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556645 SELECT ROOFING CONTRACTORS LLC - CONTRACT - BID - 8308 TRANSFORT REROOF
F6rt Cod�ms Purchasing .. SPECIFICATIONS AND CONTRACT DOCUMENTS FOR TRANSFORT REROOF BID NO. 8308 1 in:ioci it Scrs ices l'urchits fig Disision 214; \, N ;uon tit. 2" Floor In1C� lens CO ,,' 9711.22I >775 2 iL % m: pa it PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS MAY 26, 2016 - 3:00 P.M. (OUR CLOCK) FortCollins �Puhasing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8308: Transfort Reroof OPENING DATE: 3-00 PM (Our Clock) June 2, 2016 Financial Services Purchasing Division 215 N. Mason St, 2nd Floor PO Box 580 Fort Collins. CO 80522 970.221,6775 970 221 6707 fcgov.com/purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: The Opening Date has been changed to 3:00 PM (our clock) on June 2, 2016. Please contact Doug Clapp, CPPB, Senior Buyer at (970) 221-6777 with any questions regarding this addendum_ RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Addendum 1 - Page 1 of 1 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. determined pursuant to paragraphs 11.4 and 11.5. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and subm it in form acceptable to F,NGr MFR an itemized cost breakdown together with supporting data. Cash Allowances. 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGIIN'EER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at tine site and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Worl, 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 corisidcred by CONTRACTOR to be adequate to cover CONTRACTORs overhead and profit for each separately identified item. 11.9.3.OWNEa or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EXDC GENERAL CONMITIOM 19I0-8 (1990 Edition) 26 wt CITY OF FORT COLLINS MODIFICATIONS OZEV 412000) and 11.93.2. there is no corresponding adjustment with respect to arty other item of Work; and 11.9.3.3. 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. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to acts or delete items in the Bid or chanee cuanbties at OWNERS sole discretion without at ecting the Contract Price of anv remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12--CHANGE OF COINTRACT TITHES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amcndment. Any claim for an adjustment of the Contract Times (or Milestones) shall he based on written notice delivered by the party making the claim to the other pain• and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event gtving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordarnce with paragraph9.11 of OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if net 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 Agreem ent. 123. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4 Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, 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 l5ru i (i) delays caused by or within the control of the CONTRACTOR, or (it) delays beyond the control of both parties includin& but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13»TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice ofDefeets: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be ,given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OIVNER ENGINEER ENGINEER's Com pants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reascxtable-tirnea for their observation inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable Tests and Inspections., 13.3, CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests 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; 13.42. tut costs incurred fit connection with tests or inspections conducted pursuant to pamgraph 13.9 E)CDC (IENERAL CONDITIONS 1910-8 (19%E000) w/ CITY OF FORT COLLI M MODIFICATIONS ¢tJrV 42000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Document-, 13.5. 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 ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mist designs, or equipment submitted for approval prior to CONTRACTORS purchase thereof for incorporation in the Work. 13.6, If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER 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 ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTORS expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation inspection or testing as LIGINME , 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 cis 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 defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Tinies (or Milestones), or both, directly attributable to such 27 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 I 1 and 12. O WNTER May Stop the W orl: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been elimirnted; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other patty Correction orRemoiwl of Defective N-ork- 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the 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 casts of repair or replacement of work of others). 13.12. Correction Period• 13.12.1. If within ene yea f two_'cars after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by The terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, lasses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12.2, In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment 13,12.3. Where defective Wort: (and damage to other EJCDCOENETtAL CONDITIONS 191" 11990 EcBtion) 28 w! (]TY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 expended for an additional period of raft yeas two years after such correction or removal and replacement has been satisfactorily completed, Acceptance of Defective Work.• 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGllJEER) prefers to accept it, OWNER may do so CONTRACTOR shall pay all clamps, costs, losses and damages attributable to OWNFR's evaluation of and determination to accept such defective Work (such casts to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. ORTER May Correct Defective Work. 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract 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 correction 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 CONTRACTORS services related thereto, take possession of CONTRACIORs tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNERS representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are arable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective 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 OWNER's rights and remedies hereunder. ARTICLE 14--PAi'MENTS'TO CONTRACTOR AND COMPLETION Schedule of Values. 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. App&cation for Progress Payment. 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month). CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OINNER'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. Any funds that are withheld by the OWNER shall not be subiect to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship. Dv executing the application for payment form the CONTRACTOR expressly waives his rieht to the benefits of Colorado Revised Statutes, Section 24-91-101, Ct SCQI CONTR4CTOR's Warranty of Title. 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review ofApplfeations for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL COND111ONS 1910-8 (1990 Edtion) W1 CITY OF FORT COLLINS MODIFICATIONS tREV 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 ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14. T) become due and when due will be paid by M(NI ER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINTER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's rev icw of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief. 14.5.1. the Work has progressed to the point indicated, 14,52 the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functiomno 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 ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous orrsite 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 (ti) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. 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 consutiction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7, ENGINEER may, refuse to recommend the whole or any part of any payment if; in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in ENGINTEER'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 recommende8 by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.E, 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, 143.7. 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 satisfaction the reasons for such action Substantial Completion: 14.8. Whcn 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, ENGLtiEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EJCDC GENMkAL CONDIT10\61910-8 (1990 Edition) 30 ,gyp/ aTY OF FORT COLUNS MODIFICATIONS (REv d12000) 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 ppaavrnaht 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 eorsiderinq- such objections, ENGINEER concludes that the Work is not substantially complete, ENGINNEER will within fourteen days dw submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, F_NGINEF.R considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected reflecting such changes from the tentative certificate as ENGENMER 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 ENGWEER's issuing the definitive certificate of Substantial Completion, ENGD EER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Urilizadon: 14.10. Use by OWNER at OWNTER's option of any substantially completed part of the Work, 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 CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete. CONTRACTOR will certify to OWNER and ENGINEER that such 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 r-NGINEER in writing that CONTRACTOR considers any such part of the Work ready, for its intended use and substantially complete and request FNGTNEF.R to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14 8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10Z No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final ' ion with OWNER and CONTRACTOR and will notiCONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5A, 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 shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5A.13, (ii) consent of the surety, if any, to final payment, and (ni) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in cormection 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 OWNER or OWNERSs property might in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ C1 TY OF FORT C OLU NS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full. CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indern r* OWNER against any Tien Releases or waivers of liens and the consent of the surety to fmalizc payment are to be submitted on Mfconforming to the format of the OWNER'S standard bounden the Project manual, Final Payment andAeceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, I—NGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR su�iect to paragraph 17.62 of these saLCM tiona 14.14, Il through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER 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 supulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims.- 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11. from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR'., 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--SUSPENSION OF WORK AND TERMINATION OH AER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or botK directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragmph2.9 as adjusted from time to time pursuant to paragraph 6.6), 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction: 15.2.3. if CONTRACTOR disregards the authority of ENGTNEER: or 152.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWN'ER. 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 conversions incorporate in the Work all materials and equipment stored at the site or for which OVbNER has paid EJCDC OEWRAL CONTJITIONS 1910-8 (1990 Edition) 32 wJ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 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 until the Work is finished if the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change 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 CONTRACTORS services have been so terminated by OWNER, the termination will not affect an), rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Arty 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 ENGINIMR, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4 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, 15.43. for all claims, costs, losses and damages incurred in settlement of terminated contracts with SubeontractoM 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 May Map Work or Terminate: 15.5. If through no actor fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR 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 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days alter 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 ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GGA, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS GFiing 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 known to the giver of the notice. 17.2. Computation of Time: 17.2.1. Wthen 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. EJCDCGENERAL CONDITIONS 1910$ (19%Edition) w/ CITY OF FORT COLLI N5 MODIFI CATIONS tREV 4,2000) 172.2. A calendar day of twenty-four hours measured from midnight to the nett midniglu will constitute a day, Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or 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 imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs6.12, 6.16, 6.30, 6,31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any right.% 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 17.5. Whenever reference is made to "claims, costs, losses anti damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado awly to this Ameement. Reference to two pgonennt Colorado statutes are as follows 17.6.2. If a claim is filed OWNER is required by law (CR 3 38 26-107) to withhold fron 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 EJCDC GE*XAL CONDITIONS 191" (1990 E(fi ion) 34 wl CITY OF FORT COLD NS MODLFICaT1ONS ftN 412000) (This page left blank intentionally.) EJCDC 004ERAL CONDITIONS 19103 (1990 Edition) ,> w/ CITY OF FORT COLLINS MODtF1 CATIONS (REV 4/2000) 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 all other documents included in Sections 00300 and 00400. 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 F.JCDC GENERAL CONDMO'; I31910-8 (1990 Edition) 36 wl aTY OF FORT COLLINS 1v1ODtFICATIONS (REV 412000) 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 mising 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 LNGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9,11; and the failure to demand arbitration within said thirty days° period will result in ENGINEER's decision being fatal 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 anv written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9 10 16.3. Notice of the demand for arbitration will be filed in writing with the other 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 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 191 U-S 0990 Edition) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9199) 16A. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the 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 f2ef which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5, Notwithstanding paragraph 16.4, if a claim, dispute or other mattes in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 not in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWINER, ENGINEER or ENGINES s Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they, shall first submit any and all unsettled claims, counterclaims, disputes and other 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 Iimits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed GC -A 1 EJCDC GENERAL CONDITIONS 1910-5 (1990 EMM) OC-Al wl CITY OF FORT COLLINS MODIFICATIONS (REV 9,94) 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: M 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. SC-DB Davis Bacon Wage Rates A. The terms and conditions set forth in the following pages are hereby incorporated as part of this Agreement. SC -FED Federal Terms & Conditions A. The terms and conditions set forth in the following pages are hereby incorporated as part of this Agreement. DAVIS BACON WAGE RATES General Decision Number: C0150012 10/16/2015 C012 Superseded General Decision Number: CO20140012 State: Colorado Construction Type: Heavy Counties: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo and Weld Counties in Colorado. HEAVY CONSTRUCTION PROJECTS 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 0 1 2 3 4 Publication Date 01 /02/2015 03/27/2015 06/05/2015 10/09/2015 10/16/2015 AS BE0028-001 10/01 /2014 Rates Fringes Asbestos workers/Insulator (Includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) .................................................................. $ 28.83 13.53 ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS, JEFFERSON, LARIMER AND WELD COUNTIES SHEE0009-002 07/01/2015 Sheet metal worker ............... . Rates Fringes $ 32.85 14.63 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-OOS 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 OB/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. OB/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/CSA 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 requester 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 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. The basis for award shall be in accordance with Section 00300, Bid Form. 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. General Decision Number: C0150034 10/09/2015 C034 State: Colorado Construction Type: Building County: Larimer County in Colorado . BUILDING CONSTRUCTION PROJECTS (does not include single family homes or 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 0 Publication Date 10/09/2015 ELEV0025-001 01 /01 /2015 Rates Fringes ROOFER------------------------------------------------------ $ 16.03 0.00 E N G 10009-017 10/23/2013 Rates Fringes POWER EQUIPMENT OPERATOR (Crane) 141 tons and over ................................................... $ 25.97 9.15 so tons and under ................................................... $ 24.88 9.15 51 to 90 tons........................................................... $ 25.04 9.15 91 to 140 tons ......................................................... $ 25.19 9.15 SHEE0009-007 07/01/2015 Rates Fringes SHEET METAL WORKER (Includes HVAC Duct Installation; Excludes HVAC Pipe Installation) .......................................... $ 32.85 14.63 SUCO2013-010 07/31/2015 Rates Fringes CARPENTER, Excludes Acoustical Ceiling Installation, Drywall Finishing/Taping, and Drywall Hanging ...................................................... $ 21.87 4.83 LABORER: Common or General ............................ $ 13.87 2.80 ROOFER................................................................. $ 16.03 0.00 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-OOS 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 OB/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. OB/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/CSA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 2.) 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 surrey 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 surrey 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 requester 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 FEDERAL TERMS & CONDITIONS FEDERAL TRANSIT ADMINISTRATION FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applicability to Contracts Applicable to all contracts. Flow Down Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. Model Clause/Language While no specific language is required, FTA has developed the following language. 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. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307) Applicability to Contracts These requirements are applicable to all contracts. Flow Down These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. Model Clause/Language These requirements have no specified language, so FTA proffers the following language. 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 sere . 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. ACCESS TO RECORDS AND REPORTS (49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17) Applicability to Contracts Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down FTA does not require the inclusion of these requirements in subcontracts. Model Clause/Language The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: 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. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the 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. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 53O2(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. 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. 6. 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). 7. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Operational Service Contract Turnkey Construction Architectural Engineering Acquisition of Rolling Stock Professional Services I State Grantees None Those imposed None None None None a. Contracts on state pass below SAT thru to ($100,000) None Contractor Yes, if non- None unless None unless None unless unless' non- competitive non- non- non- b. Contracts competitive award or if competitive competitive competitive above award funded thru2 award award award $100,000/Capital 5307/5309/53 Projects 11 II Non State Grantees Those imposed Yes3 on non -state Yes Yes Yes Yes a. Contracts Grantee pass below SAT Yes3 thru to Yes Yes Yes Yes ($100,000) Contractor b. Contracts above $100,000/Capital Projects Sources of Authority: 49 USC 5325 (a) 2 49 CFR 633.17 318 CFR 18.36 (i) FEDERAL CHANGES (49 CFR Part 18) Applicability to Contracts The Federal Changes requirement applies to all contracts. Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause/Language No specific language is mandated. The following language has been developed by FTA. 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. CIVIL RIGHTS REQUIREMENTS (29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.) Applicability to Contracts The Civil Rights Requirements apply to all contracts. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shortened the lengthy text. 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. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (FTA Circular 4220.1 E) Applicability to Contracts The incorporation of FTA terms applies to all contracts. Flow Down The incorporation of FTA terms has unlimited flow down. Model Clause/Language FTA has developed the following incorporation of terms language: 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. ENERGY CONSERVATION REQUIREMENTS (42 U.S.C. 6321 et seq. 49 CFR Part 18) Applicability to Contracts The Energy Conservation requirements are applicable to all contracts. Flow Down The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Model Clause/Language No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA: 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. TERMINATION (49 U.S.C. Part 18 FTA Circular 4220.1 E) Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. Model Clause/Language FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: 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 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. f. 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 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. Bid results are posted online at www.rockymountainbidsVstem.con-i by the end of day on the opening date. END OF SECTION 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 - 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. g. 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. 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. 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 the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, 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. BUY AMERICA REQUIREMENTS (49 U.S.C. 53230) 49 CFR Part 661) Applicability to Contracts The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000). Flow Down The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The $100,000 threshold applies only to the grantee contract, subcontracts under that amount are subject to Buy America. Mandatory Clause/Language The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts, but does not specify the language to be used. The following language has been developed by FTA. 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. BIDDER MUST SIGN ONE (1) OF THE FOLLOWING: 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. 5323Q)(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 BREACHES AND DISPUTE RESOLUTION (49 CFR Part 18FTA Circular 4220.1 E) Applicability to Contracts All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down The Breaches and Dispute Resolutions requirements flow down to all tiers. Model Clauses/Language FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FTA third party contracts. 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 (Recipient)'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 (Recipient), 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 (Recipient) 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 (Recipient) 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 (Recipient), (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. LOBBYING (31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20) Applicability to Contracts The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. Flow Down The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti - Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Mandatory Clause/Language Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. 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 CLEAN AIR (42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18) ApplicabilitV to Contracts The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. Flow Down The Clean Air requirements flow down to all subcontracts which exceed $100,000. Model Clauses/Lan-guage No specific language is required. FTA has proposed the following language. 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. CLEAN WATER REQUIREMENTS (33 U.S.C. 1251) Applicability to Contracts The Clean Water requirements apply to each contract and subcontract which exceeds $100,000. Flow Down The Clean Water requirements flow down to FTA recipients and subrecipients at every tier. Model Clause/Language While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the following language developed by FTA contains all the mandatory 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 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. CARGO PREFERENCE REQUIREMENTS (46 U.S.C. 1241 , 46 CFR Part 381) Applicability to Contracts The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels. Flow Down The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel. Model Clause/Language The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The following language is proffered by FTA. 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- ladin 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. 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. SECTION 00300 BID FORM 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 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 therefor 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 [ insert name of 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 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 [ insert name of grantee ] 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. (2) 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 [ insert name of grantee ] 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. (3) 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. 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 therefor 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. 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 (Recipient) 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 (Recipient) 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 (Recipient). 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 (Recipient), 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 therefor. 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 (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) 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 (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) 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 (Recipient) 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 (Recipient) 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. (Recipient) 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 (Recipient), 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 (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) 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 (Recipient) 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 (recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient). 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 (recipient) shall determine the amount of the patent indemnity to protect the (Recipient). Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to (Recipient), 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 (Recipient), 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. 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 (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). 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 (Recipient) 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). CIVIL RIGHTS REQUIREMENTS (29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.) Applicability to Contracts The Civil Rights Requirements apply to all contracts. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shortened the lengthy text. 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) Acme - 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. SECTION 00300 BID FORM PROJECT: 8308 Transfort Reroof Place: Date: Fort Collins, CO 6/2/2016 In compliance with your Invitation to Bid dated 20 16 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of Five percent of the bid amount (6%) Please see attached bid bond ($ 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 follows: Developers Surety & Indemnity CO 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through 8. The undersigned Bidder hereby acknowledges the documents listed below are required elements of the bid and must be submitted with the bid. The City may reject any incomplete bids as non -responsive. - Bid Form (Section 00300) - Certified or Cashier's Check Bid Bond (Item 3 above and Section 00410) - Acknowledgement of Bid Addenda (Item 7 above) (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. (d) Special DOL EEO Clause - In addition to the foregoing, when undertaking "construction" as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures that each Third Party Participant will comply, with: (a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and (b) Executive Order 11246, "Equal Employment Opportunity," as amended by Executive Order 11375, "Amending Executive Order 11246, Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note. (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. DISADVANTAGED BUSINESS ENTERPRISE (DBE) (49 CFR Part 26) Background and Applicability The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT -assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro -purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. Clause Language The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options available to grantees concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals have been established. Disadvantaged Business Enterprises 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 5 %. A contract goal of 5 % DBE participation has 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 the 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. 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: 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 must present the information required above as a matter of responsiveness (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 and 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. e. The contractor must promptly notify the 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 the City of Fort Collins. RECYCLED PRODUCTS (42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873) Applicability to Contracts The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds. New requirements for "recovered materials" will become effective May 1, 1996. These new regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000. Flow Down These requirements flow down to all to all contractor and subcontractor tiers. Model Clause/Language No specific clause is mandated, but FTA has developed the following language. 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. 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. 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 djcgov.com or calling 970-221-6775. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Transfort Reroof CONTRACTOR: Select Roofing Contractors LLC PROJECT NUMBER: 8308 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 DATE: REVIEWED BY: DATE: Title: APPROVED BY: Title: 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: Date: PO# A NAL 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: Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT AMOUNT APPROVED CHANGE ORDERS TO DATE ADJUSTED CONTRACT AMOUNT TOTAL WORK COMPLETED AND MATERIALS USED RETAINAGE (10% OF TOTAL) TOTAL EARNED LESS RETAINAGE LIQUIDATED DAMAGES WITHHELD TOTAL EARNED LESS LIQUIDATED DAMAGES LESS PREVIOUS PAYMENTS CURRENT PAYMENT DUE APPROVED BY: (Title) cc: Accounting City Clerk Contractor Engineer Project File DATE: WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions 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 of'the items involved and attachments, Based on conversations betv+,een Engineer and Contractor, Engineer completes the following: METHOD 0I4 DE'117RM1N[NG CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. if the change involves aii increase in the Contract Price and the estimated .amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated time is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completes and signed the form, all copies should be sent to Owner for authorization because Engineer alone dries not have authority to authorize changes in Price or Tittles. Once authod7wd by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph I O.t13.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed :gum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by'this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED W1114 A CHANGE THAT MAY AP17ECT THE CONTRACT PRICE OR CONTRACT `11MES. A CHANGE ORDER, IP ANY, SHOULD BE CONSIDEUD PROMPTLY. WORK CHANGE DIRECTIVE No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER's Project No. You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: 0 Unit Prices Lump Sum ❑ Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract _ Times: If the change involves an increase, the estimated Substantial Completion: days; amount is not to be exceeded without further Ready for final payment: _ days. authorization. RECOMMENDED: ENGINEER AUTHORIZED: OWNER By: By: EJCDC No. 1910-8-F (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated Cxneral Contractors of America and the construction Specifications institute. Advancement 3 o/Construction technology REQUEST FOR INTERPRETATION Project: R.F.I. Number: rro Froin: Date: A/E Project Dumber: Re: Contract For: Specification Section: Paragraph: Drawing Reference: Detail: Request: Signed by: Date: Rest�ons::: ❑ Attachments Response From: To: Date Rec'd. Date Retlld: Signed by: Date: Copies: ❑ Owlrer ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Specifications Mitute, Page of July I994 99 Cana) Center Plaza, Suite 300 Alexandria, VA 22314 CSI Fonn 13.2A IVAdvancemen! of Construction Technology project To: Re: Clatification Notice Number: From: Date: A/F Project Number: ContractFor: CLARIFICATION NOTICE 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 Stun or Contract Time. Specification Section: Paragraph: Dravring Reference: Detail: Description: ❑ Attachments Signed by: Date: Copies: ❑ owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Specifications Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA CSI Norm 13.3A 22314 - Statement of Bidder's Qualifications (Section 00420) - Schedule of Subcontractors (Section 00430) - CDOT Form #606, Anti -Collusion Affidavit (Section 00440) - CDOT Form #1413, Bidders List (Section 00450) - CDOT Form #1414, Anticipated DBE Participation Plan (Section 00460) - Buy America Certification (Section 00470) Appendix A, 49 CFR Part 20, Certification Regarding Lobbying (Section 00480) 9. The Bidder acknowledges this is a Federally funded project subject to the Federal Terms and Conditions incorporated herein as part of the Invitation to Bid. This project has a DBE goal of 5%. In order for a bidder to be responsive one must make a good faith effort to meet the DBE goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient to meet the goal. Second, the bidder can document adequate good faith efforts. These good faith efforts must be completed prior to submittal of the bid. To meet the DBE eligibility requirements, DBE firms must be certified by CDOT. The CDOT DBE Directory is available at httys://www.codot.gov/business/civilriahts/dbe. If the apparent low bidder does not meet the project DBE goal, three copies of the contractor's good faith effort needs to be submitted to the City of Fort Collins Purchasing Department by 4PM on the next business day after bid opening. 10. BID SCHEDULE (Base Bid) Total Base Bid (lump sum) $ 347,284.00 • IN WORDS Three hundred forty seven thousand two hundred eighty four dollars ADD/ALTERNATES: AT THE CITY's SOLE DISCRETION, AWARD OF THE CONTRACT SHALL BE BASED ON THE LOWEST QUALIFIED RESPONSIVE AND RESPONSIBLE BIDDER FOR ANY OF THE BELOW OPTIONS: - BASE BID; OR - CUMULATIVE TOTAL OF THE BASE BID PLUS SELECTED ALTERNATES; OR - CUMULATIVE TOTAL OF SELECTED ALTERNATES AND NO AWARD OF BASE BID. Advancement of Construction Technofogy FIELD ORDER Project: Field Order Nutnber: To. From: Date: A/E Project Number: Re: Contract For: You are hereby directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the Work without change in Contract Sum or Contract Time. If you consider that a change in Contract Sum or Contract rime is required, submit 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: Dale: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ 0 File Copyright 1994, Construction Specification Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CS Form 13 4A SCOPE OF WORK Main Transfort roof located at 6570 Portner Road, Fort Collins, CO 80525. The latest start date for the roof work to begin will be August 1, 2016. - Contractor will be responsible to pull the City of Fort Collins roofing permit. - Contractor will be required to coordinate all necessary City of Fort Collins building inspections and upon completion of the job will issue to the City of Fort Collins a Certificate of Occupancy before final payment will be issued. - Contractor will be responsible to pass all City and Manufacturer inspections. - Roof to meet City of Fort Collins Building Department's minimum wind resistance. - New roof install to meet City of Fort Collins Roof Covering and Re -roofing Requirements. - All work to meet City of Fort Collins Design Standards at the following link: http://www,fcgov.com/opserv/pdf/building-design-tandards3.pdf?1447782135 - All work to be done during normal business hours and to abide by the City's noise ordinance through Neighborhood Services. Night work will not be allowed on this project. - General contractor will be required to provide their own portable toilets. Location to be coordinated with the City of Fort Collins at the construction pre -con. meeting. - Coordination of dumpster locations to be coordinated with the City of Fort Collins at pre - con. meeting. - The City of Fort Collins has smoking restrictions in certain areas. Smoking on the premises is prohibited. If smoking is necessary, employees can smoke in their personal vehicles. Please go to: fcgov.com/smokefree for more information. - Remove existing ballast o Ballast to be hauled (by the roofing contractor) off the site and delivered to: ■ Roselawn Cemetery, 2801 E. Mulberry ■ Coordination of delivery with City of Fort Collins staff required ■ Rock delivered to be clean material only. Material may be rejected by on - site personnel if unclean and full of construction debri. - Remove existing 3-ply built-up roof. - Remove existing insulation. Coring showed approximately 3" of insulation/coverboard material under the membrane. - Remove material to metal decking. - Do not proceed with reroof until all debris has been removed from decking. - Install R30 ISO Insulation. Install '/2" cover board over ISO roof insulation is required. Install a white 60 mil TPO roof over the'/2" cover board & R30 insulation. Roof to be mechanically attached or induction welded. Whichever is most cost effective. Install flexible walkways as shown on the drawings. Manufacturer's roof warranty to be a minimum of 20 years NDL "No Dollar Limit". o Manufacturer's letter, verifying the roof was inspected and signed off on for the warranty, to be provided at the end of the job. - Install all new 24 ga. Metal cap flashing on all parapet caps to be re -roofed. o Please reference the attached spec. section 076200. o A new wood nailer is to be provided under this cap flashing. This wood nailer is to consist of treated 2x material per the attached spec. section 061000. o Color to be approved by City of Fort Collins o Color to match existing metal flashing on existing TPO roofs. Provide a sample for City of Fort Collins approval before ordering the material. o Cap flashing to be a coping cap type flashing that will match the same detail as the existing TPO roof sections of the building. Similar in design and color. - Roof expansion joints located at the north end of the lower roof section should be installed with a similar detail as below to allow water to flow to the roof drains. - Re -flash existing scuppers. - Re -use existing skylights and provide a water tight detail approved by the manufacturer o It is expected that the skylights will be removed and the TPO roof will wrap up and over the roof curb for a water tight detail. - Due to the additional insulation height to achieve the R-30 requirement some of the Mechanical, Plumbing, & Electrical may need to be raised. This work will be accomplished in house by the City of Fort Collins. Provide at least one week's notice prior to your request for this help. - All OSHA regulations to be followed at all times. Contractor will be expected to follow the City of Fort Collins QA/QC program. o Please reference: • Written QA-QC Plan • Preparatory Phase Checklist ■ QC Initial Checklist ■ QC Follow -Up Checklist o Materials to be inspected during the duration of the project. ■ TPO Roofing • ISO Insulation ■ Cover board • Sheet Metal - Contractor to fill out owner provided Waste Management Plan Form. o Please reference the specifications for this form. o Contractor will not receive final payment until this has been provided, filled out with back-up. Coordination with the City of Fort Collins IS REQUIRED for all roll -off dumpster locations Dumpster locations will be allowed in short intervals upon approval by the City of Fort Collins and Transfort staff. - Environmental Testing: o Asbestos has been identified in the black mastic Located at the roof curbs and the parapet walls. As long as the material is not made friable it is acceptable to dispose of it per the specification's below. o Remove the mastic without making it friable per the specifications below. In areas, on the concrete specifically, it is acceptable to encapsulate the mastic under the TPO membrane as long as it does not affect the roof detailing and warranty. o Roofing materials or disposal bags cannot be dropped directly to the ground or dumpster from the roof. They must be lowered in a controlled way as to minimize damage or friability of the material and the disposal bags. o Please reference the work authorization below for full scope of work: "The contractor must be informed as to the presence of ACMs at the location. Regulated ACMs (RACMs) are defined as any friable material and non -friable asbestos materials that have a high probability of becoming friable during normal renovation or demolition operations (that are performed in accordance with EPA NESHAPS demolition guidance). Non -regulated ACMs (non-RACMs) are those non -friable materials likely to remain non - friable during normal renovation or demolition operations. EPA and CDPHE regulations require proper removal and disposal of all RACMs prior to renovation or demolition operations. EPA and CDPHE regulations allow non-RACMs to remain in place during renovation or demolition, provided the methods do not render the material friable and they may not be subject to sanding, grinding, cutting or abrading during the renovation or demolition process, and allow these materials to be disposed as normal renovation or demolition debris. The non -friable, non-RACM material (asphaltic roof flashing) at this location may remain in place, as long as renovation activities do not disturb the materials. The following recommendations are provided as guidance only for the removal of nonfriable roofing material at this location. Removal of the asphaltic roof flashing at this location is considered an OSHA Class II project and includes Category 11 non -friable ACM. This material must be handled under guidance found in 40 CFR Part 61 Subpart M, Appendix A, NESHAP (National Emission Standard for Hazardous Air Pollutant - Applicability of the Asbestos NESHAP to Roof Removal Operations). If rendered friable through work practices, the asphaltic roof flashing is considered Regulated Asbestos Containing Material (RACM), governed by the Colorado Department of Public Health and Environment regulation (Regulation 8 Part B) and permit requirements could apply, depending on amounts disturbed. It is recommended that workers receive training according to 29 CFR 1926.1101 OSHA standards for removal of asphalt impregnated asbestos containing roofing and asbestos containing roofing shingles. It is recommended that the roofing company retained for this job, provide a competent person, as defined by OSHA, to be on site and available to workers during all times of operations. - The regulation requires that the competent person on site must train in the NESHAP regulation. o From the Federal Guidance: • Training 5.1. For those roof removals that are subject to the NESHAP, at least one on -site supervisor trained in the provisions of the NESHAP must be present during the removal of the asbestos roofing material. 40 CFR 61.145(c)(8). ■ In EPAs view, this person can be a job foreman, a hired consultant, or someone who can represent the building owner or contractor responsible for the removal. - Materials must be disposed of properly as non -friable ACM." - Contractor to ensure a clean and safe work site at all times. - Contractor price will NOT include a wind rider. The City of Fort Collins is self -insured. Install tapered insulation between both expansion joints on the north, center, section of the roof. The high point of the taper will be in the middle of this section and will slope east & west in equal directions in order to aide in roof drainage over the expansion joints. Install the expansion joints per manufacturer's requirements. - Provide a cricket system at the northwest corner of the lower roof section that will delete the existing roof drain scupper located at the west parapet. Install metal flashing over the exterior side of the existing holes. Metal flashing to match the color of the new metal cap flashing. The intent of this is to eliminate the scupper drain and to divert the water runoff to the south, around the corner, and then west to the existing roof drain. ADDITIONAL SPECIFICATIONS SECTION 061000 - ROUGH CARPENTRY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions Specification Sections, apply to this Section. 1.2 SUMMARY A. Scope of Work to Include: 1. The contractor/subcontractor for this work, shall provide all labor, materials, transportation, protection, apparatus, tools, equipment, incidentals, warranty, and items necessary to provide and install, complete in all respects, all ROUGH CARPENTRY as detailed on drawings and/or required herein. B. Section Includes: 1. Rooftop equipment bases and support curbs. 2. Wood blocking, cants, and nailers. 3. Wood furring and grounds. 4. Plywood backing panels. C. Related Requirements: 1. Section 061600 "Sheathing." 1.3 DEFINITIONS A. Dimension Lumber: Lumber of 2 inches nominal or greater but less than 5 inches nominal in least dimension. B. Lumber grading agencies, and the abbreviations used to reference them, include the following: 1. NLGA: National Lumber Grades Authority. 2. WCLIB: West Coast Lumber Inspection Bureau. 3. WWPA: Western Wood Products Association. 1.4 ACTION SUBMITTALS A. Product Data: For each type of process and factory -fabricated product. Indicate component materials and dimensions and include construction and application details. 1. Include data for wood -preservative treatment from chemical treatment manufacturer and certification by treating plant that treated materials comply with requirements. Indicate type of preservative used and net amount of preservative retained. 2. Include data for fire -retardant treatment from chemical treatment manufacturer and certification by treating plant that treated materials comply with requirements. Include physical properties of treated materials based on testing by a qualified independent testing agency. 3. For fire -retardant treatments, include physical properties of treated lumber both before and after exposure to elevated temperatures, based on testing by a qualified independent testing agency according to ASTM D 5664. 4. For products receiving a waterborne treatment, include statement that moisture content of treated materials was reduced to levels specified before shipment to Project site. 5. Include copies of warranties from chemical treatment manufacturers for each type of treatment. 1.6 DELIVERY, STORAGE, AND HANDLING A. Stack lumber flat with spacers beneath and between each bundle to provide air circulation. Protect lumber from weather by covering with waterproof sheeting, securely anchored. Provide for air circulation around stacks and under coverings. PART 2 - PRODUCTS 2.1 WOOD PRODUCTS, GENERAL A. Certified Wood: Materials shall be produced from wood obtained from forests certified by an FSC-accredited certification body to comply with FSC STD-01-001, "FSC Principles and Criteria for Forest Stewardship," for the following: 1. Miscellaneous lumber. B. Lumber: DOC PS 20 and applicable rules of grading agencies indicated. If no grading agency is indicated, provide lumber that complies with the applicable rules of any rules -writing agency certified by the ALSC Board of Review. Provide lumber graded by an agency certified by the ALSC Board of Review to inspect and grade lumber under the rules indicated. 1. Factory mark each piece of lumber with grade stamp of grading agency. 2. Where nominal sizes are indicated, provide actual sizes required by DOC PS 20 for moisture content specified. Where actual sizes are indicated, they are minimum dressed sizes for dry lumber. 3. Provide dressed lumber, S4S, unless otherwise indicated. C. Maximum Moisture Content of Lumber: 19 percent unless otherwise indicated. 2.2 WOOD -PRESERVATIVE -TREATED LUMBER A. Preservative Treatment by Pressure Process: AWPA U1; Use Category UC2 for interior construction not in contact with the ground, Use Category UC3b for exterior construction not in contact with the ground, and Use Category UC4a for items in contact with the ground. 1. Preservative Chemicals: Acceptable to authorities having jurisdiction and containing no arsenic or chromium. Do not use inorganic boron (SBX) for sill plates. B. Kiln -dry lumber after treatment to a maximum moisture content of 19 percent. Do not use material that is warped or that does not comply with requirements for untreated material. C. Mark lumber with treatment quality mark of an inspection agency approved by the ALSC Board of Review. D. Application: Treat items indicated on Drawings, and the following: 1. Wood cants, nailers, curbs, equipment support bases, blocking, stripping, and similar members in connection with roofing, flashing, vapor barriers, and waterproofing. 2. Wood sills, sleepers, blocking, furring, and similar concealed members in contact with masonry or concrete. 3. Wood framing and furring attached directly to the interior of below -grade exterior masonry or concrete walls. 4. Wood framing members that are less than 18 inches above the ground in crawlspaces or unexcavated areas. 5. Wood floor plates that are installed over concrete slabs -on -grade. 2.3 FIRE -RETARDANT -TREATED MATERIALS A. General: Where fire -retardant -treated materials are indicated, use materials complying with requirements in this article, that are acceptable to authorities having jurisdiction, and with fire -test -response characteristics specified as determined by testing identical products per test method indicated by a qualified testing agency. B. Fire -Retardant -Treated Lumber and Plywood by Pressure Process: Products with a flame spread index of 25 or less when tested according to ASTM E 84, and with no evidence of significant progressive combustion when the test is extended an additional 20 minutes, and with the flame front not extending more than 10.5 feet beyond the centerline of the burners at any time during the test. 1. Use treatment that does not promote corrosion of metal fasteners. 2. Exterior Type: Treated materials shall comply with requirements specified above for fire -retardant -treated lumber and plywood by pressure process after being subjected to accelerated weathering according to ASTM D 2898. Use for exterior locations and where indicated. 3. Interior Type A: Treated materials shall have a moisture content of 28 percent or less when tested according to ASTM D 3201 at 92 percent relative humidity. Use where exterior type is not indicated. 4. Design Value Adjustment Factors: Treated lumber shall be tested according ASTM D 5664 and design value adjustment factors shall be calculated according to ASTM D 6841. C. Kiln -dry lumber after treatment to a maximum moisture content of 19 percent. Kiln -dry plywood after treatment to a maximum moisture content of 15 percent. D. Identify fire -retardant -treated wood with appropriate classification marking of qualified testing agency. E. Application: Treat items indicated on Drawings, and the following: 1. Plywood backing panels. 2.4 MISCELLANEOUS LUMBER A. General: Provide miscellaneous lumber indicated and lumber for support or attachment of other construction, including the following: 1. Blocking. 2. Nailers. 3. Rooftop equipment bases and support curbs. 4. Cants. 5. Furring. 6. Grounds. B. For items of dimension lumber size, provide Construction or No. 2 grade lumber of any species. C. For concealed boards, provide lumber with 19 percent maximum moisture content and the following species and grades: 1. Hem -fir or hem -fir (north); Construction or No. 2 Common grade; NLGA, WCLIB, or WWPA. D. For blocking not used for attachment of other construction, Utility, Stud, or No. 3 grade lumber of any species may be used provided that it is cut and selected to eliminate defects that will interfere with its attachment and purpose. E. For blocking and nailers used for attachment of other construction, select and cut lumber to eliminate knots and other defects that will interfere with attachment of other work. F. For furring strips for installing plywood or hardboard paneling, select boards with no knots capable of producing bent -over nails and damage to paneling. 2.5 PLYWOOD BACKING PANELS A. Equipment Backing Panels: DOC PS 1, Exposure 1, C-D Plugged, fire -retardant treated, in thickness indicated or, if not indicated, not less than 3/4-inch nominal thickness. 2.6 FASTENERS A. General: Provide fasteners of size and type indicated that comply with requirements specified in this article for material and manufacture. 1. Where rough carpentry is exposed to weather, in ground contact, pressure - preservative treated, or in area of high relative humidity, provide fasteners with hot -dip zinc coating complying with ASTM A 153/A 153M. B. Nails, Brads, and Staples: ASTM F 1667. C. Power -Driven Fasteners: NES NER-272. D. Wood Screws: ASME B18.6.1. E. Lag Bolts: ASME B18.2.1. F. Bolts: Steel bolts complying with ASTM A 307, Grade A; with ASTM A 563 hex nuts and, where indicated, flat washers. G. Expansion Anchors: Anchor bolt and sleeve assembly of material indicated below with capability to sustain, without failure, a load equal to six times the load imposed when installed in unit masonry assemblies and equal to four times the load imposed when installed in concrete as determined by testing per ASTM E 488 conducted by a qualified independent testing and inspecting agency. 1. Material: Carbon -steel components, zinc plated to comply with ASTM B 633, Class Fe/Zn 5. 2.7 MISCELLANEOUS MATERIALS Additions/Alternates: 1. Provide a cost to re -roof the lower roof section of the building. This work would include the removal of the existing roof/ballast and install the new ISO insulation and 60 mil TPO roof per plans and spec's. This price would include all asbestos abatement necessary to complete the project. $ 2§2.492.00 each 2. Provide a cost to re -roof the upper roof section of the building. This work would include the removal of the existing roof/ballast and install the new ISO insulation and 60 mil TPO roof per plans and spec's. This price would include all asbestos abatement necessary to complete the project. $ 99,959.00 each 3. Provide a cost to add new roof drains (as needed). This would include the full assembly, including baskets, which will tie -into the existing roof drain plumbing. $ 479.00 each 4. Provide a lump sum price for all asbestos abatement work to be done. The asbestos abatement work is not included as part of the base bid. This work will be added to the contract base bid if awarded. It is at the City's discretion on whether this work will be part of the low bidder's contract or if the work will be handled in-house. $ 13,903.00 lump sum A. Sill -Sealer Gaskets: Glass -fiber -resilient insulation, fabricated in strip form, for use as a sill sealer; 1-inch nominal thickness, compressible to 1/32 inch; selected from manufacturer's standard widths to suit width of sill members indicated. B. Sill -Sealer Gaskets: Closed -cell neoprene foam, 1/4 inch thick, selected from manufacturer's standard widths to suit width of sill members indicated. C. Flexible Flashing: Composite, self-adhesive, flashing product consisting of a pliable, butyl rubber compound, bonded to a high -density polyethylene film, aluminum foil, or spunbonded polyolefin to produce an overall thickness of not less than 0.025 inch. D. Adhesives for Gluing Furring to Concrete or Masonry: Formulation complying with ASTM D 3498 that is approved for use indicated by adhesive manufacturer. 1. Adhesives shall have a VOC content of 70 g/L or less when calculated according to 40 CFR 59, Subpart D (EPA Method 24). E. Water -Repellent Preservative: NWWDA-tested and -accepted formulation containing 3-iodo- 2-propynyl butyl carbamate, combined with an insecticide containing chloropyrifos as its active ingredient. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Set rough carpentry to required levels and lines, with members plumb, true to line, cut, and fitted. Fit rough carpentry to other construction; scribe and cope as needed for accurate fit. Locate furring, nailers, blocking, grounds, and similar supports to comply with requirements for attaching other construction. B. Install plywood backing panels by fastening to studs; coordinate locations with utilities requiring backing panels. Install fire -retardant treated plywood backing panels with classification marking of testing agency exposed to view. C. Install sill sealer gasket to form continuous seal between sill plates and foundation walls. D. Do not splice structural members between supports unless otherwise indicated. E. Provide blocking and framing as indicated and as required to support facing materials, fixtures, specialty items, and trim. 1. Provide metal clips for fastening gypsum board or lath at corners and intersections where framing or blocking does not provide a surface for fastening edges of panels. Space clips not more than 16 inches o.c. F. Provide fire blocking in furred spaces, stud spaces, and other concealed cavities as indicated and as follows: 1. Fire block furred spaces of walls, at each floor level, at ceiling, and at not more than 96 inches o.c. with solid wood blocking or noncombustible materials accurately fitted to close furred spaces. 2. Fire block concealed spaces of wood -framed walls and partitions at each floor level, at ceiling line of top story, and at not more than 96 inches o.c. Where fire blocking is not inherent in framing system used, provide closely fitted solid wood blocks of same width as framing members and 2-inch nominal- thickness. 3. Fire block concealed spaces behind combustible cornices and exterior trim at not more than 20 feet o.c. G. Sort and select lumber so that natural characteristics will not interfere with installation or with fastening other materials to lumber. Do not use materials with defects that interfere with function of member or pieces that are too small to use with minimum number of joints or optimum joint arrangement. H. Comply with AWPA M4 for applying field treatment to cut surfaces of preservative -treated lumber. 1. Use inorganic boron for items that are continuously protected from liquid water. 2. Use copper naphthenate for items not continuously protected from liquid water. I. Securely attach rough carpentry work to substrate by anchoring and fastening as indicated, complying with the following: 1. Table 2304.9.1, "Fastening Schedule," in ICC's International Building Code. 2. Table R602.3(1), "Fastener Schedule for Structural Members," and Table R602.3(2), "Alternate Attachments," in ICC's International Residential Code for One- and Two - Family Dwellings. J. Use steel common nails unless otherwise indicated. Select fasteners of size that will not fully penetrate members where opposite side will be exposed to view or will receive finish materials. Make tight connections between members. Install fasteners without splitting wood. Drive nails snug but do not countersink nail heads unless otherwise indicated. 3.2 WOOD GROUND, BLOCKING, AND NAILER INSTALLATION A. Install where indicated and where required for screeding or attaching other work. Form to shapes indicated and cut as required for true line and level of attached work. Coordinate locations with other work involved. B. Attach items to substrates to support applied loading. Recess bolts and nuts flush with surfaces unless otherwise indicated. C. Where wood -preservative -treated lumber is installed adjacent to metal decking, install continuous flexible flashing separator between wood and metal decking. D. Provide permanent grounds of dressed, pressure -preservative -treated, key -beveled lumber not less than 1-1/2 inches wide and of thickness required to bring face of ground to exact thickness of finish material. Remove temporary grounds when no longer required. 3.3 WOOD FURRING INSTALLATION A. Install level and plumb with closure strips at edges and openings. Shim with wood as required for tolerance of finish work. B. Furring to Receive Plywood or Hardboard Paneling: Install 1-by-3-inch nominal- size furring horizontally at 24 inches o.c. C. Furring to Receive Gypsum Board: Install 1-by-2-inch nominal- size furring vertically at 16 inches o.c. 3.4 PROTECTION A. Protect wood that has been treated with inorganic boron (SBX) from weather. If, despite protection, inorganic boron -treated wood becomes wet, apply EPA -registered borate treatment. Apply borate solution by spraying to comply with EPA -registered label. B. Protect rough carpentry from weather. If, despite protection, rough carpentry becomes sufficiently wet that moisture content exceeds that specified, apply EPA -registered borate treatment. Apply borate solution by spraying to comply with EPA -registered label. END OF SECTION 061000 SECTION 076200 - SHEET METAL FLASHING AND TRIM PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions Specification Sections, apply to this Section. 1.2 SUMMARY A. Scope of Work to Include: 1. The contractor/subcontractor for this work, shall provide all labor, materials, transportation, protection, apparatus, tools, equipment, incidentals, warranty, and items necessary to provide and install, complete in all respects, all SHEET METAL FLASHING AND TRIM as detailed on drawings and/or required herein. B. Section Includes: 1. Formed low -slope roof sheet metal fabrications. 2. Formed wall sheet metal fabrications. C. Related Requirements: 1. Section 061000 "Rough Carpentry" for wood nailers, curbs, and blocking. 2. Section 075423 "Thermoplastic Polyolefin (TPO) Roofing" for materials and installation of sheet metal flashing and trim integral with roofing. 1.3 COORDINATION A. Coordinate sheet metal flashing and trim layout and seams with sizes and locations of penetrations to be flashed, and joints and seams in adjacent materials. B. Coordinate sheet metal flashing and trim installation with adjoining roofing and wall materials, joints, and seams to provide leakproof, secure, and noncorrosive installation. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product. 1. Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for each manufactured product and accessory. B. Shop Drawings: For sheet metal flashing and trim. 1. Include plans, elevations, sections, and attachment details. 2. Detail fabrication and installation layouts, expansion -joint locations, and keyed details. Distinguish between shop- and field -assembled work. 3. Include identification of material, thickness, weight, and finish for each item and location in Project. 4. Include details for forming, including profiles, shapes, seams, and dimensions. 5. Include details for joining, supporting, and securing, including layout and spacing of fasteners, cleats, clips, and other attachments. Include pattern of seams. 6. Include details of termination points and assemblies. 7. Include details of expansion joints and expansion -joint covers, including showing direction of expansion and contraction from fixed points. 8. Include details of roof -penetration flashing. 9. Include details of edge conditions, including eaves, ridges, valleys, rakes, crickets, and counterflashings as applicable. 10. Include details of special conditions. 11. Include details of connections to adjoining work. C. Samples for Initial Selection: For each type of sheet metal and accessory indicated with factory -applied finishes. D. Samples for Verification: For each type of exposed finish. Sheet Metal Flashing: 12 inches long by actual width of unit, including finished seam and in required profile. Include fasteners, cleats, clips, closures, and other attachments. 2. Trim, Metal Closures, Expansion Joints, Joint Intersections, and Miscellaneous Fabrications: 12 inches long and in required profile. Include fasteners and other exposed accessories. 1.5 INFORMATIONAL SUBMITTALS A. Qualification Data: For fabricator. B. Product Certificates: For each type of coping and roof edge flashing that is SPRI ES-1 tested. 1.6 CLOSEOUT SUBMITTALS A. Maintenance Data: For sheet metal flashing and trim, and its accessories, to include in maintenance manuals. 1.7 QUALITY ASSURANCE A. Fabricator Qualifications: Employs skilled workers who custom fabricate sheet metal flashing and trim similar to that required for this Project and whose products have a record of successful in-service performance. 1. For copings and roof edge fleshings that are SPRI ES-1 tested, shop shall be listed as able to fabricate required details as tested and approved. 1.8 DELIVERY, STORAGE, AND HANDLING A. Do not store sheet metal flashing and trim materials in contact with other materials that might cause staining, denting, or other surface damage. Store sheet metal flashing and trim materials away from uncured concrete and masonry. B. Protect strippable protective covering on sheet metal flashing and trim from exposure to sunlight and high humidity, except to extent necessary for period of sheet metal flashing and trim installation. PART 2 - PRODUCTS 2.1 PERFORMANCE REQUIREMENTS A. General: Sheet metal flashing and trim assemblies shall withstand wind loads, structural movement, thermally induced movement, and exposure to weather without failure due to defective manufacture, fabrication, installation, or other defects in construction. Completed sheet metal flashing and trim shall not rattle, leak, or loosen, and shall remain watertight. B. Sheet Metal Standard for Flashing and Trim: Comply with NRCA's "The NRCA Roofing Manual" and SMACNA's "Architectural Sheet Metal Manual" requirements for dimensions and profiles shown unless more stringent requirements are indicated. C. SPRI Wind Design Standard: Manufacture and install copings tested according to SPRI ES-1 and capable of resisting the following design pressure: 1. Design Pressure: As indicated on Drawings. D. Recycled Content of Zinc -Sheet Flashing and Trim: Postconsumer recycled content plus one-half of preconsumer recycled content not less than 15 percent. E. Thermal Movements: Allow for thermal movements from ambient and surface temperature changes to prevent buckling, opening of joints, overstressing of components, failure of joint sealants, failure of connections, and other detrimental effects. Base calculations on surface temperatures of materials due to both solar heat gain and nighttime -sky heat loss. 1. Temperature Change: 120 deg F, ambient; 180 deg F, material surfaces. 2.2 SHEET METALS A. General: Protect mechanical and other finishes on exposed surfaces from damage by applying strippable, temporary protective film before shipping. B. Stainless -Steel Sheet: ASTM A 240/A 240M or ASTM A 666, Type 304, dead soft, fully annealed; with smooth, flat surface. 1. Finish: 2B (bright, cold rolled). C. Metallic -Coated Steel Sheet: Provide zinc -coated (galvanized) steel sheet according to ASTM A 653/A 653M, G90 coating designation; prepainted by coil -coating process to comply with ASTM A 755/A 755M. 1. Surface: Embossed and with manufacturer's standard clear acrylic coating on both sides. 2. Exposed Coil -Coated Finish: a. Three -Coat Fluoropolymer: AAMA 621. Fluoropolymer finish containing not less than 70 percent PVDF resin by weight in both color coat and clear topcoat. Prepare, pretreat, and apply coating to exposed metal surfaces to comply with coating and resin manufacturers' written instructions. 3. Color: As selected by Owner's Representative from manufacturer's full range. 4. Concealed Finish: Pretreat with manufacturer's standard white or light-colored acrylic or polyester backer finish, consisting of prime coat and wash coat with minimum total dry film thickness of 0.5 mil. 2.3 UNDERLAYMENT MATERIALS A. Felt: ASTM D 226/D 226M, Type II (No. 30), asphalt -saturated organic felt; nonperforated. B. Self -Adhering, High -Temperature Sheet: Minimum 30 mils thick, consisting of a slip -resistant polyethylene- or polypropylene -film top surface laminated to a layer of butyl- or SBS- modified asphalt adhesive, with release -paper backing; specifically designed to withstand high metal temperatures beneath metal roofing. Provide primer according to written recommendations of underlayment manufacturer. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: a. Grace Construction Products; W. R. Grace & Co. -Conn.; Grace Ice and Water Shield HT. b. Henry Company; Blueskin PE200 HT. c. Kirsch Building Products, LLC; Sharkskin Ultra SA. d. Owens Corning; WeatherLock Specialty Tile & Metal Underlayment. e. Polyguard Products, Inc.; Deck Guard HT. 2. Thermal Stability: ASTM D 1970; stable after testing at 240 deg F or higher. 3. Low -Temperature Flexibility: ASTM D 1970; passes after testing at minus 20 deg F or lower. 2.4 MISCELLANEOUS MATERIALS A. General: Provide materials and types of fasteners, solder, protective coatings, sealants, and other miscellaneous items as required for complete sheet metal flashing and trim installation and as recommended by manufacturer of primary sheet metal or manufactured item unless otherwise indicated. B. Fasteners: Wood screws, annular threaded nails, self -tapping screws, self-locking rivets and bolts, and other suitable fasteners designed to withstand design loads and recommended by manufacturer of primary sheet metal or manufactured item. 1. General: Blind fasteners or self -drilling screws, gasketed, with hex -washer head. a. Exposed Fasteners: Heads matching color of sheet metal using plastic caps or factory -applied coating. Provide metal -backed EPDM or PVC sealing washers under heads of exposed fasteners bearing on weather side of metal. b. Blind Fasteners: High -strength aluminum or stainless -steel rivets suitable for metal being fastened. c. Spikes and Ferrules: Same material as gutter; with spike with ferrule matching internal gutter width. 2. Fasteners for Stainless -Steel Sheet: Series 300 stainless steel. C. Solder: 1. For Stainless Steel: ASTM B 32, Grade Sn60, with acid flux of type recommended by stainless -steel sheet manufacturer. 2. For Zinc -Coated (Galvanized) Steel: ASTM B 32, Grade Sn50, 50 percent tin and 50 percent lead or Grade Sn60, 60 percent tin and 40 percent lead. D. Sealant Tape: Pressure -sensitive, 100 percent solids, polyisobutylene compound sealant tape with release -paper backing. Provide permanently elastic, nonsag, nontoxic, nonstaining tape'/2 inch wide and 1/8 inch thick. E. Elastomeric Sealant: ASTM C 920, elastomeric polymer sealant; of type, grade, class, and use classifications required to seal joints in sheet metal flashing and trim and remain watertight. F. Butyl Sealant: ASTM C 1311, single -component, solvent -release butyl rubber sealant; polyisobutylene plasticized; heavy bodied for hooked -type expansion joints with limited movement. G. Epoxy Seam Sealer: Two-part, noncorrosive, aluminum seam -cementing compound, recommended by aluminum manufacturer for exterior nonmoving joints, including riveted joints. H. Bituminous Coating: Cold -applied asphalt emulsion according to ASTM D 1187. 2.5 FABRICATION, GENERAL A. General: Custom fabricate sheet metal flashing and trim to comply with details shown and recommendations in cited sheet metal standard that apply to design, dimensions, geometry, metal thickness, and other characteristics of item required. Fabricate sheet metal flashing and trim in shop to greatest extent possible. 1. Fabricate sheet metal flashing and trim in thickness or weight needed to comply with performance requirements, but not less than that specified for each application and metal. 2. Obtain field measurements for accurate fit before shop fabrication. 3. Form sheet metal flashing and trim to fit substrates without excessive oil canning, buckling, and tool marks; true to line, levels, and slopes; and with exposed edges folded back to form hems. 4. Conceal fasteners and expansion provisions where possible. Do not use exposed fasteners on faces exposed to view. B. Fabrication Tolerances: Fabricate sheet metal flashing and trim that is capable of installation to a tolerance of 1/4 inch in 20 feet on slope and location lines indicated on Drawings and within 1/8-inch offset of adjoining faces and of alignment of matching profiles. C. Fabrication Tolerances: Fabricate sheet metal flashing and trim that is capable of installation to tolerances specified in MCA's "Guide Specification for Residential Metal Roofing." D. Expansion Provisions: Form metal for thermal expansion of exposed flashing and trim. 1. Form expansion joints of intermeshing hooked flanges, not less than 1 inch deep, filled with butyl sealant concealed within joints. 2. Use lapped expansion joints only where indicated on Drawings. E. Sealant Joints: Where movable, nonexpansion-type joints are required, form metal to provide for proper installation of elastomeric sealant according to cited sheet metal standard. F. Fabricate cleats and attachment devices from same material as accessory being anchored or from compatible, noncorrosive metal. G. Fabricate cleats and attachment devices of sizes as recommended by cited sheet metal standard for application, but not less than thickness of metal being secured. H. Seams: Fabricate nonmoving seams with flat -lock seams. Tin edges to be seamed, form seams, and solder. I. Seams: Fabricate nonmoving seams with flat -lock seams. Form seams and seal with elastomeric sealant unless otherwise recommended by sealant manufacturer for intended use. J. Seams for Aluminum: Fabricate nonmoving seams with flat -lock seams. Form seams and seal with epoxy seam sealer. K. Do not use graphite pencils to mark metal surfaces. 2.6 LOW -SLOPE ROOF SHEET METAL FABRICATIONS A. Copings: Fabricate in minimum 96-inch-long, but not exceeding 12-foot-long, sections. Fabricate joint plates of same thickness as copings. Furnish with continuous cleats to support edge of external leg and drill elongated holes for fasteners on interior leg. Miter corners, fasten and seal watertight. Shop fabricate interior and exterior corners. 1. Joint Style: Butted with expansion space and 6-inch-wide, concealed backup plate. 2. Fabricate from the Following Materials: a. Galvanized Steel: 0.040 inch thick. B. Base Flashing: Shop fabricate interior and exterior corners. Fabricate from the following materials: 1. Stainless Steel: 0.019 inch thick. C. Counterflashing: Shop fabricate interior and exterior corners. Fabricate from the following materials: 1. Stainless Steel: 0.019 inch thick. D. Roof -Penetration Flashing: Fabricate from the following materials: 1. Galvanized Steel: 0.028 inch thick. 2.7 WALL SHEET METAL FABRICATIONS A. Through -Wall Flashing: Fabricate continuous flashings in minimum 96-inch-long, but not exceeding 12-foot-long, sections, under copings, and at shelf angles. Fabricate discontinuous lintel, sill, and similar flashings to extend 6 inches beyond each side of wall openings; and form with 2-inch-high, end dams. Fabricate from the following materials: 1. Stainless Steel: 0.016 inch thick. B. Opening Flashings in Frame Construction: Fabricate head, sill, and similar flashings to extend 4 inches beyond wall openings. Form head and sill flashing with 2-inch-high, end dams. Fabricate from the following materials: 1. Stainless Steel: 0.016 inch thick. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements for installation tolerances, substrate, and other conditions affecting performance of the Work. 1. Verify compliance with requirements for installation tolerances of substrates. 2. Verify that substrate is sound, dry, smooth, clean, sloped for drainage, and securely anchored. 3. Verify that air- or water-resistant barriers have been installed over sheathing or backing substrate to prevent air infiltration or water penetration. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 UNDERLAYMENT INSTALLATION A. Felt Underlayment: Install felt underlayment, wrinkle free, using adhesive to minimize use of mechanical fasteners under sheet metal flashing and trim. Apply in shingle fashion to shed water, with lapped joints of not less than 2 inches. B. Self -Adhering Sheet Underlayment: Install self -adhering sheet underlayment, wrinkle free. Prime substrate if recommended by underlayment manufacturer. Comply with temperature restrictions of underlayment manufacturer for installation; use primer for installing underlayment at low temperatures. Apply in shingle fashion to shed water, with end laps of not less than 6 inches staggered 24 inches between courses. Overlap side edges not less than 3-1/2 inches. Roll laps and edges with roller. Cover underlayment within 14 days. 3.3 INSTALLATION, GENERAL A. General: Anchor sheet metal flashing and trim and other components of the Work securely in place, with provisions for thermal and structural movement. Use fasteners, solder, protective coatings, separators, sealants, and other miscellaneous items as required to complete sheet metal flashing and trim system. 1. Install sheet metal flashing and trim true to line, levels, and slopes. Provide uniform, neat seams with minimum exposure of solder, welds, and sealant. 11. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. (Seal - if Bid is by corporation) RESPECTFULLY SUBMITTED: Select Roofing Contractors, LLC CONTRACTOR BY: Zack Stanevich 6f212016 Printed Date Manager Title R-2414+ License Nuryjer (If Aopl (cable) Address 26114 South Timberline Road, Chit 109-182 Telephone Collins CO 80525 970-290-5393 Email zack@SelectRoofingContractors.com 2. Install sheet metal flashing and trim to fit substrates and to result in watertight performance. Verify shapes and dimensions of surfaces to be covered before fabricating sheet metal. 3. Space cleats not more than 12 inches apart. Attach each cleat with at least two fasteners. Bend tabs over fasteners. 4. Install exposed sheet metal flashing and trim with limited oil canning, and free of buckling and tool marks. 5. Torch cutting of sheet metal flashing and trim is not permitted. 6. Do not use graphite pencils to mark metal surfaces. B. Metal Protection: Where dissimilar metals contact each other, or where metal contacts pressure -treated wood or other corrosive substrates, protect against galvanic action or corrosion by painting contact surfaces with bituminous coating or by other permanent separation as recommended by sheet metal manufacturer or cited sheet metal standard. 1. Coat concealed side of and stainless -steel sheet metal flashing and trim with bituminous coating where flashing and trim contact wood, ferrous metal, or cementitious construction. 2. Underlayment: Where installing sheet metal flashing and trim directly on cementitious or wood substrates, install underlayment and cover with slip sheet. C. Expansion Provisions: Provide for thermal expansion of exposed flashing and trim. Space movement joints at maximum of 10 feet with no joints within 24 inches of corner or intersection. 1. Form expansion joints of intermeshing hooked flanges, not less than 1 inch deep, filled with sealant concealed within joints. 2. Use lapped expansion joints only where indicated on Drawings. D. Fasteners: Use fastener sizes that penetrate substrate not less than recommended by fastener manufacturer to achieve maximum pull-out resistance. E. Conceal fasteners and expansion provisions where possible in exposed work and locate to minimize possibility of leakage. Cover and seal fasteners and anchors as required for a tight installation. F. Seal joints as required for watertight construction. 1. Use sealant -filled joints unless otherwise indicated. Embed hooked flanges of joint members not less than 1 inch into sealant. Form joints to completely conceal sealant. When ambient temperature at time of installation is between 40 and 70 deg F, set joint members for 50 percent movement each way. Adjust setting proportionately for installation at higher ambient temperatures. Do not install sealant -type joints at temperatures below 40 deg F. 2. Prepare joints and apply sealants to comply with requirements in Section 079200 "Joint Sealants." G. Soldered Joints: Clean surfaces to be soldered, removing oils and foreign matter. Pre -tin edges of sheets with solder to width of 1-1/2 inches; however, reduce pre -tinning where pre - tinned surface would show in completed Work. 1. Do not solder metallic -coated steel sheet. 2. Do not use torches for soldering. 3. Heat surfaces to receive solder, and flow solder into joint. Fill joint completely. Completely remove flux and spatter from exposed surfaces. 4. Stainless -Steel Soldering: Tin edges of uncoated sheets, using solder for stainless steel and acid flux. Promptly remove acid flux residue from metal after tinning and soldering. Comply with solder manufacturer's recommended methods for cleaning and neutralization. 3.4 ROOF FLASHING INSTALLATION A. General: Install sheet metal flashing and trim to comply with performance requirements, sheet metal manufacturer's written installation instructions, and cited sheet metal standard. Provide concealed fasteners where possible, and set units true to line, levels, and slopes. Install work with laps, joints, and seams that are permanently watertight and weather resistant. B. Copings: Anchor to resist uplift and outward forces according to recommendations in cited sheet metal standard unless otherwise indicated. 1. Interlock exterior bottom edge of coping with continuous cleat anchored to substrate at 24-inch centers. 2. Anchor interior leg of coping with washers and screw fasteners through slotted holes at 24-inch centers. C. Copings: Anchor to resist uplift and outward forces according to recommendations in FM Global Property Loss Prevention Data Sheet 1-49 for specified FM Approvals' listing for required windstorm classification. D. Pipe or Post Counterflashing: Install counterflashing umbrella with close -fitting collar with top edge flared for elastomeric sealant, extending minimum of 4 inches over base flashing. Install stainless -steel draw band and tighten. E. Counterflashing: Coordinate installation of counterflashing with installation of base flashing. Insert counterflashing in reglets or receivers and fit tightly to base flashing. Extend counterflashing 4 inches over base flashing. Lap counterflashing joints minimum of 4 inches. Secure in waterproof manner by means of snap -in installation and sealant or lead wedges and sealant unless otherwise indicated. F. Roof -Penetration Flashing: Coordinate installation of roof -penetration flashing with installation of roofing and other items penetrating roof. Seal with elastomeric sealant and clamp flashing to pipes that penetrate roof. 3.5 WALL FLASHING INSTALLATION A. General: Install sheet metal wall flashing to intercept and exclude penetrating moisture according to cited sheet metal standard unless otherwise indicated. Coordinate installation of wall flashing with installation of wall -opening components such as windows, doors, and louvers. B. Through -Wall Flashing: Installation of through -wall flashing is specified in Section 042000 "Unit Masonry." C. Opening Flashings in Frame Construction: Install continuous head, sill, and similar flashings to extend 4 inches beyond wall openings. 3.6 ERECTION TOLERANCES A. Installation Tolerances: Shim and align sheet metal flashing and trim within installed tolerance of 1/4 inch in 20 feet on slope and location lines indicated on Drawings and within 1/8-inch offset of adjoining faces and of alignment of matching profiles. B. Installation Tolerances: Shim and align sheet metal flashing and trim within installed tolerances specified in MCA's "Guide Specification for Residential Metal Roofing." 3.7 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. C. Clean off excess sealants. D. Remove temporary protective coverings and strippable films as sheet metal flashing and trim are installed unless otherwise indicated in manufacturer's written installation instructions. On completion of sheet metal flashing and trim installation, remove unused materials and clean finished surfaces as recommended by sheet metal flashing and trim manufacturer. Maintain sheet metal flashing and trim in clean condition during construction. E. Replace sheet metal 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 076200 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 00440 CDOT Form #606, Anti -Collusion Affidavit 00450 CDOT Form #1413, Bidders List 00460 CDOT Form #1414, Anticipated DBE Participation Plan 00470 Buy America Certification 00480 Appendix A, 49 CFR Part 20, Certification Regarding Lobbying 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 Subcontractors 00430-1 00440 CDOT Form #606, Anti -Collusion Affidavit 00440-1 00450 CDOT Form #1413, Bidders List 00450-1 00460 CDOT Form #1414, Anticipated DBE Participation Plan 00460-1 00470 Buy America Certification 00470-1 - 00470-2 00480 Appendix A, 49 CFR Part 20, Certification Regarding Lobbying 00480-1 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 Davis Bacon Wage Rates Federal Terms & Conditions 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Select Roofing Contractors LLC as Principal, and Developers Surety 8 Indemnity Co , as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ five percent of amount of bid (5%) 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, 8198 Transfort Reroof. 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. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of May 23 , 2p 16 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 Name: Select Roofing Contractors LLC Address: 2614 S Timberline Rd #109-182 Fort Collins, CO 80525 By: Zack Stanevich Title: Ma C Member SURETY Developers Surety & Indemnity Company 5613 DTC Parkway, Suite 825 Greenwood Village, CO 80111 By: Scott Runyan Title: Attorney -in -fact (SEAL) M POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint —Ryan Hicks, Jay Hetzer, Scott Runyan, Jointly or severally — as their true and lawful Attomey(s)in•Facl, to make, execute, deriver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Ahomey(syin-Fact full power and authority to do and to perform every ad necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Adomey(syin•Fact pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board. the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Paver of Attorney. RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Pourer of Attorney or certificate bearing such facsimile signatures shad be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF„ DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015, By I G� `i AND /,y�� rC300?NyO�DanielYoung, Senior Vice•Presidenl yJ QEiPOO��OCT.— _ �� a 10 n BY �j 1936 0 Mark Lansdon, Vice-President?�O /OW P r�AV A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On January 29, 2015 before me, Lucille Raymond, Notary Public Diu H&O w.rt Nxm Kid TRY of me Orfm personally appeared Daniel Young and Mark Lansdon N-e(s) of sipns(t) .... �iMY�YAw • LUCILLf RJIYMDND _ Commis�ion 121}e1S�5 y Notary Pubffc • CaMomis arange County M Comm. Ex Ira Oct �133 20118 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hefsheithey executed the same in histher,4heir authorized capacity(ies), and that by hisfiedtheif signature(s) on the instrument the person(sj or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and coned. WITNESS my hand and official seat. Signature Lucill y ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this day of Cassie J. misford, Assistant Sectblary ID-1380(Rev.01f15) 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. Name of Bidder: Zack Stanevich with Select Roofing Contractors, LLC • - . - _.. - . itr.' t''ra t it : • ii.ri� 3. When organized: Oc fioper 2013 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 2.6ye,-irs i over 20 years in the roofing industry) 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) Clayton Elementary School: $229,098.00 completion date of July 31, 2015 Ross Charter School, NG Aurora & Frisco, Aims: $700,552 completed by Aug 31, 2015 Biel O Tires, Memory Care, Foothills, Columbine Apts: $513,010 completed by Sept 30, 2015 7. General character of Work performed by your company: �rrtrr alyn- _t* r.<t is t■ t"' fit' lt' rs t. •. it 8. Have you ever failed to complete any Work awarded to you? NQ_ If so, where and why? 9. Have you ever defaulted on a contract? NC) If so, where and why? 10. Are you debarred by any government agency? NO If yes list agency name. 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. FW* f. •ff ME Mf.e fryYCR-=- ! Windsor Charter Academy New Const Windsor: $125,000 completed Summer 2015 12. List your major equipment available for this contract. All associated roofing, tools and equipment including chote cutters rollers carts 13. Experience in construction Work similar in importance to this project: ��• f 1 !f f ►... f� • f � ! "` tf fit. . i 14. Background and experience of the principal members of your organization, including officers: Zack Stanevich: Graduate from CSU with a focus in construction management with more than 8 years in the roofing industry and over 15 years in construction. _ Nathan Lopez has more than 12 years in the roofing industry and over 20 eaters in the construction industry as a laborer, estimator, project coordinator, superintendent, anrf nppratinns Manager 15. Credit available: $ none needed, self financed. 16. Bank Reference: GnangntgBank anti Trwst C:nmpang; Tim Hill 970-454-419:4 Rory Mill, Branch Manager, 970-267-6803 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Yrr6 18. Are you licensed as a General Contractor? Lo If yes, in what city, county and state? What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? No If yes, what percent of total contract? And to whom? 20. Are any lawsuits pending against you or your firm at this time? Ljc-� IF yes, DETAIL 21. What are the limits of your public liability? DETAIL None What company? 22. What are your company's bonding limitations? _1500.000.0 bondiog opac4&r in progress 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 I V!� c7 f mthis 2nd day of June , 20 16 Company: Select Roofing Contractors, LLC By: Printed: Title: Manager State of Colorado County of Larimer is Zack Stanevich (Name) Zack Stanevich being duly sworn deposes and says that he of Select Roofing Contractors, LLC (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 day of J U V 1 e , 2011,0. 01 OptPublic My commission expires: S}"1 12 d I (Seal) Img ICK-MACKIE Buc ORADO 4030978 AUGUST 7, 201Jf 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 NA (we are self performing all of our work) COLORADO DEPARTMENT OF TRANSPORTATION PRO.IECTNO Transfort Reraof Bid No. 8308 ANTI -COLLUSION AFFIDAVIT LOCATiCN 6750 Partner Road Fort Collins CO 80524 1 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: I, The price(s) and amount of thls 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. 213. 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 t;rm 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. 38, No agreement has been promised or solicited for any other firm or person who Is a bidder or potential prime bidder on this project to 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 dscussion with, or Inducement or solicitation by or from any Arm 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 o1 value to any firm or person, whether In connection with this or any other project, In consideration for an agreement or promise by any Arm 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. S. 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. I 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, consuAatlon, 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. Ca; W sli n caY: Yrd select boo brig contractors, LLC ey Dare 6l2/2016 2614 S. Timberline Rd, Unit 109-182 7119 Fort Collins CO 80525 Zack Stanevicft, Manager 2ndomtwioreermorcanparyrwe viloorowureI Ely Date Sworn to before me this �� day of, J t.A I'l £e. 20 t„o Notary Pibro My tarn lion qM4 1 JORDYN KIRKPATRICK-MACKiE NOTARY PUBLIC I I STATE OF COLORADO NOTE: This document must be signed in ink. r ITVIART IV LYIRWIPI"to CbOTForm e606 1/02 MYCOMM*N EXPIRES AUWST 7, 2Q1Is COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST Project Name and Number Project Code I Proposal Date Contractor Region Transfort Reroof,#8308 18338 6/212016 1 Select Rooting Contractors, LLC Co ubcontmctors/5uppfiefsNendors: The bidder must list all firms seeldng to participate on the contract. This Information Is used by the jr,oloradG Department of Transportation (COOT) to determine overall goals for the Disadvantaged Business Enterprise Program. Failure to Isubmit this form may result in the Proposal being rued. Firm Name Email Work Proposed Selected (Select all that apply) �(DSE,� YM(Y/N) Roofing SuDDIv GrDUD MwerDvC@rsgroof.com I TPO Materials NI Y 1 Streamline Crane Service I streamfinecrane(W-yahoo.com I Hoisting Service I N ( Y j Heimhuck Disnosal I tiln a0heimbuckdisosal.com I Trash Service I N I Y 11 certifvi that the Informsbon provided herein is true and cwvW to oehest of my knowledge. — J Work Propossd Csrepodhs: 1 Materials and Supplies 2 Flagging and Traffic Control 3 Trucking and Hauling 4 Precast Concrete Foundakons and Footings 5 Concrete Paving Flaaidrk and Repair 6 Lighting and Efecmcal 7 Signs, Signal Installation and Guardrail a Fencing 9 8u!1dingS and Vertical Structures 10 Utrtity Water and SesFer tines be submitted by the r 1 Sinictural Steel and Steel Remtorcement 12 Riprap and Anchoiad Retaimog Walls 13. Landscape and Erosion Control to Bridge and Badge Deck Construction 15 Asphalt Paving 16 Road and Parking Lot Afarking 17 Chip Seal Crack Seat Joint Seal and Crack Fill 18 Bridge Painting and Coating 19 Stainsay and Ornamental Afetal 20 Parkng tots and Commercial Sidewalks submit to Date 21 Cleating Demolition. Excavation and Earttrn<xk 22. Engineering and Surveying Semces 23 Public Relations and fnv ivement 24 Piles and Deep FoundaAons 25 Waste Management and Recycling 26 Site Clean Up 27 Afechanrcaiand HVAC 28- Tunnel Construction 29 Pmhhng and Gnnding 30 Environmental Health and Safety COOT Form #1413 01/14 SECTION 00020 INVITATION TO BID COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: Select Roofing Contractors, LLC Project Transfort Reroof Contact Zack Stanevich Project Code: 8308 Phone: 970-290-5393 Date of Proposal 6/2/2016 Email. Zack selectroofin contractors.com Contract Goal „ Preferred Contact Method email Region. Colorado DBE Firm Name Work to Be Performed Commitment Amount Eligible Participation American Industrial & Const. Supply Supply Insulation for the project $73,951.00 Yes, 22% Horizon Sheet Metal Inc. Fabricate Sheet Metal for project $4,875.00 Yes I% Total Eligible Participation Total Bid Amount Total Eligible Partici ation Percentage 1 23% _ u _ MddsrSlgnafurt 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 follovving CDOT shall not award a contract unti! 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 modified or terminated witheut 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 will 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 and instructions on calculating eligible participation, see the Standard Special Provision Disadvantaged Business Enterprise Requirements. Zack Stanevich Manager 612116 Name Title natur Date This form must be submitted by the proposal deadline. For CDOT projects, submit to cdot—hq_dbeformsp_state.co.us. Civil Rights and Business Resource Center CDOT Form # 1414 01/14 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. BIDDER MUST SIGN ONE (1) OF THE FOLLOWING: Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 5323&)(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 Signat Company Name Select Roofing Contractors, LLC Manager Title Certificate of Non -Compliance with 49 U.S.C. 5323U)(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 53236)(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. 53236)(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. 5323(j)(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 SECTION 00480 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, Select Roofing Contractors, 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 certification an dis osure, if any. Signature of Contractor's Authorized Official Zack Stanevlch, Manager Name and Title of Contractor's Authorized Official 6/2/2016 Date SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: June 24, 2016 TO: Select Roofing Contractors LLC PROJECT: 8308 Transfort Reroof OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated June 2, 2016 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8308 Transfort Reroof. The Price of your Agreement is Three Hundred Fifty -One Thousand Dollars ($351,000). The Price equals the Total Base Bid plus Addition/Alternate #4 and less a negotiated discount of ($10,187) to meet the maximum budget for the project. Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by July 7, 2016. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contest Documents af'ached. �,44m6 CAM-�RE"s 5 ctcr'17,00,G„�/G ��nr�Ieq� ag 5 OWNE Gerry Pauv Purchasing Director SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 24th day of July in the year of 2016 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Select Roofing Contractors 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 8308 Transfort Reroof . ARTICLE 2. ENGINEER The Project has been designed by the City of Fort Collins, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Completed by the Contractor, in accordance with Article 3 of the General Conditions, as evidenced by the issuance of certificate of Substantial Completion, by Decembe�X,2016 31 3.2 The Work must be completed by the Contractor and ready for final payment _ p in accordance with Article 3 of the General Conditions within 14 calendar days after Substantial Completion. 3.3. 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) 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, Three Hundred Dollars ($300) for each calendar day or fraction thereof that expires after the Fourteen (14) 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: Three Hundred Fifty -One Thousand Dollars ($351,000), 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 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no SECTION 00020 INVITATION TO BID Date: April 21, 2016 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on May 26, 2016, for the Transfort Reroof; BID NO. 8308. 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 8308. The Work consists of removing the existing 3-ply built-up roof and insulation down to the metal decking, and then installing new R30 ISO insulation, 1/2" cover board and white 60 mil TPO roof. This is a Federally funded project and the DBE goal is 5%. In order for a bidder to be responsive one must make a good faith effort to meet the DBE goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient to meet the goal. Second, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve the DBE goal which by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if the goal is not met. These good faith efforts must be completed prior to submittal of the bid. For additional guidance regarding good faith efforts see 49 CFR Part 26 including Appendix A. To meet the DBE eligibility requirements, DBE firms must be certified by CDOT. The CDOT DBE Directory is available at https://www.codot.gov/business/civilrights/dbe. If the apparent low bidder does not meet the project DBE goal, three copies of the contractor's good faith effort needs to be submitted to the City of Fort Collins Purchasing Department by 4PM on the next business day after bid opening. Bidders must complete, sign and submit with the bid all documents in Sections 00300 and 00400 including but not limited to CDOT Bidding forms 606, 1413 and 1414, Buy America Certificate, and Lobbying Certificate with the bid. Bids will not be accepted if these documents are not included. 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. The City of Fort Collins has adopted a new Dust Prevention and Control Manual: http://www.fcgov.com/purchasin /pc� df/d_ust prevention control manual pdf. All operations conducted under this Agreement shall be performed in accordance with the stated procedures and requirements. 161"10, 11aIS M 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. OF FORT GERRY PfVL PURCHASING DIRECTOR Date: V0 LCi Attest: w w I/* City Clerk Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Approved t m (7,l )hK Assistant ity At orney INS CONTRACTOR: SELECT ROOFING CONTRACTORS LLC By: _ 7"� '4� «i IL S-�kKtvc, Vl PRINTED Title: Mt µ «xr- e, Date: l 'q [ (o (CORPORATE SEAL) Attest: Address fbr giving notices: F (- Co VGSJX.E; License No.: Z - d N t ut * SECTION 00530 NOTICE TO PROCEED Description of Work: 8308 Transfort Reroof To: Select Roofing Contractors 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 I S day of Cie- 20. 3 The d tes for Substantial Completion and Final Acceptance shall be 20 and 2016, respectively. 74.vw-"&- City of F6rt Collins OWNER By: Title: ProLe r ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this / day of , 20 1 6,. CONTRACTOR: Select Roofing C ntractors LLC By: Title: l i Lt K•�+ c 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 00615 PAYMENT BOND Bond No. 506263P KNOW ALL MEN BY THESE PRESENTS: that Select Roofing Contractors LLC 2614 S Timberline Road, Unit 109-182, Fort Collins, CO 80525 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) Developers Surety & Indemnity Company (Address) 17780 Fitch, Suite 200, Irvine, CA 82614 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of Three Hundred Fifty -One Thousand Dollars ($351,000) 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 24th day of Jam, 2016. s copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8308 Transfort Reroof. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 18th day of August 20 16 IN P ESENCE OF: Principal J4—A,, Zack Stanevich /Vl CA n Managing Member (TI (Title) (Corporate Seal) IN P ESENC OF: o Yt/Lrn.r\ CL IN PRESENCE OF: 1 e f� P"ZZc 4i (Surety Seal) 2614 S. Timberline Rd., #1094182, Fort Collins, CO 80525 (Address) Other Partners By: Nathan Lo By: e(Aak'- 'e- Surety BY Scott P. Runyan ,!�/1��it�`'t,✓�'s�"'_'�-- 101 E. Main St., Windsor, CO 80550 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: "'Ryan Hicks, Jay Helzer, Scott Runyan, jointly or severally — as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorn ey(s)-in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015. By. \=1)alt� c-u AND �NOMpAN Y O� Daniel Young, Senior Vice -President ' c�J;; GORPOR�y ; >; O QPPOp'X 9 OCT. t<`OCT. 5 10 l t ' O By: 1967 Mark Lansdon, Vice -President Ada, �g4IF0Vl' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On January 29 2015 before me, Lucille Raymond Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized iYi� capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of LUCILLE RAYMOND which the person(s) acted, executed the instrument. — Mo 9_1 Commission # 2081945 i `�_ Notary Public - Callfornia I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Z Orange County true and correct. M Comm. Expires Oct 13, 2018� WITNESS my hand and official seal. Place Notary Seal Above Signature Lucillr y ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this day of Cassie J eirrisford, Assistant Se tary ID-1380(Rev.01/15) SECTION 00610 PERFORMANCE BOND Bond No. 506263P KNOW ALL MEN BY THESE PRESENTS: that Select Roofing Contractors LLC 2614 S Timberline Road, Unit 109-182, Fort Collins, CO 80525 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Developers Surety & Indemnity Company (Address) 17780 Fitch, Suite 200, Irvine, CA 82614 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Three Hundred Fifty -One Thousand Dollars ($351,000) 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 24th day of July, 2016. s copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8308 Transfort Reroof. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 18th day of August , 20 16 IN P SENCE OF: (Title) C e �C1 rtcl r� (Corporate Seal) IN PRESENCE F: e 1 jJ (Surety Seal) Principal Zack Stanevich Managing Member (Title) 2614 S. Timberline Rd., #1094182, Fort Collins, CO 80525 (Address) Other Partners BY: Nathan Lopez By: Surety By: Scott P. Runyan 101 E. Main St., Windsor, CO 80550 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Ryan Hicks, Jay Helzer, Scott Runyan, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015. By: Gl�l Qu ���.,AND yNp -."., p�PAN Y O Daniel Young, Senior Vice President ' c,`�; 'VORPOR9T''.?> '"`;. ��' O? PO t' D: ; OCT. t -C w OCT. 5 Cr =n . 10 c> O By: =: O 1 9 3 6 O< u� 1967 Mark Lansdon, Vice President 7OWP,,....... .,... ...*... A notary public or other officer completing this certificate verifies only the identity of the individual who signe�the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen State of California County of Orange On January 29 2015 before me, Lucille Raymond Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized rat mmi capacity(ies), and that by his/her/their signature(s) on the instrument the persons), or the entity upon behalf of LUCILIE RAYMOND which the persons) acted, executed the instrument. Commission +R 2081945 Z It Notary Public • California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ZOrange County true and correct. M Comm. Expires Oct 13, 2018 WITNESS my hand and official seal. Place Notary Seal Above Signature tk Lucill y ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this day of By: i Ate'' '1c't.... Cassie J. rrisford, Assistant Se tary ID-1380(Rev.01/15) 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 All questions must be submitted in writing via email to Ethan Cozzens, ecozzens(a)fcgov.com, and Doug Clapp, dclapp(o)fcgov.com no later than 5:00 PM our clock on May 11, 2016. Questions received after this deadline will not be answered. The Contract Documents and Construction Drawings may be examined online at: • Rocky Mountain E-Purchasing System: vvww.rocky mountainbidsystem.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. 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 SELEC-2 OP ID: MB CERTIFICATE OF LIABILITY INSURANCE DA08/17/2016TE Y) 08/17/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Renaissance Insurance Group PHONE Scott P. Runyan FAx P O Box 478 A/c, No. Ell: 970-674-8825 c No): 970-674-8826 101 E Main Street A Windsor, CO 80550 ADDRESS: SS: srunyan@reninsurance.com Windsor, Scott P. Runyan INSURER(S) AFFORDING COVERAGE NAIC# INSURED Select Roofing Contractors,LLC Zack Stanevich 2614 S Timberline Rd #109-182 Fort Collins, CO 80525 A: Gemini Insurance Company B:Ohio Security Ins. Co. c:National Union Fire Insurance_ D:Pinnacol Assurance INSURER E : INSURER F : CnVFRAnFS CERTIFICATE NI IMRFR• OPWICIrw nn leecx1=1D• 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. INTR TYPE OF INSURANCE ADDL INsp SUBR WV POLICY NUMBER Y E POLICFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X VCGP050200 01/08/2016 01/08/2017 EACH OCCURRENCE $ 1,000,00 $ 50,00 $ 5,00 $ 1,000,00 $ 2,000,00 $ 2,000,00 $ PREMISES Ea occurrence MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: POLICYFX] ECT LOC P1. OTHER GENERAL AGGREGATE PRODUCTS - COMP/OP AGG d AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS X BAS56019150 03/12/2016 03/12/2017 Ea BIKED SINGLE LIMIT $ 1,000,000 $ X BODILY INJURY (Per person) X BODILY INJURY Per accident ( ) $ PROPERTY DAMAGE Per accident $ _ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EBU034204512 09/23/2015 01/08/2017 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,00 DED I X RETENTION $ 0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 4171398 03/01/2016 03/01/2017 PER Th- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ 1,000,00 E.L. DISEASE - POLICY LIMIT - $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) dclapp@fcgov.com; Certificate wording is subject to policy forms, conditions, definitions and exclusions. Project: Transfort Center reroof, 6750 Portner Rd Ft Collins CO. City of Fort Collins, its officers, agents & employees are included as additional insured with respect to General Liability and Auto Liability. ctK I IFICA I t HULOtR CANCELLATION City of Fort Collins 300 LaPorte Ave Fort Collins, CO 80522 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 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8308 Transfort Reroof PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Select Roofino Contractors LLC CONTRACT DATE: July 24. 2016 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 M • 90 The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Select Roofing Contractors LLC Gentlemen. - You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Select Roofing Contractors LLC for the City of Fort Collins project, 8308 Transfort Reroof. 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 July 24, 2016. 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: Select Roofing Contractors LLC (CONTRACTOR) PROJECT: 8308 Transfort Reroof 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. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20_ CONTRACTOR: SELECT ROOFING CONTRACTORS LLC M Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_ by Witness my hand and official seal. Notary Public My Commission Expires: SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Select Roofing Contractors LLC PROJECT: 8308 Transfort Reroof CONTRACT DATE: July 24, 2016 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) 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 - i 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 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 lies) where project is located) Scheduled Month Day Year Estimated Month Day Year I 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 OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Comm ittee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) SECTION 00100 INSTRUCTIONS TO BIDDERS Article or Paragraph Number & Title TABLE OF CONTENTS OF, GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS ............................ .. ......... .... __ ... I 1.1 Addenda .............................................1 L2 Agreement ......... ..................... ......... J 1-3 Application for Payment,,,,,,,,,,,,,,,,,,,,,, 1 1.4 Asbestos ................................... J 1-5 Did ................ 1.6 Bidding Documents .................. 1.7 Bidding Requirements.... ...................... 1.8 Bonds .................................................1 19 Change Order... ...... ................. ...... __1 1.10 Contract Documents .........................J. 1.11 Contract Price.,.,. . ......... ..................... 112 Contract Times..-.................................1 1,13 CONTRACTOR ..................................1 1,14 defective............................................1 1,15 Drawings ............................................1 L16 Effective Date of the Agreement„_._,.... 1 1.17 ENGINEER ........................................1 1.18 ENGINEER's Consultan......................1 1.19 Field Order ..........................................1 L20 General Requirements .......................... 1-21 Hazardous; Waste.................................2 1.22'a Laws and Rtgulations-, Laws or Regulations..„.............. .................... 1.22.b Legal Holidays. .................................... 2 1.23 Liens,_._ ............................................. L24 Milestone" 1.25 Notice of Award ......... ........ L26 Notice to Proceed.................................2 1.27 OWNER ............. ............................... 2 1.28 Partial Utilization ....................... ........ 2 1.29 PCBs..................................................2 1.30 Petroleum.._.......................................2 131 Project...._ .............................. ........... 2 1.32.a Radioactive Material............................2 1.32-b Regular Working Hams ........................ ? L33 Resident Project Representative.,.,,,,,,,,-2 1.34 Samples ..............................................2 1.35 Shop Drawings ............ . _ ................... 2 1,36 Specifications .....................................2 L37 Subcontractor.....................................2 1.38 Substantial Completion ....................... 1.39 Supplementary Conditions .................... 2 1.40 Supplier..............................................2 1.41 Underground Facilities-_. - . ............. 2-3 1 A2 Unit Price Work ........ ..................... 3 1,43 Work ..................................................3 L44 Work Change Directive_ ..................... 3 1.45 Written Amendment, .......................... 3 Page Number 2. PRELIMINARY MATTERS ................................ 3 2.1 Delivery of Bonds .............................3 2.2 Copies of Documents ....................... 2.3 Commencement of Contract Times, Notice to Proceed ...... ....... 2A Starting the Work ............................3 2.5-2.7 Before Starting Construction. CONTTRACTOR!s Responsibility to Report; Preliminary Scheddes. Delivery of Certificates of Insurance ....... ...... 34 2.8 Preconstruction Conference,,,,,,,,,,,,, 4 2.9 Initially Acceptable Schedules .......... 4 3. CONTRACT DOCUMENTS: INTENT, AN =,ING, REUSE,..._ ......................... ...... A 3.1-3.2 Intent ................ ....... .... __4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies . .............. ................. 4-5 3A Intent of Certain Terms or Adjectives .................................... 5 3.5 Amending Contract Documents.,,-,,,..5 16 Suppl em enting Contract Docum ents ................................... 5 3.7 Reuse of Documents_ ......................5 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 ......................0 4.2.2 Limited Reliance by CONTRAC- TOR Authorized, Technical Data............................................. 6 4.2.3 Notice of Differing Subsurface or Physical Conditions ..................6 4.2.4 ENGTNEER!s Review ....................... 0 4-2.5 Possible Contract Documents Change.............. ...........................6 4.2.6 Possible Price and Times Adjustments ............................ 4.3 Physical Conditions -Underground Facilities ....................................... 7 4.3,1 Shown or Indicated_ ......... _ .... . . _3 4.3.2 Not Shown or Indicated ......... ...... _ 7 4.4 Reference Points......... ..................... 7 EKIDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS 0TV 9/99) 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..................... ........................ 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance .................... 8 5A CONTRACTOR's Liability Insurance..........................................9 5.5 OWNER's 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 Proesion 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts10 5.10 Other Special Insurance ...............,,,... 0 5.11 Waiver of Rights ...................... "" ..... 11 5.12-5.13 Receipt and Application of Insurance Proceeds .................. ...10-11 5,14 Acceptance of Bonds and Insm- ance; Option to Replace, .......... ........ 11 5.15 Partial Utilization --Property Insurance ......... . ....... . ..................... I I 6. CONTRACTORS RESPONSIBILITIES ...............11 6.1-6.2 Supervision and Superintendencg....... 11 6.3-6.5 Labor, Materials and Equipment,., 11-12 6.6 Progress Schedule., .............. ..... __ J 2 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR s Expense; Substitute Construction Methods or Procedures; ENGINEER'S Evaluation12-13 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 ofPremises.................................15 6,17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading„ ................... J 5 6.19 Record Documents .............................15 6,20 Safety and Protection ....................15-16 6.21 Safety Representative......_.................16 6.22 Hazard Communication Program; ...... 16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Sample*..............16 625 Submittal Proceedures; CON- TRACTORs Review Prior to Shop Drawing or Sample Submittal .................................... 16 6,26 Shop Drawing & Sample Submit- tals Review by ENGINEER_ _.16-17 627 Responsibility for Variations From Contract Dlocuments............17 6.28 Related Work Performed Prior to ENGfNEER's Review and Approval of Required Submittals...._ 6.29 ............ . ................17 Continuing the Work_,._.................17 6.30 CONTRACTOR's General Warranty and Guarantee.............17 6.31-6.33 Indemnification, , 17-18 6.34 Survival of Obligations... ................ JS 7. OTHER WORK .. ............................................... IS 7.1-7.3 Related Work at Site.......................IS 7.4 Coordination.................................Is OWNER'S RESPONSIBILITIES 18 &I Communications to CON- TRACTOR.................................18 8.2 Replacement of ENGINEER„ ........18 8.3 Furnish Data andPay Promptly When Due..................................18 SA Lands and Easements; Reports and Tests.............._„._,..,._._.18-19 8.5 Insurance.......................................19 8.6 Change Orders...............................19 8.7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRACTORS Services .....................................19 8.9 Limitations on OWNER`S Responsibilities .... _....... ............. 19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ,,,,,,,,,,,,,,,,,,„19 8.11 Evidence of Financil Arrangements ...... ... .......... ..... ... :19 ENGINEER'S STATUS DURING CONSTRUCTION............._......................:.......19 9.1 OWNERs Representative...............19 9.2 Visits to Site........... _....................19 9.3 Project Representative ...............19-21 9A Clarifications and Interpre- tations.........................................21 9.5 Authorized Variations in Irk 21 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work.................21 9.7-9.9 Shop Drawings, Change Orders and Payments....................................21 9.10 Determinations for Unit Prices..,,,. 21-22 9,11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter..............22 9.13 Limitations on ENGINEERS Authority and Responsibilities.,,,22-23 CHANGES IN THE WORK.......................................23 10.1 OWNER's Ordered Change, ... ........... 23 14 10.2 Claim for Adjustment ....................... 23 10.3 Work Not Required by Contract Documents......................................23 10.4 Change Orders ... ............ ................... 23 10.5 Notification of Surety, _,,,_,.,,,-„_.,. ..... 23 CHANGE OF CONTRACT PRICE .............................23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work .................................... 3-24 11.4 Cost of the Work.... I L5 Exclusions to Cost of the Work.._ ....... 25 I L6 CONTRACTOR's Fee..,,.., 11.7 Cost Records.................................25-26 11.8 Cash Allowances...............................26 11.9 Unit Price Work ................................ 26 CHANGE OF CONTRACT TINES ............................26 12.1 Claim for Adjustment.., ...................... 2.6 12.2 Time of the Essence ..........................26 12.3 Delays Beyond CONTRACTOR's Control ...................................... 26-27 12.4 Delays Beyond OWNER's and CONTRACTOR's Control, ........ ...... 27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEC77PE WORK__ . ....... _ .... ........... _ ......... 27 13A Notice of Defects...............................77 13.2 Access to the Work ...........................27 13.3 Tests and Inspections; CONTRACTOR's Cooperation..,,,-,,,27 13.4 OWNER's Responsibilities; Independent Testing Laboratory ..... ,27 13.5 CONTRACTOR's Responsibilities. ................. .......... 27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval.................27 13.8-13.9 Uncovering Work at ENGI- NFTUR!s Request ....... .............. 27-28 13.10 OWNER May Stop the Work .......... 28 13,11 Correction or Removal of Defective Work ...........................28 13.12 Correction Period. .................. ... ... 28 13.13 Acceptance ofDefective Work_ ..... ,28 13.14 OWNER May Correct Defective Work , ............ _ _.................. 2 8-29 PAYMENTS TO CONTRACTOR AND COMPLETION.... ............... ............ ............ ,.. .... 9 14.1 Schedule of Values .........................29 14.2 Application for Progress Payment................1.1..1........... _... 29 14.3 CONTRACTOR's Warranty of Title...._ 29 14.4-14.7 Review of Applications for Progress Payments ................. 29-30 14.8-14.9 Substantial Completion..................30 14.10 Partial Utilization ......................30-31 14.11 FinalInspection ............................31 14.12 Final Application for Payment ... ... 131 14.13-14.14 Final Payment and Acceptance ....... 31 14.15 Waiver of Claims, .....................31-32 15, SUSPENSION OF WORK AND TERMINATION ............................................... 32 15.1 OWNER May Suspend Work..., ...... 32 15.2-15A OWNER May Terminate,,,,,,,,,,,,,,,, 32 15.5 CONTRACTOR May Stop Work or Terminate,,,,,,,,,,,,,,,„ 32-33 16. DISPUTE RESOLUTION .................................. 33 17. MISCELLANEOUS.......,..._..............................33 17.1 Giving Notice ................................ 33 17.2 Computation of Times....................33 17.3 Notice of Claim.._..........................33 17.4 Cumulative Remedies. ... .......... _....33 IT5 Professional Fees and Court Costs Included ............................ 33 17.6 Applicable State Laws ........... _ 33-34 Intentionally left blank,, ..... .......... _ ..... 35 EXHIBIT GC .A: (Optional) Dispute Resolution Agreement ............ _........ GC -AI 16.1-16.6 Arbitration, ............................GC -Al 16.7 Mediation, ....... . . . .................. GC -Al EJCDC GENERAL. CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODMCATIONS (REV 9199) City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of - Bonds and Insurance ........................................ 5.14 defective Work,,,,,,,,,,,,,,............ ..10.4.1, 13.5, 13.13 final payment.....9,12, 14M ....................... insurance,-_.. ...... .............................. . ............. 5.14 other Work. by CONTRACTOR...._....................7.3 Substitutes and "Or -Equal" Item s.....................F.7.1 Work by OWNER..............................2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities ............................................. 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 ENGINEER_._....................._...............6.20, 9.133 OWNER..................................:.................6.20, 8.9 Addenda --definition of (also see definition of Specifications) ..... ,,(1.6, 1.10, 6.19). 1.1 Additional Property Insurance* ............................ ..... 5.7 Adjustments -- Contract Price or Contract Times, ......... ........... 1. 5, 3.5, 4.1, 4.3.? 4.5.2, .............. 4.5.3, 9.4, 9.5. 10.2-10.4, ..................................11, 12, 14.8, 15.1 progress schedule .............................................. 6.6 Agreement— definition of ...................................................... ).2 "All -Risk" Insurance, policy foriq................... ....5.42 Allowances, Cash....................................................11.8 Amending Contract Documents ................................ 3.5 Amendment, Written -- in general ........ ... _.1,10, 1.45, 3.5, 5,10, 5.12, 6.6.2 ........................6.8.2, 6.19, 10.1. 10.4, 11.2 111, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to,,,,,,,,,,,,,,,,,,,,,,,,,,9.10, 9.11, 10A. 16.2, 16.5 Application for Payment -- definition of ................................... 1.3 ENGINEERS Responsibility ............................... 9.9 final payment .... _.............. .13.4, 9.13.5, 14,12-14.15 in general._. . . ......... __ .... 2. 8, 2.9, 5.6.4, 9,10, 15.5 progress paymen....................................... 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.................................................,.....1A Article or Paragraph Number OWNER responsibility for,,,,,,,,,,,,,,,,,,,,,,, ,4.5.1, 8.10 possible price and times change.,,,,_„ ...............4.5.2 Authorized Variations in Work ......... �,6, 6.25, 6.27, 9.5 Availability of Lands.........................................4.1, 8.4 Award, Notice of--defined.......................................125 Before Starting Construction..............................z.5-2.8 Bid --definition of ........................1.5 (1.1, 1,10, 2.3, 3.3, .......I ................ 4.2.6.4, 6.13, 11.4.3, 119.1) Bidding Documents -definition of . ..... ............................ .........._...1,6 (6.8.2) Bidding Requirements --definition of..........................................1.7 (1.1. 4.2.6,2) Bonds -- acceptance of..................... ........................ .......5,14 additional bonds.............. „.,10.5, 11.44.5.9 Cost of the Work............................................11.5.4 definitionof..................................,.........,,.,..,...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 ................ J.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, 3,15 Cash Allowances, ........... ....................................... J1.8 Certificate of Substantial Completion ........ 1.38, 6.30.2.3, .................. ........................... .....14,8, 14.10 Certificates of Inspection ........... ..... _9.13.4, 13.5, 14.12 Certificates of Insurance.............2.7, 5.3, 5.4,11, 5.4.13, __..___..............5.6.5, 5.8, 5.14, 9.13.4, 14,12 Change in Contract Price -- Cash Allowances 11.8 claim for price adjustment.......... 4.1, 4.2.6. 4.5. 5.15, 6.8.2. 9.4 ,,..,... I ...... .5. 9.11. 10.2, 10.5. 112. 13.9. ....................... 13.13.13.14,14.7,15.1,15.5 CONTRACTOR's fee.........................................11,6 Cost of the Work general .................... . ..........................11 A-11.7 Exclusions to,.... ......................................... IL5 CostRecords ............................. . .......................11.7 in general.............1.19, 1.44, 9.11, 10.4.2, 10.4.3. 11 Lump Sum Pricing .......................................... 11.3.2 Notification of Surety. ......................................10.5 Scope of....................................................10.3-10.4 Testing and Inspection, Uncovering the Work_...............................13.9 EJCDC OENER.A.L CONDITIONS 1910.8 (1990 EDITION) wt CITY OF FORT COLLINS MODIFICATIONS (EV 9199) Unit Price Work...._.._...._.. _.__......_.._._.... 11.9 Article or Paragraph Number Value of Work..................................................11.3 Change in Contract Times— Claim for times adjustment ........ 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5,12.1, 13.9, 13.23, 13.14, 14.7, 15.1, 15.5 Contractual time iimitg.....................................12.2 Delays beyond CONTRACTOR's control..................................................... . ..12.3 Delays beyond OWNERs and CONTRACTORs control............................12.4 Notification of surety .........................................M5 Scopeof change........................................10.3-10.4 Change Orders -- Acceptance of Defective Work... Amending Contract Documents ..........................3.5 Cash Allowances..............................................11.8 Change of Contract Prig.....................................I i Change of Contract Times...................................12 Changes in the Work..........................................10 CONTRACTOR's fee........................................11.6 Cost of the Work.......................................11.441.7 CostRecords....................................................11.7 definition o(.......................................................1.9 emergencies.....................................................0.23 ENGINEERsresponsibility .... .... .8, 10,4, 11.2, 12.1 execution of.........................................._...........10.4 Indemnifictioq .........................6.12, 6.16, 6.31-6.33 Insurance, Bonds and- ,,,,,,,,,,,5.10, 5.13, 10.5 OWNER may terminate ... ........ .................. .15.2-15.4 OWNERS Responsibility... .................. ....... $.6,10.4 Physical Conditions — Subsurface and.............................................4.2 Underground Facilities................................ .3.2 Record Documcttts...........................................6.19 Scope of Change.......................................103-10.4 Substitutes.............................................6.7.3, 6.8.2 Unit Price Work...............................................11.9 value of Work, covered by.................................11.3 Changes in the Work.................................................10 Notification of surety.,. ..... ..... .... ........... OWNERS and CONTRACTORs responsibilities...........................................10.4 Right to an adjustment......................................10.2 Scope of change........................................10.3-10.4 Claims -- against CONTRACTOR,............ ......... ............. 6.16 against ENGINEER....... .................................. 6,32 against OWNER, ........................ . .................. 0.32 Change of Contract Price ............................ .9-4. 11.2 Change of Contract Times ...........................9.4. 12.1 CONTRACTOR's............. A. 7.1, 9.4, 9.5, 9,11.10.2, ...........................11.2, 11.9, 12.1. 13.9, 14.8. ............................................15.1, 15.5,17.3 CONTRACTOWs Fee. _....................................11.6 Article or Paragraph Number CONTRACTORs liability,,,,,,,,., 5.4, 6.12, 6,16, 6.31 Cost of the Work ...... ......... ............ ............ 11.4,11.5 Decisions an Disputed .............................. 9.11, 9.12 Dispute Resolution............................................16.1 Dispute Resolution Agreement ................. 16.1-16 6 ENGINEER as initial interpreta> .......................9.11 Lump Sum Pricing........................................11.3.2 Noticeof..........................................................17.3 OWNERs....................9.4. 9.5. 9.11, 10,2, 11.2, 11.9 ,,,,,,,,,,,,,,,,,,* 12A. 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.....................................................17.5 request for formal decision ort ...........................9,11 Substitute Items.............................................6.7.11 Time Extension ............................. .................... 12-1 Tim e requirements .......... .......................... ,11, 12.1 Unit Price Work.............................................11.9.3 Valueof...........................................................1.1.3 Waiver of --on Final Payment.................14.14, 14.15 Work Change Directive . ........................... .,,....,.10.2 written notice required .....................9.11, I1.2, 12.1 Clarifications and Interpretation;.............16.3, 9.4, 9.11 CleanSite............................................................4..i7 Codes of Technical Society, Organization or Association..................................................3.3.3 Commencement of Contract Times ................ ..........23 Communications-- general..............................................6.2, 6.9.2, 8.1 Hazard Communication Program4 :....................C.22 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 ......................1.38. 14.8-14.9 Waiver of Claims............................................14.15 Computation of Timeg...............................17.2.1.17.2.2 Concerning Subcontractors, Suppliers and Others.................................................6.8 6.11 Conferences -- initially acceptable schedules .............................. 2.9 preconstruction...................................................2.8 Conflict, Error. Ambiguity. Discrepancy -- CONTRACTOR to Report_ ....................2.5, 3.3.2 Construction, before starting by CONTRACTOR ........................................... 2. 5-2. 7 Construction Machinery. Equipment, etc..................6.4 Continuing the Work ..................................... 6.29, 10.4 Contract Documents — Amending..........................................................3.5 Bonds............................................................. 5.1 EXDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLONS MODIFICATIONS MEV 9;99) Cash Allowances_._..._ _ ....... ... _ ....... _ ....... ... )I.$ Article or Paragraph Number Change of Contract Pric4 ....................................11 Change of Contract Times..................................12 Changes in the Work ................................ 10,4-10,5 check and verify ................................................ 2.5 Clarifications and interpretations .........................32, 3.6, 9A, 9.11 definition of.....................................................1.10 ENGINEER as initial interpreter of.....,,......... _931 ENGINEER as OWNER!s representative..............9.1 gencrall) Insurance. ........ ................................................. 5.3 Intent........................ ........... ................... 3.1-3.4 minor variations in the Work._ .............. __ ........ 3,6 OWNERs responsibility to furnish data, ... ____.8.3 OWNEWs responsibility to make prompt payment ................. ___A.3,14.4,14.13 precedence ... ............................ . .............. 3.1,3.3.3 Record Documents ............................................0.19 Reference to Standards and Specifications of Technical Societies ................................... RelatedWork.....................................................7.2 Reporting and Resolving Discrepancies,,,,,,,, 2.5,33 Reuseof, ......... .................................................. 1.7 Supplem enting .................................................. 1.6 Termination of ENGINEERs Employment, ....... _8.2 Unit Price Work ...............................................11.9 variations ......................................... 3A,6.23, 6.27 Visits to Site, ENGINEERs___ ...... ........ ......... 9.2 Contract Price — adjustment of,,,,,,,,,,,,,,, 3.5, 4. 1, 9.4. 10.3, 11.2-11.3 Changeof " """ ... * ............ ** ...... I .... I .......... J I Decision on Disputes........................................9.11 definition Contract Times -- adjustment of ............ ......... 3.5,4.1,9.4,10.3.12 Change of...... ....................................... ... 12.1-12.4 Commencement of ............................... ........... _2.3 definition of .....................................................1.12 CONTRACTOR — Acceptance of Insurance ......._,, ..................... _5,14 CommunicationA ................. .................... 6.2, 6.9.2 Continue Work ......................... ......... .... A29,10.4 coordination and scheduling...... ...................... 0,9.2 definition of .....................................................1.13 Limited Reliance on Technical Data Authorized... ............ __ ............... ..... 4.2.2 May Stop Work or Terminate .......... ................. J,53 provide site access to others...,..... .............. Safety and Protection ....................4.3.11, 6.16, 6.18. 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittat... ................................... _625 vii Stop Work requirements......_....... CONTRACTOR's— Article or Paragraph Number Compensatiork, .... _ ...... .. ...... ... 11.1-111 Continuing Obligation.....................................14.15 Defective Work ............. ............... 9.6,13.113-13.14 Duty to correct detective Work..........................13.11 Duty to Report -- Changes in the Work caused by Emergency...... . ... ......... _ ............ ......... 6.23 Defects in Work of Others .............................. 73 Differing conditions...................................4.2.3 Discrepancy in Documents........ 2.5,332,6.14.2 Underground Facilities not indicated ........... 4.12 Emergencies ...... _ ........... ................ _ .............. 0.23 Equipment and Machinery Rental, Cost of the Work ...........................................11.4.5.3 Fee --Cost Plus........................11.4.5.6, 11.4.5.6, 1L5.1,11.6 General Warranty and Guarantee .............. ........ $30 Hazard Communication Programs .................... 0.22 Indemnification... ........... _ ......... §� 1lZ 6, 16. 6.31-6.33 Inspection of the Work.............................. 7.3,13A Labor, Materials and Equipment....................4.3.6.5 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14J Liability Insurance ..............................................3.4 Notice of Intent to Appeal ....................... _9.10, 10.4 obligation to perform and complete theWork ....................................................6.30 Patent Fees and Royalties, paid for by,,,,,,,,,,,,,,,,, . �.12 Performance and Other Bonds 5.1 Perm its, obtained and paid for 13 Progress Schedule ........... ......... �.6, 2.8, 2.9, 6.6, ...................6.29, 10.4.15.11 Request for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities -- Changes in the Work..................................10.1 Concerning Subcontractors, Suppliers and Others Continuing the Work, ....................... _0,29. 10A CONTRACTOW3 expense ....... _ ... .... _ ...... 0.7.1 CONTRACTOR!s General Warranty and Guarantee.......................................6.30 CONTRACTOR review prior to Shop Drawing or Sample submittal ................6.25 Coordination of Work ................................ 6-9.2 Emergencies� .............................................. . 6.23 ENGINURs evaluation, Substitutes or *Or -Equal' Items.............................0.7.3 For Acts and Omissions of Others,,,,,,,,,,,, ,........ _.0,9,149.2,913 for deductible am ountainsuranoc, .................. 5.9 general ......... .................... 6, 7.2,73,89 Hazardous Communication Programs.......... 6.22 Indemnification................................... 6,31-6.33 EXDC GENERAL CONDITIONS 1910 -8 (1990 EDITION} w/ CITY OF FORT COLUNS MODIFICATIONS (REV 91") Labor, Materials and Equipment..... . 6.3-6.5 Laws and Regulations ..... . . ...........................6.14 Liability Insurance.._....................................5.4 Article or Paragraph Number Notice of variation from Contract Documents, ............ .......................... _!6-27 Patent Fees and Royalties............................6.12 Permits,., . ................................................... 0.13 Progress Schedule........................................6.6 Record Documents ...................................... 6.19 related Work performed prior to ENGINEER's approval of required subm ittals........ .....................................0.28 safe structural loading.................................6.18 Safety and Protection ....................6:20. 7.2, 13.2 Safety Representative...................................6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples,,,,,,,,,,,,,,,,,,,,,,,,0,24 Shop Drawings and Samples Review by ENGINEER......................................6.26 Site Cleanliness ............ ....... ............... ........6.17 Submittal Procedures...................................6.25 Substitute Construction Methods and Procedures....................................6.7.2 Substitutes and "Or -Equal" Items ,,,,,,,,,,,,,,,,6.7.1 Superintendence ........................................ :.,, 6.2 Supervision............ _................. -.,................. 0.1 Survival of Obligations ................ ............. ...6,34 Taxes......................................................... 6.15 Tests and Inspections___,__,..,__.....................13.5 ToReport,.... . ........ _....... ........... ............. ..... .5 Use of Premises .....................0,16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal.... .................................... 6.25 Right to adjustment for changes in the Work, .... 10.2 right to claim..,,.,..,... 4, 7.1, 9A, 9 5, 9.11, 10.2,11.2, 11.9,12.1,13.9,14.8,15.1,15.5,17.3 Safety and Protection,_ .......... .... 6.20-6.22, 7.2, 13.2 Safety Representative ............... .6.21 Shop Drawings and Samples Submittals .... 6.24.6.28 Special Consultants .................. _....................11.4.4 Substitute Construction Methods and Procedures„6.7 Substitutes and "Or -Equal" Items, Expense ......................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others-,-.,,,,,,15.8-6.11 Supervision and Superintendencq.... ,.... 6.1, 6.2, 6.21 Taxes. Payment try............................................6.15 Use of Premises ........................................ 6.16-6.18 Warranties and guarantees ........................ 6.5, 6.30 Warranty of Title..............................................14.3 Written Notice Required -- CONTRACTOR stop Work or term inate........ 15.5 Reports of Differing Subsurface and Physical Conditions ....................... 4.2.3 Substantial Completion, ............................... 14.8 viii CONTRACTORS --other ..... - - - . . ............................ ...... 7 Contractual Liability Insurance .... ............ ____ ... $.4,10 Contractual Time Limits., ....... .. .. I . . I ... I.................12.2 Article or Paragraph Number Coordination— CONPRACTORs responsibility ........................6.9.2 Copies of Documents ............................................... 2.2 Correction Period, ............. .............................. .... 13,12 Correction, Removal or Acceptance of Defective Work-- in general ............ ........ ............ ..,10A.1, 13.10-13.14 Acceptance of Defective Work ..........................13.13 Correction or Removal of Defective Work.................................6.30, 13.11 Correction Period ...................................... ...... 13,12 OWNER May Correct Defective Work,..... J 3.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspections..................................13.4 Records 11.7 Cost of the Work — Bonds and insurance, additional.... ........ ...... 11,4.5.9 Cash Discounts.....................................-........11.4.2 CONTRACTOR's Fee__ ............ .................. 11.6 Employee Expenses......................................11.4.5.1 Exclusions to ....... ........... ...................... ............. 1.5 General 11.4-11.5 Home office and overhead expenses ....................11.5 Losses and damages.....................................11.4.5.6 Materials and equipmen;............. ...... ............ 11.4.2 Minor expenses,.,, ....................................... i 1.4.5.8 Payroll costs on changes..,.............................111.4.1 performed by Subcontractors...........................11.4.3 Records 11.7 Rentals of construction equipment and machinery.......................................11.4.53 Royalty payments. permits and license fees. ................... .............. ........ Site office and temporary facilities.. ... . ....... _ 11.4 5.2 Special Consultants, CONTRACTOR'.,.-,,...... J IAA Supplem enta 1................................................11.4.5 Taxes related to the Wor............................. 1.1.4,5.4 Tests and Inspectioq......................................... 13.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilities ..............11.4.5.7 Work after regular hours,---„--„.......................11AA Covering Work.._...........................................13.6-13.7 Cumulative Remedies.......,.... ............ ......... ....17.4-17.5 Cutting, fitting and patching .................................... 7.2 Data, to be furnished by OWNER ............... _............. $_3 Day --definition of 17.2.2 Decisions on Disputes, ...................... ............ 9.11, 9.12 defective --definition of ...........................................1.14 defective Work -- Acceptance of.,- ............... ...... 13.13 ErCDC OENFRAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLONS MODIFICATIONS (REV 9l99) Correction or Removal of.....,.,,,,,.„.,.,.,.10.4.1, 13.11 Correction Period... .............. .............. ..... J 3.12 in general.......................................13. 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER .............. .................. 9.2 OWNER May Stop Work ........... ...................... 13.10 Prompt Notice of Defects,_ .................... .......... 13.1 Rejecting............................. ...........9-6 Uncovering the Work.......................................13.8 Definitions.....__..............................................,........1 Delays......................................4.1. 6.29, 12.3-12.4 Delivery of Bonds. . ............................. ..... ................2.1 . Delivery of certificates of insurance ...........................2.7 Determinations for Unit Prices 9.10 Differing Subsurface or Physical Conditions — Noticeof.........................................................4.2,3 ENGINEER's Review......................................4.2.4 Possible Contract Documents Change .............. 4.2,5 Possible Price and Times Adjustment$.............4.2.6 Discrepancies -Reporting and Resolving ................................ 2.5, 3.3.2, 6.14.2 Dispute Resolution — Agreement .. ... ..................................... ..... 16,1.16.6 Arbitration_ ............................................16.1-16.5 ge-neral l6 Mediation, .. ....................................................16.6 Dispute Resolution Agreement......,. �................. 16.1-16.6 Disputes, Decisions by ENGINEER,..................9.11-9.12 Documents -- Copiesof .......................................................... 2-2 Record 6.19 Reuseof..............................,..............................3.7 Drawings --definition of .......................................... J.15 Easements ................................... ......................... .4.1 Effective date of Agreement -- definition qf.............. JA6 Emergencies.,,. ... ........................ 6.23 ENGINEER -- as initial interpreter on disputes .................9.11-9.12 definition o[...,...._...........................__..........1.17 Limitations on authority and responsibilities...., 9.13 Replacement of... ............. .................. 8.2 Resident Project Representative ........................ ...9.3 ENGINEER's Consultant -- definition o11.18 ENGINEER's-- authority and responsibility, limitations cri.,..,..,9.13 Authorized Variations in the Work ....................9.5 Change Orders, responsibility for ....... .9,7, 10, 11, 12 Clarifications and Interpretations-,... ........ _143, 9.4 Decisions on Disputes,,,,,,,,,,,, ................... 9.11-9.12 defective Work, notice of...................................13.1 Evaluation of Substitute Items ..........................t.7.3 Liability_ ............. ................. _ ................ 0.32.9.12 Notice Work is Acceptable ...... ......................... 14,13 Observations ......... ......... ..............5.30.1 9.2 OWNER's Representative....,.*........ ..... .. ..9.1 .. ...... Payments to the CONTRACTOR, Responsibility for.....................................9.9, 14 Recommendation of Payment,.,,,,..........._,.14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on,,,,,,,,,,,,,,,,, 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions,,,,,,,,,,,,,,,,,,,,,,,,,I .... .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 on Disputes. ......................... 9.11-9.12 Determinations on Unit Pri......... ,..... ...... .10 ENGINEER as Initial Interpretet..... ,,,,,9.11-9,12 ENGINEER's Responsibilities ................9.1-9,12 Limitations on ENGINEER's Authority and Responsibilities..............................9,13 OWNER's Representative ............................ _ .I Project Representative.._................_............9.3 Rejecting Defective Work..............................9,6 Shop Drawings, Change Orders and Payments.. ...................... . .......... 9.7-9.9 Visits to Site.......,.........................................9.2 Unit Price determinations.................................9.10 Visits to Site, . ................................... ___ ... ........ ?,2 Written consent required ............................. 7.2, 9.1 Equipment, Labor, Materials and ........................4.3.6.5 Equipment rental, Cost of the Work .,.... ,_..___._.,11 4.5.3 Equivalent Materials and Equipment .......... ............... .7 error a omissions ¢.33 Evidence of Financial Arrangements ........... ........... ?,11 Explorations of physical conditions ........................4,2.1 Fee, CONTRACTOR'S --Costs Plus ...........................11.6 Field Order — definition of..........................::.::..,...,..:.:..........1.19 issued by ENGINEER ............................... 3.6.1, 9.5 Final Application for Payment._„ ........................ *'14,12 Final Inspection...................................................14.11 Final Payment -- and Acceptance,,,,,,,,, ,,*..._, ................14.13-14.14 ,, Prior to, for cash allovances,,,,..........................11.8 General Provisions ...... ............. ........ .......... __17.3-17.4 General Requirements -- definition of.....................................................1.20 principal references to .............. 2.6, 6.4, 6.6-6.7. 6.24 Giving Notice, _.. - _ . . ... ... __ ....... _ ........17.1 Guarantee of Work —by CONTRACTOR,,.,,.,, 6.30, 14.12 Hazard Communication Programs .......................... 6.22 Hazardous Waste -- definition of ......... ....... .......... ............... ............ 1.21 general................. ......... ............... .... ...... .......... 4.5 OWNER'S responsibility for . .................. ............ 8Ao EJMC GENERAL CONDMONS 1910.8 (1990 E01TION) w/ CITY OF PORT COLLINS MODIFICATIONS (REV 9199) Indemnification._ ..................._.,,., 6.l1 6.16, 6.31-6.33 Initially Acceptable Schedules,,,,,,,,,,,,,„-- ,,.. _2.9 Inspection-- Certificatesof..............................9.13.4, 13.5, 14.12 Final......................................................14,11 Article or Paragraph Number Special, required byENGINEER ......................... 9.6 Tests and Approval.............................$.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER...............................5.14 Additional, required by changes in the Work..........................................11.4.5.9 Before starting the Work....................................2.7 Bonds and --in general........................................._5 Cancellation Provisions ..................................... 5.8 Certificates of ...................23, 5, 5.3, 5.4,11, 5.4.13, ........................5.6, 5, 5.8, 5.14, 9.13.4, 14.12 completed operations,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5 4.13 CONTRACTOR's Liability ..................................5.4 CONTRACTORS objection to coverage ,,,,,,,,,,,,,5.14 Contractual Liability ................._.................. 5A.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 insure4.............. 5.12-5.13 OWNER'sLiability...... ...... .......... _.... ....... . 5.5 OWNERS Responsibility ................................__8.5 Partial Utilization, Property Insurance,,,,,,,,,,,,,,, 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 Clarification4„....,,,,,,,,,,,....3.6.3, 9.4 Investigations of physical conditions,,,,,,,,,,,,,,,,,,,, 4.2 Labor, Materials and Equipment .............. ........ _.5.3-6.5 Lands -- andEasements_ ... _ ..................... ....... ............. Availability of__ . . .... ....... ................... 4.1,8.4 Reports and Tests...............................................8.4 Laws and Regulations -Laws or Regulations-- Bonds. ... .............. ............. ....................... 5.1-5,2 Changes in the Work....,..,.... ............... __ ......... 10.4 Contract Documents... ............... ....................... 5.I CONTRACTOR's Responsibilities .....................fx 14 Correction Period, defective Work....................13.12 Cost of the Work, taxes...............................11.4,5A definition of... .................. ............... ........... 1.22 general6.14 Indemnification ....................................... .............. Insurance ...........:........... _........... .................. 5.3 Precedence ................................... .......,..... 3.1, 3.3.3 Reference to ....................................................3.3. t Safety and Protection ............................... 6.20, 13.2 Subcontractors, Suppliers and Other4,,,,,,,,,,,6.8-6.11 Article or Paragraph Number Tests and Inspections.. ........ I ............ I .... .-,..-13.5 Use of Premises__ ......................................... 6.16 Visits to Site . .................. ................................ __9.2 Liability Insurance— CONTRACTOR's............................................... 5A OWNERs...........................................................5.5 Licensed Sureties and Insurers_ .............................. 5.3 Liens -- Application for Progress Payment .......................14.2 CONTRACTOR's 'Warranty of Title. ................ .„14.3 Final Application for Payment ..........................14.12 definition of ..................................... ..,.,... I ..... ..1.23 Waiver of Claims .......................................... J4.15 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..........., _.....................................3.3.3.1 Reference to in Contract Documents ..................3,3.1 Materials and equipment - furnished by CONTRACTOR... ............... 6.3 not incorporated in Work.........................._.._14.2 Materials or equipment--equivalent,,,,,,,,,,,,,,,,,,,,,,,,,,,0.7 Mediation (Optional)..............................................16.7 Milestones --definition of........................................1,2.4 Miscellaneous— Computation ofTimes._,,..,.--,,,,,,,,,,,,,,,,,,,,,,,,,_ 17.2 Cumulative Remedies.......................,,...............,17.4 Giving Notice ............ ...................... :................. 17.1 Notice of Claim.._-........_-.............................17.3 Professional Fees and Court Costs Include4....-,,,17-5 Multi -prime contracts.................................................7 Not Shown or Indicated... ........ __.......... __......... ..4.3.2 Notice of -- Acceptability of Project................................._14.13 Award, definition of.........................................1.25 Claim.............................................-,..-..........17.3 Defects,13.1 Differing Subsurface or Physical Conditions,,,,,.4.2.3 Giving.. ...................... __............................. A7.1 Tests and Inspections ................ ......... ............... 13.3 Variation, Shop Drawing and Samplg.................0,27 Notice to Proceed - definition o(.....................................................1.26 givingof .......... _................ _.......... ............, 2.3 EJCDC GENERAL CONDITIONS 1910-5 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Notification to Surety..... _.......................................10.5 Observations, by ENGINEER...........................6.30, 9.2 Occupancy of the Work,,,,,,,,,,,,,,,,,,, 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR, 9.13 Open Peril policy form, Insurance ..................... _ j,.6.2 Option to Replace .............................. ._.................... 5.14 Article or Paragraph Number "Or Equal" Items.......................................................6.7 Other work 7 Overtime Work --prohibition of ................................. 6.3 OWNER -- Acceptance of defective Work...........................13.13 appoint an ENGINEER......................................8.2 as fiduciary .......................... .................... .5.12-5.13 Availability of Lands, responsibility ....................4.1 definition of ....................................................L27 data, furnish ....... ............. .................................8.3 May Correct Defective Work...........................13.14 May refuse to make payment.............................14.7 May Stop the Work....................:...................13.10 May Suspend Work, Terminate ....... ............... .....$.8, 13.10. 15.1-15.4 Payment, make prompt ................. ...$.3, 14.4, 14,13 performance of other work .................................. 7.1 permits and licenses, requirements,,,,,,,,,,,,, ,,,,,,6-13 purchased insurance requirements,,,,,,,,,,,,,, ........... OWNER's-- Acceptance of the Work_............................0.30.2.5 Change Orders, obligation to execute .......... 8.6, 10.4 Communications ............................................... 8.1 Coordination of the Work..__....._......................7A Disputes, request for decision ...........................9.11 Inspections, tests and approvals, ....... ........ ,8.7, 13.4 Liability Insurance. .1. . I .... I ...... I-- ....................... 5.5 Notice of Defects..............................................13.1 Representative --During Construction, ENGINEERS Status 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................ 8,10 Change Orders...... .................................. 8.6 Changes in the Work..................................10.1 communications ............................................ 8.1 CONTRACTORS responsibilitiq,,,,,,,,,,,,,,,,,, 8.9 evidence of financial arrangements,,,,_. ....... $.11 inspections, tests and approvals._... .... _ ........ 83 insurance......................................................8.5 lands and easements.....................................8A prompt payment by ................................ 8.3 replacement of ENGINEER ............................F.2 reports and tests,,,,,,,,,,,,, ............................. . SA stop or suspend Work,.,,„.............8.8, 13.10, 15.1 terminate CONTRACTOR's services..._ ................ . _......._...... 8.8. 15.2 separate representative at sitg.............................9.3 testing, independent ....... _._.__..._..._.......,...... 13.4 use or occupancy of the Work......... .............. _5.15, 6.30.2.4. 14.10 written consent or approval required.... .... ...................... . ........9-1, 6.3, ] L4 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) wf CITY OF FORT COLLINS MODIFICATIONS (REV 9,199) 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 and all documents included in Section 00400 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 ability of the bidder to provide future maintenance and service for the use of the Article or Paragraph Number written notice required .......................7.1, 9A, 9.11, ll.2y 11-9. 147. 15.4 PCBs -- definition of.... ................_._...... ......... .. ........ ....1.29 general... ........................................................... 4.5 OWNER's responsibility for...............................8.I0 Partial Utilization — definition of.....................................................1.28 general6.30.2.4, 14.10 Property Insurance ............................................ Patent Fees and Royalties ....................................... 6.12 Payment Bonds, ..................... ............................ 5. 1-5.2 Payments, Recommendation of ... .......... 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion — Application for ProgressPayments.............. ,_,....14.2 CONTRACTOR's Warranty of Title,,._....._........14.3 Final Application for Payment .........................14,12 Final Inspection..............................................14.11 Final Payment and Acceptancg ...............14.13-1414 general.........................................................$.3, 14 Partial Utilization ............................ .......... ...._14A0 Retainage..........................................................14.2 Review of Applications for Progress Payments .... ............. .............. 14.4-14.7 prompt payment . ......... ........ .... ............................ $.3 Schedule of Values'.... . I ........................... Substantial Completion...............................14.8-14.9 Waiver of Claims.............................................14.15 when payments due................................14.4, 14.13 withholding payment ................. _.................... 14.7 Performance Bonds .......................................... ..5.1-5.2 Permits..........................................................0.13 Petroleum -- definition of ................... ................................... 1.30 general....... ....................................................... 45 OWNER's responsibility for...............................5.10 Physical Conditions -- Drawings of, in or relating to ........................ 4-2.1.2 ENGINEER's review.........................................4.2A existing structures . .............. ......... .................... 4.2-2 general4.2.1.2.......................................................... Notice of Differing Subsurface or,,,,,,,,,,,,,,,,,,,,, 4.2.3 Possible Contract Documents Change,,,,,,,,,,,,,,, 4.2.5 Possible Price and 'times Adjustments..............4.2.6 Reports and Drawings ..................................... 4.21 Subsurface and...................................................4.2 Subsurface Conditions...................................4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 Underground Faci lities-- general.........................................................4, .3 Not Shown or Indicaed..............................4.3.2 Protection of.........,...............................4.3, 6.20 Article or Paragraph Number Shown or Indicated ................................................ 4.3.1 Technical Data...............................................4-2.2 Preconstruction Conferenee.......................................2.8 Preliminary Matters,- .......... ....................................... 2 Preliminary Schedules...............................................2.6 Premises, Use of ............................................. .............. Price, Change of Contract,,,,,,,,,,,,,,,,,,,,, ........ ,-,,,,,.-.,_,I I Price, Contract—defmition of .................................. 1.11 Progress Payment, Applications fet•,_,_,-........... ...... J4.2 Progress Payment--retainage... ........... .......... ........... K2 Progress schedule, CONTRACTOR's,.... ,...... t-6, 2.8. 2.9. ................................. 6.6, 6.29, 10.4, 15.2.1 Project--defmition of .......... -,_.................................1.31 Project Representative-- ENTGINEERs Status During Construction_ ......... 9.3 Project Representative, Resident --definition of .........1.33 prompt payment by OWNER.....................................8.3 Property Insurance -- Additional. ........................................................5.7 gencral5.6-5.10 Partial Utilization ...................... .......... 5.15, 14,10.2 receipt and application of proceeds ............ 5.12-5.13 Protection, Safety and..............................0.20-6.21, 13.2 Punchlist ........ .............................. .................... 14,11 Radioactive Material-- defmtion of......................................................1.32 general4-5 OWNER's responsibility far ............................... $.10 Recommendation of Payment .... ...........14.4, 14.5, 14.13 Record Documents-- .......... 6.19, 14.12 Records, procedures for maintaining ..........................2.8 Reference Points ..................................................... 4.4 Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and(or) ...................................... 6.14 Rejecting Dzfective Work ...... .................... .......... -...9.6 Related Work -- atSite ............................ ............................ 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review.....................6.28 Remedies, cumulative......................................17.4, 17.5 Removal or Correction ofDefectity Work ....... .... .....13,11 rental agreements, OWNER approval required,,,,.11.4.5.3 replacement of ENGINEER, by OWNER .................... $.2 Reporting and Resolving Discrepancies................................2.5, 3.3.2, 6.14.2 Reports -- and Drawings. .......... .......... .......... 4.2.1 and Tests, OWNERS responsibility ....................8A Resident and Project Representative— definition of....................................................1.33 provision for............................................................9.3 xii EICDC GENSUL CONDITIONS 1910-8 (1990 EDITION) w1 CiTY OF FORT COMINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTORg................6.2 Responsibilities— CONTRACTORs-in general, ................................. 6 ENGINEER's-in general.......:................................9 Limitations on .... ........................ ................. 9,13 OWNER's-in general ................... I .... ,.,,... ........... .,,8 Retainage ._.................... ........................................... .......1.4.2 Reuse of Docum ents.................................................a.7 Review by CONTRACTOR: Shop Drawings mid Samples Prior to Submittat .......... ....... ....,_„f.25 Review of Applications for Progress Payments....,, ............................... 14.4-14.7 Right to an adjustment ................... ............ ............ 10,2 Rights of Way_....... ...... ...... ..._..4.1 Royalties, Patent Fees and .... .................................. 6,12 Safe Structural Loading..........................................0.18 Sa fety-- and Protection 4.3.2, 6.16, 6.18, ----- ..------ ........................6,20-6,21, T2. 13 2 general............................. .....................6, ... 20-6.23 Representative, CONTRACTOR's.......................6.21 Samples-- definition of.....,................................................1.34 general ... ... ..................:..........:................ 4.24-6.28 Review by CONTRACTOR...............................6.25 Review by ENGINEER .......... .................... ¢ 26, 6.27 relatedWork.... ............ ...................... .............6.28 submittal of ..... .-.................... ..... -.... .24.2 submittal procedures,_. ......... _ ...... ............ .... 0.25 Schedule of progress,_ ........................r.6, 2.8-2.9, 6.6, .......................................6.29, 10.4. 15.21 Schedule of Shop Drawing and Sample Submittals..............................2.6, 2.8-2.9, 624-6.28 Schedule of Values.... .......... ............ _2.6, 2.8-2.9, 14.1 Schedules-- Adherence to. ......................... . ..................... 15.2.1 Adjusting......... ......................... ..._.....................0.6 Change of Contract Time*.................................10.4 Initially Acceptable ............... _......... ..........2.8. 2.9 Preliminary_ ............... .. _........ ............................ 2,6 Scope of Changes, ..................................... )0.3-10.4 Subsurface Conditions...........:...............,............4.2.1.1 Shop Drawings -- and Samples, general ................................ 6,24-6.28 Change Orders c& Applications for Payments, and ........................... ........................... definition of .............. ......,,...,.. .............1.35 ENGINEER'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 Kai Article or Paragraph Number submittal required...............................................624.1 Submittal Procedures ........................................ 6.25 use to approve substitutions,,,,,,,,,,,,,,,,,,,,,,,,,, ,,6.7.3 Shown orIndicated...............................................4.3,1 Site Access ...................................................... 7.2, 13.2 Site Cleanliness......................................................0,17 Site, Visits to -- by ENGINEER .......................................... 9.2, 132 by others ........... ... 13.2 "special causes of loss" policy form, insurance ................................. $.6.2 definition of ......................... ._......,...............,..t.36 Specifications— defination of ........................ 1.36 of Technical Societies, reference tp..................3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies,,.,,, ........................... 3.3 Starting Construction, Before..............................2.5-2.8 Starting the Work.._ ................................................ 1.4 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER,..,.,._ .......... . .._.....,8.8, 13.10, 15.1 Storage of materials and equipment ......................4.1, 7.2 Structural Loading, Safety .............. ......... I.- ............ 6.18 Subcontractor -- Concerning ................................................ 6.8-6,11 definition of. .......................... ............ ..,.,1.37 delays... ............ .................................... 12.3 waiver of rights, ......... ............................... 0. 11 Subcontractors --in general...,.,,,,,,,,,,,,,,,,,,,,,,,,,,,, 6.8-6.11 Subcontracts --required provision$, ........ 5,11, 6.11, 11.4.3 Subm ittals— Applications for Payment.................................14.2 Maintenance and Operation Manuals...............14,12 Procedures .................. . .............. ..................... 6.25 Progress Schedules......................................2.6. 2.9 Samples, . .., ................... .................. ......... 0,24-628 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. 30.2.3, ................... . 14.8-14.9 definition of ..................................................... J.38 Substitute Construction Methods or Procedure*,.. ..... 6.7,2 Substitutes and "Or Equal" Items .............. 6.7 CO:vTRACTOR's Expense,,,,,,,,,,,,,,,,,,,,,,,,, ENGINEER's Evaluation ,,,,6.7.3 "Or-Equal".................................................6.7. I.1 Substitute Construction Methods EJCDC GENERAL CONDITIONS 1910.8 (1990 EDI7TONj wl C11T OF FORT COLLINS MODIFICATIONS (RED' 9199) Article or Paragraph Number or Procedures.............................................5.7.2 Substitute Items ........................................... Subsurface and Physical Conditions -- Drawings ofy in or reiatisg to ........................ 4.2.1.2 ENG]NEER'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.......................................4.2.1.2 Possible Contract Documents Change..............4.2.5 Possible Price andTimes Adjustments...............4.2.6 Reports and Drawings .................... ................. 4.2.1 Subsurface and....................................................4.2 Subsurface Conditions at the Site,,,,,,,,,,,,,,,,,, 4.2.1.1 Technical Data................................................4.2.2 Supervision— CONTRACTORs responsibility ........................... 6• I OWNER shall not supervise................................8.9 ENGINEER shall not supervisF................9.2, 9.13.2 Superintendence.......................................................0.2 Superintendent, CONTRACTOR's resident...............0.2 Supplemental costs..............................................11.4.5 Supplementary Conditions-- definition of......................................................).39 principal references tq,,,,.,,,,„,,.-1.10,1,18, 2.2. 2.7. ........... ............ 4-2, 4-3, 5.1, 5.3, 5A, 5.6-5.9, ............ ....5.11,6.8,6.13,7.4,8.11,93.9.10 Supplementing Contract Documents ..........................3.6 Supplier — definition of.....................................................1.40 principal references t4...... _..3.7, 6.5. 6.8-6.11, 6.20, ....................................6.24, 9.13, 14,12 Waiver of Rights...............................................0.11 Surety — consent to final payment ................ ....... 14.12, 14.14 ENGINEER has no duty to ................................ 9.13 Notification of.................................10.1. 10.5,15.2 qualification of •,. ......... ........................ ....... ..9.1-5.3 Survival of Obligations .......................................... 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 OWNERMay Terminate...........................15.2-13.4 Taxes -Payment by CONTRACTOR .........................0-15 Technical Data -- Limited Reliance by CONTRACTOR.................4.2.2 Possible Price and Times Adjustments --- ........... 4.2,6 Reports of Differing Subsurface and Physical Conditions .................. I..............,..4.2.3 )dv Temporary construction facilities............. .. 4.1 Article or Paragraph Number Term ination-- by CONTRACTOR ........................................... ) 5.5 by OWNER........................................:8.8, 15.145A of ENGINEER's employment...............................$.2 Suspension of Work-in general .............................)5 Terms and Adjectives .................. .............................................. 3.4 Tests and Inspections -- Access to the Work, by others...........................)3.2 CONTRACTOR's responsibilities ......................13.5 cost of 13.4 covering Work prior tq..............................)3.6-13.7 Laws and Regulations(or)................................ 13.5 Notice of Defects ................. ............ _......... .... ..13.1 OWNER May Stop Work ............ ....... .............. 13.10 OWNER's independent testing ..........................a3.4 special, required by ENGINEER .................... 9.6 timely notice required.. .................................... 13.4 Uncovering the Work, at ENGlI EEER's request, .............. ....... ..... 13.8-13.9 Times-- Adjusting..........................................................0.6 Change of Contract.............................................12 Computation of................................................17.2 Contract Times --definition of ...........................j.12 day.........................................................17.2.2 Milestones.......................................................... ) 2 Requirements -- appeals........... .................. ................... 9,10.16 clarifications, claims and disputes..................9.11, 11.2, 12 Commencement of Contract Time$................2.3 Preconstruction Conference ..................... ..... ,7.8 schedules.........................................2.6.2.9, 6.6 Starting the Work.........................................2.4 Title, Warranty of.,.................................................143 Uncovering Work.... ........................................ 13.8-13.9 Underground Facilities, Physical Conditions — definition of ..................................................... JAI Not Shown or Indicated ................................... 4.3.2 protection of........................................4.3, 6.20 Shownor Indicated.........................................4.3.1 Unit Rice Work — claims..........................................................11.9.3 definition o(....................................................1.42 generall 1.9. 14.1.14.5 Unit Prices-- genera111.3.1 Determination fa,............................................ 9.10 Use of Premises...............................,.6.16, 6.18.6:30.2.4 Utility owners ............................. .13, 6.20. T1-7.3, 13.2 Utilization. Partial.. ................. 1.28, 5.15. 6.30.2.4. 14.10 Value of the Work..................................................11.3 Values, Schedule o(............................_2.6, 2.8-2.9,14.1 E)CDC (IENERAr. CONDITIONS 1910-9 (1990 EDITION) w/ CITY OF FORT COUJM MODMCA17ONS QtEV 9199) Variations in Work --Minor Authorized.......................................6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER ............... ..... 9.2 ................ Waiver of Claims --on Final Payment ,,,,,,,,,,,14.15 Waiver of Rights by insured partie§..................j.11. 6.11 Warranty and Guarantee, General --by CONTRACTOR ....... ......................................... 0,30 Warranty of Title, CONTRACTOR's........................j4.3 Work - Access to.... ...................... ..............13.2 byothers.........................................._.................... 7 Changes in the .............. ............... .... ................... JO Continuing the..................................................0.29 CONTRACTOR May Stop Work orTerminate..............................................15.5 Coordination of ................................................ 7A Costof the ................................................ definition of......................................................1,43 neglected by CONTRACTOR, ....... .................. J3.14 otherWork., .......................................................... 7 OWNER May Stop Work ...... ........ .... ............... 13.10 OWNER May Suspend Work...................J3.10. 15.1 Related. Work at Site ....... .............................. 7.1-7.3 Startingthe_.....................................................2.4 Stopping by CONTRACTOR..............................t5.5 Stopping by OWNER ........... ...................... 15.1-15.4 Variation and deviation authorized. minor .......... ,3.6 Work Change Directive -- claims pursuant to.............................................10-2 definition o1„._-........ ........................................... 1,44 principal references tq......................33.3. 10.1-10:2 Written Amendment — definition of......................................................1.45 principal references to..............1.10, 3.5, 5.10,15.12, ................0 4.2, 6.8.2, 6.19, 10.1, 10A, ......... ............ ........ 1,1,2, 12.1, 13.12.2. 14.7.2 Written Clarifications and Interpretations..................................3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR ............................: j.1, 9.10-9.11, ........................10.4. 11.2, 12:1 by OWNER......-...._ ,,,,,,,,,,,,,,,,,,,, 9.10-9.11,10.4, 11-Z 13.14 M EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w CITY OF FORT COLLINS MODIFICATIONS (REV 91") (This page left blank intentionally) EICDC GENERAL CONDITIONS 1910-5 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) GENERAL CONDITIONS ARTICLE 1: DEFMTIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof 1.1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed, other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Apppplication for Payment —The form ace�ppted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1 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 O=pational Safety and Health Administration. I.S. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Doctanents—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, instrtttctions to bidders, and the Bid form. L& Bands —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGIIdEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Tunes. issued on or after the Effective Date of the Agreement 1.10. Contract Documents —The Agreement, Addenda (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 Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC OENERAL CONUITI ONS 19104 (1990 Edtion) w! CITY OF FORT COLLINS MODIFICATIONS {ll-> V 42000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGIlVEER's written interpretations and clarifications issued pursuant to paragraphs3.5, 3.6.1 and 3.6.3 c n 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. l.l1. 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 arse of Unit Nice Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (it) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14,13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement 1,14. defective --An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any, inspection, reference standard, test or approval referred to to 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. Drastings--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. E-jfectity Date of die Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Ageem ent. 1.18. F-AICY NEER's Consultant --A person, firm or corporation having a contract. with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1,20. General Requirements -Sections of Division 1 of the Specifications. 1,21 Hazardous Waste -The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 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 jurisdiction 1.22.b Legal Holidays--shalt 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 Awani-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. 1.26. Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1,27. OnM-The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 128. Partial Utilization -Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum -Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of Lemperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project -The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radivactive Material -Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of VCDC OEMM CONDITIONS 191 M (1990 E(5tian) tot CITY OF FORT COMNS MODIRCATiONS (Rho! 4f1000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular T or1aJte Hours -Regular work -ire hours are defined as 7 OOam to 6 OOtan unless otherwise specified in the General Requirements. 133. 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. Spec cations -Those portions of the Contract Documents consisting of %Titten technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor -An individual, 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 terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 139. Supplementary Conditions -The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supper --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 Wok by CONTRACTOR or any Subcontractor. 1.41. Underground 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 furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42, Unit Price Work —Work to be paid for on the basis of unit prices. 1.43. Work —The entire completed oonstruction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents, 1.44. Work Change Directive --A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINTEER, 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 paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Chance 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. Written Amench7wtit--A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELDdINARY MATTERS Delivery ofBondv: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies ofDocuments.- 2.1 OWNER 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 Week. Additional copies will be furnished, upon request, at the ant of reproduction. Commencement of Contract Times; Notice to Proceed 2.3. The Contract Tunes will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJCDCGENERALCONDITIONS I91" (19%Edition) w/ C1TY OF FORT COLLINS trIODIFICATiONS MEV 42400) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed maybe given at any time within thirty days after the Effective Date of the Agreement. In Rn ovwa at the rr _tF„Aat Timmis of -Bid -opening -or d thittieth•day aftef the Effective Date of -the eem erA, witieheversearlier: Starting the Work. 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work she be done at the site prior to the date on which the Contract Tunes commence to run Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verity pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General 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 34ilestones specified in the Contract Documents; 2.6.1 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 acce able 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 end CANER shall eaak deliver to the other OWNS with copies to identi€ted-in ENGINEE72 certificates of insurance (and other evidence of insurance read}—� re uested by_OWNED which CONTRAC TO�enEi stitefa is required to purchase and maintain in accordance with paragraphs Preeonstmetion Conference: 2.8. Within twenty days after the Contract Times start to run, but before any 14'ork 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 paragaph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules.- 2-9- Unless otherwise provided in the Contract Documents Applioomfor-Paymentbefore any work at the site bet ins a conference attended by CONTRACTOR, ENGINEER and others as appropriate dvswpated by OWNER will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. agjd Divisipry 1 - dreg@j_$gkjt CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittaLa CONTRACTOR schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, ANHIS DING, 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 cane 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 EJCDC GENERAL CONVIDONS 1910-8 (1990 Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000) describe a functionally complete Project (or pad thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meamng 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 SYandardr and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1_ Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the 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. It during the performance of the Work, CONTRACTOR discover 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 itumtetion of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except 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 pamgraph3.5 or 3.6; provided, however, that CONTRACTOR shall not be Gable to OWNER or ENGINEER for failure to repon any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the 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 3.3.3.2. the provisions of any such Laws or Regulation, 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 subcontractors, consultants, agents or employers from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENNGINEER'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 resperisbility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" a 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 requirem ents of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the famishing 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. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuannt to paragraph 10.4), or EJCDC (3ENERN, CONDITIONS 1910$ (1990 Edition) w! CITY OF FORT COLLINS MODIFICATIONS ¢tEv 420e0) 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 mina variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. LNGMER's written interpretation or clarification (pursuant to paragraph 9 4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or 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 ENGINEER'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 ENGINEER. ARTICLE 4-AVAILABILITY OF LAIRS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS rtunilability of Lands.• 41. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR tequest smteme effect legal tie a- lei! �t e€atae lands--tt"-vv#t -tand Q 611 1 ' lee 4 er-wing-a tnaehanie's } ago OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lards so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in 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 OWNER's furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 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 claims are pending against such work. 3.4 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. 3.5 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be issued through Rocky Mountain E-Purchasing System at www. rockymountainbidsystem.com, 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 curd .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. PID-sical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized' Technical Data: CONTRACTOR may rely upon the general accuracy of the "techr ical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 42.2.1. the completeness of such reports and drawings 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 4222other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.22.3. 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: 4.2.3.1. is of such a nature as to establish that any "technical data" on which C'ONfRACTOR is entitled to rely as provided in paragraphs 42.1 and 4.22 is materially inaccurate, or 4.2.32. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3 differs materially from that shown or EJCDCGENERAL CONDITIONS 1910-511990 Editim) w/ CITY OF FORT COUINI'S MODIFICATIONS (REV 40000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent iri work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly immediate , 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 ptragraq 6.23), notify OWNER and ENGINEER inwritirng about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (e�ccpt as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENTGINEER'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 a condition that meets one or more of the categories in paragraph 4.2.3. a Work Change Directive or a Change Order with be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible- Price and Times Ai#usbnents: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the exterit that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive, 42.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. 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 commit rent to OWNER in respect of Contract Price and Contract 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, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 42 6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract 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, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3. Phisical Conditions -Underground Facilities. 4.3.1. Shown orindcated.• 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 fwnislned to OWNER or ENGINEEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2, The cost of all of the following will be included in the Couraa Price and CONTRACTOR shall have full responsibility for. (i) reviewing and checking all such Information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Docnunerits,(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 paraMph6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Show" or Indicated.- If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, pY immediately after becoming, aware thereof and be cxe further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23} identify the owner of such Underground Facility and EJC:DC GENERAL COMMONS 1914-$ (19%Edtion) w! UTY OF FORT COMM M MODIFICATIONS ¢tEV 42000) give written notice to that owner and to OWNER and ENGINEER ENIGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time. CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in para&raph6,20, CONTRACTOR mall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Docmmnents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such ad ustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points. 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of 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. .4sbestos, PCBs, Petroleum, Hazardous 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 Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or proppeerty exposed thereto in connection with the Work at the site_ OWivER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. FAR short}ntrttediete}y:-(i)�tep al; srne}t-t�tiea--ire-�v€it---F3W�iI�}2--Shad--1x�F'dY r -the neccssitty €ur 4�4`}�FP�-te-retaitra a�a}i�ed-expert- t�-ave}ueta-5tr�t CC��1T RA£ F31 s#ta}} net be rewired to-resumeAV-of}- eav ired-gern"ts-related-ther-eto and -and -to that -stack candifany a fferstedarea-is chns-been (ii) specifying eny specia} condiEicnsundeFwhiehscak ACT ge or such speGial under -whisk either party- rnay- rmake a dainrtlw,- 3r as Provided in C-9*�'TR�1�}-9R does-rxxntt-egrea-to-ra�nta-soak-�verk zzti©rs--then 9ih}*: tort of eondawn-or--in sueha€fesed--area-io-be-dzkted--font 8-hp V.1w4-. If (AAXTsR and 9(4�9RAGTQR same agreaes-£�r �nEit}emertt- either -per, -es proves in AAiele . 's-tw,at feree,s Itegtr mrntfy---end-#tcn}d hamless -Sabt*�rttrnstors of€team- A;- astars� eanployaeS eggs—et#ter ros�ulie€its--ccnd.-sui�oc�nt�estc}rs-oG--en�;,� ^, .a,d-_�.T._trt tthemm 4.5.5. The Pr :isie 1_ —W— 1-as 4.2 a A I at{evealed at the sit EJCDCoENER.ALCoNDino?4s igi" (199oEditiad w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4a000) ARTICLE S -BONDS AND INSURANCE Performance, Pavneent 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 b}} f.aws or Regulations or by the Contract Dauments. 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 (amernded) by the Audit Staff, Bureau of Government Financial Operations, U.S- Treasury fkpartment. 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 firrrushed 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 of which must be acceptable to OWNER. 53. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bouts or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 53.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of ir=ancc requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4, OLl'}�FI�4t-elnali 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 indirectlyy employed by any of them to perform or furnish any of tlx Work, or by anyone for whose acts any of them may be liable• 5.4.1. claims under workers' compensation. disabihty benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oceupatiartal sickness or disease, or death of CONTRACTOR's employees; 5A.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; damages-•--insured--lay—customary directly-related ether-reasm 5.4.5. claims for damages, other than to the Work iW14 because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5A.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 5A.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, LNGINTEER, 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 additiormI 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; EJCDC GENERAL CONDITIONS I910-8 (1990 Edtial) wI CI TY OF FORT COLD M MODIFI CATIONS pt N V2000) 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 irtstued 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 %rill so provide); 5.4.12. remain in effect at least until finml payment and at all times thereafter when CONTRACTOR may be corrocting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in el%ct for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's 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 OWNER's expense OWNER'S own liability insurance as will protect OWNPa against claims which may arise from operations under the Contract Documents. Properh,Insuranee. 5-6--Unless othefwiw JWWided irt4he-&gT4e'meR1afy 1-6 sttlajest to —suet Laws and Supplerrrerttar R s.6�. inepnde Otte•—.' erests--of---gV Nl3R; ran rrrr�CTOI?, $a6sEtn'ra amc P;9494R arctic eallavesrri mtrabietnterest artdshttll eradditiom insured; OPOR sibswe for Of the We ..,4 tFa....:a� .,.1 ,.l... fly nM IM wA , lrtertded l�lrse#aa€: re�t�ael-o€ e��suted srehiteets) 3 be PUFARSed -FA MintairAby Al s wit#r regi s3� le€1-er--snaialielly Chow"F-#Mwsl taf> Sad u at hest #}may daye nl,AG, 1M- 5.9. OWNER shall not be responsible for purchasing and maintaining any property irmua= to protect the interests of CONTRACTOR. Subcontractors or others in f such am fteh may p�shesa and-rnainteia�it et-the�siases'-sexpense. EJCDC OEMAL CONDITION81910-8 (1990 EfiGon) 10 w! a Y OF FORT COLLINS MODIFICATIONS OLEV 42000) efleel ofi�ia i4ee#-ni dsit . .. d f '1 ...:11 PFAO.r fitlR.n:D hl1A*I"D A"T-GR irn-ife(L.,ef itdEliiheies and dam ! in the--everA -of-payment-a any -lose-or-damage-the ioias zee.": '�s�}leECkkFlflea OWNER mid GGNTRAGT-GR waive all for all !owes and any--ef-th-per+la seveFed y in 1--au lmrac+r�W$i� .. ..1 ...t. 1..... �-ail(l-all-8t#sef-persoRS-Of-2FiEitleS•idfAEt�dd be li9w as 1@-Afld--�atliages so caused. ah-P-Al-e waivers e.nd to the rights Payable r-any pe}iey �o.isstte� .----�lbeeatr�letet� gatxs oerty-ef the Work eau" �.'Tr::�:�--doses-or--d���ag�-to-t}le- sc�ltple#ed wed --:T eemed MA an the 1� ....- or-4�4aynWnt reseery agait.a astern sffis r agems of RFIY of them-, Receipt and Application of Insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 53 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. 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 lots with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties 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 1-give -boas - iff37 #te Acceptance of Bonds and Insurance; Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Bends, —of insurance required to be purchased and maintained by the e6kv CONTRACTOR in accordance with Article 5 on the of non-conformance with the Contract Documents, the ebjecbrtg-pa rp" awNNE gill nQ ifv CQNJF,A $ in writing within tett f1fteM days after reeeipt delivery of the certificates Et�f etlaef eviclafx>e rewes", t9-QWNER as required by paragraph 23. ot#ref-�tts#r aAditaot�l-irt€c�rftt&Hors-hx-respest�ce provi atY tl s ref array-raesE l}ly- If sit ar perty�es-rnjtparehase-e�tnstnteiR A�-t}-$ends-arid itrfa t rvrifit�•ef-��Irfailufe-tor purpfief-t�-tlte"stsft-oaf fhe the Oit .-d) , 1110, may elegy to obt u+val t tolaruteet-such-other ptyrs vster,,ts at the axpanse-0f�ka grotty -when -was requ�d t0-pt4Dv4de such C�—tfaet •'1riee $ecierdtrtglr Partial Utili;zrtion—Proper(ylnsurance: 5.15. If OWNER firms it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENEttAL CONDITIONS 1910-8 (t990 Edition) w/ CI TY OF FORT COLLt NS M0t)*1 CATIONS ftV 42000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10,, 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 changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACTOR'S RESPOIVSIBILITHS Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents - CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and 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 disc' line and order at the site. Except as otherwise required far the safety or protection of persons or the Wale 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 ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday, Sunday, Holidays or outside the Regular Working Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR small 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 furnish* performance, testing. start-up and completion of the Work. 6.4.1. Rrchasing Restrictions: CO iTR-ACTOR must comply with the City's purchasing restrictions. A cgpv of the resolutions arc available for review in the offices of the Purchasing_ and Risk_Management T?ivision or the City Clerk's office. 6.A.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 cement was not made in earnent kilns that bum hazardous waste as a fuel, 6S. All materials and equipment shall be of good duality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. Tf required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied installed, connoted, erected, trod, cleaned and ecmdtnoted in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents_ Progr•e.u.Sohedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragrapah 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 name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EJCDC GENEM CONDITIU'S 191 M (1990 Edfiai) 12 w1 MY OF FORT CO1.LI NS MODIFICATIONS (REV 412000) 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. '19r-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 ENGTNTF.ER`s sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substinde Items: If in ENGINEHR'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 be considered a proposed substitute item, CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is t.-zmtiaUy equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include: the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances.. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINT19Z 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 specked and be suited to the same use as that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOWs 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 EN- in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CONTRACTOR's EWLw: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Subatrtute Consbuetion Medrods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in suhparagraph 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 pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER %rill 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 furnish at CONTRACTOR's 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 ENGINEER's Consultants for evaluating each such proposed substitute item. 6.8. Concerning Subcontractors, Suppliers and 016ers: 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 OENEM CONDITIONS 1910E (1990 Edtion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4ROW) 6_9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces that i without subcontractirng). The 20 percent requiremernt shall be understood to refer to the Wark the value of which totals not less than 20 percent of the Contract Price_ 6.8.2. kc Geridktons Biddinr 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 a e of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEERfrnd-ff ace", lance --with --the—Supplementary _Comditiom,. 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 an}z$trsh�ubcentraster,-Snrppli�-c�ethe--person-ter se iden"ed ba 1.i7 reasonable objection after due inv tigatior n: t ease notrrvnrrnu _t_il t ;. seeeptft :�roh-substitutiE>n--and--en-approprieta-�srtge- (3rder constitute a condition of the Contract reguirinnz the use of the named subcontractors, suppliers or other Persons or orggmzation on the Work unless prior written approval is obtained from OWNER and INGINEER 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. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR' 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 FNGD,MF.R and any such Subcontractor. Supplier or other person or organizations, 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 or ENGINEER may furnish to any subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications fix 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 CONTRACTOR. 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 any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terns and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever-any-suehagreement addsti l intern presided in the G-91*�RAC-TOR-and- tie-Subcentractor-car-_Supplier-vvill ' : l3I -and --e!!- arisirlgettany epet tls esvered by � �Vsrk---1€ -#lie-+i�re� -can-sny-stair-pol iei�-require SUPPlief, /V'I�iTD A!"TlITJ Will Obt.a:., thO ,nffle Patent Fees and Rnraities• 6.12. CONTRACTOR shall pay all license fees and royalties and assume all casts incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use m the performance of the Work and if to the actual knowledge of OWNTER or F-dGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnifv 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 infririgement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. EJCDCOEN AL COMMONS 1910-9 (1990 Edition) 14 w! CITY OF FORT COL.LINS MODIFICATIONS (REV 412000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall 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, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and Olk'NER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees 6.14. Laws andReguLadons: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14 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 permanently incorporated into the rgpiect. Said taxes shall not be included 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. Rggional Tranprtation District (RTQ and certain Colorado counties are oollected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes fincluding State cxillectcd taxes}, on any items other than construction and build'buildim materials physically incorporated into the project are to_be..paid by CONTRACTOR and are to be included in appropriate bid items. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, 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 any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER. ENGINEER ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting horn 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 and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in 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.* EICDC OENE[t.41. CONDITIONS 19105 (1990 Eddon) w! CI TY OF FORT COLLINS MODIFICATIONS OMN 412000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments. Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made 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 Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER, Safety 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 of and shall provide the necessary protection to prevent damage, injury or loss to: 6 20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3, other property at the site or adjacent thereto, including trees, shrubs, lawns, wallas, pavements, roadways, metures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Under ound Facilities and utilit}> owners when prosecution of the Work may affect them, and shall cooperate with there in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor. Supplier or anv other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone forwhose 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 ENG)NEER's Consultant or anyone employed by any of than 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 responsibilitics for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 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. Work to be completed by December 1, 2016. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. 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 C(xnpletion). 6.21. Safety Representwive: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs - Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from 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 6.26. 6.242. 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 ENGLNEER to review the submittal for the limited EJCDC GEI9RAL CONDITIONS 191" (1990 Eft(n) 16 wl CITY OF FORT COLLINS MODIF1CATiONS ftV 4R000) purposes required by paragraph 626. 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 dletennined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requiremerns, materials, catalog numbers and similar information with respect thereto, 6.25.12. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.1 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 written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in additicm, 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 Drawr'r�gs and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGIIv'EER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documerils) 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. 627. ENGINEER'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. 6.28, Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. 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 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6-30. CONTRACTOR's General Warranty and Guarantee: 6.30A. CONTRACTOR warrants and guarantees to OX NER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Noire of the following will constitute an acceptance of Work that is not in EJCDC OENERAL GONDYn ONS 1910-8 0 M Ecltian) w/ CITY OF FORT COLLIM 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 ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.24 use or occupancy of the Work or any part thereof by OWNER, 6.30.2.5. any acceptance by OWNER or any failure to do so, 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cast, loss or damage. (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itselfj, 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 fwnish 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 any of them to perform or furnish any of the Work or anyone for whose acts any of them may he liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers compensation actsdisability benefit acts or other employee benefit acts. 6.33. The indemnification ob alions of CONTRACTOR under paragraph 6.31 shaltnot 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. SkMiW 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--0THER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNI ER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) 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 am ount or extent thereof. T2. 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' 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 CONTRACTOR under this paragraph are for the buiefit of such utility owners and other contractors to the extent that there are comparable E)CDC GENERAL CONDIT10%; 191"(1990E&W is w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4t2000) 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 CONTRACTOIZs Wort: depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGIRrEER in waiting any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordnation: 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; 7.4.2the specific matters to be covered by such authority and responsibility will be itemized: and T43, the ewent of such authority and responsibilitieswill be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8—OWNERS RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 5.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer agaa�st reseble ebjeeEiot whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWivERs duties in respect of providing lands and casements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWAER's identifying and making available to CONTRACTOR copics 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 ENGTNEER in preparing the Contract Documents, fottlr in paragraplvs•:5-throtigh3.l9: 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in Paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragrapphs 13.10 and 15,1. Paragraph 15.2 deals with (MR's right to terminate services of CONTRACTOR under certain circumstances. 8A The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTORS 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. 111 4}1� NFuR�re�cxisit�i Asbestos;Bs;—Fetrek4 a, ffam dmi -Waste —er Radioeetive MRter' ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 09WER'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. Fruits to Site: 9.2. ENGINEER will make visits to the site at intervals appropnate to the various stages of construction as ENGINEER deans necessary in order to observe as an experienced and qualified design professional the progress EJCDCaDOLAL CONDITIONS 1910-8 {1990136tioa) WICITY OF FORT COLLi M MODIFICATIONS (REv 412000) 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, ENGTNF.ER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGfNEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will 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 OWN TER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in ppaaragraph 9.13, and particularly}, but without limitation, airing or as a result of ENGINEERS on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 913 Gmiditioas of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGTNEERs Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in of these General Conditions If the ENGINEER furnishes hcs a Resident Proiect Representative (RPR) or other assistants, or if the OWNER designates a Representative or agent, all as provided in Paragraph 9.3 of the General Conditions, these Rniaeseitatives shall have the authority and limitations as provided in paragraph 9.I3_of the General Conditions and shall be subject to the following:: 9.3.1. The Representative's dealings in matters pertaining to the au -site work will in Qenerai, be with the ENGINEER and CONTRACTOR But, the Representative will keep the OWNER properly advised about such matters. The Renresentative's dealings with subcontractors will only be through or with the full knowledae and antiroval of the CONTRACTOR 9.3.2. Duties and Responsibilities Representative will: 9.3 2.1. Schedules - Review the prom 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concamiruz acceptaWity. 13.2.2. 2. Conferences and Mating - Attend meeting with the CONTRACTOR such as �ireconnxuction conferences, pMWess meetings and other iob conferettces and prepare and circulate copies of minutes of meetings. 93.23. Liaison 932.3.1. Serve as ENGINEER'S liaison with CONTRACTOR working principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.3.2. Assist inobtainina, from OWNER additional details or information, when required, for proper execution of the Work. 9 3 23 3. Advice the ENGINEER and CONTRACTOR of the commencement of My Work rMki a SbM Drawing or sam a submission if the submission has nat been approved by the ENGINEER 9.3 2.4 Review,Worts. Rejection of Defec�ivvg Work. Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Workto mist tbg ENGTZMER in determining t the Work is proceeding in aocardance with the Contract Documents 9.3.2.4.3. Accompany visiting inspectors representing public or other agencies havi»>; jurisdiction over the Protect, record the results of these inspections and report to the ENGENEaL 9.3.2.5. Interpretation of Contract Documents. Report to 1s3+1GINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the IiOI �11`i:T N 9.3.2.6_ Modifications. Consider and evaluate CONTRACTOR'S suggestions for EJCDC GENERAL CONDMOMS 19105 (1990 Ed i%0 20 w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000) modification in Drawings or Specifications and report these recommendations to ENGR4EEEER. Accurate] transmit to CONTRACTOR decisions ked by the ENGINEER_ 9.3.2.7. Records. 93 2.8.1. Furnish ENGINEER > rents a5 aired. of the p of the Work and of the CONTRACTORS i ance with the =gross schedule and sdiodule of shop Drawing_and sample submittals. 9 3.2 8 2. Consult with ENGMER Win_ advance of scheduling major tests, inspections or start of importam phases of the Wank. 9.3.2.8.3. Draft proposed Change Orders and Work Directive Charges, obtaining backup material frpm the CONTRACTOR and recommend to ENGINEER Change Orders. Work Directive Changes and field orders 9.3.2.8.4. Report immediately to ENGINEER and OWNER the occurrence of any accident. 9.3.2.9. Payment Requests. Review applications forpavment with CONTRACTOR for campGance with the established procedure for their submission and forward with recommendation to ENGINEER, notu>g_padicularly the relationship of the payment reguested to the schedule of values work coo leted and materials and ui ent livat ered the site but not incoroorated to the Wok. 9.3.2.10. Cornoletion. 9.3.2.10.1. Before ENGM R issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items recLttiripg correction or can 1p etion 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER, OWNER and CONTRAC'I'OR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or con leted and make recommendations to ENGRTEER concerning acceptance. 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or aecw! any substim materials or eamuinm ENGINEER 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents, 9.3.3.3. Undertake any of the respomibilities of the CONTRACTOR. Subcontractors. or CONTRACTOR'S superintendent, 9.3.3.4. Advise on nr issue direction relative to. or assume control over any aspect of the means methods, techniques, sequences or cgdures for constmotion unless .�nrh is s,Dee ficall called for in the Contract Documents. 9.3.3.5. Advise on or issue directions reggffAM or assume control over safety vrecautions and Rrexams in connections with the Work, 9.3.3,6. Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR 9.3.3.7. Authorizc OWNER to occupy the Work in whole or in pat. 9.3.3.8. Participate in specialized field or laboratory tests or inspections conducted by others cecept as specifically authorized by the ENGINEER Clarifications and Interpretations. 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EKDC OENERAt, CONDIITONS 1910-8 (1990 Eoitiaa) w/ CITY OF FORT ODLL1 NS MODtFICATIONS OtE" y 42000) 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 l-itriationsin Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Timers and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, These maybe 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 adiustment in the Contract Price or the Contract Times and ti;� parties are unable to agree as to the amount or extent thereof, Oti4T ER or CONTRACTOR may make a written claim therefor as provided in Article l I or 12. Rejecting Defective Work 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defectn,e, 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 Strop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEERs authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9, In connection with ENGINEER's authority as to Applications for Payment, see Article 14, Determinations for Unit Prices. 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. LNGINEER will review with CONTRACTOR the ENGINEER'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 days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (it) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Recisions on Disputes' 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the accepmbility of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work: or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGiNEEit 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 patty 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 ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (finless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreem ent", entered into between O W TER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is iraituted by the appealing patty 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 EXI)COENI M CONDiT10`S 191" (1990 Edfiat) 22 w/ CITY OF FORT OOLJ INS MODIFICATIONS (REV 412000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12 When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have tinder the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.I3. Limitations on ENGINEER's Authority and Responabifities: 9.13.1, Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not wxercise 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 edmstruction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other perscm or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the fuel 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 inspecti=-, 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 ENGINEFR's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without irwalida�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 arty 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 arty, 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 1 I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1, changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii)required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10,4.2. changes in the Contract Price or Contract Times which are agreed to by the parties, and 10.4.3, changes in the Contract 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 EJCDC OENERAL CONDITIONS 19103 (1990 Edtion) wl CITY OF FORT COLLINS MODIFICATIONS {REV 471000) (mcludii-t— but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the givirn� of any such notice will be CONTRACTOR`s responsibrlidy, and the amount of each applicable Band will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE II.I. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment 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 nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGrN'EER 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 ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree an the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 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 determined as follows: 11.3.1. where the Work involved is covered by tint 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 sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.21; 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost ojthe Work: 11.4, The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may, be agreed to in writing by OWNER such costs shall be in amounts no higher than those prevailing in the locality of the project, shall include only the following items and shall not include arty of the costs itemized in paragraph 11.5: 11.4.1.Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll Costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work, Payroll costs shall inedudz b>itnet be limited to; salaries and wages plus the cost of binge benefits which shall include social security contributions, unemployment excise and payroll takes, workers' compensation health argil -retirement benefits; bemuses; applicable thereto. The expenses of performing %Vork after regular working hours, on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. all trade discounts, rebates and ref Inds 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 OWNER, FicDcoENamcoh' moN51910-s(199mition) 24 wt t]TY OF FORT COLLINS MODIFICATIONS ftN A2000) 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 paragraphs 1 i .4, 11.5. 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Casts of special consultants (including but not limited to engineers, architects, testa" laboratories, surveyors, attorneys and acc:ountants� 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 CONTRACTOWs employees incurred in discharge of duties connected with the Work 11,4.52 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER and the 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 taxes related to the Work and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than 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 foes for permits and licenses. 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 5.91 provided they have resulted from causes other than the negligence of CONTRACTOR, arty 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 CONTRACTOWs 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 A.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and innsumnce 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 CONTRACTOR's officers, executives, principals (of partnership and sole proprietcmhips), 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 11A.1 or specifically covered by paragraph 11.4.4-411 of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR' 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). EJCDC GENERAL CONDITIONS 1910-8 (1990 E(lition) wt ("I rY OF FORT COLLI M MODIFICATIONS (REV 42000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by an), of them or for whose ads any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment %%Tongly 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: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11 4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for ants incurred under paragraph 11.4.3, the CONTRACTOR' fee shall be five percent; 11.6.2.3. 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 fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee "We pereetiF 4 tita ant ttit-paid-toe the next le to be neizotiated five percent of the amount paid to the next lower tier $ubccmtractor 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs HAA, 11.4.5 and 11.5, 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR' fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25