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
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endue erli in-t�aneit endue#all siQew ae�vst et -least
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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)
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R'.•'a\.a�vrvaVxtEl%M CONTRACTOR,
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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
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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
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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
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REQUESTED ANALYSIS
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Reservoirs Environmental. 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=.&
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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
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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
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Salmonella, Listsria, E.coli, APC. Y & M ,_ 48 Hr. _35 Dayair
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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
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2
5
5
5
6
6
6
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8
10
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15
16
18
20
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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
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O O
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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
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DATED o05/ 08/ 17
REVISIONS DATED: 6/23/17
6123117 NOTES:
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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)
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. . . ................................
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
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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.
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• 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
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378D N. Garfield Ave., Ste. 101
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Loveland, CO 13053ft
Office: 970.535.3534
Fax: 9 70.635.3537
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www.OSConstructors cnm
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Business: DS Constructors, LLC
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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
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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
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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
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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:
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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'
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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
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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. If CONTRACTOR is
Partnership, all partners should execute Bond.
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H30H08 (13H 3HI.LnOHlIM OIIVANI
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second 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
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/�, 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.
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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