mapp, at cmapp@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com. All questions must be submitted in writing via email to Chad Mapp , with a copy to John Stephen, no later than 5:00 PM our clock on April 22, 2015. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in 13.06 The Contract Documents shall constitute public records under the Colorado Public Records Act, and shall be available for public review upon request, except for the Audited Financial Statement of DESIGN/BUILDER included in DESIGN/BUILDER'S Proposal. IN WITNESS WHEREOF, OWNER and DESIGN/BUILDER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and DESIGN/BUILDER. All portions of the Contract Documents have been signed, initiated or identified by OWNER and DESIGN/BUILDER. OWNER: CITE OF 0 Darin By: / 1 Gerry PauY Purchasing Director Date: ?,(J S r COLLINS DESIGN/BUILDER: ELDER CO TRUCTION 7 Zr�;4�� By: nager Printed:�/ikv�tfapikev Eldzl� Title: V ICs prl& �C ht Date: �� 1 a 1 Zdi r GOJAS t r; APPROVED AS TO F�gRM: t ,5L Assistant City Attorney 7 TTEST Corporat Secre Address forgiving notices: ATTEST: City Clerk City Clerk Address for giving PO Box 580 Fort Collins, CO 80522 A License No. cu vi1jY Mf. u (If DESIGN/BUILDER is a corporation, attach evidence of authority to sign.) their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City's Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization's philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City's standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Director of Purchasing & Risk Management TABLE OF CONTENTS CHAPTER 1 - GENERAL INFORMATION..................................................................................4 CHAPTER 2 - OBJECTIVES.......................................................................................................6 CHAPTER 3 - PROFESSIONAL SERVICES.............................................................................10 CHAPTER4 - SPECIAL INTERFACES.....................................................................................12 CHAPTER 5 - QUALIFICATION REQUIREMENTS..................................................................12 CHAPTER 6 - PROPOSAL EVALUATION CRITERIA..............................................................15 CHAPTER7 -AGREEMENT......................................................................................................22 CHAPTER 1 — GENERAL INFORMATION 1. GENERAL The City of Fort Collins Utilities is seeking qualifications and the best possible combination of design and building construction services for the design and construction of two vehicle storage facilities. One building for Light and Power crews and the other building for Water crews. A. Light & Power Facility: 65' x 160' Located at 700 Wood Street The building will be a 6-bay conditioned vehicle storage building with an area of approximately 10,000 gross square feet and a height of approximately 26' at the highest roof point. It will contain 12 total 22' wide by 12' high overhead garage doors, 6 on the south and 6 on the north side and it will include radiant heating to maintain a temperature adequate for melting snow and ice from vehicles (50 degrees F). It will be a single sloped roof, PEMB and will include active solar photovoltaic (PV) panels on the roof. The building will be clad with architectural steel insulated wall and roof panels. The base of the building up to 24" high in areas that do not contain overhead garage doors will be formed concrete. Aesthetically, the building will meet the required architectural criteria of the River District. Clerestory translucent panels on the north side of the structure will allow natural light. There will be 4' roof overhangs at the south eave (low roof side) to mitigate solar heat gain. The building will be designed to meet LEED Gold standards. B. Water Facility: 35' x 160' Located at 701 Wood Street The building will be a 6-bay unconditioned vehicle storage shelter with an area of approximately 5,000 gross square feet and a height of approximately 21' at the highest roof point. It will be enclosed on three sides, but open to the elements on the low side where the bays are for trucks entering. It will be a single sloped PEMB and will include active solar photovoltaic (PV) panels on its roof. The building will be clad with architectural steel wall and roof panels. Aesthetically, the shelter will meet the required architectural criteria of the River District. There will be 4' roof overhangs at the east eave (low roof side) to mitigate moisture from entering the building. 2. REQUIREMENTS The City desires the best possible combination of design and building construction services for the project. The successful team will be responsible for ALL disciplines required for the design, engineering, cost estimating, and construction services necessary for completion of the project from conceptual design through project close-out. The successful team will be responsible for meeting all state and local licensing requirements in the design and construction of the facility. The standards referenced and included in this RFP are intended to establish the expectations the City has for this project regarding quality of materials, workmanship and performance. 3. TEAM BUILDING The City desires a successful project for everyone involved. The City would like to create an environment where trust and teamwork prevent disputes, foster a cooperative bond to everyone's benefit, and facilitate the completion of a successful project. City Project manager and Utilities Light & Power and Water staff will work with the design/build team closely on a day to day basis as members of an integrated project team during design and construction. 4. DESIGN/BUILD SELECTION PROCESS The design/build selection process will be completed in two phases: Step I: Selection by Qualifications The City will issue a "Request for Proposal" (RFP) and select the top three design/build teams based upon the quality and experience of the team. No Schematic plans for this project will be considered in Step I. The selection committee will evaluate the submitting teams' qualifications only, NOT specific architectural designs or budget proposals. Step II: Selection of the Design/Build Team The City will then interview the top three design/build teams and select the top design/build team evaluating the teams based on their presentation, conceptual design, project fees and total project budget. The City of Fort Collins will turn over to the top three D/B teams the following information. a. Conceptual Site Plan (CSP1), prepared by City of Fort Collins, dated 3/10/15. This plan provides pertinent information concerning the site with approximate locations. b. Site utility locations showing how they will be accessed for the project. C. Soil borings for both site locations providing soil type and recommendations. STEPI DATE RFP Pre -Proposal Meeting April 15. 2015 Receive Proposals April 30, 2015 Select Three Design/Build Finalist May 11, 2015 STEPII DATE City to submit Info to top Three Teams May 14, 2015 Step II Receive Proposals June 4, 2015 Interviews with Three Design/Build Teams week of June 15th, 2015 Select Final Design/Build Team June 17, 2015 5. PURCHASING RESTRICTIONS The proposer's authorized signature on the proposal assures the team's compliance with City of Fort Collins' purchasing restrictions. A copy of the restrictions is available for review in the Purchasing and Risk Management Division or the City Clerk's Office. City of Fort Collins' Resolution 91-121 requires that suppliers and producers of cement, or products containing cement, to certify that the cement was not made in cement kilns that burn hazardous waste as fuel. 6. THE CAPITAL PROJECTS PROCEDURE MANUAL The City of Fort Collins has adopted and uses the Capital Projects Procedures Manual. This manual can be downloaded at the following address: hftp://citvdocs.fcgov.com/?vid=l O&cmd=search&scor)e=doctype&dt=CORRESPONDENC E&dn=Purchasinq&q=Capital+Manual+Projects The detailed Scope of Work for this project will follow the process detailed in the Capital Projects Procedures Manual. This manual correlates very closely to the phases of work sequence by the American Institute of Architects. It includes site analysis, schematic design, design development, construction documents, bidding, construction administration and project close-out. This manual will be available for use by the selected team. 7. BUILDING DESIGN STANDARDS MANUAL The City of Fort Collins has developed a Building Design & Construction Standards Manual. This manual will be available for use by the selected team and can be downloaded at the following address: hftp://www.fcqov.com/opserv/design-standards.php. 8. STATE TAXATION The City of Fort Collins is exempt from all state taxation including state sales and use taxes. CHAPTER 2 — OBJECTIVES 1. DESCRIPTION A. Light & Power Facility: 65' x 160' Located at 700 Wood Street The building will be a 6-bay conditioned vehicle storage building with an area of approximately 10,000 gross square feet and a height of approximately 26' at the highest roof point. It will contain 12 total 22' wide by 12' high overhead garage doors, 6 on the south and 6 on the north side and it will include radiant heating to maintain a temperature adequate for melting snow and ice from vehicles (50 degrees F). It will be a single sloped roof, PEMB and will include active solar (PV) panels on the roof. The building will be clad with architectural steel insulated wall and roof panels. The base of the building up to 24" high in areas that do not contain overhead garage doors will be formed concrete. Clerestory translucent panels on the north side of the structure will allow natural light. There will be 4' roof overhangs at the south eave (low roof side) to mitigate solar heat gain. The building will be designed to meet LEED Gold standards. B. Water Facility: 35' x 160' Located at 701 Wood Street The building will be a 6-bay unconditioned vehicle storage shelter with an area of approximately 5,000 gross square feet and a height of approximately 21' at the highest roof point. It will be enclosed on three sides, but open to the elements on the low side where the bays are for trucks entering. It will be a single sloped PEMB and will include active solar (PV) panels on its roof. The building will be clad with architectural steel roof panels. There will be 4' roof overhangs at the east eave (low roof side) to mitigate moisture from entering the building. 2. IMAGE Proiect Positive Image to the Communitv a. Meet the criteria of the River District. b. Fits well into site/environment. C. Connects well to the surrounding buildings. d. Attractive for facility users. 3. FLEXIBILITY/DURABILITY a. "Serviceable" life of the building anticipated to be 30+ years. b. Tie-in well with existing buildings and design. C. Maximize use of local/reusable/recyclable products. Reduce On -Going Operation Maintenance and Repair Costs a. Reduce operating costs to the maximum extent feasible. b. Reduce need to repair or replace equipment and materials. C. Use materials that prolong the useful service life of the building. d. Ensure equipment is accessible for serviceability. e. Consider maintenance costs in the life cycle analyses of equipment, systems and materials. 4. WORK ENVIRONMENT a. Recognizing that people are the highest cost associated with buildings, provide an "uplifted" work environment that supports and enhances worker productivity, as well as the user experience. b. Design high quality lighting utilizing daylighting and quality, energy efficient electric LED lighting only. C. Create a thermally comfortable environment with minimal use of energy. d. Provide good indoor air quality through use of non -toxic materials, well -designed ventilation, etc. e. Minimize HVAC, and other equipment noise. 5. SUSTAINABLE DESIGN Definition of Sustainable Design: "Meeting the needs as a society today without compromising the ability of future generations to meet their needs." It should not be a surprise to know that 35-50% of the total energy produced in this country is consumed by the built environment. The resources required to attempt to create, operate and replenish this level of infrastructure and necessary income are enormous and diminishing. U.S. consumers utilize greater resources per capita than any other people worldwide. We consume about 20,000 pounds per person per year of construction -related materials. These include virgin forest products, fuels, steel, glass, cement and plastics. Twenty to thirty percent of the waste being delivered to landfills across the country is building demolition/construction waste. We cannot continue this trend without severely impacting future generations. Integrated, innovative, sustainable design and construction techniques minimize energy usage and damage to the environment while providing benefits for people using the building. Sustainable development ideally results in the following benefits: Energy and water savings, reduced pollution, conservation of natural resources, promotes recycling, better indoor air quality, enhanced occupant comfort, productivity and performance, enhanced building durability, and reduced maintenance costs. High environmental quality, outdoors as well as indoors, is essential for the employees' long-term health and welfare. The objective is to provide employees and customers with environmentally sound facilities, within the project budgets, while providing the city as a whole with a model for the energy, environmental, and economic benefits of sustainable development. Balancing initial construction costs and long-term operational costs will be an important challenge. The integrated design team will be expected to use an integrated "whole building" design approach to take into consideration the effect the design elements, energy and resource constraints, building systems, and building function have on one another. Use of an integrated approach is required to address building orientation, daylighting opportunities, building envelope, and building system choices. Use of a multidisciplinary team approach that allows all team members to share specialized expertise and coordinate their individual efforts to achieve a synergistic, environmentally responsible building is essential to our success. Where the typical energy costs for a building that meets today's codes is approximately $1.00 per square foot per year, integrated whole building design can result in energy costs one quarter to one third of that. The Architect, as the leader of the integrated design team and process, shall be responsible for maintaining the focus on and commitment to the integrated energy/high performance goals of the project. Commitment to continuous refinement and design optimization is essential to the creation of an energy efficient, high performance building. All team members must be encouraged to evaluate the benefits of innovative high efficiency design ideas in a cooperative, creative atmosphere. They must utilize "whole building" analysis to optimize the entire building systems and their interactive relationships. The impacts of changes in any one system shall be evaluated in relation to the impacts on the whole building capital cost, operating cost, and effect on the objectives and targets of the project. Use of computer modeling as part of the whole building optimization process, is required. Operating and maintenance costs over the typical life span of a City facility (75 plus years) can be many times the initial capital cost of the equipment. Utilization of lifecycle economic analysis to guide the integrated design team to the options that will produce the greatest savings over the life of the building is essential. Functional and easily maintained building systems with low life cycle operating costs is fundamental to effective and efficient operation of the finished facility. 6. INDOOR AIR QUALITY • Do not use products and materials that contain asbestos, carcinogens, volatile organic compounds, and other known toxins. • Do not design mechanical systems that encourage the growth of molds, fungi, and bacteria. 7. HUMAN PERFORMANCE Project design should create a workplace for City employees and customers that is safe, healthy, and comfortable. Avoid factors that introduce glare, temperature extremes, odors, and noise into the building. 0 Design high quality lighting utilizing daylighting and quality electric LED lighting. • Provide high quality indoor air. Minimize HVAC and other equipment noise. 8. SUSTAINABLE DESIGN RATING SYSTEM It is the intent of the City of Fort Collins that every project earns enough credits using the US Green Building Council's (USGBC) LEEDTm Green Building Rating System to earn at least a "Gold" certification. LEED v 2009 shall be used for this project. In this context, it is desired that particular attention be given to building shape and orientation to optimize daylighting potential while minimizing unwanted heat gain and glare. At least 6 points must come from Credit 1 — Optimize Energy Performance in the Energy and Atmosphere category. 9. ENERGY EFFICIENCY Context In late 2008, the Fort Collins City Council adopted the 2008 Climate Action Plan. calling for a community -wide reduction in greenhouse gas emissions of 20% below 2005 levels by 2020 and 80% below 2005 levels by 2050. Just recently the City Council adopted an updated plan that now requires an 80% below 2005 levels by 2030. In early 2009, Fort Collins City Council adopted the 2009 Energy Policy, with some of the most aggressive energy efficiency and peak demand reduction goals in the nation. It includes the vision of providing carbon neutral electricity to Fort Collins by 2050. Goals Within this context, the following minimum goals have been set for the project — • The facility shall be designed to use no more than 20 kBtu/SF/year in energy, excluding contributions from on -site renewable energy, and the project shall achieve a minimum of 6 points from LEED 2009 - Energy and Atmosphere.Additionally, the Design/Build Team is challenged to surpass these minimum goals and work toward a Net Zero Energy for the entire facility (on -site renewables included), as is feasible within the project budget. Strategies The strategies required for obtaining these goals include, but are not limited to — • Reduce building envelope and internal loads. • Use passive strategies to control solar heat gains such as appropriate building shape and orientation, exterior shading, proper window sizing and high performance glazing. • Optimize HVAC equipment size and efficiency. • Reduce the use of non-renewable energy sources. • Incorporate daylighting and complimentary high -quality efficient electric lighting and controls as an integral part of the design. • Design, construct and commission a continuous air barrier system. • Design, construct and commission a continuous thermal envelope system that eliminates thermal bridging to every extent possible. • Consider the building as a system and design components to work together (e.g., reduce loads to minimize HVAC sizing). • Use whole building energy modeling as a design tool and as a measure for accountability for the Design/Build Team in reaching targeted energy goals. • Make improvements to the existing facility to reduce overall energy consumption. 10. WATER CONSERVATION • Reduce treated water use. • Reduce run-off and impact on the storm water system. Reduce amount of waste water requiring treatment. 11. SUSTAINABLE DESIGN THEME Many facilities have been designed and built "green", but few offer interactive insights to expose the knowledge and methods through which the public can learn. Sustainable design offers long-term cost savings in building operations and maintenance, an opportunity for a superior visitor experience, and reinforces commitment to living conscientiously and reflecting values of the community. These are not competing interests, but goals that can be achieved: • Enhance the user experience. • Be regionally relevant and benefit through win -win partnerships. • Harmonize with the natural landscape — the outdoor facility is a functional programming space for nature, environment, and other topics that are better set outside. • Provide higher quality lighting. • Consume less energy and use renewable energy. • Conserve materials and natural resources. • Enhance indoor and outdoor environmental quality. • Safeguard water. To achieve this, sustainable design will require a fundamental shift in both design and construction. The shift will be enabled through integrated design to ensure fulfillment of the fundamental mission while using the facility infrastructure in a way to enhance the exposition of sustainable methods. Time taken in the early stages is required to save money and time in both the construction phase and persistent operational costs. The project's philosophy, therefore, is to utilize integrated and sustainable design as levers for realizing a superior user experience with long-term cost savings. These are cost savings that can be reinvested into programs, rather than building operations and maintenance. CHAPTER 3 — PROFESSIONAL SERVICES C1. DESIGN SERVICES All the necessary sustainable design services to complete the project including the following: a. All architectural design services. b. All planning design services. c. All landscaping and irrigation design services. d. All civil design services. • Transportation Impact Study (TIS). • Site development and grading. • Stormwater Pollution Prevention Plan. • All other civil work necessary for City approval. e. All structural design services. f. All mechanical design services. g. All fire protection design services. h. All electrical design services, including: ■ Communications & Security Systems. ■ Fire Alarm System. i. Coordinate all Design related LEED activities and process all submittals required for project certification. The City of Fort Collins requests the prime architect be very experienced in Storage Facilities and prefers including an architect and planning firm experienced in working with the City of Fort Collins planning process. 2. CONSTRUCTION SERVICES All necessary construction services to complete the construction of the project, including, but not limited to: a. Provide cost consultant to confirm and verify budgets during project design. b. Provide on -site supervision and coordination of trades when they are on site. c. Provide shop drawings for review and approval. d. Provide samples for review and approval. e. Provide submittals for review and approval. f. Provide mock-ups for review and approval. g. Implement Stormwater Pollution Prevention Plan as required by AHJ and have SWPPP binder on site for review. h. Provide on -site safety enforcement of OSHA regulations. i. Provide daily QA/QC control of all materials and systems being installed. j. Provide routine schedule and budget updates. SECTION 00530 NOTICE TO PROCEED Description of Work: 8106 - Fort Collins Utilities Vehicle Storage Buildings — Design -Build Agreement with GMP not to exceed $2,036,910 To: Elder Construction 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 (5) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20_ City of Fort Collins OWNER By: Name: Chad Mapp Title: Project Manger ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of 20_ CONTRACTOR: Elder Construction Inc. go Name: Title: k. Coordinate all Construction related LEED submittals and activities to ensure necessary LEED credits for project certification. CHAPTER 4 — SPECIAL INTERFACES SUSTAINABLE DESIGN The goal of the City is that the project will be designed using the U.S. Green Building Council's (USBGC) LEEDTA9 Green Building Rating System for new construction and major renovations, to earn a "Gold" certification. 2. ENERGY MODELING The City of Fort Collins will provide the energy modeling services and the design/build team will be asked to coordinate the LEED design with this firm. 3. COMMISSIONING The City of Fort Collins will provide the commissioning firm and the design/build team will be asked to coordinate the design and construction with this commissioning agent. 4. ART IN PUBLIC PLACES The design/build team will be requested to work with an artist from the City's ''Art in Public Places" Program with the intent to design artistic elements into the project concept. and are within the APP budget for this project. A member of the design/build team will be added to the committee that selects the artist. The City will contract directly with that artist. 5. SPECIAL VEHICLE EQUIPMENT The City of Fort Collins will be responsible for any specific vehicle equipment procurement and equipment installation. The design -build team will need coordinate with the City because it will need to proceed at the same time as the building construction effort. 6. TESTING SERVICES The City of Fort Collins will be responsible for all the testing services (soils, concrete, asphalt, structural steel, etc.). It is intended the design/build team will assist in the coordination of this effort. 7. COMMUNICATION WORK The City of Fort Collins will be responsible for all communication work (telephone and computer cabling). It is intended the design/build team will assist in the coordination of this effort. Also, it will be the responsibility of the design/build team to install the raceways, conduits. fixtures, etc. for the communication systems and computers. Fire Alarm and Security for the facility will be the responsibility of the design/build team. CHAPTER 5 — QUALIFICATION REQUIREMENTS Only teams that have the requisite experience and qualifications are encouraged to submit proposals. 1. DESIGN/BUILD PROJECTS FOR UTILITY VEHICLE STORAGE FACILITIES Provide a brief project description and history for design/build projects, similar in scope to this project, completed in the last 5 years. Include the following information. a. Project description that includes the project name, firms that comprised the design/build team, occupancy type (IBC), construction type (IBC), gross square footage, major structural system(s), and HVAC system. b. Project history that includes the original schedule agreed upon at the time of signing the contract, the actual duration of design and construction, and any special characteristics of the project. c. Project budget information that includes the cost at the time of signing the contract, and the final cost. d. Methodology for controlling project cost and schedule for each phase of the project. e. Names, addresses and telephone numbers of project owners. 2. FINANCIAL CAPABILITY Applicants must have the financial capacity to absorb project start-up costs, as well as to maintain the day-to-day working financial aspects of the organizational structure. Provide the following information: a. Bonding company. Provide the name, address and phone number of the firm's bonding agent. Provide a letter from the bonding agent indicating the firm's bonding capacity is adequate to undertake this work. b. Identify project financial arrangements. c. Any pending or outstanding claims or judgments. d. References from banking and credit institutions with which business has been conducted. e. Insurance company. Provide the name, address and phone number of the firm's insurance agent(s). Provide certificate of insurance outlining coverage and policy limits. Can this coverage be extended for work on this project? Can coverage be increased? Can the City be listed as an additional insured? Are there any current claims that will affect coverage limits available to the City for this project? f. Financial statement. Provide a recent financial statement (audited if possible) including balance sheet and income statement showing: • Current assets. ■ Other assets. ■ Current liabilities. ■ Other liabilities. • Fixed assets and equipment. g. Banking reference. Provide the name, address and phone number of the firm's banking reference. 3. MANAGEMENT EXPERIENCE AND CAPABILITY Applicants must have strong project team leadership capability and relevant management experience, for both the design and the construction services. Provide information on: a. Recent (within the past 5 years) examples of management of projects that required management organization, skills, and expertise, similar to those required by this project. b. Approaches used to cut costs when estimated costs exceed the budget. 4. EXPERIENCE WITH SUSTAINABLE DESIGN State the team's commitment to and experience with whole -building performance and sustainable design. List projects completed within the past 5 years that feature workable, cost-effective, low energy, and sustainable design strategies. Include: a. Design team organization used for these projects. b. Description of the process used to reach final design. c. Description of the low energy, sustainable design features of each project. d. Descriptions of energy analysis technique(s) used. e. Information on commissioning and actual performance of the listed projects. f. A complete listing of projects that achieved LEED Certification, including the year and the level. g. Names, addresses and telephone numbers of project owners. 5. TEAM MEMBER EXPERIENCE Describe the level of participation in the projects listed above by key staff proposed for this project. Provide information regarding each team member's professional licensure. Provide information regarding recent team member experience with the City of Fort Collins' development review process, including the procedures and requirements necessary under the current Land Use Code and the City of Fort Collins "City Plan". 6. TEAM BUILDING Describe any experience by the team or key staff on the team with similar owner/design/build teams. Describe the firm's experience with team building, either formal or informal. Highlight any team building experience by key staff proposed for the project. Provide references for cited experience. Describe any experience by the firm or key staff with similar owner/engineer/contractor teams. Highlight any team building experience by key staff proposed for this project. Provide references for cited experience. Address in this section all projects completed in the last five years on a negotiated contract basis and give details and references. 7. UNIQUE CAPABILITIES Describe any unique capabilities/experience the proposed key staff will bring to this project. How will their experience benefit this project? 8. SAFETY RECORD Safety is our highest priority during the construction process. Provide the firm's OSHA reportable accident rate and current workman's compensation insurance multiplier for the last 3 years. Outline your company's safety program and any additional information that would be useful in showing your approach to a safe work site. Unsafe conditions with respect to the public, owner, engineer, and contractor are not an option. 9. SUBCONTRACTORS Based on the description of the work in this request, describe subcontractors that you have working relationships with that will be used on this project. 10. AGREEMENT COMMENTS Design Build Team is expected to sign the agreement (Chapter 7). Any exceptions to the agreement must be stated with your submission of qualifications for this project. The City makes no guarantees it will change the agreement but will consider the exceptions. 11. CONSTRUCTION COST FACTORS Establish in detail the factors which will be used in determining the negotiated guaranteed maximum price design/build construction contract. These factors shall be comprehensive in establishing all costs to be applied to direct project labor and materials in determining the construction cost. Commitments shall include: • Overhead and profit (combined) margin for general office activities on the base bid cost. • Overhead and profit (combined) margin for field office activities on the base bid cost. • Markup on subcontractor work by the General Contractor. • Markup on materials and equipment on the base bid cost. • Markup on project labor or materials to determine the final contract price. • Change order markup, including supervision allowance, labor and material markups, and overhead and profit percentages, as a percent of labor and materials cost for any changes in the work following contract award. • You MUST submit the above requested information. The selection team will consider other methods of contract negotiations that the firm may have experience with. • Your firm is expected and required to have a completely open book policy on all pricing of work. CHAPTER 6 — PROPOSAL EVALUATION CRITERIA PROCUREMENT PROCESS This is a two-step procurement process. Firms will be judged on the following rating criteria. STEP 1 No schematic plans for this project will be considered in Step 1. The selection committee will evaluate the submitting teams' qualifications only, NOT specific architectural proposals. The output of this step is to select three Design/Build Teams to go on to Step II. Proposals will be evaluated on the following criteria. These criteria will be the basis for review of the written proposal. The rating scale is from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Weighting Criteria Standard Factor Does the team have the capability and experience to design and construct a Team Capability/ project of this type and scope? Does the 3.0 team have the skills to manage and obtain Experience the necessary development? Are sufficient people of the requisite skills assigned to the project? Has the team identified the personnel that 2.0 Assigned Personnel will work on the project? Is the team strong with high performance and have high recommendations? Has the team completed multiple 2.0 Sustainable Design sustainable and LEED design and construction work achieving gold certification or higher? Can the target completion date be met? Are other qualified personnel available to 1.0 Schedule/Availability assist in meeting the project schedule, if required? Is the project team available to attend meetings as required by services outlined for this project? Is the team interested and motivated to 1.0 Motivation perform the work in the required time frame? Has the team performed well, meeting all 1.0 Safety safety requirements? Has the team had an Experience Modification Rate (EMR) of 1.0 or less for the past 3 years? STEP II 1. PROPOSAL FORMAT AND CONTENT The three Design/Build Teams that are selected to proceed to the conceptual design and costing process are required to provide the following information. All ideas and materials submitted will become the property of the City. The proposal shall remain subject to acceptance for 90 days after the proposal due date. a. FORMAT Submit proposals in an 8-1 /2" x 11" binder, except for the drawings, organized as outlined below. Nine (9) copies shall be submitted. Each page must be numbered. It is the responsibility of each team to include any information necessary to adequately respond to each section. Failure to supply the required information may result in rejection of the proposal. Any proprietary information submitted shall be clearly identified and placed in a separate section of the proposal. Proposers may include any additional information they feel would supplement the submittal. Include such supplemental information within an appendix. 2. CONTENT a. COVER PAGE • Include a signed page with the following information at the front end of the proposal. • Name of team and address • Telephone number • Fax number • E-mail address • Name and Title of individual signing for the team • Signature • Date • The Guaranteed Maximum Price to the City • Include a Gantt chart for project schedule and include major milestones. b. TABLE OF CONTENTS Include a table of contents identifying the various sections of the proposal. c. STATEMENT OF UNDERSTANDING Provide a written description of the project scope and objectives as you understand them to be from the request for proposals. Provide a written description of the scope of services the team will provide to best meet the needs of the project. d. TEAM ORGANIZATION AND MANAGEMENT PLAN Provide a clear and descriptive organizational chart. Identify all firms and key personnel including, but not limited to, the names of architectural and engineering consulting firms, project managers, and construction superintendents that are members of the Design/ Build Team. Describe their project roles and responsibilities and their reporting accountability. Show how the team will be managed, including internal, sub -consultant, and sub -contractor management. Describe the work to be performed by each firm that is a member of the team. e. PROJECT EXPERIENCE AND QUALIFICATIONS Provide the information requested in Section 4, QUALIFICATIONS, regarding design -build projects of similar scope, financial capability, management experience and capability, experience with sustainable design, team member experience, partnering, and any unique capabilities the team may have. In addition, provide legal evidence of the team's form of business, i.e.: corporation, partnership, joint venture, or sole proprietor. Provide the legal business address, contact person, and phone number for each firm that is part of the team. Provide evidence that the team has the capacity to bond or otherwise insure the entire project concurrently with current and anticipated workloads. Teams selected for interviews may be asked to provide a copy of the team's, or each firm's, latest financial statement. f. KEY PERSONNEL Provide a one -page resume for each individual listed on the organizational chart. List the individual's firm, position, project experience, education, and license or registration. g. DESIGN PROCESS Describe the sequence of the design process you will use, who will be involved in each step, and how the team proposes to work with the City during the design of this project. h. PROJECT COST, SCHEDULE, AND QUALITY CONTROL Describe the methods/process the team will take to control the costs, schedule, and quality of the work during each phase of the project. Indicate periods of owner participation. Explain the methods that will be used to insure delivery of a project that meets or exceeds the contract documents or the City's needs. i. GUARANTEED MAXIMUM PRICE Show a breakdown of the costs for design, pre -construction, construction, site improvements, off -site improvements, equipment, and contingencies. Establish in detail the cost for general conditions, general and administrative overhead and design and construction fees. List the hourly rates for each labor category of your team and equipment you plan to use on the project. j. SCHEDULE Provide a Gantt chart schedule that includes dates for design activities, development review activities, construction activities, substantial completion and final completion. k. PROPOSAL SECURITY Each proposal must be accompanied by a Proposal Security made payable to the City of Fort Collins in the amount of 5% of the Guaranteed Maximum Price. The required security must be in the form of a certified or bank cashier's check, or a Bid Bond on the attached form. A surety meeting the requirements of the General Conditions for surety bonds must execute the Bid Bond. The successful Proposer's Proposal Security will be retained until such Proposer has executed the Agreement and furnished the required contract security, whereupon the Proposal Security will be returned. If the successful Proposer fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, the City may annul the Notice of Award and the Proposal Security of that Proposer will be forfeited. I. REQUIRED SCHEMATIC DRAWINGS 1/30" Architectural Site Plan indicating building footprint, and areas of parking, landscaping, and pedestrian circulation. 1/16" One -line type of floor plans of all floors indicating locations of departments, conference rooms, break rooms, support spaces, public circulation, and core areas. In addition, the ground floor plan should show the relationship to the outdoors, the location of entries, and public lobby. 1/16' Elevations for all building facades indicating the major exterior materials, fenestration patterns and building heights. 1/16" Building Sections showing longitudinal and latitudinal sections. Sections should indicate floor to floor heights, ceiling heights, interstitial spaces for infrastructure, and a graphic depiction of the daylighting and/or other energy saving strategies used. m. PROPRIETARY INFORMATION Include any information that you consider proprietary in this section. 21WEATROWN030 Include any supplemental information you want to submit in this section. U. Ive Weighting Criteria Standard FactoN Does the proposal show an understanding of the scope 3.0 D Scope of of the project, methodology to be used in the design E Proposal and construction phases and the results that are S desired from the project? G 3.0 N Cost for Design/ Build Are the proposed Estimated design/build costs Project reasonable and competitive? C Construction Do the referenced projects reflect favorably in respect 2.(� H Performance to completion within the contract schedule, cost and A number of change orders and claims? R R Assigned Does the proposed team have the necessary skills and 2.0 E Project Team experience to fulfill the requirements of the project? Is T the key staff available to do the work? T E Team Has the firm worked on projects similar in scope to this Experience with project? Has partnering been used as a basis in design 2.0 E Design/Build & and construction of other projects? Was this work of a Sustainable high quality in nature? Has the team completed LEED c Design design and construction work? OSHA Illness/Injury Rate, OSHA Lost Work Day 1.0 s Safety Record Incidence Rate and Workman's Comp Experience e Modification Rate Insurance multiplier. e Construction Do the proposed construction cost factors (Rates & 1.0 c Cost Factors Fees) compare favorably with industry standards and t other firms' construction cost factors? d Has the firm shown an interest in the work and a 1.0 Motivation commitment to the successful completion of the D project? INTERVIEW Each selected Design/Build Team will have an interview with the Evaluation Committee on the date outlined in the schedule. Each Design/Build Team will have the opportunity to make a presentation for 15 minutes, which will be followed by a question and answer period conducted by the Evaluation Committee that will be 40 minutes. Thereby, the interview will be a maximum of 60 minutes. SELECTION Selection on one Design/Build Team is the output of Step II. The following criteria will be used for evaluation of the three Design/Build Teams. The rating scale will be from 1 to 5, with 1 being a poor rating, 3 being an average rating and 5 being an outstanding rating. 4. EVALUATION COMMITTEE The same panel will evaluate each proposal. 5. REFERENCE EVALUATION (TOP RANKED TEAM) The City's Project Manager will check references of the top ranked firms using the following criteria. The evaluation will be labeled Satisfactory/Unsatisfactory Qualification Standard Overall Performance Would you hire this designer or builder again? Did they have the skills required by the project? Timetable Was the original scope of work completed within the specified time? Were interim deadlines met in a timely manner? Professionalism Was the professional responsive to client needs? Did the professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original scope of work completed within the project budget? Quality Was the project functional upon completion and did it operate properly? Did the project meet or exceed the client objectives and needs? The evaluation committee will be reviewing and selecting a team they feel provides the best opportunity and value for the City of Fort Collins. Once the Design/Build team has been selected, there will need to be a more extensive review of the conceptual design with the City staff and end users with possibly some revisions made at the design teams expense prior to moving on to the schematic design development phase.