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HomeMy WebLinkAbout551106 DS CONSTRUCTORS LLC - CONTRACT - CONTRACT - 8531 EPIC POOL DECK TILE REPLACEMENTCity of Fort Collins 00v Purchasing SPECIFICATIONS .!� Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Bm- 580 Fort Collins, CO 80322 970.221.6775 970121 6707 fcgo r. com.-purchasing CONTRACT DOCUMENTS FOR EPIC POOL DECK TILE REPLACEMENT BID NO. 8531 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS MAY 12, 2017 - 3:00 P.M. (OUR CLOCK) 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. CONTR4CTOR's Liability, InwA=e. 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 furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of then to perform or famish any of the Work, or by anyone for whose acts any of then may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other thart CONTRACTOR's employees; <A A ..I..:M.. f _ .1.._..._69 _ "d L. whieh-ar,"ustained- affimse related to the reasem 5.4.5. claims for damagm 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 airy person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5A.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 to any customary exclusion in respect of professiomtl liability), OWNER, ENGINEER, INGINEER's Consultants and any other persons or entities identified in the Supplementary Condition all of whom shall be listed as addtionaI mstreds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. 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 Regulation, whichever is greater; 5.4.9. include completed operations insurance; EJCDC GENERAL COND1110M 1910A (1990 Edtion) wJ CITY OF FORT COLLINS MODIFICATIONS (REV 4rda00) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obliiggaation order paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to wham a certificate of insurnce has been issued (and the certificates of insurance famished by the CONTRACTOR pursuant to paragraph 5.32 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing *fective 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 bass, 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). OWNER's Liabifio Insurance: 5.5. In addition to insurance required to be provided b CONTRACTOR under paragraph 5.4, OWNER, at 6WNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Doc'umcnts. Property Insurance: 'UML-Ment"'Y ffmiranee ,.f ♦L.. C.II Feeppi.__ment a thereof (sebw♦ ....,.L be in the by Laws an 6.61. inelade—the interesEs of GPAINaG OGNTROiGTOR SUb()MtF� RN �s err ppfetiienFary-Coll i , eaeli of v4tem is deemed to have an ��able itkr ends dditiottal-insttr�p; 5.6.2. bey ,a�.-vr�-a--Bun " t gem-or-t>pecta dais ag��ro'�`1<ads-Eeii�pai�'-{aniidiigs-Sefsewerk endue erli in-t�aneit endue#all siQew ae�vst et -least the 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others m LIV Wen - to the fflwnt efPik ameeuXs-that fire less w4dtim borne or-er-oElwrs.att't'aring..any. Y--insurunae eaverae pwhesrntt t« aiF it etihrpuFo}rrxt�etcvFe tpartse. ER'DC GENERAL COMMONS 19105(IMEdtim) 10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) < 1 H. (All` fg R'.•'a\.a�vrvaVxtEl%M CONTRACTOR, 1n a1•avcz`�'s.�r11 Llc-c>r�-rncr �•Ylc-vr�{''••n��o-vyp�¢�pnt��y�vx�c` inalreFSiV41}-h0 Aa LY'l4- ....� �• J ..b.......' ..NJ-O v\S'NE dkr:..+tc^T.>Zilrpit�cYS-aflEi-9$2r1f3-�3f-@{}-10S9i9'-aR� •�8��" 6Lh6FjFgwty-in urApph 1R--additiam--"'Waive--Bti-3u:.:>•—r\g `aci'—uFrsirm is He SnppknitrAwy"-6ondaiem-4e- e--listad--es weals-sbal i-eny-perly FmIc-inS-suek� W a�cer �R--eE-6v�iee :11 lags dim, is BWiFf I!9-pFlp2%ty-or- , Wli2tiicY OF n0l IF.SWreEi'�y'- ER; 9fld Any--insumme- olicy-ma. tFl- vent of 113%, age or of Receipt andAppliruEon of Insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the trsureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13 OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof 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 arty lass with the insurers unless one of the parties in interest shall object in ting within fifteen days after the Occurrence of loss to 0VNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers anE i' MqUiRd :_ g by H interest. —OW ER as fid to Acceptance ofBandc and Innuunce,• Option to Replace: 5.14. If e' OWNER has any objection to the coverage afforded by or other provisions of the Bence insurance required to be purchased and maintained by the CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the OWNER will naotify CONTRACTOR an writinrgg within ten fifteen days after reeeipt delivery of the certificates (- ern avidertae sequaged) to OWNER as required by paragraph 2.7. oche—yerty—in 1�cir1E� e€ wch-failtar to meintttin�ri x to anychaxge in tharaquirads werage—lYit#twt-prejudie rto eny-Other right E>FFdn/ d(Iy,-F}le-(Y11dF--pe12j'--nt aY-f}d0t-i6-ObIRNI-CqU t�' 9IMt tharxpanz evY=ilia-party-wl� weaic�geirrcl a} previde-such covem Il-td sued -&adjust the (=tmtra�t-PrieraeeordimglY- Partial Uri6Zadon—Propene insurance: 5.15. If OWNER finds it necessary to occupy or use a potion or portions of the Work prior to Substantial EXDC GENERAL CONDITIONS 1910-8 (1990 Edaicn) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.1Q,, provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any chart¢cs in coverage necessitated thereby. The insurrn provndug the property insurance shall consent by endorsement on the po6q 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 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 oortmvctiorr, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific meamss, 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 accunateh• 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 CONTRACTORS rcprcsentative 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, Dfaterialsand Equipment: 6.3. CONTRACTOR shill provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good disc line and Oder at the site. Except as otherwise required for the safety or protection of persons or the Rrork or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday. Sunday or any legal holiday without OWNER's written content given after prior written notice to ENGINEER. CONTRACTOR shall submit recruests to the ENGINEER no less than 48 hours in advance of any Work to be Oerformed on Saturday, Stmday. Holidays or outside the Regular Woking Hours. 11 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full respaaibility for all materials, equipment, labor. transportation, construction equipment and machinery. tools, appliances, fuel. power, light, heat, telephone, water. sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing. performance, testing, start-up and completion of the Work. 6.4.1. Purchasing Restrictions CONTRACTOR must cam 1 with the Ci s restrictions A of the resolutions are available or review in the offices of the Purchasng and Risk Management Division or the City Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or troducts containing cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly - run to the benefit of OWNER If required by ENGINEER. CONTRACTOR shall famish satisfactory evidence (including repots of required test%) as to the kind and quality of materials and equipment All materials and equipment shall be applied, installed connected erected, used cleaned and conditioned in accordance with instructions of the applicable Supplier• except as otherwise provided in the Contract Documents, Progress Schedule.• 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Prd adjustmentsin the progress schedule that will clmrge the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items., 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required Unless the specification or description EKDC GENERAL CONDITIONS I910-8 (1990 Edition) 12 Wl CITY OF FORT COLLINS MODIFICATIONS (REV V2000) contains or is followed by words reading that no like, equivalent or 'or -equal' item or no substitution is Permitted. other items of material or equipment or material or equipment of Ater Suppliers may be accepted by ENGINEER tauter the following circumstances: 6.7.1.1. 'ter -Equal"`. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is fimctionally equal to thaf named and sufficiently similar so that no charge in related Work will be required, it may be considered by ENGINEER as an "or I" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items 6.7.1.2. Substitute Items. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does no qualify as an *or -equal' item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to famish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be sim flat in substance to that specified and be suited to the same use as that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed mbsttute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available mainttenartce, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting charge, all of which will be CONTRACTOR shall twform not less than N considered by ENGINEER in evaluating the percent of the Work with its own forces (that is substitute. ENGINEER may require without subcontracting). The 20 percent r ent vat a COproposed NTRACTOR to furnish additional data about shall be understood to refer to the WarL the of the proposed substitute. which totals not less than 20 percent of the Cormact Price. 6.7.1.3. CONRACTORSs Expense: All data to be Provided by CONTRACTOR in support of any 6.8.2. Bi ' proposed "or-eWd" or substitute item will be at Documents require the identity of certain CONTRACTOR'sexpense. Subcontractors, Suppliers or other persons or organization (including those who are to furnish the 6.7.2. SubsBtute Consnvchon Methods or principal items of materials or equipment) to be Procedures: If a s�cifnc means, method technique, submitted to OWNER in sequence or procedure of construction is shown or date prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER ad ENGINEER Documents, CONTRACTOR may furnish or utilize a GO ten A^T^n has submitted _ list thereof substitute means, method, technique, sequence or AGAE)FdARN With ;he Supplementary Gendilia procedure of construction acceptable to ENGINEER. OWNER's or ENGRgEER's acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow ENGINEER in ENGINEER's sole discretion, to by the date indicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Documents) of that expressly called for by the Contract Documents, arty-suoh- The procedure for review by ENGINEER will be similarto that provided in subparagraph 6.7.1.2. t' yr 6.7.3. Engineer's Evaluation: ENGINEER will be ivl . acceptab t—Priem-will--be allowed a reasonable time within which to evaluate swnedby each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the will sole judge of acceptability. No "or -equal" or constitute a condition of the Contract requvirt4 the substitute will be ordered, installed or utilized without use of the named subcontractors, suppliers or other ENGINEER's prior written acceptance which will be persons or ormnization on the Wort: unless M evidenced by either a Change Order or an approved written approval is obtained from OWNER and Shop Drawing. OWNER may require ENGINEER. No acceptance by OWNER or CONTRACTOR to famish at CONTRACTORSs ENGINEER of any such Subcontractor. Supplier or expense a special performance guarantee or other other person or organization shall constitute a waiver surety with respect to any "or -equal" or substitute. of any tight of OWNER or ENGINEER to reject ENGINEER will record time required fry defective Work. ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by 6_9. CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract 6.9.1. CONTRACTOR shall be fully responsible to Documents (or in the provisions of any other direct OWNER and ENGINEER for all acts and omissions contract with OWNER for work on the Project) of the Subcontractors. Suppliers and other persons occasioned thereby. Whether or rot ENGINEER and organizations performing or famishing any of the accepts a substitute item so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the' charges of ENGINEER and responsible for CONTRACTOR's own acts and ENGINEER'S Consultants for evaluating each such omissions. Nothing in the Contract Documents shall proposed substitute item. create for the benefit of any such Subcontractor, Supplier or other person or organization any 6.8. Coecensing Sabcontrnrdors, Sig pliers and contractual relationship between OWNER or Others: ENGINEER and any such Subcontractor, Supplier or other person or orgarnization, nor shall it create any 6.8.1. CONTRACTOR shall not employ arty obligation on the part of OWNER or ENGINEER to Subcontractor. Supplier or other person or organization pay or to see to the payment of any moneys due any (including those acceptable to OWNER and such Subcontractor, Supplier or other person or ENGINEER as indicated in paragraph 6.8.2), whether organization except as may otherwise be required by initially or as a substitute, against whom OWNER or Laws and Regulations. OWNER or ENGINEER may ENGINEER may have reasonable objection. furnish to any subcontractor, supplier or other parson CONTRACTOR shall not be required to employ any or oganization evidence of amounts paid to Subcontractor, Supplier or other person or orpanimtion CONTRACTOR in accordance with to furnish or perform any of the Work against whom CONTRACTOR'S "Applications for Payment". CONTRACTOR has reasonable objection. ercnco04ERAL CONDITIOM 1910.8 (1990 swim) 13 w/ CITY OF FORT COLLINS MODIFICATIONS (REIN 42000) 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and ttrgam2ations performing or famishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors Suppliers and such other persons and otgarnntions performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR & M The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6A L 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. W henwrr-xny suuhegFe rttunt is with a ho sted-as en additional e�perty� vtsuranet-proridad--in ..taph.. < 6or c .,... --cdmem�atwee��he nnwrrn nrmnn lMd the c..t..,._..._....,,_ _ SU"li._ ..an eorttein-prevtsiottg wherelw-ihe�ubectttrac�tvr-err-Supplier All _igmsHgiimst ne WER rnwrry nr rnn �F613#iFA'LIrR'S—C-aLsultents�nd—add—otdwr additional-anstueds-{or all losses -and -damages caused -by; arising-euEeftx-resulting Crum-srtv-afihe-peeity covereeFby the suehpeliciesttndnnv�ther�ropnrty-insurance-applical�4etn SGpanit-wflvtr-fIXm9-tobe9, rk:d lY�'-an1'.Siubf%mtraetor-or TOP. Parent Fees and Royafdev 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, prucess, 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 mlli% for the payment of any hceree fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shell indemnify and hold harmless OWNER, ENGINEER, ENGLNEER'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 ansing out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting front the incorporation in the Work of any invention, design. Mcess, product or device not specified in the Contract cuments FJCDC OENERAL CONDIMOM5 191M (1990 Edticn) 14 w/ pTr OF FORT COLLIM MODIFICATIONS (REV 4/2000) Permits: 6.13. Unless otherwise provided in the Supplementar}� Ccndttions, CONTRACTOR shall obtain and pay Cor all 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. LawsandituIadans: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furmsf» ng 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 Drawings 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 the Work. 6.IS. 1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be Qg a2e in po it into the Qtoject Said taxes shall not be included M the Contract Price. Address: Colorado Department of Revenue State Caoital Annec 1375 Sherman Street Deaver. Colorado, 80261 Sales and Use Taxes for the State of Colorado. Re cal Transoottation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes). on env items other than construction and building materials nhvsicallt�vneotorated into the -am o be read 14L CONTRACTOR and arc to Included in appropriate bid items Use ofPremises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas dentified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way. permits and easements, and shall not 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 arty claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting 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 condition all property not designated for alteration by the Contract Documents, 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in arry 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. EXDCGENERAL COMA1lON51910-8 (1990 Edtim) w/ aTY OF FORT COLLIM MODIFICATIOM (REV 4n000) 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 ggood order and annotated to show all charges made dwin& 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 of fiml pavan these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safely and Protecdon: 6.20. CONTRACTOR shall be responsible for irtit t ng, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons an 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 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or lass; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilitics and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. 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, any Subcontractor. Supplier or any other 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 fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's 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). CONTRACTOR's duties and responsibilities for the safely and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Reprewnradve: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and prog rims. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Energencies: 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 OWNER 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 m 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 andSamples: 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 Drawing 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 ECDC OENERAL CONDITIONS 19105 (1990 Edition) 16 wl CITY OF FORT ODLLthS MODIFICATIONS ftN 42000) purposes required by paragraaph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submiaid Procedures: 6.25.1. Before submitting each Shop Dris or Sample, CONTRACTOR shall have determined and verified. 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. 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 Drawing or Sample with other Shop Drawing and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, 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. ENGNEER 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. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall 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 attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from resporsibilily, 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 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval, nor will any approval by 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 ENGINEER 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 rite Work., 6.29. CONTRACTOR stall carry on the Work and adhere to the progress schedule dieing 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. CONTRACTOR's General Warranty and Gaarmtee• 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EX DC GENERAL CONDITIONS 1910.8 OM Edtim) w/ QTY OF FORT COLLINS MODiFICATIONa OLEV 4n000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 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 acceptabifity by ENGINEER pursuant to paragraph 14.13, 6.30.2.7. any inspection. test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER Indemnffcadon: 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 property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by arry of them to perform or fun sh any of the Work or anyone for whore acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and ell claims against OWNER or ENGINEER 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 organization 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 paragraph631 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or arty such Subcontractor, Supplier or other ppu�soonn or organization under workers' compensation acts,thsability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 631 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival ofObli daps: 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 foal payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTBM WORK Related Work at She: 7.1 OWNER may perform other work related to the Project at the site by OANER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Docuanents, then: (i) written notice thereof will be given to CONTRACTOR prior to A=rg arty such other work and (i) CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct coact and each utility owner (and OWNER if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Decumenits, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and iritegiate with such other work. CONTRACTOR shall not endarger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR tinder this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EXDC OENER,LL COIUTIO�S 1910-8 (1990 E&k n) 18 w/ CITY OF FORT COLLIM MODIRCA1IONS(REV412000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractor& 7.3. If the proper execution or results of any part of by NTRACfOer his depends uponworkperformed � others under this Article 7, CONTRACTOR inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that rc nder 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 CONTRACTORS Wait except for latent or nonapparent defects and deficiencies in such other work. Coordnation: 7.4. If OWNER contracts with others for the rperormance of other work on the Project at the site, the wmg 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: 7.4.2 the specific matters to be covered by such authority and responsibility will be itemized, and 7.4.3. the extent of such authority and respo sibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against 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 shall make payments to CONTRACTOR promptly when they are due as prov ided in paragraphs 14.4 and 14.13. 8.4. OWNER's 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 Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing 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 structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. RU� Higunt-s-�HFIg liability and Pro. 84 OWNER is obligated to execute 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 OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER'S right to terminate services of CONTRACTOR tinder 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. belity in respeet-0f whdisek sect ertd-er-reveskd-et-ilx-eite is : - OF _ .5 • - "d- :: - _ �diM�lF. M _6�, ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION OWAM's Representative: 9.1. ENGINEER will be OWNEWs representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER L4.r{ts to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress E1CDC GENERAL COND(TIOM 191 a8 (IM Eao4a) w! CITY OF FORT COLLINS MODIFICATIONS (REV 42000) that has been made and the quality of the various aspects of CONTRACTOR's ex=tcd Work. Based an 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 riot 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 conform 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 ENGINEER's on -site visits or observations of CONIRACTORs 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. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish 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 assistants will be as provided in paragraphs 9.3 and 9.13 Gerhditierhs of these General Conditions. If OWNER designates another representative or agent 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 _ $upplementmy._ _-- txiramaoh 9.3 9.3.1. The Renregritative's dealings in matters pertaining to the on -site work wilL in general, be with the ENGINEF,R and CONTRACTOR But. the Remmesemativr will - keep the OWNER orocerly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledge and an croval of the CONTRACTOR 9.3.2. Duties and Responsibilities. Representative Will. 9.3.2.1.Schedules - Review the orxiess 19 sdwWe and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning aceeptabil itv. 9.3.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as oconstruc" conferences tin and other iob conferences a prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.32.3.1. Serve as ENGINEER'S liaison with CONTRACTOR, working principally gxoZm CONTRACTOR'S superintendent to assist the CONTRACTOR in understandina the Contract Documents, 9.32.3.2, Assist in obtammg from OWNM additional details or information when required, for proper execution of the Work. 9.32.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of aM Work regtlirmg amp Drawing or sample submission if the submission has not been approved by the ENGINEER 9.3.2.4.Review of Work. Reiection of Defective Work, Inspections and Tests - 9.32.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents 9.3.2,4 3, Acoompally visiting insoecwa reoresentina public or o4 agences havutiq iunsdiction over the project record the results of these inspections and report to the ENGINEER. 9.3.2.5, Interpretation of Contract Documeras Report to ENGINEER when darificatiens and interpretations of the Contract Documents are needed and transmit to CON'TRACfOR clarification and interpretation of the Contract Documents as issued by the Ip.(Ht.ld:l:1 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for 20 colNEPALCONDIMOM1910-8(IME(tim) col CITY OF FORT COLLIPB MODIFICATIONS (REV 412000) modification in Drawings or Specifications and report these recommendations to ENGINEER - Accurately transmit to CONITPACTOR decisions issued by the ENGLNEER 9.32.7. Records. 93.2.8. Retorts 9.3.2.8.1, Furnish ENGINEER periodic e as required of the to of theof the orW k and off RACfOR'S compliance with the prog ess schedule and schedule of shoo Drawing and sample submittals 9.32.8.2. Consult with ENGINEER in advance of scheduling maior tests inspections or start of imrortantt phases of the Work. 9.3.2.8.1 Draft proposed Chgnge Orders and Work Directive Changes. obtaipung backup material from the CONTRACTOR and recommend to ENGINEER Chan¢e Orders. Work Directive Chtanzes and field frill 9.3.2.8.4. Report immediaWy to ENGINEER and OWNER the occurrom of any accident. 9.32.9. Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to ENGINEER, notine particularly the relationship of the payment requested to the schedule of values, work completed and materials and eauipnnent delivered at the site but not incorporated m the Work. 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 returning correction or completion 9.3.2.10.2. Conduct final inspection in the zma= of the ENGINEER OWNER and CONTRACTOR and V=re a foal list of items to be corrected or completed. 9.3210.3 Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concernina acceptance. 9.3.3. Limitation of Authority: The Representative shall ML: 9.3.3.1. Authorize anv deviations from the Contract Documents or accept anv substitute materials or equipment unless authorized by the ENGINEER 9.3.3.2. Exceed limitations of ENGINEER'S authorih as set forth in the Contract Documents 93.3.3. Undertake anv of the responsibilities of the CONTRACTOR Subcontractors. or CONTRACTOR'S superintendent 9.3.3.4. Advise on or issue directions relative to, or assume control over any aspect of the meant methods, tectmraues seouences or procedures for construction unless such is soecifically called for in the Contract Documents, 9.3.3.5. Advise on or issue directions reearding or assume control over safety precautions and MRrams in connections with the Wait. sul. 6. Accecx Shop Ihmoie or sample submittals from anyone other than the CONTRACTOR 9.3.3.7. Authorize OWNER to occuyv the Work in whale or in part. 9 3 3 8 Participate in specialized field or laboratory tests or irspections conducted by others except as specifically authorized by the ENGINEER Clmijieadons and Intapretatioay. 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EXDC OENERAL CONUTIOM 1910.8 (1990 Edition) w/CITY OF FORT COI.LINS MODIFICATIONS (REV 42000) requirements of the Contact Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, 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 Contact Price or the Contract Times and the parties 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 I 1 or Article 12. Authorted Variadons in Work, 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contact 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 Contract Times and the parties are unable to agree as to the amount or cdmt thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article i I 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 not 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 functioninrgg whole as indicated by the Contact 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 Work is fabricated, installed or completed Shop Drm rings, Change Orders and Paymenu 9.7, In connection with ENGINEERS 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, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Dderminarions 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 ENGINES R's prchmirary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEETs 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 time 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 (i) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is mstrnrted by the appealing party in a fort of competent jurisdiction to exercise such rots 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 riot be subject to the procedures of paragraph 9.11. Decisions on Disputes 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 1 hand 12 in respect of changes in the Contract Price or Contract Tines 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 (hut in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting dam will be submitted to ENGINEER and the other party within sixty days after the start of such ocwrrence 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 Erocedu�res set forth in EX71BIT GC -A, "Dispute xesoitition Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from 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 Regulation within stay days of the date of such 22 EKDC GENERAL CONDITIONS 1910-8 (19" Edticn) a/ QTY OF FORT ODLUM MODIFICATIONS (REV 4C000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR- 9.12. When functioning as interpreter and judge under paragaphs 9.10 and 9.11. ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to 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 rights o remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other maser toe AFliale46. 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's audxhrity or responsibility under this Article 9 or under am other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the underrttaak�mtt* exercise or performance of any authority or responsmility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR any Subcontractor, any Supplier, any other person or organizatiotL or to airy surety for or employee or agent of any of then. 9.13.2. ENGINEER vvdl not supervise, direct, control or have sulhority over or be responsible for CONTRACTOR's means, methods, rechniques, 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. ENGINEER will not be responsible for CO1vTRACTOR'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 ogenization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and Fill maintenance and opennnnngg instructions, schedules, guarantees, Bonds and certi iicates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents 9.13.5. The limitation upon authority and responsibility, set forth in this paragraph 9.13 shall also apply to ENGINEERS Consultants, Resident Project Representative and assistants ARTICLE 10—CHANGES IN THE WORT: 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 Camet 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 l l or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is 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 shall execute - appropriate Change Orders recommended by ENGINEER (or Written 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 Wok under paragraph 13.13 or correcting dejectie Work under paragraph 13.14, or (iit) 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 Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordartce with the provisions of the Contract Documents and applicable Laws and Regulations, but during any 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 Contract Documents EKW GENERA . CONUTIOM 1910-8 (1990 Utica) w! CITY OF FORT COI.ldM MODIFICATIONS (REV 42000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Band to be given to a surety, the giving of any such notice will be CONTRACTORS 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 obiniganoes assigned to or undertaken by CONTRACTOR shall be at CONTRACTORs expanse without change in the Contract Price. 11 2. The Contract Rice may only be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or evert 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 event (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 on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Charge Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.91 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhmd 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 Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writug by OWNER, such costs shall be in amounts to 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. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent an the Work. Payroll costs shall inoludk-buHtot be limited to; salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compcnsation, health end -retirement benefits-benuses sie' yyiay applicable thereto. The expenses of pertemm Work alter 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 equippI7TlIera furnished and incorporated in the Work, mcitraL'ng costs of transportation and storage thereof, and Suppliers' field services required in connection therewith All rash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which rase the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNS) 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 fitmished by Subcontractors. If required by OWNER, �q E)CDCOENERAL COIm MOM 191" (1990Eo an) w/ aTY OF FORT OOWM MODIFICATIONS QtEV 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 ENGLNEER 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 Subconvacta s Cost of the Worn: and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphslIA, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the odor 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 expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.52 Cost, including transportation and maintenance, of all materials supplies equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the casts of trantsportatiom, loading, unloading, installation, dismantling and removal thereof -all in accordance with terms of said rental agreements The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11 A.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits last for causes other than negligence of CONTRACTOR any Subcontractor or anyone directly or indirectly employed by any of ihem or for whose acts any of them may be liable, and royalty payments and fees for permits and licomses. 11A.5.6. Losses and damages (and related expanses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.91 provided they have resulted from causes other than the nee��JJ grnce of CONTRACTOR, any Subcontractor, a anyone directly or indirectly employed by any of then or for whose acts any of them may be liable. Such lasses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. 1f however, any such loss 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 distance 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 additional Bonds and insurance required because of changes in the Wok. 11.5. The term Cast of the Wok shall not include any of the following: 11.5.1. Payroll casts and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for 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 are to be considered administrative oasts covered by the CONTRACTOR' fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOWs office at the site. 11.5.3. Any part of CONTRACTORSs capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.54. Cost of premiums fa 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 oust of premiums covered by subparagraph 11.45.9 above). FrCDCOENS AL CONXTIOM 1910-8 (IM Eaton) w/ CITY OF FORT COt.UM MODIFICATIONS OLEV 42000) 11.5.5. Casts due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, di I of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11A The CONTRACTORSs fee allowed to CONTRACTOR for overhead and profit shall be determined 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 incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR' fee shall be fifteen percent; 11.6.12. for costs incurred under paragraph 11 A.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are or the basis of Cost of the Work plus a fee and no fixed fee is agreed upon the intent of paragraphs H A I, 11.4.2, 114.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Wok, at whatever tier, will be paid a fee of fifteen percent of the costs incurred 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 fee to N rimQuated in goal faith with the OWNER but not to exceed five percent of the amountpeid to the rim lower tier Subcontractor. 11.6.2.4. no fee shall be payable an the basis of casts itemized under paragraphs 11.4.4, 11.4.5 and I1.5: 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 cost of any Work is to be 25 determined pursuant to paragraphs l l.4 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 cost 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. CONTRACTORS costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. 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 allowarxxs, end the Contract Price shall be correspondingly adjusted. 119. unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit frier Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract price. Determinations of the actual quantities and classifications of Unit Price Work perfumed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTORS overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed CONTRACTOR differ materially and Significantly from the estimated quantity of such item indicated in the Agreement; E1CDC GENERAL CONDITIONS 19105 090 E(fition) 26 w) aTY OF FORT COLLIM MODIFICATIONS OtEV 428aa) and 11.9.3 there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is cttitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3A. CONTRACTOR acknowledges that the OWNER has the riche to add or delete items"ntities at OWNERS sol in discretion without ect= the CotWad Rice of ally remainnjU item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12--CHANGE OF CONTRACT UNIES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the 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 Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Tunes (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph I11. 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) due 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. 124. Where CONTRACTOR is prevented from completing any part of the Work within the Cum d Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an wMension of the Contract Times (or h5lestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR'S sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of then, for damages arising out of or resulting from (t) delays caused by or within the control of the CONTRACTOR, of (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 performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice ofDefeets: Prompt notice of all cfective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defec>re Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work. 13.1 OWNER, ENGINE 13R, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and gwemmental agencies with jurisdictional interests will have access to the Work at reasaneble 'Imes for thew observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 134. 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 EXDCOENE AL CONDITIONS 1910.8(1990 Edtim) W aTY OF FORT001.I.INS MODIFICATIONS (REV 4t1000) below shall be paid as provided in said paragraph 13.9, and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be impeded tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection. or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER'S and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to 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 ewer the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If Work is covered contrary to the written request ofENGINEER, it must, if requested by ENGINEER, be uncovered for ENGiNEER's obscvation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers R necessary or advisable that covered Work be observed by ENGINEER or inspected or 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 furnishing all necessary labor, material and equipment. If it is found that such Work is ckfeetwe. CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering. exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but riot limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are enable to agree as to the amount thereof~ may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such ?7 uncovering, exposure, observation, inspection, test rg, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 01+AM 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 or 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 anv 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 duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed either correct all defective Work, whether or not fabricated installed or completed or, if the Wok 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) 13.12. Correction Period: 13.12.1. If within ena yeas two vears 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 am, 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 uther Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such irtstru tioM or in an emergency where delay would cause serious risk of less or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced and all claims, costs, losses and damages caused by or resulting from such removal and replacement including but not limited to all cogs of repair or replacement of work of others) will be paid t9 CONTRACTOR 13.12 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 13.12.3. Where defective Work (and damage to other 28 ERA aR4MAL COMT10M 1910-8 p990 Editicm) wi CITY of FORT 0011 1M MODIFICATIONS ptEV 412000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be attended for an additional period of one yew two year after such correction or removal and replacement has been satisfactorily completed 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) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, coats, losses and damages attributable to OWNER's 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 ENGINEERs 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. OWNF-R May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Dommtents, 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 pan 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 stared elsewhere. CONTRACTOR shall allow OWNER OWNER's 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, cogs, lasses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and 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. damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an e.�tensicn of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14--PAYIWFIVTS TO CONTRACTOR AND COMPLETION Schedule of NZ&er 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 fort 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 month). 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 are covered by appropriate property insurance and other arrangements to protect OWNWs interest therein, all of which will be satisfactory to OWNER. The amount of retamage with respect to progress payments will be as stipulated in the Agreement. Anv funds that are withheld by the OWNER shal I not be subject to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or t' form the CONTRACTOR exdtressly waives his ri t to the benefits of Colorado Revised Statutes. Section 24-91-101. et M. CONTRACTOR's Warrant/ of Title: 143. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by arry 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. Reidew ofApplieadons for Progress Payment 14.4. ENGAGER will, within ten days after receipt of each Application for Payment, either indicate in writing a EKDC GENERAL CONDITIOM 1910.8 (1990 edition) w/ aTY OF FORT COLLIM MODIFICATIONS (REV 412000) 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 provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a represertatitm by ENGINEER to OWNER, based on EIv'GINEER's on -site observations of the executed Work - as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief 14.5.1. the Work has progressed to the point indicated, 14.52. the quality of the Work is generally in accordance with the Contract Documents (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 slated 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 Work. However, by recommending any such payment LNGINEER will not thereby be deemed to have represented that: (i) Lndmustive or continuous on -site inspections have been made to check the quality, or the quantity of the Work beyond the responsibilities specifically assumed to ENGINEER in the Contract Documents or (u) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEERS recommendation of any payment, including finial payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for anw 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 Doctmnents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 1471 the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been nuired to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledgc 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 CONTRACTOR's performance or finnishirg of the Wok, 14.7.6. Liens have been filed in connection with the Work, except when 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 set. off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusivc; 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 the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Wok is substantially complete (except for items specifically fisted by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion Within a reasonable time thereafter, OWNER CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER E)CDC OEMBLAL CONMTIO,-4519104t 0990 E(ktim) 30 col (ITY OF FORT COLUM MODIFICATIONS UMV 42000) considers the Work substmtaatly 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 any provisions of the certificate or attached list. If, after cotsidcrirtg 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 in 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 revised tentative list of items to be completed or corrected) reflecting such charges 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 SNGINEEIR 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 right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Uatixation.• 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (u) OWNER, ENGINEER and CONTRACTOR agrce 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 Walk, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.01VNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Wok 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 part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that pan of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such requcs. OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of corn letiort If ENGINEER does not consider that part of the Work to be substantially complete. ENGINEER will notify OWNI M and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14,9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of pact of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspecdon: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGINEER will make a fusel inspection with OWNER and CONTRACTOR and 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 documents (as provided in paragraph6.19) 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 not limited to the evidence of insurance required by subparagraph 5.4.13. (u) consem of the surety, if any, to final payment, and (iu) cmiplete 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 hanush receipts or releases in full mill 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 for which OWNER or OW'NER's property might in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails FJCDC cranxAL CONDITIOM tslos (l"o edam) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) to furnish such a release or receipt in full, CONTRACTOR may fumish 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 moment are to be submitted on forms can nc to the format of the OWNER'S standard forms bound m die Project manual. Final Payment andAcceptance. 14.13. If. on the basis of ENGINEER's observation of the Work during construction and final inspection. and ENGINEER's review of the final Application for Payment and accompanying 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 ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's 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 paragraph 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 ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subiect to traraaraoh 17.6.2 of these General Conditions. 14.14. Ik through no fault of CONTRACTOR final comsIction of the Work is sig�cantly delayed and if ENGINEER so confums• OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without tam intiting 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 completcd and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR except claims arising from unsettled Liens, from defretn a Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations tamer the Contract Documents; and 14.15.2.A waiver of all clamis by CONTRACTOR against OWNER other than those previously made in writing and still unsettled ARTICLE 1&ZLISPENSION OF WORK AND TEtanNATION OPMER 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 Work 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 both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 aril 12. OWNT-R May Terminate: 15.2. Upon the occurrence of arr 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 paragtaph2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substamml way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written 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 CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full anent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or mrwersion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid E)CDC OENIMAL CONDITIOM 19105 asso E&W 32 w/CITY OF FORT COMM MODIFICATIONS(REV 4/2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient In such case CONTRACTOR shell riot be entitled to receive am further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, casts. losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, cis, losses and damages exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such claims, coats, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Charge Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR'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 end ENGINEER OWNER may without cause and without prejudice to arry 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 m accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Wcrk; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or ecpipment as required by the Contend Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses: 15.4.3. for all claims, costs, losses and damages insured in settlement of terminated contracts with Subcontractors, Suppliers and others, and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic lass arising out of or resulting from such termination - CONTRACTOR May Stop Work or Terminate.• 15.5. IC 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 act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR arty sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same tams as provided in paragraph 15.4. in lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has fatted to act an an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pa CONTRACTOR any stun finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest therecm 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—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in 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 paragraphs 9.10, 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. ARTICLE 17—NIISCELLANEOUS firing Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for wham it is intended or if delivered at or sent by registered or certified mail, postage prepaid to the last business address known to the giver of the notice. 17.2. 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 Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EK DC GENERAL CONDITIONS 19104 (1990 Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 1722. A calendar day of twenty-four hours measured from midnight to the next mdnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the. other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other rty within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be consuued as a substitute for or a waiver of the provisions of any applicable statute of limitations or repuse.Cumu/adve 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 it 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 arc otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court CosrslneLndeeL 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 costs. 17.6. The laws of the State of Colorado apply to th s Agreement. Reference to two Rm:d t Colorado statutes are as follows; 17.6.2. If a claim is filed, OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the Rayment of all claims for labor. materials, team hire, sustenance, provisions provender, or other supplies used or consumed by CONTRACTOR or h s 33 EJCDC GENERAL CONDI710M 1910.8 (1990 Echtim) 34 wl CJTY OF FORT COLLINS MODIFICATIONS (REV 42000) I hi-. 7:12c L l: L i :Ink .nn-.L_ nal lc r EICDC GENERAL CONDITIONS 191 M (1990 ECkhm) 35 wJ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 36 EKDCOENERAL COMMMOM 19104 (1990EMM) WICITY OF FORT COLLIM MODIFICATIONS (REV 42000) 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: 16.1. 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 cant having jurisdiction 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 on 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 alter arbitration proceedings have been initiated such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10 16.3. Notice of the demand for arbitration will be filed in writing with the other patty 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 16.2 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 on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EJCDC GENMAL CONDITIONS 1910-8 (1990 Edtia) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except 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 inchusion of such other person or entity is necessary if complete relief is to be afforded among those who are already panics to the arbitratioL 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 against OWNER. ENGINEER or ENGINEiR's Consultants that does not otherwise exist 16,6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims. counterclaims, disputes and other mattes 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 parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -Al EJCDC GENERAL CONDITIONS I9I o-e (I "0 E66aq GC -Al WICITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 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. Bid results are posted at http://www.bidnetdirect.com/colorado/city-of-fort-collins. END OF SECTION 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: 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: Lead Inspection Report, dated June 7. 2016, by Reservoirs Environmental Inc. 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-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: 8531 EPIC Pool Deck Tile Replacement CONTRACTOR: DS Constructors, LLC DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: Contractor's Representative F.1110I07:42140 y1 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: DATE: DATE: DATE: DA SECTION 00960 APPLICATION FOR PAYMENT PROJECT: PO# PAY ESTIMATE NO: DATE: CONTRACTOR: ADDRESS: CONTRACT FOR: PARTIAL TO The undersigned Contractor certifies that to the best of his knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received, in this current payment shown herein is now due. CONTRACTOR: By: Date: FINAL TO In accordance with the Contract Documents, based on site observations and the data comprising the above application, the Architects Certifies to the Owner that the Work has progressed to the point indicated; that the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. ENGINEER: By: 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: 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 anti minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. & COMPLETING THE. WORK CHANGE DIRECTIVE FORM Engineer initiates the fornt, including a description orthe items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD Ol' DETCRMINING CHANGE, IF ANY, iN CONTRACT PRICE: Mark the method to be used itt 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 estirated 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 dues not have authority to authorize changes in Price 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 sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THiS IS A DIRECTIVE TO PROCEED WM4 A CHANGE THAT MAY AP17ECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGF ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. WORK CHANGE DIRECTIVE No. DATE OF ISSUANCE EFFECTIVE DATE CeY:I`.It�'.7 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: 0 Unit Prices ElLump Sum El 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: ENGINEER AUTHORIZED: OWNER By:. By: EICDC No. 1910-8-F (1996 Edition) Pmp" by the Engineers Joint Contract Documents Committee and endorsed by The As ciated Circe l Contractors or America and the construction Specifications buAtual. rvAdvancement of Consfruc.'ion iechrclo9Y REQUEST FOR INTERPRETATION RF.i. Numba i From: Date: ----- --- A/E Project Number: — Re: Contract For: Specification Section. Paragraph: hawing Reference: Detail Request: Signed by: Date: Response: ❑ Attachments Response From: To: Date Rec'd. Date RetOd' Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Specifications Disunite, Page of July I994 99 Canal Center Plata, Suite 300 Atemdria, VA 22314 CSI Form 13.2A SECTION 00300 BID FORM IVAdvancement of Construction technology CLARIFICATION NOTICE Proi -'i Clarification Notice Number: To Re. From: D ate: A/F. Project Number: ContractFor: This Clarification Notice is issued for the purpose 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 ❑ Consultants ❑ C' ❑ ❑ ❑ File Copyright 1994, Construction Specifications Institute, Page of July 1994 99 Canal Center Ptam, Suite 300 Alexandrie, VA CSI Form 13.3A 22314 IVAdvancement of Construction Technology Project: To'. Re: Field Order Number: From: Date: A!E Project Number: Contract For: FIELD ORDER You are herebv directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the Work without change in Contract Sun of Contract Time. If you consider that a change in Contract Sum or Contract Time is required, submit a Change Order Request to the AIE immediately and prior to proceeding with this Work. Specification Section: Paragraph: Drawing Reference: Detail: Description of Interpretation or Change: ❑ Attachments Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Specification Institute, Page of July 1994 99 Canal Ceater Plaza, Suite 300 Atexandria, VA 22314 CSI Form 13.4 A City of Fort Collins EPIC Pool Renovations Fort Collins, Colorado Project #: DPA 15809.00 SECTION 09 3013 - CERAMIC TILING PART 1 - GENERAL 1.1 RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY Section Includes: Ceramic mosaic tile 'CT-1' associated with pool deck tile replacement required by renovation work. 1. Ceramic cove base tile 'CT-2' associated with replacement of cove base tile at perimeter walls and columns within project scope. 2. Waterproof membrane for thinset applications associated with pool deck tile work. Related Requirements: Section 07 9200 "Joint Sealants" for sealing of expansion, contraction, control, and isolation joints in tile surfaces. 3. Section 13 1104 "SP Ceramic Tile" for tiling of pool surfaces, gutters, depth markers, lane lines, and top of pool bond beam back to expansion joint around perimeter of pool shell. GC to provide separate tile submittals for tile addressed under Division 13. Tile beyond perimeter expansion joint is considered 'deck tile' and is addressed in this specification section 09 3013. 1.3 DEFINITIONS General: Definitions in the ANSI A108 series of tile installation standards and in ANSI A137.1 apply to Work of this Section unless otherwise specified. A. ANSI A108 Series: ANSI All08.01, ANSI Al08.02, ANSI Al08.1A, ANSI Al08.1B, ANSI A108.1C, ANSI A108.4, ANSI A108.5, ANSI A108.6, ANSI A108.8, ANSI A108.9, ANSI A108.10, ANSI A108.11, ANSI A108.12, ANSI A108.13, ANSI A108.14, ANSI A108.15, ANSI A108.16, and ANSI A108.17, which are contained in its "Specifications for Installation of Ceramic Tile." B. Module Size: Actual tile size plus joint width indicated. C. Face Size: Actual tile size, excluding spacer lugs. 1.4 PREINSTALLATION MEETINGS Preinstallation Conference: Conduct conference at Project site; date/time TBD. CERAMIC TILING 09 3013 - 1 City of Fort Collins EPIC Pool Renovations Fort Collins, Colorado Project #: DPA 15809.00 Review requirements in ANSI A108.01 for substrates and for preparation by other trades. 1. Examine existing conditions on site with owner to discuss and determine extents of any lead abatement associated with dark blue colored tile demolition and extents of tile replacement associated with deck work required by renovations. 2. Coordinate with owner, architect, and aquatic engineer to determine final extents of tile and deck demolition. Pool deck was recently partially retiled, and owner may wish to maintain portions of this work at their discretion — contractor is responsible for establishing extents of tile demolition. 3. Contractor is responsible for determining final deck drain elevations and extents of 'floating' or grinding slab to achieve ADA compliant and health department required deck slopes within limits of project scope. 4. Coordinate with owner to determine scope of any necessary additional surveying or other means of analysis of existing deck and drain elevations to help inform deck retiling and drain replacement work PRIOR TO BEGINNING DEMOLITION. 1.5 ACTION SUBMITTALS Product Data: For each type of product. Shop Drawings: Show locations of each type of tile and tile pattern. Show widths, details, and locations of expansion, contraction, control, and isolation joints in tile substrates and finished tile surfaces. A. Samples for Verification: Full-size units of each type and composition of tile and for each color and finish required.[ For ceramic mosaic tile in color blend patterns, provide full sheets of each color blend.] 1. Full-size units of each type of trim and accessory for each color and finish required. 1.6 INFORMATIONAL SUBMITTALS Qualification Data: For Installer. A. Master Grade Certificates: For each shipment, type, and composition of tile, signed by tile manufacturer and Installer. B. Product Certificates: For each type of product. Product Test Reports: For tile -setting and -grouting products and certified porcelain tile. 1.7 MAINTENANCE MATERIAL SUBMITTALS Furnish extra materials that match and are from same production runs as products installed and that are packaged with protective covering for storage and identified with labels describing contents. Tile and Trim Units: Furnish quantity of full-size units equal to 1 extra box for each type, composition, color, pattern, and size indicated. CERAMIC TILING 09 3013 - 2 City of Fort Collins EPIC Pool Renovations Fort Collins, Colorado Project #: DPA 15809.00 Grout: Furnish quantity of grout equal to 3 percent of amount installed for each type, composition, and color indicated. 1.8 QUALITY ASSURANCE Installer Qualifications: Installer has not less than three years' experience in ceramic tile installations similar in size, scope, and installation procedures required for this project. 1. Submit a list of five contracts decently completed with names of Architects and General Contractors involved to Owner and Architect. 1.9 DELIVERY, STORAGE, AND HANDLING Deliver and store packaged materials in original containers with seals unbroken and labels intact until time of use. Comply with requirements in ANSI A137.1 for labeling tile packages. A. Store tile and cementitious materials on elevated platforms, under cover, and in a dry location. B. Store aggregates where grading and other required characteristics can be maintained and contamination can be avoided. C. Store liquid materials in unopened containers and protected from freezing. D. Handle tile that has temporary protective coating on exposed surfaces to prevent coated surfaces from contacting backs or edges of other units. If coating does contact bonding surfaces of tile, remove coating from bonding surfaces before setting tile. 1.10 FIELD CONDITIONS Environmental Limitations: Do not install tile until construction in spaces is complete and ambient temperature and humidity conditions are maintained at the levels indicated in referenced standards and manufacturer's written instructions. PART2-PRODUCTS 2.1 MANUFACTURERS Source Limitations for Tile: Obtain tile of each type from single source or producer. Obtain tile of each type and color or finish from same production run and of consistent quality in appearance and physical properties for each contiguous area. Source Limitations for Setting and Grouting Materials: Obtain ingredients of a uniform quality for each mortar, adhesive, and grout component from single manufacturer and each aggregate from single source or producer. CERAMIC TILING 09 3013 - 3 City of Fort Collins EPIC Pool Renovations Fort Collins, Colorado Project #: DPA 15809.00 Obtain setting and grouting materials, except for unmodified Portland cement and aggregate, from single manufacturer. Source Limitations for Other Products: Obtain each of the following products specified in this Section from a single manufacturer: Waterproof membrane. 1. Tile setting adhesive. 2.2 PRODUCTS, GENERAL ANSI Ceramic Tile Standard: Provide tile that complies with ANSI A137.1 for types, compositions, and other characteristics indicated. Provide tile complying with Standard grade requirements unless otherwise indicated. ANSI Standards for Tile Installation Materials: Provide materials complying with ANSI A108.02, ANSI standards referenced in other Part 2 articles, ANSI standards referenced by TCNA installation methods specified in tile installation schedules, and other requirements specified. A. Factory Blending: For tile exhibiting color variations within ranges, blend tile in factory and package so tile units taken from one package show same range in colors as those taken from other packages and match approved Samples. Mounting: For factory -mounted tile, provide back- or edge -mounted tile assemblies as standard with manufacturer unless otherwise indicated. Where tile is indicated for installation in swimming pools or in wet areas, do not use back - or edge -mounted tile assemblies unless tile manufacturer specifies in writing that this type of mounting is suitable for installation indicated and has a record of successful in-service performance. 2.3 TILE PRODUCTS Ceramic Tile Type [CT-1]: unglazed ceramic mosaic tile. Manufacturers: Subject to compliance with requirements, provide products by the following (NO SUBSTITUTIONS): 1. Provide basis of design product indicated herein. 2. Composition: Vitreous or impervious natural clay or porcelain. 3. Module Size: 1 by 1 inch . 4. Face: Speckled or solid color appearance, with cushion edges. 5. Surface: Smooth, without abrasive admixture. 6. Dynamic Coefficient of Friction: Not less than 0.42. 7. Tile Color and Pattern: As indicated by manufacturer's designations. DalTile#D037'Pepper White (Group 1)' Field Color. a. DalTile #D148 'Spa' (Group 1) Checkered Blend Color. Grout Color: As selected by Architect from manufacturer's full range. CERAMIC TILING 09 3013 - 4 City of Fort Collins EPIC Pool Renovations Fort Collins, Colorado Project #: DPA 15809.00 Ceramic Tile Type [CT-2]: Glazed ceramic tile. Manufacturers: Subject to compliance with requirements, provide the following (NO SUBSTITUTIONS): 8. Basis -of -Design Product: Daltile - SEMI -GLOSS Glazed ceramic tile Face Size: 6"W by 4 1/4"H (Daltile shape S-3419T'Sanitary Cove'). 9. Face Size Variation: Rectified. 10. Thickness: 5/16 inch. 11. Dynamic Coefficient of Friction: N/A 12. Tile Color, Glaze, and Pattern: As indicated by manufacturer's designations. DalTile #0100 'White (Group 1)' Grout Color: As selected by Architect from manufacturer's full range 2.4 WATERPROOF MEMBRANE General: Manufacturer's standard product that complies with ANSI A118.10 and is recommended by the manufacturer for the application indicated. Include reinforcement and accessories recommended by manufacturer. Waterproofing and Tile -Setting Adhesive: One -part, fluid -applied product intended for use as both waterproofing and tile -setting adhesive in a two-step process. Products: Subject to compliance with requirements, provide one of the following: Boiardi Products Corporation; a QEP company; Elastiment 324 Waterproofing, Anti-Fracture/Crack Suppressant and Tile Setting Adhesive. a. Bostik, Inc; Hydroment Ultra -Set Advanced. b. Custom Building Products; Redgard. 2.5 SETTING MATERIALS Portland Cement Mortar (Thickset) Installation Materials: ANSI Al08,02. Standard Dry -Set Mortar (Thinset): ANSI A118.1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: Bostik, Inc. a. Custom Building Products. b. Laticrete International, Inc. C. MAPEI Corporation. CERAMIC TILING 09 3013 - 5 City of Fort Collins EPIC Pool Renovations Fort Collins, Colorado Project #: DPA 15809.00 2.6 GROUT MATERIALS High -Performance Tile Grout: ANSI A118.7. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: ARDEX GmbH. a. Bostik, Inc. b. Custom Building Products. C. Laticrete International, Inc. d. MAPEI Corporation. Polymer Type: Acrylic resin or styrene-butadiene rubber in liquid -latex form for addition to prepackaged dry -grout mix. Grout for Pregrouted Tile Sheets: Same product used in factory to pregrout tile sheets. 2.7 MISCELLANEOUS MATERIALS A. Metal Edge Flooring Transition Trims: Angle or L-shaped, height to match tile and setting -bed thickness, metallic or combination of metal and PVC or neoprene base, designed specifically for flooring applications; stainless -steel, ASTM A 666, 300 Series exposed -edge material. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. Basis -of -Design Product: Subject to compliance with requirements, provide Schluter Systems L.P.; Reno-V & Reno -Ramp or comparable product by one of the following: Blanke Corporation. a. Ceramic Tool Company, Inc. b. Schluter Systems L.P. Tile Cleaner: A neutral cleaner capable of removing soil and residue without harming tile and grout surfaces, specifically approved for materials and installations indicated by tile and grout manufacturers. B. Floor Sealer: Manufacturer's standard product for sealing grout joints and that does not change color or appearance of grout. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: Custom Building Products; Grout Sealer. CERAMIC TILING 09 3013 - 6 City of Fort Collins EPIC Pool Renovations Fort Collins, Colorado Project #: DPA 15809.00 2.8 MIXING MORTARS AND GROUT Mix mortars and grouts to comply with referenced standards and mortar and grout manufacturers' written instructions. A. Add materials, water, and additives in accurate proportions. B. Obtain and use type of mixing equipment, mixer speeds, mixing containers, mixing time, and other procedures to produce mortars and grouts of uniform quality with optimum performance characteristics for installations indicated. PART 3 - EXECUTION 3.1 EXAMINATION Examine substrates, areas, and conditions where tile will be installed, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of the Work. Verify that substrates for setting tile are firm; dry; clean; free of coatings that are incompatible with tile -setting materials, including curing compounds and other substances that contain soap, wax, oil, or silicone; and comply with flatness tolerances required by ANSI A108.01 for installations indicated. 1. Verify that concrete substrates for tile floors installed with adhesives or thinset mortar comply with surface finish requirements in ANSI A108.01 for installations indicated. Verify that surfaces that received a steel trowel finish have been mechanically scarified. a. Verify that protrusions, bumps, and ridges have been removed by sanding or grinding. Verify that installation of grounds, anchors, recessed frames, electrical and mechanical units of work, and similar items located in or behind tile has been completed. 2. Verify that joints and cracks in tile substrates are coordinated with tile joint locations; if not coordinated, adjust joint locations in consultation with Architect. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION Fill cracks, holes, and depressions in concrete substrates for tile floors installed with adhesives or thinset mortar with trowelable leveling and patching compound specifically recommended by tile -setting material manufacturer. A. Where indicated, prepare substrates to receive waterproofing by applying a reinforced mortar bed that complies with ANSI A108.1A and is sloped 1/4 inch per foot toward drains. CERAMIC TILING 09 3013 - 7 City of Fort Collins EPIC Pool Renovations Fort Collins, Colorado Project #: DPA 15809.00 Blending: For tile exhibiting color variations, verify that tile has been factory blended and packaged so tile units taken from one package show same range of colors as those taken from other packages and match approved Samples. If not factory blended, either return to manufacturer or blend tiles at Project site before installing. 3.3 CERAMIC TILE INSTALLATION Comply with TCNA's "Handbook for Ceramic, Glass, and Stone Tile Installation" for TCNA installation methods specified in tile installation schedules. Comply with parts of the ANSI A108 series "Specifications for Installation of Ceramic Tile" that are referenced in TCNA installation methods, specified in tile installation schedules, and apply to types of setting and grouting materials used. For the following installations, follow procedures in the ANSI A108 series of tile installation standards for providing 95 percent mortar coverage: Tile floors in wet areas. a. Tile swimming pool decks. b. Tile floors consisting of tiles 8 by 8 inches or larger. Extend tile work into recesses and under or behind equipment and fixtures to form complete covering without interruptions unless otherwise indicated. Terminate work neatly at obstructions, edges, and corners without disrupting pattern or joint alignments. Accurately form intersections and returns. Perform cutting and drilling of tile without marring visible surfaces. Carefully grind cut edges of tile abutting trim, finish, or built-in items for straight aligned joints. Fit tile closely to electrical outlets, piping, fixtures, and other penetrations so plates, collars, or covers overlap tile. C. Provide manufacturer's standard trim shapes where necessary to eliminate exposed tile edges. D. Where accent tile differs in thickness from field tile, vary setting -bed thickness so that tiles are flush. E. Jointing Pattern: Lay tile in grid pattern unless otherwise indicated. Lay out tile work and center tile fields in both directions in each space or on each wall area. Lay out tile work to minimize the use of pieces that are less than half of a tile. Provide uniform joint widths unless otherwise indicated. Where tiles are specified or indicated to be whole integer multiples of adjoining tiles on floor, base, walls, or trim, align joints unless otherwise indicated. Joint Widths: Unless otherwise indicated, install tile with the following joint widths: Porcelain Tile: 1/4 inch . Expansion Joints: Provide expansion joints and other sealant -filled joints, including control, contraction, and isolation joints, where indicated. Form joints during installation of setting materials, mortar beds, and tile. Do not saw -cut joints after installing tiles. CERAMIC TILING 09 3013 - 8 EXHIBIT 1 — REVISED BID SCHEDULE SECTION 00300 BID FORM PROJECT: 8531 EPIC Pool Deck Tile Replacement Place: For: Collins, Co Date: 5/12/2017 In compliance with your Invitation to Bid dated April 21 , 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 in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment Bonds is as follows: Travelers Casualty and Surety Company of America/Olson i,td, 5655 S. Yosemite St. 4200, Greenwood Village, CO 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. - through 8. GENERAL PROJECT OVERVIEW - Anticipated Project Start Date — 8/14117 - Anticipated Project Completion Date — 9/1117 Addendum 1 Page 2 of 9 & Olson 80111 City of Fort Collins EPIC Pool Renovations Fort Collins, Colorado Project #: DPA 15809.00 Where joints occur in concrete substrates, locate joints in tile surfaces directly above them. Metal Edge Strips: Install where exposed edge of tile flooring meets carpet, wood, or other flooring that finishes flush with or below top of tile and no threshold is indicated. G. Floor Sealer: Apply floor sealer to grout joints according to floor -sealer manufacturer's written instructions. As soon as floor sealer has penetrated grout joints, remove excess sealer and sealer from tile faces by wiping with soft cloth. 3.4 WATERPROOFING INSTALLATION Install waterproofing to comply with ANSI A108.13 and manufacturer's written instructions to produce waterproof membrane of uniform thickness that is bonded securely to substrate. A. Allow waterproofing to cure and verify by testing that it is watertight before installing tile or setting materials over it. 3.5 ADJUSTING AND CLEANING Remove and replace tile that is damaged or that does not match adjoining tile. Provide new matching units, installed as specified and in a manner to eliminate evidence of replacement. A. Cleaning: On completion of placement and grouting, clean all ceramic tile surfaces so they are free of foreign matter. Remove grout residue from tile as soon as possible. 1. Clean grout smears and haze from tile according to tile and grout manufacturer's written instructions but no sooner than 10 days after installation. Use only cleaners recommended by tile and grout manufacturers and only after determining that cleaners are safe to use by testing on samples of tile and other surfaces to be cleaned. Protect metal surfaces and plumbing fixtures from effects of cleaning. Flush surfaces with clean water before and after cleaning. 3.6 PROTECTION Protect installed tile work with kraft paper or other heavy covering during construction period to prevent staining, damage, and wear. If recommended by tile manufacturer, apply coat of neutral protective cleaner to completed tile walls and floors. A. Prohibit foot and wheel traffic from tiled floors for at least seven days after grouting is completed. B. Before final inspection, remove protective coverings and rinse neutral protective cleaner from tile surfaces. END OF SECTION 09 3013 CERAMIC TILING 09 3013 - 9 City of Fort Collins EPIC Pool Renovations Fort Collins, Colorado Project #: DPA 15809.00 CERAMIC TILING 09 3013 - 10 COMPLIANCE / ENGINEERING / REMEDIATION L T Environmental Inc. 4600 West 60th Avenue 4�w Arvada, Colorado 80003 T 303.433. 9788 / F 303,433,1432 February 12, 2016 Mr. Ethan Cozzens City of Fort Collins Facilities Project Manager 300 LaPorte Avenue, Building B Fort Collins, Colorado 80522-0580 RE: Limited Asbestos and Lead -Based Paint Survey for Renovation Epic Swim Center 1801 Riverside Avenue Fort Collins, Colorado 80525 Dear Mr. Cozzens: LT Environmental, Inc. (LTE) has prepared this report on behalf of the City of Fort Collins (the City) following the limited asbestos and lead -based paint survey and sampling of select areas of the Epic Swim Center located at 1801 Riverside Avenue in Fort Collins, Colorado (Site, Figure 1). The Site is currently occupied by a multi -story recreation center comprised of a swim area, indoor ice surfaces, cardio/weight room, concession stand, multi -purpose and skate service rooms, other common areas, and various mechanical rooms. The planned renovation includes the swim area and the pool mechanical room and were the only locations surveyed. Within these spaces, homogeneous materials of suspect asbestos -containing materials (ACMs) were identified and documented. Although reasonable effort was made to survey accessible suspect materials, additional suspect but unsampled materials could be located in walls, voids, interior equipment components, or in below grade (sub -grade) or other concealed areas. Suspect ACM was sampled in conformance with the sampling protocols outlined in the United States Environmental Protection Agency (EPA) regulations 40 Code of Federal Record (CFR) 763.86, Asbestos Hazard Emergency Response Act (AHERA). Samples were delivered to an accredited laboratory for analysis by polarized light microscopy (PLM). SAMPLING OBJECTIVES LTE understands this asbestos survey was requested as a result of planned renovation of the swim area and the pool mechanical room of the site building. The EPA 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants (NESHAP), prohibits the release of asbestos fibers to the atmosphere during renovation or demolition activities. The asbestos NESHAP rule requires that potentially regulated asbestos -containing building materials (RACM) be identified, classified, and quantified prior to planned disturbance or renovation activities. Cozzens, E. Page 2 SITE DESCRIPTION The Site is a multi -story recreation center comprised of a swim area, indoor ice surfaces, cardio/weight room, concession stand, multi -purpose and skate service rooms, other common areas, and various mechanical rooms. FIELD ACTIVITIES The survey was conducted by Mr. Mike Hupp, a Colorado Certified Asbestos Building Inspector (CABI). A copy of Mr. Hupp's state certification is included as Attachment 1. Mr. Hupp collected samples in adherence to the EPA 40 CFR Part 763 and the Colorado Department of Public Health and Environment (CDPHE) Regulation 8. Visual Assessment Sample location maps (Figures2 and 3) depicting the building and areas sampled are attached. The LTE survey activities began with a visual observation of the Site and interior portions of the building to identify functional spaces and homogeneous materials and determine the different painted surfaces. Phvsical Assessment A physical assessment of each homogeneous suspect ACM was conducted to assess the condition of the material as friable or non -friable. The EPA defines friable material as one which, when dry, can be crumbled, pulverized, or reduced to a powder by hand pressure. Friability was assessed by physically touching suspect ACM. Asbestos Sample Collection Based on the results of visual observations, bulk samples of suspect ACM were collected in general conformance with AHERA protocols. The samples were collected using wet methods as applicable to reduce the potential for a friable release. Samples were placed in sealable containers and labeled with unique sample identifications based on the material's location. A total of 36 bulk samples of suspect ACM were collected. Bulk samples were collected from: Miscellaneous Materials: Wall Penetration Fire Stop Floor Epoxy Tile Grout Caulking Cozzens, E. Page 3 Floor Tile Mastic Gaskets Pipe Sealant Ventilation Tape Sealant Tank Sealant Surfacing Materials: Beam Covering. The suspect ACM samples were submitted to Reservoirs Environmental, Inc. (REI) in Denver, Colorado, an independent laboratory accredited by the American Industrial Hygiene Association and has successfully participated in the National Voluntary Laboratory Accreditation Program. All the bulk samples were submitted under chain of custody procedures to REI for analysis by PLM per EPA methodology (EPA-600/R-93/116). Visual estimation was used to obtain the percentage of asbestos present within the bulk samples. The EPA defines ACM as those materials that contain greater than I percent (%) asbestos. Bulk Lead Sampling LTE collected samples of the following materials: I inch (") x 1" white ceramic tile (swim area); 1" x 1" blue and white ceramic tile (swim area); and . 2" x 4" ceramic tile on walls (swim area). The bulk samples were submitted to REI. in Denver, Colorado, for analysis by Atomic Absorption Spectroscopy (AAS)/Atomic Emission Spectroscopy — Inductively Coupled Plasma (AES-ICP). REGULATORY OVERVIEW Asbestos The asbestos NESHAP rule (40 CFR Part 61) regulates asbestos fiber emissions and asbestos waste disposal practices. It requires the identification and classification of existing building materials prior to renovation or demolition activities. Under NESHAP, asbestos -containing building materials are classified as either friable, Category I non -friable, or Category II non -friable ACM. Friable materials are those that, when dry, may be crumbled, pulverized, or reduced to a powder by hand pressure. Category I non -friable ACM includes packings, gaskets, resilient flooring Cozzens, E. Page 4 covering, and asphalt roofing products. Category II non -friable ACM are any materials other than Category I materials that contain more than 1 % asbestos. Friable ACM and Category I and Category II non -friable ACM which is in poor condition and has become friable or which will be subjected to drilling, sanding, grinding, cutting, or abrading and which could be crushed or pulverized during anticipated renovation or demolition activities are considered RACM. RACM must be removed prior to renovation or demolition activities. If the amount of RACM exceeds the trigger levels of 260 linear feet (LF) or 160 square feet (SF), the owner or operator must provide the CDPHE Air Pollution Control Division (APCD) with written notification of planned removal activities at least 10 working days prior to the commencement of asbestos abatement activities. Removal of RACM must be conducted by a trained and appropriately licensed asbestos abatement contractor. The State of Colorado CDPHE Regulation 8, Hazardous Air Pollutants Control, Part B, Asbestos, and 5 Code of Colorado Regulations (CCR) 1001-10, Part B applies, in general, to buildings, facilities, and associated components. The CDPHE-APCD is the implementing regulatory agency for all NESHAP regulations. The United States Occupational Safety and Health Administration (OSHA) asbestos standard for the construction industry (29 CFR 1926.1101) regulates workplace exposure to asbestos. The OSHA standard requires that employee exposure to airborne asbestos fibers be maintained below 0.1 asbestos fibers per cubic centimeter (0.1 f/cc) of air for an 8-hour day. The OSHA standard classifies construction and maintenance activities, which could disturb ACM, and specifies work practices and precautions, which employers must follow when engaging in each class of regulated work. Lead Title IV of the Toxic Substance Control Act (TSCA), as well as other authorities in the Residential Lead -Based Paint Hazard Reduction Act of 1992, directs EPA to regulate lead -based paint hazards. In addition, the OSHA Regulation 29 CFR 1910.1025 outlines health and safety for workers that have the potential to disturb lead -containing paint or lead -based paint. The OSHA standard requires that employee exposure to airborne lead be maintained below 50 micrograms per cubic meter (µg/m3). FINDINGS AND RECOMMENDATIONS Asbestos Bulk samples that were collected and submitted to the laboratory for analysis are identified on the asbestos sample description tables included as Table 1 and on the laboratory analytical reports included as Attachment 2. Based on the results of laboratory analysis, no ACMs have been identified. Roofing materials and other suspect ACM located in additional areas of the building were not sampled during this limited asbestos survey and should be tested prior to renovation or demolition which could render suspect materials friable. Cozzens, E. Page 5 Lead The EPA definition of lead -based paint is paint or other surface coatings that contain lead at concentrations equal to or exceeding 1 milligram of lead per square centimeter (mg/cm2) of paint or greater, or paint that contains lead greater than 0.5% lead by weight or 5,000 parts per million (ppm) by weight. Based on the analytical results, no bulk samples exceeded the EPA standard; however lead was detected in the coating of the 1" x 1" white and blue ceramic tile (Sample ID LEAD02-EPIC-01) at a lead concentration of 56.7 ppm and therefore the ceramic tile coating is defined as lead -containing paint by OSHA. Recommendations Based on the results of the survey activities and the information provided that specific areas of the building (the swim area and the pool mechanical room) are planned for renovation, LTE has the following recommendations: It was reported that the building is to be renovated in areas pertaining to the scope of work performed by LTE. It is recommended that during renovation activities, if additional suspect ACM is uncovered, then supplementary samples be collected and analyzed. It is recommended that a Toxicity Characteristic Leaching Procedure (TCLP) sample be collected to determine the presence of lead in the waste stream created during renovation activities to determine if the waste will leach lead overtime at concentrations that exceed the standards. Since the remainder of the Epic Swim Center will be open during renovation of the pool area, it is recommended that all removal of the ceramic tile with the lead coating be conducted inside a containment so lead dust is not spread throughout the facility. The work areas should be keep under negative pressure, the mechanical system for the work area should be isolated, and workers completing the removal of the work should don proper personnel protective equipment (PPE). A lead removal scope of work should be developed for the purpose of obtaining bids from contractors. GENERAL COMMENTS This report is exclusively for the use and benefit of the City of Fort Collins and is not for the use or benefit of any person or entity, nor may any other person or entity rely upon this report without the express written consent of LTE. All work related to the asbestos survey was conducted in a manner consistent with the level of care and skill of other members conducting similar services, under similar conditions in the same locale. This report is not a bidding document. Contractors and consultants reviewing this report must make their own conclusions regarding further Cozzens, E. Page 6 investigation or remediation which may be deemed necessary. LTE does not warrant the work of the laboratory. No warranty express or implied is made. LTE appreciates the opportunity to provide environmental services to the City of Fort Collins. If you have any questions, please contact our office at (303) 433-9788. Sincerely, LT ENVIRONMENTAL, INC. ZA/61- , --C� Nick Talocco, P.E. Senior Engineer Attachments: Figure I Site Map Figure 2 Asbestos Sample Locations — Mechanical Room Demolition Plan - Figure 3 Asbestos Sample Locations — Existing Pool Demolition Plan Table 1 Asbestos Sample Description Table Table 2 Lead Paint Chip Sample Results Attachment 1 Personnel Certification Attachment 2 Laboratory Analytical Reports FIGURES ARO{� ewe '^��\J p �'-�.:_%�•i j/ v ,a0q. � �� \\ Y \�� \ 1. ` .'{YY t - +t✓d'i' 9 � 'f� �: e i �� ffla !,! �i• •�� x �S 7F j EPIC.SWIM CENTER n 1J ROAD ccp t �I - 25 c ,`_ J. ?g LEGEND IMAGE COURTESY OF ESRI/USGS O SITE LOCATION 0 2 000 4,000 N Feet • FIGURE 1 SITE LOCATION MAP COLORADO ASBESTOS AND LEAD SURVEY EPIC SWIM CENTER LARIMER COUNTY, COLORADO CITY OF FORT COLLINS CTya1 Fori Col+no!DISIMRDYM101000] ASB LEAD SURVEY EPK SWIM CENTER%081010002FIC01 SL ml Contractor to provide a turnkey product per the plans and specifications. Please reference all spec's and drawings for full extent for scope of work. This work includes, but is not limited to: o Work includes replacing all 1 "0" tile per plans and specifications. Some existing tile to remain. Tile contractor to provide all material as specified per plans including therapy pool deck tile. c Work includes replacing all cove base located in the natatorium. This includes all columns and perimeter cove base. Work to be completed so that final product meets ADA requirements at the entire surrounding pool deck area. o Work includes all abatement costs. o Work includes all labor & material. c Providing dust control. Environmental Testing: } Addendum 1 c Please reference the attached LT Environmental Report dated February 12, 2016 for results. • Asbestos — No ACMs have been identified based on this report. • Lead — Lead was detected in the coating of the 1"x1" dark blue ceramic tiles. Please reference the attached picture for more detail. o LT Environmental — Scope of Work ■ Task 1 • Based on our findings during the limited asbestos and lead survey conducted January 15, 2016, LTE believes that a Toxicity Characteristic Leaching Procedure (TCLP) sample should be obtained to determine the concentration of lead in the likely waste stream to be generated during renovation activities to determine if the waste will leach lead overtime at concentrations that exceed the standard of 5.0 milligrams per liter (mg/L). TCLP samples collected will be submitted to Reservoirs Environmental, Inc. for analysis. • The TCLP is a test designed to simulate the leaching a waste will undergo if disposed in a sanitary landfill. Samples are taken which will be representative of the waste that is likely to be generated as part of the renovation. The samples are then extracted with a weak acid solution in a way that will mimic the release of toxic materials into the environment at the landfill. Lead that is weakly bound chemically will be leached into solution. Lead that is more tightly bound will not. The solution is then analyzed and if greater that 5 mg/L of lead is in the solution it is considered hazardous waste. Please note that TCLP samples were taken as part of the original pool remodel. Please reference the attached results for further direction. Page 3 of 9 �;.✓_-''"°�^ �+ ,tin-- seua�nlwa II �,r,^ exmmlcm x.� Brea .�.mlu�le 0 - li LEGEND . vwc wum. ASBESTOS SAMPLE LOCATIONS EPIC SWIM CENTER POOL RENOVATION MECHANICAL ROOM DEMOLITION PLAN FORT COLLINS, COLORADO cm a Tart c LEGEND i ._ ,. �.,. aeon,=• eP cn: e:c c, .• .c l M L n 6 o �,reT 3 L EJ " p e L-L I�if1_ �- -- A N f➢C w G C EPIC SWIM CENTER POOL RENOVATION Lim EXISTING POOL DEMOLITION PLAN FORT COLUNS, COLORADO cm a TABLES TABLE ASBESTOS SAMPLE DESCRIPTION TABLE EPIC SWIM CENTER 1801 RIVERSIDE AVENUE FORT COLLINS, COLORADO CITY OF FORT COLLINS SAMPLE IDENTIFlGTION SAMPLE DESCRIPTION SAMPLE DATE MATERIAL T1 PE (SURFACING, TSi. MISC.) FRIABLE NON- FRIABLE ASSESSMENT (GOOD. DAMAGED, SIGNIFICANIFICANTLY DAMAGED) POTENTIAL FOR DISTURBANCE (LOW, MODERATE. HIGH) ASBESTOS CONTENT MRSCOI-EPIC43 Ormage foam I/152016 Masc. Fnablc Dammed Modmam NO MDSCII2-EPIC-III Tan/Goren fbmus nn and 1/1521111, Misc Non-Fnabk Good Low NO MRSCO2-EPIC-02 Tan/Gran fibrous mmmld 11152011, M.S. Non.F.6L Good lox NO MISCO2-EPICA3 Tan/Ga. fabmusmmcnal I/15/2016 Nlisc Nan-Fnablc Good Lox NO MRSCII3-EPIC-01 Gm grout 1/152016 Miac. Non-Frithic Good Lox NO N11SC03-EPIC-02 A-,hgcarnmmuk 1/15201h Mt. Non-Fnablc Clow Lon NO g grou NO MISC03-EPIC-03 Grin grow 1/1521116 Nbsc Non-Fnahlc (rood I., NO MISC03-EPICa1J A.G.grant I'15ROIM1 Mac Non-Fnablc Good Lox NO Bsshim..m Ok NO MOSC03-EPIC4)5 Gm grout I: 15201e Mt. Non-Fmble Good Lox NO MISC04-EPIC-01 B.. resinous mmcrmlublw Paml I I5,2016 M.. Nan.Fnablc Good Imr NO MISCOI-EPIC-02 Brm.. resinous mmermlu blue paml 115/201h Mis Nan-Fnahlc Good Lo,' NO MBSCU-EPIC-03 Bro. rnmous mineral o!bluc paint 1152016 Mnc. Non-Fnablc Guod Lon NO NISC05.EPIC-01 Whne......apasta 1.152016 Mo. Nan-Fnablc G.W Lao NO MISC05-EPIC-02 Whtm coin., mmmadx blue pram 1: 15aM6 Misc Nan-Fnablc eumd Lox NO MISCOS-EPIC-03 W9utc reswo mxlmwlw blue pama 11152016 Masc. Nan-Fnablc Good low NO MISC0&EPIC4)I Colorless mimus nmmnd 1/15(2016 Misc Non-Fnabk G.W I." NO MISCO&EPIC-02 Colorless resmans mmcrml o lbluc paint 1/15/211W Mis. Non-Frmble G.M Lox NO MBSC06-EPIC-03 Colorless mnnmas mmcrml 1/1520P, Misc. Non-Frmbic G.W Low NO MISC07-EPIC-0l ODwhae asmous mmcrml 1/1512016 Mow Non -Friable Go.d Low NO MDSCO7-EPIC4)2 ORwhamrcemnus mmcnol 1/15201h Nbs Nan.Friable Gaad Lox NO M[SCO7-EPIC4t3 Off. hnc awmow mmcnol 1/1521116 Misc. Non -Friable Good Lox NO SMW-FPIC-0I Bluc/mnlu,.bred paint 1/152016 Misc. Nan-Fnablc Good Lmr NO SMOI-EPIC-02 Bluc/mulu<olomd pmna I/IsaMb M.s Non-Fnablc Good Lox NO SMOI-EPIC-03 Blucimulti ol=d point 1/151201h Mis Non-Fnabk Good Lox NO smoz-EPIC-0I Wbrm compnuaad xiw.0 a hac Puma I/IVda16 burramg Nan-Fnablc Good Inn NO SMO2-EPICa12 Whom compouaad.. nh nlf., bin puma 1'15a011' \nrramg Non-Fnablc Good h. NO SM02-EPIC-03 Ahtm compound .. ah oil x hnc pram 11I5/21116 Sud'amg Nan-Fnabk Goad Lox NO A-W-hsm'nhm xrap x th g. prom B-Whna resmoas mown.] ..di green Punt NO TSl01-EPIC4)I C-Ycllox insulmmn 1/15POI1, Mt. Non-Fnabk Good I., NO NO A-Wbl,siker wrap xmh grca pmnt B-Ycllox ineulohon ND TS101-EPIC-02 C-White rcamam mammal xnh gran pram 1/152016 Misc Non-Fnabk Good Lo.r NO NO A-WhmWsdsm wrap,,,6 grmm pram B-W'him romow mmmml xa0a gnat pint NO TSIM-EPIC-03 C-Ydbx msulmmn 1/15an16 Mis. Non-Fnabk Good Low NO NO TABLE ASBESTOS SAMPLE DESCRIPTION TABLE EPIC SWIM CENTER IMII RIVERSIDE AVENUE FORT COLLINS, COLORADO CITY OF FORT COLLINS TSIIIS-EPIG)1 A -Gm, .units mamnal 111 i/2016 Misc. Non -Friable Good L." NO B-Wbddmlucserop NO TSIULEPIG72 A-Gmp 1/I5/2016 Mix. Non-Fnablc Goad Lox NO S-WbltnlNRorurup NO TSI02- EPIC-03 A-Gra>xsmom malcnal I'ISRIIIL Misc. Non-F nebk Good Lox NO B-WTtte/Hire wrap NO A-Whne/vhc wrap xuh grcrn pamt TCIn3-EPIC-UI B-White mincesmalmal nah green paintN PI521116 M. Non-Fnablc Good lue' NO C-Ydlass m.ulmmn ND A-Whoc mainaus mM..l"uh grcas p.I N TS103-EPIC-02 B-Yellow mmlaua. 143/21116 Nhx Non-Fnablc Good Low. NO TS103-EPIC43 I Ynllosr insulation I/I3/2016 Misc. Non-Fnablc Good Lou NO Not... MISC-mucellanmus ND- none detected for asbestos content TSI- thermal system Insulation TABLE2 LEAD PAINT CHIP SAMPLE RESULTS EPIC SWIM CENTER 1801 RIVERSIDE AVENUE FORT COLLINS, COLORADO CITY OF FORT COLLINS Sample Name Sample Date Sample Description Lead Concentration (mg/kg) LEADOI-EPIC-01 1/15/16 1" x I" tile(white) RRI LEAD02-EPIC-01 1/15/16 1" X I" tile (blue/white) �6 7 LEAD03-EPIC-01 1/15/16 2" x 4" wall tile BRL Defined Lead Based Paint Levell 0.500 NOTES: mg/kg - milligram per kilogram or pans per million (ppm) by weight " - inch BRL - indicates below reporting limits ATTACHMENT I PERSONNEL CERTIFICATION No Text ENVI 14367 Lakeview Lane, Broomfield. Colorado 80023 i Tel 303.424 4647 Fax 303.432 8669 CERTIFIES THAT W Vok MIKE HUPP Has successfulty completed The EPA -Approved AHERA Asbestos Course for INSPECTOR. This course is EPA - approved under Section 206 of the Toxic Substances Control Act (TSCA) and meets the requirements of Colorado Regulation No. 8. Course Date: 03/09/15 — 03/11/15 Exam Date: 03/11115 Certificate No.: AE15-016-8I-1-03 Expiration Date: _..._ 03/11/16 1 K. Jay Gal esident ATTACHMENT LABORATORY ANALYTICAL REPORTS ■ Task 2 • In addition, LTE is providing a cost estimate to provide oversight of the general abatement contractor or other contractor during abatement activities to collect dust whip samples outside the containment area to confirm that the lead concentration found within dust surrounding the work area does not exceed the standard of 800 milligrams per cubic centimeter (mg/cmz). Dust whip samples collected will be submitted to Reservoirs Environmental, Inc. for analysis by Graphite Furnace AA (GFAA) or inductively coupled plasma mass spectrometry (ICP-MS). Upon completion of abatement activities, LTE will conduct a final visual and final clearance sampling, collecting 4 dust whip samples from the floor and 1 from each window sill (or other flat surface) via Graphite Furnace AA (GFAA) or inductively coupled plasma mass spectrometry (ICP-MS) analysis of the containment area. All final clearance samples collected will be submitted to Reservoirs Environmental, Inc. for analysis. • LTE will provide a summary report detailing the field observations, laboratory analytical results, and conclusions. ■ ASSUMPTIONS • Based on the scope of work and our walkthrough of the building, LTE has developed the following assumptions: o LTE will provide oversight throughout the duration of the abatement project; LTE will collect no more than two dust whip samples outside the containment area each day during abatement activities; LTE will conduct final visual and final clearance sampling via Graphite Furnace AA (GFAA) or inductively coupled plasma mass spectrometry (ICP-MS) analysis a upon completion of abatement within the containment area; and Abatement must be completed immediately in order to accommodate for the short time frame the project is allowed to complete the work. • LT Environmental will provide abatement "oversite" only. The general contractor is responsible for all abatement work detailed by the LT Environmental report dated February 12, 2016, ■ All lead abatement work must be coordinated with LT Environmental and the City of Fort Collins. • All openings must be sealed during abatement. ■ OSHA guidelines must be followed during the abatement. It is the contractor's responsibility, and expense, to manage the removal and disposal of the lead coated tile. Addendum 1 Page 4 of 9 Reservoirs Environmental, Inc Effective January 1, 2015 Reservoirs Environmental OA Manual T]OAOC\LabkReservoirs Environmental OA Manual.doc A E� Reservoirs Environmental, Inc. January 20, 2016 Nick Talocco LT Environmental, Inc. 4600 W. 60th Ave. Arvada CO 80003 Dear Customer, Subcontract Number: Laboratory Report: Project # / P.O. # Project Description: NA RES 340648-1 0.061616002 Ft. Collins Reservoirs Environmental, Inc. is an analytical laboratory accredited for the analysis of Industrial Hygiene and Environmental matrices by the National Voluntary Laboratory Accreditation Program (NVLAP), Lab Code 101896-0 for Transmission Electron Microscopy (TEM) and Polarized Light Microscopy (PLM) analysis and the American Industrial Hygiene Association (AIHA), Lab ID 101533 - Accreditation Certificate #480 for Phase Contrast Microscopy (PCM) analysis. This laboratory is currently proficient in both Proficiency Testing and PAT programs respectively. Reservoirs Environmental, Inc. has analyzed the following samples for asbestos content as per your request. The analysis has been completed in general accordance with the appropriate methodology as stated in the attached analysis table. The results have been submitted to your office. RES 340648-1 is the job number assigned to this study. This report is considered highly confidential and the sole property of the customer. Reservoirs Environmental, Inc. will not discuss any part of this study with personnel other than those of the client. The results described in this report only apply to the samples analyzed. This report must not be used to claim endorsement of products or analytical results by NVLAP or any agency of the U.S. Government. This report shall not be reproduced except in full, without written approval from Reservoirs Environmental, Inc. Samples will be disposed of after sixty days unless longer storage is requested. If you have any questions about this report, please feel free to call 303-964-1986. Sincerely, Ian 1IU/V�Ul�- Jeanne Spencer President R 303-964-1986 F. 303-477-4275 5801 Logan Street, Suite 100 Denver, CO 80216 Page 1 of i 1-866-REST-ENV w v reilab.com Rea .. Emira .adal, Inc Reeerven EnvironmeMel 0A Manuel RESERVOIRS ENVIRONMENTAL INC. NVLAP Lab Code 10189" TABLE: PLM BULK ANALYSIS, PERCENTAGE COMPOSITION BY VOLUME RES Job Number. RES 340648-1 Client: LT Environmental, Inc. Client Project Number / P.O.. 0.061616002 Client Project Description: Ft. Collins n.10 Remnlnc Rers..ivnd 6niuv 14 7n1F Elledlve Janaary 1, 2015 0 Enveanmeatal DA Manuel. don Method: EPA 600/R-931116 - Short Report, Bulk ND=None Detected Turnaround: 3-5 Day TR=Trace, <1%Visual Estimate Trem /Act=Tremolite/Actinohte Date Samples Analyzed: January 20. 2016 Client Lab L Asbestos Content Non Non - Sample ID Number A Sub Asbestos Fibrous Number Y Physical Part Mineral Visual Fibrous Components E Description Estimate Components SM01-EPIC-01 EM 1557834 A Blue/multi-colored paint 100 NO 0 100 SM01-EPIC-02 EM 1557835 A Blue/multi-colored paint 100 NO 0 100 SMOI-EPIC-03 EM 1557836 A Blue/multi-colored paint 100 NO 0 100 TS101-EPIC-01 EM 1557837 A White/silver wrap w/green paint 10 NO 60 40 B White resinous material wl green paint 15 NO 0 100 C Yellow insulation 75 ND 90 10 TSI01-EPIC-02 EM 1557838 A White/silver wrap w/ green paint 15 ND 60 40 B Yellow insulation 35 ND 90 10 C White resinous material w/ green paint 50 ND 0 100 TS101-EPIC-03 EM 1557839 A White/silver wrap w/green paint 15 ND 60 40 8 White resinous material w/ green paint 15 ND 0 100 C Yellow insulation 70 NO 90 10 MISCOl-EPIC-01 EM 1557840 A Orange foam 100 NO 0 100 MISCOl-EPIC-02 EM 1557841 A Orange foam 100 NO 0 100 TEM Analysis recommended for organically bound material (i.e. floor tile) if PLM results are <1%. P 303-964-1986 5801 Logan Sine( Suite 100. Demw, CO 8M16 1.866-RE81-ENV F M( 477<275 1ww,elat, cam Page 1 of 4 Reaena,a Envi,onmemal. Inc. R—e ,a Env„onmenl4 OA Manual RESERVOIRS ENVIRONMENTAL INC. NVLAP Lab Code 101896-0 TABLE: PLM BULK ANALYSIS, PERCENTAGE COMPOSITION BY VOLUME RES Job Number: RES 340648.1 Client: LT Environmental, Inc. Client Project Number / P.O.: 0.061616002 Client Project Description: Ft. Collins Date Samples Received: January 15. 2016 FJracCve Amery 1, 2015 0'1OAOCLL %Rate m Envaanmenbl OA Manual nW Method: EPA 600/R-93/116 - Short Report, Bulk ND=None Turnaround: 3-5 Day TR=Trace, Date Samples Analyzed. January 20, 2016 Trem/Act=Tremolite/Aclinolite Detected 0% Visual Estimate Client Lab L Asbestos Content Non Non - Sample ID Number A Sub Asbestos Fibrous Number y Physical Part Mineral Visual Fibrous Components E Description Estimate Components MISCOl-EPIC-03 EM 1557842 A Orange foam 100 NO 0 100 SM02-EPIC-01 EM 1557843 A White compound w/ off white paint 100 NO 0 100 'M02-EPIC-02 EM 1557844 A White compound w/ off white paint 100 NO 0 100 A02-EPIC-03 EM 1557845 A White compound w/ off white paint 100 NO 0 100 MICS02-EPIC-01 EM 1557846 A Tan/green fibrous material 100 ND 60 40 MICS02-EPIC-02 EM 1557847 A Tan/green fibrous material 100 NO 60 40 MICS02-EPIC-03 EM 1557848 A Tan/green fibrous material 100 ND 60 40 TSI02-EPIC-01 EM 1557849 A Gray resinous material 50 No 0 100 B White/silver wrap 50 NO 60 40 TSI02-EPIC-02 EM 1557850 A Gray resinous material 40 NO 0 100 B White/silver wrap 60 NO 60 40 TSI02-EPIC-03 EM 1557851 A Gray resinous material 50 NO 0 100 B White/silver wrap 50 NO 60 40 MISC03-EPIC-01 EM 1557852 A Gray grout 100 ND 0 100 TEM Analysis recommended for organically bound material (i.e. floor tile) if FILM results are <1 %. R 303.964-1996 5801 Logan eueet, ewle 100, Demm, CO 80216 1-E6G-RI_5I-ENI F Wg 4772P5 vrw.,eilab cam Rego z ou Rau . E.,..", Inc. Raea . Fml,anmerdal DA Manual RESERVOIRS ENVIRONMENTAL INC. NVLAP Lab Code 101896.0 TABLE: PLM BULK ANALYSIS, PERCENTAGE COMPOSITION BY VOLUME RES Job Number: RES 340648.1 Client LT Environmental, Inc. Client Project Number / P.O.: 0.061616002 Client Project Description: Ft. Collins EJrecere Jan., 1. 2015 010AOCUABWeaervan EnrmnmwdW oA Manual dac ____...r._________. _____., __.- Method: EPA 600/R-93/116 - Short Report, Bulk ND=None Detected Tumaround: 3-6 Day TR=Trace, <1% Visual Estimate Trem/Act=Tremolile/Actinolile Date Samples Analyzed: January 20, 2016 Client Lab L Asbestos. Content Non Non - Sample ID Number A Sub Asbestos Fibrous Number Y Physical Part Mineral Visual Fibrous Components E Description ;Estimate Components R (%) I%) (%) (%) MISC03-EPIC-02 EM 1557853 A White ceramic tile 30 ND 0 100 B Gray grout 70 ND 0 100 MISC03-EPIC-03 EM 1557854 A Gray grout 100 ND 0 100 MISC03-EPIC-04 EM 1557855 A Gray grout 40 ND 0 100 B White ceramic tie 60 ND 0 100 MISC03-EPIC-05 EM 1557856 A Gray grout 100 ND 0 100 MISC04-EPIC-01 EM 1557857 A Brown resinous material w/ blue paint 100 ND 0 100 MISC04-EPIC-02 EM 1557858 A Brown resinous material w/ blue paint 100 ND 0 100 MISC04-EPIC-03 EM 1557859 A Brown resinous material w/ blue paint 100 ND 0 100 MISC05-EPIC-01 EM 1557860 A White resinous material w/ blue paint 100 ND 0 100 MISC05-EPIC-02 EM 1557861 A White resinous material w/ blue paint 100 ND 0 100 MISC05-EPIC-03 EM 1557862 A White resinous material w/ blue paint 100 ND 0 100 MISC06-EPIC-01 EM 1557863 A Colorless resinous material 100 ND 0 100 MISC06-EPIC-02 EM 1557864 1 A Colorless resinous material w/ blue paint 100 ND 0 100 TEM Analysis recommended for organically bound material (i.e. floor tile) if PLM results are <1%. P 303 W6 1996 SBOt Logan Seen[ Salta 100. Oemer. C08021e 1-BBB-RESI-EW F 3034T475 w.w rehab cam Page J of A Reawvdn Enwonmenlal, Inc Retervdn EnNronmarrtM OA ManuW RESERVOIRS ENVIRONMENTAL INC. NVLAP Lab Code 101896-0 TABLE: PLM BULK ANALYSIS, PERCENTAGE COMPOSITION BY VOLUME RES Job Number: Client: Client Project Number / P.O. Client Project Description: Date Samples Received: RES 340648-1 LT Environmental, Inc. 0.061616002 Ft. Collins January 16. 2016 Ells a January 1, 2015 O',\OAOCV BWemoin Emir°nmantal CA Manual dm Method: EPA 600/R-93/116 - Short Report, Bulk ND=None Detected TR=Trace, Turnaround: 3-5 Day <1 % Visual Estimate Dale Samples Analyzed. January 20, 2016 Trem/Act=Tremolde/Actinolile Client Lab L Asbestos Content Non Non - Sample ID Number A Sub Asbestos Fibrous Number Y Physical Part Mineral Visual Fibrous Components E Description Estimate Components R (%) (�) (%) (%) MISC06-EPIC-03 EM 1557865 A Colorless resinous material 100 ND 0 100 MISC07-EPICDI EM 1557866 A Off white resinous material 100 ND 0 100 4SC07-EPIC-02 EM 1557867 A Off white resinous material 100 ND 0 100 ,SC07-EPIC-03 EM 1557868 A Off white resinous material 100 ND 0 100 TS103-EPIC-01 (Not on Original COC) EM 1557872 A White/silver wrap w/ green paint 15 ND 60 40 B White resinous material w/ green paint 20 NO 0 100 C Yellow insulation 65 NO 90 10 TS103-EPIC-02 (Not on Original COC) EM 1557873 A White resinous material w/ green paint 35 NO 0 100 B Yellow insulation 65 ND 90 10 TS103-EPIC-03 (Not on Original COC) EM 1557874 A Yellow insulation 100 NO 90 10 TEM Analysis recommended for organically bound material (i.e. floor tile) if PLM results are <1%. ge Terry Analyst / Data OA v 301864-1866 5801 L"an Stmat Suet 100. Otwar, CO SM18 1-866-RES'ENV r 383-474275 atrata °14 raw rehab n°m Due Date: �,_t Due Time. �T REJ± Reservoir Ers+virvrrrrrrerztta/. /rtc_ RES 340648 WZ1 Lc9a1 51 7w++e r, CD 9=1C - C. 3.3 964 17M • Fa. M-4---4.75 • Td, r.ea After Hours Cell Phone: 720-339-9228- SUBMITTED BY: INVOICE TO: (IF DIFFERENT) CONTACT INFORMATION: a600 Ave. PLM I PCM I TEM —RUSH (Sams Day) _ PRIORITY (Ner, Day) �ANDARD 13-5 Day) (Rush PCM . 2hr, TEM = 6hr.) CHEMISTRY LABORATORY HOURS: Wookdays: 8am- Spm Metags) I Dust- _ RUSH _ 24 hr. _3.5 Day RCRA a 1Metals d Welding R"PrfernotRUSH Ie Fume Stan I TCLP" —USH (3 Cay )_5 Day_10 Oay reQlllnd ?w nor trlmanaunda,- a. Organics _ 24 hr. _ 3 dry _5 Day MICROBIOLOGY LABORATORY HOURS: Weekdays: 9am - 6pm E.coli and/or Conforms' _ 24-AE Hour Other. Pathogens- — 24.40 Hour 'TAT dependent oe spell of Microbial Growth- —5•iC Day mrrobld grvvM.- Legionetls _ 10 Day Mold _ RUSH _2t Hr_eE Fir _3 Day _5 Day " T urnarouna time eftaWish a laboratory priority, subject to la5watnry volume and are not Instructions: ID's must be --- -- --- "°"' 303-962-5542 --- - - rQ 303_-433-1432 720-325-0463 6.06IC16002 Rnal Data Deliverable Emul Address' REQUESTED ANALYSIS 5 m C a a e _ W 1 0 a a° ° a g vv E $.5 d 5 o ~ ¢ — to - - C e -✓i ti J pI/ u V a� N o VALID MATRIX CODES LAB NOTES: Air a A Bulk = B Oust = D Paint = P Soil . S I woc a W - - - Swab a SW F x Find --. -- Y1Kagwater -DWI Wssw Water •WW 0. OCer �ASTM E1792 approved vnpe wdu vdy� � V � g % Data Time EM Number V Collected Collected ;Laaaratvy Uw Or.,) A .. ..waatir r+rem .ro 0 1 I 'C- 4 TS101-EPIC-01 Ix I B_ 1 _ I 1 —4. 5 TSI01-EPIC-02 Ix 1 13 1 7 MISCOl-EPIC-01 ----- X 0 1 8 MISC01-EPIC-02 X' - -- 9 _ MISC01-EPIC-03 -- X — — 0 1 10 SM_02-EPIC-01 — X 0 1 Number of samples received: / (Additional samples shall be listed on attached long form.) .---- - -- NOTe. REI" /Tall/[[ Yfi 2 sarn", ' ww Md NIR rot N Mpenbele for NNH or pN)!bm In CdCWaI%M! rtauNnp frp , N[ VIa"vW 01 of W WIa a Fl tl r"JC m rlvlMaftre tl NdT wf RI M Chen d CV{t fna[ M d "wk* a R wth INTI or NET R' d a y pn� �� p •p2a1 T.Y. FYEI'Ftsen d Ih{ IpapwtK' {aTpya tar �YpYd a14y{,s edY anent S peYn{rx M, rrlwe u sanpH r+7 ;ayment fern{ nu! n{�u' m • t3X mdr[ry nmsrt Relin ulshedB : /-s '19 DaleTime. -/�/G Z Sample Condition: Terr.p. (FI) On Ice Sealed �e7slliio Yes l NO Yes / No Laboratory Use Only 3 \� rid •I FedEx I UPS I LISPS I SJ\ DatdiSme: _Carrier Drop Box I Courier b'a:aEntr' OA Contact Phone Email Fax pate Time InlUala ContactPhone Email Fax Date Tima lrsbab Contact Phone Erne/ Fax Data Txne Inthals Contact Phone Email Fax Date Time Initials 4 version 1 A + A O u W W m m v W Y 41 A u W" u N+ W O N to N d0 N N N �l OJ g N A N u "I" N N O"" s -4 -� 0) J Or J A u .� N � 0 Q) �) 3 �I R(rT11-Rr1 Rrm1333 V) K� f/1 �s. (n �'K K'M I 9��� s,�--(-4-4� N N cgm�n p D Ia D OT n n TA n N m y N U7 [tt�nn f0 (Jl fn y N y- N (n V) !A 0 m v O O i�S V� 0 50 n �i O ifs 0� U (� g i0000000 � N f� f)02,0 d 3 i! .w n� T T (il m rn Y' T T Y' m m i^ m i m A m riL M T w T �+ w T M- T tf1 N N N T m� T ,or _l n (��• L}�• r}�• (7�- ('�• n (7�- n i! T T n M n T n S —MM-p 2 b m n M m 0 A O co 05 O L f Ely }^^}•' j_ O b O j^• O ,n• O w 7n- O �7 O 'n• O 6 b b 6 O b WIN C E•13 r0 10 10 N rA ro Or $� M 7 R l ; ill O Ell 3 r (,/J m -0 A a[ w :' Y I _ O i ?� N i 111 r 0 ]>y n Y I I X X X X X X Ix X X X X X X X X X X X X X X X X X X PLN _ - -- ..`shalt recent, long report, Paw Cpay TEM - AHERA, LevaIII. 740Z 150. H•, O"L Sam, query, Mr vac, W4,idrecr Preps PGa • 74UGA, 74M. OSHA • OUST - T,". RespraWe METALS - Malftsl RCRA B. TCLP. 14eMmp Fulr, Melaas Son m O '- - - OROIWICS.METH m _ Pamogaaa, AeroMc Plela Ccxry, Sanaonellt L rnn -1 0157 H7, LWarla, S.rrroua, CampnWbaclsr it u, m Hksabn D EsaY and it CoYorr�; ./- a OwMgcetrq 2 - _- - - Midoblal Growth: Aerobic Pt" Count IU. p r forY6 AF. rFaOurny"Lw N I Law"I'll a -A 0 QuayyVcrlvr ._.. _.__. ._ Olhw 13k*u w% M a E.mroreaeraal 'Mold. Spaa Trapar Buac •h or Ouwl,0ubcv SAMPLER'S INITIALS OR OTHER NOTES! 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Inc Effective January 1, 2015 Reservoirs Environmental OA Manual T1OAOC\Lab\Reservoirs Environmental OA ManuaLrloc AE� Reservoirs Envirvnmenta/, /nc_ T January 20, 2016 Nick Talocco LT Environmental, Inc. 4600 W. 60th Ave. Arvada CO 80003 Dear Customer, Laboratory Code: RES Subcontract Number: NA Laboratory Report: RES 340648-2 Project # / PO #: 0.061616002 Project Description: Ft. Collins Reservoirs Environmental, Inc. is an analytical laboratory accredited for the analysis of Industrial Hygiene and Environmental matrices by the American Industrial Hygiene Association, Lab ID 101533 -Accreditation Certificate #480. The laboratory is currently proficient in both IHPAT & ELPAT programs respectively. Reservoirs has analyzed the following sample(s) using Atomic Absorption Spectroscopy (AAS) / Atomic Emission Spectroscopy - Inductively Coupled Plasma (AES-ICP) per your request. Reported sample results were not blank corrected. The analysis has been completed in general accordance with the appropriate methodology as stated in the analysis table. Results have been sent to your office. RES 340648-2 is the job number assigned to this study. This report is considered highly confidential and the sole property of the customer. Reservoirs Environmental, Inc. will not discuss any part of this study with personnel other than those authorized by the client. The results described in this report only apply to the samples analyzed. This report shall not be reproduced except in full, without written approval from Reservoirs Environmental, Inc. Samples will be disposed of after sixty days unless longer storage is requested. If you should have any questions about this report, please feel free to call me at 303-964-1986. Sincerely, Jeanne Spencer President P. 303-964-1986 F 303-477-4275 5801 Logan Street, Suite 100 Denver, CO 80216 Page 1 of 2 1-866-RESI-ENV ~v.reilab. corn Reservoirs Environmental. Inc. Reservoirs Environmental QA Manual Effective January 1, 2015 T:\QAQC\Lab\Reservoirs Environmental QA Manual.coc TABLE RESERVOIRS ENVIRONMENTAL, INC. 5801 Logan St., Suite 100 Denver CO 80216 ANALYSIS: RES Job Number: Client: Client Project Number / P.O.: Client Project Description: Date Samples Received: Analysis Type: Turnaround: Date Samples Analyzed: LEAD IN BULK RES 340648-2 LT Environmental, Inc. 0.061616002 Ft. Collins January 15, 2016 USEPA SW846 3050B / AA (7420) 3-5 Day January 20, 2016 Client Lab Reporting LEAD ID Number ID Number Limit CONCENTRATION (mg/kg) (mg/kg) LEADOI-EPIC-01 EM 1557870 14.9 BRL LEAD02-EPIC-01 EM 1557871 10.5 56.7 LEAD03-EPIC-01 EM 1557872 28.1 BRL * Unless otherwise noted all quality control samples performed within specifications established by the laboratory. BRL = Below Reporting Limit Analyst / Data QA Renee A. Cortez P 303-964-1986 F 303-477-4275 5801 Logan Street. Suite 100 Denver, CO 80216 Page 2 of 2 14W&RESI-ENV w .reilab.com • Describe in words how you plan to manage the confirmed lead coating of the blue tile: Per pre -bid conference this is not due until award is madeACUC_' L'^4IhLUF-TAL1_ V4(L -. &--_ F. � .2cTt (r5c=.& tmu Zm al�a9 Contractor to ensure that dust will be kept to a minimum. o Contractor will be responsible to follow the City's Dust Prevention and Control Manual where applicable. Contractor to ensure a clean and safe work site at all times. Any damage caused to the building, parking lot, landscaping, etc. will be at the contractor's expense to repair the damaged area to existing, or better, conditions as before the damage was done. General contractor, and sub -contractors, will be required to park on Riverside Avenue. All OSHA regulations to be followed at all times. All construction work must adhere to the City of Fort Collins Design Standards at: o http:J)www.fcgov.com/opserv/design-standards.Dhp All final construction work must be ADA compliant. Coordination of pool deck slopes, etc, will be required. It is the contractor's responsibility to ensure that all pool deck slopes are ADA compliant and drain water from the deck. The City of Fort Collins will verify that the slopes do meet ADA. It will be the contractor's responsibility & expense to fix pool deck areas that are part of the contractor's scope of work. The contractor will match deck elevation to the back of bond beam around the perimeter of the pool. The City of Fort Collins will be raising specific drains to help accommodate for the adjustment of the deck slopes as part of this project. Deck slopes to meet new drain heights. Coordination will be required. Please reference the attached drawing showing the approximate height the drains will be raised. Coordination will be required to slope the deck properly to these drains to meet ADA requirements. deGk. These items FRust be flush with the top of the new tile. Per Addendum #1, this statement has been revised. The City of Fort Collins will coordinate with the awarded tile contractor to schedule the work to be done to raise the existing stanchion anchors by another contractor. It is recommended that the contractor confirm possible areas of existing puddling in order to ensure that these areas are fixed as part of the project. Addendum 1 Page 5 of 9 Due Date. Due Time: h �1� FiES 1_Am Reservoirs Erwirorsm�rst�/. y — S0:: LQ9a� 51 :n.a. C790:11il • p[ .CS 964 19M • FA, 3Z"'-w."S •Tdi Cr" tlZ p2S:.ENV After Hours Cell Phone: 720.339.9228 SI I9111aIT1rert OV• unrn,rr rn. tar r,rrrr,ra,-r. IrsC_ RES 340648 c°"°"r LT Environmental, Inc. _ Aeave, 4600 W. 4600 Ave. Arvada CO 80003 - - _— - "'°^" --- cam.¢ Nick Talocco °n"f 303-962-5542 Carol& - — f\R uupapa. -- _ • FK 3.03_-433-1432 720-326-0463 Nalaat Ka,ear frWar ►.O. fc -- Plgwoaaralpwauanwn. _. FtCollins 0.0618119002 Final Data t3atwmma Email Address: ASBESTOS LABORATORY HOURS: Weekdays:m 7am - 7pm d Sat Sam - 5 REQUESTED ANALYSIS VAUD MATRIX CODES TE LAB NOS• PLM I PCM 1 TEM _ RUSH {Same Day) _ PRIOP.frY (Ne)t Uay) y, $ ANDARD (3-5 Day) (Rush PCM = 2hr, TEN = 6hr.) e 5 s o E' a 06 �' K `;- t H v ! > !� p a '� $ y a .4 o I ' 2 F = 5 w ai Z a as o d = ' c - s w o 3 d F� a $ a v a g u v v '� 9 >` :j ,� r', a a n $ 11 S v 5$ 8` s MICROBIOLOGY _y O b m '- `o p d w s m Ale • A Hulk = B Dust = D Pami = P CHEMISTRY LABORATORY HOURS: Weekdays: Sam - 5 m - Bail = S Wipe. W Metalls I Dusr' RUSH 24 hr. 3.5 Da — y RCRA 8 1 Metals 6 Welding 'PAer ntatlftcatlon N Fums Scan I TCLP- — RUSH(3y)S0st0Dy re"wed rwdRaU."SN Organics _ 24 hr _ 3 day _5 Day Swab-- SW F=Food - -- - Water , D'N Waste Water a WW -- O = Other -ASTM ET7e2 aporoaw wale m.du o+N- MICROBIOLOGYLABORATORYHOURS:Weekda s: Sam-Spm m U r g r Date Time E a Collected Colleted n f a eaaavr eo.,av E.coli andlor ColHDrms' _ 24-48 Hour Other: Pathogens- _ 24-48 Hour 'TAT dependant on apepd or Microbial Growth- StC Day pe _ Lapionalls _ 10 Day Mold _ RUSH _24 Hr _48 Hr _3 Day _5 Day _ " umarounb emes establish a laboratory priority, subject to :ab"atory volume and are not ouarantead. Additional tees APPIV for aftemours. weekends and holidays'- EM Number fLab6ratdry use Orily) Special Instructions: Clientsample ID number (Sample lDsrwst7euk0ue) 1 SMOI-EPIC-01 X 2 SMOI-EPIC-02 X ig 1 3 SMOI-EPIC-03 X B 1 4 TS101-EPIC-01 X 5 _ TS101-EPIC-02 X g 1_ — 6 TS101-EPIC-03 X ;B 1 7 MISCOI-EPIC-01 X B 1 8 MISCOl-EPIC-02 X 9 MISCOI-EPIC-03 X g 1 10 SM02-EPIC-01 — X i B 1 — �..,,.n.�. �.—,y.,..r,wc..cu. .- ! 1 yvu,��.v aw„iy,a a.a,�Kui1cYV OVC4rN ,N,y :Y 111.1 NOTE: RVI M AMA" MCyl,lll9 Lmy.l W fee- Igpr1PAT,i plr W r,C. OF MpdIF,nM let MVf er pTIFI,Mf N CaY.,.pe40rJ r.1JM1l11a rryn Ilp WSy}ry el p, Yy� Cate a • ramr.'cony rs raa+un e b nlbrJlaa On try CNaYI d GunpdY anal m eaaMkal aan�ua apnemam rM MMNIe term. td NET X/ Csra, felae to aonmh «M1t' Cayment lernt m reIJF. in 1.5% Y �Pe9 � p a1Teel ^.r. I W'Yffpi d IM Ipep.,np afrnyiaa far •earalad aaalrNa /�/ �� 4 / ric^aYY+V.rot/rwl+ye. Relinquished EI /2 /� tT/�. YJ DarelTux -/C - /1, �( �z_ "pie Condition: On lee Sealed Inner Laboratory Use Only +l 7� rid/•I FedEx I UPS I USPS I Temp. (F•) Yes 1 No Yes I No es I No Received BY Y1. 1 l L �� S)\k \ `, DatelTfine: 1 �� ���J,.. _Cartier ✓ Droo Boc I Coutie� Phone Email Fax Time Inthals Phone Date Time 4-2014 version 1 A♦ + O W r0 W W m V W sA W N yy A W W Y N+ W W O w 00 N V M N N N a N W N N+ N N+++ O ■O de V ++ ® OI ! A � -I" W ! N+ n N m D 3 (Tr(n1 �Tr1mmr33 3rr.3�'���'i-+�3 ���tn y N N fA !!/ En (n N N to (A fA fn N N y y y (J1 to 63 r a O o 0 g o 0 0 n n n n 0 �'0 0 n n O A 0 n O 0 a iC7 0 n 0 a N io N o N 0 0 D o IV IJ m 3 c k m W iN i1 m rn V m V 7n V m I �1 m m �1 T Lgl T N'Cn M d T S M W m m m m'RI M M rn N I m 0 N m m Mcr M m ((7T'�vv I� �0 }^N••��V••vv �'Wvv• (N��•• }nnT•• 0 (M I� [M (}M '^Q• [M (��• O [}_��' O ii ICI Ci C] Ib 7 y'w 1 ib O O O O O O b W N O O O O O L7 b N W N O u N 3 1+ pro c � 1 M <_ ;C 4 I f I 0 �� t•� ( 3 W .3 JL s IN 01 tl m\\` X X X X X X X X X X X X X X X X X X X X: X X X X X PLM - GhW royal, Lwp r■Pwi Poe Gaml i TEN - AHERA. Level 11 7102 150, +/-, Ouant. Semir�aq, AAv va 1SO4ndww2Pfeps PCM - 7100A, 7100B, OSHA o DUST - Tar, Res"All y 7r( METALS - Analllelsl E'l d RCRA B. TCLP. Welcnp Fume, Metala Son m ORGANICS - METH m P@Ihopan@. Aerobic Plate Ceur. Sekn flk Lwh --4 0157 H7, L.,'.", S ate. CwigllAybodw N- w O OuasAk]tbn -- — - - - - Eeoll a■dM, Cwllan■a +7- w Ou r4mollno Z y — - - - -- — — - -------- r M7aoblal GmvdhAwobb Plate Court 10. Baawa N R a Y 6 At rl• a OuaryR"bon y 8 LeBlmd.. w w G"Kfsalbn IOlhw siaburtim LAL w Emeamw" -- �Mole'.Spa@TapwBLAL 41• or Ouwoftebw 1 i i -- -- SAMPLER'S INT11K0 OR OTHER NOTES+ sample Volume I �� (L) I MB] � y O7 W w m W w W m OD W m tD M{p W W W m 1 w m m w O) W W Matnr. Code m a ➢< A r !I— NCont]mers u .�i� y O D — G r 0 0 0 0 0 O,O 0 0 0 0 0 0 O'O 0 0 0 0 0 0 0 0 C3 o 01 ; ((�AA' 4 3 ['_fry ` ``finn t`wn [- tt��� - t[-T [- tt-n � — — eUn-_ tom]. S O Y4 -- - � % _�_NC_ M OI W m O T n Qi a a,m N �� �. r6— to Reservoirs Environmental, Inc Effectve January 1, 2015 Reservoirs Environmental OA Manual TiOA001-ablReservoirs Environmental OA ManuaLtloc RE� Reservoirs Environmental, Inc. T June 7, 2016 LT Environmental, Inc. 4600 W. 60th Ave. Arvada CO 80003 Dear Customer, Laboratory Code: Subcontract Number: Laboratory Report: Project # / PO #: Project Description: RES NA RES 351844-1 61616002 Epic Swim Center Reservoirs has analyzed the following sample(s) using Atomic Absorption Spectroscopy (AAS) / Atomic Emission Spectroscopy - Inductively Coupled Plasma (AES-ICP) per your request. Reported sample results were not blank corrected. The analysis has been completed in general accordance with the appropriate methodology as stated in the analysis table. Results have been sent to your office. RES 351844-1 is the job number assigned to this study. This report is considered highly confidential and the sole property of the customer. Reservoirs Environmental, Inc. will not discuss any part of this study with personnel other than those authorized by the client. The results described in this report only apply to the samples analyzed. This report shall not be reproduced except in full, without written approval from Reservoirs Environmental, Inc. Samples will be disposed of after sixty days unless longer storage is requested. If you should have any questions about this report, please feel free to call me at 303-964-1986. Sincerely, Jeanne Spencer President BRL = Below Reporting Limit P303-964-1986 F 303-477-4275 5801 Logan Street, Suite 100 Denver, CO 80216 Page 1 of 2 1-866-RESI-ENV voxw.reilab.corn Reservoirs Environmental. Inc. Reservoirs Environmental OA Manual Effective January 1, 2015 T90AOCiLab`Reservoirs Environmental OA Manual.tloc TABLE RESERVOIRS ENVIRONMENTAL, INC. 5801 Logan St., Suite 100 Denver CO 80216 ANALYSIS: RES Job Number: Client: Client Project Number / P.O.: Client Project Description: Date Samples Received: Analysis Type: Turnaround: Date Samples Analyzed: LEAD VIA TCLP EXTRACTION RES 351844-1 LT Environmental, Inc. 61616002 Epic Swim Center June 2, 2016 USEPA SW846 1311 / 3010A / AA (7420) 3 Day June 7, 2016 Client Lab Reporting LEAD ID Number ID Number Limit CONCENTRATION (mg/L) (mg/L) 061616002-TCLP-1 EM 1641367 0.25 BRL * Unless otherwise noted all quality control samples performed within specifications established by the laboratory. BRL = Below Reporting Limit Analyst / Data QA- Renee A. Cortez P. 303-964-1986 F 303�77-4275 5801 Logan Street, Suite 100 Denver, CO 80216 Page 2 of 2 1-866-RESI-ENV �.reilab corn t.l'1/►4 Due Date: Due Time: ✓ �/IL "® /4B3earV0%r5 Eriviror;rrrier"ita/. /sic_ %01 Loam St Donor. CO Mj,' In • Ph3n3 w4.198e • Fas 30:LM`1275 . Toll Fl e M REST-Etry Pager 30Y509.20g11 INVOICE TO: IF DIFFERENT CONTACT IN cmxad� as_. A Du.O d ❑.i LC �'. "see" s1r3�63`sS�f3 -- — Fir _ _ _. ___--_ _ _. _.. FYld told• Oeylsa0la6eMAtWra -- — 5� -- — ,old P�GaVn' . •.,• N a •c" ASBESTOS LABORATORY HOURS: Weekdays: 7am • 7 m RE9TED ANALYSIS PLM I PCM I TEM _ RUSH (Same Day) _ PRIORITY (Nest Day) _STANDARD (Rush PCM a 2hr. TEM a 8hr.) CHEMISTRY LABORATORY HOURS: Weekda dam - 5 m Metal(s) I Oust _ RUSH _ 24 ter. _3-5 Day "Prior Is _ l� ed for RUS10oH RCRA 8 I Metals 8 Welding :�' RUSH n0 �Y required tw RuSR 5 day _ r � a _ Fun" Scary I TCLP _� tYnNfWlyda.� ` Organics __ 24 hr. _ 3 day _5 Day _ ' MICROBIOLOGY LABORATORY HOURS: Weekdays: Sam • 8 m E.coli 0157:H7, Coliforms, S.aureus _ 24 hr. _2 Day _3-5 Day Salmonella, Listsria, E.coli, APC. Y & M ,_ 48 Hr. _35 Dayair Mold RUSH 24 Hr _48 Hr _3 Day _5 Day } 7i s : '9 I a a i a 6 a ...: u�na.uund d,ma asUlrudi n raeararery p.brly, u0*0 r,,,orar V vowm. and are nor quarentwd. Additional isoy a,py for .narrows.+ konds and holiday •' I<q1� Z r. i e{ ` b �!$ ■ Y : . I a Special Instructions: Client sample ID number � t6.l�,00t- 2 3 _ Number of samples neclihed: _ I RES 351844 Air nA _ Bulk Dust -D Palm P CIS ,1TP0 e Wl -- Svrah = SW _ F e FOod _ Ring Water a DW Waft WSW _• WIN _ O = Other \STM E1792 approved wPe madly only— m 4 6 EM Ntmtbar N a Date Time tlas OMy) Collected Collected (Addltional samples shall be listed on attached long term.) —y -.. — dre, Yre 61s, laI erns dr onePme nrakWe asar..Air'Iron a,onn,:.urary nl engyxlWe. 9y aellYrg.Awndra+mWnY rglraYlxaeve agn,un earl.uWronaon of dre Idk.enq ranFMa Ma ruqueatM wlyela w .rAu.bd nn yw Cfu.n a rabdy day MrrseNe nn slrytyefat seYldas 4�n+d+'r01 WY^r.rd Ierrte W NET 3P days, lae.e b rcrrtpN.rn paymad iwn/e may rY1a1 n • 1. nba.t aur�upa in ulshed B : / -� - - ``^� 1 D frill: E < Z �� ` ,� Sample Condition: On Ice Sealed ft )orat0 Use a, �•/r, 'r- i I y .' 1'i Can"c -. �'r. i TemP (F') Yes 1 No Yes / No � Year No eived B ' i ti , ' i Date/Time: uss: Contact Phone Ev{'+il Fax .Date Time inims Contact Phone Email Fax Date Time Ini ials Contact Phone Email Fax Date Time Inldals lContact Plxtne Email Fax Dale Time Initials 7-2011 version 1 qY r1 iYe.,'iuY r Y R.. '11uY�+4 rt M1'Rm"iVX .. "�mf R'no AM ate f YiYAitartsCtlm*rtgrfsriifia4uHir;fr = reosi Dftoc A Rfr mrffpi mf p•NF~ittn tl,d rlaiYi{n"' \Y make#I ` .Ynilree. ' Y I[Yltlm �e m•Yi■Fin mf YYriF\ mollexta\if ifRfAkr!— if rtliYPR Ff{fiett' \FifffiN? ltlfirf\Y: IFYr[Ai\. i[fmcfrir-' ' IE^00 so - 0 00 00 05 SrOr r00r r/ NINON r0 -rrrr rr r;a�r /0 rrrr 00.00 - 00 eWM �uvM AA mMi, hu'Mxnu�J u .rpw�nyxr' m., m m-. m.. m-+ m» m•v NOT USE USE / USE DRAWING DATED 6/23/2017 //' r- •. T T T T I III I I I I I I i I I I I I I I I _I Iri 1 1 1 1 1 1 1 1 1° - • { �I® rJ I i • _ - m 0 m Y va„a 'wr✓, v,..i-ems •': r. :.�..., p..u'wm�... 77 As of January 2012, the City of Fort Collins requires that the following materials be recycled at all new construction sites within city limits: wood, metals, cardboard, and aggregates (including concrete, asphalt, ceramics and brick). Project managers can either hire one full -service hauler to collect all trash and recyclables or may choose to haul materials themselves to a recycling specialist company. Resources for either option are listed below. Updated information is also posted at fcgov.com/recycling — look for "Who Recycles What" in the side menu, then click on the listings for "construction and demolition debris." City of Fort Collins Environmental Services staff is available to provide communication materials for recycling at your job site or answer any questions you may have at 970-221-6288 or cmitchell@fcgovcom. wi-service construction waste Reeveling Companies Benson's RollOff, 6885 Lowell Blvd., Denver, 303-650-6312, bensonrolloff.com. Will collect trash and recyclables, including wood, metals, cardboard, and aggregates. Gallegos Sanitation, P.O. Box 1986, Fort Collins, 970-484-5556, gsiwaste.com. Will collect trash and recyclables, including wood, metals, cardboard, aggregates, yard waste, electronics, and food waste. Will help design comprehensive construction waste recycling program and haul all recyclables. Programs geared towards diverting maximum volume of construction waste. Heimbuck Disposal, P.O. Box 270310, Fort Collins, 970-472-1823. heimbuckdisposal.com. Will collect trash and recyclables, including wood, metals, cardboard, and aggregates. Home Builder Services, 3031 Hwy. 119, Longmont, 303-651-5700, cfshbs.com/dumpster/about-us.php. Will collect trash and recyclables, including wood, metals, cardboard, and aggregates. Mike's Hauling, PO Box 7634, Loveland, 970-613-9642, mikeshaulingandcleanup.com. Will collect trash and recyclables, including wood, metals, cardboard, and aggregates. Waste -Not Recycling, 1065 Poplar St., Loveland, 970-669-9912 or 800-584-9912, waste-not.com. Will collect trash and recyclables, including wood, metals, cardboard, aggregates and more. Will help design comprehensive construction waste recycling program and haul all recyclables. Programs geared towards diverting maximum volume of construction waste. Waste Management of Northern Colorado, 40950 Weld County Rd. 25, Ault, 970-674-2500, wm.com. Will collect trash and recyclables, including wood, metals, cardboard, and aggregates. City of Fort Collins Streets Dept., 1380 Hoffman Mill Rd., Fort Collins, 970-482-1249, fcgov.com/streets/crushing.php. Receives dropped -off materials only. Accepts asphalt (clean, broken, or milled), brick, cement, cinder blocks, pit run (clean dirt and rock mix), rocks, etc. at no charge. Materials are ground up and used in road base. Fort Collins Servkes Page 1 of 2 Ca drCa boar11 City of Fort Collins Recycling Drop-off, 1702 Riverside Dr., Fort Collins, 970-221-6600, fcgov.com/recycling/dropoff.php. Receives dropped -off materials only. Accepts flattened cardboard, packing paper, office paper and shredded paper at no charge. Open seven days a week during daylight hours. Colorado Iron & Metal, 903 E. Buckingham St., Fort Collins, 970-482-7707, coloradoironmetal.com. Receives dropped - off materials and may collect materials as well. Accepts scrap metal and cardboard. Green Girl, P.O. Box 324, Jamestown, 303-442-7535. Will collect cardboard for recycling. Larimer County Landfill, 5887 S. Taft Hill Rd., Fort Collins, 970-498-5760, larimer.org/solidwaste. Receives dropped - off materials only. The recycling facility pays for large, clean loads of cardboard, and also offers drop-off recycling for smaller amounts of cardboard at no charge. Note: scrap metals include a wide variety of materials, including appliances, pipes, iron, and structural steel. Metals accepted usually include lead, copper, brass, stainless steel, scrap steel, structural steel, steel pipes, and cast iron. Aragon Iron & Metal, 516 N. Highway 287, Fort Collins, 970-484-2577, aragonironandmetal.com. Receives dropped -off materials and may collect materials as well. Accepts scrap metal and batteries. May pay for some metals. Colorado Iron & Metal, 903 E. Buckingham St., Fort Collins, 970-482-7707, coloradoironmetal.com. Receives dropped - off materials and may collect materials as well. Accepts scrap metal and cardboard. May pay for some metals. RMB Recycling Center, 1475 N. College Ave., Fort Collins, 970-484-5384, rmbrecycling.com. Receives dropped -off materials and may collect materials as well. Accepts scrap metal, batteries, and wood pallets. May pay for some metals. Note: wood waste includes scrap lumber, crates, shake shingles, saw dust, tree branches and other yard waste. Al Organics, 16350 WCR 76, Eaton, 970-454-3492, alorganics.com. Receives dropped -off materials only. Accepts wood waste, yard waste and food waste. Fee charged per cubic yard of material. Hageman Earth Cycle, Inc, 3501 E Prospect Rd., Fort Collins, 970-221-7173, hagemanearthcycle.com. Receives dropped -off materials only. Accepts wood waste and yard waste. Fee charged per cubic yard of material. Uncle Benny's Building Supplies, 1815 S. County Rd. 13C, Loveland, 970-593-1667. Receives dropped -off materials only. Accepts lumber, windows, doors, plumbing fixtures, countertops, cabinets etc. May pay for some materials. Habitat for Humanity, 4001 S. Taft Hill Rd., Fort Collins, 970-223-9909, habitatstore.org. Receives dropped -off materials only. Accepts donations of building materials (new and used), lighting fixtures, large appliances less than 10 years old, furniture, automobiles, etc. Please call before making your donation. All proceeds from home store sales go to building Habitat homes. National Center for Craftsmanship, 1414 Blue Spruce, Unit B, Fort Collins, 970-215-4587, nccraftsmanship.org. Complete or partial deconstruction of buildings for recycling, reuse, diversion up to 90% by weight. Program provides tax incentives / credits and LEED points for qualified owners & projects. Uncle Benny's Building Supplies, 1815 S. County Rd. 13C, Loveland, 970-593-1667. Receives dropped -off materials only. Accepts lumber, windows, doors, plumbing fixtures, countertops, cabinets etc. May pay for some materials. Page 2 of 2 Rev 2114 City of Community Development & Neighborhood Services Fort Collins 281 N. College Ave. Fort Collins, CO 80522; Voice: 970-221-6760 FAX:970-224-6134 CONSTRUCTION WASTE MANAGEMENT PLAN and DOCUMENTATION Note: Environmental Services staff is able to assist with questions about getting a recycle program implemented, and will also provide education and site visits upon request (call Caroline Mitchell at (970) 221-6288). PROJECT INFORMATION Address Date Permit No General Contractor & Contact Info: Required Documentation4: Provide signed documentation from the hauling company that the volumes & weights listed above are accurate. If you hauled the materials yourself, attach tickets from locations receiving the recyclables. Documentation is required in order to receive final project approval from the City. I and my City -licensed hauler certify that the above materials from my construction site were recycled in the volume / weight described and were taken to the facilities described. Signature (Contractor or Owner) Signature (Licensed Hauler) Date Date 'At minimum, the four listed materials must be recycled. Enter vendor name and phone number. If the applicant will haul the material themselves, state such. 'Where will applicant or vendor take the material for recycling? Enter facility name and address. 4 To be completed at the end of the project. Please re -submit this form at end of project with these sections completed. Rev 1/I5/14 Coordination will be required between the therapy pool work and the pool deck tile replacement. - Contractor to fill out owner provided Waste Management Plan Form. Please reference the specifications for this form. Contractor will not receive final payment until this has been provided, filled out with back-up. ALL recyclable goods are required to be recycled. This includes, but is not limited to, cardboard, wood, concrete, dirt, metal, etc. Coordination of dumpster locations to be coordinated with the City of Fort Collins at pre - con. meeting. Contractor will be required to provide their own portable toilets. The toilets will only be allowed in the south parking lot located across Riverside Avenue to the south of the building site. Contractor will be required to coordinate all special inspections with the City of Fort Collins third party inspector. Contact information will be provided to the contractor prior to work beginning. The City of Fort Collins has smoking restrictions in certain areas. Smoking on the premises is prohibited. If smoking is necessary, employees can smoke in their personal vehicles. Please go to: fcoov.com/smokefree for more information. Pre -con. meeting to be held onsite and will be run by the contractor. Contractor will be required to coordinate all manufacturer inspections that are required prior to the installation of products. All finishes to be submitted on and approved by the design team and the City of Fort Collins. Please reference the attached plans and specs. for further detail. It is the contractor's choice on whether to replace the entire depth marker or to remove the existing dark blue and place the new Sea Spec. D372 around the existing numbers. All depth markers to remain in the same location as is on the pool deck including any additional signs, tiles, foot markings, & inch markings. Contractor must provide a written scope of work on how the depth markers will be fixed, to the City of Fort Collins prior to ordering material. 9. BID SCHEDULE (Base Bid) LUMP SUM In Words• — S Add/Alternates: Schedule of Alternates Alternate No. 1: Provide a square foot cost to prepare and install 1"x1" tile as needed if any additional tile will need to be replaced. s.f. cost S�t2�l`j Addendum 1 Page 6 of 9 I CONTENTS 1.0 Introduction 1.1 Title 1.2 Purpose of Manual 1.3 Applicability 1.4 Definitions 2.0 Fugitive Dust and the Problems it Causes 2.1 What is Fugitive Dust, Generally? 2.2 Why is the City Addressing Fugitive Dust? 2.3 Health and Environmental Effects 2.4 Nuisance and Aesthetics 2.5 Safety Hazard and Visibility 3.0 Best Management Practices 3.1 Earthmoving Activities 3.2 Demolition and Renovation 3.3 Stockpiles 3.4 StreetSweeping 3.5 Track -out / Carry -out 3.6 Bulk Materials Transport 3.7 Unpaved Roads and Haul Roads 3.8 Parking Lots 3.9 Open Areas and Vacant Lots 3.10 Saw Cutting and Grinding 3.11 Abrasive Blasting 3.12 Mechanical Blowing 4.0 Dust Control Plan for Land Development Greater Than Five Acres 5.0 Resources 5.1 Cross Reference to Codes, Standards, Regulations, and Policies 5.2 City of Fort Collins Manuals and Policies 5.3 References for Dust Control 1 1 1 1 2 5 5 5 6 6 6 7 8 10 12 14 15 16 18 20 22 24 26 28 30 34 34 37 37 Page 1.0 Introduction 1.1 Title The contents of this document shall be known as the Dust Prevention and Control Manual ("the Manual"). 1.2 Purpose of Manual The purpose of the Manual is to establish minimum requirements consistent with nationally recognized best management practices for controlling fugitive dust emissions and to describe applicable best management practices to prevent, minimize, and mitigate off -property transport or off -vehicle transport of fugitive dust emissions for specific dust generating activities and sources. 1.3 Applicability This Manual applies to any person who conducts, or is an owner or operator of, a dust generating activity or source, as described in this Manual, within the City of Fort Collins. Page 1 1.4 Definitions Abrasive blasting shall mean a process to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Additional best management prartice shall mean using at least one additional measure if the required best management practices are ineffective at preventing off -property transport of particulate matter. shall mean when applicable, any measure that is required, e.g., a dust control plan when project sites are over 5 acres in size. Best tnanagen►ent practice shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air. Bulk mater-ials transport shall mean the carrying, moving, or conveying of loose materials including, but not limited to, earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate, dirt, mud, construction or demolition debris, and other organic or inorganic material containing particulate matter onto a public road or right-of-way in an unenclosed trailer, truck bed, bin, or other container. Chemical stabilization shall mean the application of chemicals used to bind soil particles or increase soil moisture content, including, but not limited to, dust suppressants, palliatives, tackifiers, surfactants, and soil stabilizers. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant - based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. shall mean the Fort Collins City Code, as amended from time to time. i,r._r, ,!:t,'Gi'3, ;�'ir. shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air, including but not limited to the best management practices identified in this Manual. Oust generating activity or• source shall mean a process, operation, action, or land use that creates emissions of fugitive dust or causes off -property or off -vehicle transport. Dust generating activity or source shall include a paved parking lot containing an area of more than one half (1/2) acre. Earthmoving shall mean any process that involves land clearing, disturbing soil surfaces, or moving, loading, or handling of earth, dirt, soil, sand, aggregate, or similar materials. Fugitive dusr shall mean solid particulate matter emitted into the air by mechanical processes or natural forces but is not emitted through a stack, chimney, or vent Page 2 Local wind speed shall mean the current or forecasted wind speed for the Fort Collins area as measured at the surface weather observation station KFNL located at the Fort Collins Loveland Municipal Airport or at Colorado State University's Fort Collins or Christman Field weather stations or as measured onsite with a portable or hand-held anemometer. The City will use anemometers whenever practicable. Shall mean the speed limit on public rights -of -way adopted by the City pursuant to Fort Collins Traffic Code adopted pursuant to City Code Section 28-16 For private roadways, a speed limit shall be established as appropriate to minimize off -site transportation of. Mechanical blower shall mean any portable machine powered with an internal combustion or electric -powered engine used to blow leaves, clippings, dirt or other debris off sidewalks, driveways, lawns, medians, and other surfaces including, but not limited to, hand-held, back- pack and walk -behind units, as well as blower - vacuum units. Off -property transport shall mean the visible emission of fugitive dust beyond the property line of the property on which the emission originates or the project boundary when the emission originates in the public right-of-way or on public property. Off -vehicle transport shall mean the visible emission of fugitive dust from a vehicle that is transporting dust generating materials on a public road or right-of-way. On -tool local exhoust ventilation shall mean a vacuum dust collection system attached to a construction tool that includes a dust collector (hood or shroud), tubing, vacuum, and a high efficiency particulate air (HEPA) filter. shall mean the operation of nozzles or sprayers attached to a construction tool that continuously apply water or other liquid to the grinding or cutting area by a pressurized container or other water source. (. shall mean any area of undeveloped land greater than one-half acre that contains less than 70 percent vegetation. This includes undeveloped lots, vacant or idle lots, natural areas, parks, or other non-agricultural areas. Recreational and multi -use trails maintained by the City are not included as an open area. Operator or owner shall mean any person who has control over a dust generating source either by operating, supervising, controlling, or maintaining ownership of the activity or source including, but not limited to, a contractor, lessee, or other responsible party of an activity, operation, or land use that is a dust generating activity or source. Particulate matte; shall mean any material that is emitted into the air as finely divided solid or liquid particles, other than uncombined water, and includes dust, smoke, soot, fumes, aerosols and mists. Required best rnanagement practices shall mean specific measures that are required to be implemented if a dust generating activity is occurring. . I shall mean a specific area that warrants special protection from adverse impacts due to the deposition of fugitive dust, such as natural areas (excluding buffer zones), sources of water supply, wetlands, critical wildlife habitat, or wild and scenic river corridors. Soil retention shall mean the stabilization of disturbed surface areas that will remain exposed and inactive for 30 days or more or while vegetation is being established using mulch, compost, soil mats, or other methods. Page 3 shall mean any accumulation of bulk materials that contain particulate matter being stored for future use or disposal. This includes backfill materials and storage piles for soil, sand, dirt, mulch, aggregate, straw, chaff, or other materials that produce dust. Storm clrnino,ge forilitY shall mean those improvements designed, constructed or used to convey or control stormwater runoff and to remove pollutants from stormwater runoff after precipitation. Sur frrce roughening shall mean to modify the soil surface to resist wind action and reduce dust emissions from wind erosion by creating grooves, depressions, ridges or furrows perpendicular to the predominant wind direction using tilling, ripping, discing, or other method. shall mean the installation of a temporary cover material on top of disturbed soil surfaces or stockpiles, such as tarps, plastic sheeting, netting, mulch, wood chips, gravel or other materials capable of preventing wind erosion. <1: 1 -n; shall mean the carrying of mud, dirt, soil, or debris on vehicle wheels, sides, or undercarriages from a private, commercial, or industrial site onto a public road or right-of- way. shall mean the planting or seeding of appropriate grasses, plants, bushes, or trees to hold soil or to create a wind break. All seeded areas must be mulched, and the mulch should be adequately crimped and or tackified. If hydro -seeding is conducted, mulching must be conducted as a separate, second operation. All planted areas must be mulched within twenty- four (24) hours after planting. Wet. suppression shall mean the application of water by spraying, sprinkling, or misting to maintain optimal moisture content or to form a crust in dust generating materials and applied at a rate that prevents runoff from entering any public right-of-way, storm drainage facility or watercourse. shall mean an obstruction at least five feet high erected to assist in preventing the blowing of fugitive dust, comprised of a solid board fence, chain link and fabric fence, vertical wooden slats, hay bales, earth berm, bushes, trees, or other materials installed perpendicular to the predominant wind direction or upwind of an adjacent residential, commercial, industrial, or sensitive area that would be negatively impacted by fugitive dust. Page 4 2.0 Fugitive Dust and the Problems it Causes 2.1 What is Fugitive Dust, Generally? Dust, also known as particulate matter, is made up of solid particles in the air that consist primarily of dirt and soil but can also contain ash, soot, salts, pollen, heavy metals, asbestos, pesticides, and other materials. "Fugitive" dust means particulate matter that has become airborne by wind or human activities and has not been emitted from a stack, chimney, or vent. The Colorado Department of Public Health and Environment (CDPHE) estimates that more than 4,300 tons of particulate matter are emitted into the air in Larimer County annually. The primary sources of this particulate matter include construction activities, paved and unpaved roads, and agricultural operations. The quantity of dust emitted from a particular activity or area and the materials in it can depend on the soil type (sand, clay, silt), moisture content (dry or damp), local wind speed, and the current or past uses of the site (industrial, farming, construction). 2.2 Why is the City Addressing Fugitive Dust? Colorado state air regulations and Larimer County air quality standards generally require owners and operators of dust generating activities or sources to use all available and practical methods that are technologically feasible and economically reasonable in order to prevent fugitive dust emissions. However, state regulations and permitting requirements typically apply to larger stationary sources rather than to activities that generate dust. Larimer County fugitive dust standards apply only to land development. Although state and county requirements apply to many construction activities, they do not address many sources of dust emissions. Fort Collins is experiencing rapid growth and development that has contributed to local man-made dust emissions. Page 5 2.3 Health and Environmental Effects Dust particles are very small and can be easily inhaled. They can enter the respiratory system and increase susceptibility to respiratory infections, and aggravate cardio-pulmonary disease. Even short-term exposure to dust can cause wheezing, asthma attacks and allergic reactions, and may cause increases in hospital admissions and emergency department visits for heart and lung related diseases. Fugitive dust emissions can cause significant environmental impacts as well as health effects. When dust from wind erosion or human activity deposits out of the air, it may impact vegetation, adversely affect nearby soils and waterways, and cause damage to cultural resources. Wind erosion can result in the loss of valuable top soil, reduce crop yields, and stunt plant growth. According to the Environmental Protection Agency (EPA), studies have linked particulate matter exposure to health problems and environmental impacts such as: -Health Impacts: o Irritation of the airways, coughing, and difficulty breathing o Reduced lung function and lung cancer o Aggravated asthma and chronic bronchitis o Irregular heartbeat and increases in heart attacks *Environmental Impacts: o Haze and reduced visibility o Reduced levels of nutrients in soil 2.4 Nuisance and Aesthetics Dust, dirt and debris that become airborne eventually settle back down to the surface. How far it travels and where it gets deposited depends on the size and type of the particles as well as wind speed and direction. When this material settles, it can be deposited on homes, cars, lawns, pools and ponds, and other property. The small particles can get trapped in machinery and electronics causing abrasion, corrosion, and malfunctions. The deposited dust can damage painted surfaces, clog filtration systems, stain materials and cause other expensive clean-up projects. 2.5 Safety Hazard and Visibility Blowing dust can be a safety hazard at construction sites and on roads and highways. Dust can obstruct visibility and can cause accidents between vehicles and bikes, pedestrians, or site workers. Dust plumes can also decrease visibility across a natural area or scenic vistas. The "brown cloud", often visible along the Front Range during the winter months, and the brilliant red sunsets that occur are often caused by particulate matter and other pollutants in the air. Page 6 3.0 Best Management Practices This Manual describes established best management practices for controlling dust emissions that are practical and used in common practice to prevent or mitigate impacts to air quality from dust generating activities and sources occurring within Fort Collins. The objective of the dust control measures included in this Manual are to reduce dust emissions from human activities and to prevent those emissions from impacting others and are based on the following principles: 'rc, � 11— avoid creating dust emissions through good project planning and modifying or replacing dust generating activities. — reduce dust emissions with methods that capture, collect, or contain emissions. 'Ur ,,;,,,. — when preventing fugitive dust or minimizing the impacts are not feasible, the Manual provides specific measures to mitigate dust. More specifically, the Manual establishes the following procedures for each dust generating activity outlined in this Chapter: 1. Required Best Management Practices — this section includes the specific measures that are required to be implemented if the dust generating activity is occurring. For example, high wind restrictions (temporarily halting work when wind speeds exceed 30 mph) are required best management practices for earthmoving, demolition/renovation, saw cutting or grind, abrasive blasting, and leaf blowing. 2. Additional Best Management Practices —this section includes additional measures if the required best management practices are ineffective at preventing off -property transport of particulate matter. At least one of the additional best management practices outlined in the Manual must be implemented on the site to be in compliance with the Manual. 3. Additional Requirements — When applicable, additional measures are also required, e.g., a dust control plan when project sites are over 5 acres in size. Page 7 _c _. -� _ "�RR•_•st��FY'f.4laelSt'� _ - _ _ Above: This figure illustrates earthmoving, which is an activity that can generate dust. Dust emissions from earthmoving activities depend on the type and extent of activity being conducted, the amount of exposed surface area, wind conditions, and soil type and moisture content, including: • Site preparation (clearing, grubbing, scraping) • Road construction • Grading and overlot grading • Excavating, trenching, backfilling and compacting • Loading and unloading dirt, soil, gravel, or other earth materials • Dumping of dirt, soil, gravel, or other earth materials into trucks, piles, or receptacles • Screening of dirt, soil, gravel, or other earth materials (a) Required Best Management Practices: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Minimize disturbed area: plan the project or activity so that the minimum amount of disturbed soil or surface area is exposed to wind or vehicle traffic at any one time. (ii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate to mitigate off -property transport of dust entrained by vehicles. (iii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (iv) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (v) Restrict access: restrict access to the work area to only authorized vehicles and personnel. Page 8 CONTRACT DOCUMENTS TABLE OF CONTENTS BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Major Subcontractors CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 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 CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications. and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS DRAWINGS Alternate No. 2: Provide a lump sum deduct cost for labor only on the installation of the deck tile/bullnose tile ("Main Floor" and "Band 5" the type as specified on drawing) on the north and east sides of the therapy pool. All other work to be done as specified on the drawings and in the specifications. Therapy pool deck tile material is included as part of the Base Bid. i' $ lump sum ADDIALTERNATES: AWARD OF THE CONTRACT IS BASED ON THE BASE BID OR AT THE CITY'S SOLE OPTION IN THE EVENT THE CITY ELECTS TO INCLUDE ANY OF THE ALTERNATES LISTED ABOVE TO THE LOWEST QUALIFIED RESPONSIVE AND RESPONSIBLE BIDDER BASED ON THE CUMULATIVE TOTAL OF THE BASE BID AND ALL SELECTED ALTERNATES. 10. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, abatement, disposal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: DS Constructors LLC. CONTRACTOR IJC-1-'ft�l�7lM Title Q-f«r License Number (If Applicable) (Sea[ - if Bid is by corporation) KATHLEEN M BUD. NOTARY PUBLIC STATE OF COLORAU. NOTARY ID 20164032. "COMMISSION EXPIRES Addendum 1 Address 3780 North Garfield Ave., Suite 101 Loveland, CO 80538 Telephone 970-635-3534 Email Mdennev@dsconstructors.com Page 7 of 9 (b) Additional Best Management Practices: In the event 3.1(a)(i)-(v) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to disturbed soil surfaces, backfill materials, screenings, and other dust generating operations as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, stormwater drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (iii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iv) Surface roughening: stabilize an active construction area during periods of inactivity or when vegetation cannot be immediately established. (v) Synthetic or natural cover: install cover materials during periods of inactivity and properly anchor the cover. (vi) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established. (vii) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (c) Additional requirements: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source at a construction site or land development project with a total disturbed surface area equal to or greater than five (5) acres also shall implement the following measures: (i) Dust Control Plan: submit a plan that describes all potential sources of fugitive dust and methods that will be employed to control dust emissions with the development construction permit application or development review application (see Chapter 4 of this Manual). A copy of the Dust Control Plan must be onsite at all times and one copy must be provided to all contractors and operators engaged in dust generating activities at the site. (ii) Construction sequencing: include sequencing or phasing in the project plan to minimize the amount of disturbed area at any one time. Sites with greater than 25 acres of disturbed surface exposed at any one time may be asked to provide additional justification, revise the sequencing plan, or include additional best management practices. Page 9 3.2 Demolition and Renovation Above: This photo illustrates restricting access (a mandatory measure) and a wind barrier (an engineering control) for demolition and renovation activities. Dust generated from demolition activities may contain significant levels of silica, lead, asbestos, and particulate matter. Inhalation of silica and asbestos is known to cause lung cancer, and exposure to even small quantities of lead dust can result in harm to children and the unborn. In addition to complying with the dust control measures below, any person engaged in demolition or renovation projects must comply with applicable state and federal regulations for asbestos and lead containing materials and notification and inspection requirements under the State of Colorado Air Quality Control Commission's Regulation No. 8, Part B Control of Hazardous Air pollutants. I�r:':?'(.'f! (a) Required Best Management Practices: Any person, owner, or operator who conducts demolition or renovation that is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Asbestos and lead containing materials: demolition and renovation activities that involve asbestos or lead containing materials must be conducted in accordance with Code Chapter 5 Sec. 5-27 (59) §3602.1.1; (ii) Restrict access: restrict access to the demolition area to only authorized vehicles and personnel; (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport; and (iv) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. Page 10 (b) Additional Best Management Practices: In the event 3.2(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to demolished materials or pre -wet materials to be demolished as necessary. Prevent water used for dust control from entering any public right-of- way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers to demolished materials or materials to be demolished using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Wind barrier: construct a fence or other type of wind barrier to prevent onsite dust generating materials from blowing offsite. (c) Additional requirements: (i) Building permit compliance: comply with all conditions and requirements under any building required pursuant to the Code and/or the Land Use Code. Above: This photo illustrates reducing drop height, a mandatory measure. Page 11 3.3 Stockpiles Above: This photo illustrates wet suppression, an engineering control for stockpiles. Stockpiles are used for both temporary and long-term storage of soil, fill dirt, sand, aggregate, woodchips, mulch, asphalt and other industrial feedstock, construction and landscaping materials. Fugitive dust can be emitted from stockpiles while working the active face of the pile or when wind blows across the pile. The quantity of emissions depends on pile height and exposure to wind, moisture content and particle size of the pile material, surface roughness of the pile, and frequency of pile disturbance. I l s' .,i_!t i'Ijt,'ii£ ?it (!i (Ii f h E'1 1 (1 (r!r' i o1 (a) Required Best Management Practices: Any owner or operator of a stockpile that is a dust generating activity or source shall implement the following best management practices to prevent off property transport of fugitive dust emissions: (i) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.3(a)(i) is ineffective to prevent off -property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: Apply water to the active face when working the pile or to the entire pile during periods of inactivity. Prevent water used for dust control from entering any public right- of-way, storm drainage facility, or watercourse. (ii) Synthetic or natural cover: install cover materials during periods of inactivity and anchor the cover. Page 12 (iii) Surface roughening: stabilize a stockpile during periods of inactivity or when vegetation cannot be immediately established. (iv) Stockpile location: locate stockpile at a distance equal to ten times the pile height from property boundaries that abut residential areas. (v) Vegetation: seed and mulch any stockpile that will remain inactive for 30 days or more. (vi) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (vii) Enclosure: construct a three -sided structure equal to or greater than the height of the pile to shelter the pile from the predominant winds. (c) Additional requirements: (i) Stockpile permit compliance: comply with all conditions and requirements under any stockpile permit required under the Code or the r Land Use Code. (ii) Erosion control plan compliance: implement and comply with all conditions and requirements in Section §26-500 "Fort Collins Storm Criteria"; specifically, Volume 3 Chapter 7 "Construction BMPs". The criteria requirement may require the use of Erosion Control Materials, soil stockpile height limit of ten feet, watering, surface roughening, vegetation, silt fence and other control measures as contained in that chapter. Left: This picture illustrates one of the additional best management practices for stockpiles — to use a synthetic cover. Page 13 3.4 Street Sweeping Left: This figure illustrates the use of a wet suppression and vacuum system, an additional best management practice for street sweeping. Street sweeping is an effective method for removing dirt and debris from streets and preventing it from entering storm drains or becoming airborne. Regenerative air sweepers and mechanical sweepers with water spray can also be effective at removing particulate matter from hard surfaces. i"csI I;f P)'ncfit'<,.t' d« 1'o;;I? ul Ow; (a) Required Best Management Practices: Any owner or operator that conducts sweeping operations or services on paved or concrete roads, parking lots, rights -of -way, pedestrian ways, plazas or other solid surfaces, and whose operations are a dust generating activity or source shall implement all of the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Uncontrolled sweeping prohibited: the use of rotary brushes, power brooms, or other mechanical sweeping for the removal of dust, dirt, mud, or other debris from a paved public road, right-of-way, or parking lot without the use of water, vacuum system with filtration, or other equivalent dust control method is prohibited. Mechanical or manual sweeping that occurs between lifts of asphalt paving operations is excluded from this prohibition, due to engineering requirements associated with these operations. (b) Additional Best Management Practices: In the event 3.4(a)(i) is ineffective to prevent off -property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: use a light spray of water or wetting agent applied directly to work area or use equipment with water spray system while operating sweeper or power broom. Prevent water used for dust control from entering any storm drainage facility or watercourse. (ii) Vacuum system: use sweeper or power broom equipped with a vacuum collection and filtration system. (iii) Other method: use any other method to control dust emissions that has a demonstrated particulate matter control efficiency of 80 percent or more. Page 14 Above: This figure illustrates an installed grate (left) and a gravel bed (right), both of which are additional best management practices associated with track-out/carry-out. Mud, dirt, and other debris can be carried from a site on equipment's wheels or undercarriage onto public roads. When this material dries, it can become airborne by wind activity or when other vehicles travel on it. This is a health concern and can cause visibility issues and safety hazards. Best Mnnnyement Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of any operation that has the potential to result in track -out of dirt, dust, or debris on public roads and rights -of -way and whose operation is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Contracts and standards: comply with track -out prevention requirements and construction best management practices as set forth in the Code, City regulations, or policies and as specified in applicable contract documents or Fort Collins Stormwater Criteria Manual. (ii) Remove deposition: promptly remove any deposition that occurs on public roads or rights - of -way as a result of the owner's or operator's operations. Avoid over -watering and prevent runoff into any storm drainage facility or watercourse. (b) Additional Best Management Practices: In the event 3.5(a)(i)-(ii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Install rails, pipes, grate, or similar track -out control device. (ii) Install a gravel bed track -out apron that extends at least 50 feet from the intersection with a public road or right-of-way. (iii) Install gravel bed track -out apron with steel cattle guard or concrete wash rack. (iv) Install and utilize on -site vehicle and equipment washing station. (v) Install a paved surface that extends at least 100 feet from the intersection with a public road or right-of-way. (vi) Manually remove mud, dirt, and debris from equipment and vehicle wheels, tires and undercarriage. Page 15 3.6 Bulk Materials Transport Above: This figure illustrates covered loads, a required best management practice for bulk materials transport. Haul trucks are used to move bulk materials, such as dirt, rock, demolition debris, or.mulch to and from construction sites, material suppliers and storage yards. Dust emissions from haul trucks, if uncontrolled, can be a safety hazard by impairing visibility or by depositing debris on roads, pedestrians, bicyclists, or other vehicles. (a) Required Best Management Practices: Any owner or operator of a dust generating activity or source for which vehicles used for transporting bulk materials to and from a site within the City on a public or private road or on a public right-of-way shall prevent off -vehicle transport of fugitive dust emissions. To prevent off -vehicle transport of fugitive dust to and from the site, the owner or operator shall implement the following measures : (i) Cover Loads: Loads shall be completely covered or all material enclosed in a manner that prevents the material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle. This includes the covering of hot asphalt and asphalt patching material with a tarp or other impermeable material. (ii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.6(a)(i)-(ii) are ineffective to prevent off - vehicle transport, the person, owner, or operator shall use at least one of the following best management practices: Page 16 (i) Wet suppression: apply water to bulk materials loaded for transport as necessary to prevent fugitive dust emissions and deposition of materials on roadways. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Other technology: use other equivalent technology that effectively eliminates off -vehicle transport, such as limiting the load size to provide at least three inches of freeboard to prevent spillage. Above: This figure illustrates minimizing drop heights, a required best management practice for bulk materials transport. Page 17 3.7 Unpaved Roads and Haul Roads Above: This figure illustrates surface improvements on an unpaved road, an additional best management practice. Road dust from unpaved roads is caused by particles lifted by and dropped from rolling wheels traveling on the road surface and from wind blowing across the road surface. Road dust can aggravate heart and lung conditions as well as cause safety issues such as decreased driver visibility and other safety hazards. Rest Marrngement Practices to control nest (a) Required Best Management Practices: Any owner or operator of an unpaved road located on a construction site greater than five acres on private property or an unpaved road used as a public right- of-way shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (ii) Restrict access: restrict travel on unpaved roads by limiting access to only authorized vehicle use. (b) Additional Best Management Practices: In the event 3.7(a)(i)-(ii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to unpaved road surface as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. Page 18 IDS WORKIM TOGETHER TO BUILD THE FUTURE Epic Deck Tile Replacement City of Fort Collins Project Number #8531 1801 Riverside Ave. Fort Collins, CO. 80525 Dear Mr. Cozzens, 3780 N. Garfield Ave., Ste. 101 Loveland, CO 80530 Office: 970.635.3534 Fax: 970.635.3537 ww w .05Eunstructorszmm 6/20/17 DS Constructors, LLC. is pleased to offer you the following revised bid for your Epic Deck Tile Replacement. Pricing includes all labor, materials, equipment, tools and supplies as required and necessary to execute the work as described below. This bid is based on work shown on plans and specifications provided by owner during original bidding process. Pricing DOES include removal and replacement of a V wide ban along the North and East side of the main pool that was not originally called out. Pricing DOES include removal and replacement of the tile between the kiddie/wading pool and therapy pool that was not called for originally. New tile colors to be of the same family of Dal Tile products called out in bid documents. Pricing is based off using Dal Tile 1"x1" tile as called for in bid documents. Owner can select other colors within the same family of tile. Grout will be per specifications. Base Proposal Price: $170,838 Alternate 1 - Square Foot cost to prepare and install 1"x1" tile as needed on the pool deck area: Add: $22.20/sgft Alternate 2 - Lump sum deduct for labor only on installation of Deck and Bullnose the on the North and East side of Therapy Pool: Deduct: ($1,404.00) Inclusions: 1. One year warranty of material and labor supplied by DS Constructors, LLC. 2. Site Management as required to complete work per plans, specification and addendum 1. 3. Items included in specifications, plans, and addendums 1 noted as contractor's Work to be done as part of —the therapy pool project. _ (iii) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iv) Access road location: locate site access roads away from residential or other populated areas. Above: This figure illustrates wet suppression, an additional best management practice for unpaved or haul roads. Page 19 3.8 Parking Lots Above: Thisfigure illustrates an unpaved parking lot in Fort Collins. This section applies to paved and unpaved areas where vehicles are parked or stored on a routine basis and includes parking areas for shopping, recreation, or events; automobile or vehicle storage yards; and animal staging areas. (a) Required Best Management Practices: Any owners or operator of an unpaved parking lot greater than one-half acre shall use at least one of the following best management practices to prevent off - property transport of fugitive dust emissions (i) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (ii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iii) Wet suppression: apply water as necessary and appropriate considering current weather conditions to prevent off -property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (iv) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (v) Wind barrier: construct a fence or other type of wind barrier. (vi) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. Page 20 (vii) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Best Management Practices to Control Dust- Paved Parking Lots (a) Required Best Management Practices: An owner or operator of a paved parking lot greater than one-half acre and shall use at least one of the following best management practices to prevent off - property transport of fugitive dust emissions. (i) Maintenance: repair potholes and cracks and maintain surface improvements. (ii) Mechanical sweeping: Sweep lot with a vacuum sweeper and light water spray as necessary to remove dirt and debris. Avoid overwatering and prevent runoff from entering any public right-of-way, storm drainage facility, or watercourse. (iii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (iv) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Above: This photo represents improving the surface of a parking area, which is one measure to comply with the Manual. pahc 21 3.9 Open Areas and Vacant Lots Above: These photos illustrate open areas in Fort Collins, which have the potential to generate dust. Open areas are typically not a significant source of wind-blown dust emissions if the coverage of vegetation is sufficient or soil crusts are intact. However, if soils in open areas are disturbed by vehicle traffic, off -highway vehicle use, bicycling or grazing, or if they have become overpopulated by prairie dogs, dust emissions can become a problem. Best ITonn irrnent Practice,; to Control Dust (a) Required Best Management Practices: Any owner or operator of an open area greater than one-half acre shall use at least one of the following best management practices to stabilize disturbed or exposed soil surface areas that are intended to or remain exposed for 30 days or more and to prevent off - property transport of fugitive dust emissions: (i) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (ii) Synthetic or natural cover: install cover materials over exposed areas during periods of inactivity and properly anchor the cover. (iii) Surface roughening: stabilize an exposed area during periods of inactivity or when vegetation cannot be immediately established. (iv) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established, using mulch, compost, soil mats, or other methods. (v) Wet suppression: apply water to disturbed soil surfaces as necessary and appropriate considering current weather to prevent off -property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (vi) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (vii) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any Page 22 product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. Page 23 3.10 Saw Cutting and Grinding Above: This photo illustrates concrete cutting and how the activity can generate dust. Cutting and grinding of asphalt, concrete and other masonry materials can be a significant short-term source of fugitive dust that may expose workers and the public to crystalline silica. Inhalation of silica can cause lung disease known as silicosis and has been linked to other diseases such as tuberculosis and lung cancer. Using additional best management practices during cutting and grinding operations can significantly reduce dust emissions. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator that cuts or grinds asphalt, concrete, brick, tile, stone, or other masonry materials and whose operations are a dust generating activity or source shall use the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. Follow additional procedures prescribed in the City's Fort Collins Stormwater Criteria Manual or contract documents and specifications. (b) Additional Best Management Practices: In the event 3.10(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: Page 24 (i) On -tool local exhaust ventilation: use a tool -mounted dust capture and collection system. (ii) On -tool wet suppression: use a tool -mounted water application system. (iii) Vacuuming: use a vacuum equipped with a HEPA filter simultaneously with cutting or grinding operations. (iv) Wet suppression: use a water sprayer or hose simultaneously with cutting or grinding operations. (v) Enclosure: conduct cutting or grinding within an enclosure with a dust collection system or temporary tenting over the work area. Above: These photos illustrate how dust generated from cutting can be minimized by applying on -tool wet suppression, an additional best management practice associated with saw cutting and grinding. Page 25 3.11 Abrasive Blasting Above: This photo illustrates abrasive blasting without dust mitigation in place. Abrasive blasting is used to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Abrasive blasting typically generates a significant amount of fugitive dust if not controlled. The material removed during abrasive blasting can become airborne and may contain silica, lead, cadmium or other byproducts removed from the surface being blasted.* Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts outdoor abrasive blasting or indoor abrasive blasting with uncontrolled emissions vented to the outside and whose operations are a dust generating activity or source shall implement all of the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Enclosure: conduct abrasive blasting within an enclosure with a dust collection system or temporary tenting over the work area. Page 26 (ii) Wet suppression blasting: use one of several available methods that mix water with the abrasive media or air during blasting operations. (iii) Vacuum blasting: conduct air -based blasting that uses a nozzle attachment with negative air pressure to capture dust. (iv) Abrasive media: select less toxic, lower dust -generating blasting media. *Blasting on surfaces that contain lead paint or wastes from sand blasting that contain hazardous materials maybe subject to additional state and federal requirements. Above: This photo illustrates wet suppression blasting, an additional best management practice. Page 27 3.12 Mechanical Blowing Above: This photo illustrates mechanical blowing without dust mitigation in place. Mechanical blowers are commonly used to move dirt, sand, leaves, grass clippings and other landscaping debris to a central location for easier pick-up and removal. Mechanical blowing with a leaf blower can be a significant source of fugitive dust in some situations and can create nuisance conditions and cause health effects for sensitive individuals. Mechanical blowing can resuspend dust particles that contain allergens, pollens, and molds, as well as pesticides, fecal contaminants, and toxic metals causing allergic reactions, asthma attacks and exacerbating other respiratory illnesses. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who operates a mechanical leaf blower (gas, electric, or battery -powered) in a manner that is a dust generating activity or source shall use at least one of the following best management practices as necessary to prevent off -property transport of fugitive dust emissions (i) Low speed: use the lowest speed appropriate for the task and equipment. (ii) Operation: use the full length of the blow tube and place the nozzle as close to the ground as possible. (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Alternative method: use an alternative such as a rake, broom, shovel, manually push sweeper or a vacuum machine equipped with a filtration system. (ii) Prevent impact: do not blow dust and debris off -property or in close proximity to people, animals, open windows, air intakes, or onto adjacent property, public right-of-way, storm drainage facility, or watercourse. Page 28 responsibility. Exclusions: 1. Permit and fees are not included. 2. Any Engineering required by local Authority Having Jurisdiction/Building Official. 3. Anything not specifically noted in original plans, specifications, and addendum 1. 4. Anything not previously called out in plans, specifications and addendum 1. 5. Off hours work. Proposal is based on work being performed Monday through Friday 7a.m. to 5p.m. 6. Temporary power, water, or heat. 7. Abatement of any unknown lead/ACM not previously noted by LT Environmental. Please let us know if you have any questions or comments, we appreciate the opportunity to propose on your work. If you would like us to proceed, please sign below and return to DS Constructors. Sincerely, Melinda Denney, President IDS Constructors, LLC Date: Ethan Cozzens/Elliot Dale City of Fort Collins Date: (iii) Minimize use on dirt: minimize the use of mechanical blower on unpaved surfaces, road shoulders, or loose dirt. (iv) Wet suppression: use a light spray of water, as necessary and appropriate considering current weather conditions, to dampen dusty work areas. Prevent water, dirt, and debris from entering any storm drainage facility, or watercourse. (v) Remove debris: remove and properly dispose of blown material immediately. Above: These photos illustrate alternative methods to mechanical blowing that can minimize dust generation. Page 29 4.0 Dust Control Plan for Land Development Greater Than Five Acres A dust control plan is required for all development projects or construction sites with a total disturbed surface area equal to or greater than five (5) acres. If the project is required to obtain a development construction permit, then the dust control plan shall be submitted with the development review application or the development construction permit application. A copy of the dust control plan shall be available onsite at all times for compliance and inspection purposes. For dust control plans associated with a Development Construction Permit (DCP), applications for the DCP are available online at www.fcFov.com/cf.eveloon-ientreview 1 lications phi). The dust control plan may be submitted on the Dust Control Plan Form included in Chapter 4 of this Manual or other equivalent format and shall include the following information: • Project name and location. • Name and contact information of property owner. • Project start and completion dates. • Name and contact information of the developer, general contractor, and each contractor or operator that will be engaged in an earthmoving activity. • Total size of the development project or construction site in acres. • A description of the project phasing or sequencing of the project to minimize the amount of disturbed surface area at any one time during the project. • A list of each dust generating activity or source associated with the project. • A list of each best management practice and engineering control that will be implemented for each dust generating activity or source. • A list of additional best management practices that will be implemented if initial controls are ineffective. • A signed statement from the property owner, developer, general contractor, and each contractor or operator engaged in an earthmoving activity acknowledging receipt of the Dust Control Plan and an understanding of and ability to comply with the best management practices in the plan. Page 30 r City }Of I /,F6rl Col lins DUST CONTROL PLAN PROJECT INFORMATION Project Name Project Location Start and Completion Dates Total Size of Project Site (acres) Maximum disturbed surface area at any one time (acres) Property Owner name, address, phone, e-mail Developer name, address, phone, e-mail General Contractor name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail PROJECT PHASING OR SEQUENCING Provide a description of how this project will be phased or sequenced to minimize the disturbed surface area. Attach phasing plan or map if available. Page 31 DUST CONTROL PLAN CERTIFICATION 1 certify the information and attachments contained in this Dust Control Plan are true and correct to the best of my knowledge and that I and the project's subcontractors have received a copy of this Dust Control Plan and acknowledge my understanding of and ability to comply with best management practices for controlling fugitive dust emissions. I hereby permit City officials to enter upon the property for the purpose of inspection of any dust generating activity or source for which I am the responsible person, owner, or operator. Name: Title: Role on project: Address: Phone: Signature: Date: List of Subcontractors: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Page 32 Instructions: Place an X in each box indicating all best management practices that will be implemented for each dust generating activity. Please refer to the Dust Prevention and Control Manual for requirements. Dust GeneratingActivity b V /Best Management Practice OCO > L t w C o o Y> O O m y m y VO m O_ a, y 3 V1 v N a U O O ,� c a; o io n C Y N H 0 0 W= a 75 � (a M_ N o m Y a a, Q d Q m on :D U C m j Q 3 O CO o Abrasive media Asbestos or lead materials Building permit Chemical stabilization Construction sequencing Drop height Enclosure Equipment &work area clean up Erosion Control plan High winds restriction Load cover Leaf blowing techniques Location Minimize disturbed area On -tool local exhaust ventilation On -tool wet suppression Other method Reduce vehicle speeds Remove deposition Restrict access Slurry clean up Soil retention Stockpile permit Surface improvements Surface roughening Sweeping Synthetic or natural cover Track -out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Wind barrier Describe any additional dust generating activities and best management practices that will be used: Page 33 5.0 Resources 5.1 Cross Reference to Codes, Standards, Regulations, and Policies Earthmoving Activities Fort Collins Land Use Code Article 3 General Development Standards §3.2.2 Access, Circulation and Parking. Fort Collins Land Use Code Article 3 General Development Standards §3.4.1(N) Standards for Protection During Construction. Fort Collins Land Use Code Article 3 General Development Standards §3.4.2 Air Quality. Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 23 Public Property §23-16. Permit required; exception in case of emergency. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.5. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-1 Construction Phasing/Sequencing and Fact Sheet EC-1 Surface Roughening. Larimer County Land Use Code §8.11.4. Fugitive dust during construction. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.b Construction Activities. OSHA Safety and Health Regulations for Construction 29 CFR Part 1926.55 Gases, vapors, fumes, dusts, and mists. Demolition and Renovation Fort Collins Land Use Code, Division 2.7 Building Permits §2.7.1 Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Page 34 Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, Regulation Number 8, Part B Control of Hazardous Air Pollutants, 5 CCR 1001-10. Stockpiles Fort Collins Land Use Code, Division 2.6 Stockpiling Permits and Development Construction Permits §2.6.2. Fort Collins Land Use Code §2.6.3 (K) Stockpiling Permit and Development Construction Permit Review Procedures. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.7. Fort Collins Stormwater Criteria Manual - Fact Sheet MM-2 Stockpile Management. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.c Storage and Handling of Materials. Street Sweeping Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual - Fact Sheet SM-7 Street Sweeping and Vacuuming. Track-out/Carry-out Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins Land Use Code §5.2.1 Definitions Maintenance (of a newly constructed street). Fort Collins City Code: Chapter 20 — Nuisances, Article V - Dirt, Debris and Construction Waste, §Sec. 20-62. Depositing on streets prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.8. Page 35 Fort Collins Stormwater Criteria Manual — Fact Sheet SM-4 Vehicle Tracking Control. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-7 Street Sweeping and Vacuuming. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.13.2.a.(ii).(B) General Requirements. Bulk Materials Transport Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.f Haul Trucks. Colorado Revised Statutes. 42-4-1407 Spilling loads on highways prohibited. Unpaved Roads and Haul Roads Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a Roadways and §III.D.2.e Haul Roads. Parkins Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Open Areas and Vacant Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Saw Cutting and Grinding Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-12 Paving and Grinding Operations. Page 36 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Section 208.04 Best Management Practices for Stormwater. Abrasive Blasting Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Mechanical (Leaf) Blowing Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. 5.2 City of Fort Collins Manuals and Policies Fort Collins Stormwater Criteria Manual http://www.fcgov.com/utilities/business/builders-and- developers/development-forms-gu idelines-regulations/stormwater-criteria City of Fort Collins Parks and Recreation Environmental Best Management Practices Manual 2011, Chapter Four: Best Management Practices for Construction http://www.fcgov.com/parks/pdf/bmp.pdf City of Fort Collins Building Design and Construction Standards, Oct. 2013 http://www.fcgov.com/opserv/pdf/building-design-standards2. pdf?1390850442 City of Fort Collins, Recommended Species and Application Rates of Perennial Native Upland Grass Seed for Fort Collins, Colorado. City of Fort Collins Plant List, April 2011. 5.3 References for Dust Control Leaf Blowing A Report to the California Legislature on the Potential Health and Environmental Impacts of Leaf Blowers, California Environmental Protection Agency —Air Resources Board, Feb. 2000. http://www.arb.ca.gov/msprog/mailouts/­`msc0005/mscOOOS.pd Abrasive Blasting Sandblasting and Other Air -based Blasting Fact Sheet, Minnesota Pollution Control Agency, Dec. 2011. Protecting Workers from the Hazards of Abrasive Blasting Materials, OSHA Fact Sheet. California Air Resources Board, Abrasive Blasting Program. http://www.arb.ca.gov/ba/certabr/`certabr.htm Page 37 Saw Cutting OSHA Fact Sheet on Crystalline Silica Exposure https://www.osha.gov/OshDoc/data General Facts/crystalline-factsheet.pdf State of New Jersey — Dry Cutting and Grinding Fact Sheet http://www.state.ni.us/health/surv/documents/dry cutting.pdf Centers for Disease Control and Prevention - Engineering Controls for Silica in Construction htto://avww.cdc.gov/niosh/topics/silica/`cutoffsaws.htmI Shepherd-S; Woskie-S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and Environmental Hygiene, 2013 Feb; 10(2):64-70. http://www.cdc.gov/niosh/nioshtic-2/20042808.ht�7u Akbar-Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar-Khanzadeh M, Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene, 2010 Dec;7(12):700-11. http://www.ncbi.nlm.nih.gov/pubmed/21058155 HSE, On -Tool Controls to Reduce Exposure to Respirable Dusts in the Construction Industry —A Review. Health and Safety Executive, RR926, 2012, Derbyshire, U.K. http://www.hse.gov.uk/research/rrpdf/rr926.pdf Croteau G, Guffey S, Flanagan ME, Seixas N, The Effect of Local Exhaust Ventilation Controls on Dust Exposures During Concrete Cutting and Grinding Activities. American Industrial Hygiene Association Journal, 2002 63:458-467 http://deohs.washington.eclu/sites/default/files/images/general/`CroteauThesis.pdf Unpaved Roads, Parking Lots, and Open Areas Dust Control from Unpaved Roads and Surfaces, Code 373, USDA-NRCS, April 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nresl43 025946.pdf CPWA, 2005, Dust Control for Unpaved Roads, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, Canadian Public Works Association. Colorado Forest Road Field Handbook, Colorado State Forest, Editor: Richard M. Edwards, CF; CSFS Assistant Staff Forester, July 2011. Fay L., Kociolek A., Road Dust Management and Future Needs: 2008 Conference Proceedings, Western Transportation Institute, March 2009. Chemical Stabilizers Interim Guidelines on Dust Palliative Use in Clark County, Nevada. Nevada Division of Environmental Protection, Feb. 2001. http://ndep.nv.gov/admin/dustpal.pdf Bolander, Peter, ed. 1999. Dust Palliative Selection and Application Guide. Project Report. 9977-1207- SDTDC. San Dimas, CA: U.S. Department of Agriculture, Forest Service, San Dimas Technology and Development Center. http://www.fs.fed.us/eng/pubs/htmIZ99771207/99771207.html Page 38 .uw.. rn rolum..rx ouw n..ml�aal.:...m om ..rnowuwroi.:eV u':ree[e��a�M'Ma mm�nl�Rl�ounu nniw(oniw.�.lSuua''i: d.ou:']1ev:oa�.'nl wln�u..nl! ..Il.......uosi°�•••••n.. wnu.mm...w.i..ro.x .� ro•..u..r..ur�u.e...w. o.or.: u....r. om- ....m...... rox..n. a: um.. r NOTES: o.a nr..u...n . .n..r M...n.u.rm.o. DATED o05/ 08/ 17 REVISIONS DATED: 6/23/17 6123117 NOTES: I � `""o.` I I I I I I I I I iooc w""u doenoc I ti sa.n M1.m .IwXCXeWn.( i ` �I I 7 I 1 I 1 1 I 1 I •_ �W w Techniques for Fugitive Dust Control — Chemical Suppressants, City of Albuquerque NM, website last accessed on Oct. 25, 2014. http://www.cabg.gov/airguality/business-programs-permits/ordinances/fugitive-dust/fugitive-dust- control USDA BioPreferred Catalog: Dust Suppressants http://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtrl USGS Columbia Environmental Research Center Project: Environmental Effects of Dust Suppressant Chemicals on Roadside Plant and Animal Communities, http://www.cerc.usgs.Fov/Proiects.aspx?Proiectld=77 Street Sweeping U.S. Department of Transportation, Federal Highway Administration, Stormwater Best Management Practices: Street Sweeper Fact Sheet. http://environment.thwa.dot.gov/ecosystems/ultrat.irb/3fs16.asp Agriculture and Livestock Agricultural Air Quality Conservation Measures - Reference Guide for Cropping Systems and General Land Management, USDA-NRCS, Oct. 2012. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/stelprdb1049502.pdf Dust Control from Animal Activity on Open Lot Surfaces, Code 375, USDA-NRCS, Sept. 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025821.pdf Residue and Tillage Management, Reduced Till, Code 345, USDA-NRCS, Dec. 2013. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/stelprdb1251402.pdf Herbaceous Wind Barriers, Code 603, USDA-NRCS, Jan. 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025927.pdf Michalewicz, D. A., J. D. Wanjura, B. W. Shaw, and C. B. Parnell. 2005. Evaluation of sources and controls of fugitive dust from agricultural operations. In Proc. 2005 Beltwide Cotton Conference. http•//caages.tamu.edu/Publication-Particulate%20Matter.htmI Harner J., Maghirang R., Razote E., Water Requirements for Dust Control on Feedlots, from the proceedings of Mitigating Air Emissions From Animal Feeding Operations Conference, May 2008. http://w�vw.extension.orK/oa es/23966Lw, , —...requirements-for-dust-control on -feedlots California Air Pollution Control Officers Association Agriculture Clearinghouse http://www.cai)coa.org/ag-clearinghouse/ U.S. Department of Agriculture Natural Resources Conservation Service - Nevada, Fugitive Dust: A Guide to the Control of Windblown Dust on Agricultural Lands in Nevada. Jan. 2007. http://www.cdsn.org/images/FugitiveDustGuide v7 201 .pdf Demolition and Renovation Page 39 CDPHE, Demolition and Asbestos Abatement forms and information https://www.colorado.gov/pacific/cdphe/asbestos-forms Earthmovine Activities CDPHE, An Overview of Colorado Air Regulations for Land Development, August 2014 https://www.colorado.gov/pacific/sites/default/files/AP Land -Development -Guidance -Document 1.pdf Working With Dirt When the Wind Blows http://www.gradingandexcavation.com/GX/Articles/Working With Dirt When the Wind Blows 5455 .aspx EPA — Stormwater Best Management Practices: Dust Control http://water.epa.gov/polwaste/npdes/swbm p/Dust-Control.cfm EPA — Stormwater Best Management Practices: Wind Fences and Sand Fences http://water.epa.gov/polwaste/npdes/swbmp/W ind-Fences-and-Sand-Fences.cfm EPA—Stormwater Best Management Practices: Construction Sequencing http://water.epa.gov/polwaste/npdes/swbm p/Construction-Seouenci ng.cfm EPA — Stormwater Best Management Practices: Construction Entrances http://water.epa.gov/polwaste/npdes/swbmp/Construction-Entrances.cfm An Overview of Colorado Air Regulations for Land Development. Colorado Department of Public Health and Environment —Air Pollution Control Division. https:.//www.colorado.gov/pacific/sites/default/files/AP Land -Development -Guidance -Document 1.pdf Health Effects of Particulate Matter U.S. Environmental Protection Agency, Integrated Science Assessment for Particulate Matter. EPA/600/R-08/139F Dec. 2009. http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546#Download World Health Organization, Health Effects of Particulate Matter- Policy. 2013 http://www.euro.who.int/ data/assets/pdf file/0006/189051/Health-effects-of-particulate-matter- final-Eng.pdf Preventing Silicosis in Construction Workers, NIOSH http://www.cdc.gov/niosh/"docs/96-112/ General Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013. http://www.maricopa.gov/aq/divisions/compliance/dust/docs/ndf/Rule%20310-Dust%20Handbook pdf Fugitive Dust Control: Self Inspection Handbook, California Air Resources Board, 2007. http://www.arb.ca.gov/pm/fugitivedust large.pdf WRAP Fugitive Dust Handbook, Western Governors' Association. Sept. 2006. Page 40 Managing Fugitive Dust: A Guide for Compliance with the Air Regulatory Requirements for Particulate Matter Generation, Michigan Department of Environmental Quality. March 2014. Colorado Oil and Gas Conservation Commission, Rules and Regulations, Rule 805 Odors and Dust http://cogcc.state.co.us/ Page 41 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 OS Cmst. M, LLC as Principal, and Tma� CawaryamSu g/Co'P°"yofAmw" , as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ FmPm of T=1 aid 8ad A� = for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 8531 EPIC Pool Deck Tile Replacement. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all 1 persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of m°Y'2 20 17 , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. 7.7I.C91;7,\0 QS Conurvaan, IR Name: 3780 N Gaeela Ave Ste 131 Address: Loveland. CO 805M By. V ATTEST: By: THLEEN M BUDD NOTARY PUBLIC STATE OF COLORAD0 NOTARY 1D 20164032834 MY COMMISSION EXPIRES 08/26/2020 SURETY Tra. era Caw ty and Surety Camp" of A ema One Tower Square S1 a29 Herb CT 09183 Title: AwmW-kn4a (SEAL) WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER < - POWER OF ATTORNEY Pf TRAVELERS-1 Farmington Casually Company St. Paul Mercury Insurance Company"'" Fidelity Lind Guaranty Insurance Company Truvelm Casually and Surety Company Fidelity and Guarani Insurance Underwriters, Inc. Travelers Casualty and Surely Company of America St. Paul Fire and Marine Insurunce Company United Slates Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 225371 Certificate No. 007033646 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 arc corporations duty orpnized 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 Futility 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 Darrell C.R. Olson It. Lance M. Olson. Rhonda Petsche. Matthew J. Olson, and Casey Alexander of the City of Greenwood Village . State of Colorado , their true and lawful Anomey(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 underwkings 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. IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and their corporate seals to he hereto affixed. this 4th day of November 2016 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 orAmerica St. Paul Fire and Marine Insurance Company United States Fldelity and Guaranty Company _. St. Paul Guardian Insurance Company +��ao.r � �r„�+` 0���"'�jGi (Do �WA�rMpi FIB f t 2! o� 1977 g�'' �,e — i^�tMndt4+mr°'�c�ti E,seas /S�a �t�0++. _ 'ems �i N�;`<�.,.cs ce ��i'i .ti++� v state or Connecticut City of Hartford ss. By: Rohm L. Ranry. Smw Vire Prnidcnt On this the 41h day of November 2016 before me personally appeared Robert L. Raney. who acknowledged himself to be the Senior Yee President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fin: and Marine Insurance Company, St. Paul Guardian lmuancc 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 thcrtin contained by signing on behalrof the corporations by himself as a duly authorized officer. �,TET In Witness Whemal. I hereunto set my hand and official seal. Wn A C • My Commission expires the 30ih day of June, 2021. % Marie C. Tentautt, Nnrary 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 NNNN and Guaranty Insurance Company, Fidelity and Guaranty insurance Underwritm. Inc,. Si. Paul Fire and Marini 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 1FJ Fidelity and Guaranty Company. which resolutions arc 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 Corporal: Secretary or any Assistant Secretary may appoint Anomeys-in-Fan 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 + al with the Company's seal bonds, recogniz aces, con sus or indemnity. and udrcr writings obliguury in die nature of a bond, recognizance, or conditional tick -taking, 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 hcr: 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 dclegatc all or any part of the foregoing authority to one or more officers or employees of Ibis Company, provided that each such delegation is in writing and u copy thereof is filed in the office of the Scerctarv: and it is FURTHER RESOLVED, that any bond. reamgniznnee, contract of indemnity, or writing obHgmory in the nawrn of a bond, recognizance, or conditional undertaking shall he 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 scaled with the Conmfyany's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the Power prescribed in his or her certificate or their certificates of audmrily 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 he affixed by facsimile to any Power of Attorney or to any certificate relating therein appointing Resident Vice Presidents, Resident Assistant Secretaries or Anorncys-in-Fact for purposes only of executing and arresting 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 scat 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 hinding on the Company in the future with respect m> any bond or understanding In which it is attached. I, Kevin E. Hughes, the undersig icd,Assismnt Secretary, of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, [tic., St. Pau) Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travclen Casuahy 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 hand and affixed the seals of said Companies this day of Kcvin�ughcs�Assislant SecilKary r.4v. u�4 4�r—pt49 o°�,.S�e• �.. � cs=rA tyY'm'Qb. =i'�w6,. �+awm :�� 4 •�Sra•of� .�,(W'rar"try^ � � .r � �t ��_� a gg 1977 g -i, •• ��. - i^+ � wmrwn.. a � r+ `�: AMJp- To verify the authenticity of this Power of Attorney, call 1-M).421-38&) or contact us at www.travekrsbond.corn. Please refer um the Ationmcy-In-Pact number, the above -named individuals and (lie dctaih of the bond to which the power is attached. WARNING. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: DS Constructors LLC 2. Permanent main office address: 3780 N Garfield Ave, Ste 101, Loveland, CO 80538 3. When organized: 2008 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 9 years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) SEE Attachment A 7. General character of Work performed by your company: 91 Commercial General contractor Have you ever failed to complete any Work awarded to you?. If so, where and why? 9. Have you ever defaulted on a contract? NO 140 SECTION 00020 INVITATION TO BID 10 11 If so, where and why? Are you debarred by any government agency? If yes list agency name. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction_ See Attachment B 12. List your major equipment available for this contract. DS Constructors owns tools for the work we self perform such as carpentry tools, compressors, generators,trucks and trailers. Any additional tools that this project requires will be provided by our subcontractors, rented or purchased depending on item. 13. Experience in construction Work similar in importance to this project: DS Constructors regularly engages in public projects. We understand the critical nature of working around the public and how to maintain safety while efficiently completing a ects at Colorado State University highlight our ability and success in working on Owner occupiea pro}ec s. 14. Background and experience of the principal members of your organization, including officers: See Attachment C 15. Credit available: $ 100,000.00 16. Bank Reference: See Attachment D 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? YES 18. Are you licensed as a General Contractor? YES If yes, in what city, county and state? SEE ATTACHMENT LE What class, license and numbers? SEE ATTACHMENT E 19. Do you anticipate subcontracting Work under this Contract? YES If yes, what percent of total contract? 90t And to whom? See Attachment F, Schedule of Subcontractors 20. Are any lawsuits pending against you or your firm at this time? NO IF yes, DETAIL N/A 21. What are the limits of your public liability? DETAIL What company? Olson and Olson SEE ATTACHMENT G 22. What are your company's bonding limitations? $20 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. Dated at 7 SS_,4-iVJ this � day of f �� V , 20 f Com an DS Constructors LLC P y; 7 By:j Printed: au "2A Al ? nt c Title: President State of Colorado County of Larimer 7� T)ej(12 -( being duly sworn deposes and says that h�(5hF is RrE51 c en E of D S Con,Sf rUC-f6r,S LLC (Name) (Organization) j and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this �d day of� 20L7 tary Public KANOTAR PUBLIC D STATE OF COLORADO 8 J26 /2020 NOTARY ID 20764032834 My commission expires: My COMMISSION EXPIRES 0=6/2020 Prn�eett Prq lName Owner/Arrhilect %Complete Odglnal Contract Toil Project Description Colorado State llnWerbkoy Electrical Feed Owner Laura Betty, Project Manager This Prnitst amskted oFaddirug a redundant NO voltage Switch gem to the C.dorada Stan <arlptts. TJKs proka Ma"94C. no ralwn o ' Fvn rdr,r inrJuded retrofitting the ealsting vauk and coordktating the work between the City orForDCowns and ra-onda oeuvsev 97% $399,000.00 Colorado Stale kJnr erstty. The asw rd site uok irs, concrete and tawdscapktg were aho part of this sYO..tMlodertc Ar MtKt N/A cmnra Wflate Start Date: December 2016 Scheduled Car ple-how June 2017 Fred Jardes School Of lrwm moon Owners Greeley Evans School district This project consists ere an a 9500 sf In Greeley. Colorado. Theunt of rwll anew prele Manapn 717 6th Street, Greeley, CAS0631 bilc b SchoolMoft Mork and brick bulldog will be remodeled Irdo a new erliicalion facility for Weld Cwmty School district 9. Into ed call Draw Gebvth 25% $364,000.00 SepatMtmdane: Architect: Mark Markley Start Date March 29, 2017 Rod wn.;Na Markley Design. 970-673.8248 SchedukKi Compietetlon July 30, 2017 G Bit D Oil Harmony ownter: Paul McCarthur BIg D Oil has purchased mukipie gas station/corwenknce stores in Northern Colorado. this Is DS hey.a MWW4W- Ka,mary A! a Fort Collins, CO BGS24 cam. celrvd 50% Constructors second location to do a complete Interior gut and remodel, which includes. Tear oft 5uperint—wa— Architect: $117,000.00 old roof and put on a new roof system. Stucco of parapit wall. Robert AfB Larry Trwnpe Start Date:Aptil 2017 Ip� Scheduled CurmuieW: June 2017 P Big D on Greeley Owner: Paul McCarthur heist Manaean San a rstKaw4oe.+.s,. -.: Big 0 Oil has purchased multiplegas station/convenience stores in Nortlnern Colorado. This is DS Drew celrw4, 57. Constructors serocd location to do a complete Irderior gut ard�remodel, wtikh kxludes:Tear ofl SuP-k*wdartn Architect. 530,DW.(K) old roof and'put on a new nod system. Robert NIB Larry Trappe Start Dale:May 2017 Scheduled C- mport , : June 2017 �� rnK. P Berthoud Comrttotts Dow CunfrdennN A tin rK hoist riser: This Is a design build project that will consist of a two story 20,0(hgft metal building with modern M.W. oO1111ev 0% architectural iinhhes. The building tenants will include retail & warehouse ;pace, offices and a ArddtKt. $1,700,000.00 community contfereme room. nouerr RIB Confidential at this time Start Date:July 2017 Scheduled Completion. January 2018 ,.;nnC){)C)C)C)nC)C")c C)0C).,( C)C7i7C)C)C)C)C)C)C7C)C)C)C�n;....)C)C)C) r r �. . . . ................................ Point of Contact/Reference rJ City of Fort Collins ' Ethan Cozzens : P.O. Box 580 ' Fort Collins, CO 80522 Location: ; Edora Pool and Ice Center : 1801 Riverside Ave Fort Collins, CO 80525 �i Project Start Date: May 31, 2016 ; Original Completion Date: October 28, 2016 ; ' Scheduled Actual Completion Date: January 3, 2017 Firm's Role in Project: ' General Contractor ' Project manager: Jayson Malisani ' Superintendent: Robert Rigg . .................................... D Edora Pool and Ice Center Fort Colli ................................... :.Project Status: Complete Size: 18,795 Square Feet Initial Cost: $ 2,001,313 Final Cost: $ 2,124,009 Total Number of Change Orders: 31 Total Value of Change Orders: $ 131,226 ; Total Number of RFI's: 41 s...................................... ............................................................................................ Description of the Project: This project was originally bid as a hard bid, but we negotiated with the city of Fort Collins to get within budget. We removed existing process piping for the competition pool and upgrading it with larger mainlines. This will created more • openings and allows for a quick return on water for the pool. Our work also increased the surge tank capacity to match new water depths. Our team replaced the old and outdated gutter system with new more efficient gutter and supplies. The work included installing new bulkheads, new tile work on the gutter of the competition pool, adding new anchors for lane dividers, back stroke markers and new ladders. The equipment room was completely replaced with new and state of the art pumps, filters, chemical system and piping. The Project was on a tight time constraint and had some unknown conditions that we worked through with City representative and Design team. '-------------------------------------------------------------------------------------------= Beebe Draw Farms Point of Contact/Reference WJ e y eitman Halcyon Designs, LLC 8393 W 1-25 Frontage Rd, Unit #1 Frederick, CO 80516 a Location: 16494 Beebe Draw Farms Parkway : Platteville, CO 80651 Project Start Date: February 15, 2016 Original Completion Date: June 15, 2016 Scheduled Actual Completion Date: July 1, 2016 Firm's Role in Project: • General Contractor Project manager: Jayson Malisani ; : Superintendent: Robert Rigg .....................................: .................... 0....... 0.......... Project Status- Complete : Size: 5,160 Square Feet ; Initial Contract: $ 901,299 Final Contract: $ 901,980 Total Number of Change Orders: 12 : Total Value of Change Orders: $ 690 Total Number of RFI's: 27 : ....................................... ...................•..•.•....••.•...........•.....,......r.r.•.....-�rrrr�•sr�s-���r�rwrrsv •r.... Description of the Project: This facility accommodates the Beebe Farms, Pelican Lake Maintenance crew members. This project is in compliance with 2016 IECC code on Commercial Air Barrier Requirements. This facility has passed the air barrier test with a 1.03 on the Pascal's Scale and is one of the most energy efficient building is Colorado to date. ................................................................................................ D J 3 J Point of Contact/Reference Miles Kaplanides 125 John Deere Drive Fort Collins, CO 80524 970-482-7154 Architect Vaught Frye Larson Justin Larson / Meghan Malin : 970-224-1191 Location: 125 John Deere Fort Collins, Co 80524 Project Start Date: June 611, 2016 • Scheduled Actual Completion Date: December 301h, 2016 Firm's Role in Project: Design Build / General Contractor Project manager: Drew Gelroth ; Superintendent: Guy Engell ; : •........................................... .............................................................................................. .. Description of the Proiect: DS Constructors is contracted to build a 12,228 square foot expansion that will tie into the existing facility for maintenance on heavy civil machinery. The building foundation consisted of installing 47 (ea.) 32' deep x 18" wide drilled piers . The entire equipment yard located directly adjacent to the site, plus water table on the site was averaging around 8' deep made the installation of the piers a strenuous activity during the construction process. Overall the project was completed on -time, under budget, and was a very successful project. ............................................... Project Status: Completed : Size: 12,228 Square Feet Initial Contract: $ 1,432,403 ; Final Contract: $ 2,494,424 : Total Number of Change Orders: 14 ' Total Value of Change Orders: $1,062,021 Total Number of RFI's: 6 : ............................................... r CSU Fire AUrm Up.2rades Phase II o Project Start Date: February 15`h, 2016 Actual Completion Date: December 12u' 2016 • Scheduled Completion Date: December 15`h, 2016 Initial Cost: $927,928 �. ° Final Cost: $956,136 Total Number of Change Orders: 3 Total Value of Change Orders: $28,208 Total Number of RFI's: 1 Firm's Role in Project: Design Build / General Contractor Project Manager: Drew Gelroth "i Superintendent: Rod Wilhite / Drew Gelroth i• e•• e e• s o•••• o a a a a• o o e a•• s• o oe � 4 • e Location: University Center of the Arts Glenn Morris Field House e Molecular & Radiological Bioscience • Administration r • Client: Colorado State University • Jonathan Feiman Tel: (970) 491-0322 e • Architect: ° • • Architectural Resource Group • • Larry Trampe (Principal) a �• e• e e o e a•• eo• a��� T e• a �• a o s••• e e e• e a• m•• +� c s• e• o• e•• e• r•• .� Description of the Project: ° This project was "Phase II" of a previous project to upgrade fire alarm systems in a variety of buildings on Colorado State • J , University's campus. This particular phase included upgrading the existing fire alarm system within four buildings on the • main campus (pictured above). The old system was removed and updated with a state of the art, intelligent, responsive • ' • fire alarm system. The main highlight of the project was that all of the buildings were fully occupied during the during all • Installation processes within the project. We also installed the systems in several high security areas and several clean • • rooms which took special procedures to properly install the conduit, wiring, and fire alarm devices. Overall the project was • highly successful and was completed on -time and under budget. ° % • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • o • • • • • e • • • • • • • • • • • • • • • • • • •° Melinda Denney PresidenC Women Business Owner (WBE) In Office & Onsite Office: (970) 635-3534 Fax: (970) 635-3537 Email:.Id4nncy - d-1&2ns-lrpstors,com Diahan Ehasz CFO - In Office Office: (970) 635-3534 Fax:(97o) 635-3537 Email: D&ha-q.P0Srgn5trtu("rs,.cQm Kathy Budd Office Manager/Project Coordinator- In Office Office: (970) 635-3534 ` Fax: (970) 635-3537 Email: I. h K(Lti1Sl5S?IlSSrilS1429d41L Robert Riee Operation Manager /Superintendent In Office & On Site Office: (970) 635-3534 Fax: (970) 635-3537 Email: Krigg,:dsconstructorc,ct)m lo5l' Maei Sr Estimator In Office Office: (970)6351534 Fax:(970)635-3537 Email: lm,�cs �dscotistructnr`.com Drew Gelroth Project Engineer- In Office & On Site Office: (970) 635-3534 Fax: (970) 635-3537 Email: r1eelr4rtht&dsconstrue[yrs_com Guy. Enell _ _ Rod Wilhite General Superintendent - Onsite Superintendent - On Site Office: (970) 635-3534 r` Office: (970) 6353534 Fax:(97o) 635-3537 , i Fax:(97o) 635-3537 Email•_C,ring_clJ@L-c9nktnsigT�.cQni Email: Rwilhit4o1)cicconstructon cnm 1 _ 37BO N. Garfield Ave., Ste. 101 Loveland, CO BO53S Office: 9 7D Z 353534 Fox: 97DJ535.3537 CORP5TRLICT[iFiS Irr wwwSISCunatructorsxum WORKING TOGETHER TO BUILD THE FUTURE MELINDA R. DENNEY 25 Yrs In Construction - 8 Yr Owner -6 Yrs as Operation Manager for Construction Office -7 Yrs as Project Manager - 5 Yrs as Field/Project Engineer Profile A knowledgeable and accomplished construction professional who has succeeded through leadership and a high level of communication. Proven ability to establish and cultivate a satellite construction office into a profitable business. Detailed management techniques have been developed over years of successful, profitable projects with extremely high levels of client satisfaction. Professional Background DS Constructors, LLC President / Women Business Owner (WBE) J September 2008 " Current J Bryan Construction, NCG October 2002 - August 2008 Diversified mix of negotiated design build and hard bid projects, Fort Collins, Colorado The Fort Collins branch office was opened and successful grew from a start up operation with no projects to a fifteen million dollar a year fully established office in four years. This position included purchasing, project development, project management employee development, marketing and contracting, During this time our growth and profits exceeded all projections on J our yearly business plan. `J The Neenan Company October 1997 - March 2002 Integrated development / design / builder, Fort Collins, Colorado Project management responsibilities include in house and owner coordination with development and design from the inception of the project through construction, Additional responsibilities include estimating, budget control, scheduling, constructability review, product selection, contract administration, cost control, subcontractor negotiations, project buyout and project closeout. 19 Rhoads Construction Inc. February 1992 - October 1997 General Contractor focused on hard -bid institutional projects, Fort Collins, Colorado Delivered the following projects as a Project Manager: Briggsdale Classroom Facility' 1.5million` 11,000sf. "New facility Roosevelt High School Addition 4.5million ` Addition of classroom wing, gymnasium and auditorium. r SECTION 00020 INVITATION TO BID Date: April 21, 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 May 12, 2017, for the EPIC Pool Deck Tile Replacement; BID NO. 8531. 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 8531. The Work includes: • Replacing all 1"xl" tile per plans and spec's. Some existing tile to remain. • Replacing all cove base located in the natatorium. This includes all columns and perimeter cove base. • Work includes all abatement costs. • Work includes all labor & material. 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 May 2, 2017, at Edora Pool & Ice Center (EPIC), 1801 Riverside Ave, Fort Collins. Please meet in the pool area at the northeast corner of the pool. 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, Ethan Cozzens, at (970) 221-6273 or ecozzens@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Buyer at (970) 221-6777 or edale@fcgov.com. All questions not addressed at the prebid, must be submitted in writing via email to Ethan Cozzens , with a copy to Elliot Dale, no later than 5:00 PM our clock on May 4, 2017. Questions received after this deadline will not be answered. The Contract Documents and Construction Drawings may be examined online at http://www.bidnetdirect.com/colorado/city-of-fort-collins Bids will be received as set forth in the Bidding Documents. Letford, Milliken Elementary, Milliken Middle Schools -2.Imillion - Remodel of existing space and addition of classrooms, cafeteria and gymnasium. Lakewood Senior High _ 4 million - Renovation of electrical and mechanical systems. Crossroads Sofehouse - $.3 million - Addition of new housing wing. Assisted on the following projects as a Project Engineer Streets Maintenance Facility 3 million 4 Renovation of a Historical Beet Plant into City of Fort Collins Streets Maintenance Facility. Mapleton Schools -B.7 million - Remodel and additions of six elementary schools 0 Hensel Phelps Construction May 1989 - February 1992 One of the leading Contractors in the United States. This position created a strong base on which to build my career. During this time I worked in the following positions and projects learning the basics of construction: Office Engineer, Southern California District Office AR Toponga Mall Renovation-35milhon `Remodel of existing mall while operational. Estimator, Southern California District Office " Worked as junior estimator on hard -bid work, ranging from office buildings to waste water treotment facilities. Field Engineer United Airlines Hanger -100 million ` Denver, CO Natural Resources Building ` 102 million - Olympia, WA Poudre Valley Hospital Addition - 30 million " Fort Collins, CO Colorado Convention Center' 90 million " Denver, CO Certificates and Licenses __ Class A General Contractor for Larimer County ■ Class A General Contractor for City of Loveland, CO ■ Class B General Contractor for Town of Windsor, CO ■ Class A General Contractor for City of Broomfield, CO ■ Class A General Contractor for County of Douglas, CO ■ Class B [CC Certification for the City of Denver Education Colorado State University, Fort Collins, Colorado B.S. Construction Management, May 1990 Computer Skills Primavera (Suretrack and P3) -MS Project - MS Word ` Excel ` Timberline Estimating Timberline Project Management - Outlook - Sage 100 Project List Willing to provide upon request. 3780 N. GarfiekJ Ave., Ste. 101 Loveland, CC 80538 Office: 970.635.3534 Fox: 970.635.3537 vrivay.OSConstrutt ors.com WORKING TOGETHER TO BUILD THE FUTURE Robert Rigg Operations Manager ` 18 Yrs In Construction ` 14 Yrs. as Superintendent ` 4 Yrs Protect Management Profile Robert's experience with secure site projects, working in occupied buildings and owner coordination have resulted in successful projects completed safely, on time and with minimal impact to adjacent areas and the nearby public. His strong focus on communication and scheduling create a seamless transition between major project milestones allowing for maximum owner occupancy while still maintaining schedule and budget. Professional Background DS Constructors, LLC June 2014 - Current Superintendent Fort Collins EPIC Pool Renovation Platteville Beebe Farms PLR Maintenance Building- new 5,160sf new maintenance building. Fort Collins Fusion Night Club - Remodel of 5500sf space down town Fort Collins to serve as a night club and Zumba studio. UNC Kepner Replacement Remove and replace the existing fire alarm system in a historic building. UNC Kepner Hall Upgrades 70,000sf - providing new fire sprinkler protection in a historic building. Greeley Right Coast Pizza - 2,266sf - Renovation of an historic building to a pizza restaurant and apartments. CSU B-Barn Replacement - ` 502 thousand " 5500sf - Replacing the old damaged barn with a new 20 stall barn. Select Energy July 2013 - June 2014 Superintendent / Supervisor ® DS Constructors, LLC April 2012 -July 2013 Superintendent CSU Forestry Steam and Condensate Line Replacement ^ 137 thousand " Remove and replace exterior Steam supply and condensate lines, demo and upgrade steam service in mechanical room. CSU UPS -Backup Generator ` 256 thousand - install diesel backup generator, UPS and Flywheel system for existing Data Center without interruption to service. CSU Edwards Hall Bakeshop — 190,382 Installation of a new gluten free bakeshop in an existing space. All new plumbing and gas service was brought in to service the new bakeshop, a complete kitchen equipment and cooler package was installed all while the adjacent bakeshop was fully operational 7 days a week. CSU Ingersoll Office Remodel _ 29,000 — Remodel of existing dorm hall front office. Carpet, millwork, new acoustical ceiling, electrical was installed. An existing CMU wall was sowcut and trimmed out for the installation of a new 200 unit mailbox. -' Loveland Liquor Max Addition — 190,000 ` A new drive thru addition was added to on existing structure. New steel framed building was tied into the existing steel building, new sanitary service installed, upgraded electrical service was installed and a new drive area concrete paved all while the building and business was fully occupied and operational. Longmont Civic Center Elevator ` 289,200 — A new elevator and shaft was installed between three adjacent and connected buildings. All work took place while the public building was fully occupied and operational. CSU Aylesworth C102 Remodel — 78,500 — Existing CMU, glass and steel framed walls were removed, new exit hallways framed, new wall and floor coverings, new acoustical ceiling and custom shelving. Premier Paving Inc. October 2010 — April 2012 Project Manager / Superintendent West Chatfield Ave —3.2 million — Re -design and modification of West Chatfield Ave including the addition of two lanes of thru troffic and turn lanes. Several MSE Walls ranging in height from 3' to 14' and up to 250' in length. Cut over 2,000CY yards of dirtfrom roadway, Install Y. of a mile of CIP walls with Form Liner expanding box culverts and drainage ponds. Fast Tracks/Light Rail — RTD- Oversee paving and Grading for new Federal and Sheridion BLVD interchanges with the west rail project. Completed over 10 miles of paving and grading in a 5 month time period while keeping roadways open to residences and businesses. Heath Construction Superintendent October 2009 ` October 2010 Dormitory remodeling at F.E. Warren Air Force base: Remodel scope included demo of all interior walls and windows, pouring new floor slabs without altering any of the historical aspects of building. Hewlett Packard Fort Collins: Campus work including remodel of clean rooms, demo of old storage D areas in tunnels, pour pads for new equipment. King Soopers #26 $489,000.00-Complete Complete store remodel including a complete re -design of store entrance and pharmacy. Set Roof Top units and supports while never closing the store to customers. IGC Management April 2008 — October 2009 Project Manager / General Superintendent Complete overlot and grading for a Big Boys Toy Storage yard in Gillette, Wyoming. Vertical work was done during the winter months and required use of tenting and other heating structures. Development of 62 twin Home Lots and 23 single Family lots in Sawgrass Estates: Work included dewatering of site for over 2 months so underground and import work could be completed. Gillette Wyoming, Design Build of a Daycare for private entities in Gillette, Wyoming. Overlot and underground utility installation for Arial Apartment Lot S: Work included taking raw land and developing it for 18 4plexes. Built a 2,800SF home for Family. Home had 11' ceilings, 8' doors, heated flooring, hot tub area, entertaining patio with reflection ponds and terraces. 1.2million Seeding Project for WYDOT along 1-80. Work was completed in two phases due to winter conditions and required traffic pattern alteration. Consolidated Divisions Inc. November 2007 — April 2008 Project Manager Complete seeding and Ersoion Control on Coyote Creek Golf Course which included deepening detention ponds by 15', installing bentonite liners, and installing grouted rip rap at outlet structures. Coe Construction Inc. Superintendent June 2007 — October 2007 Complete office tenant improvement for two separate realty company locations. Demo and Remodel of Bergen Park Office Suites- Remodel of 24,000SF old telecommunication building repurposed into office spaces. Scope included Demo of existing bathrooms, data rooms, conference rooms, offices, mailrooms, storage rooms. Front entrance was altered to meet current A.D.A. requirements. EAI West Inc. Project Manager February 2007 "June 2007 Construction and installation of Water Storage Tanks in Ranchester, Wyoming/Pueblo, Colorado/Mancos Creek, Colorado/ Salida, Colorado/Debeque, Colorado/Rifle, Colorado. Projects range in Dollar amounts from $50,000 to $350,000. Anderson Construction Superintendent November 2006 — February 2007 New Grease Monkey Service Center in Sterling, Colorado. Project required continual dewatering due to extremely shallow water table. Foundation consisted of a 3' thick slab with #iS reinforcing both ways in 3 mats. Foundation Walls were 18" thick with #t5 reinforcing in both directions, 12" O.C. Project was delivered on time and within budget despite weather and environmental delays. Hall Irwin Corporation Superintendent October 2004 " August 2006 Reclamation of 40 housing developments for KB homes, Richmond Homes and Centex Homes. Callahan Construction Supervisor February 1998 ` August 2004 GASES Commerce City Warehouse — Demolished existing sales building and constructed new building with a warehouse addition. I� Arrow Stage Lines Bus Terminal 6.3 Million- Demo old Warehouse and home, de -contaminate site, re -grade entire site, build a S bay shop with wash bay and storage room, and construct an attached 2 story office addition. Building was Steel and CMU Block Frame with Metal roof. Colorado State Patrol Trooper facility at HWY 2 and 1-76. Building was steel frame with CMU Fa4ade. Education Fork Lift Training K. OSHA 30hr Certification OSHA 10hr E CDOT Erosion Control Supervisor Training MDC National Superintendent Training 8 Caterpillar Skid Steer and Backhoe Training It, CPR Training 811 Confined Space Entry Training Cathodic Protection Certification -J Power Actuated Tool Certification to I.C.0 Class A Contractors License ■ Noble Energy Safety Courses ■ Trenching and Excavation Training Computer Skills Primavera (Suretrack) "MS Project " MS Word — Excel ` Outlook References Willing to Provide Upon Request 3780 N- Garfield Ave., Ste. 101 Lavetand, CO 60530 ^N Office: 970.635.3534 Fax: 970.635.3537 COIVSTRUCTOR5 IS L wwwJ3SConetructare cam WORKNG TOGE771Eft TO BUILD THE FUTURE .w. o D Drew Gelroth Project Manager, Project Engineer, Assistant Superintendent 6 Yrs. Construction Experience - Project Manager/Project Englneer - 1 Yr. Assistant Prolect Manager - 3 Yrs. Field Profile A skilled professional with experience in the field of construction as well as versed in computer technology related to the construction industry. Has the ability to work effectively in team building situations where a strong sense of communication and coordination allow for projects to be completed on time and on budget. Professional Background DS Constructors, LLC March 2014 — Current Project Manager/Project Engineer/Assistant Superintendent 4Rivers Equipment, Maintenance Shop Building Expansion (March 16' — December 16') Addition of a 12.000 square -foot, new pre-engineered maintenance expansion onto their existing maintenance shop. New expansion included installing fifty drilled piers to support the foundation, new plumbing, heating, and site work. Also, includes two 10 ton overhead crane and ten 20'x20' overhead doors. The site -work on the project included hauling in over 20 tons of new ballast rock material to provide site stabilization and a permanent road base for the property. 'd CSU Four Building Fire Alarm Upgrades Phase II (December 15' — December 16') Phase II of the C5U Fire Alarm Installation included an installation of a state of the art fire alarm system in four fully occupied buildings on CSU's Main Campus including; Molecular & Radiological Biosciences, Center for the Arts, Administration, and Glenn Morris Field House. Main highlight of the project " included installing an air sampling system (FAAST) at Glenn Morris Field House over the university pool. O O A, CSU Three Building Fire Alarm Upgrades (Nov 14' —Sept. 15') O c, Three buildings upgrade of existing fire alarm system. Buildings included in the O project are Weber, Pathology, and Vocational Education. Project included installation of new fire alarm system and demo of existing system. New Fire Alarm O Control Panel for each building, along with upgraded smoke/heat detection devices _and _10D% full notification and detection throughout each individual building. O C. 0 • Project Highlights: • Weber - Installation of two sets of new 90 minute fire rated doors and hardware. • Pathology - Worked in a clean environment area due to animal sterilization and testing. Took steps to effectively work with and around an occupied clean room. Longmont Youth Center Elevator Replacement (Aug 14' - Dec. 14') 9,000 SQ. FT. Replacement of an existing accessibility/elevator lift system to accommodate new upgraded lift system. New lift requires shaft modifications, HVAC work, and rerouting of a gas line. Colorado State University, Visual Arts (March 14' -Jun 14') 93,000 SQ. FT. Replacement of existing fire sprinkler system designed for adequate fire protection throughout the entirety of the building. New fire sprinkler main line ran underground and into new building. Remodel of 10,000 square feet of office space including HVAC reconstruction, electrical, and ceiling replacement. Also, includes finishes on 15 new office spaces. Colorado State University Construction Services January 2013 " September2013 Assistant Project Manager Assistant Project Manager Responsibilities included overseeing subcontractor work, monitoring scheduling updates, safety management, quality control, assisting with client meetings, and running projects. Rockwell Business Window Replacement - Replacement of all 250 existing windows with new thermal insulated windows. Created the project schedule and oversaw the subcontractor work on a daily basis. Chemistry B101 ` Remodel of chemistry lab, included removing existing equipment, adding electrical supply to support new laser lab table for chemistry projects, installation of new air handling units, painting, installing new cabinetry. Hughes Stadium - Remodel of stadium suites at Hughes Football Stadium. Added custom seating, bench rails, custom counter space, and paint to 20 new suites. Microbiology Roof Replacement - replaced existing roof, raised roof curb, re-routed electrical power allowing for lab space to add new generators to the building, and designed new storm drainage system adequate for new roof. -CClark A/B/C - remodeled all bathrooms in the Clark building wings. Completely gutted all bathrooms, added new tile work, countertops, all bathroom fixtures, and created a handicap accessible bathroom on each floor of building. Clark Liberal Arts Department - Remodel of entire Liberal Arts Office, 3000sf of space gutted, added reliable electrical supply, new furniture, paint, and custom woodwork. f - - Three B Construction May 2005 `June 2008 General Laborer Castle Rock Residential — Worked alongside supervisor to remodel and construct residential homes, Worked in all aspects of residential from roofing, flooring, framing, and landscaping. Got to work on custom houses to create a wide variety of new cabinetry, flooring, paint, etc. Certificates and Licenses OSHA 30-Hour Certified, General Construction OHSA 10-Hour Certified Education Colorado State University, Fort Collins, Colorado B.S. Construction Management, December 2013 Extended Education Fred Pryor Training Classes: v Basics of Accounting o Preparation of Budgets o Approaches to Budgeting o Budget Management o Supervisory Requirements o Microsoft Excel; Beyond the Basics Computer Skills Onscreen Takeoff — Blue Beam ` Sketch Up — MS Project " Excel ` MS Office " Primavera (P6) Sage ` SureTrak Scheduling Software' Outlook " ISQFT References Will provide upon request J r� 378D N. Garfield Ave., Ste. 101 •J Loveland, CO 13053ft Office: 970.535.3534 Fax: 9 70.635.3537 J Cnnisrlaillrr>oa5 1 r www.OSConstructors cnm ^� WORKING TOGETHER TO BUILD THE FUMIRE ^J J Business: DS Constructors, LLC n ..1 Established: September 2008 Estimated Annual Sales: 6.5 Million Type of Business: General Contractor DBA: DBA Women Owned / Small Business President and Point of Contact: V ;J Status: Limited Liability Corporation Business Street Address: 3780 N. Garfield Ave., Ste 101, Loveland, CO 80538 Regular Business Hours: 8:00am — S:OOPm Monday Thru Friday. Current Number of Employees: 10 Melinda Denney / President mdennevlEDdsconstructors.com Office: (970) 635-3534 Fax: (970) 635-3537 Mobile: (970) 556-7295 Banker References: Home State Bank Z) 935 N. Cleaveland Ave Loveland, CO 80537 �i J Bonding Agent: Olson & Olson, LTD. 5655 S. Yosemite, Street #200 Greenwood Village, CO 80111 CPA References: Bauerle and Company 7687 E. Belleview Ave., Ste 700 Denver, Co S0111 Contact: Bob Clancy / Vice President Phone: (970) 613-2166 Fax: (970)667-0745 Contact: Lance Olson / President Phone: (303) 867-2055 Fax: (303) 867-2074 Contact: Scott Bauerle / President Phone: (303) 759-0089 Fax: (303) 759-2189 DS Constructors, LLC Licenses Licenses: Larimer County City of Fort Collins, Colorado CL-0496 Class A #A-115 Class A General Contractor General Contractor City of Loveland, Colorado City of Longmont, Colorado #3790 Class A CL-20130807 Class B General Contractor General Contractor Town of Windsor, Colorado County of Douglas, Colorado BL003985-Business License #A130121 Class A General Contractor General Contractor City of Brighton, Colorado City of Boulder, Colorado CL-10219 Class A #0010388-08 Class B General Contractor General Contractor City and County of Broomfield, Colorado City of Louisville OL-14-10688 Class A CL02785 Class B General Contractor General Contractor Town of Platteville C16-009 GC General Contractor The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. 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 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 90%a of the contract. ITEM Demolition Abatement Tile 4 SUBCONTRACTOR w �_ SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: June 23, 2017 TO: DS Constructors, LLC PROJECT: 8531 EPIC Pool Deck Tile Replacement OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated May 12, 2017 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8531 EPIC Pool Deck Tile Replacement. The Price of your Agreement is One Hundred Sixty Nine Thousand. Four Hundred and Thirty Four dollars ($169,434), which is the sum of your base bid provided on the revised bid dated June 20, 2017 and Alternate 2 deduct. 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 July 10, 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 Contest Documents attached. OWNER By: Gerry RW Purchasing Director SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 2P day of June 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 DS Constructors. LLC (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 8531 EPIC Pool Deck Tile Replacement and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by the City of Fort Collins, PO Box 580, Fort Collins, CO 80522 and Davis Partnership Architects, 2901 Blake Street, Suite 100, Denver, CO 80205, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within Nineteen(19) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within Five (5) calendar days after Substantial Completion. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the Nineteen (19) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Two Hundred Fifty Dollars ($250.00) for each calendar day or fraction thereof that expires after the Five (5) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Hundred Sixty Nine Thousand, Four Hundred and Thirty Four dollars ($169,434), 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: N/A The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no OWNER: 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. LLINS By: - GE RY PV PURCHAS G DIRECTOR Date: Z CONTRACTOR: DS CONSTRUCTORS, LLC PRINTED Title: �Y 4, ........ 0.. Date: Attest: City Clerk �� IF�A cvLUF, ; Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Approved as to Form Ass1fant City Attorney I I SEAL GRATE SEA M-INN't M4.1"211' r � Address for giving notices: CiL License No.: L «� SECTION 00530 NOTICE TO PROCEED Description of Work: 8531 EPIC Pool Deck Tile Replacement To: DS Constructors, LLC 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: DS Constructors, LLC 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 00100 INSTRUCTIONS TO BIDDERS SECTION 00610 PERFORMANCE BOND Bond No KNOW ALL MEN BY THESE PRESENTS: that DS Constructors, LLC 3780 North Garfield Ave., Suite 101 Loveland, CO 80538 106726969 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the 'Principal' and (Firm) Travelers Casualty and Surety Company of America (Address) One Tower Square S102B, 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 One Hundred Sixty Nine Thousand Four Hundred and Thirty Four dollars ($169,434) 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 23rtl day of June 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, 8531 EPIC Pool Deck Tile Replacement. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 29thday of June 2017 IN PRESENCE OF: Principal �icl Eh v 11Jd DS Constructors, LLC (Title) G . .p (Title) (Corporate Se SE a r ? 3780 N. Garfield Ave, Ste 10 , Loveland, CO 80538 `�L f (Address) IN PRESENCE O �LpD, Other Partners By: By: IN P ESENCE OF: Sur Travelers Casualty and Surety Company of America By: Attorney -in -fact �� One Tower Square S102B Hartford, CT 06183 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00615 PAYMENT BOND Bond No. 106726969 KNOW ALL MEN BY THESE PRESENTS: that IDS Constructors, LLC 3780 North Garfield Ave., Suite 101 Loveland, CO 80538 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Travelers Casualty and Surety Company of America (Address) One Tower Square S102B, 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 One Hundred Sixty Nine Thousand. Four Hundred and Thirty Four dollars ($169.434) 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 2V day of June 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, 8531 EPIC Pool Deck Tile Replacement. 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 which shall be deemed an original, this 29tn day of June IN PRESENCE OF: (Title) (Corporate IN PRESENCE I PRESENCE OF: `) (Surety Seal) SEAL, Principal DS Constructors, LLC 20--J 7 (Title) 3780 N. Garfield Ave., Ste 101, Loveland, CO 80538 (Address) Other Partners By: By: Suret Travelers Ity and Surety Company of America By: ttomey-in-fact One Tower Square S1026 Hartford CT 06183 (Address) NOTE: Date of Bond must not be prior to date of Agreement. 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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 Vice 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 inthe 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 Attorneys -in -Fact and Agents pursuant to thepower 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 Attomeys-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 hand and affixed the seals of said Companies this day of 20 LT Kevin E. Hughes, Assistant Seciftary 0,41 s ,�. (.q JSV 1M34ps ,J'�iv flips Vp SWI�y r "'V � m £ �py0R5l� I wmroro. ��xtarFaaa S n'm'°ucm �yScNc ;Ofi 1951 ; E ! �L /�, I ��AHtdr`- 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. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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 CERTIFICATE OF LIABILITY INSURANCE r;,Q;,� 7 °"r"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER )ISOn & Olson Ltd 5655 S. Yosemite St. #200 3reenwood Village CO 80111 INSURED DS Constructors, LLC 3780 N. Garfield Ave., Ste 101 Loveland CO 80538 DSCON-1 COVERAGES CERTIFICATE NUMBER: 1341090175 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF MM/DDNYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY TRA5154002 1/1/2017 1/1/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES fEa gccuffenceL__$500,000 x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX7 OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000 000 $ POLICY FXI PRO- LOC A AUTOMOBILE LIABILITY TRA5154002 1/1/2017 1/1/2018 Ea acciden 1,000000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED IxX MIRED AUTOS x AUTOS PROPERTYDAMAGE ides $ A X UMBRELLA LIAB X OCCUR TRA5154002 1/1/2017 1/1/2018 EACH OCCURRENCE $5,000.000 AGGREGATE $5,000.000 EXCESS LIAB CLAIMS -MADE DIED I xI RETENTION$0 $ 8 WORKERS COMPENSATION 4130202 1/1/2017 1/1/2018 X WCSLIMIT OR AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? N❑ (Mandatory in NH) N / A E.L. EACH ACCIDENT S500,000 E.L. DISEASE - EA EMPLOYEE S500,000 E.L. DISEASE - POLICY LIMIT S500.000 0 yes, describe under DESCRIPTION OF OPERATIONS below C Pollution Claims -Made Form 2088389111 1/1/2017 1/1/2018 Per Claim 1,000.D00 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder and those listed below (if any) are Additional Insureds as respects General Liability and Umbrella Liability on a Primary and Non -Contributory basis, and Auto Liability only if required by written contract or agreement and coverage applies only as respects work performed by the Insured for the Additional Insureds. All coverage terms, conditions, and exclusions of the policy apply. The Worker's Compensation, General Liability, Auto Liability, and Umbrella Liability policies include a Waiver of Subrogation in favor of the Additional Insureds only if required by written contract or agreement. 8531 EPIC Pool Deck Tile Replacement. City of Fort Collins Financial Services Purchasing Division PO Box 580 Fort Collins CO 80522-0580 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 U 1988-2010 ACORU cUKFUHA I IUN. An rignts reservea. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 8531 EPIC Pool Deck Tile Replacement LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins CONTRACTOR: DS Constructors, LLC CONTRACT DATE: June 23, 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 DA REMARKS: AUTHORIZED REPRESENTATIVE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: DS Constructors, LLC Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by IDS Constructors, LLC for the City of Fort Collins project, 8531 EPIC Pool Deck Tile Replacement. 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 June 23, 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 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 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: IDS Constructors, LLC (CONTRACTOR) PROJECT: 8531 EPIC Pool Deck Tile Replacement 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: DS CONSTRUCTORS, LLC 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: DS Constructors, LLC PROJECT: 8531 EPIC Pool Deck Tile Replacement CONTRACT DATE: June 23, 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) By: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (08130113) COLORADO DEPARTMENT OF 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 apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become apart of the structure, highway, road, street, or other public works owned and used by the exempt organization. Departmental Use Only Illlllllllllllllllllll�llllllllullll�ll Illidllllll 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) 89- Period (mmnr-mmnv)p Contractor Information Trade name/DB4 Owner, partner or corporate last name First Name Middle Initial Meiling Address City State Zip E-Mail Address F EI N Bid amount for your contract Faunurnber Business Phone number Colorado withholding tax account number Exemption Information Copies of contract or agreement page, I entifying the contracting parties, bid amount, type of work, and signatures of contracting parties must be attached Name of exempt organization (as show on contrail) Exe98 mpt organization's number Address of exempt organization City State Zip Principal contact at exempt organization -Lest Name First Name Middle Initial Physical location or project site (give actual address when applicable and Cifies and/or County (ies) where project is located) City State Zip Principal contact's telephone number Scheduled construction start date (mmcc/YY) p Estimated completion date (mmobnv)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 (Mnmoarv) 0 (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 �f 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 shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number 3 Tit lc TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS......................................................1 1.1 Addenda ............................................. ) 1.2 Agreement .......... .............................. J 1.3 Application for Payment.......................1 1.4 Asbestos.............................._.............J 1.5 Bid..............................._....................1 1.6 Bidding Documents .............................1 1.7 Bidding Requirements .........................I 1.8 Bonds .................................................) 1.9 Change Order ..................................... I 1.10 Contract Documents ............................I 1.11 Contract Price_„ ................................. 1 1.12 Contract Times .................................... ] 1.13 CONTRACTOR1 1.14 defutfve.............................................) 1.15 Drawings ............................................ ) 1.16 Effective Date of the Agreement ........... 1 1.17 ENGINEER........................................I 1.18 ENGINEER's Consultant ......................1 1.19 Field Order .......................................... 1 1.20 General Requirements .........................2 1.21 Hazardous Waste.................................2 1.22.a Laws and Regulations Laws or Regulations ....................................... 1.22.b Legal Holidays....................................2 1.23 Liens..................................................2 1.24 Milestone............................................2 125 Notice of Award .................................. 1.26 Notice to Proceed ................................. 2 1.27 OWNER.............................._.............2 1.28 Partial Utilization ............................... 2 1.29 PCBs .............................. ........... 1.30 Petroleum...........................................2 1.31 Project ............................. ................. 7 1.32.a Radioactive Material, ........................... Z 132.b Regular Working Hours.......................2 1.33 Resident Project Representative ,........... 2 1.34 Samples..............................................2 1.35 Shop Drawings ............................... 2 1.36 Specifications_ 1.37 ..................................2 Subcontractor.....................................2 1.38 Substantial Completiort.......................2 1.39 Supplementary Conditions...................2 1.40 Supplier ..............................................2 1.41 Underground Facilities....................2-3 1.42 Unit Price Work .................................. 1.43 Work..................................................3 1.44 Work Change Directive .......................3 1.45 Written Amendment ...........................3 Page Number PRELIMINARY MATTERS................................3 2.1 Delivery of Bono ............................3 22 Copies of Documents ........................3 2.3 Commencement of Contract Times; Notice to Proceed...............3 2.4 Starting the Work ........................... 3 2.5-2.7 Before Starting Construction; CON'IRACTOR's Responsibility to Report; Prelim inary Scheddes Delivery of Certificates of Insurance ................................... 3.4 28 Prcconstructicn Conference,,,,,,,,,,,,, 4 2.9 Initially Acceptable Schedules.,,,.,,,,,4 3. CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE.........................................4 3.1-3.2 Intent ......................... .................. 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3A Intent of Certain Terms or Adjectives ..................................... 5 3.5 Amending Contract Docunents,........ 5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Documents ........................ 5 AVAfLABMITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS. REFERENCE POINTS ..................................... _5 4.1 Availability of Lands.....................$-6 4.2 Subsurface and Physical Conditions,_ ................................. 6 4.2.1 Reports and Drawings......................0 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data............................................ 6 4.2.3 Notice of Differing Subsurface or Physical Condition;,,,,,,,,,,,,,,,,,, 6 4.2.4 ENGINEER's Review.......................6 4.2.5 Possible Contract Documents Change..................... _..................6 4.2.6 Possible Price and Times Adjustments...............................4-7 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„............................7 EJCDC GENERAL CONDITIONS 1910.9 t199a EOMOM w/ CITY OF FORT cOLLINB MolamcAmoNS atEv 9M9) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 41 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 Bands ............................................... 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Documents ........... 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 OWNER's Liability Insurance ............... Submittals, .................................. 17 5.6 Property Insurance ..........................9-10 6.29 Continuing the Work ..................... 17 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General ticnal Property Insurance„...............10 Warranty and Guarantee .............. 17 5.8 Notice of Cancellation Provision ......... 10 6.31-6.33 IndemnificatioA ............... ......... 17-18 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations ...................38 for Deductible Amouncs...................10 5.10 Other Special Insurance .....................10 7. OTHER WORK.................................................38 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 Coordinatioat.................................18 Insurance Proceeds .....................10-11 5.14 Acceptance of Bonds and Ins%- 8. OWNERS RESPONSIBILITIES .........................18 ance; Option to Replace ...................11 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR.................................18 Insurance........................................11 8.2 Replacement of ENGINEER ........... 18 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES ...............I I When Due.. .............. .................. 18 6.1-6.2 Supervision and Superintendencq....... 11 8.4 Lands and Easements; Reports 6.3-6.5 Labor, Materials and Equipment.,, I1-12 and Tests...............................18-19 6.6 Progress Schedule..............................12 8.5 Insurance................................, . 19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders...............................19 CONTRACTOR's Expense; 8.7 Inspections, Tests and Substitute Construction Approvals...................................19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER's Evaluation 12-13 Terminate CONTRACTOR's 6.8.6.11 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 ...... ,............. ;9 6.15 Tares...........................................14-15 8.11 Evidence of Financsl 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 ....................1546 9.1 OWNER's Representative ................ 19 6.21 Safety Representative ............... ....16 9.2 Visits to Site... ............................... 19 6.22 Hazard Communication Program* ...... 16 9.3 Project Representative ,,,,,,,,,,,,,,,19-21 6.23 Emergencies.....................................16 9A Clarifications and Interpre- 6.24 Shop Drawings and Sam pleg..............16 tations,........................................ 1 9.5 Authorized Variations in Vbrk........ 1 EJCDC GENERAL CONDITIONS 1910.9 (1990 MI ION w/ aTY OF FORT COLLINS MODIFICATIONS (FtEV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work...................21 9.7-9.9 Shop Drawings, Change Orders and Payments ............. _...... ... .... 21 9.10 Determinatims for Unit Prices...... 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter..............22 9.13 Limitations onENGINEERs Authority and Responsibilitieq.... 22-23 CHANGES IN THE WORT: ....................................... 23 10.1 OWNER's Ordered Change................23 14, 10.2 Claim for Adjustment ........................23 10.3 Work Not Required by Contract Documents ................. ................ 23 10.4 Change Orders.................................23 10.5 Notification of Suray.........................23 CHANGE OF CONTRACT PRICE .............................23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work ................................... 23-24 11.4 Cost of the Work ..........................24-25 11.5 Exclusions to Cast of the Work .......... 25 11.6 CONTRACTORS Fee ........................ 25 11.7 Cost Records.................................25-26 11.8 Cash Allowances...............................76 11.9 Unit Price Work................................26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment.......................26 12.2 Time of the Essence ..........................26 12.3 Delays Beyond CONTRACTOR's Control ...................................... 26-27 12.4 Delays Beyond OWNER's and CONTRACTOR's Control27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEC77T'E WORK.................................................27 13.1 Notice of Defects...............................27 13.2 Access to the Work ..... ..................... 27 13.3 Tests and Inspections; CONTRACTOR's Cooperation .......... 27 13.4 OWNER's Responsibilities; Independent Testing Laboratory-..-,-, 27 13.5 CONTRACTOR's Responsibilities...............................27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval.................27 13.8-13.9 Uncovering Work at ENGI- NEER's Request... .................. ;7-28 13.10 OWNER May Stop the Work .......... 28 13.11 Correction or Removal of Defective Work ...........................28 13.12 Correction Period. -,,,,.„,,,,,,,,,,,,,,,,,28 13.13 Acceptance ofDefectine Work ......... 28 13.14 OWNER May Correct Defective Work.....................................28-29 PAYMENTS TO CONTRACTORAND COMPLETION.................................................29 14.1 Schedule of Valuck........................29 14.2 Application for Progress Payment..................................... 29 14.3 CONTRACTOR's Warranty of Title...........................................29 14.4-14.7 Review of Applications for Progress Payments ................. 29.30 14.8-14.9 Substantial Completion,,,,,,,,,,,,,,,,,, 30 14.10 Partial Utilizatiort .....................30-31 14.11 Final Inspection .............................31 14.12 Final Application for Payment„-,,,,,31 14.13-14.14 Final Payment and Acceptance ....... 31 14.15 Waiver of Claims ......................31-32 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 15.1 OWNER May Suspend Work,,.,-,,,,.32 15.2-15.4 OWNER May Terminate................32 15.5 CONTRACTOR May Stop Work or Terminate. ................32-33 16. DISPUTE RESOLUTION .................................. 33 17. MISCELLANEOUS ............................. ............. 33 17.1 Giving Notice ................................ 33 17.2 Computation of Times. ................... 33 17.3 Notice of Claim..............................33 17.4 Cumulative Remedies 33 17.5 Professional Fees and Court Costs Included, ............................33 17.6 Applicable State Laws... ............. 33-34 Intentionally left blank......................................35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement .....................9C-AI 16.1-16.6 Arbitration..............................qC-AI 16.7 Mediation, .............................. OC-Al EJCDC GENEKAL CONDITIONS 1910-8 (1990 EDITION) w/ QTY OF FORT COUINS MODIFICATIONS (REV 9199) 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. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 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 ......................................... 93Z 14.15 insurance ..5.14 other work, by CONTRACTOR 73 Substitutes and "Or -Equal" It=*,, .................... §. 7.1 Work by OWNER ..............................2.5, 6.30, 6.34 Access to the -- Lands. OWNER and CONTRACTOR MSponsibilitics ............................................. 4.1 site, related Work 7.2 Work . .......................................... U.") 13.14,14.9 Acts or Omissions-, Acts and Omissions- CONTRACTOR.........__...........6.9.1.9.13.3 ENGINEER ............ ..... ................ ...... 6.20.9.13.3 OWNER......... .......................................... 0.20,8.9 Addenda --definition of (also see definition of Specifications) .......(1.6,1.10,6.19),1.1 Additional Property Insurances ................................. 5.7 Adjustm ents-- Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2,4.5.2, ....................... ..... :4.5.3,9.4,9.5, 10.2-10.4, .........................................11. 12. 14.8. 15.1 progressschedule .............................................. 6.6 Agreement -- definition of ............................. . ....................... ).2 "All -Risk" Insurance. policy fcm ...........................5.6.2 Allowances, Cash ....................................................11.8 Amending Contract Docurnent$ ................................ 3.5 Amendment, Written -- in general ................1.10, 1.45,3.5, 5.10, 5.12, 6.6.2 .......................... 4.8.Z 6.19.10.1, 10.4,11.2 ....................................12.1. 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ......................... 9. 10. 9.11. 10.4. 16.2. 16.5 Application for Payment - definition of ......................................................1.3 ENGINEER!s Responsibility ............................... 9.9 final payment .... 4_4__ 4.9.134 4, 9.13.5, 14.12-14.15 in general ..........................2.8. 2.9. 5.6.4. 9.10, 15.5 progress payment ......................... _ .......... 14.1-14.7 review of.................................................114.4.14.7 Arbitration .................. ....................... 16.1-16.6 Asbestos - claims pursuant thereto ..........................4.5.2.4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of ................................................ ...... 1.4 Article or Paragraph Number OWNER responsibility for ............................ A.S. 1, 8.10 possible price and times changq ........................ 4.5.2 Authorized Variations in Wcr$ ......... 1.6, 6.25, 6.27, 9.5 Availability of Lands .......................................... 4.1,8.4 Award, Notice of --defined, ......................................1.25 Before Starting Construction .............................. 2.5-19 Bid -definition of .........................1.5 (L 1. 1. 10, 2.3. 3.3. ..... - ............ 4.2.6.4. 6.13. 11.4.3. 11.9.1) Bidding Documents --definition Of 1.6(6.8.2) Bidding Requirements -definition Of ...... I ...... I ............... I ......... 1.7 (1.1, 4.2.6.2) Bonds -- acceptance of ....................................................5.14 additional bonds ..................................10.5. 11.4.5.9 Cost of the Work .............................................11.5.4 definition of 1.8 delivery of ...................................................2.1, 5.1 final Application for Payment,,,,,,,,,,,,,,,, 14.12-14.14 general ......................................1.10, 3.1-5.3, 5.13, ... I ........................ ........... 9.13,10.5,14.7.6 Performance, Payment and Other .................. 5.1-5.2 Bonds and Insurance --in general .................................5 Builder's risk "all-risk" policy form k ........................ 542 Cancellation Provisions, Insurance,-.,-,,, 5.4.11, 5.8. 5.15 Cash Allowances, ................................................... )1.8 Certificate of Substantial Completiort ........ 1.38.6.30.2.3. .................................................. 14.8,14.10 Certificates of Inspectiork ........... __ ... -P,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, 9.114, 14.12 Change in Contract Price - Cash Allowances ............................................... M8 claim for price adjustment....--..---. A.I. 4.16.4.5. 515.6.8.2. 9.4 .................... 9.5. 9.11, 10.2, 10.5. 11.2, 13.9, ....................... 13.13, 13.14, 14.7, 15.1, 15.5 CONTRACTORsfee 11.6 Cost of the Work general ................ ........................... 11.4-11.7 Exclusionsto ..............................................11.5 Cost Records .....................................................11.7 in general ............. ).19,1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing ..........................................11.3.2 Notification of Surety ........................................10.5 Scope of ................................................... JO.3-10.4 Testing and Inspection, Uncovering the Work ..................................13.9 E)CDC OENMAL CONDITIONS 1910 -9 (1990 EDITION) w/ CITY OF FORT COLONS MODMCATIONS (REV 9/99) 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, ............ 6.8.2, 9.4, 9.5, 9.11, 10.2. 10.5, 12.1. ... *"*"* ..... 13.9, 13.13, 13.14,14.7. 13.1, 15.5 Contractual time limit; ..................................... 12.2 Delays beyond CONTRACTORs control........................................................12.3 Delays beyond OWNERS and CONTRACTOR's control .............................12.4 Notification of surety ........................................10.5 Scope of change. ....... ...... .................... 10.3-10.4 Change Orders -- Acceptance otDefective Work .......................... 13.13 Amending Contract Document$ ..........................3.5 Cash Allowances, ..... ......... .............................. 11-8 Change of Contract Price .....................................I I Change of Contract Timc4 ...................................12 Changes in the Work ..........................................10 CONTRACTORsfee 11.6 Cost of the Work ....................................... 11.4-11,7 Cost Records .................................................... 11.7 definition ot 19 emergencies .....................................................0.23 ENGINEER's responsibility. . ..... 9.8,10.4,11.2,121 execution of .....................................................10.4 lndemnifictio'''' ....6.16, 6.31-6.33 Insurance, Bonds and, ...................... 5.10.5.13,10.5 OWNER may term inat4k ............................. 15.2-15.4 OWNER's Responsibility ............................. $.6.10.4 Physical Conditions — Subsurfaceand. ............................. ............... 4.2 Underground Facilities. ............................. 4.3.2 Record Documents ........................................... 6.19 Scope of Change........ _ ............................. 10.3-10.4 Substitutes............................................. 6.7.3. 6.8.2 Unit Price Work J19 value of Worrk covered by ................................. 11.3 Changes in the Work ..................................................10 Notification of surety .........................................10.5 OWNER's and CONTRACTORS responsibilities............................................10.4 10.4 Right to an adjustment ............... ------------ ........ 10.2 Scope of change ............... .................... 10.3-10.4 Claims-. against CONTRACTOR ....................................6.16 against ENGINEER .........................................6.32 againstOWNER ...............................................0.32 Change of Contract Prig ...........................9.4. 11.2 Change of C(nitract. Times...........................9.4, 12.1 CONTRACTOWs .............4, 7.1. 9.4. 9.5. 9.11, 10.2. ........................... 117— 11.9. 12.1, 13.9,14.8, ............................................15.1. 15.5.17.3 CONTRACTOR!s Fee 11.6 Article or Paragraph Number CONTRACTORS liability.......... 5.4.6.12.6.16.6.31 Cost of the Work ....................................... 11-4.11.5 Decisions on Dispute4 ............................_9.11, 9.12 Dispute Resolution ............................................16.1 Dispute Resolution Agreement... .......... _ .... 16.1-16.6 ENGINEER as initial interpretcK .......................9.11 Lump Sum Pricing .........................................11.3.2 Noticeof ..........................................................17.3 OWNER's ....................9.4, 9.5, 9.11, 10.2, ILZ 11.9 121 13 9,1313 1314 173 ........................ OWNER's liability ...............................................5.5 OWNER may refuse to make payment ................14.7 Professional Fees and Court Costs Included --- '_ - ­ . . .. .. ... ......... ...... 17.5 request for formaldecision M ...........................9.11 Substitute Items §.7.1.2 Time Extension... ------- ....... ...... ............. 12.1 Time requirements ...................................9.11, 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 require4 ...................... 9,11, 1 LZ 12.1 Clarifications and lnterprctations. ........... 3.6.3, 9.4, 9.11 Clean Site ...... ........ __ §.. 17 Codes of Technical Society, Organization or Association ..................................................33.3 Commencement of Contract TimeA .................. ........ .3 Communications— general .............................................. 6.Z 6.9.2.8.1 Hazard Communication Programs .....................6.22 Completion — Final Application for Payment ..........................14.12 Final Inspection ..............................................14.11 Final Payment and Acceptanc4, .............. 14.13-14.14 Partial Utilization...........................................14.10 Substantial Completion ......................1.38, 14.&14.9 Waiver of Claims ............................................ 14A5 Computation of Times„ ............................ . 17.11-17.2.2 Concerning Subcontractors, Suppliers and Others .................................................6.8.611 Conferences -- initially acceptable schedules ............................... 2.9 preconstructiork ................... ___ ....2.8 ........... ........ Conflict, Error, Ambiguity, Discrepancy — CONTRACTOR to Report .......................... 2.5,3.3.2 Construction, before starting by CONTRACTOR ............................................ 2.5-2.7 Construction Machinery, Equipment. etc ................... 6.4 Continuing the Work ....................................6.29, Contract Documents — Amending.......................... .......... ................. _3.5 Bonds............................................................. 5.1 EJCDC GENIRAL CONDITIONS 1910 -9 (1990 EDITION) w/ CITY OF FORT COUrNS MODIRCATIOM OtEV 9(99) Cash Allowances Article or Paragraph Number Change of Contract Fric4, ................................... 11 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 OWNERs representative ............. 9.1 general3 Insurance...........................................................53 Intent _3.1-3.4 minor variations in the Work„ ............................ 3.6 OWNERs responsibility to furnish date ............... 8.3 OWNER's responsibility to make prompt payment .......................... ?.3, 14.4, 14.13 precedence ................. .............................. 3.1,3.3.3 Record Documents ............................... . ........... 0.19 Reference to Standards and Specifications of Technical Societies ................................... 33 Related Work .....................................................7.2 Reporting and Resolving Discrepancies„---...2.5. 3.3 Reuseof. ............................................................ 3.7 Supplementing..................................................3.6 Termination of ENGINEER's Employment .......... 8.2 Unit Price Work ...............................................11.9 variations. ......................................... 3.6, 6.23, 6.27 Visits to Site. ENGINEERsi ............................... 9.2 Contract Price - adjustment of ................ 3.5. 4.1. 9.4, 10.3. 11.2-11.3 Changeof ...........................................................11 Decision on Disputes ........................................9.11 definition of ....................................... I ............. Ul Contract Tim es-- adjustm ent of ..........................3.5, 4.1, 9.4, 10.3, 12 Change of ........................ ........ .............. 12.1-12.4 Commencemento( ............................................. 2.3 definition of ...... ....................... . ...................... 1.12 CONTRACTOR - Acceptance of Insurance ...................................5.14 5.14 Communications ...................................... §.2.6.9.2 Continue Work. . ....................... ....... 6.29, 10.4 coordination and scheduling ............................6.9.2 definition of .....................................................1.13 Limited Reliance on Technical Data Authorized ........................................ 4.2.2 May Stop Work or Terminate ............................1.5.5 provide site access to others ................... ..... TZ 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 ........................................6.25 Stop Work requirements..................................4.5.2 CONTRACTOXs- -- Article or Paragraph Number Compensation ........................................... 11.1-11.2 Continuing Obligation ...... .................... __ ..... 14.15 Defective Work., . ........ ................. _9.6,13,10.13.1141 Duty to correct defective Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency ...................... _ .................... 6.23 Defects in Work of Others .............................. 7.3 Differing conditions...................................4.2.3 Discrepancy in Documents,,,,,,,, 2.5, 3.3.2.6.14.2 Underground Facilities not indicated,,,,,,,,,, 4.3.2 Emergencies .....................................................0.23 Equipment and Machinery Rental. Cost of the Work ...........................................11.4.5.3 Fee --Cost Plus .......................... 11.6 General Warranty and Guarantee,,,,,,,,,,,,,,,,,,,,,, 0.30 Hazard Communication programs ..................... §.22 Indemnification ......................... OAZ 6A6.6.31-6.33 Inspection of the Work ............................... 7.3.13.4 Labor, Materials and Equipment .................... 0.3,6.5 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 ....................................................0.30 Patent Fees and Royalties, paid for by ................. 6.12 Performance and Other Bonds .............................5.1 Permits, obtained and paid for by ....................... 0.13 Progress Schedule. .......................... 2.6.2.9,19.6.6. ........... ............................ §.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 ...................................... 6.8-6.11 Continuing the Work .......................... 0.29.10.4 CONTRACTORs expense . .......................... 0.7.1 CONTRACTORs General Warranty and Guarantee .......................................6.30 CONTRACTOR review prior to Shop Drawing or Sample submittal ................. 6.23 Coordination of Work ................................6.9.2 Em ergencicik ............................ __ ............. 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.insuraoce...................5.9 general ........................................6, 6, 7.2, 7.3, 8.9 Hazardous Communication Program* ........... 6.22 Indemnification .................................. 6.31-6.33 EXDC CENEM COMTIONS 1910.9 (1990 EDMON) W/ CITY OF FORT COLLINS MODIFICATIONS MV 9/99) Labor. Materials and Equipment. ............. 0.3-6.5 CONTRACTORS -other,,,,,,,,,,,,,, Laws and Regulations„ ................................ 6.14 Contractual Liability Insurance,,,,..,. Liability Insurance ......................... I 1_ ....... 5A Contractual Time Limits,,,,,,,,.,,.,...., Article or Paragraph Number Notice of variation from Contract Documents ........................................... 6.27 Patent Fees and Royalties ............................0.12 Pcrmits ' * ... * ....................... .. . * ' ................ 0-13 Progress Schedule ......................................... j6.6 Record Documents ....... 6.19 related Work performed prior to ENGINEER's approval of required submittals 6.28 safe structural loading .................................6.18 Safety and Protection,,,,,,,,,,,,,,,,,,,, 6.20, 7.2, 13.2 Safety Representative ...................................6.21 Scheduling the Work ..................................6.9.2 Shop Drawings and Samples ........................0.24 Shop Drawings and Samples Review by LNGINEER ...................................... 6.26 Site Cicanhnew 6.17 Submittal Procedures ...................................6.25 Substitute Construction Methods and Procedures ..................................... 6.7.2 Substitutes and "Or -Equal* Item q ................ 6.7.1 Superintendeneq ............................................ JS.2 Supervision...-- ---. ............... ...................... 6.1 Survival of Obligations ................................6.34 Taxes...........................................................0.15 Tests and Inspections ..................................13.5 ToReport ......................................................2.5 Use of Prem isek . .................... 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 claurk ........... :4, 7-1, . ...... * ..11.9, IZI, 13.9,14.8.15.1.15.5,17.3 Safety and Protection ................. k.20-6.22. 7.2.13.2 Safety Representative ........................................ 6.21 Shop Drawings and Samples Submittal;,,, 6.246.28 Special Consultants .................................... ............... ...... .. .... 11.4.4 Substitute Construction Methods and L7..6.7 Substitutes and "Or -Equal* Items, Expense ..................... ..................... 6.7.1. 6.7.2 Subcontractors. Suppliers and Others.. _..... _ 16.8-6.11 Supervision and Superintendenciq ... ..... 6.1, 6.2, 6.21 Taxes, Payment by ............................................ 6.15 Use of Premises ........................................ 6.16-6.18 Wan -antics and guarantees . ......................... 0.5,6.30 Warranty of Title..............................................14.3 Written Notice Required — CONTRACTOR stop Work or term inatq ....... 15.5 Reports of Differing Subsurface and Physical Conditions..,.. .. .............4.2.3 4.2.3 Substantial Completion .................. .... ........... 14.8 viii 7 ............... 5A 10 12 2 Article or Paragraph Number Coordination— CONTRACTORs responsibility ........................6.9.2 Copies of Documents ............................................... 2.2 Correction Period ..................................................13.12 Correction, Removal or Acceptance of Defoctive Work-- in general ...................................10.4.1. 13.10-13.14 Acceptance ofDefecirve Work ...........................13.13 Correction or Removal of Defective Work ................................. 6.30,13-11 Correction Period ............................................13.12 OWNER May Correct Defective Work ..............13.14 OWNER May Stop Work ................................. 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 ..... 'siW' . .... 11.4.2 CO`N7RACTOi..............................................11.4.2 ... ...... ... J 1.6 Employee Expenses.....................................11.4.5.1 Exclusionstq ....................................................11.5 General 11.4-11.5 Home office and overhead expense* ...................11.5 Losses and damages.....................................11.4.5.6 Materials and equipment ................................11.4.2 Minor expenses ..........................................a1.4.5.8 Payroll costs on changeA ................................. 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 11.4.5.5 Site office and temporary facilitic* ................11.4.5.2 Special Consultants, CONTRACTOR',,,,,,,,,,,, J 1.4.4 Supplemental.................................................11.4.5 Taxes related to the Worl; ............................ 11.4.5.4 Tests and lnspectior% ......................................... j3.4 Trade Discounts .............................................11.4.2 Utilities, fuel and sanitary facilities ..............11.4.5.7 Work after regular hours .................................11.4.1 ............................... 11.4.1 Covering Work ...............................................13.6.13.7 Cumulative Remedies ........ . ........................... J7.4-17.5 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 E=C GMERAL CONDITIONS 19104 (IM EDITION) w/ CITY OF FORT COLLINS MODMCA710M (REV 9/99) Correction or Removal of, 10.4.1, 13.11 Currectiun Period... ... .... . ................. ............ J3.12 in general. _..._ .... .....................13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work ......... ........................ 13.10 Prompt Notice of Defects...................................13.1 Rejecting...........................................................9.6 Uncovering the Work.......................................13.8 Definitions................................................................ I Delays .... .................................. .1.6.29.12.3-12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance ............................2.7 Determinations for Unit Prices ..............................„ 9.10 Differing Subsurface or Physical Con itions— Noticeof.........................................................4.2.3 ENGINEER's Review......................................4.2.4 Possible Contract Documents Changg.............. 4.2.5 Possible Rice and Times Adjustments..............1.2.6 Discrepancies -Reporting and Resolving................................2.5, 3.3.2, 6,14.2 Dispute Resolution— Agreement ................................................16.1-16.6 Arbitration ........................................... general16 Mediation.................. ......... ............ I ........ I ........ 16.6 Dispute Resolution Agreement.........................16.1-16.6 Disputes, Decisions by ENGINEER ...................9.11-9.12 Documents -- Copiesof...........................................................2.2 Record 6.19 Reuseof.............................................................3.7 Drawings --definition of..........................................1.15 Easements.............................................................4.1 Effective date of Agreement -- defimition of .............I.16 Emergencies... ........................................................ 6,23 ENGINEER — as initial interpreter on disputes.................9.11-9.12 definition of... Limitations on authority and responsibilities,,,,.9.13 Replacement of ................................................. 8.2 Resident Project Representative ..........................93 ENGINEER's Consultant -- definition of..................).18 ENGINEER's-- authority and responsibility, limitations on ........ 9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility for,..,.. 9.7. 10, 11. 12 Clarifications and Interpretatiorts...............3.6.3, 9.4 Decisions on Disputes .............................. 9.11-9.12 defective Work. notice of..................................13.1 Evaluation of Substitute Item* ..........................4.7.3 Liability...................................................0.32. 9.12 Notice Work is Accep[able..............................14.13 Observations ................................... .......6.30.2, 9.2 OWNER's Representative...................................9.1 Payments to the CONTRACTOR. Responsibility for.....................................9.9, 14 Recommendation of Payment ....................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on ..... ........... 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions..............................4.2.4 Shop Drawings and Samples, review responsibility............................................... .26 Status During Catstruotion-- authorized variations in the Wort.. Clarifications and Interpretatiats..............._,9.4 Decisions on Disputes ......................... 9.11-9.12 Determinations on Unit Price.„...................9.10 ENGINEER as Initial Interpretet...... .... .11-9.12 ENGINEER's Responsibilities ................9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities..............................9.13 OWNER'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 Rice determinations.................................9.10 Visits to Site .... ..................... .............................. 9.2 Written consent required .............................. 7.2, 9.1 Equipment, Labor, Materials and .......... I.............0.3.6.5 Equipment rental, Cost of the Work..................11.4.5.3 Equivalent Materials and Equipment .........................6 7 error or omission*, .............................................. 11.0.33 Evidence of Financial Arrangements .......................8.11 Explorations of physical conditions........................1.2.1 Fee, CONTRACTOR's--Costs Plus ...........................11.6 Field Order — definition of.....................................................1.19 issued by ENGINEER ................................ 3.6.1. 9.5 Final Application for Payment..............................14.12 Final Inspection...................................................14.11 Final Payment — and Acceptance.....................................14.13-14.14 Prior to, for cash allotences .............................. J L8 General Provisions..........................................173-17.4 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,,,,.,., 6.30.14.12 Hazard Communication Programs ...........................0.22 Hazardous Waste — definition of.....................................................1.21 general.............................................................4.5 OWNWs responsibility for ..............................8.10 EXAC M4ERAL CONDITIOM 1910-9 0990 MITIOM w/ CITY OF FORT COUINS MODMCATION5 QtEV 9/M Indemnification .............................. O.AZ 6.16,6.31-6.33 Initially Acceptable Schedules..................................2.9 Inspection -- Certificates of .............................. 9.13.4.13.5, 14.12 Final............................. . ........................... 14.11 Article or Paragraph Number Special. required by ENGINEER ..........................Q.6 Tests and Approval, ............................ ll.7. 13.3-13.4 Insurance - Acceptance of, by OWNER ...............................5.14 Additionat, required by changes in the Work ............................ .............. 11.4.5.9 Before starting the Work ..................................... 2.7 Bonds and --in general ................................ 5 Cancellation Provisions Certificates of ... . .... ......2.7. 5. 5.3. 5.4.11, 5.4.13. 5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations.....................................5.4.13 CONTRACTORs Liability .................................. 5.4 CONTRACTORs ok*fion to coverage .............5.14 Contractual Liability ...................................... 5.4.10 deductible amounts, CONTRACTOR!s responsibility................................................5.9 Final Applicaion for Payment .........................14.12 Licensed Insurers ...............................................5.3 Notice requirements, material changq ........ 5,11,10.5 Option to Replace.............................................5.14 other special insurances....................................5.10 OWNER as fiduciary for insureds .............. 3.12-5.13 OWNERS Liability ............................................5.5 OWNER!s Responsibility .................................... 8.5 Partial Utilization. Property Insurance .... ...... .5,15 Property. . .............. .................................. Receipt and Application of Insurance Proceeds ...................... *"* ... ... ** ' '* ... ....... **'*"*"* 5. 12-5.13 Special Insurance ............................ ........ I ....... 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 .......................... 1.2 Labor, Materials and Equipment_„ ............. ..... .... 6-3-6.5 Lands -- and Easements Availability of,,,,,,,,,,,,,,,,................. ._.......... A-1.8.4 Reports and Tests ...............................................8.4 Laws and Regulations --Laws or Regulations - Bonds 5.1-5.2 Changes in the Work ........................................10.4 Contract Documents , .......................................... 3.1 CONTRACTORs Responsibilities ..................... 6.14 Correction Period defective Work,,,,,,,,,,,,,,,,,,„ J3.12 Cost of the Work, taxes ...............................31.4.5.4 definition of .....................................................1.22 gcncml6l4 Indeninification, ....................................... 6.31-6.33 Insurance 53 Precedence ................................................ 3.1,3.3.3 Reference to " . ..... * ........ ...................... 3.3.1 Safety and Protection ............. 1. ................. 6.26.13.2 Subcontractors, Suppliers and Otheq ........... 6.m.li Article or Paragraph Number Tests and Inspections ................................... 13.5 Use of Premises .................................................6.16 Visits to site ...................................................... 9.2 Liability Insurance -- CONTRACTOR s................................................ 5.4 OWNERs................. ........... ............................. 5.5 Licensed Sureties and Insurers ................................. 5.3 Liens -- Application for Progress Payment .......................14.2 CONTRACTORs Warranty of Title ....................14.3 Final Application for Payment ..........................14.12 definition of ........................... ............... 1.23 Waiver of Claims J14.15 Limitations on ENGINEOUs authority and responsibilities ..................................................9.13 Limited Reliance by CONTRACTOR Authorized.......................................................4.2.2 Maintenance and Operating Manuals - Final Application for Payment ..........................14.12 Manuals (of others) -- Precedence 3.3.3.1 Reference to in Contract Document* ..................3.3.1 Materials and equipment -- furnished by CONTRACTOR ...............................0.3 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, ............................... ...... J7.2 Cumulative Remedies ...................... ..... _ ........ 37.4 Giving Notice....................................................17.1 Notice of Claim .................................................17.3 Professional Fees and Count Costs Included,,,,..,, 17.5 Multi -prime contracts ........................... I_— ­­ .......... :7 Not Shown or Indicated .........................................4.3.2 Notice of -- Acceptability of Projeck ....................................14.13 Award. definition of .........................................1.25 1.25 Claim' ­­ ­ ................ ** . ............................ 17.3 Defects, 13.1 Differing Subsurface or Physical Condition ..... 4.13 Giving................. ..........................................17.1 Tests and Inspections ........................................13.3 Variation, Shop Drawing and Sample.................0.27 Notice to Proceed - definition of ......................................................1.26 givingof ..................................... ...................... 2.3 F3CDC GENMAL CONDITIONS 1910 -9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9t99) Notification to Surety .............................................. 10.5 Observations, by ENGINEER ............................ 0.30,9.2 Occupancy of the Work .................. 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ............... 6.9.9.13 Open Peril policy form, Insurancq ..........................5..6.2 Option to Replace, ................................................... $14 Article or Paragraph Number 'Or Equal* Items ......................................................0.7 Other work 7 Overtime Work —prohibition of ................................. 6.3 OWNER -- Acceptance ofdofective Work ...........................13.13 appoint an ENGINEER ......................................8.2 as fiduciary ............................................... 3.12-5.13 Availability of lands, responsibility .................... 4.1 definition of .....................................................1 **"**.....­*...*.............................1 27 data. furnish ......................................................8.3 May Correct Defective Work ............................13.14 May refuse to make payment .............................]4.7 May Stop the Work * ...................... J3.10 May Suspend Work, Tcrminatiz ............. ............. $,8.13.10. 15.1-15.4 Payment, make prompt .................... $3.14.4,14.13 performance of other work .................................. 7.1 permits and licenses, requirements ....................6.13 purchased insurance requirements,,,,,,,,,,,,,,, 5.6-5.10 OWNER`s-- Acceptance of the Work ............... ............... 6.30.2.5 Change Orders, obligation to mcuw ......... 8.6, 10.4 CommunicationA ................................................ 8.1 Coordination of the Work .................................. 7-4 Disputes, request for decision ............................ 9,11 Inspections, tests and approvals .................. $3.13.4 Liability Insurance, ............................................. 5.5 Notice of Defects ..............................................13.1 Representative —During Construction, ENGINEEks Status Responsibilities — Asbestos, PCBs, Petroleum, Hazardous Wage or Radioactive Material. . .............. $A0 Change Orders ...................................... ....... 8.6 Changes in the Work ...................................10.1 communications ............................................ 8.1 CONTRACTOWs resporisibi litie4 ................... 9.9 evidence of financial arrangementN .............. ?-ll inspections, tests and approvals ...................... 8.7 insurancek ... ................................................. 8.5 lands and easement4 ..................................... 8.4 prompt payment by ............................... ....... 8-3 replacern cnt of ENGINEER ...........................0.2 reportsand tests ............................................8.4 stop or suspend Work .................8.8, 13.10.15.1 terminate CONTRACTORs services ..........................................8.8, 15.2 separate representative at sit4..............................9.3 testing, independent......,,,, use or occupancy of the Wo& written consent or approval required ....................... 13.4 ....5.15.6.30.2.4, ....9.1, 6.3, 11.4 EXMC CFNMtAL CONDMONS 1910-8 0990 EDITION) w/ CITY OF FORT COLLNS MODIFICATIONS (REV 9/99) Article or Paragraph Number written notice required ........................ 7.1,9.4,9.11, 11.2, 11.9, 14.7, 15.4 PCBs -- definition of .......................... . ........................ 1.29 general.............................................................. 4.5 OWNER's responsibility for ..............................8.10 Partial Utilization -- definition of .....................................................1.28 general 6.30.2-4. 14.10 Property Insurance ............................................ 5.15 Patent Fees and Royalties ........................................ 6.12 Payment Bands .................................................. 5.1-5.2 Payments, Recommendation of ... .......... 14.4-14.7,14.13 Payments to CONTRACTOR and Completion — Application for ProgressNyments .... ............. ... )4.2 CONTRACTORs Warranty of Title...................14.3 Final Application for Payment .........................14.12 Final Inspection ............................. . ............... 14.11 Final Payment and Acceptanc; ............... J4.13-14.14 general ........................ ........... Partial Utilization 14.10 Retainage..........................................0...............14.2 Review of Applications for Progress Payments.. ............................. 34.4-143 prompt payment ....... 0 ................... 0 ..................... ll.3 Schedule of Values ......................................I.....14.1 Substantial Completion .................. ....... ... 14.8-14.9 Waiver of Claims, ........... 0.. . ......................... ... 14.15 when payments due ................................. 14.4,14.13 withholding payment ........................................14.7 Performance Bonds ............................................ 5.1-5.2 Permits ............................................................ 013 Petroleum -- definition of .....................................................1.30 general....................................................0........ 4.5 OWNER!s responsibility fart ............................... 8.10 Physical Conditions -- Drawings of, in or relating t9 ......................... 4.2.1.2 ENGTNFER'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 Change...............4.2.5 Possible Price and Times Adjustments..............4.2.6 Reports and Drawings ..................................... . 4.2.1 Subsurface and ................................................... 4.2 Subsurface Ccnditicns...................................4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ........................4.2.2 Underground Facilities— general.........................................................4.3 Not Shown or Indicud...............................4.3.2 Protection of...-__ ................................ 4.3,6.20 Xii Article or Paragraph Number Shown or Indicate................................................4.3.1 Technical Data ...............................................4.2.2 Preconstruction Conference ............................. ......... 2.8 Preliminary Matters.....................................................2 Preliminary Schedulq .............................. . ............... 16 Premises, Use of .......................................... _§.16-6.18 Price, Change of Contract ..........................................I I Price, Contract --definition 4 ..................................1.11 Progress Payment, Applications for ..........................34.2 Progress Payment--reminagq ...................................14.2 Progress schedule, CONTRACTORs .... ...... 2.6. 2.8. 2.9. ................................. 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 .........1.33 prompt payment by OWNER . .....................................8.3 Property Insurance-- Additional 5.7 gencral5.6-5. 10 Partial Utilization ................................ 5.13.14.10.2 receipt and application of proceeds ............ 5.12-5.13 Protection, Safety and .............................. 6.20-6.21, 13.2 Punch list ..........................................................14.11 Radioactive Material-- deftntion of .....................................................1.32 genera14.5 OWNERs responsibility fo� .............................. ;. 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 Societick ......................... .............. 3.3 Regulations, Laws and (or) ...................................... 614 Rejecting Defective Work ..........................................9.6 Related Work -- atSite ........................................................ 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,,,,,,,,, 6.28 Remedies, cuinulative ............................... . ..... 17.4,17.5 Removal or Correction ofDofecriw Work ................)3.11 rental agreements. OWNER approval required.,,., 11.4.5.3 replacement of ENGINEER, by OWNER ................... 8.2 Reporting and Resolving Discrepancies..........._...................25, 3.3.2,6.14.2 Rep" -- andDrawings .................................................4.11 and Tests, OWNER!s responsibility .....................8.4 Resident and Project Representative -- definition of....................................................1.33 provision for ............................................................9.3 EXW GENERAL CONDITIONS 1910-8 (IM EDMON) W/ CITY OF FORT COUSNS MODIFICATIONS (nV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR* ................ 6.2 Responsibilities— CONTRACTOR's-in gencrat ................................. 6 ENGBqEER!s-in general ........................................9 Limitations on.............................................9.13 O'ANERs-in general 8 Retainage............................................................ 14.2 Reuse of Documenu..................................................3.7 Review by CONTRACTOR- Shop Drawings and Samples Prior to Subm ittal, .......................... 0.25 Review of Applications for Progress Payments ..................................... 141A-14.7 Right to an adjustment ...........................................10.2 ..................*­­­............JO.2 Rightsof Way ..........................................................4.1 Royalties, Patent Fees and ....................................... fi. 12 Safe Structural Loading ..........................................0.18 Safety. - and Protection ................................ 4.3.Z 6,16, 6.18, ...... I I ............................ 6.20-6.21, 7.2, 13.2 general..................................................... 6.20-6.23 Representative, CONTRACTOks ........................0.21 Samples -- definition o( ............................... ..................... 3.34 general..................................................... 0.24-6.28 Review by CONTRACTOR ................................ 6.25 Review by ENGINEER .............................. 6.26,6.27 related Work .....................................................0.28 submittal of ....................................................0.24.2 submittal procedure*.........................................0.25 Schedule of progress.............................2.6. 2.8-2.9, 6.6. .................................6.29, .. 'Sample-*-** 6.29,10.4,15.2.1 Schedule oiSi-o"p, b,aDrawingand Submittals ;.6,2.8-2.9, 6.24-6.28 Schedule of Valueq .............................. 2.6,2.9-2.9,14.1 Schedules — Adherence to..................................................15.2.1 Adjusting...........................................................0.6 Change of Contract Timeq .................................10.4 Initially Acceptable ............. ............. ......... 2.8,2,9 Preliminary ........................................................2.6 Scope of Changes ....................................... 10.3-10.4 Subsurface Conditions:.........................................4.2.1.1 Shop Drawings -- and Samples, general ................................. 6.24-6.28 Change Orders & Applications for Payments, anck ........................................ 9.7-9.9 definition of ......................................................1.35 ENGINEER!s approval of ................................. 3.6.2 ENGINEERs responsibility for review ..................................... . 9.7, 6.24-6.28 related Work .....................................................0.28 review procedire................................18, 6.24-6.28 Article or Paragraph Number submittal required ............................................... j6.24.1 Submittal Procedures ............................... 6.25 use to approve substitution*..............................6.7.3 6.7.3 Shown or Indicatod...............................................4.3.1 Site Access 7.z 13.2 Site Cleanliness..................................................... §X17 Site, Visits to — by ENGINEER ........................................... 9.2.132 byothers ..........................................................13.2 .Special causes of loss" policy fcM. insurance ........................................................5.612 definition of .....................................................1.36 Specifications— defiriation o( ....................................................1.36 of Technical Societies, reference t9 ...................3.33 precedence ......................................................3.33 Standards and Specifications of Technical Societies ........................................3.3 Starting Construction, Beforq .......................... ... 2.5-2.8 Starting the Work .....................................................2.4 Stop or Suspend Work -- by CONTRACTOR ...........................................15.5 by OWNER.._.._..._........_ ...... .... 8.8, 13.10,15.1 Storage of materials and equipmenk .................... It, 1. 7.2 Structural Loading, Safety ........................................ 6.18 Subcontractor — Concerning ............................. ................. 0.8-6.11 definition of .....................................................1.37 delays... .... ...... .............................................. 123 waiver of rights ................................................0.11 Subcontractors --in general................................6.84.11 Subcontracts --required provisions........_ 5.11. 6.11, 11.4.3 Submittals — Applications for Payment .................................14.2 Maintenance and Operation Manuals..............14.12 Procedures......................................................0.25 Progress Schedules ................... .................. 2.6,2_9 Samples ................................................... 0.2" '22 Schedule of Values ..................................... 2.6,14.1 Schedule of Shop Drawings and Samples Submissions, ..................................... 2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion -- certification of ............................0.30.2.3, 14.8-14.9 definition of ............................................... .... 1.38 Substitute Construction Methods or Procedum ........ 6.7.2 Substitutes and "Or Equal* Item*...............................6.7 CONTRACTOR's Expense .............................0.7.1.3 ENGINEEKs Evaluation .................................6.7.3 "Or -Equal" ................................................... 6.7.1.1 Substitute Construction Methods xiii EJCDC GENERAL COMMONS 1910.8 0990 EDIT10?0 w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9199) Article or Paragraph Number or Procedures.............................................63.2 Substitute Items,...........................................6.7.1.2 Subsurface and Physical Conditions. - Drawings of, in or relatog to ........................ 4.2.1.2 ENGINEERS Review ,,,,,,,,,,,,,,4.2.4 general..............................................................4.2 Limited Reliance by CONTRACTOR Authorized.................................................4.2.2 Notice of Differing Subsurface or Physical Conditions ............................. ........... 4.2.3 Physical Conditions ............................. _....... 4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments,,,,,,,,,,,,,,, 4.26 Reports and Drawings.... ............. .....................4.2.1 Subsurface and ................................................... 4.2 Subsurface Conditions at the Site...................4.21.1 Technical Data ......................... .....................4.2.2 Supervision— CONTRACTOR's responsibility .............................0.1 OWNER shall not supervise................................8.9 ENGINEER shall not superviisq................9.2, 9.13.2 Superintendence .......................................................4.2 Superintendent CONTRACTOR's resident ...............0.2 Supplemental costs..............................................11.4.5 Supplementary- Conditions_ definition of.....................................................1.39 principal references tq.................1.10, 1.18. 2.2, 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 tq........... 3.7, 6.5, 6.M.11, 6.20, ................................6.24.9.13, 14.12 WaivetofRights .............................--.............6,11 Surety -- consent to final payment,,,,,,,,,,,,,,,,,,,,,,, J4.12, 14.14 ENGINEER has no duty to................................9.13 Notification of ......... .._,_,.10.1, 10.5, 15.2 qualification of .............................. 4.............. 5.1-5.3 Survival of Obligations, .............. 4..................4........ 6.34 Suspend Work, OWNER May .......................13.10, 15.1 Suspension of Work and Termination- ......................15 CONTRACTOR May Stop Work or Terminate . ......................... 4..... .............. 15.5 OWNER May Suspend Work ....... 4..... 4................15.1 OWNER May Terminate .................... 4........ 15.2-15.4 Taxes --Payment by CONTRACTOR ........................0,15 Technical Data -- Limited Reliance by CONTRACTOR................g,2.2 Possible Price and Times Adjustments,,,,,,,,,,,,,, 4.2.6 Reports of Differing Subsurface and Physical Conditions....................................4.2.3 xiv Temporary construction facilities ... 11 „_ . __.. ......._.. 4.1 Article or Paragraph Num her Termination -- by CONTRACTOR ........................................... ) 5.5 by OWNER........................................8.8, 15.1-15.4 of ENGINEER's employment...............................$.2 Suspension of Work-in general .............................15 Terms and Adjectives..............................................3A Tests and Inspections -- Access to the Work by others ...........................13.2 CONTRACTORS responsibilities....................._13.5 cost of 13.4 covering Work prior to., ............................ 13.6-13.7 Laws and Regulations(or)................................ 13.5 Notice of Defects...............................................13.1 OWNER May Stop Work......... _.. _.. _.. _..........13.10 OWNER's independent testing ..........................13.4 special, required by ENGINEER .........................9.6 timely notice required......................................13.4 Uncovering theWork, at ENGINEER's request................................................13.8-13.9 Times-- Adjusting ................................ ......................... 6.6 Change of Contract.............................................12 Computation of................................................17.2 Contract Times -definition of ...........................J.12 day.........................................................17.2.2 Milestones..........................................................12 Requirements-- appeals..................................................9.10, 16 clarifications, claims and disputes..................9.11, 11.2. 12 Commencement of Contract Time;, 2.3 Preconstruction Conference ...........................2.8 schedules............................................2....6, 2.9. 6.6 Starting th.e.Wor.k.... .........12.4 Title. Warranty of...................................................14.3 Uncovering Work ....... ..................................... 13.9-13.9 Underground Facilities, Physical Conditions — definition of ............... .....................................1.41 Not Shown a Indicated .................„.,.,,,,,,,.,,,,, 4.3.2 protection of..............................................4.3.6.20 Shown or Indicated..........................................43.1 Unit Price Work— claims.........................................................11.9.3 definition of ................. _...... _...... ................... 1.42 general]1.9, 14.1, 14.5 Unit Prices-- general11.3.1 Determination for ............................................ 9.10 Use of Premises................................6.16. 6.18, 6.30.2.4 Utility owners.............................0.13, 6.20. 7.1-7.3, 13.2 Utilization, Partial...................1.28, 5.15. 6.30.2.4, 14.10 Value of the Work..................................................11.3 Values, Schedule of ..............................2.6, 2.8-2.9. 14.1 EJCDC t;£NI1tAL CONDITIONS 1910-5 (1990 EDITION) w/ CITY OF FORT courNs MODIFICATIONS Qt -V 91") 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 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 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. CONTRACTORs ....................... J4.3 Work -- Access to......_........................................13.2 byotherk ............................................................. 7 Changesin the .....................................................10 Continuing the ..................................................0.29 CONTRACTOR May Stop Work or Terminate ............................................... J5.5 Coordination of ...................................................7.4 Cost of the .................................................11.411.5 definition of ............................... ...................... 1.43 neglected by CONTRACTOR ............................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 ................................. 15.1-15.4 Variation and deviation authorized, minor ........... 3,6 Work Change Directive — claims pursuant tq ............................................ )10 -21 definition of ......................................................1.44 principal references to ...................... 3.5.3,10.1-10.2 Written Amendment -- definition of ......................................................j.45 principal references to..............1.10, 3.5,5.10,15.IZ ............I............0.6.2 6.&2, 6.19, 10.1, 10.4, ......................... I U 12.1,13.12.2,14.7.2 Written Clarifications and Interpretations .................................. 3.6.3.9.4.9.11 Written Notice Required — by CONTRACTOR ............................7.1, 9.10-9.11, ............................ 10.4, 11.2, 12.1 by OWNER ..................... 9. 10-9.11, 10.4, 11.2, 13.14 xv EJCDC GENERAL CONDITIONS 1910-8 0990 EDITION wi CITY OF FORT COUINS MODIFICATIONS (REV 9199) (This page left blank intentionally) xvi E1CDC GENERAL CONDITIONS 1910-9 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE I—DEFIlVITIOM 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 irsUumetts 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 Pmvrrennt—The farm 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 —Arty material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. I.S. Bid —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 Decwnenis—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.& Bondi —Performance and Payment bonds and other instrwnents 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 Tunes, issued on or after the Effective fate of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents). CONTRACTORS Bid (including documentation accompany* 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 EXDC 0ENM4.L coNDITIO is 191" (1"0 Edltion) wl (ITY OF FORT COI.I.INS MODIFICATIONS (REV 4e2000) same are more specifically identified in the Agreement, together with all Written Amendments, Charge Orders, Work Charge Directives, Field Orders and ENGINEER's written imerpretations and clarifications issued pursuant to paragraphs3.5, 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 4.2 1 and 4.22 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 final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1,13, CONTRACTOR --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 ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10), 1.15, Drawings —The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1.16. Effective Date of #w 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 Consrltant—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 charges in the Work in accordance with paragraph 9.5 but which does no involve a change in the Contract Price or the Contract Times. 120. General Requirements —Sections of Division 1 of the Specifications. 1.21. Ha=rdaw Waste —The tern Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 122.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 courts having jurisdiction i '22.b. Legal Hohdays--shall be those holidays observed by the Cily of Fart Collins. 123. Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 124. 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 25. Notice ofAwarrd--A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agr=ncnL 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 non 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 whom CONTRACTOR has entered into the Agreement and fa whom the Work is to be provided 1.28. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work 129. 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. Prtject—The total construction of which the Work to be provided under the Contract Documents may be the whole, or a pan as indicated elsewhere in the Contract Documents. 132.a. Radioactive Material -Source, special nuclear, or byproduct material as defined by the Atomic ErnerW Act of EK DC GENERAL CONDIMOM 1910.8 (1990 Edition) w/CITY OF FORT COLLIM MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Working Flows -Regular working hours are defined as 7:00sm to 6:0DPm unless otherwise specified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34 Samples —Physical examples of materials, equipment, or workmanship that are representative of some pornon of the Work and which establish the standards 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 technical 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, f sin or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a pan of the Work at the site. 1.38. Substantial Completion —The Work (or a specified pan thereo has progressed to the point where, in the opinion o? ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified wart) 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 foal payment in accordance with paragraph 14.13. The terms "substantially complete' and *substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufactrrrer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to fumish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1A1. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any erx;asements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other Control systems or water. 1.42. Urct Price Work -Work to be paid for on the basis of unit prices. 1.43. Work -The entire completed construction or the various separately identifiable pate thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work 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 paragmph6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parries e;tpect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 145. Written Amendment -A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2-PRELMUNARY MATTERS Debray of Bonds: 11. 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. Copies of Documents: 2.2. OWNER stall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed, 23. The Contract Times will commence to rum on the thirtieth day after the Effective Date of the Agreement, or, EMC GENERAL CONDUIOM 010-8 (1"0 Edtim) w/ aTY OF FORT COI.IANS MODIFICATIONS (REV 42000) if it 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 no went ...:11 the CentFoo; T:_�..,..�.�. Gommencet dey-elkr-t�{w-day efthe:Agrecmen"hwhev-efAate-iseerlier: Starting the Work. 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to cot, but no Work shall be dome 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 dieek 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 ENGTNEFR 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 alter the Effective Date of the Agreement (unless otherwise specified in the General Requirements). CONTRACTOR shall submit to ENGINEER for review: 261 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 which 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 accetxable which allows less than 21 calendar days for each review by Engineer. 2.6.3. 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 any Work at the site is started, CONTRACTOR and 0A4shall eaolh deliver to the ether OWNER, with copies to eaclt-additiernginstwe identified in the Supplemeriia;�- Qnditiws ENGINEER certificates of insurance (and other evidence of insurance reasonably —recut requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4, _`+--.6 and _`5 . Preconstruction Conference: 2.8. 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 understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Accepmble Schedules: 2.9, Unless otherwise provided in the Contract DocumentsTJ before any work at the site beer ns a conference attended by CONTRACTOR ENGINEER and others as appropriate designated by 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 Reauiements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment stall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as 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 inpose on ENGINEER responsibility for the sequenc ng scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR'S schedule of Shop Drawing and Sample submissions will be acceptable to ENGME11 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 ANUMING. REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concertung the Work. The Contract Documents are complematary; what is called for by one is as binding as if called for by all- The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intern of the Contract Documents to EKIX OENELALL CONDITIONS I9I0S (1990 E(lition) w/ aw of FORT COLT M MODIFICATIONS (REV 42000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9,4. 3.3. Reference to Standards and Specifications of Technical 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, whether such reference be specific or by implication shall mean the latest standard specification manual, code or Laws or Regulations in effect at the tiro a of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be 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 Rcgulaaan 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, and, CONTRACTOR shall not proceed with the Work affected thereby (except m 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. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provision of the Contract Documents and: 3.3.31. the provisions of any such standard, specification 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 previsions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard specification, marshal, code or instruction shall be effective to change the duties and 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 furnishing or performance of the Work or any duty or authority to undatakc responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Comma Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required". "as allowed", "as approved" or terms of like effect or import are used or the adjectives 'reasonable'. "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or )ant of ENGINEER as to the Work, it is intended that requiremait directioq rovaew or judgment will be solely to evaluate, in general the completed Work for compliance with the req liens ants of anal information in the Contract Documents and c nformancc 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 [fury or authority to supervise or direct the hi nishing or performance of the Work or any dity or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terns and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EKDC GENERAL CONDITIONS 19104 (1990 FAim) w/ QTY OF FORT COI.I.INS MOD[FICAT10NS (REV V2000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.9 3.6.2. ENGINEFR's approval of a Shop Drawing or Sample (pursuant to paragraphs 6 26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4) Reuse of Documents 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or famishing 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. Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Casttltant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on e)dcnsions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4—AV AILAREL.rrY OF LANMS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Avadabthry of Lands: 4.1. 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 Upen FeaseRable mvmen requestz t'trrrect grid .r OF ni flS 8_..1..._ ,.�,. r._. ,. .. ,a. 1,...,1. accor ws--and- RegulaWns, OWNER shall identify any encumbrances or restrictions not 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 casting 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 extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNERS furnishing these lands, rights -of - way or casements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 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 andPhyscalCondldons: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subseace conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.12. Physical Condfinons: 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. 4.2.2. Limited Reliance by CONTRACTOR Authorized• Techmcal Data. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documers Such "tecFmical 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 ENGINEER'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. other data, interpretations, opinions and information contained in such repotu or shown or indicated in such drawings, or 4.2.2.3, any CONTRACTOR ittapretation of or conclusion dawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Cma* ions: If CONTRACTOR believes that any, subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.22 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a charge in the Contract Documents, or 4233. differs materially front that shown or F-MCCENERAL COM1110xs 1910.3 (t900E&m) col CITY OF FORT OOLUM MODIFICATIONS (REV 42000) 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 immediately after becoming aware thereof and before fi»ther disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph6.23), notify OWNER and ENGINEER in untmg 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. 42.4. ENGiArEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNERS obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 42.5. Possible Contract Documents Change: 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 change. 4.2 6. Possible Price and Times Ag#ustments: 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 CONTRACTOR'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 4.2.3.1 through 4.2.3.4, mclusve; 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 6.1 with respect to Work that is paid for on a Unit Price Basis, any adjustment it Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to 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 submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of an) - examination. investigation, exploration. test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACfOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed 4) 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 Price or Conrad Tunes, a claim may be made therefor as provided in Articles 11 and 12. However. OWNER ENGINEER and ENGINEEfts 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 Condidons—Linde 1pound Facilities 4.3.1. Shown orIndcoted. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER 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 ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1 The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: O reviewing and checking all such information and data, (h) locating all Underground Facilities shown or indicated in the Contract Documents.(W) 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. 4.32. Not Shown or Indicated.- If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, p remp* immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph6.23), identify the o%mcr of such Underground Facility and EXDC GE14ERAL COND(TIOM 1910s (19" Eatim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the cdelt, 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 INGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 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 paragraph6.2.0. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles I I and 12. However. OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in cormection with any other project or anticipated project. Reference Points: 4.4- OWNER shall provide engineering surveys to establish reference points for construction 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 points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of nee�s�ry 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 Waste or Radioactive .Vateriak 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. OWNER shall 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 rv)M'14 n440. .__s.,...,t�—F)tAor all x-V as .era 011,T'L'Dt tv-for I��rdeas-wralitien-ur-sake .xaresEive--eseuq-if-arty. ( G?FFD A shall -net -be'requ-r-d to remme-Werk thefete and delwered to render ed-- safe -let t�he-rrntmptiort-eon . WeAr--_may_ba._rrsumad sa€rly io�:WIRx end t}re emexrrrrrtx� dent-af arr� #j a y-in n c z rr�-�--�a..a—...w.a�• ..•�fftl--wfi£FaTi-H6ClEi basedort-a reasonable-belief-it-LYtlf758fC:-dFtit3CJ rNk ReFee to Fe*aifflo such Golidit _ sit t pat�iotto th.a41"ork-��dous condition -Lr-crSacxz-a(Teelefi-ofea-ta-be-deiete"om t}w-�ti<Ak-4f-RNq�R peruorr-of-+l. "'^� ..�.li�nr-.ned-by-9W=35R's-awn m.ee5 of Sthffq in geenFdame with v.v . Regulatt-trtdernni6-end-hold hartrikss FEIPITR�'1GT^p—Subeenaaetem cwrr•_Mro aw"n_DaER!_ n.._... and—thetts ef6eers direetem employees, agents, ether them Item and against ell elaims; eaft losses an ha; s-cenditierrpmvid duet {�}en5 sueh�laim: sielviess, disease-exdeaih, or w injury to eratestraetion of -tangible.. pmparty..(other than the Work-itselt): in"tng-;he loss requiting thetefFem, and �=ffir Gerson-or-tttity4om-And agaitist t'-petson!"�4ys ewes n ge E1CDC GENERAL COMMTIOM 19104 (IM Editim) w) CITY OF FORT LOLL INS MODIFICATIONS (REV 4l2000) ARTICLE S-BONDS AND INSURANCE Performance. Payment and Other Bonds.• 5.1. CONTRACTOR shall ftnnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until me year after the date when final payment becomes due, except as provided otherwise b Laws or Regulations or by the Contract )�ocuments. 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 sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Sta$ 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 shill within ten days thereafter substitute another Band and surety, both of which must be acceptable to OWNER 5.3. Licensed Sureties and Insit"n; Certificates of Insurance., 5.3.1. All Bonds and irsuranoe 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 so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 53.2. CONTRACTOR shall deliver to OWNER with copies to each additional irstsed 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. 9111 er any tither h GAWSR-is