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201461 CONSTRUCTION CONCEPTS INC - CONTRACT - BID - 8452 DOWNTOWN RESTROOMS - OAK STREET RESTROOM BUIL (2)
City of Fort Collins Purchasing SPECIFICATIONS AND Financial Sen ices Purchasing; Division 215 N. Mason St 2"' Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 jcgov. c om purchasing CONTRACT DOCUMENTS FOR DOWNTOWN RESTROOMS - OAK STREET RESTROOM BUILDING BID NO. 8452 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS FEBRUARY 1, 2017 - 3:00 P.M. (OUR CLOCK) SECTION 00020 INVITATION TO BID Date: January 10, 2017 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on February 1, 2017, for the Downtown Restrooms - Oak Street Restroom Building: BID NO. 8452. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 8452. The Work consists of the deconstruction of an existing restroom facility, and the construction of a new 398 square foot restroom facility complete with related site work. All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 AM, on January 18, 2017, in Conference Room 2A at 215 N Mason Street, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Questions concerning the scope of the bid should be directed to Project Manager. Ron Kechter, at (970) 221-6805 or rkechter@fcgov.com. Questions regarding bid submittal or process should be directed to Gerry Paul, Purchasing Director at (970) 221-6779 or gspaul@fcgov.com. All questions not addressed at the prebid, must be submitted in writing via email to Ron Kechter , with a copy to Gerry Paul, no later than 5:00 PM our clock on January 24, 2017. Questions received after this deadline will not be answered. The Contract Documents and Construction Drawings may be examined online at • Rocky Mountain E-Purchasing System: ,iww.rockymountainbidsVstem.com Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. determined pursuant to paragraphs 114 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cast breakdown together with supporting data. Cash Allowances 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8 2. CONTRACTOR's casts for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contact Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 119. Unit Price Wor)L- 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Wok, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Umt Prise Work are not guaranteed and are solely for the purpose of comparison of Bids and dctcrmmnng an initial Contract Rice. Determinations of the actual quantities and classifications of Unit Price Walt performed by CONTRACTOR will be made by ENOLN ER in accordance with paragraph 9.10. 11.92. Each unit price will be darned to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTORS overhead and profit for each separately identified item. 11.9.3.0WNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if 11.9.11. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreemerc EJCDC GENERAL CONDITIONS 1910F (1990 Edtim) 26 91 CITY OF FORT C OLLIM MODIFICATIONS (REV 4/1000) and 11 9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Rice as a result of having incurred additional expense or OWNER believes that 0WNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease 11.9.3.4. CONTRACTOR _ acknowledges that he OWNER has the ri •h}, t to add or delete items in the Bid or clran¢c auantitis at 01V1�iERS sole discretion withot'u affecting the Contract Price of anv remaining tent so lone as the deletion a addition does not exceed twemvt percent of t to cyiginal total Contract Brice. ARTICLE 12--CHANGE OF CONTRACT IM"S 12.1. The Contract Times (or Milestones) may only be changed by a Charge Order or a Written Amendment Any claim for an adjustment of the Contract Times (or Milestones) shall be based on wriuen notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimants written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or M Icstones) shall be determined by ENGINEER in accordance with paragraph 9.11 of OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12,1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 123. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) dim to delay beyond the control of CONTRACTOR the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. in no event shall OWNER be liable tc CONTRACTOR any Subcontractor, any Supplier, any other person or organization, or to any surety for or employe or agent of any, of then, for damages ansing out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors perform ing other work as contemplated by Article 7. ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Noeiee of Defects Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13 Accew to Work: 13.2 OWNER, ENGINEER ENGINEER's Consultants, other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasenabktimes for their observation, inspecting and testing. CONTRACTOR shall provide them propand safe conditions for such access and advise themer of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Testis and Inspacdons 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections. tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and 13.4.1 as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any PPublic body having jurisdiction require any Work (or part thercol) specifically to be inspected tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in correction therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all casts in connection with any irspcetiuns, tests or approvals required for OWNER's and ENGINEERS acceptance of materials or equipment to be incorporated in the Work, or of materials, mac designs, or equipment submined for approval prior to CONTRACTOR's purchase thereof for incorporation in the Wok. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER. it must, if requested by ENGINEER, be uncovered for observation 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work_ 13.8. If anv Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACT OR's expanse. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected o tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, famishing all necessary labor, material and equipment If it is found that such Work is defectve. CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, e\l)=re, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all cots 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 may make a claim therefor as provided in Article 11. If, however, such Wok is not found to be defective, CONTRACTOR droll be allowed an increase in the Contract Price or an extension of the Contract Times (or Mfdestones), or both, directly attributable to such EKDC OEXM41 CONUTIOM 1910-8 (1990 Edtim) 27 wr CITY OF FORT COW NS MODIFICATIONS (REV 42000) uncovering exposure, ohservation, inspection, testing, Work resulting therefrom) has been corrected, replacement and reconstruction; and, if the parties are removed or replaced under this paragraph 13.12, the usable to agree as to the amount or extent thereof, correction period hereunder with respect to such Work CONTRACTOR may make a claim therefor as provided in will be extended for an additional period of arts-ytar Articles 11 and 12. two years after such correction or removal and replacement has been satisfactorily completed. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish cc perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated, however, this right of OWNER to stop the Work shall not give rise to any dirty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other parry. Correction or Removal ofDefective Work. 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whdLr or not fabricated installed or completed, or, if the Work has been rejected by ENGINEER. remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.11 Correction Period: 13.12.1. If within arse -year two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the defective Work corrected or the rejected Work removed and replaced and all claims, costs, lasses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12.2.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 Specifications or by Written Amendment 11113. Where defective Work (and damage to other E)Ci1CGENERAL. CONO MOM 1910.8 (1990Edtim) 28 w/ QTY OF FORT COLT. M MODIFICATLOM (REV 411000) Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and prior to ENGINEER's recommendation of final payment, also ENGINEER) efers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNERS evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Week or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER OWNERS representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, aid if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACFOR's defectriv Work. CONTRACTOR shall not be allowed an extenssicn of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER ofOWNER's rights and remedies hereunder. ARTICLE 14—PAiNMiTS TO CONTRACTOR AND COMPLETION Schedule of Iiiluer 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. .Application for Progress Payment 14 2. At least twenty days before the date established for each progress payment (but not more often than once a morft CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment arc covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER The amount of retarnage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall rat be subject to substitution by the CONTRACTOR with securities or arry arraneemems involvirta an escrow or t form the CONTRACTOR expressly waives his n t to the 6�.sf_S�ts �eRaYt �t�cU-ttL3g ion-Z4_21-M1, et sea. COM-RACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review ofApphoadons for Progress Payment 14A. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EICDCGO Mt CONDITIOM I9104(1"0 Editim) w/CITY OF FORT COLLINS MODIFICATIONS (REV 4na0a) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisiuns of the last sentence of paragraph 14.7) become due and when due will be paid OWNER to CONTRACTOR 14.5. ENGiNEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGESMR's knowledge, information and belief 14.5.1. the Work has progressed to the point indicated 14.5.2, the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Wok. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -sae inspections have been made to check the quality or the quantity of the Work beyond the responsibilities Specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might emitle CONTRACTOR to be paid additionally by OWNER or etttitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment including final payment, shall no mean that ENGINEER is responsible for CONTRACIOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in INGMEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refine to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in ENGRNEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defec5ve, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because. 14.7.5. claims have been made against OWNER on account of CONTRACfOR's performance or famishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a ad - off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the evens enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial Completion: 14.8. When CONTRACTOR considers tlx: entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially comNlete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion Within a reasonable time thereafter, OWNER., CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR m writing giving the reasons therefor. If ENGINEER EX -DC GENERAL CONDl11OM 1910.8 (1990EMM) 30 p/ CITY OF FORT OOLUM MODIFICATIONS (REV 42000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to arty provisions of the certificate or attached list. If, after considering such objections. ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR at writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revisal tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment, 14.9. OWNER shall have the nalit to exclude CONTRACTOR from the Work alter the date of Substantial Completion but OWNER shall allow CONTRACTOR reasonable access to complete or correct items an the tentative IisL Partial Utilization: 14.10. Use by OWNER at OWNERS option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (it) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Wok, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such ppaart of the Work is substantially complete and request INGiNEER to issue a certificate of Substantial Completion for that pan of the Work. CONTRACTOR at am, time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its imended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of Completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. if ENGINEER considers that pan of the Wok to be substantially complete, the provisions of paragraphs 14 S and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGINEER will make a final inspection with OWNER and CONTRACTOR avid will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment• 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5 4, certificates of inspection, marked -up record do uments (as provided in paragraph 6 19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but m-A limited to the evidence of insurance required by subparagraph 5.413. (u) 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. In lieu of such releases or waivers of Liens and as approved by OWNER CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work fur which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails erODCO6•NELU COMTIOnts 19104 (1990 Edtim) w/ CITY OF FORT COLLIM MODIFICATIONS UtFV 42000) to furnish such a release or receipt in frill, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize Payment are W be submitted on fors conforming to the format of the OWNER'S standard forms bound in the Proied manual. Final Payment and Acceptance_ 14.13. If. on the basis of ENGINEER's observation of the Wok during construction and final inspection, and ENGINEER's review of the final Application for Payment and accomparrymg documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within tin days after receipt of the final Application for Payment, indicate in wTntmg ENGINEEWs recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of puragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGWEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subiect to oara¢raoh 17.6.2 of these General Conditions. 14.14 If, through no fault of CONTRACTOR, final oompplcticn of the Work is significantly delayed and if INCIDMER so confams. OWNER shah upon receipt of CONTRACCOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made tinder the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims.• 14.15. The making and acceptance of final payment will constitute: 14.15.I.a waiver of all claims by OWNER against CONTRACTOR except claims arising from unsettled Liens, from defective Work appearing after 31 final inspecmot pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guamrdees specified therein, or from CONTRACTOR's cominuing obligatiotns under the Contract Documents; and 14.152.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AN13 TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Weak will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or bah, directly attributable to any, such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 1 I and 12. OWNER Mery Terminate: 15.2. Upon the occurrence of any one or more of the following events 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 29 as adjusted from time to time pursuant to paragraph 6.6), 15 if CONTRACTOR disregards Laws or Regulations of any public body havingjtrisdictiom 15Z3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven dayswritten notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTORs tools, appliances, construction equipment and machinery at the site and use the sane to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EX-I)C OENSUL CONDITIONS 1910.8 (1990 Editicm) 32 wi aTy OF FORT COt UNS MODIFICATIONS (REV 4r1000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any ftather payment until the Work is finished If the unpaid balance of the Contract Price exceeds all clauns. casts. losses and damages sustained by OWNER arising out of or resulting from completing the Wait such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, casts, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change (hdcr, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONfRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days written notice to CONTRACTOR and ENGINEER. OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Ctmtract DocumenLs prior to the effective date of termination, including fair and reasonable sumps for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses. 15.4.3. for all claims, cods, losses and damages incurred in settlement of terminated contracts with SubcortraCLUM Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of lass of anticipated profits or revenue or other economic lass arising out of or resulting from such term inatiom CONTRACTOR May Stop Work or Terminate: 15.5. Ik through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to art on any Application for payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR airy sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and prov ided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4 In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has tailed for thirty days to pay CONTRACTOR any sums finally determined to be due. CONTRACTOR may upon seven days' wrmcn notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph ARTICLE 16—DLSPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method arid procedure for resolving disputes between them that may grist under this Agreement, such dispute resolution method and procedure, if any. shall be as set forth in Exhibit GC -A "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs9.10. 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. AR77CLEI7—MISCELLANEOUS Giving Notice' 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have bcen 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 sera by registered or certified mail, postage prepaid to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saneda}' or Sunday or on a day made a legal hol day by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC GENERAL CONDITIONS 191 M (19" Ediim) wt CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will corntitute, a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other pangs employees or agents or others for whose acts the other party, is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not bu aimtrued as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Camu/ative Remedies: 17.4, The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warramy or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty obligation, right and remedy to which they apply. Professional Fen and Court Cosh- Included.- 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution casts 17.6. The laws of the State of Colorado apply to this Agreement Reference to two pertinent Colorado stettutus are as follows 17.6.2. If a claim is filed. OWNER is ragwred by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hire. sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 EJCDCGENERAL CONDITIONS 1910.8 (1990EA[im) 34 wI CITY OF FORT COLLINS MODIFICATIONS (REV 42000) (This page let', blank intentionally.) EJCDCGENEM CONDITIONS 1910.8 (1990 Edhw) 35 w/ QTY OFFORT COLUNS MODIFICATIONS (REV 42000) The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer. employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. City of Fort Collins Gerry Paul Purchasing Director ExvC GENMALL CONDITIONS I9I0-8 (1990 E(ktim) 36 w; CITY OF FORT COLLINS MODIFICATIONS (REV 4,2000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties 161 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurtsdieticnn 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date an which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of am written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the pant making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 162 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based an such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 164 Lxcept as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2, such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4. if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor. either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR Involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any- claim, right or cause of action in favor of Subcontractor and aganst OWNER ENGINEER or ENGINNUM's Consultants that does not otherwise exist 16.6 The award rendered by the arbitratcnrs will be fowl, judgment may be entered upon it in any overt having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"). to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration Pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the patties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall retrain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed E1CDC GENERAL COMMONS 19104 (1"0 MOM) GC -At wi CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) EJCDC GeM AL CONDITIONS 1910•S (1990 &bum) GC•AI w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194) SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: N/A Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: N/A SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-8.10 OWNER's Project Manager A. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The Project Manager shall have the authority set forth in the OWNER's Capital Project Procedures Manual. The Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work, or for any failure of the Contractor to comply with laws and regulation applicable to the performance or furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Resident Construction Inspector(s) (RCI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any RCI assignments. The RCI shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The RCI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The RCI's dealings in matters pertaining to the on -site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. SC-13.12 Correction Period: 13.12.1 If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, an Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Downtown Restrooms - Oak Street Restroom Building CONTRACTOR: Construction Concepts Inc. PROJECT NUMBER: 8452 DESCRIPTION: 1. Reason for change: 2. Description of Change: _ 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $60,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing DATE: DA DATE: DAT SECTION 00960 APPLICATION FOR PAYMENT PROJECT: PO# PAY ESTIMATE NO: DATE: CONTRACTOR: ADDRESS: CONTRACT FOR: PARTIAL TO FINAL The undersigned Contractor certifies that to the best of his knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received, in this current payment shown herein is now due. CONTRACTOR: By: Date: TO In accordance with the Contract Documents, based on site observations and the data comprising the above application, the Architects Certifies to the Owner that the Work has progressed to the point indicated; that the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. ENGINEER: L3 Date: Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT AMOUNT APPROVED CHANGE ORDERS TO DATE ADJUSTED CONTRACT AMOUNT TOTAL WORK COMPLETED AND MATERIALS USED RETAINAGE (10% OF TOTAL) TOTAL EARNED LESS RETAINAGE LIQUIDATED DAMAGES WITHHELD TOTAL EARNED LESS LIQUIDATED DAMAGES LESS PREVIOUS PAYMENTS CURRENT PAYMENT DUE APPROVED BY (Title) cc: Accounting City Clerk Contractor Engineer Project File DATE: SECTION 00100 INSTRUCTIONS TO BIDDERS WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project, "These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the fornt, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DE11RMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated time is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone dogs not have authority to authorize changes in Pricy or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph 10.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed stun or amount of time for Work actually performed pursuant to this Work Change Directive. Once: the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PR()CEED W1114 A CHANGE THAT MAY AFFECT TIME CONTRACT PRICE OR CONTRACT 11MES. A CHANGE ORDER, IF ANY, SHOULD BE CONSfDERED PROMPTLY. WORK CHANGE DIRECTIVE R on DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER's Project No. You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments. (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: ID Unit Prices Lump Sum 11 Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract $ Times: If the change involves an increase, the estimated Substantial Completion: days; amount is not to be exceeded without further Ready for final payment: days. authorization. RECOMMENDED: AUTHORIZED: ENGINEER OWNER By: By: EICDC No. 19104-F (1996 Edition) Pmpared by dse Engineers joint Contract Documents Committee and endorsed by The Askriued Genera! Conmctass of America and the Consamccon Specilcatiat a twhou. 10 Advancement of Consfrtx'ion Techroiogy Project: RTI Ntnnbta: From To: Date: REQUEST FOR INTERPRETATION A/E Project Number: Re: Contract For: Specification Section: Paragraph: Drawing Reference: Detail: Request: Signed by: Date: Response: ❑ Attachments Response From: To: Date Rec'd: Date Rend: Signed by: Date: Copies: ❑ owner ❑ Consultants ❑ ❑ ❑ ❑ []File Copyright 1994, Cotutniction Specifications boutute, Page of 3uty 1994 99 Canal Ceara Plaza, Suite 300 Alexandria, VA 22314 CSI Fonn 132A o! CerrStruclion Te�Onorogy CLARIFICATION NOTICE Clarification Notice Number: From: Date: -- — -- ,— -- -- — — A/F. Pmjcct Number: Rc: ContractFor: This Clarification Notice is issued for the pu rose of clarifying the Contract Documents based on an interpretation reasonably inferable from the Contract Documents, and therefore has no effect on the Contract Sum or Contract Time. Proceeding with Work in accordance with this Clarification Notice indicates acceptance with no change in the Contract Sum or Contract Time. Specification Section: Paragraph: Drawing Reference: Detail: Description: ❑ Attachments Signed by: Date: Copies: ❑ OWner 0 Consultants ❑ M ❑ ❑ ❑ File Copyrigtd 1994, Construction Specificatic Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA CSIt•orm13.3A 22314 ement advanfruct o/Cons7uclion Technology FIELD ORDER Project. Field Order Number. From: To, Date: A/C Project Number: Re. Contract For: You are herebv directed to execute promptly this Field Order which integ)rm the Contract Documents or orders minor changes in the Work without change in Contract Sun or Contract Time. If you consider that a change in Contract Sum or Contract Time is required, submit a Change Order Request to the A/E immediately and prior to proceeding with this Work. Specification Section: Paragraph: Drawing Reterence: Detail: Description of Interpretation or Change: ❑ Attachments Signed by: Date: Copies. ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑File Copyright 1994, Consnvction Specification Institute, Page of July 1994 `� 99 Canal Ceuter Plaza, Suite 300 Alexandria, VA 22314 CS Fonn 13 4A r: 0 Z_ 0 .j � � � O O � � V) w � � w w � � � Y Q O § & @ \ § j M. / 2 !! z va �\ER2 k 00 LL� ,• , ; rfl:im J`|| ||,|| ■ !| | ! ; .:! ..! A ...Mil A L I I fit jadaa ON It}Hill fli- [fill it I it fill fit ,I L t tl it id '10 fill 1 J if it. IF jil j It i fit .................. ...... ........ ----- - ... ... t Ml! f it it till t it It It, I I {(I' I F `t;} � Eg �y ` 4� III r� Fl � � �€�� s ¢' !�� � � � fji� � ��4� il��l���il��� -'� li �t ii }!§� � �� i? ���}}€' t If a If 1 t A Ft IH OAK S Lj U1 STREET CONSTRUCTION BUI I L�Dc' N G OLD Do DOCUMENTS- Cl� OF FT COLLINS. COLORADO ADDENDUM#3 W1 229 S. COLLEGE AW FT COWLISS, CO W524 (low 77 Lli`t }� 8 a( 7pl{e! 6 } iF t----...--... e 11HIJI}p'r}ti ;tsti`i tttjt tt}ittl}; t aI tt is 1 ii _,} irt._iei;Fiits IE.II.E f Ii}i'ti€iliIt�Yi'g[[L;f}[[{t�IfiP}I€}''risi}EP! Y i!F}F F• yi if}�}{!} }O,6Lf�eE: r I [If 1s1}!ff[ }t} t o a t�!IL [E E t F p 4�ii tr 1 i i t$fl !F } } itit It fit i+ ' e g OAK STREET RESTROOM CONSTRUCTION NBUILDING CUMENT S _n I, � A _ CV OF RCOLUNS. COLORADO 2Dl-MgS. COLLEGE AVE i'. COLDLNS. CO 805.0 DDUM #3 I HORIZONTAL CONTROL PLAN [WPK,MNMxI [ollgn.R Na 4r61MW V[4�W�IWf M! N ' iMMi Wo WfNLMM.R a'°°.n"'.wWP[�Y[Y' `RMgrt[s 4�. ^,1O'u`°"J[toO1"6r %PNW3 �rtFMC IrtP� O'uw�[ W [a. N.Y As[AW.xsMm[ [ [4 mfiW`W[usus Tk 6 µs Tt ui.[q miun�Yanum xaa[rvuw aeY xeuir xxsu.+[o VERI% AI. __—_—_—___ _- DIRTAII. CURB AND GUTTER I eex�v .�MnYerwr Win b[ _may ?� (M.ffidA}I[H CVP&4lnFA M'09OEN.LLF -6 VEPl,VA.fVPPGlY�Y1lEWNIt tiEL'i%IN A A (k �H:W VMW.9 STANDARD DATMLN FUR DRAINAGE UNDER SIDERAIX LWYfP ImnTY [omnuTtwY PnunY No. 1 Puns [.vnP ""sA ounwn f'[MlF} ITAYOND3 RAtE OI/01/0] %11D �rl, xn LEGEND: ---------- ABBREVIATIONS waew YY1811O1%.101 rrr rAn� •�� /o/s"ue[w"1 ITI =n NLrY[AA � N [Y�w m e u.mno esn na +n ium nm nn ee � � i a. � A m ne rm. npinp uq2 V w,Y W HANDICAP PAVEMENT MARKINGS HANDICAP PARKING STALL rorRre=0L Fw py wAmcl I oAru os/tt/u 16(1" i FIELD SURVEY BY: Wes[.. � A cnr of Ror[ c[�iDoP. Il I1'fI LI'f1' PLAN APPROVALRDVAi. n- RI Gi[�n ale—. `•� 6'. mnr �... �r n[. C 100 DII SA I i ..__.____---__________--_ EXISTING CONDITIONS AND DEMOLITION PLAN �� acl. , fmra .Ma�uR�. rv'•° n 0.ormxu�i4fv�JmY w.i 4FMfu�o.OW w.A»R.4Wm MUI1 Wf. AS! W.u.R rO � y� tl•W WOK°m su wm�n Min IXN• [ f � L - Rmn uux°"W�i Wu w m � .wr mLWw nc " Hill ---------- R O p LEGEND' ___ __ ® HIMIM � ®��vn u°�in•°°�m iu �� yam' � I � ^nu x¢ 3 r7-v W Ir r m • 1 �� O FIELD SURVEY l3V: O m,4�.e..r4w w w O GRADING PLAN Wm....a�...,.•. �. H i W K❑ U) of to � • e.wM Y Z O ❑ tITIUTI f Ferl Co1Lna, LW LITIPLAN APPROVAL VAL a l9j ln0� a.[o B.7iT.� ITm1.� l4iFi —1.�' 8• 16nGi4TW.9— 1..... snaal ci20o en e._ tiv O!l SM SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER. as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300. 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the vvgon �mvssx an . r,aT wn If =tti}� I3ilE3 'RTill rR�lif � i«l,g� - tt.li t•i i tltj! �tR 1i!•tia d i i � 6 I RE `[ R ij 11 i i if — 11 P i[if i i i �R�R ii f tRl 13 g r ; _ _ ='i } { i7 �9 lj { [fi mEI t{ 7 1 1R L . a a � P! � ip d !s $ .lit IiP •} •` � of �l tl i•y a i i PI it et(: i { ::11 1 .. ;;-i`'1(s�llllt`�i��1;!s�� Eal� i1 f' Ra lilt lip' IR !�i ! t 1, i�Ft { ';{ilia }a i(lif /�i t,1 R �i�8{t �l� �lii� ( €l�llHIM R i iilii # �l e` , li;€ai�}; �0fli �'i �R,F? I jR1;{t� Ij; i it $i R';t t t �IKF2,�9ME110M :., i .:. xxu)eci �sTaxnanoy OAK STREET RESTROOM rC Ri6R8�1 ; BUILDING Aga { o Y CRY OF FORT COLUNS, COLORADO =�=si 201-229 S. COLLEGE AVE FT. COWN5, CO 80524 ••' i 6 t A ` 110 E�$i�y !If } 0¢ d R Jill 1 B [ a ,i€ ¢ I�l i ?:i R {fl a E c ¢ a a _ - QY •w y _ ' - [ 0111111111111111eudd00 °iiiwu� m�� Ill ADDENDUM 3 it F. IN q if i oil .4 I . 49 uj If 111 g'a 4asov - - - - - - - - - - - - - - - - - - - - - if If iS@g=18 WIN e/ -'E of ul '..ease A OAK STREET RESTROOM BUILDING ADDENDUM 3 CM OF FORT COLLINS, COLOMDO FIR) zz.�.N 1201-229 S. COLLEGE AVE M COLLINS, CO 80520 0 b ilm + ! , . \--'- ` �z & = m §| / . � | � � ,) . ) �p ) 1 § « ; I , ^ \� H I OAK REs oM ; BUILDING ems.=., Z � «» « C; ? < . z « w w yy : 22 ` \ \� _ _ AVE CO �8 .11.11 .1- .. , . .11 IS IS j --Es . Ski is I I ! A EZ o Be.91 11W E1 l ill lip lM . j pit ig t i 11 Iplo 2i1-! imuilliffiliii HVENIM 18111il iguasplailp M M Ski 1p U Ski > ED 7O;AK;STRE ET RESTROOM BUILDING I �pj� UILDING OF , LL� 'S CI'v OF FT COLLINS, COLORADO 2�R S E.�.E AVE " COLULN5, CO 805.24 =1-229 S. COLLEGE ET RESTROOM 7Co' STRUCrION 7W7DOCUMENT5- 7COLORADO ADDENDUM 936 AVE FT. COLUMNS, CC 90524 , 4Yb���u•mw .•wnn c OAK STREET RESTROOM BUILDING ofrt.couws, mloaaoo Qj Ci CONSTRUCTIONDOCUMENTS-crcv 7;r-ll ADDENDUMp3201�229 S COLLEGE AVE Ft. COWLNS, CO BC52< ....... .. .. .......... ..... ......... 1 - --------- f :11 IIIM fill! it illi oil I IM111 P I 1! 1 1 !1 F" V, I A lit, . 1 1 ir A ij F PIN ------------ k ------- it JI tr ftff L if lift 101 1 1 A -A Lit fir it {s � � ' t `t i �'F= ! tgi}f i{i {� � , `fija' iiy lr i i t ii �' � [ �: t . � €�� } S . . . . . . . IS S' . lf;! . . . .. .Ir III{ Itfi I�I IIII t .H Aiiz . . . . . . If it t It ti lI A Iit I t i A IF A A A > ri DO n CONSTRUCrION BUILDING CRY Or R. COLLINS, COLORADO ADDENDUM #3 DOCUMENTS- MI-229 5 COLLEGE AVE " COLLILNS, CC 60524 iv, 0 OAK STREET RESTROOM unuvrna I''..... m J_#1# F 1?il�ili: Ifil�€(l dg;a €;I? fl [if {lailj[Flj'gr +lI1 }?%ItYE°i:(Il jlt(LIt��1sIE ItIfIJ� �`iY EFj }LF,F1J{EI3iF3[ I{s �(f s Ft{ F ?ti{S 1 =FaJaij [Ft[Ik[ Q L fptlpr[]}�II€ F1't !e rig 1 1 d F le Fe r,. 1 j o al F� f�Ff.? Ylll Fr IF FI]II Fs Fs?1F a=F I°FI;F tIFI}l� ;[I ��} F:$?jfE fii R,Ills 7 Y L F L 1 HIM, FS(HI F�el isli ;#iJblt? It iIF .i 111FF ` i' jilt I, III fie°Y,I �I jjF ¢; 3LI�F F-F t [� F l iE Itlllt� pt P1L L i 1 R I=°la?III #[ e# F3 5 t' i i Ili It �i�P r 11 F #I i4F 1 (i ?F?'FIEI 1 t� tl- j L I ; t it F 1{ iiI 1 1F It°fF ti[ FQ is ? Y lfiYlFf W l f° It; F= !° ,it I t iF E el it f:;i F� 1 i F F i jft=•° J F c c. _.......__.. _.._..-.,...... .... ............. ....... ......... ..-.-'_- eqq%e"P ifIpgEI H (j'H)) 5 e it I[ teeF#IIF s'e. esF FgF[: evi p. F jj Ft p gg 1. g1Hi8 iIF9l I�q II�IC{IE61 ll; Jjll 1 TIFF. €"P17'H FIFe$ eFllFll�t �It-[..deFp 11F;F9-i 33 aeSQ F''9IH It [ is HE I a� H Fq F1iHYI 3: 3u-t fIl Fa• aFi t F YF °56 `Sy'tf S9[ ll I f6j1E aF ltfs eH li#iFYF_ill Ftt FIHe �I a jFl t�i 1 I4rFl itFiFE�� BY I F{ia � iFSF�F ze� H H[ i t•ta H} F Fo IFFH,lY :!°[It�llt�=i, jj ` 1 ttFF I iF i �4 �El?FIO I � !I l 'tYs(i B�IIS .:i?1# YF• F �F 4 1t � is # °l° I L g t 1i , l# tF SIIY Fk i � I7i1tt11 r=' II % Io � l� F IIiF i 1FF F t � [I ;it? 1 F I ISgIq�I l_ FI � tLs aa{ i 1FF L t j.Jl 1 { � li D P OAK STREET RESTROOM tz n� - 2 C BUILDING �3 CONSTRUCTION DOCUMENTS- 4 J �{ i t CIivDYRCOLLINS, C0l0RFD0 S F I 3 y F 'e - ADDENDUM U3 �o F nm a - - 301-3395. COLLEGE AVE FT. CDLLILNS, CO 80524 1 � H IS 1EIIIIIIii[ISIP a a a 0 g OAK STREET RESTROOM BUILDING > 13 CONSTRUCTION DOCUMENTS- s 7i CM OF VT.COLLINS, COLORADO ns' 0 a ADDENDUM113 201-ng S. COLLEGE AW F COLLILNS, M $0524 ................ .. ....... ........ If fif .1 Ili fit! fit 1 ffIr v I li5i F A I It if f ;if ht.-. A! A A 1 15 fill it Z j, it H, lit Ij HI A It I if 2 - ; 3 1 If If ri I I 9s 1L if Ail I I t A 1 1 i it• F A A I I A A A till 1 1, 1 A I A if A A, IR A A pig if! A it q I II I ]A A A 1,rrgwg1I;,g, ILI, nill ft. lit IRA A A! i Hill Aim 0 If 11, 1 it"igl if fit A Hi if A 9 A Jim L . , iiP A 1 1 F ft Fill If Lit t if 1•Z Ziff 11115 A AD I lit if I lit At. isp A if 1 A I A I A A, A I A 1 1 A A, I I A A i;jqA A, Ai it'l ...... pi - ilei a. i I I R11JF A fit A IN it F it I iA I 1 HIH 4 1 1 11 1 A t A Ali F- I'll A ji, Ail !1 1 lei A- A ?I it I A.LTi A A $�iHt-t9ae I A A 91 If, , 1 1 1 1 1-1 l 11 1 1 !1 ! it4 L L!sej i lffit pi. I itS It tip 1 2.1 if it 12 A At A, z A it I it jj'! A it* F, 5 if fitA A A Er RESTROOM C010MD0 CONSTRUCTION DOCUMENTS - > >m F ADDENDUM #3 + AVE F. COLULN5, 00 90524 1 ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work. (c) familiarize himself with federal. state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work. (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques. sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 44mi�rii.mw .ro.Am MININm M 1- g -4 1 1 1.1 Y'rjjt 1 �tiEf$ pltl} ii I g STREETRESTROOM '-.`?: p� A, EB ee} I n a BUILDING T CONSTRUCTION y �� E`:f i = I _ utr oa pr. couws, COLOHAmo ��� DOCUMENTS-00 p F i _ i ma�� x (7- ADDENDUM 93 m j IaJJI^' e 3015]95. COLLEGE AVE FT. <OILILN5, CO 80524 �^ L ' U WAL,111.- .ry . ° E o s t" ' y _ OAK STREET RESTROOM BUILDING v of Er carvs, lo9aoo wro Q CONSTRUCTION e DOCUMENTS Cl x O ADDENDUM a3 201229 S. COLLEGE AVE". COLLILNE. CO 9O524 J 1 mp{ o*c—mmY- N WIF !UI 2 !7STRREETc.LM k _m.p0 01-229 S. COLLEGE AVF R. /w=_ • ---------- 111- 011, HII HHHHH'I I V I liffl"llffl! E ............ ....... ,fit I'tj FYI,, jj� ;j 'j, it 5wo IF I IL OAK STREET RESTROOM BUILDING CONSTRUCTION DOCUMENTS- C" OF FT. COLLINS, COLOWO ADDENDUM #3 MI-729 S, COLLEGE AVE FIT. COWUIS, CO 9O524 Fit A k I OAK STREET RESTROOM CONSTRUCTION BUILDING DOCUMENTS- CITY OF FT COLLINS. COLORADO 11 - ADDENDUM 93 201 2295. COLLEGE AVE ". COLMNS, CO W524 is w 7 C2 !!F1EMDCF1UNG PUN - CLERESTORY: I . L A215M CI I REEL CEDING PUN " I LEGEND- W1FREOMWNG PUN R O'B ARCHITECTS GENEML NOTES- MKIMOCUUNG PUN GENfm NOM: ROOF PUN ..... .... ... Cftyo s At� �o Ezz::)o , ti z -I., I Fs 11H Ir NSTRUCTION tD E CO UMENTS - DG 0 C .5 TROOM 7DENDU M #3 I.. -CRY OF AD LILNS, CO SOS24 m i m r x OENNILL WM-EINRHES D'S1W.-"�— IMIMIWE.EAST D3I7 Hl+LSOYEH D21uOIM5- MV 1 CS m1up�NOA H C4171ur 1. Ensr Ca m nt.wu X c� 1 roI E i. Ww ,j A2I7PIGE MOYNTINO XlMNR -. Ail!",0N-BENCH c 1NONADAPESTWOM IRB+B ARCI117 LCTS �. FortColons IF I �4c A ------------ >11 1 7.1 + > OAK STREET RESTROOM CONSTRUCTION _G' BUILDING DOCUMENTS- OF FT. COLLINS, COLORADO m ADDENDUM#3 2 �.O ' S i 01-229 S. COLLEGE AVE FT COLLINS, CO W524 'o (73 1 IA 8 A I GMM O COINER s '.%4YS�AYLffi4� fW=- _ `Wf IW4_ ODDR V1WFlM6 ODO RNINFLMES C30WX4MR -- B3 yw NfM g A410 g DORMER Of OEEMNO W/LOOSE LINTEL A3I°OW'"cS"wb RET C•2IOLT2wc MM. AZS. ECTION- EOONOATR)N C1 Pw OUAK- WAu a RLAZNN A lI RASf Of WALL 'RB+b ARCI II I LC 15 ' Foi�t��ns A561 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement'. The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an AmM , i}} VISMMSN1I1103" 3er 393110YS aZr'tU W= oarro,a3 gmaims MOUSM133a1SMYO �5 a gg e '$ � � ri3.r5aQ?8eae.eQ:ege"S r�§_;'r a$, z3:vcZ'€••;re � O��i Eci p s�d9ia� ,s°°aaa a3]° $ ytFs e $Qa H �4 ! pp �� ! �gg �,$ � � Q � Q�t��� F S.F� E � A� �� ! H� a t g Pdg� rH eE _ 6 ° r H� a H � ! 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H °� o.! � � !i�i ill as€� E; `•.€ !H f!'! !'! �t°' a! it�ii 1g� 1 l i i�t H �t H sr' €Ef 5 ga U O DOMESTIC PLUMBING PLAN 4YS r•r rmmm. _ _rIf aio f PLUMBING MW ns PLAN ) ew.r1 r•r• P. ` m O ROOF G O MECHANICAL PLAN ay.: ,x•rr 0 O ® ERV AND DUCTMRK CROSS SECTION r•r' rat .a, RB+B ARCHHECIS KEYNOTES Q ... • " > Fammort6 SEQUENCE OF OPERATIONS r•r• !a — a MPl.l PIPE WALL PENETRATION r m�A• nYMY VENT THROUGH ROOF DETAIL tin .w .anr. a.r. mwr.l w w w ....ter........ _ + w o _ w _.. - ...,w...wa.w..wo - i &- 77V - xw re y�L LT T I� /— mlr n ? I/ nlYyY ATx4"u: I Mry �d / LEFT MEM FA F.IIIIYANC WMY RA mmbAYbb�iAWIYe ® Ai1M4bAYb CSIDEWALL GRILLE l.x.: xT& n / TYPICAL DUCT CONSTRUCTION DETAIL lex: xu. a :4f - ism o 77V -{ IS•b- 1 i � L..I_ TOA� A t 'I — IT FRO VIEW RGKTVIEWS ur d.e .se _ w I 1 I. SOITOMVIEW ENERGY RECOVERY VENTILATIOR DETAIL I RB B i Mi 03 a� C O 9 c N a r �c ip >' m • p � A O O 3 IQQILT➢�1or anaa 'ONIrmnuman ONISdv pgf' slallIH av ifNn m moray n. 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J ..-. RB B APS, INC. e�ecralcu enaneeaa ai W.-am increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors. suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals, in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids. or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed. OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title. Bid No.. and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications. and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids. OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors. Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors. Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION City Of Fort Collins Purchasing ADDENDUM NO. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2"d Floor PO Box 580 Fort Collins. CO 80522 970.221.6775 970.221,6707 fcgov.com/Purchasing Description of BID 8452: Downtown Restrooms - Oak Street Restroom Building OPENING DATE: 3:00 PM (Our Clock) February 1, 2017 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 and Answers Please contact Gerry Paul, Purchasing Director at (970) 221-6779 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. SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT: 8452 Downtown Restrooms - Oak Street Restroom Building Place: Purchasing Division Date: February 1,2017 In compliance with your Invitation to Bid dated January loth , 20 17 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized. to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of Five Percent of the total bid amount ($ st ) in accordance with the Invitation To Bid and Instructions to Bidders. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total- of this Bid within fifteerr (15) calendardays from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment Bonds is as follows: Travelers Casualty 8 Surety Company of America / Flood S Peterson 20 Box 578 Greeley, CC 80632 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. 1 through 2 8. BID SCHEDULE (Base Bid) Total Base Bid (Lump Sum) //,, $ In wordsAlt CliltG% 'Ah'�f;im;!✓ d doll&l i -� P"'J�//Oil 9. PRICES The foregoing prices shall include all labor. materials. transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. (Seal - if Bid is by corporation RESPECTFULLY SUBMITTED: Construction Concepts, Inc. Printed Date Pi'eaident Title Fort Collins Licerse # C1-65 License Number (If Applicable) Address 14125 Mead Street Longmont, Colorado 60504 Telephone 970-535-0600 Email dar.Oconstr,ctioncorceptsinc.com SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Construction Concepts, Inc_ 'travelers Casualty and Surety as Principal, and Company orAmerica . as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, In the sum of $ Five percent (5° 0 or total bid for the payment of which, well and truly to be made, we hereby jointly and severalty bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter Into a Construction Agreement for the construction of Fort Collins Project, 8452 Downtown Restroams - Oak Street Restroom Building. NOW THEREFORE, (a) If said 81d shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract In the form of Contract attached hereto (property completed In accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or fumishing materials In connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain In force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, In no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of sold Surety and Its BOND shall be in no way impaired or affected by any extension of the time withln which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business In the State of Colorado and be accepted by the OWNER. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of February 1 .2017 and such of them as are cor porations rporadons have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Construction Concepts, Inc. Addneax 14125 Mead Street ATTEST: By: (SEAL) SURETY Travelers Casualty and Surety Company of America One Tower Square Hartford. CT 06183 B - TIUe: Attorney -in -Fact, Darlene Krings (SEAL) WARNING THIS POWER OF ATTORNEY lS INVALID WITHOUT THE RED BORDER •A1r POWER OF ATTORNEY TRAVELERS] Farmington Cusuully Cumpuny St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Undcrwrilers, Inc. Travelers Casualty and Surely Company or America St. Paul Fire and Marine Insuruncc Company United Stairs Fidelity and Guurunl Cumpuny St. Paul Guardian Insurance Company AtlorneyIn Fact No. 229441 Certificate No. 006775060 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Fire and Marine Insurance Company, SI, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surely Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laps or the Stale of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and Guaranty Insurance Underwriters. Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein colleciocly called the "Companies'), and that the Companies do hereby make, constitute and appoint Darlene Krings, Kelly T. Urwiller, Diane F. Clemenison. Anthony P. Stiniac. Royal R. Lovell, Russell D. Lear. Katherine E. Dill, K'Anne E. Vogel, Steve J. Blohm. Wesley J. Bulorac, Dulce R. Huggins, and Sandra L. Schifferns of the City of Greeley . Slate of Colorado _ , their true and lawful Anomcy(s)-in•Fact, each in their separate capacity if more than one is named ahtive, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business or guaranteeing the lidclay (if persons, guaranteeing the performance of convicts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and their corporals ssals to be herein affixed, this day of May 1 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Cumpuny Fidelity unit Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Puul Guardian Insurance Company 5th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surely Company of America United Stales Fidelity and Guaranty Company L•S y • `rY IY,f(. lY0 1, •SQ v p .fI(y, � - i �O. �........ • .1r�'� r1 �+1• a CJt "°+.� � r Stale of Conn"licul City of Hanford ss. By: 'Gu Rohn L. Raney. Senior Vice Presii1cm On this the 5th day of _May 2016 , before me personally appeared Rolm L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Pau) Mercury Insurance Company, Travelers Casualty and Surely Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes Iltercin contained by sinning ran behalf of the corporations by himself as a duly authorized officer �.TF)• In Witness Whereof, I hereunto sat my hand and official seal. �,�QTai� My Commission expires the 30th day of June. 2021. tC+ 'OfJ>lL1G t 'MV t:'f�� 58440-5-16 Printed in U.S.A. NZ Varic C. Tcucault. Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, elity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insumnec Company, Travelers Casualty and Surety Company, Travelers Casually and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect. reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Cnrpnmtc Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agehus to act for and nn behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe Ili sign with the Company's nine and seal with the Company's scat bonds, recognizances. contracts of indemnity, and other writings obligaory in the nature of a blind. rccognitance, or conditional undertaking, and any of said officers or the Board of Dircclixs at any time may remove any such appointee and revoke the power given him or her: anti it is FURTHER RESOLVED, that the Chairman, the President. any Vice Chairnwn, tiny Gxecutivc Vice President, any Senior Vice President or any Vice PresidcnM ntaiy delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided dim each such delegation is in writing and a copy thereof is filed in the office of the Secretary: and it is FURTHER RESOLVED. that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a Mmd, recogmtance, or conditional mulcnaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer. any Assistant Trcusurcr, the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under scat, if required) by one or mnrc Atmmeys•in-Reel and Agents pursuant to the Power prescribed in his or her certificate or their certificates of authority or by one or more Company nffhcen pursuant to it written dclegatinn of authority: and it is FURTHER RESOLVED. than the signature of each of the following officers: President. any Executive Vice President, any Senior Vice President, any Vice President. any Assistant Vice President, any Secretary. ;my Assisiani Secretary, and the seal of the Company may he affixed by facsimile to any Power of Attorney nr to any certificate relating thereto appointing Resident Vtee Presidents. Resident Assistant Secretaries or Auurnevs-in-Vul for purpow% only of executing and attesting blonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate licaring such facsimie signature or lacsirnile seal shall he valid and binding upon the Company and any such power so executed and cenifted by such facsimile signature and facsimile seal skull le valid and binding on the Company in the future with respc-ct to any bond or understanding to which it is attached. 1. Kevin E. Hughes, the undersigned. Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters, Inc.. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Americo, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy or the Power of Attorney executed by said Companies, which is in full force and effect and has not Iecn revoked. 1`` IN TESTIh1ON5' WHEREOF. I have hcmunta set my hand and affixed the seals of said Companies this I �-t day of JQut L.(Olt V . 20 i? . I:erinf L`Flugheistanr Sec tart' -I.64 .ri ♦ \M �YS ��34 tr �4a 1 r �G,i r�e xs6 0 1977' g �•m —! � t i^ i `"" r ` o nrxrrent. a m'"m°ae e � t�� To verify the authenticity of this Power of Anormcy. call I-WX)42t-3RR0 or contact its at www.lrnvelmhond.com. Please refer to the Annrncy-In-Fact number, the above -named individuals and the details of the bond to which the Power is attached. OF ATTORNEY IS INVALID SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS Alt questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: Construction Concepts, Inc. RAI 3 Permanent main office address: 11115 Mead street Loncmont, Colorado 60504 When organized: 1991 4. If a corporation, where incorporated: Colorado 5. How many years have you been engaged in the contracting business under your present firm or trade name? 26 "ears 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) :.ogent Water Technologies- 1.9 Million- 03/01/2017 Ghent Chevrolet- $400,000.00 04/01/2017 often Petroleum- $600,000.00- 06/01/2017 Cara Rememloer When - 3.5 Million-01/01/2018 7. General character of Work performed by your company: 0 Project Management & rough carpentry in Commercial Construction Have you ever failed to complete any Work awarded to you? NO If so, where and why? 9. Have you ever defaulted on a contract? 4O Seth Rains 30 years experience Construction Management Degree- Project Manager Rich Brayden 10 years experience Construction Management Degree- Project Manager 15. Credit available: $ i Million 16. Bank Reference: Please see Attached 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Yee 18. Are you licensed as a General Contractor? Yea 19 20 If yes, in what city, county and state? Ft. Collins, Denver, Aurora, Adams County, Loveland, Longmont Louisville, Greeley, Colorado What class, license and numbers? A, C1-65, Fort Collins all others available upon request. Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? eighty Percent (60%) And to whom? Pre -qualified "Low Bid" Contractors Are any lawsuits pending against you or your firm at this time? No IF yes, DETAIL 21. What are the limits of your public liability? DETAIL 1 Million per person / 2 Million Aggregate What company? cincinatti 22. What are your company's bonding limitations? 7 Million 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Exhibit 1 Questions and Answers 1. What is the construction budget for this project? The City's construction budget for this project is $220,000 - $330,000. 2. The door and hardware specifications seem to be incomplete. The original drawings showed stainless, however, the value engineering to hollow metal was a significant savings. Please confirm the door specification. The City recommends a heavy duty galvanized hollow metal door and frame that will resist corrosion from salt during winter months. 2.4 EXTERIOR HOLLOW -METAL DOORS AND FRAMES A. Construct exterior doors and frames to comply with the standards indicated for materials, fabrication, hardware locations, hardware reinforcement, tolerances, and clearances, and as specified. B. Maximum -Duty Doors and Frames: SDI A250.8, Level 4. For all exterior hollow metal doors and frames, unless indicated otherwise. 1. Physical Performance: Level A according to SDI A250.4. 2. Doors: a. Type: As indicated in the Door and Frame Schedule. b. Thickness: 1-3/4 inches (44.5 mm.) c. Face: Metallic -coated steel sheet, minimum thickness of 0.067 inch (1.7 mm), with minimum A40 (ZF120) coating. d. Edge Construction: Model 2, Seamless. e. Cc: Manufacturer's standard polystyrene or poly isocyanurate. 3. Frames: a. Materials: Metallic -coated steel sheet, minimum thickness of 0.067 inch (1.7 mm), with minimum A40 (ZF120) coating. b. Construction: Full profile welded. 4. Exposed Finish: Factory primed. 3. Does the City wish to reuse plumbing fixtures? The City does not intend to reuse the existing fixtures and plans to use new fixtures. Dated at this lgc day of Feb uary 201� Company at tion Cons9fts, I By: Title: cr•sla State of Colorado County of Weld Printed: Dan Grelle being duly sworn deposes and says that he Is Dan elle of Const=tion Concepts, Inc. (Name) (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this lst I WX w ",�o :r My commission expires:f&�! (} aTi 8UNDALYN RAE P NOTARY PUBLIC STATE OF COLORADO NLTARY ID 201440IS292 MY COMMISSION EXPIRES MAY& ame CONSTRUCTION CONCEPTS INC. 14125 Mead $traet Longmont Colorado 80504 9-970-535-9600 F-970-535-9299 TRADE REFERENCES Beltway Concrete 301 Centennial Drive Milliken, CO 80543 Phone: (970)587-7273 Fax: (970)587-7220 Collins Door & Hardware, Inc. 394 Delozier Drive Fort Collins, CO 80524 Phone: (970)221-2396 Fax: (970)221-3856 Corman Mechanical 1040 36's St. Evans, CO 80620 Phone: (970)330-2216 Fax: (970)330-6220 BANK REFERENCE Guaranty Bank & Trust Longmont, CO 80504 Contact: Irma Kozak Phone: (303) 293-5500 Ext- 5393 Fax; (303) 678.4170 INSURANCE,BONDING Flood and Peterson Insurance 401 Main St Fort Collins, CO 80527 Contact: Darlene Krings Phone: (800)8I0-3878 Travelers Casualty & Surety Co. P.O. Box 173713 Denver, CO 80217-3713 Contact: Mama Jackson Phone: (720)200-8406 City of Fort Collins 2iceaac Wit. _ C1-65 Y&J "Aapj b Construction Concepts, Inc. Dan Grelle CLASS C1 GENERAL CONTRACTOR — Building Types III, IV and V Construction up to 3 stories .Da&.7oorred.•]une 01, 2016 _ £rpha4a i.7a&.]une 01, 2018 C'oalraclnr 5'lyualiac L'Alc�'.7iuiGlurg !'i�ficla! SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM CMU BLOCK ROOF HVAC PLUMBING ELECTRICAL DEMO/SITE PREP SUBCONTRACTOR tot. fig 318^i:71 SELECT ROOFING AIR COMFORT PATRICKS PLUMBING RAD ELECTRIC CHAMBERS EXCAVATING SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: March 28, 2017 TO: Construction Concepts Inc. PROJECT: 8452 Downtown Restrooms - Oak Street Restroom Building OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated February 1, 2017 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8452 Downtown Restrooms - Oak Street Restroom Building. The Price of your Agreement is Three Hundred Two Thousand Seven Hundred Seventy -Nine Dollars ($302.779.00). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by April 12, 2017. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. Cityof Fort Ilins�� OWNERVY By: Gerry Pa Purchasing Director SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 28th day of March in the year of 2017 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Construction Concepts Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 8452 Downtown Restrooms - Oak Street Restroom Building and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by RB+B Architects, Inc., 315 E Mountain Ave., Suite 100, Fort Collins, CO 80524, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Completed by the Contractor, in accordance with Article 14 of the General Conditions, as evidenced by the issuance of certificate of Substantial Completion, within One Hundred Twenty (120) calendar days after the date when the Contract Times commence to run. 3.2 The Work must be completed by the Contractor and ready for Final Payment and Acceptance in accordance with Article 14 of the General Conditions within Thirty (30) calendar days after Substantial Completion. 3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence under this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 and 3.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated Damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Hundred Fifty Dollars ($150) for each calendar day or fraction thereof after the date of Substantial Completion as provided in Section 3.1 above. 2) Final Payment and Acceptance: One Hundred Fifty Dollars ($150) for each calendar day or fraction thereof that after the date of Final Acceptance as provided in Section 3.2 above. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Three Hundred Two Thousand Seven Hundred Seventy -Nine Dollars (5302.779.00), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions, 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion. Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but. in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer. Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00960. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost.. progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions, and no additional examinations, investigations. explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations. examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions. Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions.. and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: SHEETINDEX G000 COVER SHEET G100 SPECIFICATIONS -01 G101 SPECIFICATIONS -01 C CIVIL C200 GRADING & DEMOLITION PLAN C 100 HORIZONTAL CONTROL AND DETAILS S STRUCTURAL S101 GENERAL NOTES, SPECIAL INSPECTION TABLES, SHEET LIST S102 FOUNDATION PLAN, ROOF FRAMING PLAN, DETAILS & ELEVATIONS S103 DETAILS SHEET INDEX A006 SPECIFICATIONS - OS, 06, 07 A007 SPECIFICATIONS -07 ADDS SPECIFICATIONS -07 A009 SPECFICATIONS-08 A010 SPECIFICATIONS -08 A011 SPECIFICATIONS -D9, 10 A012 SPECIFICATIONS - 10 A101 LEVEL ONE FLOOR PLAN, ROOF PLAN, REFLECTED CEILING PLAN & CLERESTORY PLAN A201 EXTERIOR ELEVATIONS, EXTERIOR DETIALS & WALL TYPES A221 INTERIOR ELEVATIONS A301 BUILDING SECTIONS & DETAILS A561 DOOR SCHEDULE, OPENING DETAILS, FRAME TYPES A ARCHITECTURAL M MECHANICAL MP1.0 LEGEND SHEET AO01 ARCHITECTURAL GENERAL NOTES MP1.1 MECHANICAL AND PLUMBING PLANS A002 SPECIFICATIONS -02,03 MP1.2 MECHANICAL AND PLUMBING DETAILS AND SPECS A003 SPECIFICATIONS-03 A004 SPECIFICATIONS-03, 04 E ELECTRICAL A005 SPECIFICATIONS -04,05 ED ELECTRICAL LEGEND, SPECIFICATIONS, DRAWING INDEX E1.1 ELECTRICAL LIGHTING AND POWER PLAN & SCHEDULES The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying.. or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS City of Fort Collins Purchasing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2itl Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221,6707 fcgov.com/Purchasing Description of BID 8452: Downtown Restrooms - Oak Street Restroom Building OPENING DATE: 3:00 PM (Our Clock) February 1, 2017 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 — Prebid Attendance Sheets Please contact Gerry Paul, Purchasing Director at (970) 221-6779 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 4 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound. and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants. Agreement and obligations contained in the Contract Document. OWNER: QMMF FORT CZWL 0 GERRY PA�k PURCHASING DIRECTOR Date: y Lz 1 417 �Ogt CO(4'y �Att City Clerk o: o0 Coi �Qp Address forgiving notices: P. O. Box 580 Fort Collins, CO 80522 Approved as to Form Assi ant CiAttorney 11 CONTRACTORy-QONSTRUCTION CONCEPTS INC. By: PRINTED Title: Z""")✓j� Date: I (CORPORATE ) Attest: Address forgiving notices: a j�l License No.: 21749 (%/ SECTION 00530 NOTICE TO PROCEED Description of Work: 8452 Downtown Restrooms - Oak Street Restroom Building To: Construction Concepts Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within () calendar days from receipt of this notice as required by the Agreement. Dated this day of 20_ The dates for Substantial Completion and Final Acceptance shall be 20_and _ 20_. respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR: Construction Concepts Inc. By: Title: SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. 106648241 KNOW ALL MEN BY THESE PRESENTS: that Construction Concepts Inc. 14125 Mead Street, Longmont, CO 80504 ( t ki itkY4), ( to 4), (a Corporation), hereinafter referred to as the 'Principal' and (Firm) Travelers Casualty and Surety Company of America (Address) One Tower Square, Hartford, CT 06183 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 Three Hundred Two Thousand Seven Hundred Seventy - Nine Dollars ($302,779.00) 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 28th day of March in the year of 2017, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8452 Downtown Restrooms - Oak Street Restroom Building. 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�NHEREOF, this instrument is executed in three (3) counterparts, each one of which sh a emed an original, this 6th day of April , 2017. IN PRESENCE OF: VQ (Title) (Corporate Seal) IN PRESENCE OF: I PRESENCE OF: . Witness (Surety Seal) Princl C structio once Inc. 41 (Title) 14125 Mead Street, Longmont, CO 80504 (Address) Other Partners By: Surety Travelers Casualty and Surety Company of America By: K Da lene Krings ttorney-in-Fact One Tower Square, Hartford, CT 06183 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00615 PAYMENT BOND Bond No. 106648241 KNOW ALL MEN BY THESE PRESENTS: that Construction Concepts Inc. 14125 Mead Street, Longmont, CO 80504 (asrkt kwdual), (afQwtrae , (a Corporation), hereinafter referred to as the 'Principal' and (Firm) Travelers Casualty and Surety Company of America (Address) One Tower Square, Hartford, CT 06183 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 Three Hundred Two Thousand Seven Hundred Seventy - Nine Dollars ($302,779.00) 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 28th day of March in the year of 2017, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8452 Downtown Restrooms - Oak Street Restroom Building. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of w�ch shall be deemed an original, this 6th day of April 2017. (Corporate Seal) IN PRESENCE OF: I PRESENCE OF: Witness (Surety Seal) Prin C struction Co epts, Inc. tiJ r� (Title) 14125 Mead Street, Longmont, CO 80504 (Address) Other Partners By: Suret Travelers Casualty and Surety Company of America By: Daz en Krings, ttomey-in-Fact One Tower Square, Hahford, CT 06183 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER MW POWER OF ATTORNEY TRAVELERSl Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229441 Certificate No. 0 0 6 7 7 513 0 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Darlene Krings. Kelly T. Urwiller, Diane F. Clementson, Anthony P. Stimac, Royal R. Lovell, Russell D. Lear, Katherine E. Dill, ICAnne E. Vogel, Steve J. Blohm, Wesley J. Butorac, Dulce R. Huggins, and Sandra L. Schifferns of the City of Greeley , State of Colorado , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. RV WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this .fay of May 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 5th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company C,'MIRy'G9 JP+�xSyyaM1 �p�tv M'p 0` C,,p Syp.,_4��Tr p C�`r �T'pPVRNA) � P�' OR4 f� p' 9T //'•+`�'� e #'��6 n � y.977 aen'R<MatFD x m� �' tl� if� -T��v i XAflI101n, �Mc4fFerQ S- < °1�am 1982 0 State of Connecticut City of Hartford ss. By: �� Robert L. Raney. Senior Vice President On this the 5th day of May 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 09A� In Witness Whereof, I hereunto set my hand and official seal. Vly Commission expires the 30th day of June. 2021. Marie C. Tetreault, Notary Public 58440-5-16 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vic President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary: and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my band and affixed the seals of said Companies this day of 20 _ Kevin E. Hughes, Assistant Sec t:u, d f d' !�' a • 4 O 9 0 ......... Ra �o� C ��y^swnv pF11t 'tM1b ° t�f� S ° Sc 79%'7 g 1951 ® "t � n i^� sa e`�... rantwono� a eurtrrolo. L t' �om�f +/ . �� ! � �UF,\NGE� �15. AN�a lye:....... •nM� LI1 ' '+i� 'YI V'fi\' I"'// Altt`. To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. OF ATTORNEY aco F4/1CERTIFICATE OF LIABILITY INSURANCE DATE 1 DDf/2017 �i- 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 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pol(cy(iGS) 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). CONTACT [PRODUCER Karole Peters Ewing -Leavitt Insurance Agency, Inc. 4025 St. Cloud Dr. Suite 100 Loveland CO 80538 INSURED Construction Concepts Inc 14125 Mead Street CO 80504 NAME: PHONE (970)679-7355 FAX (A/C, No, Ext): _ IM No:_ (866) 237-2178 ADDRESS: karole-petersQleavitt.cOID INSWRER(_S) AFFORDING COVERAGE ARKS INSURERA:Cincinnati Insurance Co 10677 _ INSURERS:Pinnacol Assurance 41190 INSURER CAtlantic Specialty Insurance 27154 INSURER D : INSURER E : COVERAGES CERTIFICATE NUMBER:16-17 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. ILTIRR TYPE OF INSURANCE ADDL SUER POLICY NUMBER M/DDY� MMIGD EXP LEM A X COMMERCIAL GENERAL LIABILITY EPP0162368 10/1/2016 10/1/2017 EACH OCCURRENCE $. 11000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 X Blkt Additional Insured MED EXP (Any one person) I $ 10,000 $ 1,000,000 X Blkt Waiver of Sub PERSONAL & ADV INJURY S 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE POLICY X PRO- JECT LOC PRODUCTS-COMP/OP AGG_ S 2,000,000 $ 11000,000 OTHER. Employee Benefits AUTOMOBILE UABWTY EPP0162368 10/1/2016 10/1/2017 COMBINED SINGLE LIMIT (Ea accident) 1 $ 11000.000 X ANY AUTO BODILY INJURY (Per parson) $ ALL OWNED SCHEDULED BODILY INJURY (Per eaoiden0 S AUTOS AUTOS X X NON -OWNED PROPERTY DAMAGE _ $ HIRED AUTOS AUTOS (Per accident) X Blkt Al X BIM WOS $ A X UMBRELLA LIAB X OCCUR EPP0162368 10/1/2016 10/1/2017 EACH OCCURRENCE $ 2_,000,000 EXCESS LIAB CLAIMS_ -_MADE I AGGREGATE _ $ 2,000,000 DED X RETENTION $ 0 $ B WORKERS COMPENSATION 4031745 7/1/2016 7/1/2017 X PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE - Blanket Waiver of EL EACH ACCIDENT $ 1, 000, 000 OFFICER/MEMBER EXCLUDED? NIA -- (Mandatory MNH) Subrogation E.L. DISEASE -EA EMPLOYEES 1,000,000 It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1 000 000 C Builders Risk- Reporting 790-01-03-05-0005 10/1/2016 10/1/2017 Any one structure($1,DOO ded) $1,500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Contractors License City of Fort Collins is named as Additional Insured on the General Liability policy and automobile liability policy as regards work performed by the insured. CERTIFICATE HOLDER City of Fort Collins 281 N. College Ave. Fort Collins, CO 80526 ACORD 25 (2014/01) INS025 i Lo l ao l I 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 Karole Peters/KAPETE 01988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTENDANCE RECORD PREBID CONFERENCE Project: 8 W Downtown Restrooms - Oak Street Restroom Building Time: 10:00 AM Date: January 18, 2017 Location: Conference Room 2A. 215 N Mason Street, Fort Collins PRINT NAME PRINT FIRM NAME ADDRESS TELEPHONE E-MAIL ADDRESS CODY DS CokerzucroRs 3 7SU N . GMcFtuD qvr Saar m j (9a.•)G3S - -SAI CSNLTIW- _ns CaasftXrovs, t• jyDWl tii vwLEP, g¢.ISTLECQ►JE Co A -s-T" c-r 10 rJ fqU W,14Ai.tJ U -u xvr'q1J , c o glcts-at• b�E ads -ram+ tr L}�R GLnTTa�' cOt�STp2.0GTtoN GO7---rz"�j� IlJC �'112�-S-F Z07 �csrubt- i OS� eT-7c S3S- a'-SrticLtlba.aCoFZ Addendum 1 Page 2 of 4 J , e&rl W 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 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8452 Downtown Restrooms - Oak Street Restroom Building PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins. Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Construction Concepts Inc. CONTRACT DATE: March 28. 2017 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project. as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under''Remarks" below. CITY OF FORT COLLINS. COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Construction Concepts Inc. Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Construction Concepts Inc. for the City of Fort Collins project, 8452 Downtown Restrooms - Oak Street Restroom Building. 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 March 28. 2017. In conformance with the Contract Documents for this project. your obligations and guarantees will continue for the specified time from the following date: 20_ Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins. Colorado (OWNER) FROM: Construction Concepts Inc. (CONTRACTOR) PROJECT: 8452 Downtown Restrooms - Oak Street Restroom Building The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor. skill or materials furnished, delivered or performed for the construction, design. improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work. labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees. and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any. and Surety on any labor and material bonds for the project. Signed this day of 20_ CONTRACTOR: CONSTRUCTION CONCEPTS (NC. By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_, by Witness my hand and official seal. Notary Public My Commission Expires: SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins. Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Construction Concepts Inc. PROJECT: 8452 Downtown Restrooms - Oak Street Restroom Building CONTRACT DATE: March 28. 2017 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above. for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF; the Surety Company has hereunto set its hand this day of , 20 (Surety Company) M ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (08130M) COLORADO DEPARTMENTOF REVENUE Denver CO 80261 - 0009 (303) 238-SERV (7376) Contractor Application for Exemption Certificate Pursuant to Statute § 39-26.708(1),(2),&(3) 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 applyto the purchase or rental of equipment, supplies, and materialswhich are purchased, rented, or consumed by the contractor and which do not become apart of the structure, highway, road, street, or other public works owned and used by the exempt organization. Departmental Use Only ICI III III lvl I� ICI III GI IYI IIII IIII IIII IYI III II 130172 19999 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.) Send completed forms to: Colorado Department of Revenue, Denver, CO 80261 - 0009 Failure to accurately complete all boxes will cause the application to be denied. Contractor/Account No. (Leave blank if filing for the first time) Period (mMrrv-MMiyy)o 89- Contractor Information Trade name/DBA Owner, partner or corporate last name First Name Middle Initial Mailing Address Clly state Zip E-Mail Address FEIN Bid amount for your contract $ Fax number - - Business Phone number Colorado withholding tax account number Exemption Information Copies of contract or agreement page, identifying the contracting parties, bid amount, type of work, and signatures of contracting parties must be attached Name of exempt organization (as show on contract) Exempt organization's number Address of exempt organization City State Zip l5dricipal contact at exempt organization -Lest Name First Name Middle Initial Physical location of project site (glue acW al address when applicable and Cities and/or County lies) where project Is located) City State Zip Principal contact's telephone number Scheduled construction start date (MMicufm p Estimated completion date wmimnv)p I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of the business owner, partner or corporate officer Title of corporate officer Date (mwDD/yv)Q (Do not write below this line) Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you; please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. Do not enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are sham by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ATTENDANCE RECORD PREBID CONFERENCE Project: 892 Downtown Restrooms - Oak Street Restroom Building Time: 10:00 AM Date: January 18, 2017 1 ncatinn- Cnnference Rnnm 2A. 215 N Mason Street. Fort Collins PRINT NAME PRINT FIRM NAME ADDRESS TELEPHONE E-MAIL ADDRESS q-i -C) D.l - G 10 51c(o a met �C7Z 6ctk 6rff_ 5 %% S6o5 I-U^ircvd 6 ZZ235$ q7o y 121tJ I+. fir-` ��� seruG� S L(� / �Nc�c• to frilr� 720. Sao. 6eg0 Addendum 1 Page 3 of A Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS 1.1 Addenda 1.2 Agreement ......................................... L3 Application for Payment ...................... 1.4 Asbestos 1.5 Bid 1.6 Bidding Documents, ............................ 1.7 Bidding Requirements .......................... 1.8 Bonds 1.9 Change Order .....................................1 1.10 Contract Documents............................1 1.11 Contract Price 1.12 Contract Times k ..... ........ ........... 1.13 CONTRACTOR .......... ........... I ........ 1.14 defective ....... ___ . ..' .......... 1.15 Drawings ......... ....... .......... .... . 1.16 Effective Date of the Agreement ... _1 1.17 ENGINEER J 1.18 ENGINEERs Consultant 1 1.19 Field Order .j 1.20 General Requirements„_._..................2 1.21 Hazardous Waste.. ............................... 2 1.22.a Laws and Regulations; Laws or Regulations ......................................2 1.21b Leo Holidays.. .................................. �2 1.23 Liens 1.24 Milestone .............................. 2 1.25 Notice of Award 2 1.26 Notice to Proceed ................................ 2 1.27 OWNER 2 1.28 Partial Utilization 2 1.29 PCBs 7 1,30 Petroleum 2 1.31 Projectect .............................. . ................ 1,32.a Radioactive Material, ........................... 1.32.b Regular Working Hours, ....................... 1.33 Resident Project Representative.......... 1.34 Samples ............................................. 1.35 Shop Drawings,,,,,,,,,,,,,,,,,,,, ................ 2 1.36 Specifications 1.37 .....................................1) Subcontractor 1.38 ..............„..,,,,._,,,....._,_.,2 Substantial Completiont, ......... ............ 1.39 Supplementary Conditions ................... 1.40 Supplier ..............................................2 1.41 Underground Facilities .................... 2-3 1.42 Unit Price Work 1.43 Work 1.44 Work Change Directive ........................ 1.45 Written Amendment ....... ................... 3 Page Number PRELIMINARY MATTERS 3 2.1 Delivery of Bonds .............................3 2.2 Copies of Documents ....................... 3 2.3 Commencement of Contract Times; Notice to Proceed .............. 3 2.4 Starting the Work ............................ 2.5-2.7 Before Starting Construction; CONTRACTORS Responsibility to Report; Prelim inary Schediles, W- ivery of Certificates of Insurance .................................. 3-4 2.8 Preconstruction Conference ............... 4 2.9 Initially Acceptable Schedulle!k .......... 4 CONTRACT DOCUMENTS: DT=, AMENDING, REUSE ........................ ................. 4 3.1-3.2 Latent 3.3 Reference to Standards and Speci- fications of Technical Societies, Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives..................................... 5 3.5 Amending Contract Dociments ........ 5 3.6 Supplementing Contract Documents 5 3.7 Rouse of Documents -11 ........... ......... AVAILABILITY OF LANDS, SUBSURFACE AM PHYSICAL CONDITIONS: REFERENCE POINTS,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5 4.1 Availability of Lands„...................5-6 4.2 Subsurface and Physical Conditions 6 4.2.1 Reports and Drawings ..... ............. ... 6 4.2.2 Lim ited Reliance by CONTRAC- TOR Authorized; Technical Data 6 4.2.3 Notice of Differing Subsurface or Physical ConditicnA .................. 4.2.4 ENGINEERs Review 6 4.2.5 Possible Contract Documents Change.........................................6 4.2.6 Possible Price and Times Adjustments .............................. 6-7 4-3 Physical Conditions --Underground Facilities, ...................................... 7 4.3.1 Shown or Indicated 7 4.3.2 Not Shown or Indicated, ................... 7 4.4 Reference Points EXIDC GENERAL CONDITIONS 1910 -8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, 6.25 Submittal Proceedures; CON - Hazardous Waste or TRACTOR's Review Prior Radioactive Material .... _........... .-.7-8 to Shop Drawing or Sample Submittal.................................... 16 5. BONDS AND INSURANCE ................................. 8 6.26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER ...... 16.17 Bonds...............I....I.....I...........,,,..... 8 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Doctunents............ 17 Certificates of Insurance,,,,,,,,,,,,,,,,,,,, 8 6.28 Related Work Performed Prior 5.4 CONTRACTOR'S Liability to ENGINEER's Review and Insurance ............ . ........... ... ...... ......9 Approval of Required 5.5 OW NER's Liability Insurance,,,,,,,,,,,,,, 9 Submittals, .................................. 17 5.6 Property Insurance ..........................9-10 6.29 Continuing the Work ..................... 17 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTORS General tional Property Insurance ,,,,.„.....,,,,.10 Warranty and Guarantee„_ ............ 17 5.8 Notice of Cancellation Praision ......... IO 6.31-6.33 Indemnification, ........................ 17-18 5.9 CONTRACTOR's Responsibility 634 Survival of Obligations ................... J8 for Deductible Amounts, ................... 10 5.10 Other Special Insuranok....................10 7. OTHER WORK, ............... ............. ....... ............ 18 5.11 Waiver of Rights................................11 7.1-7.3 Related Work at Site ....................... 18 5.12-5.13 Receipt and Application of 7.4 Coordination.................................IS Insurance Proceeds ..................... O-I1 5.14 Acceptance of Bonds and Insa- S. OWNERS RESPONSIBILITIES .........................18 ante; Option to Replace ...................11 8.1 Communications to CON- 5.15 Partial Utilizaticn--Property TRACTOR................................18 Insurance ........................................11 8.2 Replacement of ENGINEER ............ 18 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES ...............II When Due .................................. 18 6.1-6.2 Supervision and Superintendenoc ....... 11 8.4 Lands and Easements; Reports 6.3-6.5 Labor, Materials and Equipment.,, 11-12 and Tests..... .......................... i 8-19 6.6 Progress Schedule..............................12 8.5 Insurance ....................................... 19 &7 Substitutes and "Or -Equal" Items; 8.6 Change Orders.. _....... _................19 CONTRACTOR's Expense; 9.7 Inspections, Tests and Substitute Construction Approvals...................................19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER's Evaluation 12-13 Terminate CONTRACTOR's 6.".11 Concerning Subcontractors.......... Services__-_ ............._......... 19 Suppliers and Others; 8.9 Limitations on OWNER'S Waiver of Rights .............. ...... ....13-14 Responsibilities ........................... 19 6.12 Patent Fees and Royalties,.,_...,..., 14 8.10 Asbestos, PCBs, Petroleum, 6.13 Permits ..................................... . 14 Hazardous Waste or 6.14 Laws and Regulations,,,,,,,,,,,,,,,,,,, _ 14 Radioactive Material .................... 19 6.15 Taxes...........................................14-15 8.11 Evidence of Financnl 6.16 Use of Premises.................................15 Arrangements, ............................. 19 6.17 Site Cleanliness .......... ................... 15 6.18 Safe Structural Loading ............... ..._.15 9. ENGINEER'S STATUS DURING 6.19 Record Documents .............................15 CONSTRUCTION .............................................. 19 6.20 Safety and Protection,,,,,,,,,,,,,,,,,,,,15-16 9.1 OWNER's Representative...............19 6.21 Safety Representative .............I...........16 9.2 Visits to Site .... .............................. 19 6.22 Hazard Communication Programs ... ,,,16 9.3 Project Representative ......... I ...... 19-21 6.23 Emergencies.....................................16 9.4 Clarifications and Interpre- 6.24 Shop Drawings and Sam ple;..............16 tations,.................... .................... 1 9.5 Authorized Variations in V&k 21 iii E1CDC C,ENERAL CONDITIONS 1910-8 (1990 EDITION) wi CITY OF FORT COWNS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Number &Title Number Number &Title Page Number 9.6 Rejecting Defective Work..................21 13.8-13.9 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NBER's Request .....................27-28 and Payments __.......... ............... 1 13.10 OWNER May Stop the Work .......... 28 9.10 Determinations for Unit Price$,,..,, 21-22 13.11 Correction or Removal of 9.11.9.12 Decisions on Disputes; ENGI- Defective Work ..........................28 NEER as Initial Interpreter..............z2 13.12 Correction Period ... ...... ............... 8 9.13 Limitations on ENGINEER's 13.13 Acceptance of Defective Work ......... 28 Authority and Responsibilitieg,,,, 22-23 13.14 OWNER May Correct Defective Wok.................................... 2 8-29 CHANGES IN THE WORK ............................... _....... 3 10.1 OWNER'S Ordered Change ............... 3 14. PAYMENTS TO CONTRACTORAND 10.2 Claim for Adjustment ........................23 COMPLETION ................................................. 29 10.3 Work Not Required by Contract 14.1 Schedule of Values .........................z9 Documents........ I ............................ 23 14.2 Application for Progress 10.4 Change Orders.- .............................. 23 Payment ...... ..... ,......................... 29 10.5 Notification of urety.........................23 14.3 CONTRACTOR'S Warranty of Title............. _...............-............29 CHANGE OF CONTRACT PRICE .............................23 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments.................29-30 Adjustment; Value of 14.8-14.9 Substantial Completion ..................30 the Wok ................................... 23-24 14.10 Partial Utilization................. 30-31 11.4 Cost of the Work.... .......... __ ... .... 24-25 14.11 Final Inspection ....... ..................... 31 11.5 Exclusions to Cost of the Work .......... 25 14.12 Final Application for Payment„.....31 11.6 CONTRACTOR's Fa .................. .,,--- 5 14.13-14.14 Final Payment and Acceptance ....... 31 11.7 Cost Records, ................................ 25-26 14.15 Waiver of Claims ...................... 31-32 11.8 Cash Allowances26 11.9 Unit Price Work ................................. 26 15. SUSPENSION OF WORK AND TERMINATION 32 CHANGE OF CONTRACT TIMES ............................26 I5.1 OWNER May Suspend Work .......... 32 12.1 Claim for Adjustment.......................26 15.2-15.4 OWNER May Terminate,,.,.,,,,,,.,,,, 32 12.2 Time of the Essenc4 ..........................26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTORS Work or Terminate,,,,,,,,,,,,,,,,, 32-33 Control ...................................... 26-27 12.4 Delays Beyond OWNERs and 16. DISPUTE RESOLUTION ........... ......................33 CONTRACTOR's Control ............... 27 17. MISCELLANEOUS...........................................33 TESTS AND INSPECTIONS; CORRECTION, 17.1 Giving Notice ..............................33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Tumes....................33 DEFEC77VE WORK..................................................27 17.3 Notice of Claim .............................. 33 13.1 Notice of Defects...............................27 17.4 Cumulative Remedies ,,,.,,,,,,,,,,,,,,,,.33 13.2 Access to the Work.,..._ ...... .............27 17.5 Professional Fees and Court 13.3 Tests and Inspections; Costs Included .............................33 CONTRACTOR'S Cooperation,,,_,.,,, 27 IT6 Applicable State Laws ............... 33-34 13.4 OWNRR's Responsibilities; Intentionally left blank .......................................35 Independent Testing Laboratory...... 27 13.5 CONTRACTOR's EXHIBIT GC -A: (Optional) Responsibilities...............................27 Dispute Resolution Agreement,.................... GC -Al 13.6.13.7 Covering Work Prior to Inspect 16.1-16.6 Arbitration ............................. GC -Al lion, Testing or Approvsl.................77 16.7 Mediation, .............................. GGAI E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/991 INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance........................................ 5.14 defective Work . ........................... 10.4.1, 13.5. 13.13 final payment ......................................... 9.IZ 14.15 insurance ......................................................... 5,14 other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Item; ...................... 0.7.1 Work by OWNER ..............................2.5, 6.30, 6.34 Access to the -- Lands. OWNER and CONTRACTOR responsibilities ............. A.1 site, related Work 7.2 Work, ..........................................13.7 13.14,14.9 Acts or Omissions-, Acts and Omissions -- CONTRACTOR 6.9.1. 9.13.3 ENGINEER ...................................... j6.20. 9.13.3 OWNER..... ........................................ ..... 0.20,8.9 Addenda --definition of (also see definition of Specifications)_ ....(1.6,1,10,6.19),I.l Additional Property Insurancef ................................. 5.7 Adjustments -- Contract Price or Contract Times ...........................J.5, 3.5, 4.1, 4.3.2, 4.5.2. 1. - .. ... I � ... .. ...... 4.53, 9.4, 9.5, 10.2-10.4, .........................................11, 12,14.8. 15.1 progress schedule. ......... 6.6 Agreement -- definition or ....... ........... ................................... J.2 "All -Risk" Insurance, policy form....._...... Allowances, Cash ....................................................11.8 Amending Contract Document4 ................................ 3.5 Amendment- Written - in general ................1.10. 1.45. 3.5, 5. 10, 5.1 Z 6.6.2 . . .- ....... 0.8.2.6.19.10.1. 10.4.11.2 ............ '' . .................... 12.1, 13.12.2.14.7.2 Appeal. OWNER or CONTRACTOR intent to ......................... 9.10,911. 10.4 16.2, 16.5 Application for Payment - definition of ......................................................1.3 ENGfNEEFZ!s Responsibility .............................. 9.9 final payment .................9.13.4, 9.13.5, 14.12-14.15 in general ......................... .2.8.2.9, 5.6.4.9.10. 15.5 progress payment .............. 6.6 ..................... 14.1-14.7 reviewof ...... 0 ....................................... 6,14.4-14.7 Arbitration .16.1-16.6 Asbestos -- claims pursuant theretq ...... 6 ....... 6 ...... 6 .... 4.5.2. 4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of .................... 6 ...... 6 ... 6 6 ............ ......... 1.4 Article or Paragraph Number OWNER responsibility for . ............................. 4.5.1,8.10 possible price and times change,,,,,,,,,,,,,,,,,,,,,,, 4.5.2 Authorized Variations in Work ........... 3.6, 6.25, 6.27, 9.5 Availability of Lands .......................................... 4.1.8.4 Award, Notice of--defined......................................1.25 Before Starting Construction .............................. 7.5-2.8 Bid -definition of .........................1.5 (1. 1. 1.10. 2.3, 3.3, ....._I .................. 4.2.6.4. 6.13, 11.4.3. 11.9. 1) Bidding Documents -definition of ).6(6.8.2) Bidding Requirements -definition Of ..........................................1.7(1.1.4.2.6.2) Bonds -- acceptance of ............... ........... . ......... ............ 5.14 additional bonds ..................................10.5, 11.4.5.9 Cog of the Work ........................................... 11.5.4 definition of 1.8 delivery of ................................................... 11,5.1 final Application for Payment ................. 14.12-14.14 general ......................................1.10, 5.1-5.3, 5.13, ........................................ 9.13,10.5,14.7.6 Performance, Payment and Other .................. 5.1-5.2 Bonds and Insurance --in general .................................5 Baulder's risk "all-risk' policy form,......„.„., ....,5A.2 Cancellation Provisions, Insurance; ........ 5.4.11. 5.8, 5.15 Cash Allowance....................................................1 1.8 Certificate of Substantial Completion ........ 1.38. 6.30.2.3. ................................................ _14.8,14.10 Certificates of Inspection ...................9.13.4, 13.5, 14.12 Certificates of Insurance., ....... ..... 2.7, 5.3, 5.4.11, 5.4.13, . . ................ 5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price - Cash Allowances 11.8 claim for price adjustment..........., 4.1. 42-6. 4.5. 5.15, 6.8.2. 9.4 .................... 9.5. 9.11. 10.2, 10.5, 11.2.13.9, ....................... 13.13, 13.14, 147.15.1, 15.5 CONTRACTOIN fee 11,6 Cost of the Work general.......... ..................................... 11.4-11.7 Exclusions to 11.5 Cost Records .....................................................11.7 in general ............. 1.19,1.44, 9.11. 10.4.2, 10.4.3, 11 Lump Stan Pricing .............................. . .......... 11.3.2 Notification of Surety .........................................10.5 Scope of .............................. .................... JO.3-10.4 Testing and Inspection, Uncovering the Work ..................................13.9 EXMC GENERAL CONDITIONS 1910-9 (1990 EM-no,.,) w/ CITY OF FORT COUIM MODNICAITONS (REV 91") Unit Price Work 11.9 Article or Paragraph Number Value of Work- ............... .. . ... ... ... ....... 11.3 Change in Contract Times - Claim for times adjustment ....... 4. 1. 4.2.6, 4.5, 5.15. ............ 6.8.1 9.4, 9.5, 9.11, 10.2, 10.5, 12. 1, * ..... * . ...... 13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits.....................................12.2 Delays beyond CONTRACTOWs control........................................................12.3 Delays beyond OWNERS and CONTRACTOR's control .............................12.4 Notification of surety .........................................10.5 Scope of change ....... ................................ 10.3-10A Change Orders -- Acceptance ofDefecrive Work ......... ................ 13.13 Amending Contract Documents ...........................3.5 Cash Allowances JI.8 Change of Contract Price.....................................I I Change of Contract Time4 ...................................12 Changes in the Work .......................................... JO CONTRACTORS fee ........................................11.6 Cost of the Work 11.4-11.7 CostRecords ....................................................I1.7 definition of 1.9 emergencies ..................................................... 0.23 ENGINEER'S responsibility --- ... P.8, 10.4, IL?- 111 execution of ' _ ' ....................................... 10.4 Indemnifictiog ....................... _6. 12, 6.16, 6.31-6.33 Insurance, Bonds and ................. ..... 5.10.5.13. 10.5 OWNER may terminate ............................ 15.2-15.4 OWNERS Responsibility .......... ................. $.6,10.4 Physical Conditions - Subsurface and..............................................4.2 Underground Facilities, ............................4.3.2 Record Documents ............................. ............. j6.19 Scope of Change., . .................................... 10.3-10.4 Substitutes ............................................. . 6.7.3. 6.8.2 Unit Price Work 31.9 value of Work, covered by .................................11.3 Changes in the Work... ........ ............................. ..... )0 Notification of surety ................................I........10.5 OWNER!s and CONTRACTORs responsibilities ...................................... ..... 104 Right to an adjustment ......................................10.2 Scope of change ................................. ...... 10.3-10.4 Claims -- against CONTRACTOR .................................... 6.16 against ENGINEER.........................................6.32 against OWNER ...............................................0.32 Change of Contract Price ........................... 9.4.11.2 Change of Contract Times...........................9.4, 12.1 CONTRACTOWs .............4, 7.1. 9.4, 9.5, 9.11, 10.2, ...........................11.2, 11.9. 12.1. 13.9, 14.8, ............................. . ............ 15.1. 15.5,17.3 CONTRACTOR's Fee .11.6 Article or Paragraph Number CONTRACTOWs liability_.....,... 5.4.6.12, 6.16. 6.31 Cost of the Work ....................................... 11.4,11.5 Decisions on Disputel ...............................9.11, 9.12 Dispute Resolution ....... .. . .... .. ... .................. 16.1 Dispute Resolution Agreement .................. 16.1-16.6 ENGINEER as initial interpretor .......................9.11 Lump Sum Pricing .........................................11.32 Noticeof ..........................................................1.7.3 OWNERs ....................9.4, 9.5, 9.11, 10.2, 11.2. 11.9 ...... * ............. 12.1, 13.9,13.13,13.14,17.3 OWNEis liability .............................................. 5.5 OWNER may refuse to make payrnen.................14.7 Professional Fees and Cowl Costs Included .......................... ...........................17.5 request for formal decision on ........................... q..11 Substitute Items .............................................6.7.1.2 Time Extension 114.1 Time requirements ......... .......................... 9.11,111 Unit Price Work.. ................. ... ........ . ... ...... 11.9.3 Value of 1.1.3 Waiver of --on Final Payment .......... ..... J4.14,14.15 Work Change Directive.... .. ...... _ . . .................. 10.2 written notice required ...................... 9,11, 1 LZ 12.1 Clarifications and Interpretation*............ 3.6.3. 9.4, 9.11 Clean Site ........ ...... .... I .............. ... .............. 6.17 Codes of Technical Society, Organization or Association 33.3 Commencement of Contract Time4 .............. __ ......... 7.3 Communications -- general .............................................. §.Z 6.9.2, 8.I Hazard Communication Programs ...................... §.22 Completion -- Final Application for Payment ......... ............. J4.12 Final Inspection ..............................................14.11 Final Payment and Aocepmncc ... ........... J4.13-14.14 Partial Utilization .. . ........................... ............ J4. 10 Substantial Completion .....................1.38, Waiver of Claims 14.15 Computation of Times ................................ 17.11-17.2.2 Concerning Subcontractors, Suppliers and Others .................................................6.8.6.11 Conferences -- initially acceptable schedules ............... ............... 2.9 preconstruction, ........ ....................... ................. 2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report ...........................2.5, 3.32 Construction, before starting by CONTRACTOR 2.5-2.7 Construction Machinery. Equipment. etc .................. 6.4 Continuing the Work ............................. ........ 6.29,10-4 Contract Documents - Amending...................................... ....... 3.5 Bonds 5.1 EICDC GENERAL CONDITIONS 1910-9 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS ftN 9199) Cash Allowances..... 118 Article or Paragraph Number Change of Contract Price I I Change of Contract Times., ...... . ....................... 12 Changes in the Work ................................ 10.4-10.5 check and verify,.,,,.,_,,,. . ....... ... 2.5 Clarifications and Interpretations .......... ...............3.2. 3.6, 9.4, 9.11 definition of .....................................................1.10 ENGINEER as initial interpreter of ...................9.11 ENGINEER as OWNER!s representative ...... .... _9-I general3 Insurance .... . .... ....................................... ....... 5.3 Intent ....... ... ....................... ..............3.1-3.4 minor variations in the Work.. ...... ........... ......... 3.6 OWNERs responsibility to famish data. .8.3 OWNER!s responsibility to make prompt payment .......................... ?.3,14.4,14.13 precedence ......... ............................... ...... 3.1,3.3.3 Record Documents ............................................6.19 Reference to Standards and Specifications of Technical Societies ................................... 3.3 Related Work, .................................................... 7.2 Reporting and Resolving Discrepancies........ 25. 33 Reuseof ............................................................ 3.7 Supplementing ..................................................3.6 Term notion of ENGINEEks Employm ant.... _. _ _.. 8-2 Unit Price Work ...............................................11.9 variations .......................................... 3.6. 6.23. 6.27 Visits to Site. ENGINEMA ............................... 9.2 Contract Price — adjustment of ................ 3.5. 4.1. 9.4. 10.3. 11.2-11.3 Changeof ........................................................... I I Decision on Disputes ......................................... 9.11 definition of .....................................................1.11 Contract Times — adjustment of .... ..................... 3.5.4.1,9.4.10.3,12 Change of ............................. . ................ 12.1-12.4 Commencement of.........._ ................................ 2.3 definition of ....................................................1.12 CONTRACTOR -- Acceptance of Insurance . ................................... 5.14 Communications ......................................6.2, 6.9.2 Continue Work ............................6.29, 10.4 coordination and scheduling .......... ............. 6.9.2 definition of _J. 13 Limited Reliance on Technical Data Authorized ..... 4.2.2 e........................................ im in"ait'c"..' ..........................15.5 May Stop Work or Terminate. provide site access to others ........................7.2, 13.2 Safety and Protection ................... 4.3.1.2.6.16.6.18, ...................................... 6.21-6.23, 7.2. 13.2 Shop Drawing and Sample Review Prior to Submittal ........................................0.25 Stop Work requirements. .... ... ....... .. 4.5.2 CONLTRACTOR`s-- Article or Paragraph Number Compensation .................................... ...... 11.1-11.2 Continuing Obligation ....................................14.15 Defective Work.... ......................... 9.6, 13.10-13.14 Duty to correct defective Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency ............................................ 6.23 Defects in Work of Others. ..... ... .. . .7.3 Differing condition ................ - ... ........ 4.23 Discrepancy in Documents ....... _2.5, 3J2, 6,14.2 Underground Facilities not indicated,-........ 432 Emergencies ............................ ........................ 0.23 Equipment and Machinery Rental. Cost of the Work 11.4.5.3 Fee —Cost Plus .......................... 11.4.5.6,11,51. 11.6 General Warranty and Guarantee,,,,,,,,,,,,,,,,,,,,,, 630 Hazard Communication Programs .....................6.22 Indemnification, ... ................... §. I Z 6. K 6.31-6.53 Inspection of the Work ............................... 7.3.13.4 Labor, Materials and Equipment ....................0.36.5 Laws and Regulations. Compliance by.. ............ 6.14.1 Liability Insurance ..............................................5.4 Notice of Intent to Appeal ......................... 9.10,10.4 obligation to perform and complete theWork ....................................................630 Patent Fees and Royalties, paid for by ................. 6.12 Performance and Other Bonds.............................5.1 Permits, obtained and paid for by ....................... §.13 Progress Schedule...........................2.6, 2.8, 2.9, 6.6. ........................................ j6.29,10.4.15,2.1 Request for formal decisionon disputes ............... 9.11 Responsibilities_ Changes in the Work ..................................10.1 Concerning Subcontractors. Suppliers and Others 6.86.11 Continuing the Work .......................... 0.29.10.4 CONTRACTORs cxpensgk .................... _§.7.1 CONTRACTOR!s General Warranty and Guarantee .......................................6.30 CONTRACTOR review prior to Shop Drawing or Sample submittal ................ 6.25 Coordination of Work ... .. .. .... ................ 6.9.2 Emergencies .......... ........... .... . ................. 6.23 ENGINEER'S evaluation, Substitutes or 'Or -Equal" Items .... ............. ........... 0-7.3 For Acts and Omissions of Others 0.9.1-6.9.2, 9.13 for deductible amounts. insurance...................5.9 general ........................................6. TZ 7.3, 8.9 Hazardous Communication Programs.......... 6.22 Indemnification 6.31-6.33 vii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wt CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Labor, Materials and Equipment, � .. ...... 6.3-6.5 CONTRACTORS --other .............................................. 7 Laws and Regulations..................................6.14 Contractual Liability lnsurance ............................. 5..4.10 Liability Insurance,........_ _. . .. ............. 5.4 Contractual Time Limits .................. ................. I ... 12.2 Article or Paragraph Number Notice of variation from Contract Documents 6.27 Patent Fees and Royaltiim ............................. 0.12 Permits.......................................................0.13 Progress Schedule .........................................6.6 Record Documents, ...................................... 6.19 related Work performed prior to ENGINEEKs approval of required subm ittals............................................. 6.28 safe structural loading ..... ........................ _618 Safety and Protection !6.20. 7.2, 13.2 Safety Representative 6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples ........................0.24 Shop Drawings and Samples Review by ENGINEER .......................... ........... 6.26 Site Cleanliness j& 17 Submittal Procedures ................................... 6.25 Substitute Construction Methods and Procedures 6.7.2 Substitutes and "Or -Equal" Items ............... fi.7.1 Superintendence ............................................6.2 Supervision...... ............................................ 6.1 Survival of Obligations................................6.34 Taxes ..........................................................0.15 0.15 Tests and Inspections ............... .................. 13.5 ToReport ...................................................... Z.5 Use of Premises ..................... 0.16-6.18,6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ......................................... 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim...,,,.,,,,, :4, 7.1, 9.4, 9.5. 9.11. 1 0.2,11.2, ' 11.9,12.1, 13.9.14.8,15.1. 15.5.17.3 Safety and Protection ................. !6.20-6.22. 7.2, 13.2 Safety Representative ........................................ 6.21 Shop Drawings and Samples Submittals.,,, 6.24-6.28 Special Consultants ........................................11.4.4 Substitute Construction Methods and Procedurc§. 6.7 Substitutes and 'Or -Equal' Items, Expense ........................................... 6-7-1. 6.7.2 Subcontractors. Suppliers and Others..... ..... 6.8-6.11 Supervision and Superintendence ......... 6.1, 6.2, 6.21 Taxes, Payment by ............................................ 6.15 Use of Premises 6.16-6.19 Warranties and guarani= .......................... 6.5,6.30 Warranty of Title ................... ......................... J4.3 Written Notice Required -- CONTRACTOR stop Work or term inauk ....... 15.5 Reports of Differing Subsurface and Physical Conditions ....................... 4.2-3 Substantial Completion ................................14.8 viii Article or Paragraph Number Coordination -- CONTRACTOR S responsibility .. ..................... 6.9.2 Copies of Documents ................................................ 2.2 Correction Period ..................................................13.12 Correction, Removal or Acceptance of Defective Work-- in general ................................... 10.4.1.13.10-13.14 Acceptance of Defective Work ...........................13.13 Correction or Removal of Defective Work ................... .......... 630,13.11 Correction Period ............................................ J3.12 OWNER May Correct Defective Work ..............J3.14 OWNER May Stop Work .............. I ....... .......... 13.10 Cost - of Tests and Inspections . .................................. 13.4 Records 11.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts ........... _ .................................11.4.2 CONTRACTORS Fee 11.6 Employee Expenses .... *"*"'*"* ............. 11.4.5.1 Exclusions tck 11.5 General 11.4-11.5 Hone office and overhead expenses ....................11.5 Losses and damages .....................................11.4.5.6 Materials and equipment ................................11.42 Minor expenses ........................................... J1.4.5.8 Payroll costs on changes .................................11.4.1 performed by Subcontractors ...........................11.4.3 Records 11.7 Rentals of construction equipment and machinery .............................. ........ 11.4.5.3 Royalty payments, permits and license fees )1.4,5.5 Site office and temporary facilities ................ )1.4.5.2 Special Consultants, CONTRACTORs ............ 11.4-4 Supplemental ................................................. J1.4.5 Taxes related to the Work ............................11.4.5.4 Tests and InspectiorA .........................................13.4 Trade Discounts .............................................11.4.2 Utilities, fuel and sanitary facihties ..............11.4.5.7 Work of regular hours .................................11.4.1 Covering Work ...............................................13.6.13.7 Cumulative Remedies ...................................... 17.4-17.5 Cutting, fitting and patching .................................... 7.2 Data, to be furnished by OWNER .............................. $3 Day --definition of ................................................17.2.2 Decisions on Disputes ........................... ....... 9.11.9.12 defective- definition of ...........................................1.14 defective Work -- Acceptance of .......................................10.4.1. 13.13 EJCDC GENERAL COMMONS 1910 -8 (1990 EDITION) W1 CITY OF FORT COLLINS MODIFICATIONS (REV 91") Correction or Removal of, _ - ......... 10.4.1, 13-11 Correction Period ............................................13.12 in general., . ...... I'll .... -.1 .. ... ...... 1.., 11, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work ................................. 13.10 Prompt Notice of Defmu ...................................13.1 Rejecting...........................................................9.6 Uncovering the Wcr$ . ......................13.8 Definitions .......................... I Delays .1 ....... 4 1, 6.29.12.3-12.4 Delivery of Bonds......._ ....... - .. ......... ........ ZI Delivery of certificates of insurance .....................7.7 Determinations for Unit Prices, ...................... ... 9.10 Differing Subsurface or Physical Conditions - Noticeof ........... .................................. ...... -.4.2.3 ENGINEEWs Review ...................................... 4.2.4 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments,,,,,,,,,,,,, 4.2.6 Discrepancies -Reporting and Resolving ...... ......... ......... _.2.5, 3.3.2, 6.14.2 Dispute Resolution - Agreement ........ .. ......... .................... 16.1-16.6 Arbitration 16.1-16.5 Senera116 Mediation ......................................................... 16.6 Dispute Resolution Agreement 16.1-16.6 Disputes, Decisions by ENGD4iiii.'.*.,*..'.'...'.*..'.'.*.,*.*9.11-9.12 Documents - Copiesof.........._............................................... 2.2 Record 6.19 Reuseof.. _ . ... ...................................... ............ 3.7 Drawing"cfinition of......... ................ Easements ....................................................... 4.1 Effective date of Agreement -- definition q( .... ........ 1.16 Emergencies ................. ......................................... 6.23 ENGINEER -- as initial interpreter on disputes ................ 9.11-9.12 definition of J. 17 Limitations on authority and responsibilities,.,,. 9.13 Replacement of .................. .. ...................... .... 8.2 Resident Project Representative ...........................9.3 ENGFNFER!s Consultant -- definition of ..................1.18 ENGINEERs-- authority and responsibility, limitations M., ..... 9.13 Authorized Variations in the Work ................. . 9.5 Change Orders, responsibility for ....... 9.7, 10, 11, 12 Clarifications and Interpretations .............. 343, 9.4 Decisions on Disputes ................... defective Work notice of ..................................13.1 Evaluation of Substitute ItemiI .........................6.7.3 Liability ................................................... 0.32,9.12 Notice Work is Acceptable..............................14.13 Observations ......................... . ..... ...... 6.30-2, 9.2 OWNER's Representative .................................... 9.1 Payments to the CONTRACTOR, Responsibility for . .................................... 9.9,14 Recommendation of Paymenk ................... 14A.14.13 Article or Paragraph Number Responsibilities --Limitations on ............. 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ..............................4.14 Shop Drawings and Samples, review responsibility .......................... ................... §.26 Status During Construction_ authorized variations in the Work ..................9.5 Clarifications and Interprotaticrip ..................9.4 Decisions on Disputes ........ ...... ......... :9.11-9.12 Determinations on Unit Price ....... .............. 9.10 ENGINEER as Initial Interpretet ......... 9.11-9.12 ENGINEEICs Responsibilities ................ 9.1-9.12 Limitations on ENGINEEWs Authority and Responsibilities ... ....... . 9.13 OWNFR's Representative..............................9.1 Project Representative . . .................. .............. 9.3 Rejecting Defective Work ..............................9.6 Shop Drawings, Change Orders and Payments .. . . ............................... 9.7-9.9 Visits to Site .................................................9.2 Unit Price determinatioruk .................................9.10 Visits to Site,,,,,,,,,,,,,,,,,,,,,,,,, .............................. 9.2 Written consent required .............................. 7.2, 9.1 Equipment, Labor, Materials and ...... __ .............. 6.3-6.5 Equipment rental, Cost of the Work ........... ....... 11.4.5.3 Equivalent Materials and Equipment ........................0.7 error or omissions ..................................................0.33 Evidence of Financial Arrangemen4 ...................... ?.11 Explorations of physical conditions... I .................... 4.2.1 Fee, CONTRACTOR!s-Costs Plus ...........................31.6 Field Order - definition of .....................................................1.19 issued by ENGINEER ................................ 3.6.1,9.5 Final Application for Payment ..............................14.12 Final Inspectial ................................................... 14.11 Final Payment - and Acceptance ... I ....... ................... 14.1-3.14.14 Prior to, for cash allovances .............................. JI.8 General Provisions .......................................... 17.3-17.4 General Requirements - definition of 1.20 principal references t9 ............. 2.6.6.4, 6.6-6.7, 6.24 Giving Notice .........................................................17.1 Guarantee of Work -by CONTRACTOR ........ 0.30.14.12 Hazard Communication Programs, ...........................0.22 Hazardous Waste - definition of ).21 general........................................... ................. 4.5 OWNER!s responsibility for . .......... ..... .. .... .. 8.10 it EJCDC GENERAL CONDITIONS 1910-9(1990 EDITIOM w/ aTY OF FORT COUINS MODMCATIONS (REV 9199) Indemnification ............................. ............. ............ 6. 1 Z 6.16, 6.31-6.33 Initially Acceptable Schedules..................................2.9 Inspection -- Certificates of ..............................9.13.4, 13.5, 14.12 Final............. ....... ................................ 14.11 Article or Paragraph Number Special. required byENGINEER ..........................9.6 Tests and Approval ......... ................... $.7, 13.3-13.4 Insurance - Acceptance of, by OWNER ...............................5.14 Additional, required by changes in the Work ........................................... 11.4.5.9 Before starting the Work.....................................2.7 Bonds and --in general......................................I....5 Cancellation Provisions ..................................... 5.8 Certificates of ...................2.7, 5, 5.3, 5.4.11. 5.4.13. .... * .. ... ...... 5.6.5. 5.8, 5.14, 9-13.4, ........................5.6.5. 14.12 completed operations ...................................... 5.4.13 CONTRACTOR's Liability„_„ ............................. 5.4 CONTRACTORs objection to coverage .............5.14 Contractual Liability ...................................... 5.4.10 deductible amounts, CONTRACTORs responsibility ................................................5.9 Final Applicaton for Payment .........................14.12 Licensed Insurers 53 Notice requirements, material changes,,,,.. 5.8,10.5 Option to Replace ..... .............. ............. ........... 5.14 other special insurance* .................................... 5.10 OWNER as fiduciary for insureds .............. 5.12-5.13 OWNER!s Liability ............................................5.5 OWNWs Responsibility ....................................8.5 Partial Utilization, Property Insuranc4...............5.15 Property.....................................................5.6.5.10 Receipt and Application of Insurance Proceeds 5.12-5.13 Special Insurance .............................................5.10 Waiver of Rights ..............................................5.11 Intent of Contract Documents ......................... .... 3.1-3.4 Interpretations and ClarificationA ..................... 3.6.3,9.4 Investigations of physical conditions .......... ...... 4.2 Labor, Materials and Equipment.. ................... .... 6.3-6.5 Lands -- and Easements $.4 Availability of .............................................4.1, 9.4 Reports and Tests ............................................... $.4 Laws and Regulations --Laws or Regulations. - Bonds 5.1-5.2 Changes in the Work ... .......... - .................. - ... 10.4 Contract Documents CONTRACTORs Responsibilities ...... ........ ..... 0,14 Correction period, defective Work..................13.12 Cost of the Work, taxes ................................11.4.5.4 definition of .... ................. .............................. 1.22 gencral6.14 Indemnification ....................................... 631-6.33 X Insurance �3 Precedence ................................................ 3.1.3.3.3 Reference to 33.1 Safety and 13.2 Subcontractors, Suppliers and Other4 ........... 6. M. I I Article or Paragraph Number Tests and Inspections.................................. 13.5 Use of Premises .................................................0.16 Visits to Site ............... ....... ............................... 9.2 Liability Insurance-- CONTRACTORs....................... ... ..... .... ..... 5.4 OWNER's ...........................................................5.5 Licensed Sureties and Insurer* ........ ............ 5.3 Liens - Application for Progress Payment ...... ........... ... 14.2 CONITRACTOR's Warranty of Title ... ............. 14.3 Final Application for Payment, . ................ ...... J4.12 definition of Waiver of Claims 14.15 Limitations on ENGINEERs authority and responsibilities ........................................ . ....... 9.13 Limited Reliance by CONTRACTOR Authorized Maintenance and Operating Manuals -- Final Application for Payment ..........................14.12 Manuals (of others)-- Precedence Reference to in Contract Documents..................3.3.1 Materials and equipment -- furnished by CONTRACTOR ............... ............... 63 not incorporated in Work ................................... 14.2 Materials or equipment --equivalent ...........................0.7 Mediation (Optional) ..............................................16.7 Milestones --definition of ........................................1.24 Miscellaneous— Computation of Times ... ............ ......... 17.2 Cumulative Remedies_.... ........... ................ J7.4 Giving Notice ....................................................17.1 Notice of Claim .................................................17.3 Professional Fees and Court Costs Inclu&4 ....... 17.5 Multi -prime contracts .................................................7 '**"*' -- '- - ----- .. ....... 7 Not Shown or Indicated Notice of -- Acceptability of Project..._ .............._ .. ........... 14.13 Award, definition of...._ ......... .. ............. ........ 1.25 Claim................. . ........... ...... .... .......... 1.7.3 Defects, 13.1 Differing Subsurface or Physical Conditions,,,,., :4.2 3 Giving..... ........... .......................... ............... 171 Tests and Inspection*.......................................13.3 Variation, Shop Drawing and Sample .................4.27 Notice to Proceed - definition of 1.26 giving of .... ............ . .......... 2.3 ... �� j EJCDC GENERAL CONDITIONS 1910.8 (1990 EDMON) W; CITY OF FORT COLLINS MODIFICATIONS (REV 9(99.) Notification to Surety .......................... _ .................10.5 Observations, by ENGINEER ...........................630, 9.2 Occupancy of the Work ................ 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOP ...............6.9, 9.13 Open Peril policy form, Insurance .................... ...... $.6.2 Option to Replace....... .._.._................................5.14 Article or Paragraph Number "Or Equal' Items......................................................6.7 Other work 7 Overtime Work —prohibition of ................................. 6.3 OWNER-- Acceptance of defective Work...........................13.13 appoint an ENGINEER......................................8.2 as fiduciary ....................... ............. ......... 5.12-5.13 Availability of Lands, responsibility.... ,. 4 1 definition of ................................._...,.... _.....1?7 data, furnish ............. ......... 8.3 May Correct Defective Work.. _.................13 14 May refuse to make payment ...... ............ ......... ..1:4.7 May Stop the Work..... _............. _.................13 10 May Suspend Work, Terminate, ... ....... ....... $.8,13.10, 15.1-15.4 Payment, make prompt....................F.3, 14.4, 14.13 performance of other work..._ ............................. 7.1 permits and licenses, requirement,@....................0.13 purchased insurance requirement;,,,,,,,,,,,,,, 5.6.5.10 OWNER's•- Acceptance of the Work._ . .................. ........ 0.30.2.5 Change Orders, obligation to execute.......... 8.6, 10.4 Comm unications................................................ 8.1 Coordination of the Work ................................... 7.4 Disputes, request for decision............................9.11 Inspections, tests and approvals..................8.7. 13.4 Liability Insurance ..............................._............ 5.5 Notice of Defects ..............................................13.1 Representative —During Construction, ENGINEETs Status......................................9.1 Responsibilities -- Asbestos. PCBs, Petroleum. Hazardous Waste or Radioactive Material................0.10 Change Orders... .... - .... I .................. I ........... 18.6 Changes in the Work..— I ...... -.1 ........ ........ 10.1 communications ........................................... 8.1 CONTRACTOR's responsibilities.. ...... _ ....... 8.9 evidence of financial arrangements, ...... ........ $.I1 inspections, tests and approval$......... . _ ...8.7 insurance 8.5 lands and easements ..................................... 8.4 prompt payment by ........................................ 8.3 replacement of ENGINEER ...........................0.2 reports andtests............................................8.4 stop or suspend Work.................8.8, 13.10. 15.1 terminate CONTRACTORts services..........................................8.8, 15.2 separate representative at site. testing, independent ............. use or occupancy of the Wonk,,,,,,,,,,,,,,,,,,,„ written consent or approval required .......................... 13.4 .....5.15, 630.2.4, 14.10 9.1, 6.3, 11.4 EJCDC GENERAL CONDITIONS 1910.8 (19%EMTION) w/ CITY OF FORT COLLMS MODIFICATIONS GtEV 9/99) ATTENDANCE RECORD PREBID CONFERENCE Project: 802 Downtown Restrooms - Oak Street Restroom Building Time: 10:00 AM Date: January 18, 2017 Location: Conference Room 2A. 215 N Mason Street, Fort Collins PRINT NAME PRINT FIRM NAME ADDRESS TELEPHONE E-MAIL ADDRESS PRQ7roN So N sroe Cor/3rRuet2o So s. tome C�.JY.r�vx,�Z Ca 6d//Z 303-�z8-38�� t'�nestonndson�ll+vSeld eq.cent I. q� '' Keiji I 1�� N)4bAg1�.r�- CommewciO `� tiLC5 G'��-ufw i7r'a �� (pU;�S, CO ba5�5 ot-'4Liq-IG1() keV; llev.*i44*C(D LDM., G-,r/�5�� CY/5,rt�i N,-L + //C Covvl.nCric i� / u.a, 2�� f� `�//�H� /J L/l�t�y.tJ/�iCNMIr'�LGr>. Addendum 1 Page 4 of 4 4" Article or Paragraph Number written notice required ................ ....... 7.1, 9.4, 9.11. ....................................11.2, 11.9, 14.7, 15.4 definition of ...................... ..... ........................ 1.29 general.............................................................. 4.5 OWNER!s responsibility for . .............................. $.10 Partial Utilization - definitionof .....................................................1.28 gcncral6.30 1-4, 14.10 Property Insurance ............................................. 5.15 Patent Fees and Royalties ........................................ 6.12 Payment Borick ....... .......................................... 5.1-5.2 Payments, Recommendation of .............. 14.4-14.7.14.13 Payments to CONTRACTOR and Completion - Application for ProgressPayinents......................14.2 CONTRACTOR's Warranty of Title ................... 14.3 Final Application for Payment ..................... .... )4.12 Final Inspection ............................. ................ 14.11 Final Payment and Acceptance, .... I .......... 14.13-14.14 general.........................................................$3,14 Partial Utilization ...........................................14.10 Retainage.......................... .. ............................ 14.2 Review of Applications for Progress Payments...............................14.4.14.7 prompt payment ................................................. $3 Schedule of Values...........................................14.1 Substantial Completion, ............................. 14.8-14.9 Waiver of Claims 14.15 when payments due ................................ 14.4,14.13 withholding payment ....... ................................ 14.7 Performance Bondi ............................................ 5.1-5.2 Permits_ .......................................................... 4.13 Petroleum -- definition of .....................................................1.30 general................... ................................. 4.5 OWNER!s responsibility for ...............................8.10 Physical Conditions -- Drawings of, in or relating t9 ......................... 4.2.1.2 ENGINEER's review . ........ ............................... 4.2.4 existing structures ............................................4.2.2 general4.2.1.2 ........................................................ Notice of Differing Subsurface or,,,,,,,,,,,,,,,,,,,,, 4.2.3 Possible Contract Documents Changq ................4.2.5 Possible Price and Times Adjustments ............... 4.2.6 Reports and Drawings, ................ .. .............. _421 Subsurface and ...................................................4.2 Subsurface Conditions...................................4.2.1.1 Technical Data, Limited Reliance by CONTRACTORAuthorized ....................... 4.2.2 Underground Facilities-- general........................................................4.3 Not Shown or Indiczed ............................... 4.3.2 Protection of ........................................ 4.3,6.20 Article or Paragraph Number Shown or Indicated ......... 4-3.1 Technical Data A.2-2 Preconstruction Confereacc .......................................2.8 Preliminary Matters.....................................................2 Preliminary Scheduleq ............................... ............... 2.6 Premises, Use of ............................................. 6_16.6-18 Price. Change of Contract ....................... .................. I I Price, Contract --definition of..................................1.11 Progress Payment. Applications for ..........................14.2 Progress Payment--retainagq .............................. .... 14.2 Progress schedule, CONTRACTORs ........... Z6.2.8.2.9. .................I..........-.... 6.6, 6.29, 10.4. 15.2.1 Project --definition of...............................................1.31 Project Representative- ENGINEER's Status During Constructior; ........ . . 9.3 Project Representative, Resident --definition of .... .. . L33 prompt payment by OWNER ...................................... 8.3 Property Insurance -- Additional _5.7 gencral5.6-5.10 Partial Utilization 5.15. 14.10.2 receipt and application of proceeds ............ 5.12-5.13 Protection, Safety and, ............................. 6.20-6.21, 13.2 Punchlist ..........................................................14.11 Radioactive TIaterial defintion of .....................................................1.32 general4.5 OWNER's responsibility for. .............................. $.10 Recommendation of Payment .......... . __14.4,14.5,14.13 Record Documents ............. ..... .................. 6-19.14.12 : :..: Records, procedures for maintaining ..........................2.8 Reference Points .......................................................4.4 Reference to Standards and Specifications of Technical Societies .........................................3.3 Regulations, Laws and (or) ......................................6.14 Rejecting Defective Work ..........................................9.6 Related Work -- atSite ... ..................................................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,,,,,,,,, 6.28 Remedies, cumulative ......................... ............ 17.4.17.5 Removal or Correction ofDefective Work ................13.11 rental agreements. OWNER approval required ....11.4.5.3 replacement of ENGINFER, by OWNER .....................9.2 Reporting and Resolving Discrepancies ................................2.5, 3.3.2,6.14.2 Reports-- andDrawings .................................................4.11 and Tests, OWNERs responsibility--„ ..................0.4 Resident and Project Representative - definition of ....................................................1.33 provision for ............................................................9.3 Xil EXIDC GENERAL CONDITIONS 1910 -9 (1990 EDITION) w/ CITY OF FORT COLLINS MODMCA710M (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOW$............... 61 Responsibilities— CONTRACTORs-in general, ................................. 6 ENGIN[EER's-in general ........................................ 9 Limitations on .............................................9.13 OWNERS -in general .............................................8 Retainage ...........................................................14.2 114.2 Reuse of Documents ................................................ 3.7 Review by CONTRACTOR. Shop Drawings and Samples Prior to Submittal ..........................6.25 Review of Applications for Progress Payments............ .......... ...... 14.4-14.7 Right to an adjustment ........................................... J0.2 Rightsof Way .........................................................4.1 Royalties, Patent Fees and ........................................ 6.12 Safe Structural Loading ..........................................6.18 Safety. - and Protection ................................4.3.2, 6.16, 6.18, 111 ......................... 6.20-6.21. 7.2,13.2 general ................................................... 6.20-6.23 Representative, CONTRACTORs .......................6.21 Samples -- definition of......................................................1.34 general ..................................................... 6.24-6.28 Review by CONTRACTOR ................................ 6.25 Review by ENGINEER .............................. 6.26,6.27 related Work... .. ...................................... 0.28 submittal of ..... I. I . .................................. 6.24.2 submittal procedures..........................................625 Schedule of progress .............................2.6. 2.8-2.9. 6.6. ....... .. I . .... ...... ... .... 6.29,10.4,15.2.1 Schedule of Shop Drawing and Sample Submittals ............................... 2.6, 28-2.9, 6-24-6.28 Schedule of ValueA .............................. 2.6, 2.8-29.14.1 Schedules — Adherence to 15.2.1 Adjusting...........................................................0.6 Change of Contract Timeq .................................10.4 Initially Acceptable .......... __ .............. .......... 2.8,2.9 Prelim inary 2.6 Scope of Subsurface Conditions 4.2.1.1 Shop Drawings -- and Samples, general ................................6.24-6.28 Change Orders & Applications for Payments, and ......................................... 9.7-9.9 definition of . .. ... ............................................. 1.35 ENGINEMs approval of ................................. 3.6.2 ENGINEER!s responsibility for review ..................................... 9.7, 6.24-6.28 related Work 0.218 review procedures ................................ 7 8, 6.24-6.28 Article or Paragraph Number submittal required ...............................................6.24.1 Submittal Procedures 6.25 use to approve substitutimiI ............ ................. 15.7-3 Shown or Indicated 4.3.1 Site Access ...................... _ ............................. 7.2,13.2 Site Cleanliness......................................................0.17 Site, Visits to — by ENGINEER .......................................... 9.2, 13.2 byothers ..........................................................13.2 .special causes of lose policy form, insurance ........................................................5.6.2 definition of., ...... ..................... .................... 1.36 Specifications— defination of ....................................................1.36 of Technical Societies, reference to ..................3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies........................................ * 3.3 Starting Construction, Before ......... __ ................ Z5-2.8 Startuag the Work .............. ................... ............ Stop or Suspend Work -- by CONTRACTOR ...........................................15.5 by OWNER ....................... .............. 8,8. 13.10. 15.1 Storage of materials and equipment .................... 4.1,7.2 Structural Loading, Safety,,,,,,,,,,,,,,,,,,,,, ................... 6.18 Subcontractor_ Concernin& ............................................. _04-6.11 definition of .....................................................1.37 delays.................. ................ __ ..................... 12.3 waiver of rights ....................................... ......... 6,11 Subcontractors --in general ................... ............. 6.8-6.11 Subcontracts --required provisions, ...... JAI, 6.11,11.4.3 Subm ittals— Applications for Payment, .................................14.2 Maintenance and Operation Manual* ..............14.12 Procedures 0.23 Progress Schedules ... _ ................................ 2.6,29 Samples ............................... ................... §.24-6.28 Schedule of Values ... *and' .2.6,14.1 Schedule of Shop I:Samples Subm issions......................................2.6, 2.8-2.9 Shop Drawing......................................... . 6.24-6.28 Substantial Completion — certification of ............................6.30.2.3, 14.8-14.9 definition of ............................... ___ --------------- 1.38 Substitute Construction Methods or Procedure* ........ 6.7.2 Substitutes and 'Or Equal' Items ...............................6.7 CONTRACTOR!s Expense ............................6.7.1.3 ENGINEERs Evaluation .................................6.7.3 "Or -Equal" ...................................... ...... 6.7.1.1 Substitute Construction Methods E1C1)C GENERAL CONDITIONS 1910-8 (1990 EDITIWO w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9t991 Article or Paragraph Number or Procedures . ................................ 6.7,: Substitute Items, ........................................... 6 7. L. Subsurface and Physical Conditions -- Drawings of, in or relatirig to ..................... . 4,2. 11 ENGINEERs Review 412.4 general.... ......................... ................................ 4.1 Limited Reliance by CONTRACTOR Authorized..................................................4.2.2 Notice of Differing Subsurface or Physical Conditions ............................. ........... A.2.3 Physical Conditions............................I..........4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments,,,,,,,,,,,,,,, 4.2.6 Reports and Drawings ......................................4.2.1 Subsurface and 41 Subsurface Conditions at the Sitq ...................4.2.1.1 Technical Data 4.2.2 Supervision-- CONTRACTORs responsibility ...........................¢.l OWNER shall not supervise, ................................8.9 ENGINEER shall not superv* ................ Q.Z 9.13.2 Superintendence .... ....... .......................................4.2 Superintendent, CONTRACTORs resident ............... 0.2 Supplemental costs ..............................................11.4.5 Supplementary Conditions_ definition of.....................................................1.39 principal references to .................1.10, 1. 18, 2.Z 2.7, ........................4.2, 4.3. 5.1. 5.3. 5.4.5.6-5.9. ':* ...... * .... ", 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9. 10 Supplementing Contract Document$ .........................3.6 Supplier -- definition of ............................... ................ 1.40 principal references to„......., 3.7, 6.5, 6.8-6.1 1, 6.20, ...............................0.24. 9.13.14.12 Waiver oflkiihi 15.11 Surety -- consent to final payment ....................... 34.12,14.14 ENGINEER has no duty tq ...... 0.. 0 ........ 0 .............9.13 Notification of ................. 0 .............. 10.1, 10.5,15.2 qualification of ....... ................................. 5.1-5.3 Survival of Obligations ... 0 ........................................ 6.34 Suspend Work, OWNER May ........... ......... ..11.10. 15.1 Suspension of Work and Termination— ........... 15 CONTRACTOR May Stop Work or Term inak .................................... 4 ........ J5.5 OWNER May Suspend Work .... 0 ..... 0 ................... I 1 5.1 OWNER May Terminate . ............................ 15.2-15-4 Taxes --Payment by CONTRACTOR ................. 10 ...... 0.15 Technical Data -- Limited Reliance by CONTRACTOR... ........ 0 ..... #.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions ................................ xiv Temporary construction facilities . ........................... 4.1 Article or Paragraph Number Termination -- by CONTRACTOR ...........................................15.5 by OWNER ........................................8.8, 15.1-15.4 of ENGINEERs employment ...........................L.. 8-2 Suspension of Work-in general .............................15 Terms and Adjectives ' '* . . .... ........ '* ........... jA Tests and Inspections— Access to the Work, by others ............................13.2 CONTRACTORs responsibilities ......................13.3 cost of 13 A covering Work prior to .............................. 13.6-13.7 Laws and Regulations (or) ........ .... .................. 13.5 Notice of Defccts 13.1 OWNER May Stop Work ................................. 13.10 OWNEWs independent testing ..........................13.4 special, required by ENGINEER, ......................... R.6 timely notice required ...... ...............................13.4 "*' '* ........... * ...... * ..... 13-4 Uncovering the Work, at ENGMER's request. ................................................ 13.8-13.9 Times -- Adjusting................................ ......................... 0.6 Change of Contract ............................................ 12 Computation of................................................17.2 Contract Times --definition of ............................1.12 day .........................................................17.2.2 172.2 Milestones..........................................................12 Requirements -- appeals... ................. ....... .................... 9.10.16 clarifications, claims and disputes ... ........ 9.11.11.2.12 Commenccmentof ContractTimes ..................' ') 3 Reconstruction Conference� ..........................28 schedules 1.2.6,2.9, 6.6 ' Starting the 1��4 .........................................2.4........ Title. Warranty of...................................................14.3 . Uncovering Work .......... _ ... ................. ......... 13.8-13.9 Underground Facilities, Physical Conditions — definition of . .... ... ... .......... ...... ................... 1.41 Not Shown cr Indicated.... . .............................. 4.3.2 protection of .......... ......................... ......... 4.3.6.20 Shown or Indicated .........................................4.3.1 Unit Price Work — claims ........... _ ....... ..... .... .............. .... 11.9.3 definition of....................................................1.42 general 11.9, 14.1, 14.5 Unit Prices-- gencrall 1.3.1 Determination for 9.10 Use of Premises ... . . ...... ......... 6.16. 6.18. 630.14 Utility owners ............................. 0,13, 620, 7.1-7.3,13.2 Utilization, Partial ...................1.28, 5.15, 6.30.24, 14.10 Value of the Work- . _. ......................................... . 113 Values, Schedule of..............................2.6. 2.8-2.9,14.1 EXVC GENERAL COMMONS 1910.9 (1990 EDITION W/ CITY OF FORT COLLINS MODIRCAMONS (REV M) Variations in Work --Minor Authorized .............................. ......... 6.25, 6,27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER..... ........ . .............. 9.2 Waiver of Claims --on Final Payment ......................14.15 Waiver of Rights by insured parties .................. 5.11, 6.11 Warranty and Guarantee, General —by CONTRACTOR ................................................0.30 Warranty of Title. CONTRACTOEts ........................14.3 Work — Access to ..........................................................13.2 by others,_ ................................... 7 Changes in the .............................. . ..................... 10 Continuing the ..................................................0.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of .................................. ........ .... 7.4 Cost of the 11.4-11.5 definition o( .. . ..................................................1.43 neglected by CONTPUACTOR ...........................13.14 otherWork ............................................................7 OWNER May Stop Work ................................. 13.10 OWNER May Suspend Work ................... j3.10,15.1 Related, Work at Site .............. ....... ......... ... 7.1-7.3 Startingthe .................. ...................... ........ 2-4 Stopping by CONTRACTOR .............................15.5 Stopping by OWNER ................................. 15.1-13.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directive — claims pursuant to. ........... ...... __ ......................10.2 definition o(.... ... ....... .................. .......... ....... 1.44 principal references tq ...................... 3.5.3.10.1-10.2 Written Amendment -- definition of 1.45 principal references to ............... 1 15.12. . ................ .... 0.6.2,6.8.2.6.19,10.1, 10.4, - ..... ..................... 11.2.12.1. 13.12.2,14.7.2 Written Clarifications and Interpretations, ................................. 3.6.3.9.4.9.11 Written Notice Required -- try CONTRACTOR ............................ :7.1, 9.10-9.11, ........................................... 10A, I LZ 12.1 by OWNER ..................... 9. 10-9.11, 10.4, 11.2, 13.14 xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITIOND w/ CITY OF FORT COLLINS MODIFICATIONS (REV 91".) (This page left blank intentionally) E)CDC GENERAL CONDITIONS 1910 s (1990 EDITION) w/ CITY OF FORT COLLINS MODMCATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1—DEMITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed, other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Pm7nii rt--The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that cw8auns more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bic —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work - to be performed 1.6. Bidding Documents —The advertisement or invitation to Bid. instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bondr—Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement 1.10. Contract Docunients—The Agreement, Addenda (which pertain to the Contract Documents), CONPRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the VMC OENERAL CONUTION5191" (1990 Eatim) Wl ©TY OF FORT 001,11M MODIFICATIONS (REV 4,1000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragaphs3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 42.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work- in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for fuel payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CON7RACTOR--The person, firm or corporation with whom OWNER has entered into the Agreement 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection. reference standard. test or approval referred to in the Contract Documents, or has been damaged prior to ENG]N[aR's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope, eetent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1.16. 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. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Cordrad Times. 1.20. General Requirements —Sections of Division 1 of the Specifications. 121. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste D sposaI Act (42 USC Section 6903) as amended frtnr time to time. 1.22.a. laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and coma having jurisdiction 122 b. Legal Ho6dws--shall be those holidays observed ¢y the C& of Fort Collins 123. Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAward—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated thereirt within the time specified OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corporation, association, firm or person with wham CONTRACTOR has entered into the Agreement and for whore the Work is to be provided 128. Partial Utilisation —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls 1.30. 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. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of E)CDCGENB AL CONDITIONS 1910-8 (19" Edition) w/ C7TY OF FORT COLLINS MODIFICATIONS (REV 4/1000) 1954 (42 IISC Section 2011 et seq.) as amended from time to time. 1.32.4 ReRtdar Woddng Hows-Regular working hotas are defined as 7:00am to 6:00= uriless otherwise %ecified in the General RK*cments. 1.33. Resident Project Representatrw—The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 134. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establ sh the stand -ads by which such portion of the Work will be judged. 1.35. Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written tecltnical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto 1.37. Subcontractor --An individual, Grin or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part therecio has progressed to the point where, in the opinion o ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contact Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended, or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13 The terms "substantially complete" and "substantially ompleted" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Con&dons—The part of the Contract Documents which amends or supplements these General Conditions. ) AR Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Undergrowrd Facilities —All pipelims, conduits, ducts, cables, wires, manholes, vaults, tanks, turmels or other such facilitiess or attachments, and an encasements containing such facilities which have been installed underground to futrnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications. cable television, sewage and drainage removal tragic or other control systems or water. 1.42 Urdt Price ti ork—Work to be paid for on the basis of unit prices. 1.43. Work --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and fiurushing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing c cuments, all as required by the Contract Documents. 1,44. Rork Change Directive —A written directive to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties enpect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Orr following negotiations by the parties as to its efTect if any. on the Contract Price or Contract Times as provided in paragraph IO2. 1.45. Written Amendment —A written amendment of the Contact Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonenginetring or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PREMUNARY MATTERS Delivery of Bandr: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Capfes of Documents: 2.2. OWNER shall famish to CONTRACTOR up to ten &pies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary fix the owcution of the Work. Additional copies will be famished. upon request, at the cost of reproduction Commeuoauart of Cenaact Times; Notice to Proceed• 2.3. The Contract Times will commence to rim on the thirtieth coy after the Effective Date of the Agreement, or, EXI)COEMRa CONDlTlOM l91a.8fl9"Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4na00) 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 In An event lvill the GentFast Times wmme we-te-run-later ilwn- d esi afedr air of -the PgreemenL-whichever date-iseerliee Starting the Work. 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be dote at the site prior to the date on which the Contract Times commence to run Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby: however. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requircmcrts), CONTRACTOR shall submit to ENGINEER for review 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals wluch will list each required submittal and the times for submitting, reviewing and processing such submittal, 2.6.2.1. In no case will a schedule be �cceotab w•�Iich allows less tttan_2_l_c�)gnd�r days far each review by Enyincer. 26.3 A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before anv Work at the site is started, CONTRACTOR and-GWN£R shall each deliver to the e4w OWNER with copies to ENGINEER. certificates of insurance (and other evidence of insurance Feason-u -rtya ree5i G- r1 by OWNER) which CONfRACTOR�t& G".�.^h: :ely aFe is required to purchase and maintain in accordance with paragraphs 5 a 5 6 and 7. Pmoonsrrucdon Conference: 2.& Within twenty days after the Contract Times start to run, but before any Work at the site is started a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working ttndertarding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. InitiallyAcceprable Schedules: 2.9, Unless otherwise provided in the Contract Documents Application d'orPeyment lx:Core any work at the site begins, a conference attended by CONTRACTOR ENGINEER and others as appropriate design ated.hy OWNER will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph2.6. and Division 1 - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER ;s provided below The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER reity for the sequencing, scheduling or progress of the Wark net interfere with or reliev CONTRACTOR from CONTRACTORS full responsibility therefor. CONfRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMENIDING, REUSE Intent 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary-, what is called for by one is as binding as if called for by all. The Contract Documents will be cansfi t in accordance with the law of the place of the Project. 3.2. It is the intent of the Contact Documents to EICDCOENERA. CONN710M 19108 (1990Editim) w/ CITY OF FORT COLLIM MODIFICATIONS (REV 4r2000) describe a functionally complete project (or part thereot) to be constructed in accordance with the Contract Docmments. Any Work, materials o 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 whetter or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENOIN'EEP as provided in paragraph 9.4. 3.3. Reference to Standards and Specifec4dens of TwAnicat Societies; Reporting and Resohing Discrepancies: 3.3.1. Reference to standards, specifications manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whetter such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or. on the Effective Date of the Agreement if there were no Bids), except as may he otherwise specifically stated in the Contract Documents. 3.3.2. It during the performance of the Work. CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, aril CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 33.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by nmerdmenL or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6. the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1 the provisions of any such standard, spm1fcation, manual code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of suds Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties arid responsibilities of OWNER, CONTRACTOR or ENGINEER or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the famishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed". "as approved" or terms of like effect or import arc used or the adjectives "remnable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of lice effect or import are used to describe a requirement erection, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the fttrnishmg or performance of the Work or any duty or authority to undertake responsibility contrary to the provisiotss of paragraph 9.13 or any other provision of the Contract Documents Amending and Sapplemenhng Convact Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.51. a Change Order (pursuant to paragraph 10.4), or > MXOENERAL CONDInorls 19104 (t990 Edhm) w/ CITY OF FORT COLW M MODIFICATIONS (REV 42000) 3.5.3. a Work Change Directive (pursuent to paragraph 10.)). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5). 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6 26 and 6 27), or 36.3. E'NGINEEWs written interpretation or clarification (pursuant to paragraph 9A) Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organimtion performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, SpMrICatiom err o cr documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (i) shall not reuse any of such Drawings, Specifications, other documents or copies on eMensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4—AVAH AMITY OF LANDS, SIJBSMFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4, L OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR g�'�.yhall kTiish CONTRACTOR with -*Kieet lands - ad - Of eccordaner—wgh--applicable— bows— �aR-eguktwm OWNER shall identify any encumbrances or restrictions riot of general application but specifically related to use of lards so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extert of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these Iands rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12, CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-3 00100 Instruction to Bidders 00100-1 - 00100-8 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-4 00420 Statements of Bidders Qualifications 00420-1 - 00420-5 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-1 00520 Agreement 00520-1 - 00520-5 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-4 00900 Addenda; Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 00960 Application for Payment 00960-1 - 00960-6 SPECIFICATIONS/DRAWINGS CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface andPhvsicalConeffrions: 411. Reports and Draaings: Reference is made to the Supplementary Conditions for identification of. 4.2.1.1. Subsuface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.12. Physical Comirtiorns: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.22. Limited Reliance by CONMACTOR Authorized• Technical Data. CONTRACTOR may rely upon the general accuracy of the "tedmical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER ENGINEER or any of ENGENEER's Consultants with respect to- 4 22.1the completeness of such reports and drawings for CONTRACTORs purposes including, but not limited to, any aspects of the means. methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2 2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3, any CONTRACTOR interpretation of or conclusion drawn from arty "technical data" or any such data, intcrpretatioru, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 42.3.1, is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.22 is materially inaccurate, or 4.2.3.2, is of such a nature as to require a charge in the Contract Documents. or 4.23.3. differs materially Goon that shown or EXDC GENERAL CONDITIONS 19104; (1990 E(litim) cot CITY OF FORT COLUM MODIFICATIONS (REV 42M0) indicated in the Contract Documents, or 4.2 3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permuted by paragraph6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. GNUMER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Doctanents Charige: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such charge. 4.2.6. Possible Price and Times Ai#wdments. 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 CONTRACCOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.I through 4.2.3.4. inclusive. 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6A. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if: 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Tines by the subramston of a bid or becoming bound under a negotiated contrack or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any c.xamuation investigation. exploration test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTR.4CfOR's making such final commitment: or 4.2.6.4.3, CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Rice or Contract Tunes, a claim may be made therefor as provided in Articles I and 12. However, OWNER. ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3. Physical CondiSons�—Undoground Fadhiies: 4.3.1. 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 an information and data furnished to OWNM or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions 4.3.1.1. OWNER and ENGIN ER shall not be responsible for the accuracy or completeness of any such information or data, and 4.3.1.2. The cost of all of the following will be included in the Comma Price and CONTRACTOR shall have full responsibility for: () reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documenrs,(iu) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph6.20 and repairing any damage thereto resulting from the Work. 4.3.2. 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 Cmtract Documents, CONTRACTOR shall, prempdy immediately after becoming aware thereof and before finTher disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph623), identify the owner of such Underground Facility and EJCDC GENERAL CONDITIOM 19104 11990 Eduom) w/ C1TY OF FORT COLLINS MODIFICATIONS (RF.Ir 42000) give written notice to that owner and to OWNER and ENGINEER ENGINEER 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 ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Coder will be issued as provided in Mick 10 to reflect and document such consequences. During such time. CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONCRACI'OR 4"m• be allowed an increase in the Contract Price or an extension of the Contract Times, or bah, to the cam that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjusunem in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12. However, OWNER ENGINEER and ENOINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4 OWNER shall provide ergineering surveys to establish reference points for connsWction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference pouts and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall repot to ENGINEER whenever any reference point 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 by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Rasre or Radtoaeave Dlaterial: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OW'NER shell not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. n c 1 rnwrrn 4_GTOK..shag immediately:-Fi) stop all and lexsef�.A in an IHTH b'fnt*V thereafterconfirm rat"aa oemuk,widrf: ZINE'Roemcenvttgthtneeessdy-for ifarw-. GG?914ACTOR shall net be $ite. ine-Work or is arw L ..lY_�_J - 'I Ra- PIA, c0 11A.9 L. i d sei1-."ncv�eQ vino-�t:rano.--e...r.ve'hi irk' rrv.mo rer n' __- - - tend ered -fbf -the-resumlpuorr�-AV-ork.-or mstlndaF-w}tiaf}suah WaFk- -maybe---re%;Z-safely.--l"AVWBR -and GONTR A(T/lIJ _ __ title.»_... to the a.z.ov:r'of e.. CBRIPgat e-<*Mc: on faiit r-mrT:_. _ern. f me Work-4. pp ige or sue Vtspecial *mditi<ms urnler which either -party may snake a It, eFef-F as pFewidaFl in r1FEi¢las�}and-1?- A c+-r�--iraA.oF-iee91 based -cm *Peasflfab -belief it isAursale-.- er-tkien rnri cc�rtditions: tltrat)W�«BR-ateY-order-'sue}rRatRion t�f the_ Workthatis in connection-with-rich-hazar<kws condition or-ut such a0ected area tou-Irani the-Wiwk--If -GWNT;R and-C(NJTRAG44)R--canner adjusrment;-ifany, mt 'ontmot-Prior-orfantractTimes __ - -._.r. _r .1.,-.[_- -.._L _r.L. nr__t. .L._ liFiief-pally'--may-raaktra-GlaffH-�12TCf01'a5-pF61'[ded-in portion -a she ZV awn such claim. GW?t -te iniemnify-any Tersoww-entt Gom and agamm;t m.-c(rrsegttettcesof that prisons of -rot ry's O%L I -fir 4.54 TL. _. FiiORS of _..........._L.. A') .._.1 A 1 .. mt)t-t *w.,Jed W apply- to Asbcsto3; ir'oleurn. JTR?RFd011-' 11414e- OF FB .,AT.4lalthe gile ex-DCcENUnAL Cot4DITIONs 1910.8 (1990Edihan) w' CITY OF FORT COLLINS MODIFICATIONS (REV 4r2000) I: RVCelli *9:1IUII.`11titltv`,Y4;7:��Ltly Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Pavment Bonds, each in an amount at least equal to the Cun uud Price as security for- the faithful performance and payment of all CON'TRACTOR's obligations 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 b) Laws or Regulations or by the Contract Documents CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such surdies 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 (amended) by the Audit Staff Bureau of Government Financial Operations, U.S. Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR 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 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and suety, both of which must be acceptable to OWNER 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Borals and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages a) required Such surety and innuance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4 OWN'ER--shall deliver-�o--CETaR—w+th�opias�t�-aaeh additional- inuurmd identified in dic-Supplementary Conditions,-ceitificates of msureFtw (end-tt}tar ovi&r e-of�re uraiwa tee tr-ttiw -t)flltS-addIt Rkitll-a1Slt1hi)whieh 0!64WER �whasaamd-mainta n iPraeaense worth CONTR4CTOR's Liability Insurance.• 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and fitnitstiirg of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, an)' Subcontractor or Supplier, or by anyone directly or indirectly employed by any of than to perform or furnish any of the Wok, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damage's because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's cmployecs; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employeest perseanal�utiy�liabi}ity coverage-which�re-sustainal persorrby s9P�AC�F4JI�a {i�}by<any-ot}trx�nasorn-for-any odrer-reesok 5.4.5. claims for damages, other than to the Work itself because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle The policies of insra. nee so required by this paragraph 54 w be purchased and maintained shall. 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9' include as additional insureds (subject w any customary exclusion in respect of professional tiabih)ry OWNER. ENGINEER, ENGINEERS Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional instveds, and include coverage for the respective officers and employees of all such additional insureds, 5.4.5. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations. whichever is greater. 5.4.9. include completed operations insurance. E1CDC OENERAL CONDIMOM 19105 f1990 Edtionl w/ t77Y OF FORT OOLLINS MODIFICATIONS (REV 4r'000) 5.4.10. include contractual liability instuance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6,16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled. materially Banged or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to wham a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be eonrectirg, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OW7V R'sLiabifioInsurance. 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own lability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance. .`� 6-1 inelude �`r1ATT r'!p�w 1nkd12af9�r -in6+. n . Sb,— vMEpp EN641459R's oultmms-andaty-ohe-peiwm-or entities identili�vi im- Aionv ert�ah sll4nelisteliasam irearedor edditiorel ensured: 5.62s$uildees-Risk--all-eisk'= open-pariler-c3xwinl ceusaso€ loss polwy-€orm 4hat damage to the Wo -fiaFsework And Wed, n gHms! Fitleast 1r,_ l'o-Wi_., PeFera_. r._ hghi..:.._ extimid.i txtverege,-obeli--Kande�stl-and- maltcious--mmalue€, HAS "cificellyrequiredbythe upplrntentury-Conditions: SA.4.-inoktde-etpenses-incurred in, -the repair or }he lt_d _..� f-�* -111,.....a ..t... f e;gureers-9m9 ttrdttteotsj of at another leeakien that SN wj a._.. :__,..ded in an Appli,... __ fer�evrtterttreettnm+ended tned�u - -�8 -d-to in writing A\11A.I^D (�!1\\1TD Al`TIID __J Cl�t/_iTiDDD the deJ _ ".iiten.-sott o--to -eeolr ot#reF edtkttexel issutid 3-7- OWNERahali rwviw. whi meint9im-juelr boiler and Stec}wtary ifrsurertca c f a id t k tcd property -insurance Eaw"W -Regulations-wltich-will iru lurk-theinterests-of bNGLhTsER'sC tuiltants and env other persons or entities identified in the Supplementary C trlitaons, each of whom tsdeentedteh9vaart-tmufebk$aaest$ralsh" be ltstedes an -insured oradditiamlAn ured- S 8. RN Jtepelieiesof-etsurenoe{ertirhe-anifimtes ar mainteifkd-by CAV14 s w—ilecondance %vJvperagmphs36 coverage _m__ t_ t ..- ❑ _ . tit _-.t ells �f�selcxie!!v wittem natite--`as-beat giver ti ads r eeke o�vtsutattsa-hasbx issued -end -will ---- In partwuph 5.11-:� 5.9. OWNER shall not be responsible for purchasing and maintairtirtg any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the -Work-- that.tttiw of-my-deduotiblo-amoums-";-art less-withinsuoltieiar>Etfiad deduatible emoun�-willba bottiit by vT RAC 9R.-SubcttrAmdor-or-othefs sufftnrgany site}t-kss�nt�tf-anya�€�.hem-twshts-propuffy- _irtAvancN puwhese end maintain it at -the purch9sefsown expense. 5.10. if GGQ`;TRAC-T'-0R-requests-in-writing-that--otha special-iromen.:e be -included in the property- inwrance sh91�iC-1 ew ble-mcludr-welt--venaeroe, eml-Flte-vrrA M,ill '<k�tg' ar a Order OF 11 1ttet A enndmantt AiGFe EJCDC GENE[Ca1. CONDITION51910.3 (1990 Edition) 10 w/ CT TY OF FORT COLLIM MODIFICATIONS OT EV 42000) _ •P. I .Y_ •. _WmIA4. TJ7�. &i'1—Paiw of {I* ht& sum-GWN R-er9#4G6NNTRAGTEtRyntendthmaII avid 7 i11- CxoEa t-$WNfiF�£-0A7? 18� suehPe4leie0 4,e41-eemem prevtsiens 1-3 dw� that of rayment of an� loss oF damage -the usurers w'k}-h9vanarigYttgoC-reoeveryeguinst-eny of the OF 0 BPM e�+rY�a n\a'�T n- A mna —evm� r-varw9:'�gem dueotors empltyeas--atd egertts kf ell -losses and d9 rages root any of the-txri4.v-Wvcvad iy-suoh-policies-nnil tury atther-property insurance arsi in-additim waive all ..such.-twits----aplirctt Subcontractors, - EtiGlivTsER,-—ENGI^.EER's Fanw4tents tm-the - Supplementary --C ed-as losses -and damages -so causal_--tiv,tr-of-t#taabcwe waiters-shall-ex¢end-ti the-regM%that-any-{lerty inekirtg-such weaver -may hevrto-lhe-praxe&-of inrurance-htlid 4ty-9WNi,,'R-a5-trustee-or-u4herwiw less due !a btmmss inte"" or, lem of we at othet, wnf,tal less exten—'n- GIWNER§--prep4mty-or- the --We\rk--ce.—I. M�#aehn�er�teEtrsurrd�g�-ertd Project er-part-thereof caused -by: erisingout of or by-eny--prolorty-insuran e-maintained-en-the caaepletecl.-Project-or-part thereof -by-OWNER during- -partial - utiliatiat Ieasuent to pursuant to paragraph 14.8 or after firta i payment pursuant -toparagreph-µ 13. Any _insumme policy maintained-lw-QWW6R-towrft mtz9ph341:2-shallcamaimprov tx-xwtethe-effmttlut recovery-against-e buntrectors. direc'toa , employees xwl,gentti arty+ifthesn Receipt andApplication of/nsuraneeProceeds: 5.1'. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER end 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 513 OWNER shall deposit in a separate account arty money so received and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any lass with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties it 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 isurers ^_•' it _ __d : g by a i taiesk )Aq' a< fhiUctary-'sue}-8tve�.-fer--die proper-perCotmance4 such duties. .Acceptance of Bonds and Insurance; Option to Replace: 5.14. If OWNER has any objectionto the coverage affarded by or other provisions of the Bonds --or insurance required to be purchased and maintained by the ether--P", CONTRACTOR in accordance withArticle 5 on the bass of non-conformance with the Contract Documents, the OWNER will notify CONTRACTOR in wrunmgg within ten fifteen days after meeipt delivery of the certificates (er ether evidarax mqutested) to OWNER as required by paragraph 2.7. ordee dx whin was required -to- provide such Order shall be iss to adjust -the Partial Utilimdon-PropemInsurance: 5.15, If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS asters (19N Edbm) w/ QTY OF FORT COLLINS MODQ•ICATIONS (REV 4rl000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; prn ovided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes N coverage necessitated thereby. The insurers prOYldmlg the property 1RSLfaI10e Shall COnSer1l b}' endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy ARTICLE 6-CONTRACTOR'S RESPONSIMLITiES Supervision and Superintendence: 6,1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, blater dls and Equiprrrrmt 6.3. CONTRACTOR shall provide competent, suitably qualified petscrmel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Wok at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or am legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER nu less than 48 hours in advance of any Work to be performed on Saturday. Sunday. Holidays or outside the Regular Working Hours. 11 6.4. Unless otherwise specified in the General contains or is followed by words reading that no like, Requirements, CONTRACTOR shall furnish and assume equivalent or "or -equal" item or no substitution is full responsibility fix all materials, equipment labor, permitted other items of material or equipment or transportation, construction equipment and machinery, material or equipment of other Suppliers may be tools, appliances, fuel. power, light, heat, telephone, water, accepted by ENGINEER under the following sanitary facilities, temporary facilities and all other circumstances: facilities and incidentals necessary for the furnishing. performance, testing start-up and completion of the Work 6.7.1.1. 'Or -Equal": If in ENGINEFR's sole discretion an item of material or equipment 6.4.1. Purchasing Restrictions: CONTRACTOR proposed by CONTRACTOR is functionally must comply with the Citv's ourchasina restrictions. A equal to that named and sufficiently similar so that c . v of the resolutions are available for review in the no change in related Work will be required, it may 4 ices of the Purchasm and Risk Mariagemait be considered by ENGINEER as an "or -equal" Division or the City Clerk's office. item, in which case review and approval of the proposed item may, in ENGINEER's sole 6.41 Cement Restrictions: City of Fort Collins discretion, be accomplished without compliance Resolution 91-121 regui{es that suppliicrs and�roducers —cement -or with some or all of the requirements for of products containing cement to certify that acceptance of proposed substitute items. the ccm 2 was not made in cement kilns that bum 6.7.1.2, Substitute Items: If in ENGINEER's sole hazardous wash; as a fuel. discretion an item of material or equipment proposed by CONTRACTOR does not qualify as 6.5. All materials and equipment shall be of good an "or -equal" item under subparagraph 6.7.1.1. it quality and new, except as otherwise provided in the will be considered a proposed substitute item. Contract Documents. All warranties and guarantees CONTRACTOR shall submit sufficierit specifically called for by the Specifications shall expressly information as provided below to allow rim to the benefit of OWNER If required by ENGINEER ENGINEER to determine that the item of material CONTRACTOR shall furnish satisfactory evidence or equipment proposed is essentially equivalent to (including reports of required tests) as to the kind and that named and an acceptable substitute therefor quality of materials and equipment. All materials and The procedure for review by the ENGINEER will equipment shall be applied installed connected, erected, include the following as supplemented in the used, cleaned and conditioned in accordance with General Requirements and as ENGINEER may instructions of the applicable Supplier, except as otherwise decide is appropriate under the circumstances provided in the Contract Documents. Requests for review of proposed substitute items of material or equipment will not be accepted by Progrm Schedule. ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to 6.6. CONTRACTOR shall adhere to the progress famish or use a substitute item of material ur schedule established in accordance with paragraph2.9 as it equipment, CONTRACTOR shall first make may be adjusted from time to time as provided below: written application to ENGINEER for acceptance thereoll certifying that the proposed substitute will 6.6.1. CONTRACTOR shall submit to ENGINEER perform adequately the functions and achieve the for acceptance (to the extent indicated in results called for by the general design, be similar paragraph 2.9) proposed adjustments in the progress in substance to that specified and be suited to the schedule that will not change the Contract Tunes (or same use as that specified The application will Milestones). Such adjustments will conform generally state the extent, if any, to which the evaluation to the progress schedule then in effect and additionally and acceptance of the proposed substitute will will comply with any provisions of the General prejudice CONTRACTOR's achievement of Requirements applicable thereto. Substantial Completion on time, whether or not acceptance of the substitute for use in the Work 6.6.2. Proposed adjustments in the progress schedule will require a change in any of the Contract that will change the Contract Times (or Milestones) Documents (or in the provisions of any other shall be submitted in accordance with the requirements direct contract with OWNER for work on the of paragraph 12.1. Such adjustments may only be Project) to adapt the design to the proposed made by a Change Order or Written Amendment in substitute and whether or not incorporation or use accordance with Article 12. of the substitute in connection with the Work is subject to payment of any license fee or royalty. 6.7. Substitutes and "Or -Equal" Items: All variations of the proposed substitute from that specified will be identified in the application and 6.7.1. Whenever an item of material or equipment is available maintenance, repair and replacement specified or described in the Contract Documents by service will be indicated. The application will using the name of a proprietary item or the name of a also contain an itemiaed estimate of all casts or particular Supplier, the specification or description is credits that will result directly or indirectly from intended to establish the type, function and quality acceptance of such substitute, including casts of required Unless the specification or description redesign and claims of other contactors affected EICDC OENiRAL CONDITIONS 19104 (1990 Emtian) 12 w/CITY OF FORT COLLJM MODIFICATIONS(REV 4/2000) by the resulting change, all of which will be considered by ENGLNEER in evaluating the proposedsubstitute. ENGINEER may rcyuve CONTRACTOR to hunish additional data about the proposed substitute. 6.7.1.3. COMRRCTOR's Expense: All data to be provided by CONTRACTOR in support of any proposal 'or -equal" or substitute item will be at CONfRACTORN expose. 6.7.2 Substitute Construction Methods or Procedures: If a specific means, method technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow, ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.73- Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEERs pnor written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing OWNER may require CONTRACTOR to finish at CONTRACTORSs expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1 2 and 6.7.2 and in making changes in the Contract Documents (or in the provisiort% of any other direct contract with OWNER for walk on the project) occasioned therebv. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item . 6.8. Concerning Subeontracrors, Suppliers and Orkers: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGLNEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGD`"EER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EX DC GENERAL CONDITION819108 OM Mum) w/ CITY OF FORT COU.IM MODMCATIOM (REV 42000) 6.9. CONTRACTOR shall �rerfomt not less than 20 Percent of the Wak with its own faces (that i3 hTho20Waru'rem nutsnorewllobeumnft the value of which totals not less than 20 percent of the Contract Price. 6.8.2, Biddin Doctrments require the identity of certain Subcontractors, Suppliers or other persons or organizations (includirng those who are to furnish the principal items of materials or equipment) to be submitted to OWNER data prior m the Effective Date of the Agreement for acceptance by OWNER and ENGINEER-4rA-W CONTRACTOR has submitted a list thereof A211ARJORAR Willi the 0811"El OW'NER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents,) of eny-saoh-SuEwirinr n kWr.-Sty p4iar of other-Ferson or be --a; }oasis-ofrcaw mbk<bjeuliort rRer due-+rwra gati.Kt Ni-which-ease h *'Ton dull-submir-an acceptable substitute, the-Conttaa price will be adjustady the-ditiarartea in�lna-cost-o asKned by a ash-sabstituttoty d +vi}i--be--Issued or 1Wiaten Amendntettt-signet: will constitute a condition of the Contract requiring the use of the named %uboontraaas, suppliers or other persons2r organ nu x on the Wort_unless pr or written approval is obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other persona orgamation shall constitute a waiver of any right of OWNER or ENGINEER to reject drfecrive Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors Suppliers and other persons and organizations performing or furnishing any of the Wok under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the pan of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization cxept as may otherwise be required by Laws and Regulauors. OWNER or ENGINEII2 may furnish to ame subcontractor, supplier or other pe or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for payment". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other person% and organizations performing or furnishirg any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGIlv'EER through CONTRACTOR 6,10 The divisions andsections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Wok to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. lAve of miry-rueh-awtettrem is with au1t tart -wino -is listed - as -an aelditionel- irt�rred�xr�lte property-insuranee-provided-in patagre egreYntent —between--�ha euraairr provisior� whei ebj-[Fteentraeter of - 1�3GINE-IIi:--L?�1Fi1:v'FzER'S�ixnsukent�Ta.^•'... oll—otter addaKinal-Insureds for fill lows and damages --caused -by-, erica g�u4 ofex-resuhir g fr xn tinny -of the perils covered -by suchpohctes and any-atkk.F flrr+perty-muarnncattpp{icab{e-ter separate waiver -forms -to -be, sieved bYr- env .Suboomraotortx evil eblta» hr . Patent Fees and Royxlties• 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any Invention, design process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extern permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, E rGNF£R, ENGINEER'S Consultants and the officers, directors, employee.-, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any inkingemeru of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention design process, product or device not specified in the Contract Documents E)CDC GENERAL COMMONS 1910.8 (1990 Edtim) 14 w/ CITY OF FORT COLLINS MODIFICATIONS (RFV 42000) 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for at construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility, owners for capital costs related thereto such as plant investment fees. 6.14. laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work - knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and lhawirgs are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR'S obligations under paragraph 3.3.2. Taxes 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of die Work. 6,15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be 'x'Oanenrly uac�torated into lheycQ at. Said shall not be included in the Contract Price. Address. Colorado Deomtment of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado, Remml Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and arc included in the Certification of H.xemmtiaa. All applicable Saks and Use Taxes (including State collected taxes), on any items other than construction and building materials physically incorporated into the d !a =RACTOR and are to included in aporopriau bid items Use ofPremiser 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the rbons of workers w the site and land and areas idfied in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, no&,of way, permits and easemerns, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER ENGINEER's Consultant and anyone directly or 'indirectly employed by any of them from and against all claims• costs, losses and damages arising out of or resulting from any claim or action legal or equitable, brought by any such owner or occupant against OWNER ENGINEER or any other party indemnified hereunder to the e\ient caused by or based upon CONTRACTOR's performance of the Work 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of wane materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work CONTRACTOR shall restore to original coridition all property no designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents.' EYMCGENERAL CONIX lors19104(1990Eaum) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made dunning construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work. and prior to release oC final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protrct ion: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety oC and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work: 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.203. other property at the site or adjacent thereto, veluding trees, shrubs, lawns, walls• pavements, roadways. structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body hnvmg jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall ratify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may attect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6 20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR ari Subcontractor, Supplier or any otter person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the hult of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEEWs Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part to the fault or negligence of CONTRACTOR or any Subcontractor. Supplier or other person or organization directly or indirectly employed by any of them). CONTR.ACTOR•s duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 SECTION 00020 INVITATION TO BID notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Sajep• Represeniadve: CONTRACTOR shall designate a qualified and expaienccd retch, representative at the site whose duties and responsibilities shall be the prevention of accidcnts and the maintaining and supervising of safety precautions and programs. NaZard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR without special instruction or authorization from MN ER or ENGINEER is obligated to act to prevent threatened damage, injury or loss CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EICDC OENEFLAL CONDMONS 19I0.8 (1990 Edtim) 16 w! CITY OF FORT COLLthS MODIFICATIONS (REV 42000) purposes required by paragmph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawvtg o Sample, CONTRACTOR shall have determined and verified. 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog number and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work and 6.25.13. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Thawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the tune of each submission. CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal, and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 6.26. ENGINI= will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGMEERs review and approval will be only to determine if the items covered by the submittals will alter installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. E2,;GINEEks review and approval will not extend to nheans 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 rate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR stall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attcr tint in writing to revisiom other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGDNEhR's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.253 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28- Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGTN RR as required by paragraph 2.9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work: 6.29. CONTRACTOR stall arry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTR4CTOR's General Wi rrranh, and Guarantee 6 30.1. CONTRACTOR warrants and guarantees to OWNER, ENGIINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be 'kfectwe. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by. 630.1.1abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6,30.1.2. normal wear and tear under normal usage. 6.302. CONTRACTOR's obligation to perform and complete the Work in accurdance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EICDC GENERAL. CONDITIONS 19104 (1990 E3rim) wi aTY OF FORT COL LIM MODIFICA nONS OtEN 9!21000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 630.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGRTEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6,30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2 6 any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, 6.30.2.7. arty inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER Indemnification: 6.31. To the fullest extent permitted by laws and Regulations. CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER ENGINEER'S Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers. architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible pro }' (other than the Work itself), including the loss ot�usc resulting therefrom, and (u) is caused in whole or in pan by any negligent act or omission of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them maybe liable, regardless of whether or not caused in pan by any negligence or omission of a person or entity Indemniltedhereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 631_. In any and all claims against OWNM or EGINIIR or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor, any Supplier, any person or organiation directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or fir CONTRACTOR or any such Subcontractor, Supplier or other person or organization unler workers' compensation acts, disability benefit acts or other employee benefit acts 6.33. The indemnification obligations of CONTRACTOR tinder paragraph 6.31 shall not extend to the liability of ENGINEER and ENGfNEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival ofObligadons. 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHM WORK Related Wm* at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNERS own faces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documcnts, then: (i) written nonce thereof will be given to CONTRACTOR prior to starting any such other work and (u) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parries are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct comma and each utility owner (and OWNER, if OWNER is performing the additional wok with OWNER'S employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINTEER and the others whose work will be affected The duties and resposibilities of CONTRACTOR tamer this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EICDC OENFRAL CONDITIONS 1910.8 (1990 Edi m) is w! CITY OF FORT COLLINS MODIFICATIONS (REV 42000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other ctndradom. 73. If the proper execution or results of any pan of CONTRACTOR'S Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except fa latent or nonrapparem defects and deficiencies in such other work. Coorifnation: 7.4. If OWNER contracts with others for the Performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified, 742 the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3 the cuem of such authoritv and responsibilities will be provided. Unlesti� otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8—OWNER'S RESPONSIBILITIES 8.1. E=cpt as otherwise provided in these General Caditicas, OWNER stall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer agaixst whose status under the Contract Documents shall be that of the former ENGINEER 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and stall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14 13, 8.4. OWNEKs duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4, Paragraph4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. and+norrHaaFmg-hebiltty and set 8.6. OWNER is obligated to exeaRe Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals. is set forth in paragraph 13.4. 8.8. In connection with O WNER's right to." Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8 }9— (WIN .'8R's res7 s e ibiliw Hn fespoa-of urtdi5elesed AsbeAos.--pQis,—Petroleum-44a2ardous iA'AS'M or Radios ivr-Me eria�-reveale&at-th-, site waorlh-"rRemph-0 84- eee#-kvfarnish lYlT1TD �!'TlID -..Ll. ....'a.._.,.. arrangement.. have--been-made oblieaF ARTICLE 9-El\GLNEER'S STATUS DURING CONSTRUCTION O1i7YER's Represenmtise: 9.1. ENGINEER will be OWNER's representative during the construction period The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall riot be extended without written consent of OWNER and ENGINEER I faits to Site: 9.2. ENGINEER will make visits to the site at intervals aToprtnate to the various stages of construction as INEER deems necessary in order to observe as an experienced and qualified design professional the progress EKDCOENERAL CONDITION. 191M (1990 Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4t1000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will confirm generally to the Contract Documents On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGiNEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of E'NGINEER's on -site visits or observations of CONTRACTOR'. Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Arojed Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furmsh a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistams will be as provided in paragraphs 9.3 and 9.13 and EY Candmom of these (general Conditions. If OWNNER designates another representative oragent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in mpragiph 9.3 9.3.1. The Representative's dealings in matters yermining to the on site work will in General, be with the ENGINEER and CONTRACTOR Bkt R&presernative will keg, the OWNER oronerly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledee and aooroval of the X70}ZaY'7_T44��57 9.3-2. Duties and Responsibilities. Rearesentative will: 9.3.2.1.Schedules - Review the Progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER acceptability. 9.3.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as preconstruction conleren�as �r guess meetings and other job conferences and prepare and circulate codes of mvnutes of meetings. 9.3.2.3. Liaison 9.3 _.3.1. Save as ENGINEER'S haiscm with CONTRACTOR2 _world _.EnncR?illy i;oAgh CONTRACTOR'S superintendent 4i mist the CONTRACTOR in understanding the Contract Documents. 93.2.3.2. Assist in obtammg from OWNER additional details or information when required for lxr execution of the Work. 9.3.2.3 3 Advise the ENGINEER and CONTRACTOR of the commencement of am Work reg wag a 2M Dmwirne or Sample submission if the submission has not been approved by the ENGINEER 9 3.2.4 Review of Work- Rejection of Defective Work. Inspections and Tess - 9.3-24.1. Conduct on site observation of the Work in =varess to assist the ENGINEER in determining tltat the Work is proceeding in accordance with the Contract Documents. 9 3 2 4 3 Acc Mpggy vis inspectors representing public a other agencies having jurisdiction over the Reject [Nord [he results of these inspections and report to the ENGINEER. 9 3 2S Imervretation of Contract Documents Frei* rt to RNGINEER when clarifications_ and interpretations of the Contract Documents ar_needed and transmit to CONTRACTOR clarification and interpretatim of the Contract Documents as issued by the la.Cejnib�7 912.6. Modifications. Consider and evaluate CONTRACTOR'S sagesbons for e)rncGENERAL CONDITIONS 1910-8 (1990Edtum) 2() W CITY OF FORT ODLUNS MODIFICATIONS (REV 12000) modification in Draw= or Specifications and report these recommendations to ENGINEER. Accurately transmit to CONTRACTOR decisions issued by the ENGINEER 9.3.23. Records. 9.3.2.8. Reports 9.3.2.81. Furn sh ENGINEER periodic reports as required of the pr ass of the cull k ertd of t}u CONT CTOR'S ccanpliance with the proercm schedule and schedule of shop Drawing and samnle submittals 9.3.282, Consult with ENGINEER in advance of scheduling major tests inspections or start of itnportw phases of the Work. 9.3.2.8.3. Draft proposed Change Orders =4 Work Directive Chances obtaining backup material from the CONTRACTOR end recommend to ENGINEER Change Orders Work Directive C es and field orders. 9.3.2.8.4. Rotmrt immediately to ENGINEER and OWNER the occurrence any accident. 9329. PaymentRewests. Review applications fjxpavment with CONTRACTOR for compliance wrath the established procedure for their submission and forward with recommendation to ENGINEER noun particularly the relationship of the payment requested to the schedule of value work onmplesecl and materials and Mwpment delivered at the site but not incaporeted m the Work 9.3.2.10, Completion. 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items requiring correction or completion 9.3.2.10.2. Conduct fiml inspection in the c=Muy of the ENGINEER OWNER and COKO ACTOR and prepare a final list of items to be corrected or completed. 93210.3 Observe that all items on the final list have been twrrected or completed and Make recommendation to ENGINEER cmnaarnina ac«nurrtce. 9.3.3. Limitation of Authority. The Representative shall n4I: 9.3.3.1. Authorize any deviations from the Contract Documents or accept my substitute materials or equipment unless authorized by the ENGINEER 9.3.3.2. Exceed limitations of ENGINEER'S_ authority as set forth in the Contract Documents. 9333 [htdertake anv of the resthonsibilities of the CONTRACTOR Subcontractors or CONTRACTOR'S superimendent 9.3.3.4. Advise on or issue directions relative to, or assume control over any aspect of the means, methods techniques sequences or procedures for construction unless such is specifically aallxi for in the Contract Documents 9.3.3.5. Advise on or issue directions regarding or assume control over safer• precautions and ino(ams in connections with the Wok, 9.3.3.6. Accept }toS p Drawings or amp e submilrals Tram anyone other than the 9.3.3.7. Authorize OWNER to occupy the Work n whole to in part. 9.3.3.8. Partici me in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the CZolftearions and Iwterprdadons: 9.4. ENGINEER will issue with reasonable promptness such written clarifications cr interpretat ons of the EJCOCOENFAAL CONDITIONS 1910.8 (19" Eda)an) w/ (3TY OF FORT COLLINS MODIFICATIONS {AEI 4/:000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine ncc .scary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parries are unable to agree to the amount or extent thereof; if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or .Article 12 Authorted Variation in W wk 9.5. ENGUEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract 'Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. IF OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contact Times and the parties are unable to agree as to the amount or extent. thereof, OWNER or CONTRACTOR may matte a written claim thereto as provided in Article 11 or 12. Rejecting Defective Work• 9.6 ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will no produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a futtctionit�gg whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Wort: is fabricated, installed or completed. Shop Drawings, Change Orders and PaYmenrs 9.7. In connection with ENGINEER' authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, we Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Deeermdnations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER. will review with CONTRACTOR the ENGINEER's prelim nary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision. either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the tune limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will rot be subject to the procedures of paragraph 9.11. Decisions on Disputer 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Tina will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting dare will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXRIIBIT GA, "Dispute Resolution Agreement', entered into between OWNER and CONTRACTOR pursuant to Article 16, or (d) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER"s written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim. dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EJCDC GENERAL CONDRTIONS 1910.8 (1990 Edttim) 22 wi QTY OF FORT ODUIM MODIFICATIONS (REV 42000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will not show fipart iality to OWNER or CONTRACTOR and will not be it ablc in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 ci 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such right% or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matA.1,41e1A 16 9.13. 1 imitadons on ENGINEER'% :authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER Ili good faith either to exercise or not exercise such authority or responsibility or the undet�lak�r�t� exercise or performance of any authority or realxmsimlity by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR any Subcontractor, anv Supplier, any other person or organization or to any surety for or employee or agent of any of them 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or tier any failure of CONTRACTOR to comply, with laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or famishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their contend complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 stall also apply to ENGINEERs Consultants, Resident Project Representative and assistants ARTICLE 10-CHANGES ih THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may. at any time or from time to time order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. if OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12 103 CONTRACTOR shall rut be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Wok performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR stall execute appropriate Change Orders recommended by ENGINEER (or lU rtl: Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10 4 2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Rice or Contract Times which embody the substance of any written decision rendered by P�GINEER pursuant to paragraph 9 11. provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during an such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contact Documents EXDC OENiAAL CONUTIOM 1910.8 (IM Edam) w/ CITY OF FORT 00111M MOD[FICATIONS (REV 42000) (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 givhn� of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONITR4CTOR's expense without change in the Contract Price 11,2 The Contract Price may only be changed by a Change Order or by a Written Amendment Am, claim for an adjustment in the Contract Price shall be hssed on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or cvcrt< (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Rice shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree an the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contact Price will be determined as follows: 11.3.1 where the Work involved is covered by unit prigs contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11 9.3, inclusive); 11 3 2 where the Work involved is mt covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump star (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3 where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 114 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work- 11.4. The term Cast of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR. in the proper performance of the Work Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only, the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Pavroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work tinder schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation supzrintzndents foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full -tine on the Work shall be apportioned on tlse basis of their time spent on the Word:. Payroll costs shall include, bat -nor be limited to; salaries and wages plus the cast of fringe benefits which shall include social security contributions. unemployment excise and payroll taxes, workers compensation, health and retirement benefits,—bcxttsrea, applicable thereto The expenses of perlormmg Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4,2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof. and Suppliers field services required in connection therewith All cash &-counts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refitntds and returns from sale of stttplus materials and equipment shall accrue to OWNER(, and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, E1CDC GENERAL CONDITIONS 1910.8 (1990 Edition) 24 wl CITY OF FORT COLUM MODIFICATIONS (REV 42000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEEK which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee. the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4. 11.5. 11.6 and 11.7. All subcontracts shall he subject to the other provisions of the Contract Documents insofar as applicable. 11,4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expertses of CONTRACTOR's employees incurred in discharge of duties connected with the Work 114512 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 cast less market value of such items used but not consumed which rcmain the property of CONTRACTOR 11.4.53. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreement.-, The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use ar similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than Mgt[gence of CONTRACTOR any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11415.6. Losses and damages (and related exposes) causal by damage to the Work not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Weak (except lasses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR any Subcontractor, cc 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 ]cusses, damages and expenses shall be included in the Cost of the Work for the purprac of determining CONTRACTOR's fee If, however, any such lass or damage requires reconstruction and CONTRACTOR is placed in charge thereof CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long dis —c telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work 11 4.5.9. Cost of premiums for additioral Bonds and u=ance required because of changes in the Work 11.5. The term Cast of the Work shall rot include any of the following: 11.5.1. payroll casts and otter compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, archutects, estimators, attorneys, auditors. accountants, purchasing and contracting agents, expediters, timekeepers. clerks and utlier personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a brunch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which arc to be considered administrative costs covered by the CONTRACTOR' fee. 11.52. Expenses of CONTRACTOR' principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any pan of CONTRACTORS capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cast of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EKDC GENERAL COND1110M 1910-8 f I M Eduim) w/ CITY OF FORT COLLINS MODMCATIONS (REV 42000) 115.5. Costs due to the negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by any of them or for whose ads airy of Them may be liable, including but not limited to, the correction of defective Work, dispo-saI of materials or equipment wrongly supplied artd making good any damage to property. 1.§.6 Other overhead a general expense coats of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTORS fee allowed to CONTRACTOR for overhead and profit shall be detam iced as follows: 11.6.1. a mutually acceptable fixed fee, or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs insured under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent 11.6.2.2. for costs insured tinder paragraph 11.4.3, the CONTRACTOR's fee shall be five percent: 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cast of the Work plus a fee and no fixed fee is agreed upon the intent of paragraphs 114 1, 114 2, 11.4.3 arid 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs marred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fa ef five percent of the amount paid to the next IoweFtief Subeenfreeter- to be negotiated in stood faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.45 and 11.5. 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6, when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the coat of any Work is to be 25