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Home My WebLink About551106 DS CONSTRUCTORS LLC - CONTRACT - BID - 8140 MAX BRT TICKET VENDING MACHINE TRIM REPLACEMECity of Fort Collins Purchasing SPECIFICATIONS _►� Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing CONTRACT DOCUMENTS FOR MAX BRT TICKET VENDING MACHINE TRIM REPLACEMENT BID NO. 8140 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS AUGUST 5, 2015 - 3:00 P.M. (OUR CLOCK) 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. 4-5. �CONTRAGTQR-shall immediately: (0, topall such €iotiec-itt-v slit - 1t AlfsR-shiaN--- prompt lY eor>sttlt-with-1FlalE�-eeneernir>� the-r�et;�essity-kar G�WPIIsR to retein aaalifedperi te-evaluate such E0NTRAGTQRrs6ell-not`be d-to-resumeWok ._difinq AV in PAV anv-reEpired-permits-related-thereto anddelivered to that sum condition end arry atleeta #aria as hasbeen f resumed salely. if i'Vll l'T'U A/•'1'!"LCs and c entide..,^'^"e-vr the arAeurd of & r., .r... n io@ ,.: Work stappage MRS under which, there- �6 CONTRACTOR doesTtot rss ter resutna sualtvarlr awee to resume Mish Wed- -And eonditions� then 9R may order the Zltiv„:t. tr nrv�4; an r-r�rrr agree -as -to ewttitletment Atha amountur a of an as a ....i. of .6 luting s ..3. pei4ian of the lllefl. the tither-Party-fnay-make-a elaim4herafbr es-pFovidedwin portico -of the Work 1rformed_..by-OW is -.own ferearrer others trxtceornse with-Acticf�7: Rtgafationsc--0WI�TFSR--shall---it�mnifj= --end----hold l�rt►less-----C-�3AITRRCTaI�----Sul>�r+tmctors; eftlsers�--direstersc etttpbye es—egants:. _ other oonwltants-and-csubepntfactors -beach--and.-any.-of Chests-from-aril-against-all--elaims; eost.'fi-' dosses --and dantag�--nrg---Dort--ol ••- or- tasulting-€reins-sash cost; -loss--or- damage is- anbuwble•ie bodily -injury; insludi--the- loser of--use-fesulltatg-tluefafrom- anel (ii}n�-irr-this- subparss�ap}r-4-.5.4-shz3ll--e�bl�;ate OWNER -to indemnify,. any- j*rson-or-entity4 m-and own negllgence: ft>ieltlit; CAai2ifi80FdrtX ar-rev9altd-at'<11e Sits MIX GEN6ftAL COMMONS 1910.8 t 1990 k(fitim) wf CITY OFFOki-COLLINS MODIFICATIONS (itt-V 4R000) ARTICLE 5--BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract: Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such 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 Stak Bureau of Government Financial Operations, U.S. Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both ofwhic h must be acceptable to OWNER. S3. Licensed Sv"es and Insurers; Cettiioates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purc}►asod and maintained by OWNER or CONTRACTOR shall be obtained from surety or irsurance oompanies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragaph 5.4. 0"44IM- dull 8d(itf3t3nal--ifl9ltFCd--ldentfflCd-6i uic—v efndd3i91y ev ff any SA and 5.7 hereof, CONTR4CTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and 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 them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers•' compensation disability benefits and other similar employee benefit acts, 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACIOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5:4.4. claims -for damages insured by -customary .. I ,. 101 ,.r A-R r£ such -person t3y OONTo AGTOR _.'�' J 5.4.5. claims for damages, other than to the Work itself; because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom: and 5.4.6, claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4,6 inclusive ant_ 14.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER. ENGINEETt, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions. all of whom shall be listed as additional insureds, 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 Regulations, whichever is greater, 5.4.9- include completed operations insurance; EXI)C OENERAL CONDITIONS 19104 (1990 Edit ion) wf (]TY OF FORT COLLINS MODIRCATTONS (KhV 412000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33, 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially 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 whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide)-, 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defedhv Work in accordance with paragraph 13 12; and .5.4.13. with respect to completed operations insurance, and any Insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNTER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OW7VER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNiYs expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5-A-----Unlass otherwise provided,-in-the-Suprpl mentnry Gcmditicris: -OV 7,MR—shrill _ purchase---and---maintain of. the-full-replacertirnt-cost.-tlreraof EsabjavE--to such deductible -amounts-us-_may--be--prc�vidaE4-- r- Supplementary--C-onchtiotrr or required--by--Laws -and Regulations): This•insu nce shall: 5:64—. -include --the--irAeresls--ef----E3WNFR: entities -identified- in-tlw-,Supplementary--(_ widitions, each of -when, is deemed to have -an -insurable interest and shall -le -listed as -a n-insured or additio ail-insur-6d: 5:6.2-. be +mitten-on-a-BuildeesRisk�all risk"-cx fit that darAnge to the WME, ertd Werlrirt +rafind she -- the fella„•- -perils fire, tighttiirtg—e\tended coverage;-tltel3; •-vtxndalisnt--erxi-ntctlicious ntischiaf; �3: - ine}ude txpenses -irwurred, -in the -repair --or =mv4--any-itmred.pr ty-(including-butnot to a and chafws of enginem and a-hiteots} nr-Al-another-location-tket was ageecl-i©-in writatg-by 0 provided t}iat suslt-materials an�equpment-have--Een reeemmende 1� 0and 5.6.5. be maifitaiRed in efP „t until f.'ml . ayffient--is ijigwed to wham Ft eeftifieata of it�Fanee has bee 1sswd. -GOWNER shall �niatt3t8tfi�tlC}1-�iHi'ler Pete as -may --be -fequired-by- the-Supplernentarg-C-A ndit ions -ta identified in the is deef"ed to havi., fain i fac ile iiitefleslt and slell-be ligW a .. an4mu b , j d maintaincti by PW FsR in accordance-wit}t pefagfaphs kind .�varRge-affe�ill-not-ba-natzvailad-ter--materially changad�ranewal-fefds�ed-+.0 at-lea#-ikirty-da3�-pria� writte:.-� ti i ,tom- n -given-- ;v-.O 44BR artd whew-a-eeftifioate-of-imuranoe-lees-heen-iwued- wml-will contain --waiver provisions-__---in-.._acevrdame--w4th 13ma"It 5,1-1. 5.9. OWNER shall not be responsible for purchasing and maintain4 any property insurance to protect the interests of CONTRACTOR Subcontractors or others in dexrtifod in-th up�lexnerttsry.Oonditions:-The-risk-of sacft-Ioss•and iFarty-of-thetrt-w3shesrftPY- eeveruge within_ _limits ttf such-amotlnEa--each--map pur<;hasaand ateirilairritat-t#utpurehasags-own-ea.Tietnse. �:l{3:---I€-C�Oi�432z4CTOfi-req-irr-writit�-that-othter ti of to Change. OMer er • Witten zAmendment. Pricy —to VCDCOhl-& AL CONDITIONS 1910-9 0"0 E�tim) 1 col CITY OF FORT COLLINS MODtrICATION5 (REV 4R000) commencement o€4#te-Werk-aF0w site: 9 -shaH--in writing advise whether oF net su6h other S.41-1: -OWNER-and-G�RAOTOi-inteiidtlmtaU policies-purchasetdBGGOrdBflGf Wlt�t parBgfA�Yr $ � and 5.7 wig .._,.se.w nttrAM__R !*nT.t"T'1S nrrnv Suboontrtade)r� •--- ' insureds-or-additiorxrl insureds-in-such-polioies-and will Provide pFiffifff)�-Gvwage for ag -lebst's an danteg,m_sensed_-by-t--perils-c verecl-thereby: Ali ---- .. --- -- 1 Say L.... .. loan,., dhe the i+IF emotional cls dt(fftWnde O;WiW and PG��RAGTGR waive all Fs s�vill extend to the Fights that any f" making such waiver may have te the pweeeds-4 w'sufance wastee of othenvise peyable'wtder'any-policy-so issued 4.11.2. r.. ... ditie nttn.n:vm%i%wre ageirtst------- -C-ONTRd\CT9R.—---Subwntractgrss o€€tom; �ifc�cars�-etnplsyees-and--agars-�f-any--of tlaam; fdr: o€--ttsa - ctF - cttlt�- aartsegr�tial-less-e�endi�tg beyend-direct-pl;ysisal--less-er-- datttage--to arising peel} whe ffiff or-not-,nsured by4 A RR-, are! 4-1.1- ��-: ---1css-- or--- deatage_to...tl�-sotnplatad rasa}tiflg &ura•lire aFethe-insured peril aorere+d db---partial-.—alimtion- ptuant- ---to paragsph-14:1 E1;—e€ter�tl�etntial--C-etmpleticnt pursuant-to-pomgmph44-9-or-s#er-fir&e ivyment .m t by nttn inn eove par A It 5 # i -9Mell-eentain ttrF,v co+tseEiuential---low-�#te - racovery�-against -arty-oaf-CON-I'RAGTBR:.Subcontractors; di . ReceiptandApplicaJion 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 OCkWER as fiduciary for the insureds, 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 any loss with the insurers unless one of the ,parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such ohection 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 i..��r.tvrrol+as o Acceptance ofBonda and Insurance; Option to Replace: 5,14. If OW14ER has any objection to the coverage afforded by or other provisions of the Bonds or 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 padyshall-so-notifythe-offia-party, OW2\7ERwill r>�ijr�g �C'TQR in writing within ten fiFtgen days after receipt delivgy of the certificates (or other evidence requzstad) 19 QWZ required by paragraph 2-7. ' as 11;Wf ER and G�PR AGTG other --such additional .infonriation-i" respect--uf-insurance pxovided--as-the -other-may-.reasonably--request: (f-either party does rrol purc}rase or -maintain all -of the $cracks -rend irlsurane6--•required--4--such, -Mrty- -tha-Contract writing to the startv€-the to any C-hurigo or remedy; the -other-party-may -elect- to obtain -equivalent Bonds or-ursuranoe-to protect -such other party!! -interests at the expense -of -the -party -whey -was -required to provide such Contract Ai0e amordingly Partial UbGmdon-Propertr Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) wI CITY OF FORT COLLINS MODIFICATIONS (REV V200a) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.IQ 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 charges in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of arty' such partial use or occupancy. ARTICLE 6-COI 'MUC'I'OR'S RESPONSIMUTIES &pen4 ion and Superintendence: 6.1. CONTRACTOR shall supervisc, inspect and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and expertise as may he necessary to perform the Work in accordance with the Contract Documents, CONTRACTOR shal l be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a speck means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents CONTRACTOR shall be responsible to sce that the completed Work complies accurately with the Contract Mcumcnts. 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 0AINTER and ENGINEER except under extraordinary cucunnstances. The superintendent will be CONrTRACTOR's representative at the site and shalt have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, Materials anti Equipment: 6-3- CONTRACTOR shall 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 discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all 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 consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the F'i IGINEER no less than 48 hours in advance of any Work to be performed on Saturday, Sundav, Holidays or outside the Remlar Workme Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility 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 comply with the City's purehasim� restrictions. A covv of the resolutions are available for review in the offices of the purchasing and Risk Mang cmient Division or the Citv Clerk's office. 6_4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cemgW was not trade 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 Lxpressly run to the benefit of OWNER. If required by ENGINEER, CO,FrRACI'OR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equiIpment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, exccpt as otherwise provided in the Contract Documents. Awgress 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 sIvall 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. Proposed adjustments in the progress schedule that will change 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 naive of a 1iartieular Supplier, the specification or description is intended to establish the type, function and quality requiredfinless the specification or description VCDC OENtRAL CONDITIONS 19 i o-s t1990 E(fition) 12 wt CCIY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. 'Vr-Equal". If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" 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. Subslihile Items: if in EN'GINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will tx. 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 ENGINEZER 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 HNGTNF.F,R from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish 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 similar in substance to that specified and be suited to the same use as that specified The application will state the exunt, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work 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 maintenance, 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 change, all of which will be considered by ENGINEER in evaluating the proposed substitute. E4G1NEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CONTRACTORSs Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTORS expense. 6.7.2. Substitute Construction Methods or Procedures: If aecific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may famish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINBBR's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuard to paragraphs 6.7.1.2 and 6.7.2, LNGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to f rnish at CONTRACTOR' expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEMs Consultants fox evaluating each such proposed substitute item. 6.8. Concerning Subcortirnctors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EJCDC OtiNERAL CONDITI ONS 19104 (1990 Edition) w/CITY OF FORT COLLINS MOMFICATIONS ¢tLV 42000) 6.9. CONTRACTOR shall perform not less than 20 percent of the Work with its own Forces (that i& without subconttra . The 20 ent re meet shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price_ 6.8 2. If—the--Supplementary-.Conditions Biddirt Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in-edvenoe-op-the-speeified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGiMPF and —if OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of iFM lrasief3easbbe tierr e will lie -��iffereriee in the cost-, st"-substitution-and-an--appropriate-CliaW Order will be :,. red of nrffe_ Amendment sig -d will constitute a conditioxt of t}the Contract re air' the use of the named sulicontractoes, suppliers a other persons or organization on the Work unless Iior written approval is obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. COI\TTRACTOR shall be fully respognsible to OWNER and ENGINEER for all ads and omissions of the Subcontractors, Suppliers and other persons and organizations performing or fnnnishing any of the Wort: under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTORS own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor. Supplier or other person or organization any contractual relationship between OWNER or ENGMER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER cr ENGINEER may furnish to any subcontractor, supplier or other Berson or oireanizatian evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Atmlications for Payment". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Ck..)NTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of an Drawings shall not control CONTRACTOR in dividing the Work anmong Subcontractors or Suppliers or delineating the Work to be performed by any specific trade, 6.1 L All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor ur 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. additierre insuranee- ,pricked -in Feement between the C-4DWR•AC40R--end-ilia-.Subcontractor-or—SuprAier- will of sopplief Canmilts;#,; and all other r t?fV -fils eev,rM by the -Work, - If--the-insurers-an-any-such-policies-require Supplier r ll1.T %W-TO will t^lain Lt e �'I'["'�-r;�z=-.air.-: r nc�.,�rac.�.aaraasw.,c Patent Fees and Rowadties• 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 tights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of ary license 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 Regulaticros, 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 arising out of or resulting from any irafrirtgement of patent rights or copyrights incident to the use in the performance of the Wort: or resulting from the incorporation in the Work of any invention, design, pprrocess, product or device not specified in the Contract Documents, VCUC OhNaLAL CONDMOM 191" (1990 &fitim) VVI CITY OF FORT COLLM MODIFICATIONS (REV 4P2000) Permits., 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shalt obtain and pay for 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, at the Effective Date of the Agreement, CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees_ 6.14. Laws and Regulations 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulation.% applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNfiR nor FNGIN1 ER shall be responsible for monitoring CONTRACfOR'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. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be =ma,nentiv___,•,traccxgoraled into the taoiect. Said taxes shall not be tncluded in the Contract Price. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver. Colorado. 80261 Sales and Use Taxes for the State of Colorado Regional Trar>sporiation District (RTD) and certain Colorado counties are collected by the State of CUlorad ,and are kc uded in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than constmetion and building; materials phvsicaliv incorporated into the project are to be paid by CONTRACTOR and are to be included in appropriate bid items. Use of Prenuses; 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the opp�atiom of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulation& rights -of -way, permits and casements, 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 arry 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 patty 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, ENG iNEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER ENGINEER or any other party indemnified hereunder to the 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 anti 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 any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents. EJCDC O&NERAL CONDITIONS 1910-8 (1990 Editim) WICITY OF FORT COLLINS MODIFICATIONS Ct -V AtL000) 6.19. CONTRACTOR shill maintain in a safe place at the site one record copy of all Drawings Specifications, Addenda. Written Amendments. Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during 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 Mork, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safetr and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety ol; and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all person:, on the Wort; site or who may be affected by the Work; 6.202. 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 haws and Regulations of any public body having jurisdiction for safety ofpersons or properiy or to protect them frotn damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with therm in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.2a2 or 6203 caused, directly er 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 LIGINEERs 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 resprinsibi litics for the safety and protection of the Work Mall continue until such time as all the Work is completed and ENGINEER has rued a 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 Representative. - CONTRACTOR shall designate a qualified and e..Vaienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro nums. HazardConrmunication Programs. 622. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws or Regulations. Emergencies 623. In emergencies affecting the safety or protection of persons or the Work or propx rty 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 in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in .response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24, Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities. dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 626. 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 FEGINEER to review the suhmittal for the limited EJCDC GLI AL COMMON31910-9 (1990 Edition) 16 wJ CITY OF FORT OOLLINS MODIFICATIONS (REV 4/200a) purposes required by paragraph626. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures. 6.25.1. Before submitting each Shop Drawing 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, shi ins, 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 Drawings and Samples and with the requirements of the Work and the Contract Documents, 6,25.2. Each submittal will bear a stamp or specific wTitten 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 Slop 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. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawing,,- and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINaR'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 Oven 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. HNGINFER'.s review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 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. 6.2& Where a Shop Drawing or Sample is required In, the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by F,NGTNEER as required by paragraph2.9, any related Work performed prior W hNGINEER's review and approval of the 1x:rtinc'nt submittal will he at the sole expense and responsibility of CON't'RACTm- C ontinuing the Work: 629. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 155 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTRWTOR's General Warranq• and Guarantee, 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ONTGTNEER and ENGTNEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTTRACTOR'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 EXI)C GENERAL CONDITIONS 1910-8 0990 E(itian) wt C I TY Of FORT COLLINS MODIFICATIONS (REV 4/2000) 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 ENG INEER, 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents: 630.2.4. usee 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 lhxiwvtg or Sample submittal or the issuance of a notice of acceptability by ENGfNEF,R pursuant to paragraph 14.13: 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. arty correction of defective Work by OWNER. Indentnifrcadon: 6.31. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER. LNGMTER. ENGLNELR's Consultants and the officers, directors, employees, agents and ether 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, less 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 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by 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 all 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 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an any of them to perform or furnish any of the Work or anyorte for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not It limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor„ Supplier or other person or organization under workers compensation acts, disability benefit acts or other employee benefit acts- 6.33. The indemnification obligatuns 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. Sun,iral of Obligations 6.34. All representations, indemnifications, warranties and guarantees made in required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTFIER WORK Related Work ai Site: T1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain C;eneral 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 Documents, then. (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (i1) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the 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 contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make. its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of C'ONI'RA(7OR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EJCDC OENEFLAL CONDITIONS 1910-8 f t990 Edition) is WI CITY OF FORT COLLINS MODIFICATIONS QREV 4R000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRAC'TOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOWs Work except for latent or nonapparent defects and deficiencies in such other work. Coortknation: 7.4, If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions- 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified, 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized: and 7A.3. the extent of such authority and responsibilities will be provided. Unlcss otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8--ONVNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER stall issue all communication to CONTRACTOR through ENGINEER. 8.2, In case of termination of the employment of ENGINEER.. OWNER shall appoint an engineer against whom-CO?4TI2AC-TOR- makers-no-reas( mble- *eetian whose status under the Contract Documents shall be that of the former ENGINEER. 83. 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 provided 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 structures at or contiguous to the site that have been utilized by ENGMER in preparing the Contract Documents. S 3 r,tzn 4-nos _,,...., fisi .:r,:. o of PgF,.n,... ing kifid C forth in-psragraphs-5 5-through 5-1©: 8.6. OWN'ER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNERs responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13A 8.8. In connection with OWNER's right to stop Work or suspend Work, see pa hs 13,10 and 15.1. Pa suspend 15.2 deals with O=s right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall net 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. MbMtM Eetreiet:m, Ha;!ar,&US 1V85te EW Radieeetive Materials "eevered of myealed at the site -is ' NTn AC -TO M- A ,. o ,, tamer r,„......�,.t arr<ungemants-iaave---beeri—made—ter—satisfy--9�'a rasporisibility-in-raspaeet-t1�rc*raf-will-1va os-sat-fer�h-ire titer �upplantenkn ry•-F-onditions, ,ARTICLE 9—ENC.TNEFR'S STATUS DURING CONSTRUCTION O WWER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER t wis 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 EJCDC 0E'ERA1, CONDITIONS 1910-8 (1990 Edtim) wl C117Y OF FORT COLLINS MODIFICATIONS (REV A2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations. ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEERS 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. ENGINEE.R'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 CONTRACTORS 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 famishing 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 a a in 44e c,.pp)e.....m y Condition of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINE,ER's ConsultaM agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in past 93 of these General Conditions If the ENGINEER furnishes es 9J�te&Ce�f1_P th�i assistants_ or if the OWNER designates a Representative or aszerrt, all as provided in tyatauraph 93 of the General Conditions these Rermsentatives shall have the authority and limitations s�ra av_ided in paragraph 9.13 of the General Conditions and shall be subject to the foliowim: 9.3.1 The Representative's deahm in matters pertaining to the ond-ite work will, in general, be with the ENTGMEER and CONTRACTOR But the Repesentative will keep the OWNER nronerly advised about such matters. The Reyresentative's dealings with subcontractors will only be through or with the full knowledge and approval of the CONTRACTOR. 9.3.2 Duties and Resporuibilities. Representative will: 9.3.2.1. Schedules - Review the progress 19 schedule and other schedules prepared by the CONTRACTOR mid consult _ with the ENGINEER conc=ine acceptability. 9.3.2.2 Conferences and Meetirm - Attend meeting with the CONTRACTOR such as preconstruction conferencm gtgress meetines and other iob conferences and prepare and circulate copies of minutes of meetincs. 93.23. Liaison 9.3.2.3.1. Serve as ENGINFER'S liaison with CONTRACTOR, workirw principally through C OMRACTORS Mintmdent to assist the CC)N1'RAc7r6R in undastandii the Contract Doccanents. 9.3.2.3.2.Wj additional details pr information. when repaired, for proper execution of the Work. 9.3.23:3. Advise the FNOINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been apRrovcd by the ENGINEER. 9.3.2.4.Review of Work ReieetioMADs ecti" Work,Tns�ectians and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in pMress to assist the FNGM- ER in determinirthai the Work isroceedint= in accordance with the Contract Documents, 9.3 2A.3. Accomteny visiti ectors representing public or other agencies having jurisdiction over the ProiecL record the results of these i-ctions and repqrt to the ENGINEER 9.3.2.5. Interpretation of Contract Documer s. Report to ENGBUM when clarifications and inter metations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the IL:CM11L—m 7 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S smvestions for EJCDC OE140 AL CONDlnoM I910-s (1990 E(fitim) 20 wi CITY OF FORT OOLLINS MODIFICATIONS (RE.V 42000) modification in Drawings or Specifications and report these recommendations to EnTCr1NEE�, Accurately transmit to CONTRACTOR decisions issued by the ENGLNEER 9.3.2.7. Records. 9.3.2.7.3. Record names addresxs and telephone numbers of all CON —TRACTORS. subcontractors and maior suppliers of egw_pment and materials. M.S.I.8.FurnishFN�r�1 �pe_.r�cite reDort& as recauired. of the progress of the Work and of the CONTRACTOR'S ccn Dance with the =press schedule erid schedule of shopDrawum and sample �Ilil1�, 9.3.212. Consult with MCIIME� advance of scheduling_Taj_or . t gj inspectionsor start of important phases of the Work. 9.3 2.8.3. Draft propmed Change Orders and Work Directive Chang-e& obtaining backup material from the CONTRACTOR and recommend to ENGINEER CCtiianee Orders. Work Directive Charities and field orders. 9.3.2.8.4. Report immediately to EgGMER and OWNER the occurrenceof any accident 9.3.2.9. Payment Requests. Review applications foryment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to ENGINEER. notion Particularly the relationship of the W ment r tyucsted to the schedule of values„ work completed and materials and gqui�tnent delivered at the site but not incorporated in the Work. 993.2.10. Comklztim. 9.3 2.10.11. Before ENGINE -ER issues _ a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items reauirim, correction or completion. 9.3.2.10.2. Conduct final inspection in the companv of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9,12.10.3. Observe that all items on the final Iist_have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any _deviations _from the ContDract gcumeni _or accent any substitute MqtMn&_2r Ng:_M ._ authorized py�he ENGINEER 9.3.3.2. Excced limitations of ENGINEERS authority as set forth in the Contract Documents. 9.3.3.1 Undertakt any of the resnonsibilities of the CONTRACTOR. Subcontractors, or S�LgT�BS�i'4f3v��t�il�teQctettt. 9.3�q — AdviK My�9,t_ issu_.e_kL)4 orn re a ' e to or assume control over any_: aspect_ of the means, methodstec es seauence s or procedures for cprtru�tigrt upless such specifically called Cor in the Contract Dcx tunents. 9.3.3.5. Advise an or issue directions przcaufitxts ark orotu'ams in connections with the Work. 9.3.3.6. Acpept_—Shqp Drawings_ _ r sample submittals from anyone other than the CONTRACTOR 9.3.337. Authorize OWNER to occupy the Work in whole or in part. 9.3.3.8. ParticinaCe in specialized field or laboratory tests or inspections conducted by others except _ as_ specifically _ authorized by the ENGINEER Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC GENERAL CONDITIONS 1910-8(1990 Edtim ) w7 CITY OF FORT COLLINS MODIFICATIONS (REV 40-000) requirements of the Contract 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 Contract 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 11 or Article 12. Authorized Mariations in (Fork: 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 Contract Price or the Contract Tunes 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 arc unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I 1 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 functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7 In connection with LNGINEERs authority as to Shop Drawings and Samples, see paragraphs 6.24 [}sough 6.28 inclusive. 9.8. In cormpetion with ENGINEERS authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINTER's authority as to Applications for Payment, see Article 14. Determinations 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 f NGINFEE.R's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR unless, within ten rays 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 (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unles, othcnvise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the Procedures of paragraph 9.11. Decidons on Dispurev. 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 i i and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to .ENGINEER and the other party within sixty days after the start of such occurrence or event unless EINGINEER 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 aftzr receipt of the claimant's last submittal (unless FNGINF.ER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any. in accordance with this paragraph. ENGINEER'S written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER'S decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreem ent", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (i) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from EIGINUM's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EJCDCUENELALCONUMOM191"(1990Etfitiml 22 wi CITY OF FORT MLLINS MODIFICATIONS (REV 412000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When finctioning as interpreter and judge under paragraphs9.10 and 9,11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not he 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 or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matterpaEsuant to .Ride . 9.13. Limitations on ENGINEER's Authority and Resvnsibiliries: 9.13.1. Neither ENGINEFR's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by FNGINEEiR in good faith either to exercise or not exercise: such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other Person or organization, or to any surety for or employee or agent of any of them. 9.13 2. ENGINEER will 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 Lailure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will. not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, arry Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13A. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by Paragraph 14.12 will only be to determine generally that their 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 limitations upon authority and responsibility set forth in this paragraph 9,13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidsttmm,*�the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work- Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 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 paragraph6.23 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 ENGL\'EER (or Written Amendments) covering: 10.41 changes in the Work which are (i) ordered by 0WNER pursuant to paragraph 10.1, (u) required because of acceptance of ckfeetive Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (W) 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 accordance 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 EJCOC GENERAL CONDITIONS 1910-8 0990 E(fition) wICYTY OF FORT CY)LUNS MODIFICATIONSfV 4t?0a0) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of arty such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II --CHANGE OF CONTRACT PRICE 11.1. The Contract Pricc constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall he at CONTRACTORRs expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment 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 event giving rise to the claim and stating the general mature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days alter the start of such occurrence or event (unless FNGINF.F,R 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 Price shall be determined by I NCIINEER 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 112. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be detennined 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 11.9.1 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 sun (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2). 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in pararaphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of rke Work: 11.4. The term Cast of the Work means the sum of all casts necessarily incurred and paid by CONTRACTOR in the proper performance of the Work, Except as otherwise may be agreed to in writing by OWNER, such casts shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1.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 he apportioned on the basis of their time spent on the Work payroll costs shall include; -but not be limited to - salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health end -retirement benefits; bonuses, sierave aeatiotrand lteli pat applicable thereto. The expenses of performing '(York after regular working hours, on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment punished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits finds with CONTRACTOR with which to make payments, in which case the. cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by 0WNFEt, EJCDC GENERAL, CONDMONS 1910-3 (1990 E(tition) 24 wl CITY OF FORT COLLINS MODIrICATIONS (REV 42000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragaphs l l.4, 11.5, 11.6 and I LT All subcontracts shalt be subject to the other provisions of the Contract Documents irtmfnr as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architccts, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental casts including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of C:ONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers which arc 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. 11A.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 OWIN'LR with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar tares reLited to the Work and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than 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, and royalty payments and fees for permits and hcenses. 11.4.5.6. Losses and damages (and related expenses) 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 5.9), provided they have resulted from causes other than 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. Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. if, 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 cast of utilities, fuel and sanitary facilities at the site. 11.4.5X 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 A.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5, The term Cost of the Work shall not include any of the. following: 11.5.1. Payroll costs and other compensation of COiNTRACTOR'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 costs covered by the CONTRAC MWs fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.53. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4,5.9 above). VCDC OENHRAL CONDITIONS 1910-s t1990s(ktim) wI CI rY OF FORT COLUNS MODIFICATIONS (FLEV VNOO) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anytme directly or indirectly employed by any of them or for whose acts any of them may be hab(e, including but not limited to, the correction of defective Work. disposal 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. 11.6. The CONTRACTOR's 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: 11.611. for costs incurred under paragraphs11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent-, 11.6.22 for casts incurred under paragraph 11.4.3, the CONTRAC 0R's fee shall be five percent; 11A-2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fec 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 -of €ive percent -o€ 4he -clue m#-paid 4e the ne tt lower 4ser Subcrontraekir to be negotiated DXogd fq with theeWtD�&� not to exceed fiv rocii of the amount maid to the next lower jgl�Ll�CO3�1ti1CL.Or.- 11.6.2.4. no fee shall be payable on the basis or costs itemized under paragraphs 11.4.4, t 1.4.5 and 11.;; 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 he computed on the basis of the net change in accordance with p>taragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7- Whenever the cast of any Work is to be 25 determined pursuant to paragraphs 11.4 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: I I.S. 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 acceptabletoOWN1 R and ENGINEER_ CONTRACTOR agrees that: 11.81, the allowances include the cast to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes: and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation cost-, 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 E:NGINFFR to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Prig: shall be correspondingly adjusted. It .9. llnir 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 Price 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 performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.0WNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I I if: 119.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and signtifrcantly from the estimated quantity of such item indicated in the Agreement VCDC OLNFPtAL CONDITIOM 1910-9 (19901i(fitim) �6 wf(,ZTYOFFORT COLLINS MODIFICATIONS Q21V4R000) and 11 9.3.2. there is no corresponding adjustment with respect to any other item of Work. and 11.9.33. if CONTRACTOR believes that CONTRACTOR is entitled 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. 119.3.4. CONTRACTOR acknowledges that the OWN F,R has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ART1C IS 12--CHANCE OF CONTRACT 71 MES 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 Mlestones) 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 aco umpanied by the claimant's written statement that the adjustment clauned 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 paragraph9,11 if OWNER and CONTRACTOR cannot otherwise agree, No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements. of this paragraph 12.1 _ 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3_ 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 in amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where COIN -TRACTOR is prevented from completing- any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OtANTER and CONTRACTOR an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for suds delay. In no event shall OWNER be liable to CONNTTRACTOR, any Subcontractor, any Supplier, any other person or organization or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. x1RTICLE 13-TESTS AND INSPECTIONS; CORRECTION, REMOVAL. OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects• Prompt notice of all defective Work of which OWNER or ENGR3F>ER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGIIN'EER, LTIGINEER's Consultants, other representatives and personnel of OWNER, independermt testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable- for their observation inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such aceess and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tells 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. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspecticros conducted pursuant to paragraph 13.9 EJCDC GENERAL. CONDIT1ON51910-8 (1990 Edtiar) wf CITY OF FORT COLLINS Iv1ODIFICATIONS M-V 42000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 115. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish VNG NFER the required certificates of inspection, or approval. CONI'RAC.MR 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 ENGINFER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix desi&ts, or equipment submitted for a oval prior to CUNTRACTOR'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 CON -TRACTOR without written concurrence of FNGINRER, it must, if requested by ENGINFPR, be uncovered for observation. 133. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGfNFFR has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGIINT)ER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If F.NGTNF,ER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGI' ER'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 defective, 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 not 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 unable 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 ciefective, 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 27 increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. uncovering, exposure, observation, inspection, testing, 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. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work, in such a way that the completed Work will conform to the Contract Documents, OWN1 1 R may order CONTRACTOR to stop the Work. or any portion thereof, until the cause for such order has been eliminated; however, this right of OWN1:R 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 ENGINEM CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims casts, 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). 13.1L Correction Period 13.12.1. If within one-year two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the tcmts of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other EJCDCOENEF-AL CONDITIONS 191" (1990 Eo4tion) o& w1 CITY OF FORT COUJNS MODIFICATIONS (REV 4PL000) 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 extended for an additional period of mar two yeah after such correction or removal and replacement has been satisfactorily completed, Acceptance of Defective Work: 13.13. lf, instead of requiring correction or removal and replacement of defective Work, OWNER (aril, prior to ENGINEER's recommendation of final payment, also FNG1NF_FR) prefers to accept it, OWNP,R may do so. CONTRACTOR shall pay all claim& costs, losses and damages attributable to OWNER'- 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 ENGiNEFR's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Docum ents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the panics 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. OWN' R JVgr Correct Defective Work: 1314, 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 wiih paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRAC_'TOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, 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 pamgraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Wort:; and OVON''ER 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 I1. Such claims, costs, loges and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction removal or replacement of CONTRACTOR's defecthw Work- CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNS -Rs rights and remedies hereunder. ARTICLE 14--Pe1YN ENTS TO CONTRACTOR AND COMPLETION Schedule of Mztuec.• 141. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a momb), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of die date of the Application and accompanied by such supporting documentation as is required by the Contract Document& 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 OWNER's interest therein all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Attnftirxls that are withheld by the OWNER shall not be subsea to substitution by the CONTRACTOR writh securilies orb, suranemznts involvint; an ex rcnv cn gugpd anship. By exj�quting the application for_pay^ment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-9]-101, et seg. C0JVTR4C70R's Wanuntt, of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of.4pplieations fur Progress Payment. 14.4. ENGINEER will. within ten days after receipt each Application for Payment, either indicate in writing W,DC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS MEV 42000) 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 ENGINEERS 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 145. ENGiNEER's recommendation of any payment requested in an Application for Payment will constitute a representation by FNGINEFR to OWNER, based on FNGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINSER's review of the Application for Payment and the accompanying data and schedules. that to the best of ENG1NHFR's knowledge, information and belief 14.5.L the Work has progressed to the point indicated, 14.5.2_ the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINMER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNTT1 R or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final 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 any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONfRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. FNGINEER 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 ')y 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 ENCTINEER'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, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because 14-7.5. claims have been made against OWNER an account of CONTRACTOR's performance or famishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7,7, there are other items entitling OWNER.. to a 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 inclusive, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's s tisfaction 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 Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EJCDC OEN6)tAL CONDITIONS 1910-8 (1990 Edition) 30 WICITY OF FORT' CY)LLINS MODIFICATIONS MV 42000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections. ENGINEER concludes that the 'Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, slating 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 cr corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude COIv RACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or erect items on the tentative list Partial Utilization: 14.10 Use by OWNER at OWNER's option of any substantially completed part of the Wort;., which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTR.ACTOWs performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.101.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such partof the Work, which OWNER believes to be ready for its intended use and substantially complete. if CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part 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 request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that pan of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving;, the reasons therefor. If ENGINEER considers that part of the )Fork to be substantially complete, the provisions of paragraphs 14.8 and 149 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto 14,10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof Ls complete, ENGINTEER will make it final 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 defectNe. CONTRACTOR shall immediately take such measures as are necessary to complete such work or rem edy 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 paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment Arll be amompanied (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, (it) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNfiR or OWNi;R's property might in any way be responsible have been paid or othenvise satisfied If any Subcontractor or Supplier fails E1CDC OENERAL CONDITIONS 191" (1990 Edition) wl CITY OF FORT COLLINS MODIRCATIONS (REV 412000) to furnish such a release or receipt in full, CONTRACTOR may famish 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_ UgM!cnl are to be submitted on forms conforming to the format of the OWNER'S standard forms bourid in the pro_y� manual• Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review ofthe 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 ENGMEER's recommendation of payment and present the Application to OWNER for payvient. At the same time ENGINEER will also give written notice to OWNER arid 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 fort and substance and with ENGINF.ER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 17.6.2 of these QieW_r.C♦i :MCJQQFS 14,14 Ii~ through no fault of CONTRACTOR. final completion of the Work is significantly delayed and if ENGINEER so confirms, OINNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. if the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished cis required in parag-aph S.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made 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 Ol4NFR amirnst CONTRACTOR, except claims arising; from unsettled Liens, from defective Work appearing after 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 under the Contract Documents, and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPEINSION OF WORK AND TERNU NATION 0JE ER Aiav 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 clays 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 I 1 and 12. OWNER Allay Terminate: 15.2. Upon the occurrence of any one or more of the following events7 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 29 as adjusted from time to tune 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 substantial 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 extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid 32 EJCDC GENEft.N. COMMONS 1910-$ U 990 E(ition) wi CITY OF FORTCOLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment tmtil the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, lasses and damages sustained by OWNER arising out of or resulting from completing the Wort: such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR stroll pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed 1)), ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change 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 CONTRAC—l'OR's services have been so terminated by OWNER. the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACI'OR shall be paid (without duplication of any items) 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and ti<amages incurred 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 loss arising out of or resulting from such termination CONTRACTOR Mqv Stop Work or Terminate: 15.5. If through no ad 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 outer 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 any 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 terms as provided in paragraph 15A. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted,, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENG1NT,+.R stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this pamgmph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Time.,; or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as Permitted by this paragraph. ARTICLE 16—DISPUTE RFSOLUfION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving dislutes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall he 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, OXVNTER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Rep tlations in respect of any dispute. ARTICLE 17—MLSCELLAuNEOUS Giving 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 whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address ]mown 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 EJCDC; OENERAL CONDITIONS 1910-8 (1990 Edition) w/ CIIY OF FORT COLLINS MODIFICATIONS (REV V2000) 172.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3, Should OWNER or CONTRACTOR stiffer 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 party within a reasonable time of the first observance of such injury LT damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulative Remedies: 17.4. The duties and obligations unposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, 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 F.NGIIsTEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special 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 Costs Included• 175. 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; �__,;>n,�4 1,1�vs Q1~�z,Srate t' orado. g1�1X to this .AgreemenL Reference to two rtinent Cplorado statues are as follows; 176? If a claim is filed, OWNER is required by law (CS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hire sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 EXEC UE'NE'RA,L CONDITIONS 1910-8 0990 Edition) 34 wl MY OF FORT COLLINS MODIFICATIONS (REV 4/1000) (This page left blank intentionally) EJCDC OENEM CONDITIONS 1910-5 (1990 Edition) 35 w) CITY OF FORT COLUNS MODIFICATIONS ft-V 42000) 36 EJCDC GENERAL CONDITIONS 1910-5 (1990 E�tion) wt CITY OF FORT COLLINS MODIFICATIONS (REV 4I1000) 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 court 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 ENGT1dEF,R has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.16 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 party to the Agreement and with the American Arbitration Association. and a copy will be sent to ENGINEER for information_ The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 162 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based an such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 19I0-8 (1990 Editiont wi CITY OF FORT COLONS 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- ENGiNEERs Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3, the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent sha11 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 OIAN'ER 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 ENGINEER'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. OW'NE-R and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims. disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating - arbitration would irrevocably prejudice one of the 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 submittal to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise anreed. GC -AI 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 EJCDCGENERAL CONDITIONS 1910.8 (1990E(htion) OC-Al w! CITY OF FORT COLLINS MODIFICATIONS (REV 4l94) 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: ►OM Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: N/A SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-8.10 OWNER's Project Manager A. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The Project Manager shall have the authority set forth in the OWNER's Capital Project Procedures Manual. The Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work, or for any failure of the Contractor to comply with laws and regulation applicable to the performance or furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Resident Construction Inspector(s) (RCI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any RCI assignments. The RCI shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The RCI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The RCI's dealings in matters pertaining to the on -site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. SC-13.12 Correction Period: 13.12.1 If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, an Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions ... SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. FEDERAL TRANSIT ADMINISTRATION FEDERALLY REQUIRED CONTRACT CLAUSES NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et sec. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Operationa I Service Contract Constructio Turnkey n Architectural Engineering Acquisitio n of Professional Rolling Services Stock I.State Grantees a. Contracts below None Those None None None None SAT ($100,000) imposed on state pass thru to b. Contracts above None Contractor Yes, if non- .: None unless None None unless non- $100,000/Capital unless competitive non- unless competitive award Projects non- award or if competitive non- competitive funded thru2 award competitiv award 5307/5309/5 a award 311 II Non State Grantees a. Contracts below Those SAT ($100,000) Yes3 imposed on Yes Yes Yes Yes non -state b. Contracts above Grantee $100,000/Capital pass thru to Projects Yes3 Contractor Yes Yes Yes Yes Sources of Authority: 149 USC 5325 (a) 2 49 CFR 633.17 318 CFR 18.36 (i) 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. TERMINATION A. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. B. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. C. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. D. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. E. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. F. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. G. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). H. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. 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. If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin. Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et sec.., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is _ %. A separate contract goal [of _ % DBE participation has] [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. (if a separate contract goal has been established, use the following} Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]: 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. [Bidders][Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). (if no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the City of Fort Collins. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the City of Fort Collins and contractor's receipt of the partial retainage payment related to the subcontractor's work.] e. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. BUY AMERICA The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products Certificate of Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date Signature Company Name Title Certificate of Non -Compliance with 49 U.S. C. 53236)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title Certification requirement for procurement of buses, other rolling stock and associated equipment Certificate of Compliance with 49 U.S.C. 53236)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date Signature Company Name Title Certificate of Non -Compliance with 49 U.S.C. 53236)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 CFR 661.7. Date Signature Company Name Title 11. BREACHES AND DISPUTE RESOLUTION Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City's [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 12. LOBBYING Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100, 000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 13. CLEAN AIR Clean Air — (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seg. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 14. CLEAN WATER REQUIREMENTS Clean Water — (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. CARGO PREFERENCE REQUIREMENTS Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of - lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 16. DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS Background and Application The Davis -Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that "at least partly are financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a). 'Construction,' for purposes of the Acts, includes "actual construction, alteration and/or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below. The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied. Clause Language Davis -Bacon and Copeland Anti -Kickback Acts (1) Minimum wages — (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v) (A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed 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 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. 23.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding — The City of Fort Collins shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the City of Fort Collins may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records — (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii) (A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City of Fort Collins for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees — (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility — (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Background and Application The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts "financed at least in part by loans or grants from ... the [Federal] Government." 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non -construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any "contract in an amount that is not greater than $100,000." 40 USC 3701(b)(3) (A)(iii). The Act applies to construction contracts and, in very limited circumstances, non - construction projects that employ "laborers or mechanics on a public work." These non - construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed "commercial items." 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below. The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model clause below should be coordinated with counsel to ensure the Act's requirements are satisfied. Clause Language Contract Work Hours and Safety Standards (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore- shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 18. BONDING REQUIREMENTS Applicability to Contracts For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: (a) A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. (b) A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (c) A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: 1. 50% of the contract price if the contract price is not more than $1 million; 2. 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or 3. $2.5 million if the contract price is more than $5 million. (d) A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond. Flow Down Bonding requirements flow down to the first tier contractors. Model Clauses/Language FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared sample clauses as follows: Bid Bond Requirements (Construction) (a) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to the City and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by the City to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of the City. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of the City, shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefore. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by the City as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned bidder agrees to indemnify the City and pay over to the City the difference between the bid security and (Recipient's) total damages, so as to make the City whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: (a) Performance bonds 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the the City determines that a lesser amount would be adequate for the protection of the City. 2. The City may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The City may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds 1. The penal amount of the payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the City may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements (Non -Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. (a) The following situations may warrant a performance bond: 1. City property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the City, after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. (b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows: 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the City determines that a lesser amount would be adequate for the protection of the City. 2. The City may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The City may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. (d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: 1. The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million; (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The City shall determine the amount of the advance payment bond necessary to protect the City. Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The City shall determine the amount of the patent indemnity to protect the City. Warranty of the Work and Maintenance Bonds (a) The Contractor warrants to City, the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by City, free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. (b) The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by City and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to City. As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to City written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). 19. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 20. RECYCLED PRODUCTS Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 21. ADA Access Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et seq. and DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; and Joint ATBCB/DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB's "Americans with Disabilities Act Accessibility Guidelines" (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37. 22. CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing(Dfcgov.com or calling 970-221-6775. SECTION 00300 BID FORM DAVIS BACON WAGE RATES General Decision Number: CO150008 01/09/2015 CO8 Superseded General Decision Number: CO20140008 State: Colorado Construction Type: Building County: Larimer County in Colorado. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis -Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01 /02/2015 1 01 /09/2015 ASBE0028-001 10/01 /2013 Rates Fringes Asbestos Workers/Insulator (Includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) ................................................ ---------------------------------------------------------------------------------------------------------------------- $ 28.83 13.18 CARP 1001-001 05/01 /2013 Rates Fringes CARPENTER (Including Formbuilding and Metal Stud Work)................................................................. $ 25.00 5.39 ---------------------------------------------------------------------------------------------------------------------- CARP1607-002 06/01/2012 Rates Fringes MILLWRIGHT.................................................................................. $ 28.95 11.10 ELEC0068-009 06/01/2014 Rates Fringes ELECTRICIAN (Including Low Voltage Wiring and Installation of Communications Systems, Security Systems, Telephones, and Temperature Controls) .................................... $ 32.65 12.70 --------------------------------------------------------------------------------------------------------------------------- * ELEV0025-002 01/01/2015 Rates Fringes Elevator Constructor........................................................................ $ 40.68 28.385+a+b FOOTNOTE: a. Vacation: 6%/under 5 years based on regular hourly rate for all hours worked. 8%/over 5 years based on regular hourly rate for all hours worked. b. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans' Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day. I RON0024-001 11 /01 /2013 Rates Fringes IRONWORKER, STRUCTURAL...................................................... $ 24.80 10.14 -------------------------------------------------------------------------------------------------------------------- PAI N0930-001 07/01 /2014 Rates Fringes GLAZIER.......................................................................................... $ 29.67 7.52 --------------------------------------------------------------------------------------------------------------------- PLAS0577-001 05/01 /2014 Rates Fringes CEMENT MASON/CONCRETE FINISHER ..................................... $ 24.00 10.23 --------------------------------------------------------------------------------------------------------------------- PLU M0003-001 07/01 /2014 Rates Fringes PLUMBER (Excluding HVAC work).............................................................. $ 31.93 12.34 -------------------------------------------------------------------------------------------------------------------- PLUM0208-001 07/01 /2013 Rates Fringes PIPEFITTER (Including HVAC pipe)................................................................ $ 33.35 12.27 ------------------------------------------------------------------------------------------------------------------- SH EE0009-001 07/01 /2014 Rates Fringes Sheet metal worker (Includes HVAC duct and installation of HVAC systems)...................................................................................... $ 32.47 13.98 ------------------------------------------------------------------------------------------------------------------- S UCO2001-015 12/20/2001 Rates Fringes LABORER Common..................................................................................... $ 9.56 2.36 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: MAX BRT Ticket Vending Machine Trim Replacement CONTRACTOR: DS Constructors LLC PROJECT NUMBER: 8140 DESCRIPTION: 1. Reason for change: 2. Description of Change: _ 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: DATE: DATE: DATE: APPROVED BY: DATE. - Purchasing Agent over $30,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing SECTION 00960 APPLICATION FOR PAYMENT PROJECT: 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: Hate: & FINAL TO In accordance with the Contract Documents, based on site observations and the data comprising the above application, the Architects Certifies to the Owner that the Work has progressed to the point indicated; that the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED, ENGINEER: Date: Applicatlon is made for Payment, as shown below, in connection with the Contract. Schedule of Values is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT AMOUNT APPROVED CHANGE ORDERS TO DATE ADJUSTED CONTRACT AMOUNT TOTAL WORK COMPLETED AND MATERIALS USED RETAINAGE (10% OF TOTAL) TOTAL EARNED LESS RETAINAGE LIQUIDATED DAMAGES WITHHELD TOTAL EARNED LESS LIQUIDATED DAMAGES LESS PREVIOUS PAYMENTS CURRENT PAYMENT DUE APPROVED BY: (Title) cc: Accounting City Clerk Contractor Engineer Project File DA WORD 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 itot a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in. the Contract Price or the Contract Times a Field Order should be used, & COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description or the items involved and attachments. Based on convcrsations between Engineer and Contractor, Engineer completes the following: METHOD 0I4 DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net affect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive ;nest 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 Enginecr has completed and signed the fortn., all copies should be sent to Owner for authorization because Engineer alone dots not have authority to authorize changes in Price or Tittles. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be chancel by Change Order sighed by Owner and Contractor with Engineer's recommendation. Paragraph 10.03.A.2 of the General. Conditions requires that a Change Order be initiated and processed to cover any undisputed sutn or amount of tune for Work actually performed parsuant 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 i:nclostion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WFIM A CHANGE THAT MAY AFFECT TIME CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDBUD PROMPTLY. WORK CHANCE DIRECTIVE No. DATE OF ISSUANCE EFFECTIVE DATE CONTRACTOR Contract: Project: OWNER's Contract No. ENG1NEEaR'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 ❑ Lump 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 amount is not to be exceeded without further authorization. RECOMMENDED: ENGINEER Substantial Completion: days; Ready for final payment: days. AUTHORIZED: O NEtt By: By: EJCDC No. 1910-8-F (1996 Edition) Pmpered by the Engineers Joint Couraa Documents Committee and endorsed by the Aumiated General Contractrus orAmeriea and &k Consstruatoo SQecificAtions t115tilute. Advancement of Contraction Technofogy Project: To; RTI Numbu: From: Date: A/E Project Number: REQUEST FOR INTERPRETATION[ Re: Contract For: Specification Section: Paragraph: Drawing Reference: Detail: Request: Signed by: Date: Response: ❑ Attachments Response From: To: Date Rec'd: Date Ret0d: Signed by: Date: Copies: ❑ owner ❑ Consultants ❑ [{ ❑ ❑ ❑ File Copyright J 994, Cousnuctien Specifications Institute, Page of July 1994 99 Canal Center Plata, Suite 300 Alexandria, VA 22314 CSl Form 13.2A SECTION 00300 BID FORM PROJECT: 8140 MAX BRT Ticket Vending Machine Trim Replacement Plane: Ft. Collins, Colorado Date: August: 5, 2015 In compliance with your Invitation to Bid slated July a 20 15 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 Sid 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 5'k o f h i d doses fflcF ($ Mom 5 ) 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 fOIIOWS: Trawler* Surety and Casualhr Company or America 6a60 S. Willow Dr- 2nd Floor, Greenwood Village, CO 80111 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. The undersigned Bidder hereby acknowledges receipt of Addenda No. 1 through 2 8. BID SCHEDULE (Base Bid) LUMP SUM BASE BID WORDS:IN % r i ..� ' .�i s .�". .r �. IVAdvancement of Contructon Technology CLARIFICATION NOTICE Project: Clarification Notice Number: Toy From: Date: A/F. Project Number: Re; 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.. Cl Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File CopyrigM 1994, Construction Specifications Institute, Page of July 1994 99 Canal Center PLaza, Suite 300 Alexandria, VA CS1 Form 13.3A 22314 Advancement of Construction 7ectnofogy FIELD ORDER Pmjur. Field Order Number: From: To: Date: A/E Project Number: Re: Contract For You are herebv directed to execute promptly this Field Order which interprets the Contract Documents or ordtxs minor changes in the Work without change in Contract Suin or Contract Time. If you considtx that a change in Contract Sum or Contract Time is required, subunit a Change Order Request to the A/E 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, Consnuction Specification Institute, Page of July 1994 99 Canal Centex Plaza, Suite 300 Alexandria, VA 22314 CSI Forru 13.4 A PROJECT MANUAL MAX BRT TICKET VENDING MACHINE TRIM REPLACEMENT FOR City of Fort Collins Engineering Department of ,.�rtr�� JUNE 2152015 dimlesco Project & Construction Services PROJECT MANUAL TABLE OF CONTENTS CITY OF FORT COLLINS TVM TRIM REPLACEMENT PROJECT PROJECT NO. XX-XXX Section No. Subject Page(s) 00001 Cover...................................................................................................................................1 00005 Table of Contents................................................................................................................ 2 BIDDINGINFORMATION...................................................................................................... 00020 to 00430 CONTRACTDOCUMENTS ...................................................................................................00500 to 00670 CONDITIONS OF THE CONTRACT..................................................................................... 00700 to 00960 SUPPLEMENTARY CONDITIONS FEDERAL TRANSIT ADMINISTRATION REQUIREMENTS DAVIS BACON WAGE RATES (certified payrolls required) DIVISION 1—GENERAL REQUIREMENTS 01 1100 Summary of Work..............................................................................................01 11 00-05 01 2500 Measurement and Payment...............................................................................01 25 00-03 01 2900 Schedule of Values............................................................................................01 29 00-02 01 31 19 Project Meetings................................................................................................01 31 19-04 01 3216 Construction Project Schedules.........................................................................01 32 13-03 01 3300 Submittal Procedures.........................................................................................01 33 00-07 01 45 00 Quality Control...................................................................................................01 45 00-02 01 5200 Temporary Construction Facilities.....................................................................01 52 00-03 01 5526 Traffic Control..................................................................................................... 01 55 26-03 01 7400 Cleaning....................................................................................................•........01 74 00-02 01 7700 Close Out Procedures........................................................................................01 77 00-04 01 7823 Project Record Documents................................................................................01 78 23-03 DIVISION 2—EXISTING CONDITIONS 0241 00 Demolition..........................................................................................................02 41 00-03 DIVISION 7—SHEET METAL FLASHING AND TRIM 07 62 00 Sheet Metal Flashing and Trim..........................................................................07 62 00-04 Appendix A Picture References of Trim Locations Appendix B Drawings and Details END OF CONTENTS IFC June 21, 2015 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 - GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 11 00 SUMMARY OF WORK SECTION 01 11 00 - SUMMARY OF WORK PART1 GENERAL 1.1 SECTION INCLUDES A. Work covered by contract documents B. Work by Owner C. Work by others D. Contractor use of site and premises E. Work sequence F. Owner occupancy G. Partial Owner Occupancy H. Protection of public and private property I. Maintenance of traffic J. Barricades and lights K. Lines and grades L. Regulatory requirements M. Cutting and patching N. Alteration Project Procedures O. Coordination 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of this Contract consists of removal, demolition, fabrication and installation of metal sheet paneling as trim for ticket vending machines along the MAX BRT transportation corridor. B. Furnish all materials, equipment, supplies, and appurtenances; provide all construction equipment and tools; and perform all necessary labor and supervision. C. Coordinate the progress of the Work including coordination between trades, subcontractors, suppliers, public utilities and Owner to ensure the progress of Work. D. It is the intent of this contract that Work proceed in the most expeditious manner possible. E. The Work included in the lump sum price comprises all work completed by the CONTRACTOR to construct the MAX BRT TVM Trim Replacement Project. The project includes tasks described herein and as outlined on the project plans. 1.3 WORK BY OWNER IFC June 21, 2015 01 11 00-1 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 11 00 SUMMARY OF WORK CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT A. Normal day to day operations of the MAX BRT system will be on -going; construction shall not isolate or impact existing activities. The CONTRACTOR will be expected to coordinate project construction activities around these day to day operations including advance notification of work to Transfort operations personnel. Normal operation of the MAX BRT system may cause the Contractor to stop or delay work at any time. The Contractor shall prepare his/her work plan and price the work accordingly. 1.4 WORK BY OTHERS A. The City of Fort Collins may have other Contractors on the project site performing various other work during the course of this project. The Owner has not fully defined the limits and durations of these other projects. However, it is expected that other contractors will be performing warranty work along the BRT corridor including concrete replacement, electrical and lighting maintenance and landscaping replacement. 1.5 CONTRACTOR USE OF SITE AND PREMISES A. Contractor shall limit his use of the premises for Work and storage, to allow for Owner occupancy. B. Coordinate use of premises under direction of Engineer and Project Manager. C. Assume full responsibility for the protection and safekeeping of products stored on site under this Contract. D. Move any stored products, under Contractor's control, which interfere with operations of the Owner. E. Obtain and pay for the use of additional storage or work areas needed for operations. F. Contractor may use those areas indicated on the drawings for staging and storage and such additional areas as Engineer or Project Manager may designate. 1.6 WORK SEQUENCE A. Construct Work in stages to allow for Owner's continuous occupancy and for uninterrupted service. Provide "Detailed Work Plan" for each Phase of the project and for every item of Work on the project as required in Section 01 32 16. Coordinate construction schedule and operations with the Engineer and Owner's Project Manager. Work shall be completed at times acceptable to the Owner. This includes evenings, weekends or non-BRT operational times. All Work shall be done as to not endanger customers or pedestrians throughout the project sites. The CONTRACTOR shall minimize all outages to TVMs or platform spaces and shall coordinate the outages and duration with the Owner a minimum of 7 days prior to commencing work. B. Sequences other than those specified will be considered by Engineer, provided they afford equivalent continuity of operations. C. Construction services performed in accordance with the Agreement and specifications include the following: 1. Base Bid a. The base bid includes demolition, removal, preparation, fabrication and installation of new TVM metal panel trim at locations shown in these specifications and as detailed in the drawings. 2. Alternates a. There are no alternates to the base bid. IFC June 21, 2015 01 11 00-2 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 —GENERAL REQUIREMENTS MAX BRTTVM TRIM REPLACEMENT 01 11 00 SUMMARY OF WORK 3. Work shall include all items incidental to completion of the project whether or not specifically called for including, but not limited to project coordination, traffic control, existing facility protection, staging, repair, cleaning and mobilization/demobilization. D. Contract times and completion dates. Construction services performed in accordance with the Agreement and Specifications are based on the following schedules: 1. Construction Period: a. Notice -to -Proceed is anticipated around July 30, 2015. The Contractor shall be substantially complete within 90 calendar days. Substantial completion is expected around October 30, 2015. The Contractor shall be finally complete within 10 calendar days of substantial completion. Final completion is expected near November 10, 2015. 2. The Contractor is directed to the Agreement, Section 00500 which outline Time of Completion requirements and Liquidated Damages. Substantial and final completion are further defined in Section 01 77 00. 1.7 OWNER OCCUPANCY A. Owner will occupy the premises during the entire period of construction for the conduct of his normal operations. Cooperate with Owner in all construction operations to minimize conflict, and to facilitate Owner usage. 1.8 EASEMENTS AND RIGHT-OF-WAY A. In general, Owner will provide full use of premises for construction of improvements. Exceptions shall be identified within the contract documents. Owner reserves the right to limit site access as required for changes in operations. B. Confine construction operations to the immediate vicinity of the location indicated on drawings and use due care in placing construction tools, equipment, materials and supplies, so as to cause the least possible damage to property and interference with traffic. 1.9 PROTECTION OF PROPERTY A. Protect, shore, brace, support, and maintain machines and facilities affected by construction operations. B. Restore to their original condition, pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences sod and other surface structures affected by construction operations. C. Use new materials for replacement. D. Contractor shall be responsible for all damage to streets, sidewalks, pavements, roads, shoulders, ditches, embankments, culverts, location or character, which may be caused by transporting equipment, materials, or personnel to or from the Work or any or site thereof, whether by him or his subcontractors. E. Make satisfactory and acceptable arrangements with the Owner of, or the agency or authority having jurisdiction over, any damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. F. Keep fire hydrants and water control valves free from obstruction and available for use at all times. 10 MAINTENANCE OF TRAFFIC IFC June 21, 2015 01 11 00-3 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 - GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 11 00 SUMMARY OF WORK A. Conduct Work to interfere as little as possible with BRT, public and school travel, whether vehicular or pedestrian. Prepare detailed traffic control plans for each part of the project as required in Section 01 32 16 — Construction Project Schedules. Traffic control plans shall be prepared by a Certified Traffic Control Supervisor and submitted to the Owner for approval. 1. Whenever it is necessary to cross, close, or obstruct roads, driveways and walks, provide and maintain suitable and safe bridges, detours, or other temporary devices for accommodation of public or private travel according to ADA standards as applicable. a. Provide Engineer and Owner a minimum of 48 working hours notice b. Owner is not responsible for Contractors downtime associated with failure to identify closures and compliance with these requirements. B. Detour 1. Provide, as required, bridges across trenches, barricades, guardrail approaches, lights, signals, signs, and other devices necessary for protection of the Work and public safety. 1.11 BARRICADES AND LIGHTS A. Protect streets, sidewalks, parking lots and other public thoroughfares which are closed to traffic by effective barricades with acceptable warning signs B. Locate barricades at the street intersecting public thoroughfare on each side of the blocked section. C. Provide suitable barriers, signs, and lights to the extent required to adequately protect the public. D. Provide similar warning signs and lights at obstructions such as material piles and equipment. E. Illuminate barricades and obstructions with warning lights from sunset to sunrise. F. Store materials and conduct work to cause the minimum obstruction to the Owner. G. Install and maintain barricades, signs, lights, and other protective devices in conformity with applicable statutory requirements, MUTCD and, as required by the City of Fort Collins Traffic Operations Department. 1.12 LINES AND GRADES A. Construct all Work to the lines, grades, and elevations indicated on the drawings. 1. Remove and reconstruct improperly located Work. B. Provide all additional survey, layout, and measurement work required. 1. Establish lines and levels, locate and lay out, by instrumentation and similar appropriate means. From time to time, verify layouts by the same methods. 1.13 REGULATORY REQUIREMENTS A. Comply with all federal, state, and local laws, regulations, codes, and ordinances applicable to the Work. B. References in the Contract Document to local codes shall mean the codes in effect at the City of Fort Collins and other Federal or State Agencies having jurisdiction over the project. C. Other standards and codes which apply to the Work are designated in the specifications. IFC June 21. 2015 01 11 00-4 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 11 00 SUMMARY OF WORK 1.14 COORDINATION A. Coordinate scheduling, submissions, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B. Coordinate completion and clean up of Work of separate Sections. PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION IFC June 21, 2015 01 11 00-5 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 —GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 25 00 MEASUREMENT AND PAYMENT SECTION 01 25 00 — MEASUREMENT AND PAYMENT PART1 GENERAL 1.1 SECTION INCLUDES A. Format and Data Required B. Preparation of Application for each Progress Payment C. Substantiating Data for Progress Payments D. Preparation of Application for Final Payment E. Submittal Procedure F. Basis of Payment 1.2 RELATED SECTIONS A. Section 00520 - Agreement B. Section 00960 — Application for Payment 1.3 FORMAT AND DATA REQUIRED A. Submit applications typed on Application for Payment and Certificate for Payment using form in Section 00960 with itemized data typed on 8 1/2" by 11" white paper continuation sheets. Copies of forms are available from Engineer or Owner. B. Utilize Owner provided cover sheet. C. Provide Itemized Data on Continuation Sheet: 1. Format, schedules, line items and values: The schedule of values established as part of the Agreement. 1.4 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Submit Applications for Payment to Engineer in accordance with the schedule of values established by Conditions of the Contract and Agreement between Owner and Contractor. B. Application Form: 1. Fill in required information, including that for Change Orders executed prior to the date of submittal application. 2. Fill in summary of dollar values to agree with the respective totals indicated on the continuation sheets. 3. Execute certification with the signature of authorized officer of the Contractor's firm. 4. Notarize signature where required on Certificate for Payment. IFC June 21, 2015 01 25 00-1 Ditesco 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: DS Constructors, LLC Printed President Title 3089 License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Ds Constructors, LLC Address 3790 N Garfield Ave., Suite 101 Loveland, co B0538 Telephone (970) 635-3S34 Email mdenneyaodsconstructors _ com TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 25 00 MEASUREMENT AND PAYMENT C. Continuation Sheets: 1. Fill in total list of all scheduled component items of Work, with time number and the scheduled dollar value for each item. 2. Fill in the dollar value in each column for each scheduled line item when work has been performed or products stored. 3. List each Change Order executed prior to the date of submission at the end of the continuation sheets: a. List by Change Order number, dollar amount and description as for an original component item of work. 4. Use data from approved Schedule of Values: Provide dollar value in each column for each line item for portion of work performed and for stored products. 1.5 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When Owner or Engineer requires substantiating data, Contractor shall submit suitable information, with a cover letter identifying: 1. Project 2. Application number and date 3. Detailed list of enclosures 4. For stored products/materials: a. Item number and identification as shown on application b. Description of specific material C. Vendor or supplier invoices substantiating stored costs as required by Owner. d. Insurance certificates covering materials stored and naming location. e. Bill of sale or transfer of title certification as applicable. B. Submit one copy of data and cover letter for each copy of application. C. Submit an updated construction schedule with each application for payment. D. Submit evidence of payment and release of liens within 60 days of payment to Contractor for Work performed by subcontractors or for equipment and materials delivered to the site during construction. 1.6 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Fill in Application form as specified for progress payments B. Use continuation sheets for presenting the final statement of accounting as specified in Section 01 77 00—Close out Procedures. IFC June 21, 2015 01 25 00-2 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 —GENERAL REQUIREMENTS MAX BRTTVM TRIM REPLACEMENT 01 25 00 MEASUREMENT AND PAYMENT 1.7 SUBMITTAL PROCEDURE A. Submit Applications for Payment to Engineer at the times stipulated in the Agreement. B. Number: Four copies of each Application or single electronic copy in PDF format. C. When Engineer finds the Application properly completed and correct, he will transmit four Certificates for Payment to Owner, with a copy to Contractor. Upon approval by Owner, Owner will transmit payment to Contractor with one copy of Certificate attached. 1.8 BASIS OF PAYMENT A. No quantity measurement for payment will be made. B. Payment will be made on a lump sum basis relative to percent complete of each item contained within the schedule of values for each phase of work. The schedule of values shall be correlated to line items in the Contractor's schedule and other required administrative schedules and forms including: 1. Contractors Construction Schedule 2. Application for Payment Form 3. List of subcontractors 4. Schedule of allowances 5. Schedule of alternates 6. List of products 7. List of principal suppliers and fabricators 8. Schedule of submittals C. Submit the Schedule of Values to the Engineer and Owner at the earliest feasible date, but in no case later than 10 business days before the date scheduled for submittal of the initial Application for Payment. D. The Contract sum prices shall include all costs whatsoever required to accomplish the work as designated in these contract documents and as shown on the plans. PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION IFC June 21, 2015 01 25 00-3 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 29 00 SCHEDULE OF VALUES PART1 GENERAL CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT SECTION 01 29 00 - SCHEDULE OF VALUES 1.1 SECTION INCLUDES A. Form and content B. Sub -schedule of unit material values. 1.2 REQUIREMENTS A. Submit to Engineer schedule of values allocated to various portions of Work, within 10 days after Notice of Award. B. Upon request of ENGINEER, support values with data which substantiate their correctness. C. Schedule of values, unless objected to by ENGINEER, shall be used only as basis for CONTRACTOR's Applications for Payment. D. Submit initial schedule of values in duplicate. After review by ENGINEER, revise and resubmit as required. Submit schedule of Values with each Application for Payment, reflecting any changes. E. Submit typed schedule on form provided in Section 00960; 8-12" x11". F. Format: 1. As formatted in Section 00960. 2. Include in each line item a directly proportional amount of the CONTRACTOR's overhead and profit. 1.3 FORM AND CONTENT A. Type schedule on 8-1/2"x11 white paper; CONTRACTOR's standard forms and automated printout will be considered for approval by ENGINEER upon CONTRACTOR's request. Identify schedule with: 1. Title of project and location. 2. Project number. 3. Name and Address of CONTRACTOR. 4. Agreement designation. 5. Date of submission. B. Schedule shall fist installed value of component parts of Work in sufficient detail to serve as basis for computing values for progress payments during construction. C. Follow table of contents of this Construction Project Manual as format for listing component items. Identify each line item with number and title of respective major section of Specifications. D. For each major line item list sub -values of major products or operations under item. E. For various portions of Work: 1. Each item shall include directly proportional amount of CONTRACTOR's overhead and profit. IFC June 21. 2015 01 29 00-1 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 29 00 SCHEDULE OF VALUES 2. For items on which progress payment will be requested for stored materials, break down value into: a. Cost of materials, delivered and unloaded at site, with taxes paid. b. Total installed value. F. Sum of all values listed in schedule shall equal total Contract Price. 1.4 SUBSCHEDULE OF UNIT MATERIAL VALUES A. Form of submittal shall parallel that of schedule of values, with each item identified same as line item in schedule of values. B. Unit quantity for bulk materials shall include allowance for normal waste. C. Unit values for materials shall be broken down into: 1. Cost of materials delivered and unloaded at Site, with taxes paid. 2. Installation costs, including CONTRACTOR's overhead and profit. D. Installed unit value multiplied by quantity listed shall equal cost of that item in schedule of values. PART PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION IFC June 21, 2015 01 29 00-2 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 31 19 PROJECT MEETINGS SECTION 01 31 19 - PROJECT MEETINGS PART1 GENERAL 1.1 SECTION INCLUDES A. General requirements B. Preconstruction conference C. Detailed Work Plan meetings D. Schedule finalization meeting E. Progress meetings 1.2 RELATED SECTIONS A. Section 01 11 00—Summary of Work B. Section 01 32 16—Construction Schedules C. Section 01 33 00—Submittal Procedures D. Section 01 77 00—Close Out Procedures 1.3 GENERAL REQUIREMENTS A. Engineer will schedule and administer pre -construction meeting, schedule punchlist walk through, regularly scheduled progress meetings, and specially called meetings throughout the progress of the Work 1. Prepare agenda for meetings including items requested by Owner and Contractor. 2. Distribute written notice of each meeting to Owner and Contractor 4 days in advance of regularly scheduled meeting dates. 3. Contractor shall be required to attend specially called meetings as work progresses based on field observations, obtaining additional information or for other currently unidentified conditions/concerns of Engineer or Owner. 4. Preside at meetings 5. Record the minutes; include all significant proceedings and decisions 6. Reproduce and distribute copies of minutes within 3 days after each meeting a. To all participants in the meetings b. To Owner C. Furnish copies of minutes to Contractor B. Owner may attend meetings. C. Representatives of contractors, subcontractors, and suppliers attending the meetings shall be qualified and authorized to act on behalf of the entity each represents 1.4 PRECONSTRUCTION CONFERENCE A. Engineer will schedule a conference within 10 days after Effective Date of Agreement. B. Location: City of Fort Collins Offices IFC June 21, 2015 01 31 19-1 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 -GENERAL REQUIREMENTS 01 31 19 PROJECT MEETINGS C. Attendance 1. Owner's Representative 2. Engineer and his professional consultants 3. Resident Project Representative 4. Contractor's Superintendent 5. Major Subcontractors 6. Major Suppliers 7. Others as appropriate CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT D. Agenda: 1. Execution of Owner - Contractor Agreement. 2. Submission of executed bonds and insurance certificates 3. Distribution of Contract Documents 4. Submission of list of subcontractors and suppliers, list of products, and progress schedule 5. Designation of personnel representing the parties in Contract and the Engineer 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, cost proposal requests, Change Orders and Contract closeout procedures. 7. Construction scheduling and updates. 8. Scheduling activities of other consultants. 9. Critical work sequencing. 10. Major material deliveries and priorities. 11. Procedures for maintaining Record Documents. 12. Use of premises a. Work and storage areas b. Owner's requirements 13. Construction facilities, controls and construction aids. 14. Temporary utilities provided by Owner. 15. All safety and first -aid procedures are responsibility of the Contractor. 16. Security and housekeeping procedures as required by the Owner. 17. Procedures for testing. 5 DETAILED WORK PLAN MEETINGS A. Contractor shall request review of detailed work plans at least 10 days prior to beginning any work on items defined within detailed work plan. B. Location: City of Fort Collins Offices C. Attendance 1. Owner's Representative 2. Engineer and his professional consultants 3. Resident Project Representative 4. Contractor's Superintendent 5. Major Subcontractors 6. Major Suppliers 7. Others as appropriate D. Agenda: 1. Delivery or proposed Detailed Work Plan by Contractor to Owner. 2. Use of premises a. Work and storage areas b. Owner's requirements 3. Construction facilities, controls and construction aids 4. Temporary utilities provided by Owner 5. All safety and first -aid procedures are responsibility of the Contractor IFC June 21, 2015 01 31 19-2 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 31 19 PROJECT MEETINGS CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT 6. Security and housekeeping procedures as required by the Owner 7. Procedures for testing 1.6 SCHEDULE PUNCH LIST WALK THROUGH A. Engineer will schedule at least 10 days before submission of the last Application for Payment B. Location: Field C. Attendance 1. Owner's representative 2. Engineer 3. Contractor 4. Others, as appropriate D. Suggested Agenda 1. Review of items remaining to be repaired or replaced prior to final acceptance and payment. 1.7 PROGRESS MEETINGS A. Engineer will schedule and administer meetings throughout progress of the Work at weekly intervals or other agreed upon timeframes. B. Location of the Meetings: City of Fort Collins Offices C. Engineer will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within three days to Contractor, Owner, participants, and those affected by decisions made. D. Attendance 1. Owner's Representative 2. Engineer, and his professional consultants as needed 3. Resident Project Representative 4. Contractor's Superintendent 5. Subcontractors as appropriate to the agenda 6. Suppliers as appropriate to the agenda 7. Others, as appropriate E. Agenda: 1. Review minutes of previous meetings 2. Review unresolved issues from last meeting 3. Review of Work progress; three week look -ahead schedule prepared by Contractor 4. Field observations, problems, conflicts and decisions 5. Identification of problems which impede planned progress 6. Review of submittals schedule and status of submittals 7. Review of off -site fabrication and delivery schedules 8. Maintenance of progress schedule 9. Corrective measures to regain projected schedules 10. Planned progress during succeeding work period 11. Coordination of projected progress 12. Maintenance of quality and work standards 13. Effect of proposed changes on progress schedule and coordination 14. Other business relating to Work IFC June 21, 2015 01 31 19-3 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 31 19 PROJECT MEETINGS PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT IFC June 21, 2015 01 31 19-4 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 —GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 32 16 CONSTRUCTION PROJECT SCHEDULES SECTION 01 32 16 - CONSTRUCTION PROJECT SCHEDULES PART1 GENERAL 1.1 SECTION INCLUDES A. Requirements B. Format C. Content D. Progress Revisions E. Submittals F. Distribution 1.2 RELATED SECTION A. Section 01 11 00—Summary of Work B. Section 01 25 00—Measurement and Payment C. Section 01 31 19—Project Meetings D. Section 01 33 00—Submittal Procedures E. Section 01 77 00—Close Out Procedures 1.3 REQUIREMENTS A. Within 10 days after Effective Date of Agreement, Contractor shall prepare and submit to Engineer estimated construction progress schedules for the Work, with sub schedules of related activities which are essential to its progress. B. Submit to Owner not less than 10 days prior to beginning Work, a "Detailed Work Plan" for each phase of the project. Detailed Work Plans shall include a Traffic Control Plan, Work Phasing plan, Barricade Plan and miscellaneous other improvements affecting the City's interests. Schedule review meeting with Owner and Engineer. C. Submit revised progress schedules with each pay application. D. Owner may require Contractor to add to his equipment, or construction forces, as well as increase the working hours, if operations fall behind schedule at any time during construction period. 1.4 FORMAT A. General schedule format: Conform to ©Primavera P6, critical path method (CPM) scheduling format or approved equal: 1. Base schedule on work days and regular working hours, Monday through Friday 7:00 A.M. to 6:00 P.M. 2. Minimum sheet size: 8 1/2" by 11" 3. Color format IFC June 21. 2015 01 32 16-1 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 -GENERAL REQUIREMENTS MAX BRTTVM TRIM REPLACEMENT 01 32 16 CONSTRUCTION PROJECT SCHEDULES B. Row (Listings) -Show: 1. Project Title 2. Major areas of construction 3. Construction activities within major areas of construction 4. Provide a separate bar for each construction activity. Bars to be annotated with activity description 5. Critical path activities to be clearly identified by color and lines 6. List in chronological order by start date each major area of construction and then by each construction activity within its respective area of construction 7. Show project start date, finish date, data date, run date, and revision table 8. Contract milestone dates 9. Legend C. Column (Headings) -Show: 1. Activity ID: Define by number corresponding to major specification sections 2. Activity Description 3. Percent Complete 4. Original Duration 5. Remaining Duration 6. Total Float 7. Early Start 8. Early Finish 9. Time Scale: Identify first day of each week. Allow space for notations. 10. Data date line 1.5 CONTENT A. Construction progress schedule -Show: 1. Complete sequence of construction by activity for full length of Contract time. 2. Major areas of construction to include, at a minimum, each separate stage of Work B. Submittals schedule for shop drawings and product data -Show: 1. The dates for Contractor's submittals 2. The dates accepted submittals will be required from Engineer. Extensions of time for delays in submittal approval shall only be allowed as provided in Section 01 33 00. C. Products delivery schedule -Show delivery dates for: 1. All major material deliveries 1.6 PROGRESS REVISIONS A. Progress schedules are to be representative of actual construction progress and sequencing of activities. Schedules that do not accurately represent construction progress will be rejected. B. Indicate progress of each activity as of data date. C. Show changes occurring since previous submission of schedule: 1. Major changes in scope 2. Activities modified since previous submission 3. Revised projections of progress and completion 4. Other identifiable changes D. Provide narrative report as needed to define: 1. Problem areas, anticipated delays, and impact on schedule 2. Corrective action recommended, and its effect IFC June 21, 2015 01 32 16-2 Ditesco SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 32 16 CONSTRUCTION PROJECT SCHEDULES CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT 3. Effect on changes on schedules of other prime contractors 1.7 SUBMITTALS A. Submit initial schedules within 10 days after award of Contract: 1. Engineer will review schedules and return review copy within 10 days after receipt 2. If required, resubmit within 7 days after return of review copy B. Submit revised progress schedules with each Application for Payment. C. At each submission submit the number of opaque reproductions which the Contractor requires, plus 3 copies which will be distributed by Engineer. Do not submit fewer than 5 copies 1.8 DISTRIBUTION A. Engineer will distribute copies of accepted schedules to: 1. One copy to Owner 2. One copy to Resident Project Representative 3. One copy to be retained in Engineer's file 4. One copy to Contractor to be kept on file at job site 5. Remainder to Contractor for his distribution B. Schedule recipients will report promptly to Engineer and Contractor, in writing, any problems anticipated by projections shown in schedules PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION IFC June 21, 2015 01 32 16-3 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 33 00 SUBMITTAL PROCEDURES PART1 GENERAL CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT SECTION 01 33 00 - SUBMITTAL PROCEDURES 1.1 SECTION INCLUDES A. Submission of all shop drawings and product data as required by the Contract Documents for all equipment and materials to be furnished under this contract unless specifically indicated otherwise 1.2 RELATED SECTIONS A. Section 01 32 16—Construction Project Schedules B. Section 01 45 00—Quality Control C. Section 01 77 00—Close Out Procedures D. Sections for Divisions 1 through 48—Required Submittals 1.3 SUBMITTALS A. Shop Drawings —Drawings shall be presented in a clear and thorough manner: 1. Identify details by reference to sheet and detail, schedule or room numbers shown on Contract Drawings 2. Identify equipment by reference to equipment name and tag number shown on Contract Drawings 3. Scale and Measurements: Make drawings accurate to a scale with sufficient detail to show the kind, size, arrangement and function of component materials and devices 4. Minimum sheet size: 81/2" by 11" 5. Fabrication drawing size: 11" by 17" or 22" by 34" B. Product Data —Preparation: 1. Clearly mark each copy to identify pertinent products or models submitted for review 2. Identify equipment by reference to equipment name and tag number 3. Catalog cut sheets: Cross -out or delete irrelevant data 4. Show performance characteristics and capacities 5. Show dimensions and clearances required for installation and maintenance 6. Show wiring or piping diagrams and controls 7. Show external connections, anchorages, and supports required C. "Certificate of Compliance": 1. Provided by manufacturer or supplier in lieu of submittal data required 2. Certifies that product data or item identified in certificate is in total compliance with Contract Document requirements 3. Specifically identifies project name and that there is no deviation from Contract Documents 4. Identify equipment by reference to equipment name and tag number 5. Identify limits of equipment, materials or work provided 6. Provide for specific product data or item only as indicated herein D. Construction Schedule: Designate in the construction schedule, or in a separate coordinated shop drawing schedule, the dates for submission and the dates that reviewed Shop Drawings and Product Data will be needed. 1.4 CONTRACTOR RESPONSIBILITIES IFC June 21, 2015 01 33 00-1 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 33 00 SUBMITTAL PROCEDURES CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT A. Review shop drawings and product data prior to submission for accuracy and completeness of each submission. B. Approve and stamp each submission before submitting. C. Determine and verify: 1. Field measurements 2. Field construction criteria 3. Catalog numbers and similar data 4. Conformance with specifications D. Prior to each submission, carefully review and coordinate all aspects of each item being submitted E. Verify that each item and the submittal for it conform in all respects with specified requirements of the Work and of the Contract Documents with respect to means, methods, techniques, sequences, and operations of construction, and safety precautions and programs incidental thereto. F. Make submissions promptly in accordance with Construction Schedule, and in such sequence as to cause no delay in the Work or in the work of any other Contractor. G. Notify Engineer in writing, at time of submission, of any deviations in the submittals from Contract Document requirements: 1. Identify and tabulate all deviations in transmittal letter 2. Indicate essential details of all changes proposed, including modifications to other facilities that may be a result of the deviation 1.5 SUBMISSION REQUIREMENTS A. Make submissions far enough in advance of scheduled dates for installation to provide time required for reviews, for securing necessary approvals, for possible revisions and resubmissions, and for placing orders and securing delivery B. In scheduling, allow a minimum of 14 calendar days for review by Engineer following receipt of submission in Engineer's office: 1. Time required to mail submissions or resubmissions is not considered a of review period C. Consecutively number all submissions: 1. Assign a unique number to include all shop drawings, product data and other information required for individual specification sections: a. For example: 076200-01 = first submittal for Sheet Metal Flashing and Trim b. For example: 076200-01 rev1 = first revision of same submittal 2. Each specification section may still have more than one submittal number for later submissions (i.e., Preliminary O&M Manuals, Final O&M Manuals, etc.) D. Number of Submittals Required: 1. Shop Drawings and Product Data: If paper, submit a maximum of 2 copies for Contractor's use, plus a maximum of 3 copies which will be distributed by Engineer when approved. Do not submit more than 5 copies. If electronic, email or provide to document management website. E. Accompany each submission with a letter of transmittal showing all information required for identification and checking. Submittals shall contain: 1. Submittal number 2. Date of submission and dates of any previous submissions 3. Project title and number IFC June 21, 2015 01 33 00-2 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 33 00 SUBMITTAL PROCEDURES CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT 4. Owner Contract identification number if applicable 5. The names of a. Contractor b. Supplier C. Manufacturer 6. Identification of the product, with the specification section number 7. Field dimensions, clearly identified as such 8. Relation to adjacent or critical features of the Work or materials 9. Applicable standards, such as ASTM or Federal Specification numbers 10. Identification of deviations from Contract Documents 11. Identification of revisions on resubmissions 12. An 8" by 4" blank space for Contractor's and Engineer's stamps 13. Stamp cover sheet of each submittal as identified in letter of transmittal 14. Contractor's stamp: Initialed or signed, certifying review and approval of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and of Contract Documents. Use stamp to include wording similar to the following: This submittal has been reviewed by [name of contractor] and approved with respect to the means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incidental thereto. [Name of contractor] also warrants that this submittal complies with contract documents and comprises no deviations thereto: Section No: Submittal No: Date: by: Submittal Log: 1. Maintain an accurate submittal log for duration of the Work showing current status of all submissions unless maintained by Owner or Engineer. 2. Show submittal number, section number, section title, submittal description dates and disposition of submittal 3. Make submittal log available to Engineer for Engineer's review upon request G. Unless specified otherwise, make submissions in groups to facilitate efficient review and approval: 1. Include all associated items from individual specification sections to assure that all information is available for checking each item when it is received 2. Submit a complete initial submittal including all components when an item consists of components from several sources 3. Partial submittals may be rejected as not complying with provisions of the Contract 4. Engineer will not be held liable for delays due to poorly organized or incomplete submissions 5. Do not include items from more than one specification section for any one submittal number H. Contractor may require subcontractors to provide drawings, setting diagrams and similar information to help coordinate the Work, but such data shall remain between Contractor and his subcontractors and will not be reviewed by Engineer unless specifically called for within the Contract Documents. 1.6 DISPOSITION OF SHOP DRAWINGS AND PRODUCT DATA IFC June 21, 2015 01 33 00-3 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 - GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 33 00 SUBMITTAL PROCEDURES A. "Approved As Submitted": Approved with No Exceptions Noted 1. One copy sent to Owner 2. One copy sent to Resident Project Representative 3. One copy retained in Engineer's file 4. Remaining copies returned to Contractor for his use a. One copy to be kept on file at Contractor's office at job site b. Remaining copies for Contractor's office file, suppliers, or subcontractors 5. No corrections or comments noted on submittal or in transmittal letter 6. Issues or miscellaneous comments pertaining to other related items of the Work may be included in transmittal letter 7. Resubmission not required B. "Exceptions Noted": Approved with Corrections Noted 1. One copy sent to Owner 2. One copy sent to Resident Project Representative 3. One copy retained in Engineer's file 4. Remaining copies returned to Contractor for his use a. One copy to be kept on file at Contractor's office at job site b. Remaining copies for Contractor's office file, suppliers or subcontractors C. Copies of submittal data in operation and maintenance manuals to be revised according to corrections 5. Comply with corrections or comments as noted on submittal and in transmittal letter 6. Resubmission not required C. "Revise And Resubmit": Incorrect or Specific Information Still Required 1. One copy sent to Resident Project Representative 2. One copy retained in Engineer's file 3. All remaining copies returned to Contractor for revision and re -submittal 4. Copy of transmittal letter sent to Owner. An "Approved As Submitted" or "Exceptions Noted" submittal will be forwarded to Owner upon resubmission and review per above disposition requirements. 5. Submittal is either: incorrectly annotated; specific comments need to be addressed and incorporated in re -submittal; and/or additional information may be required as noted in transmittal letter. 6. Submitted information may not include or address specific item required per the specification as identified in transmittal letter. 7. Specific information related to identified item may be required for final approval of submittal. 8. Resubmission of entire submittal may be required or resubmission of specific item may be required as identified in transmittal letter. D. "Rejected": Returned for Correction 1. One copy sent to Resident Project Representative 2. One copy retained in Engineer's file 3. All remaining copies returned to Contractor 4. Copy of transmittal letter sent to Owner 5. Contractor required to resubmit complete submittal package in accordance with Contract Documents 6. Submittal does not comply with provisions of Contract Documents as noted in transmittal letter 7. Resubmission required E. "Receipt Acknowledged": For Reference Purposes Only or for Record Copy 1. One copy sent to Resident Project Representative 2. One copy retained in Engineer's file 3. One copy returned to Contractor IFC June 21, 2015 01 33 00-4 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 33 00 SUBMITTAL PROCEDURES 4. Copy of transmittal letter sent to Owner 5. Remaining submittal copies destroyed 6. Detailed review and comment by Engineer not required 7. Resubmission not required 1.7 DISPOSITION OF SAMPLES A. "Approved As Submitted": Approved with No Exceptions Noted 1. One sample sent to Owner 2. One sample sent to Resident Project Representative 3. One sample retained in Engineer's file 4. Acknowledgment: Copy of transmittal letter sent to Contractor 5. Resubmission not required B. "Exceptions Noted": Approved with Corrections Noted 1. One sample sent to Owner 2. One sample sent to Resident Project Representative 3. One sample retained in Engineer's file 4. Acknowledgment: Copy of transmittal letter sent to Contractor 5. Work performed or products furnished to comply with exceptions noted in acknowledgment 6. Resubmission not required C. "Rejected": Returned for Correction 1. One sample retained in Engineer's file 2. Remaining samples sent to Contractor for re -submittal and compliance with the Contract Documents as noted in transmittal letter 3. Copy of transmittal letter sent to Owner 4. Resubmission required 1.8 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in submittals required by Engineer and resubmit until approved B. Transmit each resubmission under new letter of transmittal. Use number of original submittal followed directly by "rev" and a number corresponding to the number of times a submittal is resubmitted (i.e., rev1, rev2, rev3, etc.) C. Shop Drawings and Product Data: 1. Revise initial drawings or data and resubmit as specified for the initial submittal 2. Indicate any changes which have been made other than those requested by Engineer D. Reimbursement of Resubmission Review Costs: 1. Review of first submittal and one re -submittal will be performed by Engineer at no cost to the Contractor 2. Costs for review of subsequent resubmissions will be directly paid by Contractor 3. Engineer will document work -hours required for review and costs for Engineer review will be deducted from payments due Contractor as Change Order deductions. 4. Charges for review of resubmissions will include Engineer at a rate of $110 per hour and Submittal Clerk at a rate of $55 per hour 1.9 ENGINEER'S DUTIES IFC June 21, 2015 01 33 00-5 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 —GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 33 00 SUBMITTAL PROCEDURES A. Review submittals with reasonable promptness and in accord with approved submission schedule provided that each submittal has been called for by the Contract Documents and is stamped by Contractor as indicated above: 1. In the event that Engineer will require more than 7 calendar days to perform a submittal review as requested by Contractor, Engineer shall so notify Contractor or indicate so on the submission schedule. 2. No extensions of time are allowed due to Engineer's delay in reviewing submittals unless all the following criteria are met: a. Engineer has failed to return submittal within 7 calendar days of receipt of the submittal or receipt of said notice, whichever is later b. Contractor demonstrates that delay in progress of the Work was directly attributable to Engineer's failure to return submittal within 7 calendar days. 3. No extensions of time are allowed due to delays in progress of the Work caused by rejection and subsequent resubmission of data, including multiple resubmissions. B. Review drawings and data submitted only for general conformity with Contract Documents: 1. Engineer's review of drawings and data returned marked "Approved As Submitted" or "Exceptions Noted" does not indicate a thorough review of all dimensions, quantities, and details of material, equipment device or items shown 2. Engineer's review does not relieve Contractor of responsibility for errors, omissions or deviations nor responsibility for compliance with the Contract Documents 3. Engineer's review shall not extend to means, methods, techniques, sequences, operations of construction, and safety precautions and programs incidental thereto. No information regarding these items will be reviewed whether or not included in submittals. C. Assume that no shop drawing or related submittal comprises a deviation to the Contract Documents unless Contractor advises Engineer otherwise in writing which is acknowledged by Engineer in writing: 1. Consider and review only those deviations from the Contract Documents clearly identified as such in submittal and tabulated in the Letter of Transmittal. D. Return submittals to Contractor for distribution or for resubmission E. Transmit, unreviewed, to Contractor all copies of submittals received directly from suppliers, manufacturers and subcontractors F. Transmit, unreviewed, to Contractor all copies of submittals not called for by the Contract Documents or which have not been approved by Contractor G. Engineer will not review uncalled-for shop drawings or product data except by special arrangement H. Affix stamp and indicate approval for submittal or resubmission requirements with the following sta m p: IFC June 21, 2015 01 33 00-6 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 33 00 SUBMITTAL PROCEDURES ❑ Approved As Submitted ❑ Exceptions Noted ❑ Revise And Resubmit ❑ Rejected CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT This review was performed only for general conformance with the design concept of the project and general compliance with the information given in the contract documents. Modifications or comments made on the shop drawings and product data during this review do not relieve contractor from responsibility for compliance with the requirements of the plans and specifications. Approval of a specific item does not include approval of the assembly of which the item is a component. Contractor is responsible for: dimensions to be confirmed and correlated at the jobsite; information that pertains solely to the fabrication processes or to the means, methods, techniques, sequences, and procedures of construction, coordination of the work of all trades; and for performing all work in a safe and satisfactory manner. Ditesco, LLC Date By 1.10 SUBMITTAL SCHEDULE A. Unless indicated otherwise, provide all submittals required by individual sections of the Contract Documents to establish compliance with the specified requirements PART PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION IFC June 21, 2015 01 33 00-7 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 45 00 QUALITY CONTROL PART1 GENERAL 1.1 SECTION INCLUDES CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT SECTION 01 45 00 - QUALITY CONTROL A. Quality assurance and control of installation B. Contractor's Responsibilities 1.2 RELATED SECTIONS A. Section 01 11 00—Summary of Work B. Section 01 33 00—Submittal Procedures C. Section 07 62 00 — Sheet Metal Flashing and Trim 1.3 REFERENCES A. Conform to reference standard by date of issue current on date of Contract Documents B. Obtain copies of standards when required by Contract Documents C. Where specified reference standards conflict with Contract Documents, request clarification for Engineer before proceeding D. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.4 SUBMITTALS A. Submit under provisions of Section 01 33 00. B. Provide copies of written reports for materials as scheduled at the end of this section. Reference each report by respective section number C. Laboratory test reports —Provide written reports of each test and inspection to Engineer. Each report shall include: 1. Date issued 2. Project title and number 3. Testing laboratory name, address and telephone number 4. Name and signature of laboratory inspector 5. Date and time of sampling or inspection 6. Record of temperature and weather conditions 7. Date of test 8. Identification of product and specification section 9. Location of sample or test in the Project 10. Type of inspection or test 11. Results of tests and compliance with Contract Documents 12. Interpretation of test results when requested by Engineer D. Field test reports: Provide reports detailing results of the tests. Indicate compliance or non- compliance with Contract Documents. Identify corrective action for materials which fail to pass field tests IFC June 21, 2015 01 45 00-1 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 45 00 QUALITY CONTROL 1.5 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship to produce Work of specified quality. B. Comply fully with manufacturer's instructions, including each step in sequence C. Should manufacturer's instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Install TVM trim to lines shown on the drawings and details. Ensure a minimum tolerance gap to any TVM or surface of 1/8". Contractor to ensure shop fabrication to this level of accurateness. F. Certification of products: Respective sections of specifications G. Laboratory tests required and standards for testing: Respective sections of specifications 1.6 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with manufacturer and Owner personnel when shop or field testing is required. B. Provide the appropriate number of field samples when required. PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION IFC June 21, 2015 01 45 00-2 Ditesco City of Fort Collins � �Pur�chasing ADDENDUM NO. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2"d Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing Description of BID 8140: MAX BRT Ticket Vending Machine Trim Replacement OPENING DATE: 3:00 PM (Our Clock) August 5, 2015 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: 1. Additional Information a. This is a federally funded project. The City of Fort Collins requires vendors to complete and submit certification for Buy America and Lobbying with their bid, per federal terms and conditions. Please contact Elliot Dale, Buyer, at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY ENCLOSED WITH THE BID/QUOTE STATING THAT THIS RECEIVED. A WRITTEN STATEMENT ADDENDUM HAS BEEN Addendum 2 - Page 1 of 1 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned DS Constructors, LLC Travelers Surety and Casualty Company of America as Principal, and , a:• Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ 5% of bid amount 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, 8140 MAX BRT Ticket Vending Machine Trim 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 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. TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 52 00 TEMPORARY CONSTRUCTION FACILITIES CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT SECTION 01 52 00 - TEMPORARY CONSTRUCTION FACILITIES PART1 GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: Electricity, lighting, heating, ventilating, telephone service, water and sanitary facilities B. Construction Facilities: Access roads, parking, progress cleaning, project signage, storage and temporary buildings 1.2 GENERAL REQUIREMENTS A. Furnish, install and maintain all temporary utilities to assure continuous service except as allowed herein, and remove on completion of Work. Modify and extend systems as work progress requires. B. Furnish, install and maintain all construction aids required for the Work, except as allowed herein, and remove on completion of the Work. C. Furnish, install and maintain fences and barriers as required for protection of the public, property and the Work. D. Contractor shall limit his use of existing roadways, guideway and parking lots to only that which are required for completion of Work within this Contract. E. Clean and repair damage caused by temporary installations or use of temporary facilities. 1.3 QUALITY ASSURANCE A. Requirements of Regulatory Agencies 1. Comply with applicable Federal and State rules and regulations, local codes and ordinances. 2. Comply with utility company requirements. 3. Contractor shall notify Tranfort Operations Personnel — Steve Wilkin (970-219-3268) to obtain inspections of Work and to request service outages. 1.4 TEMPORARY ELECTRICITY A. Contractor shall arrange for and pay all costs associated with power service as required for completion of Work and pay all costs for energy used. 1.5 TEMPORARY LIGHTING A. Provide and maintain incandescent lighting for construction operations. B. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. C. Maintain lighting and provide routine repairs. 1.6 TEMPORARY HEATING IFC June 21, 2015 01 52 00-1 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 52 00 TEMPORARY CONSTRUCTION FACILITIES CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT A. Provide and pay for all temporary heat as required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum conditions of the installation of materials and to protect materials and finishes from damage due to temperature or humidity. B. Portable heaters shall be standard approved units complete with controls. C. Pay all costs of installation, maintenance, operation and removal and for fuel consumed. D. Maintain minimum ambient temperature of 50OF in areas where construction is in progress, unless indicated otherwise in specifications. E. Provide temporary heating for all subcontractors as required. 1.7 TEMPORARY VENTILATING A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases B. Provide and pay for temporary ventilation equipment as required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum conditions for the installation of materials and to protect materials and finishes from damage due to temp or humidity. C. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors or gases. D. Portable ventilators shall be standard approved units complete with controls. E. Pay all costs of installation, maintenance, operation and removal and for power consumed. 1.8 TELEPHONE SERVICE A. Provide, maintain and pay for all telephone service as required for completion of Work. 1.9 TEMPORARY WATER SERVICE A. Contractor shall be required to coordinate with City of Fort Collins for all water needs. Potable water sources at fire hydrants may be available for use with acceptable back -flow prevention devices. B. Provide all drinking water required by construction personnel. Pay all costs. 1.10 TEMPORARY SANITARY FACILITIES A. Contractor shall provide his own sanitary facilities. 1.11 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection as required to protect Owners facilities as required or where specified in individual specification Sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage. C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. IFC June 21, 2015 01 52 00-2 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 52 00 TEMPORARY CONSTRUCTION FACILITIES D. Protect finished driving surfaces, floors, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. E. Prohibit traffic from landscaped or sodded areas. 1.12 SECURITY A. Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. 1.13 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from remote spaces prior to enclosing the space. C. Remove waste materials, debris, and rubbish from site not less than weekly and dispose off -site in accordance with local and state regulations PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION IFC June 21, 2015 01 52 00-3 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 55 26 TRAFFIC CONTROL CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT SECTION 01 55 26 - TRAFFIC CONTROL PART1 GENERAL 1.1 SECTION INCLUDES A. General Requirements B. Regulatory Requirements C. Construction Parking Control D. Flagmen E. Flares and Lights F. Haul Routes G. Roadway Usage Between Operations H. Traffic Signs and Signals I. Barricades J. Barriers K. Removal 1.2 RELATED SECTIONS A. Section 01 11 00—Summary of Work B. Section 01 52 00—Temporary Construction Facilities 1.3 GENERAL REQUIREMENTS A. Unless otherwise authorized, keep at least one lane of traffic open at all times. B. When work is not in progress, keep all traffic lanes open. C. All traffic lanes shall be open during hours of darkness, weekends, and holidays 1.4 REGULATORY REQUIREMENTS A. Conformance: "Manual on Uniform Traffic Control Devices," U.S. Department of Transportation, or applicable statutory requirements of authority having jurisdiction. B. Operations on or about traffic areas and provisions for regulating traffic will be subject to the regulations of the City of Fort Collins Traffic Operations Department. The Contractor shall submit a Method of Handling Traffic (MHT) prepared by a certified Traffic Control Supervisor (TCS) to the City for approval prior to proceeding with any phases of the work. 1.5 CONSTRUCTION WORKERS PARKING IFC June 21, 2015 01 55 26-1 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 55 26 TRAFFIC CONTROL A. Contractor's worker vehicles are limited to one in staging zones. These vehicles shall be marked as belonging to the Contractor. All of contractor's workers shall park off -site. 1.6 CONSTRUCTION PARKING CONTROL A. Contractor is responsible to control vehicular parking to prevent interference with public traffic and parking, access by emergency vehicles, and Owner's operations. Contractor shall be responsible for any and all parking tickets received due to his operations unless they are issued inside the Contractor's work zone or designated staging area. 1.7 FLAGMEN A. Provide trained and equipped flagmen to regulate traffic when construction operations or traffic encroach on parking or traffic lanes. 1.8 FLARES AND LIGHTS A. Use flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 1.9 HAUL ROUTES A. Coordinate with the City to establish public thoroughfares to be used for haul routes and site access. B. Confine construction traffic to designated haul routes. C. Provide traffic control at critical areas of haul routes to regulate traffic, to minimize interference with public traffic. 1.10 ROADWAY USAGE BETWEEN OPERATIONS A. At all times when work is not actually in progress, make open, passable, and maintain to traffic such portions of the Project and temporary roadways or portions thereof as may be agreed upon between Contractor and the City. Coordinate work around MAX BRT operations schedule to the greatest extent possible. 1.11 TRAFFIC SIGNS AND SIGNALS A. At approaches to site and on site, install at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B. Install and operate traffic control signals to direct and maintain orderly flow of traffic in areas under Contractor's control, and areas affected by Contractor's operations. C. Relocate as Work progresses, to maintain effective traffic control. D. Protect all roadways by effective barricades on which are placed warning signs. 1.12 BARRICADES A. Contractor shall completely enclose operations with barricades at all times when site is encumbered by open trenches, other excavations or other obstructions. B. Provide additional fencing as required to protect stored materials and products and to insure public safety. IFC June 21. 2015 01 55 26-2 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 55 26 TRAFFIC CONTROL CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT C. Provide Owner and Engineer two (2) keys to lock(s). D. Contractor shall be responsible for depicting location of barricades as defined in Section 01 52 00 — Temporary Construction Facilities. This shall be further required under Section 01 33 00 when submitting "Detailed Work Plans". E. Illuminate by means of warning lights all barricades and obstructions form sunset to sunrise 1.13 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide suitable barriers as required for public protection. C. Protect non -owned vehicular traffic, stored materials, site and structures from damage D. Install facilities of a neat and reasonable uniform appearance, structurally adequate for the required purposes. E. Contractor shall be responsible for depicting location of barricades as defined in Section 01 52 00 —Temporary Construction Facilities. F. Illuminate by means of warning lights all barricades and obstructions form sunset to sunrise. G. Relocate barriers as required by progress of construction. H. Completely remove barriers, including foundations, when construction has progressed to the point that they are no longer needed. I. Clean and repair damage caused by installation, fill and grade the areas of the site to required elevations and slopes and clean the area. 1.14 REMOVAL A. Remove equipment and devices when no longer required B. Repair damage caused by installation C. Remove post settings to a depth of 2 feet PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION IFC June 21, 2015 01 55 26-3 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 74 00 CLEANING SECTION 01 74 00 - CLEANING PART1 GENERAL 1.1 SECTION INCLUDES A. General work area conditions during construction B. Exterior (site) cleaning 1.2 RELATED SECTIONS A. Division 1—General Requirements B. Cleaning of certain parts of the work described in various sections of the specifications 1.3 SCHEDULING A. Schedule cleaning operations as to not interfere with ongoing day-to-day operations of BRT operations. PART2 PRODUCTS NOT USED PART 3 EXECUTION 3.1 GENERAL WORK AREAS DURING CONSTRUCTION A. Maintain premises free from accumulations of waste and debris caused by work on this project. B. Prevent dust nuisance attributable to this work. C. Dispose of degradable and non -degradable debris at an approved solid waste disposal site or in an alternate manner approved by Engineer and regulatory agencies. D. Repair, patch, and touch-up marred surfaces to specified finish to match adjacent surfaces. E. On completion of work, leave area in a clean, natural looking condition. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 3.2 EXTERIOR (SITE) CLEANING A. Cleaning During Construction: 1. Construction debris: a. Confine in strategically located container(s) covered to prevent blowing by wind b. Remove from work area to container daily C. Haul from site once a week (minimum) 2. Remove soils, sand, and gravel deposited on paved areas and walks daily or more often as required to prevent muddy or dusty conditions. a. Do not flush into storm sewer system 3. Comply with stormwater general permit requirements, and monitor and employ best management practices (BMPs). I FC June 21, 2015 01 74 00-1 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 74 00 CLEANING CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT B. Final Cleaning: 1. Remove trash and debris containers from site: a. Re -sod areas disturbed by location of trash and debris containers 2. Broom clean paved surfaces 3. Rake clean other surfaces of grounds 4. Demobilize all temporary sanitary facilities 3.3 FIELD QUALITY CONTROL A. During substantial completion walk through or prior to start-up, conduct an inspection with Engineer to verify acceptable condition of all work areas. END OF SECTION IFC June 21, 2015 01 74 00-2 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 77 00 CLOSE OUT PROCEDURES SECTION 01 77 00 — CLOSE OUT PROCEDURES PART1 GENERAL 1.1 SECTION INCLUDES A. Closeout procedures B. Final cleaning C. Contractor's closeout submittals D. Project record documents E. Substantial completion F. Final inspection G. Final application for payment 1.2 RELATED SECTIONS A. Section 00520—Contractor's Agreement B. Section 00700—General Conditions C. Section 01 52 00—Temporary Construction Facilities 1.3 CLOSEOUT PROCEDURES A. Comply with requirements stated in Conditions of the Contract and in specifications for administrative procedures in closing out the Work. B. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. C. Provide submittals to Engineer/Owner that are required by governing or other authorities. D. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean site; sweep paved areas, rake clean landscaped surfaces. C. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 CONTRACTOR'S CLOSEOUT SUBMITTALS A. Project record documents IFC June 21, 2015 01 77 00-1 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 77 00 CLOSE OUT PROCEDURES CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT B. Evidence of payment and waiver of claims: As specified in the General and Supplementary Conditions. C. Final inspection reports by all regulatory agencies demonstrating the agencies' final approval. D. At Contract close-out, deliver Record Documents to Engineer for the Owner. E. Accompany submittal with transmittal letter in duplicate, containing: 1. Date 2. Project title and number 3. Contractor's name and address 4. Title and number of each Record Document 5. Signature of Contractor or his authorized representative 1.6 PROJECT RECORD DOCUMENTS A. Provide project record documents under provisions of Section 01 78 23. B. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings 2. Specifications 3. Addenda 4. Change Orders and other Modifications to the Contract 5. Reviewed shop drawings, product data, and samples 6. Field test reports 7. Construction photographs C. Store Record Documents and samples separate from documents used for construction. D. Record information concurrent with construction progress 1. Do not conceal any work until required information is recorded 2. Legibly mark to record actual construction E. Specifications and Addenda —Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name, product model, number, trade name and supplies 2. Product substitutions or alternates utilized 3. Changes made by Addenda, field order or change order F. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish floor datum 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail 5. Details not on original Contract Drawings 6. Changes made by Field Order or by Change Order G. Submit documents to Engineer with final Application for Payment. H. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes IFC June 21, 2015 01 77 00-2 Ditesco IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seats this day of _August 3rd 20 15 and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL SURETY Name: DS Constructors, LLC Travelers Surety and Casualty Company of AmericG Address: 3780 N. Garfield Ave, Ste 101 Loveland, CO 80538 By° i Title:, --r ATTEST- �, 1 JENN��c�9,�{ �r i• 01 �* A "lik- BRAD O 6060 South Willow Drive, 2nd Floor Greenwood Village, CO 80111 B Casey Alexander y: Attorney-in-fact Title: (SEAL) TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 77 00 CLOSE OUT PROCEDURES CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT Make documents and samples available at all times for inspection by Engineer. Label each document "Project Record" in neat, large printed letters. 1.7 DELIVERY TO OWNER A. At or prior to the time of the inspection for substantial completion, deliver all required items to Engineer. 1. Contractor and representatives of Owner and Engineer shall inspect and inventory all items delivered. 1.8 SUBSTANTIAL COMPLETION A. Substantial Completion shall not be allowed until each and every component of the project, including installation of all flashing and panels has been completed and approved by Engineer. When Contractor considers the Work to be substantially complete, he shall submit to Engineer: 1. A written notice that the Work or designated portion thereof is substantially complete 2. A list of items to be completed or corrected B. Within a reasonable time after receipt of such notice, Engineer will make an inspection to determine the status of completion. C. Should Engineer determine that the Work is not substantially complete: 1. Engineer will promptly notify the Contractor in writing, giving the reasons therefore 2. Contractor shall remedy the deficiencies in the Work and send a second written notice of substantial completion to Engineer. 3. Engineer will re -inspect the Work. D. When Engineer finds that the Work is substantially complete, he will: 1. Prepare and deliver to Owner a tentative Certificate of Substantial Completion with a tentative list of items to be completed or corrected before final payment. 2. After consideration of any objections made by the Owner as provided in Conditions of the Contract and when Engineer considers the Work substantially complete, he will execute and deliver to the Owner and the Contractor a definite Certificate of Substantial Completion with a revised tentative list of items to be completed or corrected. 1.9 FINAL INSPECTION A. When Contractor considers the Work is complete, he shall submit written certification that.- 1 . Contract Documents have been reviewed 2. Work has been inspected for compliance with Contract Documents 3. Work has been completed in accordance with Contract Documents 4. Performance testing has been completed in the presence of Owner or Owner's representative 5. Work is completed and ready for final inspection B. Engineer and Owner will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Engineer consider that the Work is incomplete or defective: 1. Engineer will promptly notify the Contractor in writing listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to Engineer that the Work is complete 3. Engineer will re -inspect the Work IFC June 21, 2015 01 77 00-3 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 77 00 CLOSE OUT PROCEDURES CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT D. When the Engineer finds that the Work is acceptable under the Contract Documents, he shall request the Contractor to make closeout submittals. 1.10 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION IFC June 21, 2015 01 77 00-4 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 78 23 PROJECT RECORD DOCUMENTS CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT SECTION 01 78 23 - PROJECT RECORD DOCUMENTS PART1 GENERAL 1.1 SECTION INCLUDES A. Maintenance of record documents. Throughout progress of Work, maintain an accurate record of changes in the Contract Documents and detailed documentation of location of subsurface utilities and, upon completion of Work, transfer recorded changes to set of Record Documents. 1.2 SUBMITTALS A. Comply with pertinent provisions under Section 01 33 00. B. Engineer's acceptance of the current status of Project Record Documents will be a prerequisite to Engineer's recommendation for payment of progress payments and final payment under the Contract. C. Prior to submitting each request for progress payment, secure Engineer's acceptance of the current status of the Project Record Documents. D. Prior to submitting request for final payment, submit the final Project Record Documents to Engineer for acceptance. 1.3 QUALITY ASSURANCE A. Delegate the responsibility for maintenance of Record Documents to one person on Contractor's staff acceptable to Engineer. B. Accuracy of records: 1. Thoroughly coordinate changes within Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future searches for items shown in the Contract Documents may rely reasonably on information obtained from accepted Project Record Documents. C. Make entries within 24 hours after receipt of information that the change has occurred. 1.4 DELIVERY, STORAGE, AND HANDLING A. Maintain job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. B. In the event of loss of recorded data, use means necessary to again secure the data for Engineer's acceptance. 1. Such means shall include, if necessary in the opinion of Engineer, removal and replacement of concealing materials. 2. In such case, provide replacement to the standards originally required by the Contract Documents. PART PRODUCTS IFC June 21, 2015 01 78 23-1 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 — GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 78 23 PROJECT RECORD DOCUMENTS 2.1 RECORD DOCUMENTS A. Job set: Promptly following receipt of Owner's Notice to Proceed, secure from Engineer at no charge to Contractor one complete set of all Documents comprising the Contract. B. Final Record Documents: At a time nearing the completion of the Work, secure from Engineer at no charge to Contractor one complete set of prints of all Drawings in the Contract. PART 3 EXECUTION 3.1 MAINTENANCE OF JOB SET A. Immediately upon receipt of job set, identify each of the Documents with the title, "RECORD DOCUMENTS —JOB SET" B. Preservation: 1. Devise a suitable method acceptable to Engineer for protecting job set, considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed. 2. Do not use job set for any purpose except entry of new data and for review by Engineer, until start of transfer of data to final Project Record Documents. 3. Maintain job set at the site of Work. C. Making entries on Drawings: 1. Using an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. 2. Alternatively, make the change electronically, utilizing a PDF software, with red markings. 3. Date all entries. 4. Call attention to the entry by a "cloud" drawn around the area or areas affected 5. In the event of overlapping changes, use different colors for the overlapping changes. D. Make entries in pertinent other Documents accepted by Engineer 1. Show on the job set of Record Drawings, by dimension accurate to within one inch, the centerline of each run of items described above. a. Clearly identify the item by accurate note such as "cast iron drain," "galv. water," and the like. b. Show, by symbol or note, the vertical location of the item ("under slab," "exposed," and the like). C. Make all identifications so descriptive that it may be related reliably to the Specifications. 3.2 FINAL PROJECT RECORD DOCUMENTS A. The purpose of final Project Record Documents is to provide factual information regarding all aspects of Work, both concealed and visible, to enable future modification of Work to proceed without lengthy and expensive site measurement, investigation, and examination. B. Acceptance of recorded data prior to transfer: 1. Following receipt of print copies for Final Record Documents, and prior to start of transfer of recorded data thereto, secure Engineer's acceptance of all recorded data. 2. Make required revisions. C. Transfer of data to Drawings: IFC June 21. 2015 01 78 23-2 Ditesco TECHNICAL SPECIFICATIONS DIVISION 01 — GENERAL REQUIREMENTS 01 78 23 PROJECT RECORD DOCUMENTS CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT Carefully transfer change data shown on job set of Record Drawings to the corresponding prints, coordinating the changes as required Clearly indicate at each affected detail and other Drawing, a full description of changes made during construction, and the actual location of items to be located. Call attention to each entry by drawing a "cloud" around the area or areas affected. Make changes neatly, consistently, and with the proper media to assure longevity and legibility. D. Transfer of data to other Documents: 1. If Documents other than Drawings have been kept clean during progress of Work, and if entries thereon have been orderly and acceptable to Engineer, the job set of those Documents other than Drawings will be accepted as final Record Documents. 2. If any such Document is not acceptable to Engineer, secure a new copy of that Document from the Engineer at Engineer's usual charge for reproduction and handling, and carefully transfer the changed data to the new copy for acceptance by Engineer. E. Review and submittal: 1. Submit completed set of Project Record Documents to Engineer as described above and under provisions of Section 01 33 00. 2. Participate in review meetings as required. 3. Make required changes and promptly deliver final Project Record Documents to Engineer. 3.3 CHANGES SUBSEQUENT TO ACCEPTANCE A. Contractor has no responsibility for recording changes in Work subsequent to Final Completion, except for changes resulting from Warranty work. END OF SECTION IFC June 21. 2015 01 78 23-3 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 02 — EXISTING CONDITIONS MAX BRT TVM TRIM REPLACEMENT 02 41 00 DEMOLITION SECTION 02 41 00 - DEMOLITION PART1 GENERAL 1.1 SECTION INCLUDES A. Demolition and removal of existing flashing, sheet metal, wood backing, glue, nails, screws and other work as required herein for a complete and functional project as indicated on the drawings and as specified in this section. 1.2 RELATED SECTIONS A. Section 01 31 19—Project Meetings: Detailed Work Plan. B. Section 01 52 00—Temporary Construction Facilities: Barricades, fences and landscape protection. C. Section 07 62 00—Sheet Metal Flashing and Trim 1.3 SUBMITTALS A. Submit under provisions of Section 01 33 00. B. Shop Drawings: Indicate demolition, removal sequence, and location of salvageable items. 1.4 PROJECT RECORD DOCUMENTS A. Submit under provisions of Section 01 77 00 B. Accurately record actual locations of subsurface obstructions. 1.5 REGULATORY REQUIREMENTS A. Conform to applicable State and local codes for demolition of structures, safety of adjacent structures, dust control, and disposal. B. Obtain required permits from authorities. C. Notify affected utility companies before starting work and comply with their requirements. D. Do not close or obstruct roadways, sidewalks, or hydrants without written permission from Owner. E. Conform to applicable regulatory procedures when discovering hazardous or contaminated materials. 1.6 SEQUENCING A. Sequence work under the provisions of Section 01 11 00. 1.7 SCHEDULING A. Schedule work under the provisions of Sections 01 11 00 and 01 32 16. B. Schedule work to avoid disruption of day-to-day activities of MAX BRT operations. IFC June 21, 2015 0241 00-1 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 02 — EXISTING CONDITIONS MAX BRT TVM TRIM REPLACEMENT 02 41 00 DEMOLITION C. Provide detailed descriptions for demolition and removal procedures. 1.8 CUTTING AND PATCHING A. Contractor shall be responsible for all cutting, fitting, and patching, including required to complete the Work or to: 1. Make its several parts fit together properly 2. Uncover portions of the Work to provide for installation of ill-timed work 3. Remove and replace defective work 4. Remove and replace work not conforming to requirements of Contract Documents 5. Remove samples of installed work as specified for testing B. Provide products as specified or as required to complete cutting and patching operations. C. Inspection: 1. Inspect existing conditions of the Project, including elements subject to damage or to movement during cutting and patching. 2. After uncovering work, inspect the conditions affecting the installation of products, or performance of the work. 3. Report unsatisfactory or questionable conditions to the Engineer in writing; do not proceed with the work until the Engineer has provided further instructions. D. Preparation: 1. Provide adequate temporary support as necessary to assure the structural value of integrity of the affected portion of the Work. 2. Provide devices and methods to protect other portions of the Project from damage. 3. Provide protection from the elements for that portion of the Project which may be exposed by cutting and patching work, and maintain excavations free from water. 4. Execute fitting and adjustment of products to provide a finished installation to comply with specified products, functions, tolerances and finishes. 5. Restore work which has been cut or removed; install new products to provide completed Work in accord with requirements of Contract Documents. PART PRODUCTS NOT USED PART 3 EXECUTION 3.1 INSPECTION A. Verify areas to be demolished are unoccupied and discontinued in use. B. Do not commence work until conditions are acceptable to Engineer. 3.2 PREPARATION A. Provide, erect, and maintain temporary barriers, enclosures, security fences and shoring at demolition locations in accordance with Section 01 55 26 to protect personnel and on -going operations of campus. B. Protect existing structures and electrical service which are not to be demolished. C. Provide temporary wiring and connections to maintain existing telephone, electrical, instrumentation and control systems in service during construction. IFC June 21, 2015 0241 00-2 Ditesco TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 02 — EXISTING CONDITIONS MAX BRT TVM TRIM REPLACEMENT 02 41 00 DEMOLITION 3.3 GENERAL REQUIREMENTS A. Conduct demolition to minimize interference with adjacent structures. B. Conduct operations with minimum interference to Owner access. Maintain protected egress and access at all times. C. Sprinkle Work with water to minimize dust where applicable. Provide hoses and water connections for this purpose. D. Do not use water to extent causing flooding, contaminated runoff, or icing. E. Perform demolition activities to minimize damage to adjacent structures including TVM machines and station framework. Repair damage to adjacent structures. F. Removal and demolish only those areas shown in these specifications and plans. G. Protect walls or adjacent structures exposed to demolition work. 3.4 DISPOSAL A. Remove demolition debris daily. B. Do not store or burn materials on -site. C. Transport demolition debris to disposal area. 3.5 SITE DEMOLITION A. Disconnect, remove, cap and identify designated utilities within demolition area. B. Remove demolished materials from site. C. Do not burn or bury materials on site. Leave site in clean condition. END OF SECTION IFC June 21, 2015 0241 00-3 Ditesco TECHNICAL SPECIFICATIONS DIVISION 07 — SHEET METAL FLASHING AND TRIM 07 62 00 SHEET METAL FLASHING AND TRIM CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT SECTION 07 62 00 — SHEET METAL FLASHING AND TRIM PART1 GENERAL 1.1 REFERENCES A. The following is a list of standards which may be referenced in this section: 1. ASTM International (ASTM): a. Al53/A153M, Standard Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware. b. A653/A653M, Standard Specification for Steel Sheet, Zinc -Coated (Galvanized) or Zinc -Iron Alloy -Coated (Galvannealed) by the Hot -Dip Process. C. A666, Standard Specification for Annealed or Cold -Worked Austenitic Stainless Steel Sheet, Strip, and Flat Bar. d. A924/A924M Standard Specification for General Requirements for Steel Sheet, Metallic -Coated by the Hot -Dip Process. e. B32, Standard Specification for Solder Metal. f. B209, Standard Specification for Aluminum and Aluminum -Alloy Sheet and Plate. g. B370, Standard Specification for Copper Sheet and Strip for Building Construction. h. C920, Standard Specification for Elastomeric Joint Sealants. i. C1311, Standard Specification for Solvent Release Sealants. j. D1187, Standard Specification for Asphalt -Base Emulsions for Use as Protective Coatings for Metal. k. D4586, Standard Specification for Asphalt Roof Cement, Asbestos -Free. 2. Federal Specifications (FS): QQ-L-201 F(2), Lead Sheet. 3. Sheet Metal and Air Conditioning Contractors National Association (SMACNA): Architectural Sheet Metal Manual, 51h Edition. 1.2 PERFORMANCE REQUIREMENTS A. General: Sheet metal siding, flashing and trim shall withstand wind loads, structural movement, thermally induced movement, and exposure to weather without failing, rattling, leaking, and fastener disengagement. B. Thermal Movements: 1. Provide sheet metal siding, flashing and trim that allows for thermal movements resulting from the following maximum change (range) in ambient and surface temperatures by preventing buckling, opening of joints, hole elongation, overstressing of components, failure of joint sealants, failure of connections, and other detrimental effects. 2. Provide clips that resist rotation and avoid shear stress as a result of sheet metal and trim thermal movements. 3. Base engineering calculation on surface temperatures of materials due to both solar heat gain and nighttime -sky heat loss. 4. Temperature Change (Range): 120 degrees F, ambient; 180 degrees F, material surfaces; -10 degrees F minimum temperature. 1.3 QUALITY ASSURANCE A. Sheet Metal Flashing and Trim Standard: Comply with SMACNA's "Architectural Sheet Metal Manual." Conform to dimensions and profiles shown, unless more stringent requirements are indicated. 1.4 SUBMITTALS IFC June 21, 2015 0241 00-1 Ditesco TECHNICAL SPECIFICATIONS DIVISION 07 — SHEET METAL FLASHING AND TRIM 07 62 00 SHEET METAL FLASHING AND TRIM CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT A. Action Submittals: 1. Shop Drawings: a. Show joints, types and location of fasteners, and special shapes. b. Catalog data for stock manufactured items. 2. Samples: Color Samples for items to be factory finished. 1.5 DELIVERY, HANDLING, AND STORAGE A. Inspect for damage, dampness, and wet storage stains upon delivery to Work Site. B. Remove and replace damaged or permanently stained materials that cannot be restored to like - new condition. C. Carefully handle to avoid damage to surfaces, edges, and ends. D. Do not open packages until ready for use. E. Store materials in dry, weathertight, ventilated areas until immediately before installation. 1.6 SPECIAL GUARANTEE A. Product: Furnish manufacturer's extended guarantee or warranty, with Owner named as beneficiary, in writing, as Special Guarantee. Special Guarantee shall not be less than guarantee period of 2 years as provided for in the General Conditions. PART2 PRODUCTS 2.1 METAL A. Stainless Steel: ASTM A666, Type 304 or Type 316, soft temper; No. 2D, dull finish, 0.0625 inch thick (16 gauge), unless otherwise shown. B. Stainless Steel paneling to be perforated. Custom manufacturing required. C. Approved Manufacturers 1. McNichols Architectural Panels 2. Firestone D. Fasteners 1. For Galvanized Steelwork: Steel, galvanized per ASTM Al53/A153M or stainless steel fasteners. 2. For Zinc or Aluminum Work: Stainless steel or aluminum; reglet fasteners may be galvanized or cadmium -plated steel. 3. For Stainless Steelwork: Stainless steel. All stainless steel fasteners to receive anti -seize application prior to installation. 2.2 FABRICATION OF PANELS A. Field measure prior to fabrication. B. Fabricate in accordance with SMACNA Architectural Sheet Metal Manual that apply to design, dimensions, metal, and other characteristics of item indicated. IFC June 21. 2015 0241 00-2 Ditesco THE RED aW POWER OF ATTORNEY TRAVELERS 3 Elarmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company M-avelers Casualty and Surety Company Fidelity and guaranty Insurance Underwriters, Inn, Ti-avelers Casualty and Surety Company of Arntrric-a St, Paul Fire and Marine Insurance Company United Slates Fidelity and Guaraady Company SL Paul Gttatdian Insurance Company Attorney -In Fact No. 225371 Certilicnte No, 006019254 KNOW ALL ME, N BY THEE PRESENTS: That NrminStoa Casualty Company, Sty Paul }sire and Marine Insurance Company, St haul Guardian Insurance Company, St, Faal Mercury Insurance Company, Ttav'el n Casualty and Sn,ety Company, Ttwelers Ctcvunity anti Surety Company of America, and united States Fidelity and Guaranty Company are corpuratian.s duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of lawn, and that Fidelity nod Guaranty Insurance Ujiderhwirers, Inc., is a corporations duly Wganized u:tder the laws of the State of Wisconsin {heroin collectively called the "CompanieO. and that like Companies do hereby make, constitute and appoint Darrell C.A. Olson 11. Lance M. Olson, Rhonda Pelsehe Matthew J. Oh*% and Casey Almxander of dw City of Greenwood Village , State of_ _ . Golarftda _ their trot and lmvfut Altornay(s)-in-Fact, cpch in their separate capacity if name than one is named above, to sign, eitecute, seal aad acknowlcJgc airy and all bonds, recognizance.9, conditkwal undettukings and other Writings obligalory in The ,uLlifiv thereof an belkalf of the Compunim in their husinni of guarnn eeing the fidelity of persons, guaranteeing the perfur:ttance trf contracts and executing or guaranteeing bonds and under kings required or permitted In any actions or proccedirgs allowed by law. IN NV TNTE5S WHEREOF, the Cnmpanies have enured this instrument to be signed one their corporale seals to be herelo affixed, this day of August 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty tusurahae Underwriters, Ine. St. Paul Fire and Marine Insurance Company St, Paul Guardlan Insurance Company 13th St, Paul Mercury Insurance Company • 1ruvelers Cusualtf and Surety Company iYavelers {Casualty and Surety Company of America United States Fidelity and Guaranty Company d �h6Y,, }� F VA}e.t i ETA ryNg;Q ,¢;tN 4Uy� `,v17 Aqd� DA /YF'a T'ltb ti � - /,,wut1> 4�lrLlryl r� tT o ��,` O�rd n � l>17% h'rarRa9UFP � y .. �j1n 7f� - � f e t HIRTMRI. nMrt}yett Y� �+yl'tn�"�a� �� r�Jrt ��•. ��EAi,J�d' ��SBiCI�,� � OOkl1. � �ccw! 'a rya nn � . IN }r , >� i, � ►� � J,Nr Shto of Connecticut City of liartford V. By: Robert L. Raney, kerilarVice Frcwdent On this the lath day if August 2014 before me personally appeared Robert L. Ranrsy. whu acicnurwk4ped himsclf to be the Senior Vice President of Farmington Casualty Company, Fitlebly and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, inc.. St. Paul Fire and Marine Insurance Company, Si, Paul Guardian liwirance Company, St. Paul Mercury Insurance Comparty, Trawlers Casuoity and Samly Comparty, Maktki-s Casualty and Surety Campnny of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the fo tgaing insuir rent for the purposes therein contained by signing en behalf of the corparations by himself as a duly authursrcd otircer, erg-"Z-1 In Witness Whereof, I hereunto set my harxi and olfkitd seal. My Ccraru ssion expires the 3tllhday ofJune,2D16, Muir. C.'tvttvautt, Ncla y Public 5844M-12 Printed in U.S.A. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 07 — SHEET METAL FLASHING AND TRIM MAX BRT TVM TRIM REPLACEMENT 07 62 00 SHEET METAL FLASHING AND TRIM C. Fabricate sheet metal panels, flashing and trim in thickness or weight needed to comply with performance requirements, but not less than that specified for each application and metal. D. Fabricate sheet metal flashing and trim without excessive oil canning, buckling, and tool marks and true to line and levels indicated, with exposed edges folded back to form hems. E. Seams for Other Than Aluminum: Fabricate nonmoving seams in accessories with flat -lock seams. Tin edges to be seamed, form seams, and solder. F. Reinforcements and Supports: Provide same material as flashing, unless other material is shown. Steel, where shown or required, shall be carbon or stainless. G. Rigid Joints and Seams: Make mechanically strong. Seal aluminum joints with sealant. Solder galvanized and stainless steel metal joints. Do not use solder to transmit stress. H. Sealed Joints: Form nonexpansion but movable joints in metal to accommodate elastomeric sealant to comply with SMACNA recommendations. I. Fabricate sheet metal in lengths required by plans, unless otherwise indicated. J. Solvent clean sheet metal. Surfaces to be in contact with roofing or otherwise concealed shall be coated with isolation paint. K. Conceal fasteners and expansion provisions where possible on exposed -to -view sheet metal flashing and trim, unless otherwise indicated. Provide vandal proof fasteners as indicated in the drawings. L. Fabricate cleats and attachment devices from same material as accessory being anchored or from compatible, noncorrosive metal. 1. Thickness: As recommended by SMACNA's "Architectural Sheet Metal Manual" and FMG Loss Prevention Data Sheet 1-49 for application, but not less than thickness of metal being secured. PART 3 EXECUTION 3.1 EXAMINATION A. Verify openings and penetrations in place. B. Verify nailing or mounting strips/points and blocking are properly located. 3.2 INSTALLATION A. Paneling 1. General: Install sheet metal paneling to comply with performance requirements and SMACNA's "Architectural Sheet Metal Manual." Provide concealed fasteners where possible, set units true to line, and level as indicated. 2. Isolate metal from wood and concrete and from dissimilar metal with isolation tape or two coats of isolation paint. 3. Use only stainless steel fasteners to connect isolated dissimilar metals. 4. Joints: Per drawings. 5. Joints, Fastenings, Reinforcements, and Supports: Sized and located as required to preclude distortion or displacement due to thermal expansion and contraction. 6. Conceal fastenings wherever possible. IFC June 21, 2015 0241 00-3 Ditesco TECHNICAL SPECIFICATIONS DIVISION 07 — SHEET METAL FLASHING AND TRIM 07 62 00 SHEET METAL FLASHING AND TRIM CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT 7. Set sheet metal to straight, true lines with exposed faces aligned in proper plane without bulges or waves. B. Prefabricated Metal Systems: 1. Follow system manufacturer's printed instructions. 2. Place color variations in pieces so no extremes are next to each other. 3.3 FINISH A. Exposed Surfaces of Flashing and Sheet Metalwork: Free of dents, scratches, abrasions, or other visible defects, and clean and ready for painting where applicable. 3.4 CLEANING AND PROTECTION A. Clean exposed metal surfaces of substances that interfere with uniform oxidation and weathering. B. Clean and neutralize flux materials. Clean off excess solder and sealants. C. Remove temporary protective coverings and strippable films as sheet metal panels, flashing and trim are installed. On completion of installation, clean finished surfaces, including removing unused fasteners, metal filings, pop rivet stems, and pieces of flashing. Maintain in a clean condition during construction. D. Replace sheet metal panels, flashing and trim that have been damaged or that have deteriorated beyond successful repair by finish touchup or similar minor repair procedures. END OF SECTION IFC June 21. 2015 0241 00-4 Ditesco TECHNICAL SPECIFICATIONS APPENDIX A CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT APPENDIX A PICTURE REFERENCES OF TVM PANEL TRIM REPLACEMENT IFC June 21, 2015 APPENDIX A-1 Ditesco Location: Downtown Transit Center Station TVMs: One Sheet paneling trim to be replaced: As indicated Scale: None Location: Mountain Station Northbound and Southbound TVMs: Two Sheet paneling trim to be replaced: As indicated Scale: None Location: Olive Station Northbound and Southbound TVMs: Two Sheet paneling trim to be replaced: As indicated Scale: None Location: Mulberry Station Northbound and Southbound TVMs: Two Sheet paneling trim to be replaced: As indicated Scale: None Location: Laurel Station Northbound and Southbound TVMs: Two Sheet paneling trim to be replaced: As indicated Scale: None Location: University Station TVMs: One Sheet paneling trim to be replaced: As indicated Scale: None Location: Prospect Station TVMs: One Sheet paneling trim to be replaced: As indicated Scale: None 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. , suite lol Loveland, Co 80538 3. When organized: September 2008 4. If a corporation, where incorporated: Loveland, Colorado 5. How many years have you been engaged in the contracting business under your present firm or trade name? 7 years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) Please see attached Project List 7. General character of Work performed by your company: General Contractor 8. Have you ever failed to complete any Work awarded to you? No If so, where and why? N/A 9. Have you ever defaulted on a contract? No Location: Spring Creek Station Northbound and Southbound TVMs: Two Sheet paneling trim to be replaced: As indicated Scale: None Location: Drake Station TVMs: One Sheet paneling trim to be replaced: As indicated Scale: None Location: Swallow Station Northbound and Southbound TVMs: Two Sheet paneling trim to be replaced: As indicated Scale: None auoN :aIeag pajeoipui sy :paoeldaa aq of wia} Builaued }aayg au0 :sWnl u011eIg y10010saoH :uoi}eooq No Text Location: Harmony Station TVMs: One Sheet paneling trim to be replaced: As indicated Scale: None TECHNICAL SPECIFICATIONS APPENDIX B APPENDIX B DRAWINGS AND DETAILS CITY OF FORT COLLINS MAX BRT TVM TRIM REPLACEMENT IFC June 21, 2015 APPENDIX B-1 Ditesco As..y A/nv: O.Y1gL2C'I.XIMnAKiA'�JA11a�GtTwrcGYC M+�e+a4r.�e �1, .V�J GO!/ly 4' �Aae A..r i ^"�IYi� ^-�-^+wwva.7xxmi. ruwwrwai "ws. S J OZ m ^� D iR5 � of i m m m O n II O z ❑❑ z = W W D — { / -------------------------------------------------------------� r----� — �j I 1 v I I � m m m � I I Dr_________________________1-___-_________________-_---________I I I r I I 1 1 I L_________________________ 1__-------------------------------- J L---- J FF iz 6 IO ditesco TICKET VENDING MACHINE TICKET VENDING MACHINE TRIM DETAIL !S-17 arHO 1315 owrle9 ori., 6uA.120 c f 6�E C100 fort CdiMa C.— 60626 Fort Collins G.LE. N F - 970.204,1673 ��.OiN�ce.miva.can �-.�_�' -NE 10 If so, where and why? N/A Are you debarred by any government agency? No If yes list agency name. N/A 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. Please see attached Project List 12. List your major equipment available for this contract. Pickups, Trailer, Miscellaneous Carpentry Small Tools 13. Experience in construction Work similar in importance to this project: Loveland Food Bank Repackaging Room (See Attached) CSU Lake Street Parking Garage (See Attached) CSU Aylesworth Hall Remodel (See Attached) 14. Background and experience of the principal members of your organization, including officers: Melinda Denney, President & Robert Riggs, Superintendent (Please see attached Resumes) 15. Credit available: $ loo, goo 16. Bank Reference: Bob Clancy, V.Y., Home State Bank, 935 N Cleveland Loveland, CO 80537 (970)613-2166 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? Please see attached Licenses What class, license and numbers? Please see attached Licenses 19. Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? 100�0 And to whom? Please see attached Subcontractor List 20. Are any lawsuits pending against you or your firm at this time? No IF yes, DETAIL 21. What are the limits of your public liability? DETAIL Please see attached Certificate of Liability What company? Olson & Olson, Ltd., Lance Olson 22. What are your company's bonding limitations? $10 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 DS Constructors, LLC this 5th day of August , 2015. Company: ,DS Constructors, LL B 1/ 6 IJ2�2 Title: President State of Colorado County of Larimer Printed: Melinda Denney Melinda Denney being duly sworn deposes and says that he/she is Melinda Denney of DS Constructors, LLC (Name) (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this 5th day of August , 2015. "aaWnuu uwuUlrplq04i/i'i Jennifer Payton � 1�/'/� 10 Notary Public My commission expires: 08-15 2015 m Ge %,,. O L O R PU M C 1} I 7 t7 rx O V �r 9 IR lu W � � C X ,o u a` A M CL C L E J15 -- ..... ...... _. (303) 462-8459 -- :: - walls, ceilin s and floors, as well as all new chases will be required. Minor electrical ceilings, q ' demolition is Included. Scheduled Completion: August 14, 2015 UNC Women's Locker Room & Gender Owner: Chris Bowers 70% Original: University of Northern Colorado will be remodeling the existing women's locker Inclusive Restroom (970) 351-2725 $225,368.00 room to include ADA access and a new gender inclusive private restroom. The Campus Box 95, Parsons Hall project will require demolition of existing shower stalls, tile and a CMU wall. We Project Manager: Melinda Denney Greeley, CO 80639 will install walls, shower fixtures, tile and doorways. The plumbing will have Superintendent: Paul Friesen upgrades as well as the electrical and fire sprinkler and fire alarm. Architect: Sink Combs Dethlefs (303) 308-0200 Scheduled Completion: August 2015 . _---- .---- UNC Kepner Replacement Owner: Nate Reinhard 609/6 Original: DS Constructors will be removing and replacing the fire alarm system in Kepner (970) 351-2383 $169,922.00 Hall. Project Manager: Diane Godin Campus Box 95, Parsons Hall Superintendent: Robert Rigg Greeley, CO 80639 Scheduled Completion: August 12, 2015 Loveland Food Bank Repackaging Room Owner: Chuck Gill 10% Original: -------------- Larimer County Food Bank's Loveland location is converting an unused storage (970) 493-4477 $43,656.00 space into a bulk food repackaging room. The existing room will be divided into Project Manager: Paul Friesen 1301 Blue Spruce thirds, with 1/3rd having a metal stud and drywall partition wall installed with a new Superintendent: Guy Engell Fort Collins, CO 80524 door and frame to become storage. The other 2/3's of the space will receive a new acoustical grid system with 2' x 4' vinyl coated ceiling tiles as well as new 2'x 4' drop in lights. The existing fire sprinkler system will be modified to supply coverage both above and below the new ceiling. A recycled 3-compartment sink from the Fort Collins location will be installed utilizing the water and sewer system that is in place, along with a new hand sink, in keeping with Health Department regulations. Fiber -reinforced plastic wall panels will be installed along with a fresh coat of paint. A 6' x 10' vinyl strip curtain divider will be installed to allow forklift traffic into the space. Existing HVAC will be extended to include new space. New electrical power in the room will allow for an oven to be utilized for future food demonstrations in the customer space. Scheduled Completion: August, 2015 Larimer County Food Bank Loveland Fad it # • r . M ° . r i r •• .V ...... i . fi ♦ .'$+f �` ��k i • . ■ . Y • • r • r . f � �� - Point of Contact/Reference `r 1 Chuck Gill r 1301 Slue Spruce Dr { _ Fort Collins, CO 80525 ; (970) 530,3103 ' Location: a 2600 N. Lincoln Ave. • Loveland, CO 90538 , • Project Start Date: June 6, 2011 r Original Completion Date: August 11, 2011 « Scheduled Actual Completion Date: August 19, 2011 Firm's Role in Project: Design Build j General Contractor ` Project manager: Melinda Denney Superintendent: Guy Engel] • +rr•♦rrr•rrr�.•.•.r�•..r....r•......................r...........a..#..•.•.r•.......s#•s...rs#rr• « Description of the Proi et: The Loveland Food Share Pantry and Warehouse Project was a design build tenant finish of an existing 16,000 squarefoot building. The scope of the work to finish the interior of the building included two warehouse areas, a grocery area with a ; freezer and a cooler, offices, conference room, men's and women"s restrooms, and a check out area. All work was documented and designed to meet Silver LEED standards for future certification. The exterior work included a loading dock with a structural steel roofing and steel structure with a standing seam roof. The aluminum storefront holds ° ° two sets of double automatic doors entrance in to grocery store, with a structural steel roof and standing seam roof, The exterior acre -site was re -landscaped and the entry sidewalk was re -designed to direct clients to the entry of the new ° building. The existing concrete floors were sanded and sealed to accommodate a grocery store environment instead of the old auto body shop. The new construction also provided handicap access to the building. Also the parking lot lighting was ; modified and was updated to meet code. Electrical service to the building was renovated and provided a new transformer and meter, This project highlights our ability to work collaboratively with an owner and quickly build a project. The permit ; was issued on June 27, 2011 and the owner moved in on August 19th. During this short time 111 changes to the design were priced so the owner could alterthe design of the building to suite their needs as we were building the project. ................... ... r e. r. s ... • f r ... a ......... a ... oI♦ ... r. r .....:.. r .......................... ; ° •r.see rawauseyaerau..r.r###M.r##•#.....r� Project Status: Complete ° Size:16,000 Square Feet • Initial Cost: $789,6S8 Final Cost: $843,360 Total (Number of Change'- Orders 3 r Total Value of Change Orders: $S3,702 ; Total Number of BFI's: 111 City of Fort Collins ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2"d Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing Description of BID 8140: MAX BRT Ticket Vending Machine Trim Replacement OPENING DATE: 3:00 PM (Our Clock) August 5, 2015 To all prospective bidders under Section 00020, INVITATION TO BID, described above, the following change is hereby made and detailed in the following sections of this addendum: IMPORTANT DATE, TIME, and LOCATION CHANGE Prebid Conference A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 AM, on July 23, 2015, in Conference Room C, 281 N. College, Ave., Fort Collins, CO 80524. Please contact Gerry Paul, Director Purchasing at (970) 221-6779 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY ENCLOSED WITH THE BID/QUOTE STATING THAT THIS RECEIVED. A WRITTEN STATEMENT ADDENDUM HAS BEEN Addendum 1 Page 1 of 1 Colorado State University Lake Street Garay-e South Tenant Finish W ..1... •. ••a •.....r.a........•....Y Project Start Date: January 17, 2011 original Completion Date: May 27, 2011 Scheduled Actual Completion Date: June 6, 2011 w Size: 3,000 Sq. Ft. ; Initial Cost: $158,121 Final Cost: $213,230 Total Number of Change Orders: 3 Total Value of Change orders: $55,109 Total Number of RFI's: 39 ; } . 1 } • • ! a } . i # } ..► # } • } . } .. } . .... . ... .. .. a .. .. . ......:'.:::..:....................... Location: Y Colorado State University Fort Collins, CO Client: - James R. Stoddard Facilities Management Fort Collins, CO 80523-6030 Tel: (970) 491-0139 # Firm's Role in Project: General Contractor , Project Manager: Melinda Denney Superintendent: Tim Roland ! ......................................! ..... a ... ............. ! ! } } • # ! .. ! .. # } t } } } ! . ! ! } } ! ! . } # # . # Project Description , This project consisted of the build out of 2,400 square feet of office space. This project is located within the South side of = an existing parking structure. Since the structure was In use by the university it was imperative that the construction team work with the occupants to schedule material drop offs, building service shut downs, and work hours to create a ; smooth construction project. The tenant finish consisted of the creation of 31 offices, 2 break room areas, 2 print storage areas, and 1 conference room. The Mechanical, Electrical, Plumbing and fire suppression scopes of work all had to be Installed so they will work flawlessly with the existing systems. Finishes for the project included birch doors with two full ; size side lights within an aluminum frame, all walls are a smooth level four finish, the office and hallway floors have carpet tile, while the kitchen and entrance areas are vinyl linoleum, and the ceiling is acoustical panel. All of the offices ; with South facing windows contained daylight sensors to better regulate the amount of lighting needed for each room. All offices contained occupancy sensors to activate the lights when an individual enters the room to help cut down energy ; consumption for the office space. ... . .... . ....... ...... .. . • ...... ..... ....... . .... ... # ..... .. Y ..... ... . . . .. ♦ .. i a ......... . A . . • . . . . . . . . ♦ . . . . . . . . .... Location: • 256 SE Aylesworth Hall Fort Collins, CO 90523 . Y Client: Colorado State University Fort Collins, CO 80523 Dr, Katharine E. Leigh Tel: (970) 491-5042 . .... ►...a.aararrra•rrrrarrrrrr#rir4 +Original Completion pate. January 22, 2013 • Scheduled Completion Date: January 21, 2013 » Size:54005q.Ft. Initial Cost: $78,500 Final Cost: $78,500 Total Number of Change Orders; 0 Total Value of Change Orders: 0 Total Number of RFI's: 2 • Project Start Date: December 14, 2012 Firm's Role in Project: General Contractor Project Manager: Matt Powell Superintendent: Robert Rigg 1r.-0•0.600..r6•rr000r4ara.•#r00r•0r••*0 Colorado State University •r..• • • •. a . •.......•.. •. a. 0. I.................r Description of the Project: This project was a collaborative effort between the CSU Interior Design department and Herman Miller as part of a ; nationwide, ongoing study in design, collaboration and ; creativity in a flexible learning environment. Our ability to effectively work directly with the owner and end user came into play Immediately upon award. DS Constructors • worked on scope revisions for a month after award to ; reduce project costs dawn to their revised budget. This ; required reducing costs by 40% while still making a huge : Impact to an existing space and meeting the Herman Miller funded grand opening date. The revised scope included; demolition of multiple existing full height and half height cmu and metal framed walls, demolition of existing interior window wall, asbestos abatement, demolition of existing ceiling tile, existing grid repair and new ceiling tile installation, carpet and mastic removal, 6'X7' custom made and engineered center pivot i door, saw cutting to remove masonry door frames, ; installation of new masonry door frames in existing cmu walls, new full light doors, multiple paint schemes involving 40 foot long horizontal color breaks, new metal and gypsum wall framing, coordinatlon with university electrical trades, locker demo and reinstallation. ; This project was primarily a winter break effort, The » building did remain occupied throughout the entire duration requiring specific attention to noise disruption and building security. Despite the long lead custom door ; construction and quantity of work, the project was ; completed on -time, within the revised budget and without : any change orders. DS Constructors worked very closely with the end user to ensure their vision was being carried out. This included ; weekly, DS Constructors Initiated, job walks to address and : revise any details during the project. This process was instrumental in bringing the project in on schedule and to eliminate punch list items. t....►...r...•O..••M000JP0•0.•.•..•....•...♦.... 11111111S 3700 PY. Garfield Ave., Ste. 101 Lnvetrn+d. CC 00536 Offire: 970.635.3524 Fax: 970.635.3537 avw w%.O50nm%t rurtars,cnrn WO9RKM r TMR TO BURM THE FUTURE MELINDA R. DENNEY 25 Yrs 9n Construction w SYr Owner ^8 Yrs as Operation Manager for Construction Of11te-9Yrs U Pr*ct manaw 5 Yrs a s F 1 eSd/A roiec.t 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 a DS Constructors, LLC President J Women Business Ovrner (WBE) September 2008 — Current a 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 fury 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 profections on our yearly business p}an. 9 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, a Rhoads Construction Inc, February 1992 - October 1997 General Contractor focused on hard -bid institutional projects, Fort Collins, Colorado Delivered the following projects os a Project Manager: Y Briggsdole Classroom Facility "" 1.5mllflon— 11,000 sf. - New facility Roosevelt Nigh School Addition - 4.5million - Addition of classroom wing, gymnasium and auditorium. Letford, Milliken Elementary, Milliken Middle Schools 2.1million - 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 fallowing projects as a Project Engineer Streets Maintenance Facility 3 million Renovation of a Historical Beet Plant into City of Fort Collins Streets Maintenance Facility. Mapleton Schools - 8.7 million " Remodel and additions of six elementary schools 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 Topongo Mall Renovation-35million -Remodel of existing moll while operational. Estimator, Southern California District Office t° Worked as junior estimator on hard -bid work, ranging from office buildings to waste water treatment facilities. Field Engineer United Airlines Hunger -100 million Denver, CO Natural Resources Building " 102 million - Olympio, 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 Larirner County Class A General Contractor for City of Loveland, CO * Class B General Contractor for Town of Windsor, CO Class A General Contractorfor City of Broomfield, CO Class A General Contractor for County of Douglas, CO 13 Class B ICC Certification for the City of Denver Education El Colorado State University, Fort Collins, Colorado B.S. Construction Management, May 1990 Computer Skills in Primavera (Suretrack and P3) -MS Project w MS Word Excel ~ Timberline Estimating Timberline Project Management - Outlook - Sage 100 Project List n Please see attached. PROJECT LIST PRIOR TO DS CONSTRUCTORS, LLC Melinda Denney Center for Multi -Scale Modeling of Atrnc spheric Processes (CM MAP) Building @ Colorado State University Feb. 2008 to Aug. 2008 West Campus, Fort Collins, Colorado 3.7 million-13,420sq,ft, -Two story steel framed office building with generator backup Short Grass Steppe & Research Center @ Colorado State University Aug. 2007 to Feb. 2008 Munn, Colorado n 1.6 million " One story wood framed classroom and conference center. This also included the infrastructure and foundations for two dorm room buildings and the building pads and infrastructure for two additional structures. Harmony Corporate Center Addition Fort Collins Colorado June 2007 to Oct. 2008 13 7.3 million - 68,442sq.ft. "Three story core and shell, steel framed, precast and stone masonry skin addition to the existing building. This project connected onto an existing operating building that houses high level Owners that required detailed coordination for nolse and vibration control. Stantec Tenant Finish In the Harmony Corporate Center Addition June 2006 to August 2006 Fort Collins, Colorado a 392K-10,500sq.ft. -Tenant Finish with an IT server room. Broadcom Tenant Finish in the Harmony Corporate Center Existing Building June 2006 to August 2006 Fort Collins, Colorado is 260K - 8560sq.ft. - Tenant Finish Including four offices and two conference rooms. This space has a very large open office area and an IT room with a full backup cooling system. Sorenson Tenant Finish in the Harmony Corporate Center Existing Building June 2006 to August 2006 Fort Collins, Colorado a 185K - 1856sq.ft. -Tenant Finish including a full cooling backup system and a battery backup on the electrical system. These mechanical and electrical systems were critical for this teleconferencing company whose business centers on very high internet use. Telesco Tenant Finish in the Harmony Corporate Center Existing Building June 2006 to August 2006 Fort Collins, Colorado s 153K - 6,725sq.ft. -Demolition and Tenant Finish First National Bank Lobby Remodel Dec. 2007 to May 2008 Fort Collins, Colorado 320K - Remodel the existing three story lobby and public restrooms in the occupied building. RD&D Tenant Finish in the Harmony Corporate Center Existing Building .tune 2006 to August 200E Fort Collins, Colorado 380K - 11,300sq.ft. -Demolition and Tenant Finish that included the architectural finishes as well as the mechanical and electrical system. The project was completed in six weeks to meet the needs of the owner. Remodel of the Common Lobby and Hallway In the Harmony Corporate Center Existing Building Fart Collins, Colorado June 2007 to Oct. 2008 Ell 170K- Demolition and remodel of existing building lobby and common hallways while the building was operational. This building is one of the few Class A multi tenant commercial buildings in Northern Colorado. Air National Guard Space Warning Squadron Support Facility May 2006 to August 2007 Greeley, Colorado IN 6,6 million - 24,500sq,ft. - This project began with the abatement and demolition of the existing building. During demolition and construction the security, electrical and water systems were maintained and new connections were made successfully with out delaying the mission of the existing facilities. The new two story design build project was constructed of a steel frame and load bearing masonry. This building contains a very high level of security that included a SKIT room that was certified by the National Guard throughout building construction. The project computer system is supported by a new electrical Generator backup system. Veterinary Teaching_Hospital Mechanical _upgrade@ Colorado State University June 2007- Oct. 2007 Drake Campus, Fort Collins. Colorado 2.8 Million Remodel and upgrade the mechanical systems. This included removing six of the old HVAC units and replacing them. A new fire sprinkler and alarm system was installed throughout the building.. This work was coordinated around the operation of the entire building as well as small and large animal surgery. This facility runs 24/7. City of Greeley's Farmers Market/Railroad Depot Upgrades March 2006 -July 2006 Greeley, Colorado a 710K w This project included constructing new community shelters that were constructed out of glu-lam columns, beams, and trusses with wrought iron connectors. The existing parking lot and site work was remodeled also which included site electrical, site concrete, asphalt and landscaping. Faculty Apartment Renovation A @ the University of Northern Colorado Jan 2006 - July 2006 Greeley, Colorado a 1.5 million This project converted a historic faculty apartment building into one of the premier dormitories on the UNC Campus, This project began with major demolition of the three interior floors and attic level of the historical building. The attic was remodeled into the mechanical space and the three floors were remodeled into one to three person dorm rooms. This project included complete upgrade of the data, electrical and all mechanical systems. During the demolition of the basement level floor we found that the location of the existing sanitary sewer system inside and outside of the building was unknown. The system was then redesigned as we continued construction of the building. This project was completed on time for the students to move in and start classes in August. Recreation Center Curtain Wall Replacement @ The University of Colorado Dec. 2005 to July 2006 Main Campus, Boulder, Colorado M 763K - Remove existing two story structural steel window systems around the main swimming pool, make structural modifications and Install new high efficiency aluminum window curtain wall system. The removal, redesign and reinstallation of the soffit systems around the curtain wall was added during demolition as we discovered the high level of deterioration of the soffit structural system. This project was completed on time for the reopening of the Recreation Center pools for classes. AG Edwards Remodel Fort Collins, Colorado July 2005 to Oct, 2005 ar 90K w This project consisted of remodeling the existing office area. The entire office remained operational during our phased remodel. La-Z-Bay Furniture Gallery Fort Collins, Colorado June 2005 - Nov 2005 a 1.2 million - 28,250sq.ft. -This project included a 15,000sq.ft, addition to the existing building; A 13,250 sq.ft., one story building, which was gutted and remodeled into the top rated La-Z-Boy Store In the region. This project was completed two weeks early to insure the store would be open for the biggest shopping day of the year, the day after Thanksgiving. Advanced Energy Building Seven Fort Collins, Colorado April 2000 - Feb 2002 zi 6.9 million - 64,000sq.ft, - This design build project was a manufacturing and office facility for the manufacture of computer panels. The structure was structural block with a brick veneer and steel columns and truss system that supported a flat roof. Orthopedic tenter of the Rockies Adiftion & Remodel Fort Collins, Colorado to 2 9M - 7 164sg.ft. - Remodel of pre -op, post -on, surgery center, office spaces and waiting area plus 5341sf recovery center addition including third operating room and 10-bed, 72-hour overnight stay facility, Work completed while the facility continued full operation. 7 Wright Eye Center Colorado Springs, Colorado M 3.6 million - 24,000sg.ft. - Lasik eve surgery center and clinic. This building was constructed of structural steel and metal studs with a foist and deck roof system. The building veneer is EFTS and stone wainscot, Windsor Medical Center, Poudre Valley Healthcare Clinic Windsor, Colorado 63 3.2 million ~ 24,000sg.ft. "This design build multi -discipline medical facility included development, design and construction of seven suites in the facility while the core and shell was being constructed, This project was constructed out of structural steel and metal studs with masonry and EIFS skin. The building also included a large glu-lam beam and wood truss entry feature. Thornton Spine and Orthopedic Ambulatory Surgery Center Nov 2000 - Sept 2001 Thornton, Colorado C9 Umillion - 47,472sg.ft. -This high -end project included medical offices, a two -operating -room surgery center and amphitheater incorporating state-of-the-art audiovisual equipment and medical equipment for research, teaching and surgery._ The structure was built out of structural steel and metal stud framing. The roof system was constructed out of joist and metal deck. The slain was primarily EIFS with a stone wainscot. Boston Loft Apartments Downtown Denver, Colorado Feb 1996 - Jan 1997 >� 6.2 million w This historical renovation included a complete gut of the old Boston Bank nine story building and the adjoining seven story warehouse storage building. The project combined the two structures into one hundred and thirty-six residential loft units. Roosevelt High School Remodel and Auditorium Addition gym with locker room Addition Johnstown, Colorado 4.5 million - The project included the partial architectural and mechanical remodel of the existing school while it was in session. A new and separate auditorium, gym and locker room were added onto the facility during the same time period. Lakewood Senior High $4M Lakewood, Colorado a 4 million "This project included a total renovation of the existing mechanical and electrical system. WE0 N. Garfield Ave., Ste. 101 Luveland, C13 805313 Office. 970.635.3534 Fax. 970.635.3537 CIDNSnuicTORS LLC wivtnZSCanstructors.carn WDRXING )r0_VrTHERTO BUILD Ttli rUTunE Robert Rigg Superintendent —14YrstnConstructlen`6YrsasSuperintendent 3YrsPrciectManagernent 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 Superintendent June 2014 - Current tr CSU B-Barn Replacement - - 502 thousand N 5500sf - Replacing the old damaged barn with a new 20 stall barn. N Select Energy July 2013 - June 2014 Superintendent/ Supervisor K DSConstructors, LLC April 2012-July 2013 Superintendent Liquor Max Drive -up Addition -195 thousand'" 640sf - Drive up addition to the existing building. CSU Forestry Steam and Condensate Line Replacement 137 thousand - Remove and replace exterior Ste= supply and condensate lines, demo and upgrade steam service in mechanical room. CSU UPS -Backup Generator - 266 thousand - Install diesel backup generator, UPS and Flywheel system for existing data Center without Interruption to service. im la 0 CSU Edwards Nall 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 Jngersoll Office Remodel - 29,000 - Remodel of existing dorm hall front office. Carpet, mi iwork, new acoustical ceiling, electrical was installed. An existing CMU wall was sawcut and trimmed out far 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 wos fully occupied and operational. f Longmont Civ1c Center Elevator - 2S9,200 - 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 wells were removed, new exit hallways framed, new wall and floor coverings, new acoustical ceiling and custom shelving. ai 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 oddition of two lanes of thru traffic and turn lanes. Several MSE Walls ranging in height front 3' to 14' and up tc 250' in length. Cut over 2,000CY yords of dirt from roadway, Install Y of a mile of C1P wolfs with Form Liner expanding box culverts and drainage ponds. Fast Tracks/tight Rail - RTD- Oversee paving and Grading for new Federal and Sheridlan BLVD Interchanges with the west roil project. Completed over 10 miles of paving and grading in O 5 month time period while keeping roadways open to m5idences and businesses. N Heath Construction October 2009 — October 2010 Superintendent r 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 areas in tunnels, pour pads for new equipment. ' r King 5oopers 426 $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. M IGC Management April 2008 - October 2009 Project Manager f General Superintendent i 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. CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 Federal Terms and Conditions Davis Bacon Wage Rates 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS a 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. 14 Coe Construction Inc. Superintendent June 2007 —October 2007 _ Complete office tenant improvement fortwo 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. so EAI West Inc. February 2007 "June 2007 Project Manager Construction and installation of Water Storage Tanks in Ranchester, Wyoming/Pueblo, Colorado/Mancos Creek, Colorado/ Salida, Colo rado/Debeque, Colorado/Rifle, Colorado. Projects range in Dollar amounts from $50,000 to $350,000. U Anderson Construction November 2006 " February 2007 Superintendent New Grease Monkey Service Center in Sterling, Colorado. Project required continual dewatering due to extremely shallow water table. Foundation consisted of a 3' thick stab with #5 reinforcing both ways in 3 mats, Foundation Walls were 18" thick with 95 reinforcing in both directions, 12" O.C. Project was delivered on time and within budget despite weather and environmental delays. N Hall Irwin Corporation October 2004 - August 2006 Superintendent Reclamation of 40 housing developments for KB homes, Richmond Homes and Centex Homes. rA Callahan Construction February 1998 " August 2004 Supervisor GASES Commerce City Warehouse — Demolished existing sales building and constructed new building with a warehouse addition. Arrow Stage Lines Bus Terminal 6.3 Million- Demo old Warehouse and home, de -contaminate site, re -grade entire site, °build a 5 bay shop with wash bay and storage room, 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 Facade. Education ■ Fork Lift Training OSHA 30hr Certification OSHA 10hr III CDOT Erosion Control Supervisor Training MDC National Superintendent Training 11 Caterpillar Skid Steer and Backhoe Training 0 CPR Training 8 Confined Space Entry Training ■ Cathodic Protection Certification A Power Actuated Tool Certification B 1.C.0 Class A Contractors License ■ Noble Energy Safety Courses ■ Trenching and Excavation Training Computer Skills Primavera {Suretrack} -Ivls Project - MS Word- Excel - Outlook References 1011 Provide Upon Request 371313 N. Garfie d ,Ave., Ste. 101 Loveland, [U U053H Office: 970.6 35.3 5 34 fox. 970.635.3537 CDtiIfiRLKTOR5 LLC tVvrrta'.05Canstructnrs.torn WGIRKING ToOtMEfl' IO BUILD THE rUTUR£ License list tarimer County CL-0496 Class A General Contractor City of Fort Collins, Colorado #3089 Class A General Contractor City of Loveland, Colorado #3790 Ciass A General Contractor City of Longmont, Colorado CL-20130807 Class 3 General Contractor Town of Windsor, Colorado #3985 Goss B General Contractor County of Douglas, Colorado #A130121 Class A General Contractor City of Brighton, Colorado CL-10219 Class A General Contractor City of Boulder, Colorado ##0010388-08 Class 6 General Contractor City of Broomfield, Colorado OL-I4-10688 Class A General Contractor I= SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR N/A N/A �� ® DATE (MMIQQ/YYYY) A6OR CERTIFICATE OF LIABILITY INSURANCE 12/30/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE 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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX -867-2055 A!C No Olson &Olson Ltd 5655 S. Yosemite St. 4200 Greenwood Village CO 80111 E-MAILD ARESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A:Westfield Insurance Company 24112- INSURED DSCON-1 INSURER B:PinnaCOI Assurance 41190 INSURER C DS Constructors, LLC INSURER D: 3780 N. Garfield Ave., Ste 101 Loveland CO 80538 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 2027041535 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 A INSR BR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY) POLICY EXP (MMIDDIYYYYI LIMITS A GENERAL LIABILITY TRA5154002 1/1/2015 /1/2016 EACH OCCURRENCE $1,000,000 DAMAGE T RENTED PREMISES Ea occurrence $500,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $5.000 CLAIMS -MADE [X1 OCCUR PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2,000,000 $ POLICY X PRO- LOC JFCT A AUTOMOBILE LIABILITY TRA5154002 1/1/2015 /112016 OMBIN D SINGLE LIMIT Ea accident 1 000,000 BODILY INJURY (Per person) $ X ANY ADro BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS X X NON -OWNED HIRED AUTOS AUTOS Per�acciRdenj AMAGE $ A X UMBRELLA LIAB X OCCUR TRA5154002 1/1/2015 /1/2016 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS LIAB CLAIMS -MADE E. X RETENTION$0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRI ETOR/PARTNEFLEXECUTIVE OFFICER/ME MBER EXCLUDED? N (Mandatory in NH) N I A 130202 1/112015 /1/2016 X WC STII ATU- MITS FR E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE -POLICY LIMIT $500,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I 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. Contractor's License. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Collins ACCORDANCE WITH THE POLICY PROVISIONS. 281 North College Avenue I PO BOX 580 Fort Collins CO 80522-0580 AUTHORIZED REPRESENTATIVE �J ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD BUY AMERICA The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products Certificate of Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date August 5, 2015 Signature Company Name DS Constructors, LLC Title President Certificate of Non -Compliance with 49 U.S.C. 5323y)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 5323(j)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title Certification requirement for procurement of buses, other rolling stock and associated equipment Certificate of Compliance with 49 U.S.C. 5323U)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date August 5, 2015 SignE company Name --- Title President Certificate of Non -Compliance with 49 U.S.C. 53236)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 53230)(2)(D), and 49 CFR 661.7. Date Signature Company Name Title LOBBYING Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq] -Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, DS Constructors, LLC , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this ce 'fication and disclosure, if any. / Signature of Contractor's Authorized Official Melinda Denney/Presiden ame and Title of Contractor's Authorized Official August 5, 2015 Date COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST Project Hartle and Number Project Code I Proposal Date Contractor Region TVM Trim Replacement Project 1 8140 lAugust5,2015 I DS Constructors, LLC SubcontractorslSupptiers/Vendors: The bidder must list all farms seeking to participate on the contract. This information *used by the ..olorado Department or Transportation (CDOT) to determine overall goals for the Disadvantaged Business Enterprise Program. Failure to ubmit this form may result In the oroocsaf belno reiected. Frcm Name Email Walk Proposed I DBE I Selected {Select all that apply} I (YIN) (YA4) jt certify that the information provided herein is true and correct to the best of my knowledge. lmjalind4 Denne�(1 I ILresident le/5/151 Warh Proposed Categaries. �! I 1 rarenars end Supplips 2 Fiaogingand TrOm Convol 3 Truckurg arc Hauling 4 Ar asi Cahcrekt Founrlhr+bris Ana Foobi,rgs 5 Concrete Paving F(afliwk andRelmi., 6 LighbilgandElecinca( / S'0n3 $tJrrrll WslaRalm a arrrl Cuordiml 8 Fencing 9 Buddangsand VaihcaiStra.•crares 10 Urdirl Wiatpr and Seaver Lines form must he submitted by the turennitials 1 r swiclur81 Stgvf anu $t@el T?elnlar rnynt 12 Rapjap at)d Anchored Rerairring Walls 13 Landscape and Erosion Ct Mmi 14 pndg7 and Undge Do k C0n5laxr !1 75 Asphalr Paving 16 Read andParkngLarAfarktnt3 1/ Chip Seal Cwk Sea( Jong See?arkl Crack Fill 18 8"dg0rernlogr4ndcoalrrrg 19 Sisirl.ay and Otnamuntai dotal 20 Parking Lors end Conanrercial Sidewalks deadline. Far COOT submit to 21 C:leoong,Gemralrrivn Excavv1icnaro Eanlu;ruk 22. Engineering and Surveying Services 23 Puto,^Rewtonsarrdinmiroymoitr 24 PilesandDeep FoundalwAs 25 Waste hfartagement and Recycl+nq 26 Stle Clean Up 27 AfechanrcalandHVAC 28 tunnel conatrui'clrran 29 Profihng" Gntwing 30 Environmental.►#ealfhand Sa;ely. COOT Farm #1413 011114 SECTION 00020 INVITATION TO BID COLORADO DEPARTMENT OF TRANSPORTATION PROJECTNO. 8140 ANTI -COLLUSION AFFIDAVIT LOCATION Ft. Collins I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 28, Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project 10 submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any Intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. 1 understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract, I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE, Comr Colors lirm orcompany name 7rltlb 6 Date August 8, 2015 IDS Constructors, LLC President 2no contractor's i m oreompany name. (II joint venture.) By Date Title Sworn to before me this -6A4, day of, p 1 20 1, tll Pl ll`WUu g11q.... Notary Public y5 /V " "• Jennifer Payton a /ny NO • /'� ' My commission expires IF_ August 5, 2015 p c t C) NOTE: This document must be signed in ink. '.••�••.•• OY COOT Form 0606 1102 00 //i//////11/I I IIHI I I I I I I I Illllll�ll�11`\`\` COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN $idler: DS Constructors, LLC Project TVIA Trim Replacement Project Contact John Slnnett Project Coyle: 8140 Phone: 970e35.0534 Date of Proposal: August 5, 20r5 Email: isinnettOdsconstruaors.com Contract Goal: . Preferred Contact Method: ernap Region: L)BECommlitments DBE Firm Name Workto Be Performed Commitment Amo,unt Eligible Participation my ir wtr (,,j tL , c� ' u r o . Total Eligible Participation Total Bid Amount Total El` ible Participation Percentage Bidder Signature This section must be signed by an individual with the authority to bind the Bidder. By signing this form, as an authorized representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are true and complete to the best your knowledge. Further, you attest that you have read the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the following: CDOT shall not award a contract until It has been determined that the contract goal has been met or that you have otherwise demonstrated good cause. Once your proposal has been submitted, commitments may not be mollified or terminated Wthout the approval of CDOT. If selected as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed above. If you have not met the contract goal, you Oil also be required to submit documentation of all good faith efforts to meet the contract goal. It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation has been properly counted. For additional information ano instructions on calculating eligible participation, see the Standard Special Prcrvision Disadvantaged Business Enterprise Requirements, Name Melinda Denney Title President I Si nature Date o8Po5J'22o15 This farm must be subm fitted by the proposal deadline. For CDOT projects, submit to cdot hq d orm statexams. Gvii Rights and Business Resource Center Fcrm# 1414 Bt114 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: August 27, 2015 TO: DS Constructors LLC PROJECT: 8140 MAX BRT Ticket Vending Machine Trim Replacement OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated August 5, 2015 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8140 MAX BRT Ticket Vending Machine Trim Replacement. The Price of your Agreement is Seventy -One Thousand Two Hundred Seventy -Eight Dollars 71 278 . 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 September 11, 2015. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fo in OWNER By: Ger Pau Purchasing Director SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 27th day of Au ust in the year of 2015 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 8140 MAX BRT Ticket Vending Machine Trim Replacement and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by Ditesco, 1315 Oakridge Drive, Suite 120, Fort Collins, CO 80525, 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 ninty (90) 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 ten (10) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the Ninety (90) 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 ten (10) 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: Seventy -One Thousand Two Hundred Seventy -Eight Dollars ($71,278), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall 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 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: C Y OF FORT CO LINS n� By: 141 GERRY L PURCHASING DIRECTOR Date: `I �Z f /n Date: CONTRACTOR: DS CONSTRUCTORS LLC By. L RIN ED Date: Imo( Attest:(�Vy� dk 1 + )Z4Jd"W� City Clerk QQF`T C0 Address for giving notices: °'•'2N P. O. Box 580 � Fort Collins, CO 80522 Attest: Approved as to F Scat 7L— Assistant City Attorney (CORPORATE SEAL) Address for giving notices: 11"2RI�i L' lot License No.: ♦ i' SECTION 00530 NOTICE TO PROCEED Description of Work: 8140 MAX BRT Ticket Vending Machine Trim 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 Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20_ CONTRACTOR: DS Constructors LLC In Title: SECTION 00020 INVITATION TO BID Date: July 8, 2015 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 August 5, 2015, for the MAX BRT Ticket Vending Machine Trim Replacement; BID NO. 8140. 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 8140. The Work shall consist of removal, demolition, fabrication and installation of metal sheet paneling as trim for the ticket vending machines along the MAX BRT transportation corridor. The work includes all materials required to complete the work, including all labor, equipment, and traffic control. Federal requirements and Davis -Bacon wages apply. 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 1:00 PM, on July 21, 2015, in Conference Room 2A at 215 N Mason Street, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: • Rocky Mountain E-Purchasing System: www.rockymountainbidsystem.com Bids will be received as set forth in the Bidding Documents The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. 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. SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. 106148480 KNOW ALL MEN BY THESE PRESENTS: that IDS Constructors LLC 3780 N Garfield Ave., Suite 101, Loveland, CO 80538 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) 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 Seventy -One Thousand Two Hundred Seventy -Eight Dollars 71 278 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 27th day of August, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8140 MAX BRT Ticket Vending Machine Trim 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 eYecuted in tnrPP r3) r_.ni_interpartG, Pach one of which shall be deemed an original, this _31st day of _August 2015 IN PRESENCE OF: Principal DS Constructors, LLC (Title) (Title) (Corporate Seal) IN PRESENCE OF: IN F: (Surety Seal) 3780 N Garfield Ave., Suite 101, Loveland, CO 80538 (Address) Other Partners By: W Lb -- Surety Iraveler alty and Surety Company By: asey Alexander, Attorney -in -fact 6060 S Willow Dr., Greenwood Village, CO 80111 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00615 PAYMENT BOND Bond No KNOW ALL MEN BY THESE PRESENTS: that IDS Constructors LLC 3780 N Garfield Ave., Suite 101, Loveland, CO 80538 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the CitV of Fort Collins, 300 Laporte Ave. Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of Seventy -One Thousand Two Hundred Seventy -Eight Dollars ($71,278) 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 27th day of August, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8140 MAX BRT Ticket Vending Machine Trim 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 i^ three (3) coi!nternarts, each one of which shall be deemed an original, this _ 31 St day of _ August 2C 15 IN PRESENCE OF: (Title) (Corporate Seal) IN PRESENCE OF: IN (Surety Seal) Principal DS Constructors, LLC (Title) 3780 N Garfield Ave., Suite 101, Loveland, CO 80538 (Address) Other Partners By. — Surety T velers Casualty and Surety Company By: _._. Casey Alexander, Attorney -in -fact 6060 S Willow Dr., Greenwood Village, CO 80111 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED POWER OF ATTORNEY TRAVELERSJ� Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company ��_* I6(Q14SygQ Attorney -In Fact No. 225371 Certificate No. 006019257 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Darrell C.R. Olson II. Lance M. Olson, Rhonda Petsche, Matthew J. Olson, and Casey Alexander of the City of Greenwood Village , State of Colorado , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of August 2014 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 13th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company r,ASU.��r JV p10.E4y CLAN _�MfG� Jp.�.�NSUgq ®JP TY Ag09 �la6�AY �� r ��•4, L dr0 f• �9 �tQaGORA> yi QV .•. ':�,°o ur `9 .y N' Sv m1 G a •...... a d.'•.. : a 6 D p� y . AN � MCE law Aar jY........ ftY 6 ,.MA • "+/ Attu State of Connecticut City of Hartford ss. By: '44a� Robert L. Raney, enior Vice President On this the l3th day of August 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p•TlT In Witness Whereof, I hereunto set my hand and official seal. � Ay Commission expires the 30th day of June, 2016. A AUBL�G �s Marie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS 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 Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or 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. S� IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of dK W ' , 20 6 Kevin E. Hughes, Assistant Sec tary CI.SUq �NE6�„. t'�,N DNS NSte tT 4N ,pr+er,ne vp+.�...,...'°4 /�Q� ,1W.'co�Tp • � z f � W IIARTFORD. FN9T'OA0. � �, �c�' i � $ 1951 N � � �S E A L 'o"J ' `• ` ° CONK. COPu+. � �� is t896 �. .............*t� 61 ',�� f e � •�•� �tt�� 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 Attomey-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 AcoR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/31 /2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 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 endorsements . PRODUCER CONTACT NAME: AX Olson & Olson Ltd PHCNN - 7- FA/C No: - 7- 74 5655 S. Yosemite St. #200 E-MAIL Greenwood Village CO 80111 ADDREss: Isonandolson. m INSURER(S) AFFORDING COVERAGE NAIC # INSURER A INSURED DSCON-1 INSURER B DS Constructors, LLC INSURER 3780 N. Garfield Ave., Ste 101 INSURER Loveland CO 80538 COVERAGES CERTIFICATE NUMBER: gt79762C11R.'A 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 DL INSR UB POLICY NUMBER POLICY EFF MWDD/YYYY POLICY EXP MM/DDIYYYY LIMITS A GENERAL LIABILITY TRA5154002 1/1/2015 1/1/2016 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY A A D PREMISES Ea occurrence $500,000 _ CLAIMS -MADE I 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 X PRO LOC $ ^ AUTOMOBILE LIABILITY TRA5154002 1/1/2015 1/1/2016IN _LEa accident 1,000,000 X BODILY INJURY (Per person) ANY AUTO $ ALL OWNED SCHEDULED AUTOS AUTOS $ BODILY INJURY (Per accident) X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ A �X UMBRELLA LIAB X OCCUR TRA5154002 1/1/2015 1/1/2016 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION$0 $ B WORKERS COMPENSATION 4130202 1/1/2015 1/1/2016 X WC STATU- OTH- TORY LIMITS FIR AND EMPLOYERS' LIABILITY Y / N E.L. EACH ACCIDENT $500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? F NIA E.L. DISEASE - EA EMPLOYE $500,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / 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. 8140 MAX BRT Ticket Vending Machine Trim replacement. CERTIFICATE HOLDER CANCELLATION City of Fort Collins 215 N Mason St., 2nd Floor PO Box 580 Fort Collins CO 80522 ACORD 25 (2010105) 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 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8140 MAX BRT Ticket Vending Machine Trim Replacement PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: DS Constructors LLC CONTRACT DATE: August 26, 2015 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: 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 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 DS Constructors LLC for the City of Fort Collins project, 8140 MAX BRT Ticket Vending Machine Trim 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 August 27, 2015. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: , 20_ Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: DS Constructors LLC (CONTRACTOR) PROJECT: 8140 MAX BRT Ticket Vending Machine Trim 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. 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 Title: ATTEST: Secretary STATE OF COLORADO )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this by Witness my hand and official seal. Notary Public My Commission Expires: day of 20_ SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: DS Constructors LLC PROJECT: 8140 MAX BRT Ticket Vending Machine Trim Replacement CONTRACT DATE: August 27, 2015 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) in ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) 0 DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number. ( Business telephone number: Colorado withholding tax account number: Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE 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 C1J wyll� 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, EJCL) 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 8- Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS......................................_...,...........I 1.1 Addenda ....................... ..... 1 1.2 Agreement. .................. ...................... J 1.3 Application for Payment .......................1, 1.4 Asbestos ............................................. 1.5 Bid ......................:............. ................. 1.6 Bidding Documents ..... ........_._.... ........1 1.7 Bidding Requirements__ .....................� L8Bonds .......................... ............... 1 1.9 Change Order.... ... __...... .. ]'It) Contract Documents,.,.,..__„,,,,,,,,,,,,,, 1.11 Contract Price..................................._1 L12 Contract Tim es I 1.13 CONTRACTOR ........................ :....,;... 1 1.14 defective ...................... ....................... a LIS Drawings ................................ 1.16 Effectivc Date of the Agreement ...... 1.17 ENGINEER........................................I 1.18 ENGINEER's Consultant.. .................... 1 1.19 Field Order.........................................1 1.20 General Requirements ......................... 1.21 Hazardous Waste „ 1.22.a Laws and Regulations; Laws or Regulations............ 1.22.b Legal Holidays ...... ........ .................. .....Z 1.23 Liens ................................ 1.24 Milestone__.........................................2 1.25 Notice of Award .................................? 1:26 Notice to Proceed,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1.27 OWNER..........................................,..2 1.28 Partial Utilization................................2 1.29 PCBs ................ .. . 2 1:30 Petroleum ............. 1.31 Project --- ____ .._............. -- 2 132.a Radioactive Ma-aterial ...........................2 1.32.h Regular Working Hours.......................2 1.33 Resident Project Representative. ........... 2 1.34 Samples ........................ ....2 1.35 Shop Drawings, ........................... ....... 2 1-36 Specifications,.__„_.... ......2 1.37 Subcontractor,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2 1-38 Substantial Completion .......................2 1.39 Supplementary Conditions,,,,,,,,,,,,,,,,,,,; 1.40 Supplier .... .......... ........... .............. .......r 1.41 Underground Facilities., . .................. 2-3 1.42 Unit Price Work .................................. 3 1.43 Work,,,,,,,,,,,,,,, 1.44 Work Change Directive...,,,._;,,,,,,,,;,,,; 1.45 Written Amendment........_.. _............... Page Number 2. PRELIMINARY MATTERS ................................3 2.1 Delivery of Bonds ............................ 3 2.2 Copies of Documents ....................... 2.5 Commencement of Contract Times; Notice to Proceed,-__....,_, 3 2.4 Starting the Work ............................ 2.5-2.7 Before Starting Construction; CONTRACTOWs Responsibility to Report; Preliminary Schedrles; Delivery of Certificates of Insurance._.-,..,, ........................ 3-4 2.8 Reconstruction Conference 4 2.9 Initially Acceptable Schedules __4 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ..................................... .... 4 3.1-12 Intent 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3-4 Intent of Certain Terms or Adjectives .... ......................... .....:.. 5 3.5 Amending Contract Docunents,........ 5 3.6 Supplementing Contract Documents ......... ......................... 5` 3.7 Reuse of Documents. ........... .............3 4, AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 5 4.1 Availability of Lands ............ ........ 5-6 4.2 Subsurface and Physical Conditions.-....__..._........__..._..__6 4.2.1 Reports and Drawings......................6 4 2.2 Lim ited Reliance by CONTRAC- TOR Authorized, Technical Data.............................................6 4:2.3 Notice of Differing Subsurface or Physical Conditions ..................¢ 4.2.4 ENGINF.ER's Review ........................ 6 4.2.5 Possible Contract Documents Change.............................. ...........6 4.2.6 Possible Price and Times Adjustments .............................. 6-7 4.3 Physical Conditions --Underground Facilities ...................................... . 7 4.3.1 Shown or Indicated 7 4.3.2 Not Shown or Indicateci.............,,,,,,,7 4.4 Reference Points 7 EJCDC GiNLRAL CONDITIONS 1910-8 (1990 EDITION) wl CITY OF FORT COLUNS MODIMATIOM (REV 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material,,,,, 7-8 5, BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bonds.............................................. S 5.3 Licensed Sureties and Insurers; Certificates of Insurance— .. ................ S 5.4 CONTRACTOR's Liability Insurance..........................................9 5.5 OWNERs Liability Insurance...............9 5.6 Property Insurance.. ................... 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance..............._10 5.8 Notice of Cancellation Ckovision..,...... 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts._,,,,,,,,,,,,, , 10 5.10 Other Special Insurance. ...............__ 10 5.11 Waiver of Rights...............................11 5,12-5.13 Receipt and Application of Insurance Proceeds .....................10-I I 5,14 Acceptance of Bonds and Tn.- once; Option to Replace ........ ,,,,,,,11 5.15 Partial Utilization --Property Insurance ........................................ l I 6, CONTRACTOR'S RESPONSIBILITIES ...............11 6.1-6.2 Supervision and Superintendence ....... 11 6.3-6.5 Labor, Materials and Equipment,,. 11-12 6.6 Progress Schedule._.........................12 6.7 Substitutes and "Or -Equal" Items; CONTRACTORS Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation ...12-13 .......... 6.8-6. I I Concerning Subcontractors, Suppliers and Others; Waiver of Rights .._....................13-14 6,12 Patent Fees and Royalties....................14 6.13 Permits ................... ............... ...... ...,14 6.14 laws and Regulations„..............._.....14 6.15 Taxes...........................................14-15 6.16 Use of Premises..... ..................... 15 6.17 Site Cleanlmem................................ 15 6,18 Safe Structural Loading.....................15 6.19 Record Documents..._........................15 6.20 Safetvand Protection _._._........... ...15-16 6.21 Safety Representative ...... ................ _ 16 6.22 Hazard Communication Programs ...... 16 6.23 Emergencies.... .......... ...................... 16 6.24 Shop Drawings and Sam ples..............16 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER ...... 16-17 6.27 Responsibility for Variations From Contract Documents.,.,,.,,,..17 6.25 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals...................................17 6.29 Continuing the Work ................... .17 6.30 CONTRACTORs General Warranty and Guarantee..............17 6.31-6.33 Indemnificaticm 17-18 6.34 Survival of Obligations ...................18 7. OnIER WORK.................................................18 7.1-7.3 Related Work at Site18 7.4 Coordination.,, .......... ................... 18 S. OWNER'S RESPONSIBILITIES .........................I8 8.1 Communications to CON- TRACTOR ....... _...................... IS 8.2 Replacement of ENGINEER.,.,,,,,,,, l8 8.3 Furnish Data andPay Promptly WhenDue..................................18 8.4 Lands and Easements; Reports and Tests... _........................._ 18-19 8.5 Insurance.......................................19 8.6 Change Orders, .............. ....... 8.7 Inspections, Tests and Approvals...................................19 S.S Stop or Suspend Work; Terminate CONTRACTOR's Services......................................19 8.9 Limitations on OWNER'S Responsibilities._....._ ...............__ l9 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ............. ...... 19 8.11 Evidence of Financal Arrangements .................. 9. ENGINEERS STATUS DURING CONSTRUCTION ...... _.....................................19 9.1 OWNER's Representative ............ .... 9 9.2 Visits to Site.................................19 9.3 Project Representative,, ,,,,,,,,,,,19-21 9.4 Clarifications and Tnterpre- tat ions ........................................ 21 9.5 Authorized Variations in lWk.._...21 lu EJCDC GENERAL CONDITIONS 1910.E (1990 EDITION) wt CITY OF FORT COLUNS MODIFICATIONS (REV 9/99j SECTION 00100 INSTRUCTIONS TO BIDDERS Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9-6 Rejecting Defective Work_, ..................21 13.8-13.9 Uncovering Work at ENGI- 93-9.9 Shop Drawings, Change Orders NEERs Request ................... _27-28 and Payments ....................................21 13,10 OWNER May Stop the Work ........... 28 9.10 Determinations for Unit Prices ...... 21-22 13,11 Correction or Removal of 9,11-9.12 Decisions on Disputes; ENGI- Defective Work,,,,,,,,,,,,,,,,,,,,,,,,,, 28 NEER as Initial Interpreter ..............22 13.12 Correction PC64 ... ...... 9.13 Limitations on ENGINEERS 13.13 Acceptance ol'Defective Work ...... _28 Authority and Responsibilitie* ..... 222-23 13.14 OWNER Ivlay Correct Defective Work..................................... 28-29 CHANGES IN THE WORK.... ... ........................ 2-3 10.1 OWNER!s Ordered Change ................ 23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment.._ ... ............ COMPLETION.............. ........... 29 10.3 Work Not Required by Contract 14.1 Schedule of Values.........................29 Documents ...................... ............. _23 14.2 Application for Progress 10.4 Change Orders ..................................23 Paym ent .............. . ................. 29 10.5 Notification of Surety,__ ... __ ......... .23 143 CONTRACTOR's Warranty of Title 29 CHANGE OF CONTRACT PRICE .............................23 14.4-14.7 Review of Applications for 11.1-113 Contract Price-, Claim for Progress Payments ................... 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion ............... 130 the Work.._ ........... ... 23-24 14,10 Partial Util izatiork.. . ......... __ .... 30-31 11A Cost of the Work . ......................... 24-25 14.11 Final Inspection............................ 31 11.5 Exclusions to Cost of the Work .......... 25 14,12 Final Application for Payment 31 11,6 CONTRACTOR's Fee ........................25 14.13-14.14 Final Payment and Acceptance..... 31 11.7 Cost Records ............. ........ .......... 25-26 14.15 Waiver of Claims ...... .......... 31-32 11.8 Cash Allowances ...............................26 119 Unit Price Work ....... .............. ......... 26 15. SUSPENSION OF WORK AND TEFMINATION ...............................................32 CHANGE OF CONTRACT TMS ............................26 IS'l OWNER May Suspend Work ......... .32 12.1 Claim for Adjustment,.._ ... ................ 26 15.21-15.4 OWNER May Terminate._...., 32 12.2 Time of the Essence ..........................26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTORS Work or Terminate,,,,,,,,,,,,,,,,, 32-33 Control 26-27 12.4 Delays Beyond OWNER's and I& DISPUTE RESOLUTION..................................33 CONTRACTOR s Control ;7 17. MISCELLANEOUS , ................ 33 TESTS AND INSPECTIONS; CORRECTION, IT 1 Giving Notice, .... 11 ....... ............... 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Tim es : .......... 13 DEFECHFT: WORK ...**"*Defects,,,,,,,,,,,,,,........................ ... . * ...... ................ 77 173 Notice of Claim ..... ........................ 33 111 Notice of 27 17.4 Cumulative Remedies ...................... 33 13.2 Access to the Work ............. .............. 27 17.5 Professional Fees and Court 13.3 Tests and Inspections; Costs Included- ...................... _33 CONTRACTOR's Cooperation,,....,,, 27 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 13.4 OWNER!s Responsibilities; Intentionally left blank .......................................35 Independent Testing Laboratory ........ 27 13.5 CONTRACTORs EXHIBIT GC -A: (Optional) Responsibilities.._.._......................27 Dispute Resolution Agreement............ ...... _ 0-A] . C 13.6-13.7 Covering Work Prior to Inspec- 16.1-166 Arbitration ............................. GC -Al tion, Testing or Approval ................27 16.7 Mediation,,,,,, -GC -AI EJCDC GENEMAL CONDITIONS 1910.9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9;99) INDEX TO GENT RAL 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 -- Buds and Insurance........................................5,14 defective Work ....................... ....)0.4:1, 13.5, 13.13 final payment.............................-..........9.12, 14.15 insurance.,,.. . ........... .................................... 5.14 other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Items.....................6.7.1 Work by OWNER..............................2.5, 6.30, 6,34 Access to the -- Lands, OWNER and CONTRACTOR Iesponsibilities ................ _...........................4.1 site. related Work .............................................. 7.2 Work,..........................................13.2. 13.14, 14.9 Acts or Omissions--. Acts and Omissions-- CONTRACTOR...................................6.9.1, 9,13.3 EiNGINEER—........ ---- ...................... ....6,20, 9.13.3 OWNER................................................... 6.20, 8.9 Addenda --definition of (also see definition of Specifications) ,....... (1.6. 1.10, 6.19), 1.1 Additional Property Insurances,,,,,........ .................... 5.7 Adjustments — Contract Price or Contract Times,.,, ............ ...... 1.5, 3.5, 4.1, 4.3.2. 4.5.2, ..........................4.5.3, 9.4, 9.5. 10.2-10A. ..................................11. 12, 14.8. 15.1 progress schedule .............................................. 6.6 Agreement -- definition o(......................................................).2 "All -Risk" Insurance, policy form...........................5.6.2 Allowances, Cash ................................................... A1.8 Amending Contract Documents ................................ 3.5 Amendment, Written -- in general................1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 ....................G.8.2, 6.19, 10.1, 10.4, 11.2 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to--. ... ... ..... 9.10, 9.11. 10.4, 16.2. 16.5 Application for Payment -- definition of......................................................1.3 ENTGINEFR's Responsibility...............................9.9 final payment ................. 9.13.4, 9.13.5, 14,12-14-15 in general ..........................2.8, 2.9, 5.6.4. 9.10. 15.5 progress payment ..................................... 14.1-14.7 review of .......... ................ .............. ........... 14.4-14.7 Arbitration.....................................................16.1-16.6 Asbestos -- claims pursuant thereto..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work,,,.......4.5.2 definition of,..... ................................................. 1.4 Article or Paragraph Number OWNER responsibility for.............................4.5.1, 8.10 possible price and times change ,,,,,,,,,,,,,,,,,,_„_.4.5.2 Authorized Variations in Work,,.,,,,,, 3.6, 6.25, 6.27, 9.5 Availability of Lands.. ..... _...._ ...........................4.1. NA Award, Notice of --defined, .... I ................................. 125 Before Starting Construction .............................. 2.5-2,8 Bid --definition of ..... .. ...............1.5 (I.1, 1,10, 2.3, 3.3, ..............------ 4.2.6.4, 6.13, 11.4.3. 11.9,1) Bidding Documents—deftnition of ...............1.6 (6.8.2) Bidding Requirements --definition of......................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 o........................................................ 1.8 delivery of....................................................2.1, 5.1 final Application for Payment ................14.12-14.14 general......................................1.10, 5.1-5.3, 5,13, ........................................9.13, 10.5. 14.7.6 Performance, Payment and Other ....... ............ 5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk "all-risk" policy form .................... _..5.6.2 Cancellation Provisions, Insurance. ........ 5.4.11, 5.8, 5,15 Cash Allowances....................................................11.8 Certificate of Substantial Completion ...... ,1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection ....................13.4, 13.5, 14.12 Certificates of Insurance _._......... 2.7. 5.3. 5.4.11, 5AA3, ........ I ....... ------ A6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances..............................................11.8 claim for price adjustment,.,....,,,,. 4.1, 4.2.6, 4.5. 5.15, 6.8.2, 9A ....... ... , 9.5, 9.11, 10.2, 10.5, 11.2. 13.9. ......................13.13, 13.14, 14-7. 15.1, 15.5 CONTRACTOR's fee. ............... ........ ............... 11.6 Cost of the Work general............................................... 1.7 Exclusions to ................... ............................ I L5 Cost Records ........................... _........................11.7 in general.............1.19. 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricng..........................................11-3.2 Notification of Surety........................................10.5 Scope of, ............. ................... ................... 10.3-10.4 Testing and Inspection. Uncovering the Work.................................13.9 EJCDC GLNERAL CONDITIONS 1910.8 {1990 EDMOM wI CITY OF FORT COLLINS MODISC.AMNS (ltf V 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.], 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, 15.1, 15.5 Contractual time limits....................................12.2 Delays beyond CONTRACTORs control .............. .12.3 Delays beyond OWNER's and CONTRACTOR's control.............................12.4 Notification of surety,___ ............... ............ _10.5 Scope of change........................................10.3-10.4 Change Orders -- Acceptance of Defective Work ... ........ ........ ..._-13.13 Amending Contract Documcnts......................... 3.5 Cash Allowances., ........ I ....... .............. 11.8 Change of Contract Price..,,,,,,......... ...................11 Change of Contract Times...................................12 Changes in the Workk... ......... ........ .......10 CONTRACTOR's fee ...................................... ..11.6 Cost of the Work ......... ................... ..._....... 11,4-11.7 CostRecords...................................................11.7 definition of.......................................................1,9 emergencies .. ......... .............. . ..............0.23 ENGINE^ER'sresponsibility. ,,___,9.8. 10.4, 112. 12.1 execution of.....................................................10.4 Indemnifictiorl .........................0.12, 6.16, 6.31-6,33 Insurance, Bonds and. ..................... 5.10, 5.13, 10.5 OWNER may terminate ... ................ OWNERS Responsibility„ ...........................$.6, 10.4 Physical Conditions— Subsurface and,.. ... .......................................4.2 Underground Facilities..............................4.3.2 Retard Documents..... ... _............................ .... .6.19 Scope of Change...................................,,,10.3-10.4 Substitutes. , ...... .............................. fi.7.3, 6.8.2 Unit Price Work.................................,...........,,11.9 value of Work, covered by.................................11.3 Changes in the Work .......... ...................................... )0 Notification of surety.........................................10.5 OWNERS and CONTRACTORS responsibilities............................................10.4 Right to an adjustment......................................10.2 Scope of change ............................ _.......... 10.3-10.4 Claims-- againstCONTRACTOR ...... .............. ........ ...._..6.16 against ENGINEER ......................................... 6.32 against OWNER...............................................6.32 Change of Contract Price ........................... 9.4, 112 Change of Contract Times .......................... 9.4, 12.1 CONTRACTORs............. 4, 7.1. 9A, 9.5. 9.11. 10.2, .........I.................11.2, 11.9, 12.1, 13.9, 14.8, ..... ..;,.." ...................... ,..... 15. L 15.5, 17.3 CONTRACTOR'sFec--__.,-,.,---- _,11.6 Article or Paragraph Number CONTRACTOR's liability,,,,,,,,,, 5.4, 6.12, 6,16, 6.31 Cast of the Work.........:....,...,......,..11.4, 1 L5 Decisions on Disputes ........................ ....... 9,11, 9.12 Dispute Resolution............................................)6.1 Dispute Resolution Agreement ............._..16.1-16.6 ENGINEER as initial interpretor .......................9.11 Lump Sum Pricing .... ............... .............. ..... ..11.3.2 Noticc of 17.3 OWNER's................... VA, 9.5, 9.11, 10 2, t 1.2, 11.9 ............ ........ ...12.1,13.9,13.13,13.14,17.3 OWNER's liability...............................................5.5 OWNER may refuse to make payment,,,,,,,,,,„,_„.14.7 Professional Fees and Court Costs Included .............._..__.--------- ..........,. ------- 1.7.5 request for formal decision on............................Q.11 Substitute Items, ...................................... _1 ... 6.7,1_2 Time Ex-tension................................................12.1 Time requirements...................................9.11, 12.1 Unit Price Work ....... .................. .......11.9.3 Valueof .............................................. ............ 1.1.3 Waiver of --on Final Payment ................. J4.14, 14,15 Work Change Directive................................10.2 written notice required ,,,,,,,,,,,,,,,,,,,,,,9.11, 11.2, 12.1 Clarifications and Interpretations,, .......... .6.3, 9.4, 9.11 Clean Site _............. ...6.17 Codes of Technical Society, Organization or Association..................................................3.3.3 Commencement of Contract Times 2.3 Communications— general ..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs,,,,,,_..„._„_,_,fj22 Completion — Final Application for Payment.........................14.12 Final Inspection. ........... 14.11 Final Payment and Acceptance_ ........... 14.13-14.14 Partial Utilization 14.10 Substantial Completion_, ........ ......... 138, 14.8-14.9 Waiver of Claims ................................ :...........14.15 Computation of Tim es ... .....-._............. -17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others 6.8-6.11 Conferences -- initially acceptable schedules_,,,,,,,,,,,, ,,;,,,,,--,,,,.. 2.9 preconst ruct ion ................................................... 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 . ... .............................I... 6.29, 10.4 Contract Documents — Amending..........................................................3.5 Bonds ...._ .....,.... 5.1 EJCDC GENMI AL COMMONS 1910-8 (1990 EDMON) w/ aTY OF FORT COU NS MOT)MCA-nON'5 (REV 9199) Cash Allowances,-, ........... ...... ------- .---- ...11.R Article or Paragraph Number Change of Contract Pricq.................................... I I Change of Contract Times ................................ 12 Changes in the Workk.................................10.4-10.5 check and verify ................................................. 2.5 Clarifications and Interpretations, ......................... 3,2, 3.6, 9.4. 9.11 definition of ...................... ............. .....-.....-.-1,10 FNGINEER as initial interpreter of .................. 9,11 F.NGINEFR as OWNER's representative . ............. 9-1 general3 Insurance........_........._..._.._ ................. ..... ..... 5.3 Intent........................................................3.1-3.4 minor variations in the World..............................3.6 OWNER's responsibility to furnish data-------- ----- 83 OWNER's responsibility to make prompt payment ............ .............. $.3, 14.4, 14.13 precedence................................................3.1, 3.3.3 Record Documents ..................... _..................... 6.19 Reference to Standards and Specifications of Technical Societies ................................... 3.3 Related Work......................................................7.2 Reporting and Resolving Discrepancies_....... 2.5, 3.3 Reuse of. ....".......................................33 Supplementing... ... ............................ 3.6 Termination of ENGINEER's Employment..........8.2 Unit Mee Work ............................ ........... ........ L9 variations ......................................... 3.6, 6.23, 6.27 Visits to Site, ENGINEER's_.............._........_._ 9.2 Contract Price — adjustment of ............... 3.5. 4.1, 9.4, 10.3, 11.2-11.3 Changeof.......................................................II Decision on Disputes........................................9.11 definition of.....................................................1.11 Contract Times -- adjustment of ..........................3.5, 4.1, 9.4. 10.3, 12 Change of .............. .................................. 12.1-12.4 Com m encement of .... I ............................. I ..... , . 2-3 definition of............................................I.......1.12 CONTRACTOR — Acceptance of Insurance ........ I..........................5.14 Comm un.ications......................................6.'_, 6.9.2 Continue Work,.......................................6.29, 10A coordination and scheduling............................¢.9.2 definition of.....................................................1.13 Limited Reliance on Technical Data Authorized...-...- ..... ...... .................. 4.2.2 May Stop Work or Terminate............................15.5 provide site access to others ,,,,,,,,,,,,,,,,,,,,,,,1,2, 132 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........................................¢.25 Stop Work requirements...,., ......... ............... CONTRACTOR's— Article or Paragraph Number Compensation., ....... .................. ......... ........ 11.1-11.2 Continuing Obligation, ............................... .... 14.15 Defective Work,.. ............................. 9.6, 13.10-13.I4 Duty to correct defective Work ....... ........ ........... 13-11 Duty to Report -- Changes in the Work caused by F.,.m ergency.................... .--- .:......... ......... .23 Defects in Work of Others..............................7.3 Differing conditions...................................4.2.3 Discrepancy in Documents.,..._„ 2.5, 3.3.2, 6.14.2 C.lnderground Facilities not indicated ........ ,,,4.3.2 Emergencies ............................. _...................... ¢.23 F.quipm cot and Machinery Rental, Cast of the Work...........................................11.4.5.3 Fee --Cost Plus.......................11.4.5-6, 11-5.1, 11.6 General Warranty and Guarantee ......................0.30 Hazard Communication Programs_ .................0.22 Indemnification.._ ..................... .0.12, 6.16, 631-6.33 Inspection of the Work., ........ _ .................. 7.3, 13.4 Labor, Materials and Equipment ....... ............. 6.3-6.5 Laws and Regulations, Compliance by,,,,,,,,.,,. 6.14.1 Liability Insurance .............................................. 5.4 Notice of Intent to Appeal .........................9.10, 10A obligation to perform and complete theWork....................................................0.30 Patent Fees and Royalties, paid for b}................. 6.I2 Performance and Other Bonds ................._-..,.,._, 5.1 Permits, obtained and paid for by. . ............... __O.13 Progress Schedule....._...................2.6. 2.8, 2.9, 6.6, ............ I............._..........,629, 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.,_......................6.29, 10.4 CONTRACTOR's c-,Tcnse...........................¢.7.1 CONTRACTOR's General Warranty and Guarantee... ..... ......... ..... ... ... ..... 630 CONTRACTOR's review prior to Shop Drawing or Sample submittal,,,,,,,,,,,,,,,,, 6.25 Coordination of Work...... .. ...... ..." ............. 6.9.2 Emergencies ............................................... G.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items ......... ................ ....6.7.3 For Acts and Omissions ofOthers........................ .... ¢.9.1-6,9-2, 9.13 for deductible amounts,insurance...................5-9 general........................................6, 7.' 7.3, 8.9 Hazardous Communication Programs..,-,----- 6.22 Indemnification ................................... 6.31-6,33 vii EJCDC. GENERAL CONDITIONS 1910-8 (1990 EDITION) w1 CITY OF FORT COLLINS MODIFICATIONS (RFV 9199) Labor, Materials and Equipment ..... ... 6.3-6.5 Laws and Regulations... . ........... -...... .........6.14 Liability Insurance. ...... .... ... _.... 5.4 Article or Paragraph Dumber Notice of variation from Contract Docum ents ...................... .................... 0.27 Patent Fees and Royalties .......... ................ .„6.12 Permits . ......................................................0.13 Progress Schedule, . ...... .............. _111.1116.6 Record Doc uments.--........_......................... 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— .... I .......... ... ..... ...... 6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples .......... ............ ¢.24 Shop Drawings and Samples Review by EIvGLNTEER......................................6.26 Site Cleanliness .......................... ..............6.17 Submittal Procedures...................................6.25 Substitute Construction Methods and Procedures 67.2 Substitutes and "Or -Equal" Itemg,„ ,,. ,,.,, 6.7.1 Superintendence. .... -.1 .......................... ... 6.2 Supervision...................................................6.1 Survival of Obligatio ris................................6.34 Taxes .........................................................6. 1 5 Tests and Inspections._, , 1.13.5 ToReport.. . ........ ........................ ................. 2.5 Use of Premises 6,16-6.18. 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal......................................_.6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim._....,,,..4, 7.1, 9A, 9.5, 9.11, 10.2,11.2, ... I ... ,119,12.1,13.9,14.8,15.1,15.5,17.3 Safety and Protection,,,,,,,,,,,,,,,,,, 6.20-6.22, 7.2, 13.2 Safety Representative I.I.., ,,,._,,,,_ 6.21 Shop Drawings and Samples Subm ittals .... 6.24-6.28 Special Consultants..,. I ..... .,._....... . _ ...111.4.4 Substitute Construction Methods and Procedures 6.7 Substitutes and "Or -Equal" Items, Expense.,...,,,, ....6.7.1, 6.7.2 Subcontractors, Suppliers and Others.,. ....... 0.8-6.11 Supervision and Superintendence ........6.1, 6.2, 6,21 Taxes, Payment by ..... ....................... 6.15 LJsc of Premises,__-....---.._,,,- .................. 6.16-6.18 Warranties and guarantees, ...... ................. 0.5.6.30 Warranty of `I itle , , 14.3 Written Notice Required -- CONTRACTOR stop Work or terminate ........ 15.5 Reports of Differing Subsurface and Physical Conditions ...................._.A.2.3 Substantial Completion—- ... .................... 14.8 CONTRACTORS -other ........ .. ..... . .......... 7 Contractual Liability Insurance.... 5AA0 Contractual Time Limits- ......... ....... I- .....I...........12.2 Article or Paragraph Number Coordination— CONFRACTOR's responsibility ........................ b9.2 Copies of Documents ............................................... 2.2 Correction Period..................................................j3.12 Correction, Removal or Acceptance ofDofective Work-- in general,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,10.4.1, 13.10-13.14 Acceptance of Defective Work ,,,,,,,,,;,,,,13.13 Correction or Removal of Defective Work,,,,,,,,, .6.30, 13.11 Correction Period, ............ ........................ ..... 113.12 OWNER May Correct Tefecthe Work . .... ... . . . . . 13.14 OWNER May Stop Work.................................13.10 Cast-- of Tests and Inspections.....................................13.4 Records 11.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts__,,,_................................ „1L4.2 CONFRACTOR's Fee 11.6 Employee Expenses. ........... ............ 11.4.5.1 Exclusions to ....................................................11 5 General 11.4-11.5 F1ome office and overhead expenses,,,,,,,,,,,,,,,,,,,,1 I.5 Losses and damages,,,,,,,,,,,,, Materials and equipment.,,_,,,,,,,, ..................... 11.4.2 Minor expenses...........................................11.4.5.8 Payroll costs on changes.................................11.4.1 performed by Subcontractors............................11.4.3 Records]1-7 Rentals of construction equipment and machinery .... ........ ._ ....................... 11A.5.3 Royalty payments, permits and Ilcense fees. . . ..... I .... I ......... 1.4.5.5 Site office and temporary facilities. _.,............ 1L4,5.2 Special Consultants, CONTRACTOR'S ...........11 A.4 Supplemental... ..................................... .......J 1.4.5 Taxes related to the Work ............................... 11,4.5.4 Tests and Inspection,,,,,,,,,, _„ 13.4 Trade Discounts,,,, ,, ,, .............................. 11.4.2 Utilities, fuel and sanitary facilities„-..........,11.4.5.7 Work after regular hours ................. 11.4.1 Covering Work .... .......................................... 13.6-13.7 Cum ulativc Remedies 17.4-17.5 Cutting, fitting and patching,,,,,,,,,,,,,,,,,,,, , 7.2 Data, to be furnished by OWNER ............................. X 3 Day -definition of................................................17.2.2 Decisions on Disputes .................................... 931, 9.12 defective --definition of...........................................1.14 defective Work -- Acceptance of .......................... ........... .10.4.I, 13.13 EJCDC GENERAL CONINTIONS 1910.8 (1990 EDMON) w/ CITY OF FORT COLUNS MODIFICATIONS (RFV 9/99) Correction or Removal of_.---_-,.-_.---_--,.J0.4.1, 13.11 Correction Period .............................._............. 13.12 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.........._....._....................33.8 Definitions........................................... ............ ......... I Delays......................................4.1, 6.29, 12.3-12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance •........................... 2.7 Determinations for Unit Price*_ ............................. 9.10 Differing Subsurface or Physical Conditions -- Notice of ............ .............. ........... A.2.3 ENGINEER's Review......................................4.2.4 Possible Contract Documents Change ............... .15 Possible Price and Times Adjustments.....,.•,,.,, .2.6 Discrepancies -Reporting and Resolving--...............................2.5. 3.3.2, 6,14.2 Dispute Resolution— Agreement................................................16.1-16.6 Arbitration................,...............................16.1-16.5 general16 Mediation.........................................................16.6 Dispute Resolution Agreement ................ ......... 1.6.1-16.6 Disputes, Recisions by ENGINEER ...................9.11-9.12 Documents -- Copiesof.. ........... _ ....... ........................... ..... 2.2 Record 6.19 Reuseof ............................................................�3 Drawings --definition of :.................. ..... ......J.15 Easements.............................................................4.1 Effective date of Agreement — definition of .............J,16 Emergencies............... .:.............-_.........._.... _....._... 6.23 ENGINEER— as initial interpreter on disputes ......... ...... 9.11-9.12 definition of.....................................................1.17 Limitations on authority and responsibilities •,••, 9.13 Replacement of.... ............................................ 8.2 Resident Project Representative,.. . ........ ......... __93 ENGINEERS Consultant -- definition of ..................1.18 ENGINEER's-- authority and responsibility, limitations oi)........ 9.13 Authorizers Variations in the Work ..................... 9.5 Change Orders, responsibility fop:...... 9.7, 10, 11, 12 Clarifications and interpretations ... .......... .3,6.3, 9.4 Decisions of Disputes ............................... defective Work, notice of.. I I ............ ..... ....... 1113.1 Evaluation of Substitute Items•,,,,,,,,,,,,,,,••„ . 0.7.3 Liability ................................................... ¢.32, 9.12 Notice Work is Acceptable..............................14.13 Observations ...................... ..................... ¢.30,2, 9.2 OWNER's Representative--_..-.-._- ..,.9.1 Payments to the CONTRACTOR, Responsibility for .................................... Recommendation of Payment .................... 14.4, 14.13 Article or Paragraph. Number Responsibilities --Limitations om•. _ _..........9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions..............................4..2.4 Shop Drawings and Samples. review responsibility .................... . ............,6.26 Status During Construction -- authorized variations in the Work, . ......... _ .... 9.5 Clarifications and Interpretations ..................9.4 Decisions an Disputes .......................... 9.11-9.12 Determinations on Unit Price.....................9.10 ENGINEER as Initial Interpreter.,_---_ 9.11-9.12 FNGINEF,R's Responsibilities ................ 9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities .............................. 9.13 OWNER's Representative .............................. 9.1 Project Representative ............ ....................... 93 Rejecting Defective Work................................6 Shop Drawings, Change Orders and Payments.,.... ........................... _9.7-9.9 Visits to Site,.. .....9.2 Unit Price determinations.................................9.10 Visits to Site............ . ................................. ....... 9,2 Written consent required... ........................... :7.2, 9.1 Equipment, Labor, Materials an4 ........................6.3-6.5 Equipment rental, Cost of the Work..................11.4.5.3 Equivalent Materials and Equipment ................ ........ 4%7 error or omissions .................................................. 0.33 Evidence of Financial Arrangements..................... ,13.11 Explorations of physical conditions ........................4.2.1 Fee, CONTRACTOR's--Costs Plus ..........................11.6 Field Order — definition of .....................................................J.19 issued by ENGINEER ................................ 3.6.1, 9.5 Final Application for Payment••,,, •„•„_•...• .............14.12 Final Inspection ................... ................................ J 4.11 Final Payment — and Acceptance:-_ ......... .............. ...... 14.13-14.14 Prior to, for cash allovances...............................11.8 General Provisions.... ......................... ............ 17.3-17.4 General Requirements — definition of.....................................................1.20 principal references tq.............. 2.6. 6.4. 6,6-6.7. 6,24 Giving Noticc.........................................................17.1 Guarantee of Work —by CONTRACTOR ........ 6.30, 14.12 Hazard Communication Programs ...... ...................6.22 Hazardous Waste — definition of.....................................................1.21 general•............................................................4.5 OWNEWs responsibility for..............................8.10 EJCDC.`. OLNE7tAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification..,- 6.12 6.16, 6-31-6.33 Initially Acceptable Schcdulc:._............. .................2.9 Inspection-- Certificatesof..... 9.13.4. 13.5, 1412 Final.,..,......................................................14.11 Article or Paragraph Number Special, required byENGINEER ......................... 9.6 Tests and Approval., ........................... $,7, 133-13.4 Insurance -- Acceptance of, by OWNER...............................5.14 Additional, required by changes in the Work.-- ....... I .... ........ ........ Before starting the Work.....................................2.7 Bonds and --in general..........................................5 Cancellation Provisions ... ......... I ................ :....... .8 Certificates of .............. 2.7, 5, 5.3, 5.4.11., 5.4.13, ,.,,.... I ..... ....... ..5,6.5, 5.8, 5.14, 9,13.4, 14.12 completed operations.....................................5A.13 CONTRACTOR's Liability..................................5.4 CONTRACTOWs objection to coverage,,,,,,,,,,,,, 5,14 Contractual Liability ..... .....:.................... ....... 5.4.10 deductible amounts, CONTRACTOR's responsibility ................................................5.9 Final Application for Payment .........................14.12 Licensed Insurers...............................................5.3 Notice requirements, material changes ........ 5.8, 10.5 Option to Replace-........................................5.14 other special insurances....................................5.10 OWNER as fiduciary for insureds ........... _5,12-5.13 OWNER's Liability...__.................................5.5 OWNERs Responsibility ...... ............... ............... .8.5 Partial Utilization. Property Insurancq........ I—... 5.15 Property ..................... ...... .. .............5,6-5.10 Receipt and Application of Insurance Proceeds .......................... . ................... 5,12-5.13 Special Insurance ........................... 5.10 Waiver of Rights..............................................5.11 Intent of Contract Documents .............................. 3.1-3.4 Interpretations and Clarifications„ 3.6.3, 9.4 Investigations of physical conditions ...... I ............ . ..... 4.2 Labor, Materials and Equipment.........................¢.3-6;5 Lands -- and Easements 8.4 Availability of ........ ............ ......................... ,1.1. 8.4 Reports and 'rests, ............... .................. ........... $.4 Laws and Regulations --Laws or Regulations -- Bonds............ ........................................ ....5,1-0.2 Changes in the Work. ............... ........................10.4 Contract Documents .................. 3.1 CONTRACTOR's Responsibilities .....................6.14 Correction Period, dt� ecrive Work .................... j3.12 Cost of the Work, taxes11.4.5.4 definition of.....................::..........:.:........_........1.22 gencral6.14 Indemnification ........... ............. ___ ...... 6.31-6.33 Insurance-.. ..... .................. ......... ....................... .3 Precedence..:.....:.........:...........__._..............3,1, 3.3.3 Reference to....................................................� 3.1 Safety and Protection................................6.20, 13.2 Subcontractors, Suppliers and Others ,,,,,,,,,..6.8-6.11 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 OWNERs5.5 .......................................................... Licensed Sureties and Insurers ................................. 5.3 Liens -- Application for Progress PaymtenL .......................14.2 CONTRACfOR's Warranty of Title .................. .14.3 Final Application for Payment .........................14.12 definition of .....................................................1, 23 Waiver of Claims...................„__.,...,.,,,,,....,.,._14.15 Limitations on ENGINEER's 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 ................ 3.33.1 Reference to in Contract Documen4.................. 3.3.1 Materials and equipment -- furnished by CONTRACTOR ....... ........................ .3 not incorporated in Work...................................14.2 Materials or equipment --equivalent ...........................0.7 Mediation (Optional) .. ... ...... ..........................36.7 Milestones --definition o(........................................1.24 Miscellaneous -- Computation of Times.......................................17.? Cumulative Remedies ..... ............ .................... ...17.4 Giving Notice....................................................17.1 Notice of Claim .......................... 17.3 Professional Fees and Court Costs Included ......... 17.5 Multi -prime contracts ................... Not Shown or Indicated 4.3.2 Notice of -- Acceptability of Project.....................................14.I3 Award, definition of,,,,,,,,,,,,,,,,......... .......... ..... 1.25 Claim............................................................a7.3 Defects.13.1 I)iftcring Subsurface or Physical Conditions_.,,..4.2.3 Giving .............................. 17.1 Tests and Inspections. I ...... I ............... ................ 133 Variation, Shop Drawing and Samply.................6.27 Notice to Proceed -- definition o(, 1.26 giving of........ ....... ..............................., .............2.3 L)CDC GEENLRAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLTNS MODInCATTONS (RFV 9199) Notification to Surety. ... ..... .............. ___ ............ ... 10.5 Observations, by ENGINEER.__ ............ ...... _.30, 9.2 Occupancy of the Work ................... 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR . ............... 0-9.9.13 Open Peril policy form, Insurance ..........................5.6.2 Option to Replace ............... ...................................5. 14 Article or Paragraph Number "Or Equal" Items ......................................................5.7 Other work 7 Overtime Work —prohibition of„-„ ....................:....... 6.3 OWNER -- Acceptance of defective Work ........................... 13.13 appoint an ENGINEER ...................................... 8.2 as fiduciary ..... ......................................... 5.12-5.13 Availability of Lands, responsibility,,,,,,,,,,,,,,,,,,,, 4.1 definition of ............................................. ....... 1.27 data, furnish ------- ................ $3 May Correct Defective Work ............................ 13.14 May refuse to make paymen[.............................14.7 May Stop the Work........................................ 1310 May Suspend Work-, Terminate _ ... _ ........ $.8.13.10. 15-1-15A Payment, make prompt ..................... $3,14.4,14.13 performance of other work ........... I ... 1. .... I ............ 7-1 permits and licenses, requirements ...................6.13 purchased insurance requirements,,,,,,,,,,,,,, 5.6-5.10 OW1,MR!s-- Acceptance of the Worl.............................. 0.30.2.5 Change Orders, obligation to execv# ......... $.6, 1 0A Communicationsi ............................................... 8.1 Coordination of the Work ................................... 7.4 Disputes, request for decision ............................ 9Al Inspections, tests and approval;..................83, 13.4 Liability Insurance..............................................5.5 Notice of Defects ..............................................13.1 Representative --During Construction, H-NGINEFRs Status. ... ......... .............. 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material, ............... ?.10 Change Orders ..................... ....................... 8.6 Changes in the Work ........... ............ _ J0.1 communications .................. 8.1 CONTRACTORS j csponsibilities .................. 8.9 evidence of financial arrangementg .............. $AI inspections. tests and approvals..................... 93 insurance...................................................... $5 lands and easements,,,,,,,.,„ ............... .......... SA prompt payment b� -............................I -- ....... 8.3 replacement of ENGINEER ........................... $2 reports and tests ............................................ * .... i * .... * ..... *"*** ....... *'*** 8-4 stop or suspend Work ............... _ $1, 13.10, 15.1 terminate CONTRACTORs services .......................................... 8.8, 15.2 separate representative at sit; ............................93 testing, independent.._....,____,.., .. ------- I ........ 13.4 use or occupancy of the Woik .......... . 6.30.2.4. 14.10 written consent or approval required .........................................9.1, 6.3, 11.4 xi UCDC GLNERAL CONDITIONS 1910 -8 (1990 EDITION? w/ CITY OF FORT COLLINS MODIFTCATTORS (RFV 9/99) Article or Paragraph Number written notice required'. ........... ........... 7- 1 , 9.4. 9.11. 11.2, 11.9, 14.7, 15.4 PCBs-- dcfinition of .......................... ...... ........ ........... ...1.29 general..............................................................4. 5 OWNER's responsibility for,,,,,,;,,,,,,,,;,,,;, ,,, 8.10 Partial Utilization -- definition of....................................................:128 general6.30.2.4, 14.10 Property insurance............ ..........:.......... ........5,15 Patent Fees and Royalties ....................................... 6,12 Payment Bonds, _ _ _ . ...................... ........ ........ 5.1-5.2 Payments, Recommendation of._-, ........ 14.4-IA7, 14.13 Payments to CONTRACTOR and Completion — Application for ProgressNyments ......................)4.2 CONTRACTOR's Warranty of Title.................14.3 Final Application for Payment ........................)4.12 Final Inspection..............................................14.11 Final Payment and Acceptance ............... 14.13-14.14 general........................................................ 8.3, 14 Partial Utilization ....................:......... ..............14-10 Retainage ............................... ...14.2 Review of Applications for Progress Payments ......................... ......14.4-14-7 prompt payment ........................................ IS• Schedule of Values............................................14.1 Substantial Completion.....................___.._-14.8-14.9 Waiver of Claims ............................... 14.15 when payments due.................................14.4, 14.13 w•ithholdingpayment t-_ -.-_..__..-- ...14.7 Performance Bonds............................................5.1-5.2 Permits 6.13 Petroleum -- definition of., ... ....................... . ...................... 1.30 general........................ ......................................4.5 OWNER's responsibility for...............................8.10 Physical Conditions -- Drawings of in or relating to,,,,,,,,,,,,,,,„ ...4.2.1.2 ENGINEER's review.., ...................................... 4.2A existing structures.............................................4.2.2 genera 14.2.1,2.-..... ............. Notice of Differing Subsurface or.......................4.2.3 Possible Contract Documents Change,,,,,,,,,,,,,, 1.2.5 Possible Price and Times Adjustment$ ... ,,,, ._ 4.2.6 Reports and Drawings ........................ 4.11 Subsurface and....................................................4.2 Subsurface Conditions..................._..............4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4,2.2 Underground Facilities-- general........................................................ 4-3 Not Shown or Indicaed.............................. Protection of.........................................4.3, 6.20 Article or Paragraph Number Shown or Tndicated..................... .... *..................... 4.3.1 Technical Data................................................ 4.2.2 Preconstruction Conference,,,.,,,,, , , 18 Preliminary Matters,,,,,,,,,,,,,,,,,, ....... ......................... ... 2 Preliminary Schedules..............................................2.6 Premises, Use of ............................. .:............... 6.16-6.18 Price, Change of Contract., 1 Price, Contract --definition of .................................. L11 Progress Payment, Applications for ..........................14.2 Progress Payment--retainagc...................................14.2 Progress schedule, CONTRACTOR's,........... ?.6, 2.8, 2.9, ............................... 6.6, 6.29, 10.4, I5.2.1 Project --definition of, ...... ......................... .......... 1.31 Project Representative— GNGINEER's Status During Construction......_... 9.3 Project Representative, Resident --definition of -_- -11.33 prompt payment by OWNER.....................................8.3 Property Insurance_ Additional ................................. 5.7 gencra15.6-5.10 Partial Utilization ... ............ .------- _....-...5,15, 14.10.2 receipt and application of proccedq............5.12-5.13 Protection, Safety and..............................0.20-6.21, 13.2 Punch list................................14.i1 Radioactive Material_ defintion of................:.......................:............1.32 genera14.5 OWNER's responsibility for ..... ......................... $.10 Recommendation of Payment,,,,,,,,••,•„„ 14.A, 14.5, 14A3 Record Documents.......................................6,19, 14.12 Records, procedures for maintaining, ..................... _.2.8 Reference Points ..................................................... 4.4 Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and(or)..................................... 6,14 Rejecting Defective Work ...... .................. ............ .--- 9.b Related Work -- atSite........................................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,,,,,,,,, 6.28 Remedies, cumulative .... ....... ......... ................. 17.4, 17.5 Removal or Corrcction ofDofective Work................1111 rental agreements, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER, by OWNER.................._9.2 Reporting and Resolving Discrepancies ................................. 2.5, 3.3.2. 6,14.2 Reports -- and Drawings., ........ ............ .......4,11 and Tests. OWNFRs responsibility ....................8A Resident and Project Representative -- definition of.., ........................ .................. ...... J,33 provision for............................................................9.3 xii Eiew GENERAL CONmioNS 1910-5 (19w EDITION) cal CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number Resident Superintendent, CONTRACTOR'$ ............... 6.2 Responsibilities— CONTRACTOR's-in general .................................. 6 ENGINEER's-in general ....................... .........'. .9 Limitations on.............................................9.13 OWNER's-in general ............................................ 8 Retainage............................................................14.2 Reuse of Documents ... ..... ............ ................ ........... -. 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal_.......................0.25 Review of Applications for Progress Payments.. ............................... ... 14.4-14.7 Right to an adjustment...........................................10.2 Rights of W'ay..---- I ......... .... 4.1 Royalties, Patent Fees and......................................6.12 Safe Structural Loading ......................... .....6,19 Safety -- and Protection. ..._..._......................4.32, 6.16, 6.18, __.---.. _..._................:6.206.21, 7.2. 132 general .... ............................ ..................... 6.20-6.23 Representative, COATTRACTOR's.......................0.21 Samples— definition of_ . ......................... .............. 1104 general.................................................... 6.24-6.28 Review by CONTRACTOR..........................._...6.25 Review by ENGINEER..............................6.26, 6.27 related Work.....................................................6.28 submittal of ...............................................6.24.2 submittal procedures.........................................0.25 Schedule of progress.............................2.6. 2.8-2.9, 6.6, ......... .............6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................Z6, 2.8-2.9, 6.24-6.28 Schedule of Values----------------„--,,,,-,---- 2.8-2.9, t4.1 Schedules -- Adherence to............,.....................................15-2.1 Adjusting. _ _..................... .............................. . Change of Contract Times...............................„10A 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, and ..... ------------------- -... ....._.....9.7-9.9 definition of......................................................1.35 ENGINERR's approval of .................. ................ 3-6.2 ENGINEER's responsibility for review. ............................ 9.7, 6.24-6.28 related Work.._.................................................6.28 review procedures .............................. 2.8, 6.24-6.28 Article or Paragraph Number submittal required ..................................... _......6.24.1 Submittal Procedures..... .......... ......... ............... 6.25 use to approve substitutions .........................„ Shown or Indicated ......... ...................................... 4.3,1 Site Access .................................. ............ ........ 7.2, 13.2 Site Cleanliness..................................................... 6.17 Site, Visits to -- by ENGINEER .......................................... 9.2, 13.2 byothers... .................................................... _13.2 `special causes of loss" policy form, insurance ....................................................... 5.6.2 definition of, .... ...... ..................... ....... ... 06 Specifications— defination of ....... ............................ ................. 1-36 of'fechnical Societies, reference tp.................. 3.3.1 precedence .....................................................: 3. 3.3 Standards and Specifications of Technical Societies ....................................... 3.3 Starting Construction, Before..............................2.5-2.8 Starting the Work ............. ....................... ...........2.4 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER............_......................8.9, 13.10, 15.1 Storage of materials and equipment ......... ......... _4.1. 7.2 Structural Loading, Safety. ...................................... 6.18 Subcontractor-- Concerning . ............................................... ¢. 8-6.11 definition of. ............................................. I I.J.37 delays..... ... .......................... .........................12-3 waiver of rights ................ ......,...... ___ .......... 6.11 Subcontractors --in general.. .................... _ ......... 6.8-6.11 Subcontracts --required provisions.,.._._. 5 11, 6.11, 11.4.3 Submittals — Applications for Payment..................................14.2 Maintenance and Operation Manuals.... ........... 14,12 Procedures.......................................................6.25 Progress Schedules .. .... ........ 1.-.....,.1............. 2.6, 2.9 Samples ........... _......................................6.24-6.28 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............................6.302.3, 14.8-14.9 definition of ...... ............................................... 1-38 Substitute Construction Methods or Procedures..,.,., 6.7.2 Substitutes and "Or Equal" Items._„ ...... ............___-,.63 CONTRACTOR's Expense...........................b3.1.3 ENGINEER's Evaluation...............................6.7.3 "Or-Equal".............................................,.....6.7.1.I Substitute Construction Methods xiii EKW OLNERAL CONDITIONS 1910.8 (1990 EDITION) wl CITY OF FORT COLLIES MODIFICATIONS (REV 9199) 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 Article or Paragraph Number or Procedures 6.7.2 Substitute Items 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relathg to,.....,,, .............. 4.2.1.2 ENGINEER's 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—— --- - 1 ...... ...... ....... 4:2,1.2 Possible Contract Documents Change ............... 4.2.5 Possible Price and T im es Adjustments ............... 4.2.6 Reports and Drawings_..,,._.,,--._---_. . .... .........4.2.1 Subsurface and ....................................................4.2 Subsurface Conditions at the Site ................... Technical Data... .... ............................ ...... 4.2.2 Supervision— CONTRACTORs responsibility ......................... _0� I OWNER shall not supervisq ...... ......................... 8.9 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2,9.13,2 Superintendence .. ............ ............. . .... ... ...1. 62 Superintendent, CNTRAORsrst,.. ..00Teiden.' ..........6.2 Supplemental Losts.............................................. 1. 4.5 Supplementary Conditions -- definition of, .....................................................1.39 principal references tq ................. ). 10, 1. 18, 12, 23, ............ . 1. _+2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, ... 1. . -5.11, 6.8, & 13, 7.4, 9.11, 9.3. 9.10 Supplementing Contract Documents ...................... _�.6 Supplier -- definition of ......................................................1.40 principal references t(? ........... 3.7, 6.5, 68-6.11, 6.20, _ .1- ....... 11 ......... . ....... 6,24, 9.13,14.12 Waiver of Rights...............................................6.11 Surety -- consent to final payment ................... ... j4.12, 1414 FNGTNFFR has no duty ttl ................................ 9,13 Notification of 10.1. ..... 10.5.151 qualification of _ ................. ................... ...... 5.1 -53 Survival of0bligations ............................... ............ 6.34 Suspend Work, OWNER May ................ _13.10,15.1 Suspension of Work and Termination .......... ............ 15 CONTRACTOR May Stop Work or Terminate......._...................................... 15.5 OWNER May Suspend Work .......... ........... .... _15.1 OWNER May Terminate...1.1....1... I ... _ ...... 15.2-15A Taxes —Payment by CONTRACTOR ......................... 6A5 Technical Data -- Limited Reliance by CONTRACTOR .... ........ .4,2,2 Possible Price and Times Adjustmenvi..............A16 Reports of Differing Subsurface and Physical Conditions...,.._........_....._..._ ......4.2.3 xiv Temporary construction faci I itics --------- ............... Al Article or Paragraph Number Termination -- by CONTRACTOR ............. __ ...... ...... _ .... 15-5 by OWNER ........................................ 8.8, 15.1-15A of EINGINEERs employment,,,,,,......................... 1.2 Suspension of Work-in general .............................. 15 Terms and Adjectives ..............................................3.4 Tests and Inspections -- Access to the Work, byothers ..........................13.2 CONTRACTOR!s re-q)onsibditic ......................13.5 cost of 13.4 covering Work prior to ...... ........ ............... J3.6-13.7 Laws and Regulations (or) ................................ 13.5 Notice of Defects,_ ...... ........ _ ....... _ ................ 13A OWNER May Stop Work ........ ___ ..... _ -------- .13,10 OWNER's independent testing ..........................13.4 special, required by HNGINERK.,,......................9.6 timely notice required ............. I ......................... 134 Uncovering the Work, at ENGIN='s request-. ............ ................. ............. J18-13.9 Times-- Adjusting........................................................... 6.6 Change of Contract.,...,, *--- ... * ....... *** ...... * ... * ... 12 Computation of... ....... 1-1..." ........ ....... ......... . 17.2 Contract Times --definition of..........................J.12 day.......................................................17 .. .2.2 Milestones )2 Requirements -- appeals..........., ......... ....... .............. . 9.10,16 clarifications, claims and disputes, ...... _ ........ 9.11, 11.2, 12 Commencement of Contract Times,,,,,,,, ,,,,,_:2.3 Preconstruction Conference .......................... r.S schedules .............. .......... _._ ......... 16, 2.9, 6,6 Starting the Work.........._................... I .... ... 12.4 Title, Warranty of ........ ........ ........................ _ ...... 14.3 Uncovering Work ............................ ............ _13.8-13.9 Underground Facilities, Physical Conditions — definition oF _1.41 Not Shown cr Indicated__ ............... .......... 4,12 protection of..............................................4.3, 620 Shown or Indicated 4.31.1 Unit Price Work -- claims definition of ....................................................1.42 generall L9, 14.1. 14.5 Unit Prices— gencrall 1.3.1 Determination far-- ... -1.111 .......... ............... 9,10 Use of Pr em ises ......... ....................... 6,16, 6.18, 630.2.4 Lhility owners ...................... _ _ §. 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 .......................................... J 1.3 Values, Schedule of.,-,., .... I ........ ...... �A 2.8-2.9, 14.1 EJCDC GENLMAL CONDITIONS 1910-S (1990 EDITION) wt CT TX OF FORT COLLM, MODIFICATIONS (REV 9M) Variations in Work --Minor Authorized ...... ....................... ............ •25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER .................................... 9.2 Waiver of Claims --on FinalPayment ................. ...•14.15 Waiver of Rights by insured parties,.„..............5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR ............................................... 0.30 Warranty of Title, CONTRACTORS ...............•........14.3 Work -- Accessto..........................................................1.3.2 byothers.............................................................. 7 Changesin the.....................................................10 Continuing the,, ..................... ........................ _0.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of .................... ..... ........ ..._............ . 7.4 Cost of the.................................................11.4-11.5 definition of.............................,.......................1.43 neglected by CONTRACTOR............................13.14 otherWork............................................................7 OWNER May Stop Work.................................13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Site.....................................7.1-7.3 Startingthe,.......................................................2-4 Stopping by CONTRACTOR .................. ...........1,5.5 Stopping by OWNER .............. ...................15.1-15.4 Variation and deviation authorized, minor.......,,_.3.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of ....................... --............. 1.44 principal references to.•,,,,,,,,,,,,,,,,,,,,3.5.3, 10.1-10.2 Written Amendment-- definition of._._..._...........................................1.45 principal references to... -„•,.......IA 3.5.5.10,15.12, ............I............6.6.2, 6.8.2, 6.19, 10.1, 10.4, _._.........._11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations,., ........... ................... 1.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR............................7.1, 9.10-9.11, ..... .............. ......._..... ...... 10.4, 11.2, 12.1 by OWN&R.................... 9.10.9.11, 10.4, 11.2, 13.14 av EJCDC'. GLNERAI. CONDITIONS 1910 -8 (1990 EDl LION) wi CITY OF PORT COLLINS MODIFICATIONS (REV 9199) (This page left blank intentionally) xri EICDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) GENERAL CONDITIONS ARTICLE 11—DUTNITIONS 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: I J. Addenda--Alritten or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1 2 Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performaL other Contract Documents are attached to the Agrcanent and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by ENG1NE.ER which is to he used by CONTRACTOR in requesting progress or final payments and which is to he accompanied by such supporting documentation as is required by the Contract Documents. 1 A. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bich -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Biddirnp Doctmienis—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. I.S. Bonin —Performance and Payment bonds and other instruments of security. 19. Change Order -A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition. deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, f%ddenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Procced, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EXIK OENEF AL CONDITIONS 1910-8 (1990 Edition) wf CI IY OF FORT COLLINS MODIFICATIONS (REV 412000) saute are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINTEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 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 4.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.9.1 in the case of Unit Price Walt). 1.12. Conlracl 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 finial payment in accordance with paragraph 14.13. 1.13. COMRACTOR--The person, firm or corporation with whom OWNER has entered into thc 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 the Agmernent—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 List of the two parties to sign and deliver. 1.17. ENGMER—The person, firm or corporation named as such in the Agreement. 1.18. E?VL;IArEER's Consullant- .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 Oster —A written order issued by ENGINEER which orders minor changes in the Work in accordance with Paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1,20, General Requirements —Sections of Division 1 of the Specifications. 121. Hazardous Waste —The term Ilazardous 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. 1.22.a. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having j urisdGction 1221. Legal Ho&drrts— shall be those holidays observed by the City of Fort Collins. 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of,4 vard 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 Agreement. 126_ Notice to Proceed --A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTORS obligations undo the Contract Documents. 1.27, ORMER—The public body or authority, corporation association, fin or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose fir 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-lIazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Nnergy Act of EJCUC GENS AL COMMONS 191" (1990 Edition) wt CITY OF FORT COLLINS MODIFICATIONS (17EV 420Ua) 1954 (42 USC Section 2011 et seq.) as attended from time to time. 1.32.b. Re_Vdar W orkirte Hours —Regular working hours are defined as 7:00am to 6:00M 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 portion 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 --Art individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of 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 part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGTNEER's written recommendation of final payment in accordance with paragraph 14.13. The terns "sub tantially 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 manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Undergrozrrrd Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to fumish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal. traffic yr other control sysKems or water. 1.42 Urrtt Price WoAk Work to be paid for on the basis of unit prices. 1.43. Work --The entire completed construction or the various separately identifiable }rafts 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 fumuhing services and furnishing documents, all as required by the Contract Documents. 1.44. WoAk Change Directive -A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNF;R 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 pamgmph4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. 101tien ,4m,?n& mnt- 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 nonengincering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2-PRELIMINARY MATTERS Delivery of Bonds: 2A. 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 ofDoeurr:ents: 2? OW NMR shall 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. Commence»rent of Contract Times, Notice toPYoceert• 2.3. The Contract Times will commence to run on thk thirtieth day after the Effective Date of the Agreement, or, EJCDC OENER hL CONDITIONS 191" (1990 Ecktiat) w/ C I TY OF FORT COLLINS MODIFICATIONS OLEV 4R000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time withQt thirty da)5 after the Effective Date of the Agreement—r ,.:n th. C-Ew _,.,.. ;:ifn of Rid opening or the thirtieth day after-the-$tfeetive Nate of the Agreemernti-whichever date is earlier. Starting the Work: 2A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Startytg Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to FNGINEER arty conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from F,NGiNF.ER before proceeding with any Work affected thereby; however, CONfRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6 Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements). CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents: 2.6.2, a preliminary schedule of Shop Drawing and Sample submittals 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 accelgable 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 G? Wilgi shall eeeh deliver to the other OWNER. with copies to identi€ted-in-t ENGINEER certificates of insurance (and other evidence of insurance roes ,all rnt{ttast requested by OWNER) which CONTRACTOR _ is required to purchase and maintain in accordance with paragraphs 5:4--5,&and -5.4. 1wconstruction 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 pnmgraph 2.6, procedures for handling Shop Drawings and other submittals procxssing applications for Payment and maintaining required records. lnitialltr Acceptable Schedules• 2.9, Unless otherwise provided in the Contract Documents, A leis t ..days r., i4e gkib..i.sim of the r._� Application for -F?a ant before any work at the site begins a conference attended by CONTRACTOR, ENGINEER and others as t foprta€e designated by OWNFR, will be held to review or acceptability to ENGfNEFR as provided below the schedules submitted in accordance with patagraph2.6. 1g701YislA?3 I � ela __ ja_kMe.Dts. CONTRACTOR shall have an additional tart days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to F,NGINEFR as providing an orderly progression of the Work to completion within any specified Milestones and the Contma Times, but such acceptance will neither impose on ENGLN'EER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTORS full responsibility therefor. CONTRACTOWs schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR'S schedule of values will be acceptable to ENGL LEER as to form and substance. ARTICLE 3--CONTRACT DMU TENTS: INTENT, AAiENDING, REUSE Intent: 3.1, The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to VCDC GENERAL CONDITIONS 1910-9 (1990 Edition) W1 CTtY OF FORT COLLINS MODIFICATIONS (REV dl1000} describe a functionally complete Project (or part thereof) to be amslructed 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 firnished 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 SYandards 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 he specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. 1i during the performance of the Work. CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in %Titing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall net 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 indianted in paragraph 3.5 or 3.6. the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and. 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.33 2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subecxltractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any ofENGINF.ER'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 undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like of(ect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contmct Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indictiting otherwise). The use of any such term or adjective shall not be effective to assign to ENGMER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amen&ng 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 terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Am endment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or VCDC Ot NERAL CONDITIONS 1910-8 (1990 etdtim) w/ CITY OF FORT COLLINS MODIFICATIONS ftN 412000) 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 mind variations and deviations in the Work may be authorized, in one or more of the following way-s: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse ofDocumentr. 3.7. CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or FNGTNTF,ER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by FNGrNFER. ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Aswilability afLands: 4.1. OWNER shall famish, 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 upon reasonable written guest; GWINER �'3nu-!i— ufflf3i CONTRACTOR CTO With n cb�iw statement �€-record,iepl-title-and-legal-descript of -the Icunds--upon--which-tho-Work-+s- -to --1-peaformerl -and 9W Its initresttherein as -necessary for giving -notice o€-t� ��-e--trteeherti¢'s -fir ngarttst---such-lands-in -ions OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNEWs furnishing these lands, rights -of - way or easements. CONTRACTOR may make a claim therefor as provided in Artiefes 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 and Physical Conditions• 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 subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized thy, ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CON'I'RAC701? Authorized. - Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings arc not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGMEERI's Consultant-, with respect to: 4.2.11. the completeness of such reports and drawing-, for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.22.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 42.3.1. is of such a nature as to establish that any 'technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 42.1 and 4.2.2 is materially inaccurate, or 42.3.2. is of such a nature as to require a change in the Contract Documents, or 4 ? 3.3. differs materially from that shown or VCDC GENE2tAL CONDITIONS 191" t M Edition) wi CI'1Y OF FORT' COI.LINS MODIFICATIONS (I21 V 4n000) indicated in the Contract Documents, or 42.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23� notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. E.? GINEER's Review: INGiNEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINFFR's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of s 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 Timer At ustmentr.• 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 4.23.4, inclusive; 4.2.62. 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; 42.6.3. with respect to Work that is raid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and l 1.9; 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 Contact Times 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 any examination, investigation, exploratien, 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 CONTRACTOR's making such final commitment, or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CON"TRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims casts, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Phvsieal Condrrions—Underground Facilities: 4.11. 5hour orindicarecl: 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 FNGMER 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 4.3.12. The cast of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility far: (i) reviewing and checking all such information and data, (ii) locating all underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or huhcated• 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, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergent' as required by paragraph 6 23), identiP, the owner of such underground Facility and EJCDC (JENERAL CONDITIONS 1910-8 (1990 Edtiat) W1 C[TY OF FORT COLLINS MOD[FICATIONS (REV 412DD0) give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extem if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change 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 7rovided in Paragraph 6.20, CONTRACTOR may be allowed an increase in the Contract Price or an extension of the Contract fines, 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 on length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, 1 NGINFFR and ENGTNFER's Consultants shall not he I iable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project - Reference Points: 4A OWNER shell provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONIRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall prcEect 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 necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum,11azardaus Waste or Radioactive Material: 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 Drawing i; 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.