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HomeMy WebLinkAbout124455 SUPERIOR ROOFING - CONTRACT - BID - 31631 6071 UTILITIES ROOF REPLACEMENTSPECIFICATIONS AND CONTRACT DOCUMENTS FOR Utilities Roof Replacement 2007 BID NO. 6071 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS October 23, 2007— 3:00 P.M. (OUR CLOCK) I 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performance and the payment of all bills and obligations arising from the performance of the Contract No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids The OWNER reserves the right to re]ect any and all Bids, and to waive any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 O 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 �j 0 0 0 lI :III fl 1 07/2001 City of Fort Collins M James B O'Neill, II, CPPO, FNIGP Purchasing/Risk Management Director Section 00020 Page 2 H r] M ENGWEER, nofingpartmularly the relationship of the payment requested to the schedule of values work completed and materials and equiparent delivered at th, site but not incorporated in the Work 9 3 2 10 Complctron 932InI Betore ENGINEER issues a Certificate of Substantial Complaron, submitt to CON I RACTOR a list of observed items reauinnp cortechon or completion ® 9 3 2 102 Conduct final inspection in the eomnany of the ENGINEER OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed 932103 Observe that all items on the Ford list have bec r corrected or completed and Make recommendaucxms to ENGINFLR concentng accelitance 93 3 Limitation of Authontv 1 he Representative shall not 9331 Authorize any deviations from the Contract Documents or accept arty substitute materials or equipment, tent unless authorized by the INGINLER 9332 Fxceed limitations of FNGINEFR'S authoray as set forth in the Contract Documents 93 3 3 Undertake any of the responsibilities of the CONTRACIOR_ Subcontractors or CON IRACTOR S superintendent 9334 Advise on, or issue directions relative to or assume control over any wspect of fig means methods techrugues, sequences or procedures Car construction unless such is specdrealhcalled for in the Contract Documents 9315 Advise on or issue directions regarding or assume control over sate pi ecsutions and programs in connections with die Work 9336 Accept Short Drawings or sample Submittals trom income other than the ['ON FRAM OR 9337 Autbonze OWNER to occupy the Work in whole or in part 91 3 S pmtsanate in slucmlueel field or laboratory tuts or actions conduot�db others thers Ncept as spa;ificnliv au[hori�cd by the 1,SIG NEERR C(arifieanons and lnteipietahons 94 ENGINEER will issue with reasonable promptness such written clanhuauons or Interpretations of the I J(,DC OLNCRAL CONDI ❑ONS 1910 8 (1990I �Lmap ,1 CITY Or I OR 1 COLLINS NIODil IC A I IOM tRLV 4,2000 t I requirements of the Contract Documents (in the form of Drawings or otherwise) is FNGINEFR may determme necessary, which shall be consistent with the intent of and reasonably enterable from the Contract Documents Such written clarifications and interpretations will be bmdmg on OWNER and CONTRACTOR It OWNER or CONTRACTOR believes that a written clarification or interpretation Iustifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof; it any, OWNER or CONTRACTOR may make a written clam therefor as provided in Article 11 orArticle 12 4uthorizerl Variations in [Fork 95 ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not tnvohe an adjustment in the Contract Price or the Contract Tunes and are compatible with the design concept of the eompteted Project as a Cuncuoning whole as Indicated by the Contract Documents I here maybe accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall Perform the Work involved promptly It OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the mnount or extent thereof OWNER or CONTRACTOR may make a written claim therefor as provided in Article I or 1 Rejecting Defective (Fork 96 FNGINEER will have authority to disapprove or reject Work which FNGINEER believes to be defective or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the de sign concept of the completed Project is a tunetionnig wholo as indicated by the Contract Documents ENGINEER will also have authority to require special inspection or testing of the Work as prov itled in paragraph 139 whether or not the Work is tabnwted, installed or completed Shop Drmoings, Change Gt dei s and ioatmenis 97 In connection with ENGINFER's authority as to Shop Drawings and Samples, sae pm agiaphs 624 through 6 28 inclusive 9 R In connection with FNGINLLR's authority as to Change Orders see Articks It) II and12 99 In connection with M,MN FR's authority as to Applications tot Paymcnt see Article 14 Deternananoai Jot Grid Races 9 10 NUTNEER will determine the actual quantities and clasaikcauom of Unit Price Work performed by CONTRACI OR LTTGINFFR will review with CON PRAGIOR the I Nir1N1jl R'S prehminmy determinations on such matters More rendering a wnitcra decision thcrrrn (bv iecomm,ndahon of an Application 51 0 for Payment or otherwise) ENGINFER's written decision decision, unless otherwise agreed in writing by OWNFR thereon will be final and binding upon OWNER and and CONTRACTOR CONI RA( -I OR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR 9 12 When functioning as interpreter and judge under delivers to the other and to ENGINEER written notice of paragraphs9 10 and 9 11 FNGINEER will not show attention to appeal front ENUINLLR's decision and (i) an partiality to OWNER or CON RACTOR and will not he appeal from ENGINEER's decision is taken within the time liable in connochon with any mterprotation or decision limits and In accordance with the procedures set forth in rendered in good faith in such capauty The rendering of Exhibit GC -A "Dispute Resolution Agreement", entered a decision by ENGINEER pursuant to paragraphs 9 10 or into between OWNER and CONTRACTOR pursuant to 9 11 with respect to any such claim, dispute or other Article 16 or (it) it no such Dispute Resolution Agreement matter (except any which have been waived by the making has been entered into, a formal proceeding is uvstitca,d by or acceptance of final payment as provided in the appealing party in a forum of competent jurisdiction to paragraph 14 15) will be a condthon precedent to any exerasa such rights or remedies as the appealing party may exercise by OWNER or CONTRACTOR of such rights or have with respect to ENGINEER's decision, unless remedies as either may otherwise haw e under the Contract otherwise agreed in writing by OWNER and Documents or by Laws of Regulations in respect of any CONTRACTOR Such appeal will not be subLCt to the such claim dispute or other molter is Article-16 procedures of paragraph 9 11 Q 913 Lumtations on ENGIWR's Authonty and Dectstons on Disputes Responsibthnes 911 ENGINELR will be the initial interpreter of the 913 1 Neither ENUINLLR's authority or requirements of the Contract Documents and judge of the responsibility under this Article 9 or under any other acceptability of the Work thereunder Claims, disputes and provision of the Contract Documents nor any decision ether matters relating to the acceptability of the Work or made by ENGINEER in good faith either to exercise the interpretation of Iho requi©ments of the Contract or not exercise such authority or responsibility or the DocumentS pertaining to the performance and furnishing of undertaking, exercise or performance of any authority the Work and claims under Articles I I and 12 in respect of or responsibility by ENGINEER shall create impose changes in the Contract Pnce or Contract TimeS will be or give rise to any duty owed by ENGNEER to referred morally to ENUINEER in writing with a request CONTRACTOR, any Subcontractor any Supplier for a formal decision in accordance with this par ngmph any other person or organization- or to any surety for R+ntten notiee of each such claim, dispute or other matter or employee or agent of any of them will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but 1n no event 9132 ENGINEER will not supervise, direct, later than thirty daes) alter the start of the occurrence or control or have auilmonty over or he responsible for event giving rise thereto, and written supporting data will CON tRACIOR's means methods techniques be submitted to LNGINEFR and the other party within sequences or procedures of construction, or the safety sixty days after the start of such occurrence or event unless precautions and programs incident thereto, or for any ENGINEER allows an additional period of nmc for the failure of CONTRACTOR to comply with Laws and submission of additional or more accurate data in support Regulations applicable to the furnishing or of such claim dispute or other matter The opposing party performance of tire Work bNGNEER will not be shall submit any reponse to ENUINhER and the claimant responsible for CONTRA(,IORs failure to perform within thirty clays after receipt of the claimant's last or furnish the Work in accordance with the Contract Submittal (unless FNGNEER allows additional tune) Documents ENUINLPR will render a formal decision in writing within ' thirty clays rifler receipt of the opposing party's submittal it 9 13 3 LNG1 NPTR will not be responsible for the any in accordance with thS paragraph ENGINFER's acts or omissions of CONTRACTOR or of any wTmen decision on ,u,h claim, dispate or other matter w ill Subcontractor, any Supplier, or of any other person or be final and hlndmg upon OWNFR and CON IRA(1 OR organiration performing or famishing- any of the unless (I) an appeal from FNGNEER's decision 1s taken Work within the time lams and in accordance with the procedures set forth in F-%lJlBI1 G4A 'Dispute 9144 PNUINPFR'Smewiowof the final Application Resolution Agreement" entered into between OWNLI2 and for Payment and accompanying documentation and ('ON1 RACI OR pursuant to Article 16, or (u) 1f no such all maintenance and operating instructions seheclules Dispute Resolution Agreement has been entered into a guamnteeS bonds and certificates of inspcchon, tests written notice of intention to ipperil hour L'NGNI+lb's andappnAtilq and other docunmentatlon required to be written dwrsion is deln erect by OWNER or delivered by paragraph 1412 will only be to CONTRAC I OR to the other and to FNGINEER w thin dctcrmme generally flint their content complies with thine da}s after the date of such decision and a tomial the requirements of, and 1n the case of certificates of proceeding IS Im MUNd by the appcahng party in a forum of inspections Icsis and approve als tlnn the results competent jurisdiction to exercise such rights or remedies certified indicate compliance with, die Contract as the rin—ling part, may have with respect to such claim Doi,unments dispute or otbcr matter in accord race with applicable Laws and Regulations within sn-ty drays of the date of such 913 S The limitations upon authority and CICDI M NL KAI CONDI I IONS I9I0 9 09901 11mnu 9^ W ( I Il Of I ORI COLLINSNODII IC111ONA KLA V2000) 0 0 2t z♦� ii I1 !0 a� ii N6 responsibility sot forth in this paragraph 9 13 shall also apply to ENGINFFR's Consultants, Resident Project Representative and assistants ARTICLE 10--CHANGES IN ME WORK 101 Without invalidating the Agreement and without notice to any surety, OWNER may at any lime or front time to time, order additions, deletions or revisions in the Work Such additions, deletions or revisrom will be authorized by a Written Amendment, a Change Order or a Work Change Directive Upon receipt of any such document CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided) 102 Tf OWNER and CONTRACTOR are unable to agree as to the extent if any of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Arhde 11 or Article 12 103 CONT RACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Tunes 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 9 104 OWNER and C.ONTRACIOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) cm crag 104 1 changes in the Work winch are (I) ordered by OWNER pursuant to paragraph 101 (u) requueJ because of acceptance of defective Work under paragraph 11 13 or correcting dejectroe Work under paragraph 13 14, or (in) agreed to by the parties, Its 42 changes in the Contrast Price or Contract I cores which are agreed to by the pares and 1043 changes in the Contract Prove or Contract 1 Imes which embody the substance of any written decision rendered by ENGINEFR punuint to pi rripo ph 1) 11, provided that in lieu of executing any such Change Order an appeal nay be taken front am such decision in accordance with the provisions of the Contract Documents and applicable I aws and Regulations but during am such appeal, C,ONTRACI OR shall carry on the Wort. and Adhere to the progress schedule as provided in paragraph 629 105 ❑ notice of any change atledmg the guural scope of the Work or the pim siom of the Contract Documentk i I(ACCI NI RAI CONDI rIOM 1910 8 (1990 I divan) ,'CM OF I ORI COI IANS NIODII ICA I IONS (RE� 4/2enp) (including but not limited to, Contract Price or Contract Times) is required by the provisions of an} Bond to be given to a sm cry, the gn mg of any such notice will be CONTRACTOR, responsibility, and the amount of each applicable Bond will be adjusted accorrhngly ARTICLE 11—CIIANGE OF CONTRACT PRICE 111 The Contract Price constitutes the total compensation (subject to atdhoriwd adjustments) payable to CONTRAC FOR for performing the Work All duties, responsibilitits and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACI OR's expense without change in the Contract Price 11 2 I he Contract Price may only be changed by a Change Order or by a Written Amwdment Any damn for an adjustment in the Contract Price shall be based on written notice deliverer[ by the patty making the claim to the other party and to INUiNEER promptly (but in no went later than thirty days) alter the start of the occurrence or event giving use to the claim and stating the general nature of the clams Notice of the amount of the claim with supporting data shall be delivered within sissy clays alter die star of such occurrence or event (unless FNCTNEpR allows additional tone tot claimant to submit additional or more accurate data in support of the clans) Ind shall to accompanied by clamrant's written statement that the adjustment clauned covers all known amounts to which the clamant is entitled as a result of said murareme or event All clamps for adjustment in the Contract Price shall be delmmmed b} ENGINEER in accordmce with para6mph9ll if OWNER and CON f RACI O12 cannot otherwise agree an the unount involved No clans tar an adjustment in the Contmct Price w i I I be v ah d it not submitted in accordance with this paragraph 11 2 11 3 The value of any Work covuul by a Change Order or of any clans for an adjustment in the Contract Price will be detemm coed as follow s It 3 t Oncsc th, Wod, involved rs covered by tut prices (untamed m the Contract Documents by application of such umt prices to the quantities of the items mvohed (subject to to provisions of _'3 X I Ll 1 Paragraphs 11 9 1 through 11 9 3, inclusive), Q 11 32 white the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, Including lump suns (which may include an allowance for overhead and profit not nccessanly in accordance with paragraph 11 62), 1 1 3 3 where the Work mvolvLd is not covLrul by unit prices contained in the Comrad Documents and agreement to a lump sum is not reached under paragraph 11 3 2 on the basis of the Cost of the Work (deteriorated as provided in paragraphs 11 4 and 11 5) plus a CONTRACTOR's ILL for overhead and profit (determined as provided in paragraph t I Cosf of the Work 11 4 The term Cost of the Work means the sum of all ants necessarily incurred and paid by CON I RAC I OR in the proper performance of the Wolk Except as otherwise may be agreed to in wriung by OWNER such toss shall be in amounts no higher than those prevailing in the locality of IhL Project, shall Include only the lollowmg ALMS and shall not include any of the costs ilemtud m paragraph 11 5 11 4 1 Payroll Loss lot Lmployees in the din Lt employ of CON I RACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR Such umployees shall include without hm Italion superintendents, foremen and other personnel employed lull -time at the site Payroll unls for employees not employed full -tune on the Wort, shall be apportioned on the basis of their time spent on the Work Payroll ants shall in iludo but -rest be I inuted to- slancs and wagos plus thL Lost of 6mgc benefits which shall include social seLunty contributions, uneniploymment, Lsclse and payroll lases, workers' compensation, health and retirement benehs-bonuses- sak-4eaN e vacmnxrand ho idnyymy applm•ible thereto [he expenses of perfomung Work ottei rLgular working hours, on Snmrdiv Sunday or legal holidays, shall be included in the above to the extern authon7ed e by OWNER 11 42 Cost of all materials and equlpnmumt Imnished and incorporated in the Work muludumg costs of uvnpormtlon and storage thereof and Suppheis' field services required in connection therewith All cash discounts shall necrue to CONTRACIOR unless 01\WER deposits funds with CON TRAC I OR with which to make payments, in which Lase lhL cash dlSLnnntS shall 'ILLrue to OWNER All unde discounts rebates and munch and mtums Loin sdL of surplus materials and egmpnmcnt shall accrue to OWNER and CONTRACI OR shall make pro;isions so that th,v may bL obtained 11 41 Payments made by CON I RAC I OR to thu Subcontractors for Work perfonucd or IurnisliLd by Subcontractors If required by OWNER, I N DCUN[ RAI CO*1D1 IIONS 1910 R p99111 dinon) 24 w1 fY 01 1Oltl CO[ I INSAIODII 1C 5IIONS RU-V420001 CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CON RACI OR and shall deliver such bids to OWNER who w di thLn determine with the advice of ENGINFER which bids if any, will be accepted If any subcontract pro; Ides that the Subcontractor Is to be paid on the basis of Cost of the Work plus a fie, the Subcontractot's Cost of the Work and fee shall be cletermmccl in the sansu manner as CONTRACTOR'S Cost of the Work and fee as prootded in pamgmphs 11 4, 115, 116 and 117 All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable 1144 Coss of sP,Llal consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Wort. 11 4 5 Supplemental Loss including the following 114 5 1 The proportion of necessary transportation, travel and subsistence expenses of WNTRACIOR's employees incurred in discharge of dutiLa connectal w ith the Work 11 4 5 2 Cost, Including transportation and maintenance, of all materials, supphLS, equipment machinery appliances, office and temporary faaliti N at the site and hand tools not owned by the workers, which are consumed in the performance of Ihi, Work and Lost less market aloe of such items used but not consumed which remain the propctty oC CON 1 RACTOR 11 4 5 3 Rentals of all construction equipment and nmaLhlnery and the parts thereof whd Cher rented from CONTRACT OR or olhere art accordance with rental agreements approved by OWNIR with the advice of LNGINLER and the costs of transportation, loading, unloading Insiallatioq dismantling and removal thereof —all in accordance with terms of said rLnml agleenments the rental of any such equipment, Machinery or parts shall cease when the use thereof Is no IongLr necessary for the Work 11 4 5 4 Sales, consumer, use or sinidar lases Iclntul to thL Work and lot which CON RACTOR is liable imposed by jaws and Regulations 11 4 5 5 Deposits lost for causes other than M"lIgcnce of CONTRACTOR inn bubcontmctor or anvone duectly or indirectly LmplovLd by my of thu m or for whosL des any Of alum nlay, be liable, and royalty payments and fees for penal and licenses 11 4 5 6 1 ossLs and damages (and relatul expenses) causal by damage to law Work not LonmpLns teJ by Insurance or othLrwlsL sustamed by CONTRACTOR in connection with the H H C C L LJ Ni II I P H H n L N' LJ Y performance and furnishing of the Wort. (execpt losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5 9) provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable Such losses shall Include settlealLms made with thL wntt,n consent and approval of OWNER No such huscs clanmgcs and expenses shill be included in the Cost of the Work for the purpose of dG,termmng CONI RACI OR's fee If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall b, paid for services a fi.c proportionate to that stated in ptragmph 11 62 114 57 The cost of utilities fuel and sanitary facilities at the site 11458 Minor expenus such as telegrams, long distance mlephone calls, telephone service at the site expressage and similar petty cash items in conn"lion with thL Work 11459 Cost of premiums for adddional Bonds and insurance required because of changes in the Work 11 5 1 he tern Cost of the Work shall not include any of the following 1151 Payroll costs and other compcmat)on of CONIl2ACIOR's otfieers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys auditors, accountants, purchasing and contracting agents expediters, timekeepers, clerks and other personnel employed by CON I RACTOR whether at the site or in CONTRACIOR's principal or a branch olhce for general acLnaustrauon of the Work and not specifically included in the agreed upon sch LIUle of lot' classifications retcned to in paragraph 1141 or specifically covered by paragraph 11 4 4-all of which are to be considered admamsnatrvc LOSLs covered by the CONTRA( rOR s fee 115 2 Exlxnses of CONTRACTOR's principal and branch offices other than CON RACTOR's office at the Site 115 3 Any part of CON I RACT OR's capital expenses, including interest on CONrRACTOR'S capital employed for the Work and charges agomst CONTRACI OR for dchnquent pnynients I I i 4 (.out of premiums for all Bonds and for all uisuranu, whether or nut CONI R %CI OR a rcqurrcdl by the Contiact Documents to purchase and maintain the tame tcxoept for the cost of premiums coeered by subparagraph 11 4 5 9 aboeel L]CDC GPNLRAI C ONDMONb 1910-8 (1990 Ldiunn m/ CI I Y Or 1 OR 1 COI LI NS AIODr11C 1 riom (KLV 10000) 11 5 5 Costs clue to the negligence of CONTRACTOR any Subcontractor, or anyone directly or mdrrecdy employed by any of them or for whose acts any of them may be liable including but not limited to, the correction of defeenve Work disposal of materials or equipment wrongly supplied and nuking good any damage to property 11 5 6 Other overhead or general c\pense costs of any kind and the costs of any dean not speuiically and expressly included in paragraph 114 116 The. CONTRACTOR's lee allowed to CONTRACIOR lot overhead and profit shall be determined as follows 11 6 1 a mutually acceptable fixed fee, or 116 2 if a filed fee is not agreed upon then a fee based on the following percentages of the various portions of the Cost of the Work 1162 1 for costs mcu red under ptuagraphs 11 41 and 11 42, the CONTRACT OR's Le shall be fifteen percent, 1 1 6 2 2 for costs incurred under paragraph 11 4 3, the CON I RACT ORs fee shall bL live percent, 11623 where one or more hers 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, 114 3 and 11 62 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 114 1 and 11 4 2 and that any higher tier buhoon radon and CON I RACT OR w ill each he Paid a teeaal-{iva-pnrear Q•hP.,nrcwr�pn+dl-te the ne<Hmver-lreFStrbcontraet r to b, nemliau,d m good faith with the OWNER but not to exceed live percent of the amount paid to —the low er per Subcontractor I 1 6 ' 4 no tee shall be payable on the basis Of Losts nenuied tinder paragraphs 11 4 4 11 4 5 and 11 5 11 o 2 s the amount of credit to be allowed by CONIRACIOR to OWNER for any change which results in a net decrease in cost will Iw 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 imohed in am one change, the adjustment in CONTRA('TOR's ILL shall bL computed on the basis of ilia net change in aceorJance with lemagraphs 11 6 2 1 through I I b 2 5 inclusive 117 Whencvu the cost of any Work is to be 25 CIP k H H L H iI I 1 H P L In ddemuned pursuant to paragraphs 114 and 11 5, CONTRACTOR will establish and maintain records thereof um accordance with generally accepted accounting praetees and submit in form acceptable to ENGINEER an item ved cost breakdown together with supporting clata Cush 2111"vinces 11 S It is understood that CONTRACTOR has Included in the Contract Price all allowances so mimed In the Contract Documents and shall cause the Work w covered to be tarnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONI RACTOR agrees that I 1 R 1 the allowances include the cost to CONIRACI OR (less any applcable trade discounts) of materials and equipment regUIrLd by the allowances to be delivered at the site, and all applicable taxes, and II S' CON IRAC roll's costs for unloading and 1-kindling on the site labor, installation costs, overhead, profit and other cspenses contemplated for the allowances have been included In the Contract Price and not in the allowances and no demand for additional pavmcnt on account of any of thL lorLgomg will be valid Prior to fir all payment an appropriate Cliange Orckr will be Issued as recommended by I:NGINLLR to reflect actual amounts due CONTRACT OR on account of Work covered by allowances, and the Contract Price shall be uirresponchngly adjusted 119 Und Pnce IVnrA 11 91 Where the Contract Documents provrdL that all 01 part of the Work is to Ix Unit Puce Work, initially III, Contract Price will be daerm,d to Include for all Unit Price Work an amount equal to the suns of the established unit panes for each sefelmtely identified FILM of Umt Price Work tunes the stlmatcd quantity Of each item as Mdrnated in the Agreement I he estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining sit mind Contract Ptce Dctummations of the actual quantities and Llassrticatiorns of Unit Puce Work performed by C.ONFRACIOR will be made by FNGfNI I-,R in ocLordanw with paragraph 9 10 11 9' FaLh unit price will be Chemed to nicludt an amount considered by CON f R GI OR to be adequate to cover CON I RAC OR's overhead and profit for each separalcly identlliLd item 11 9 3 OWNER or CONTRACTOR may make a claim for an adjustntm in the Contract PDLe in accordance with \ruclL I I it 11 9 i 1 the quantity of any item of Unit Price Work pertorl by CONTRACTOR differs materially and slgnifrcantly Irom the cshmatLd quantity of 1u1h Itcnl mdlcatcdl In the Ag,enient 1 ](D(OI NI KAI (ONDITION11910 S (19901 Jmwp aI(I rY 01 1 Oat I COI I 1 Ns MOD111(d 1 IONS ([If N 4/1000) and 11932 there Is no corresponding adjustment with respect to any other item of Work and 1 1 9 3 3 if CONTRAC I OR beheN es that CONTRACTOR Is entitled to an increase In Contract Price as a result of having incurred additional expense or OWNER behwea that OWNER is entitled to a deertaw In Contract Price and thL parties are unable to agree as to the amount of any such increase or decrease 11934 CON I RACI OR acknowledges that the OWNER has ihL neht to add or delete items in the Aid or change quantities at OWNER'S sole discretion without affecting III, Contract Price of anv remaining item an, lonu as the delUron or addition does not esceed twcnt -Iv ire percent of the original total Contract Price AR I ICLE 12--CHANGE OF CON I R1CT TIMES 12 1 The Contract 1 imos (or Milestones) may only be changed by a Change Order or a Written Amendment Any clams for an adjustmLnt of the Contract fines (or Milestones) shall be based on written notice delivered by the patty making the clams to the other party and to ENGINEER promptly (but In no event later than durty clays) after the occurrence of the even going rise to the claim and siting 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 INGINEER allows additional time to ascertain more aocurate data in supparl of the claim) and shall be accompanied by the claimant's wnta,n statement that the adjustment darned 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 clauns for adjustrerrt m the Contract I ernes (or Milestones) shall be deteniimed by ENGINEER in accordance with pamgmph9ll if OWNER and CONI RACTOR cannot otherwise agree No claim for an adjustment M the Contract I rites (or MIILSUInes) will be valid it not submitted in aLeordance with the requirements of this paragraph 12 1 12 2 All time IMmds stlLd in the Contract Documents are of the essence of the Agreement 123 Where CUNT RACTOR Is prey ented from wmpletng any Part of the Work within the Contract Tortes (or lvhkstones) due to delay bovond the control of (,ON] RACI OR, the Contract I rites (or Milestones) will be Lstunded in an amount equal to IIMC lost due to Such delay If a dram is made therefor as provided in patagmph 12 1 Delays heynncl the control oI CONI RACTOR shall Indud, but not bL IimLLu1 to acts or neglect b} O\\NFR acts or neglect of utility owners or other contractors per tormIng other work as contemplated by Antele7 lire& tlocxls Lpalenncs abnormal wethLr Londltions or aLts of God Dela}s attributable to and within the control of a Sulxontraetor or Jmppher shall be deemed to be delays within the control of CONTRACTOR 124 Where CONTRACTOR is prevented from completing any part of the Work widma the Contract 7 Imes (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract rmreS (or MJ1CSt0nes) In an amount usual to the time lost due to such cicday shall be CONTRACTOR's sole and exclusive remedy for such delay In no event shall OWNER be liable to CON I RAC FOR, any Subcontractor any Supplier, any other person or orgamzation, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (a) delays caused by or within the control of the CONTRACTOR or (I) delays beyond the control of both parties including, but not limited to, fins Models, cpidemas, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7 AR7 ICLE 13--1ESFS AND INSPECTIONS, LORRLLIION, REMOVAL OR ACCEPIANCL OF DAJ• ECPIVE WORK 131 Notice of Defects Prompt nonce of all elefeatve Work of which OWNER or ENGINEER have actual knowledge will be given to (,ONIRACIOR All defective Work may be rejected correo.ted or accepted as provided to this Article 13 Aecenn to Wonk 132 OWNF,R LNCTNFFR, FNGINIiNR's Consultants, other reprcacntatnes and personnel of OWNER independent testing laboratories and got ernmental agencies with jurisdictional interests will have ddcess to the Work m reasonable —amen for their observation mspeeung and tasting CON I RACI OR shall provide them proper and sate conditions for such aCLMS and advise them of CON I RACTOR's site safety procedures and programs so that they may comply therewith IS apphcable I gists and In specnon s 133 CONTRACTOR shall give ENGINFFR timely nouco of readmess of the Work for all nquued mspcctions, tests of approvals and shill cooperate with msp,c ion anal testng personnel to tamhwte regoued Inspections or tests 13 4 OWNFR shall mploy and pay for the swvlces of an independent testing laboratory to petfolni all mslxo.tnms, tints or approvals required by in, Contract Documents except 13 4 1 for uupuaoas IestS of dppmydk eovend by paragraph 13 5 bdow 1342 that Costs mctmod in connection with 0.stS or arslections conducted pursuant to paragraph 13 9 NCDC(a NCRU CONDITIC-M 1910 4119901 Auan a/ClI) OI IONI CulJ INb NODII 1C.11l 3NS(R1N'4rn00) below shall be paid as provided In said p aragmph 13 9, and 13 4 3 as othcrwisc speeahcally provided in the Contract Documents 135 If Laws or Regulations of any public body having jurisdiction require any Work (or part thcreol) specifically to be Inspected, tested or approved by an employee or other npresentmn e 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 ccruficm0.s of uispeclron or approval CONTRACTOR shall also be responsible for arranging and obtaining and shall ply all costs in connection wdh any Inspections, tests or approvals requlrod for OWNER'S and ENGINEERS acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for approval prior to CON I RACI OR's purchase thereof tul incorporation in the Work 136 If any Work (or die work of others) that is to be MSIIcotul, u,stcd or approved is covci-W by CONTRACIOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation 137 Uncovering Work as prm ided in paragraph 13 6 shall he at CON 1 RAC LOR's expense unless CON I RACTOR has given INGINEER tmaely nonce of CONIRACTOR's intention to cover the same and LN(,INLLR has not acted with reasonable promptness in response to such notice Oneovenng 141rak 13 8 1l any Work is covcracl contrary to the wnt4n request of PNGINFFR it must, if requested by ENGINEER, be uncovered for ENGINLCR's observation and replaced at CON I RAG I OR's espensc 139 It ENGINEER considers it necmmry or adv iable that entered Work be observed by ENGINEER or inspected or tested ht others CONI'12AUOR, at ENGINEER's inquest shrill uncover c\pose or otherwise make available for observation, inspection or testing as FNGINFFR may require that portion of the Work in question furnishing all necessary labor material and equipment If it is found that such Work is cJcfecbve, CON I RACI OR shall pry all clemrs, costs, losses and damages caused by, anvng out of or resulting from such uncotermg, exposure observation inspection and testing and of Satisfactory replacement or reconstruction including but not lun«ed to all costs of iepmr or replacement of work of others) and OWNER shall be entitled to an appropriate decrease in the Contract Price and, If the Imrtas are unable to agree as to the amount thereof racy niak, i d,Lum dren.lor as prodded in adICIC I I It hOwel9r such Work Is not found to be defective CON I RACI OR shall be allowed an mere.r, , in the Contract Price or an extension of the Contract Times (or Milestones) or both di%Cth nttnbutable to such 17 E E u e' lyJ I L u L .IA uncovering, exposure observation aspection, testing, replacement and reconstruction, and, it the parties are unable to agree as to the amount or extent thereof, CONI RACTOR may make a (Lamm lhcrctor as provided IF Articles I I and 12 OIVAE'R 3fay Stop the Work 13 In It the Wort, is defective, or CONTRACTOR fails to supply sufticrenl skllled workers or suitable materials or equipment or fads to furnish or perform the Work in such a way that the completed Work will conform to the Contract Dolurri OWNER may order CONTRACTOR to stop the Work, a any portion thereof, until the cause for such order has been dannated however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party Correction or Removal of Defective Work 13 11 If required by ENGINEER CONTRACI OR shall promptly as directed either correct all defective Work, whether or not fahrtcatecl, installed or uvnpleud, or, if the Work has been nclwled by L^NGINELR removcit from the site and replace it with Work that is not defective CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such connwtron or removal (including but not minted to all posts of ropamr or rephmement of work of others) 13 12 Correction Penod 13 12 1 if within ere -year two year after the date of Substantial Completion or such longer period of time as may be prescnbed by Laws or Regulations or by the terms of any npphoable special gummntee required by the Contract Documents or by any speufic provision of the Contract Documents, any Work is found to be ckfecrne CONTRACIOR shall promptly, without cost to OIVNLR and in acuodance W ith OWNFR's written instiudions (i) correct such alejeLnve Wort, or it it has Ixen rejected by OWNER, remote It from the site and replace it with Work that is not atzfectrve and QQ satisfactorily correct or remove and replace any damage to other Work or the Work of others resulting therefrom It CONTR AC I OR does not promptly comply with the terms of suoh instructions, or in an emergency where delay would cumx serious rrsk of inns or (Linage, OWNFR may have the defeetii e Work corrected or the releLted Work ienimed and replaced, and all claims, ants, losses and damages caused bt or resulting trout such removal and replamment (adudmg but not limited to all costs of relair or replacement of Work of others) will be Paid by CONTRAC I OR 131„' In sp.ual eireumstana.s whtrL a particular rtern of equipment is placed in continuous 9MILe before SubgWnoal Completion of all the Work, the eornction period for that item may start to run from an Lather date it so provided in the Specifications or by Written Amendment 13 123 WhLrL deleebye Work Land damage to other �b I JCD( r a NI RN r uNDI 11ONS 1910 s (199n 1 dtrnnl u/ C I Y L-I I OttI L01 LI NS A10DII I(,A r10NS ML V 4P000) Wort, resulting thcrotrom) has been connected, removed or replaced under this Paragraph 13 12, the conectlon period hereunder with respect to such Work Will be extended for an additional period of one-year two year after such correction or removal and replacement has been satisfactorily completed Acceptance of Defechm e Work 1313 It, ustead of requirmg coracuon or r moval and replacement of ?Lfeenve Work OWNER (and, prior to ENGINEER's o,commcndatton of final payment, also ENGINEER) prefers to accept it OWNER may do so CONTRACTOR shall pay all clauns costs, losses and damages attributable to OWNER's evaluation of and deter mmation to accept sudm defective Work (such casts to be approved by ENGINEER as to rcasonablencss) If any such acceptance occurs prior to ENGINEER's recommendation of final payment a Change Order will be issued mc,orporating the neoossary mvsions m the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate decease m the Contract Price and, if the parties arc unable to agree as to the amount thereof, OWNI R may nmakL a claim therefor as provided in Article 11 It the aweptmra" Occurs after such rwommcndatton, an appropnat, amount will be paid by CON 1 RAC I OR to OWNER 03WE"R Mal Correct Defeaeve Work 13 14 If CONTRACTOR fads within a reasonable time after written notice from ENGINF,TI2 to correct defective Work or to remove and replace related Work as required by I NGINEM in accordance With paragraph 13 11, or if CON I RACI OR fads to perform thL Work in accordance with the Contract Documents, or if CON IRACTOR fails to comply with any other provision of the Contract Documents OWNER may after ween clays' written notice to CON IRA( TOR correct and reined} any such deficiency In esercrsmg the rights and remedies under this paragraph OWNER shall proceed esfxchuously In connwtron With such corrwtnre and remedial action, OWNER may exclude CON I RACI OR front all or part of the site, tale possession of all or part of the Work and suspend CON RACI OR's senaees related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and mcorpxate in the Work all ntansials and equipment stored at the site or for Which OWNER has paid CONTRACTOR but whwh are stored elsewhere CON IZAWOR shall allots OWNER, OWNbR's rapresentativcs, agents and employees, OWNLR's other contractors and FN(IiNb FR and ENGINELRs Consultants access to the site to enable OWNER to exec L1%L the rights and ILm L(1105 undw the paragraph All daang, costs lasses and damages owned or sustained by OW'NFR in LSLrersrnv suoh nohts and remcches tt ill be chmgcd against CONTRACTOR and n Change Order wtll be issued mcorporanng the nttavaiy recisions in the Contract Daoum Lam With nspoet to the Work, and OWNER shall be Lnutled to an appropriate decrease in the Comiaot Pr,,, gnd, if dmL p noes are urnblL to agr LL as to the amount IhLrcol OWNER ma, mak, a chino di,refor as pros idLd in Artwle I I buoh clams costs, losses and f N N A ill M L N r� A L11 R Itl r✓ I 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 defycbve Work CONTRACTOR shall not be allowed an extemion of the Contract Times for Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's Tights and remedies hereunder ARTICLL 14—PAYMENIS 1 O CONIRALIOR AND COMPLETION Schedule of Values 141 The schedule of values established as provided in paragraph 2 9 w ill serve as the basis for progress payments and will be incorporated into a form of Application for Payment,w.eplable to FNGINLLR Progress payments on account of Unit Price Work will be based on the number of units complcRd Application for Progress Payment 142 At least twenty days besot e 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 C'ONTRACI OR covering the Work completed as of the date of the Applinton and accompanied by such supporting documentation as is required by the Contract Documents If payment is iequested on the basis of in itenals 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 recuved the materials and equipment hee and clear of all I teas and evidence that the materals and equipment are covered by appropriate properh m,urancc and other arrangements to protect OWNFRs interest therein all of which will he satisfactory n• CANNER I he amount of retamage with respect to progress payments will be as stipulated in the Agreement Any -funds that are wtthheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or anv arrangements mvoh Inc an escrow or oustodwnshij_ By esecutm tg he application for Ira mcnl form the (,ONI R AM OR expressly w mves his right to the benefits of Colorado Revised Statutes, Section 24-91-101 of seu C0NTR4( TOR's Warranti of I fde 14 7 CONTRACTOR warrants and guarantees that title to all Work ntateuils and equipment downed by any Application for Payment whither incorporated m the Project of not will pass to OWNF12 no later than the time of jra}ment tree and Clem o1 all Liens Rei fen of 41;plicatmns Jor Pr ogt ess Pal ment 144 ENGINEER will, wuhm ten days after roLLipt of each Application for Pa)Illeill either indicate in canting a L I,,DC GI NI R 4L COM)1 I I9Ns 1910 R 119901 diner 1 o/CI11 Of 1ORI COLLINs MODII IUIIONS(RI % 1/2000, recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in wi Itmg ENGINFFR's reasons for refusing to recommend payment In the latter case CONTRACTOR may make the necessary corrections and resubmit the Application Ten clays aftei presentation of the Application for Payment to OWNER with ENGINEER!% recommendation, the amount recommended will (subject to the prow isfons of the last sentence of paragraph 14 7) become due and when clue will be paid by OWNER to CONTRACTOR 145 ENGfNEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER based on FNGINEER's on -sue observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief 1451 the Work has progressed to the point indicated 1452 the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Cwmplction to the results of any subsequent tests palled for in the Contract Documents to a final determination of quantities and classifications for Unit Price Work under paragraph 9 10, and to any othet qualifications stated in the recommendation), and 14 5 3 the conditions precedent to CONTRACIOR's being entitled m such payment appear to have been fulfilled insotar as it is 1,NG1NEER's responsibility to observe Hie Work I[owe%er by recommending sny such payment FNGINLLR will not thereby be deemed to have represented that (i)exhaustive or continuous on -site inspections have been made to check the quality or the quantity of Hie Work beyond the responsibilities spemdeally assigned to ENGINFFR in the Contract Documents of in) that there may not he other matters or Issues between the pames that meet entitle (.ONTRAC7 OR to he paid addinonally bl OWNER or entitle O W NFR to w dhhold pay ment to CON I RAC F OR 146 LNULNFFR's iesonnacrosuon of any payment including final pwntent, shall not mean that I NGINLER is responsible toi CONIRACIOR's nrean� methods techniques sequences of procedures of costt ucnon or the safety pmcautions and programs msadent lhweto or for any tolure of (ONT RAC OR to conilik with Laws and Regulations appllaiblc to th, furnishing or pertontance of Work, of tot an) failufc of CON 1 RAM OR to petfornt of Furnish Work in a.cordanee svnh the C unuacl Documents 137 ENWNFER may refute to n,eominencl the whole or any part Of ant payment If in EstGNEER's opinion, it would bL incorrect to make the repfcsentattons to i9 0 Ko W Z n� A A OWNER referred to in paragraph 145 ENGINEER may also refuse to recommend any such payment or because of subsequently discovered evidence or the results of subsequent inspections or tests, nullity any such payment previously recommended, to such extent as may be necessary in FEIGINEER's opinion to protect OWNER from loss because 1471 the Work is defective, or oompleRd Work has been dam aged requiring correction or replacement 1472 the Contract price has been reduced by Written Amendment or Change Order, 14 7 3 OWNER has been required to correct defective Woik or complete Work in accordance with paragraph 13 14 or 1474 ENGINLLR has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15 2 1 through 15 2 4 inclusive OWNER mac refuse to makc payment of the full amount recommended by pNG1N1 LR because 1475 elamts have been made against OWNER on account of CON 1 RACTOR's perlomnance or furnishing of the Work 14 7 b Liens have been filed In connection with the Wotk except where CONTRACTOR has delivered a specific Bond smisfactory to OWNER to secure the satisfaction and discharge of such Liens, 1477 there ateother ltemsemitting OWN LRIuasat- off against the amountrecommendeek or 1475 OWNER has actual knowledge of the occurrenc,. of ane, of the events enumerated in paragraphs 14 7 1 through 14 71 or Inmgraphs 15 2 1 through 15 ^ 4 ua luswt hot OWNER must give CONTRACTOR anmediste written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTR 1CTOR the amount so withheld, or any, adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNLR's satisfaction the rsusons for such ration .Subslantial Completion 148 li hen (.ON I R \C [OR considers the entire Work readv for its intended use GONPRACIOR shall notify OWNER and FNOhNEFR in writing that the entire Work is substantially complete (except for nenx specifically listed by (.ONTR.ACTOR as uwonlplcte) and request that PNGTNEER issu, a certificate of Substantial Completion Within a reasonable time thereatfer, OW NFR, MN rRACTOR and ENGINEER shall make an inspection Of die Work to determine the status of completion If FNGINLER does not consider the Wick subsmntially combat, ENGINTUR twill notify CONTRACIOR in waning gnmg the reasons theretor II FNGTNEFR aJ( X (,[-NLR11 (ONDI110NS1)10-8(199u Editima 30 it r CI IY 01 OA1(OLLIM W00111(AILONSrRi V42009r considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the cemficate or attached list If, after corurdenng such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative ccrtificine to OWNER notify CONTRACTOR in writing stating the reasons therefor If after comademtton of OWNER's objections, ENGINEER considers the Work substanhatty complete FNGLNEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a reeised tentative list of items to be completed or corrected) reflechng such changes from the tentative certificate as ENWNEI,R believes justified after consideration of any objections from OWNER At the time of delivery of the tentatve certificate of Substantial Completion FNGINLLR will deliver to OWNER and CONTRAC 1 OR a w ntten rcconimendation as to division of responsibilmes pending final payment between OWNFR and GONI RACTOR with respect to security operation, satcty maintenance heal, uhhtres insurance and warrantiu and guarantees Unless OWNER and CONTI RAC I OR ago ec otherwise in w sting and so mfom 1,NG[NEF12 in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINELR's rloremid recommendation will be binding on OWNER and CONTRACI OR until final payment 149 OWNER shall have the right to exclude CONTRA( IOR from the Work after the date of Substantial Completion, but OWNER shall allow CON f RAC TOR reasonable access to complete or correct items on the tentative list PmYad Ohli;Rgon 1410 Use by OWNER at OWNFR's option of any substammll} completed part of the Work, which (r) has spemfT,ally been identified in the Contract Documents, or (it) OWlsft, LNGINTFR and CONTRACTOR agree constitutes a separately lunc.tiomng and usable part of the Work that can be used by OWNER for its intended pugxxe without signnhcant interference with CON I RAC MR's perloomance of the remainder of the Work, may he accomplished prior to 4ubsmritial Completion of all the Work sublect to the following 14 10 1 OWNER at any tome may request CON I RMA OR in writing to permit O WNPR to use any such pan of the Work which OWNER believes to be ready for its intended use and substantially complete If CUN 112ACTOR agrees [fiat arch partof the A ork n aubstannalh complete CONTRACTOR will oernl to OWNER and ENGTNFFR that such Ixin of the Work ,+uI,smntM[y complete and request FNOINEER to issue a eerlihcatc of Substantial Completion for that part of the Wort. 4 C 1�1 fl SECTION 00100 aINSTRUCTIONS TO BIDDERS C AF 1 m I" E LI In E 41 P SS;, R U AS V PI P1 !J ',[t A CONTRAC FOR at any time may notify OWNER and ENGTNFER In writing that CONTRACTOR considers any such part of the Work ready for Its intended use and substantially complete and request ENGINEER to Issue a cerhhwte of Substantial Completion for that part of the Work Wlthtn a reasonable time cider either such request OWNER, CONTRACTOR and ENGINEER shall make an Inspection of that part of the Work to determine Its status of completion It ENGINEER does not consider- that part of the W ork 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 provision 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 responabdity in respect thereof and access thereto 14 102 No occupancy or separate operation of part of the Work v ill be accomplished price to conmphance with the iequve cents of paragraph 5 15 in respect of property insurance Fnal Inspection 14 11 Upon written notwe from CONTRACTOR Trot the entire Work or an agreed portion thereof is complete ENGINEER wtll make a final Inspection with OWNER and CON RACI OR and will notify CONI RACTOR in writing of all particulars in which this inspection reveals that the Work 1s inconmplete or defective CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies Final dpplicanon for Payment 1412 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered In accordance with the Contract Documents all mcamennce and operating instructions schedules guaranlcas Bonds cartificates or oilier evidence of insurance Tecpnred b} paragraph 5 4, certificates of inspection ranked -up record documents (is provided in paragmph619) and other documents CONTRACTOR may mare application for final payment following the procedure for progress pan rents The final Applrnation for Payment shall be accom Riled (except as previously dalneled) by (i)all docunicmation called lot in the Contract Documents including but not limited to the evidence of msutance requited by subparsgr9ph5413, (u)eori,cm of the surety it any, to final payment, and (lilt complete and legally effective releases or wmncrs (alLstactory to OWNER) of all Liens arising out of of filed in connection with the Work In lieu of such releases or waivers of Dens and as approved by OWNER, CONTRACTOR may Furnish rccupts or releases m full and aftllan rt of CONTRACTOR that (011ie lelcascs and receipts unclude all liboi, serv¢.es material and equipment for mhtch a Lien could be piled and (u)all payrolls mateiml and cgmpment bills and other mdebtulncss conneued ntth the Work torishmh OWNER cl OWNLR's property might m anyway be responsible have been paid or otherwise sensual If any Subcontractor or Supplier fads I ir,DC(,EN: R %I COND1 IlOM 1910 3 (19901 dinars) o' CIl1 Of I CRT COLLINS MUDII IC 1111DM,1ti,V 4C000 to furnish such a release or receipt in full COATI RACTOR may furmsh a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of hens and the consent of the surety to finalize payment are to be submitted on forts confomnngto the format of the O WNLR'S standard forms bound in the Prmect manual Final Payment and 4cceptance 14 13 If on the basis of EN(IMM's observation of the Work during construction and final Inspection and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's Other obligations under the Contract DOCmnents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, mchcate in writing ENGINEER's recommendation of payment and present the Application to OWNFR for payment At the same time ENGINEER will also give written notice to OWNER and CONTRACI OR 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 winch case CONl RACTOR shall make the necessary corrections end resubmit the Application Thirty days attar presentation to OWNER of the Application and awompanymg documentation, in appropriate form and substance and with ENGINEER's iecommendation and notice of acceptability the amount recommended by ENGINELR will become due and will be paid by OWNER to CONCRACT OR sublet to paragraph 1762 of these General Conditions 1414 it, through no fault of CONTRACI OR, final completion of the Work is significantly delayed and if rNGINEER so confirms, OWNER shall, upon receipt of CONTRACt OR's final Application for Payment and recommendation of ENGINEER and without Lenoir aug the Agreement male payment of the balance due for that portion of the Work idly completed and accepted It the renaming balarue to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement and of Bonds have been furnished as required in paragraph 5 1, the written consent of the surety to the Ixgment of the balance due for that portion of the W'otk fully completed and accepted shall be submitted by CONTRACTOR to ING1NLLR with the Application for such pryment such payment shall be made under the tarts and conditions governing final pryment, except that it shall not construe a waiver of clans Raiver of (.fauns 14 11 The making and acceptance of final payment will 14 1S I a iwrver of all claims by OWNI'R agues CONTRACTOR Cso,pt claims onsmg trait umettled T tens from aetecme Wilk appearing after 31 le k t X' Ne OKI N 0 Ls 1 r'' W' NO 8 III Io final inspection pursuant to paragraph 14 11 Iron failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or Gom CONTRACTOR's continuing obligations under the Contract Documents, and 14 15 2 A waiver of all clams by CONTRACTOR against OWN1eR other than those previously made in writing and still unsettled ARTICLE I5--STJSPFNSION OF WORK AND TERMINATION 01Ij,XR May Suspend Work 151 At any time and without cause, OWNLR 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 lee the date on which Won, will be resumed CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall N, atlowcd an adjustment in the Contract Price or an extension of the Contract Tires or both, directly attributable to any such suspension if CONTIILAUOR makes an approved claim therefor as provided in Articles I I and 1 OWNER Map Tetnunate 15 2 Upon the occurrence of any one or more of the following events 15 2 1 it CONTRACTOR persistently fails to Fortuna 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 paragraph29 as adjusted from time to time pursuant to paragraph 6 6) 1522 it CONTRACTOR disregards laws or Regulations of any public body having jw isdiction IS23 it CONTRACTOR disregards the muthorty of LN(,lYLLR, or U 24 it CONTRACTOR otherwise violates in mw substantial way any provisions of the (.ontigct Documents OWN1R may, after giving CONTRACTOP (and the surety, it any) avcn days' written notice and to the extant permitted by Laws and Regulations terminate the seivicos of CON I RACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRAt 1012% tools, appliances comsmuction equipment and mac}nnery ai the site and Inc i r, same to the full extent they could be used be CONI R VCFOR (without I abihh to CONTRAU OR for trespass or conversion) incorporate in the Work all materials and equipment ql sed at the site or for which OWNER has prod 1 1( DC CI NI R V CONDFNON% 1910 S U 99e 1 dr,,L ) 3- w, CI I Y OI I OR I COI I IN11MCD11 n-AIIONS(H--V42a00) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient In such case CON RACI OR shall not be entitled to receive any further payment until the W ork 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 CONI RACTOR It such claims costs, lasses and damages exceed such unperd balance, CONTRACTOR shall pay the difterence, to OWNER Such claims, costs, losses and damages mcurrcd 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 tights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the W ork performed 153 Where CONTRACTOR's services have been so terminated by OWNER the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue .any retention or payment of moneys due CONTRACTOR by OWNER will not release CON 1 RAC FOR from liability 154 Upon seven days' written notice to CONTRACTOR and LNCINEL.R, OWNER may without cause and without prejudice to any other right or icinedy of OWNER, elect to termmau, the Agreement In such case CONTRACTOR shall be paid (without Implication of any Items) 15 4 1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the eftective lone of tarn matron including fair and reasonable sums for overhead and profit on such Work, 15 4 _ for expenses sustained pi ror to the effective date of termination in perforn ing services and furmshung labor materials or equipment as required by the Contract Documents in connectmn with uncompleted Work plus fair and reasonable sums for ov a head and profit on such expenses 15 4 4 for all Clamus, costs, losses and damages incurred In sotilenient of Wlalinated contracts with Subeonti actors, Suppliers and others and 1544 for ieasonable expenses directly attributable to termination CON RAC I OR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting trom such termination CONIR.1C-IORIM1,Stop 14oi1, or Terminate 115 ft through no act or Imult of CON 1 RACTOR the Work rl suspended lot a period of more than ninety days by OWNER or under an order of court or other public author[} or ENCHNI PR tails to act on any Application for PaSiment wrthm thirty .lays alter it is submitted or OWTIRR tads for thIrt� days to Faso CONTRACTOR any Mit E L'J i V on f4''1 I N sum finally determined to be due them CONTRACTOR may, upon seven days' written notice to OWNER and LNGTNFER anti provided OWNER or FNGINEER do not remedy such suspension or failure within that time temnnat, 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 FENGINTEER has Faded to act on an Application for Payment widmn thirty days after it is submitted or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Worl, until payment of all such amounts due CONTRACI OR, including Interest thereon The provisions of this paragraph 155 are not intended to preclude CONTRACTOR from making claim under Articles 11 find 12 for an increase in Contract Price or Contract Times or otherwise for cxp nses or damage directly attributable to CON PRACTOR's stopping Work as pemnitad by this paragraph AR I1CLE 16--DISPUTE RESOLUI ION It and to the extent that OWNER and COATI RACTOR have agreed on the method and procedure for resohmg disputes between them that may anse under this Agreement, such dispute resolution method and procedure if any shall be as set forth in kehibit GC -A, "Dispute Resolution Agreement", to he attached hereto and made a pan 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 912, OWNER and CONTRACTOR may esermse such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute AR I ICLE 17—MISCELLANLOUS Giving Notice 171 Whenever any prootsion of the Contract Documents requites the giving of written notice it will be doomed to hat c been validly gn en it delivcied in person to tire individual or to a inember of the inn, or to an officer of The corporation for wham it is Intended, or If dehvcred at or sent by registered or certified mad, postage prepaid to the last busness adds eu known to the Over of the nonce 172 Computation of I rare 17 2 1 When any period of fire is retaired to In tho Contract Da:umenh by days, 11 will be Computed to ,aclude the first and include Ili., last clay of such period it the last day of any such period falls on a Saturday or Sunday of on a day made 9 legil hohdav by the I m of the applicable lunsdn.tion such day will he omitted honi the computation I It DCOENrRAI c0ND1 ❑OM 1910 S (19901 dinon) W Cla Y 0I I OR 1 (_(Al INS MOL➢1 IC1 rIONS (ItLV 4/2000) 17 2 2 A calendar day of twenty-four hours measured from midnight to the nett midnight will constitute a day Vance ofClaan 173 Should OWNER or CON1 RACI OR suffer injury or damage to person or property bctause 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 older will be made in witting to the other party within a reasonable fire of the first observance of such injury or damage I he provisions of this paragraph 17 3 shall not be construed as a substitute for or a waiver of the provisions of env applicable statute of limitations or repose Cumulative Remedies 174 The duties and obligations imposed by these General Conditions and the rights and remedies available hertunder to the parties hereto and in particular but without limitation, the warranties guarantees and obligations mmpowd upon CONTRACTOR by paragl aphs 6 12, 6 16 6 30, 6 31 6 32 13 1 13 12 13 14 14 3 and 15 2 and all of the rights and remedies available to OWNER and ENGINEER thercundur, are in addition to, and are not to he construed in any way as a Iinutation of any rights and reinedres available to any or all of them which me otherwise unposed or avadabld 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 Profeisronal Fees and C ourt Costs Included 175 Whene cr reterence is made to 'claims costs losses and damages', it shall include in each case, but not be binned to all tees and charges of engineers architects attorneys and other professionals and all court or arbitration or other dispute resolution costs 176 1 he paws of the State of Colorado auplY to this Agleem grit Reference to two pertinent Colorado statutes are as follows 1762 It a claim iq fled OWM'R is required by law CRS 3 8 - 2 ti-U 17 11, wiJob old hrnn all oaygleras to CONTR\CTOR sufficient funds to insure the Iveynlent of all claims for laboi materials team hire, suslcninc� lrovisions proe,nder or olhdr supplies used or consumed b CONTRACTOR or his 33 p H LJ d 0 F P! H E H u U I H p 5JCU�GI NI R,V CONOI IIONS 19101119901 di0nip �� w/CIf 01101tTCOIIINSAIOOIIIUTIONS(it V42OOu1 I+ u M w 4 q ISO* ll 0 (this p ige left blank intentionally) m nt H H a V L1CD( 6FhLAAI CONDI I1OM 1910 b (19901 611"') 35 ul U 1 Y 0I 10111 COLLI M MODILI CA IICNS (kk V J20001 I U L�J 1.11 H I' 1 H j J C lam! 0 0 1 1 IJ I JCD( LI NI It At WWI IONN 1910 Y (199111 dman) 36 �%/C I IYOI I OR I COI I INSNODIIIC I IONS(kLVJ000O) f1 �1 fl C 0 -d 1 H H H ti h H H H1 w H EXHIBIT GC -A to General Conditions of the Construction Contract Bet«een OWNER and CONTRACTOR DISTDTE RFSOLDTION AGREF—MFrNT OWNER and CONIRACIOR hereby agrw that ArtiOe 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the Iranies 161 All (latms, disputes and other maltLrs In question between OWNER and CONI RACTOR arising out of or rLlatmg to the Contract Documents or the breach thereof texcepl for claims which hale been waived by the making or ILLCplancc of final payment as prodded by paragraph 1415) will be dnmcled by arbitration in accordance with the Construction Industn 4buration Rules of thL Amcnam Arbitration ASSOLIation then obtaining, subject to the limitations of the Artn1c 16 This agreement so to arbitriuL and any other agreement or torment to arbitrate Livered into in accordance hcicw ah as provided in this Artrch Iti will be speufieally Lritrrecable under the prat aduhg law of any court ham mg junsdnAon 162 No demand Ior arbitration of any claim, dispute or other matter that is r,quir,dl to be r1t1o`Ld to ENGINEER initially for decision m accordant, with paragraph 9 11 will be made umd the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day alter the parties have present,d their Lvidence to ENGINLLI2 it a written decision has not been rendered by I:N(A rFLR before that date No demand for arbitration of any such claim dispute or other matter will be made later than duty days after the date on which hNG1NI17R Ins rendered a written decision in aspect thereof m aLuudan,e with pmrigiaph 9 11, and the lad au to demand arbitration within said thirty clays' p,riod will result in ENGINFER's decision being final and binding upon OWNER and CON RACI OR It ENLINELR r,nders a dldcision afiLr arbitration prOLLedlmgs hive been uuhated, suLh decision may be entered as evident, but will not 9ulersul, the arbitration proceedings, except wh,i, the decision is acceptable to th, parties concerned No demand for arbitration of any written decision of LN161NLLR rendered in accordance with paragraph 9 10 will be made later than ten dins after the party making inch demand has dehv,red Wrltton notice of inaenhon to appeal as provided in paragraph 9 10 163 Notice of thL demand for arbitration will be filed in writing with the other party to the lgreLmLnt and with the 4nhm icin 4rhitiation Assouation and a copy will he sent to FNOINEER for information The d,niand for arbitration will be made within the dunv-dal or ten-day ptnod speodleLI in paragraph Iti 2 is appliLab45 and in all Other c ises within a aasonablL time dtu ttedina depute or other nutter inquestion has ausen, and In no et ent shnl any su,h ekmand Ix madL alt,r the clot, when Institution of legal or equrlabl, proceedings based on snLh (hail dispute or other matter in question would be barred by the applaab1L stdlule Of lunuahons 1 1( Dd ,II Nr Ir VI COND1 I l C'M 1910 l t t 99a 1 dtion) WW l Of 1OltI COLLINSNIODIMAtION1nthv9199, 164 Except as prof ided 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 am other person or entity (mehudmg FNGINFFR, FNGINEER'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 n,ccssary If complLtL relief is to be afforded among Ihosc who are already parties to the arbitration, and 1642 such other person or entity is substantially involved in a question of law or tact which is Common to those who an alrady panics to the arbitration and which will arise in such proceedings, and 1643 the writt,n 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 speLlfid, reference to this paragraph, but no such consent shall constitute consent to arbitration oLmy dispute not specifically described in such consent or to arbitration with any party not specifically identifiul in such consent 165 Notwithstandutg parrgraph lo4 it a chum, chsput, or other matter in question between OWNER and CONTRACTOR nnoh Ls the Work of a Subcontractor, either OWNER or CONIRACIOR may join such Subcontractor as a party to the mbrtratron between OWNER and CONIRACTOR hereunder CONIRACFOR shall include in all sulb ontraLts required by paragraph 6 11 a speeds, provision whereby the Subcontractor consents to being joined in an arbitration between OWN IR and CONIRACIOR involving the Work of such Subcontractor Nothing in this paragraph 165 nor in the provision of such subcontract consenting to joinder shall create any champ right or cause of action in favor of Subcontractor and against OWNER ENGINEER or ENGINEER', Consultant, that does not otherwise exist 166 I he award rendered by the arbitrators will be final, judgment may be entered all it in any court having jurisdiction thereof, and it will not be subject to nioddreation or appeal 167 ObANFR and CONI RACI OR agree tint they shall first submit .iny and all unsettled claims Lounterclarms dispulLs and other matters in question between them arising out of or relating to the Contract Documents or the biedch thereof ("deputes') to InLchahon by the Nnencao AlbmatIM 46socranon under the Construction Industry Mediation Rules of the American Arbitration 4SSntaation prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 161 through 166 unl,ss delay in rmnating arbitration Would urLvwably piejudha, one of the parties the respeLlne thirty and ten day tinhL limns within which to file .I demand for arbitration as provided In paragraphs 16 2 and 163 abome shall be suslx.nded with resfc t to a dispute submitted to medrahon within tun, same apphcabl, Ilan limits and shall remain suspenclLd until ten ,Les after the temunation of the mWi9tion Th, mediator of any dispute submitted to mediation under this Agreenment shall not wn e as arbitrator of such dispute unless otherwise agreed OC AI L C:J Ij I: J H u LJ d p n 1 H I;4 l' FJCDC GFNI RAI (.Op DH IONS 1910 S I I9901 611.0 a/ CI I Y OF F Olt I wLLINS V ODII IC 1l IONS ,Rh % 9 9 b ;L GC Al SE 0 F�cl SECTION 00800 SUPPLEMENTARY CONDITIONS 11 H '« J k 0 Fl 1 H u F d 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-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 s - $100,000/$100,000/$500,000 S 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) 1 SC-12 3 Add the following language to the end of paragraph 12 3 Contractor will include in the project schedule -0- days lost due to abnormal weather conditions. L.' J L !f' 1 7/96 Section 00800 Page 1 K LJ 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 D Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) 2 0 COPIES OF BIDDING DOCUMENTS 2 1 Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2 2 Complete sets of Bidding Documents shall be used in preparing Bids, neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents 2 3 The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. D 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 1 12/03 Section 00100 Page 1 N r n n tl 0 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application for Payment P Li J I A n H n SECTION 00950 CHANGE ORDER NO PROJECT TITLE CONTRACTOR PROJECT NUMBER - 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 0.00 TOTAL PENDING CHANGE ORDER 0 00 TOTAL THIS CHANGE ORDER 0 00 TOTAL % OF THIS CHANGE ORDER TOTAL C O % OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY DATE Contractor's Representative ACCEPTED BY Project Manager REVIEWED BY Title APPROVED BY Title APPROVED BY Purchasing Agent over $30,000 cc City Clerk Contractor Project File Architect Engineer Purchasing 9/99 DATE DATE DATE DATE Section 00950 Page 1 ® ® Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER City of Fort Collins PROJECT APPLICATION NUMBER APPLICATION DATE PERIOD BEGINNING ENGINEER CONTRACTOR PERIOD ENDING PROJECT NUMBER CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows 1 2 Original Contract Amount 3 Net Change by Change Order Net Change by Change Order $0 00 Current contract Amount $0 00 Total Completed and Stored to Date Less Previous Applications Amount Due this Application - Before Retainage $0 00 Less Retainage AMOUNT DUE THIS APPLICATION $0 00 CERTIFICATION The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14 3 of the General Conditions of the Contract The above Amount Due This Application is requested by the CONTRACTOR Date By Payment of the above Amount Due This Application is recommended by the ENGINEER Date By Payment of the above Amount Due This Application has been reviewed by the OWNER'S Protect Manager Date By Payment of the above Amount Due This Application is approved by the OWNER 9/997/96 Section 00960 Page 1 ^t. `�`..-'a%ne � r. .. .X ^^, ` 6d,_ 'Y" '�F-a94i '{• s _:-w. _•a� K #.,"... rr,� ,....y.,, l` 1 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty Amount Qty Amount Qty Amount Period To Date Billed $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTALS $0 00 $0 00 $0 00 $0 00 $0 00 7/96 1Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty Amount Cty Amount Cty Amount Period Date Billed $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTALS CHANGE ORDERS $0 00 $0 00 $0 00 $0 00 $0 00 PROJECT TOTALS $0 00 $0 00 $0 00 $0 00 $0 00 7/96 Section 00960 Page 3 "i_� �.•i _. .. a_ve q,_,a �.k �..;�_[ .a.G. ,,:.� 1.3,• `a' Ro-l., _ .iYr- rs'bk ',ay✓; STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 4 OF 4 On Hand This Application $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTALS $0 00 $0 00 $0 00 $0 00 7/96 Section 00960 Page 4 SECTION 0020 SUMMARY OF WORK PART1 GENERAL 1 01 SECTION INCLUDES A Site location B Protect description C Scope of work D Work Sequence 1 02 SITE LOCATION A City of Fort Collins Pollution Control Lab at the Drake Water Reclamation Facility at 3036 Environmental Dr, Fort Collins, Colorado B City of Fort Collins Water Treatment Facility at 4316 W LaPorte Ave, Fort Collins, Colorado 1 03 PROJECT DESCRIPTION A Contractor shall furnish and install a GAF 060 mil White TPO Energy Star fully adhered membrane roofing system with complete details in accordance with manufacturer's recommendations B Contractor shall be responsible for removing the entire existing roofing system from the rooftop and properly disposing of material 1 1 04 SCOPE OF WORK I [ =J N H A The following areas are included in this protect The CONTRACTOR is required to verify the square footage, roof protrusions, scrubbers, drains, and any other information required for their bid prior to submitting a bid 1 Pollution Control Lab Roof Approximate area 7930 s f Existing Roof 1 1/2 inch metal deck, tampered rigid insulation, BUR, gravel ballast a) Completely remove and dispose of existing roofing system down to metal deck b) Install rigid ISO tapered insulation and crickets c) Install Dens -Deck cover board d) Install 60 mil GAF TPO roofing system per Manufacturer's Specifications e) Install approximately 200 If of fully adhered TPO walking pad 2 Water Treatment Facility Filter Gallery Roof Approximate Area 10,070 s f Existing Roof Concrete deck, rigid insulation, BUR, ballast (7,370 sf gravel, 2,700 sf 2007 Utility Rool Rcptaccmcnt 0020-5 Summary of Work September 2007 E I 1 H 14J cinder block) a) Completely remove and dispose of existing roofing system down to metal deck b) Install rigid ISO tapered insulation and crickets c) Install Dens -Deck cover board d) Install 60 mil GAF TPO roofing system per Manufacturer's Specifications e) Install approximately 350 If of fully adhered TPO walking pad 3 Contractor responsible for the cost of obtaining and paying for local building permit 1 05 WORK SEQUENCE A A Work Sequence will be submitted to the OWNER prior to commencement of work Work shall be sequenced to minimize traffic over newly resurfaced portions of the roof Construction of the project shall begin within seven (7) calendar days of the date of Notice -to -Proceed B The CONTRACTOR is required to coordinate work with plant staff In particular, Pollution Control Lab operations will required flexible work schedules around lab activities 1 CI l�l et� H a. 6 C Complete the whole roofing section or any portion of the roof in a single day to avoid exposure to rain, dew, or moisture of any kind If rain or snow threatens during the day or in an emergency, protect toe unfinished exposed roofing components and provide temporary water cut-offs around exposed edges and incomplete flashing areas PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION 2007 Utility Root Replacement 0020-6 September 2007 Summary of Work Section 7540 Membrane Roofing PART 1 GENERAL 1 01 PERFORMANCE REQUIREMENTS A Provide an installed roofing membrane and base flashing system that does not permit the passage of water, and will withstand the design pressures calculated in accordance with the most current revision of ASCE 7 t B GAFMC shall provide all primary roofing materials that are physically and chemically compatible when installed in accordance with manufacturers current application requirements 1 102 SUBMITTALS A Product Data Provide product data sheets for each type of product indicated in this section B Shop Drawings Provide manufacturers standard details and approved shop drawings for the roof system specified C Samples Provide samples of insulations, fasteners, membrane materials and accessories for verification of quality D Certificates installer shall provide written documentation from the manufacturer of their authorization to install the roof system, and eligibility to obtain the warranty specified in this section 1 03 QUALITY ASSURANCE A Manufacturer's Qualifications GAFMC shall provide a roofing system that meets or exceeds all criteria listed in this section B Installers Qualifications 1 Installer shall be classified as a Mastci contractor is defined and certified by GAFMC e C Source Limitations All components listed in this section shall be provided by a single manufacturer or approved by the primary roofing manufactmer D Inspection 1 The Owner rescives the right to retain, at the Owner's expense, in independent inspection service to provide full-time inspection of the ioofing system installation The Owner's mspector shall have free access to the work area 2 Manufacturers iepresentative shall piovide i compiehensive final inspection alter completion of the roof system All application eriors must be addressed and final punch list Lompleted 07545-1 Rev 09104 e Section 7540 Membrane Roofing 1 04 PRE -INSTALLATION CONFERENCE A Prior to scheduled commencement of the roofing installation and associated work, conduct a e meeting at the project site with the installer, architect, owner, GAFMC representative and any other persons directly involved with the performance of the work The installer shall record conference discussions to include decisions and agreements reached (or disagreements), and furnish copies of recorded discussions to each attending party The main purpose of this meeting is to review foreseeable methods and procedures related to roofing work 1 05 DELIVERY, STORAGE AND HANDLING A Store all pad goods in their original undamaged containers in a clean, dry location within their specified temperature range B Do not expose materials to moisture in any form before, during, or after delivery to the site Reject delivery of materials that show evidence of contact with moisture C Remove manufacturer supplied plastic covers from materials provided with such Use "breathable" type covers such as canvas tarpaulins to allow venting and protection from weather and moisture Cover and protect materials at the end of each work day Do not remove any protective tarpaulins until immediately before the material will be installed D Materials shall be stored above 55°F (12 6°C) a minimum of 24 hours prior to application 1 06 PROJECT CONDITIONS A Weather 1 Proceed with roofing only when existing and forecasted weather conditions permit 2 Ambient temperatures must be above 45°F (7 2°C) when applying hot asphalt or water based adhesives 1 107 WARRANTY A Provide Manulactwers standard Diamond PledgeTm Guarantee with single source coverage and no monetary limitation where the manufactures agrees to repair or replace components in the roofing system, which cause a leak due to a failure in matei ials or workmanship e1 Duration Twenty (20) years from the date of completion B EverGuard TPO Puncture Resistance Limited Warranty GAFMC warrants to the original budding owner that the EvciGuard TPO roof membrane will provide puncture and tear resistant e when installed and maintained in aceoidance with GAFMC's requirements PART PRODUCTS 2 01 ACCEPTABLE MANUFACTURER 07545-2 Rev 09104 f, J E H tad tj l 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, 3udgment, 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 sub3ect 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 Dust claims are pending against such Work No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work 3 4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City 4 0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4 1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents 4 2 Reference is made to the Supplementary Conditions for identification of Subsurface and Physical Conditions SC-4 2 4 3 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that 12/03 Section 00100 Page 2 1J 4 1 Lit f 9 R �I �r 1b 4 s; e 41 M Section 7540 Membrane Roofing A GAF Materials Corporation - 1361 Alps Road, Wayne, NJ 07470 2 02 INSULATION A Rigid polyisocyanurate board, with a strong fibrous glass facer conforming to or exceeding the requirements of ASTM C 1289 / FS HH-1-1972, EnergyGuardTM Polyiso, by BMCA@ with the following characteristics 1 Board Thickness 2 Thermal Resistance (LTTR value) of 2 03 INSULATION ACCESSORIES A Tapered Edge Strip Factory fabricated rigid perlrte strip cut at angles to provide a smooth transition between differences in elevation EnergyGuardT Tapered Edge Strip, by BMCA® 2 04 ROOF BOARD A Underlayment or overlayment board with a water-resistant and silicone treated gypsum core with glass fiber facers embedded on both sides, and pre -primed on one side GP Dens -Deck Prime Roof Board, distributed by BMCA 1 Board Thickness 1/4" 2 Thermal Resistance (R value) of 28 2 05 MEMBRANE MATERIALS A A smooth type, polyester scam reinforced thermoplastic polyolefin membrane with a nominal 0 060 inch (60 mil) thickness, for use as a single ply roofing membrane Meets or exceeds the minimum requirements of ASTM D-6878 Each full roll contains approximately 1000 sq ft of roofing material, 10' X 100', weighing 322 Ibs EverGuard a TPO 60 and thermoplastic single -ply roofing membrane by GAFMC 1 Color White 2 06 FLASHING MATERIALS A An 8 inch (20 cm) wide smooth type, polyester scrim reinforced thermoplastic polyolefin membrane strip for use as a cover strip over coated metal and stripping -in coated metal flanges and general repairs 0 045 mches (45 mils) nominal thickness, EverGuard® TPO 45 mil Remtorced Flashing Strips, by GAFMC B A 6 inch (14 cm) wide, smooth type, polyester scrim reinforced thermoplastic polyolefin membrane strip with a factory laminated butyl tape Designed for use as a cover strip over non -coated metal edges and flanges Each full roll contains approximately 100 Lineal Ft of material, 6" X 100', weighing 25 lbs EverGuard@ TPO Cover Tape, by GAFMC 07545-3 I Rev 09104 t Section 7540 Membrane Roofing C 25 gauge steel with 0 020" thick TPO based film Factory supplied in sheets and required for fabrication into metal gravel stop and drip edge profiles, metal base and curb flashings, sealant pans, and scupper sleeves Sheet size 4' x 10', sheet weight 47 Ibs , EverGuard© TPO Coated Metal, by GAFMC 207 BITUMEN A Asphalt bitumen ASTM D 312 Type III & IV 208 ADHESIVES, SEALANTS and PRIMERS A Solvent -based Bonding Adhesive Solvent based rubberized adhesive for use with EverGuard TPO membranes, EverGuard TPO Bonding Adhesive, by GAFMC B Water -based Bonding Adhesive Water based rubberized adhesive for use with EverGuard TPO membranes, EverGuard H20 Bonding Adhesive, by GAFMC C Solvent based liquid, required to protect field cut edges of EverGuard TPO membranes Applied directly from a squeeze bottle, EverGuard TPO Cut Edge Sealant, by GAFMC D Solvent based primer for preparing surfaces to receive butyl based adhesive tapes, EverGuard Primer, by GAFMC E One part polyurethane sealant suitable for sealing the upper lip of exposed termination bars and penetrations, and around clamping rings Meets or exceeds ASTM C-920-87, Type S, Grade NS, Class 25, EverGuard® Caulking, by GAFMC F One part butyl based high viscosity sealant suitable for sealing between flashing membrane and substrate surface behind exposed termination bars and for sealing between roofing membrane and drain flange EverGuard® Water Block, by GAFMC G 100% solids epoxy based two-part sealant suitable for filling sealant pans at irregularly - shaped penetrations Epoxy is part A Polyamide is part B EverGuard® 2-Part Pourable Sealant, by GAFMC 2 09 ACCESSORIES A Mechanical fasteners for securing of insulation, roofing and flashing materials as specified Required fastener type determined by type of substrate and requisite attachment Drill•TecTm fasteners, by BMCA B Extruded aluminum termination bar with angled hp caulk receiver and lower leg bulb stiffener Pre -punched slotted holes at 6" on center or 8" on center '/a" x 10' with 0 090" cross section, EverGuard® Lip Termination Bar, by GAFMC C 0 075" thick molded TPO membrane sized to accommodate most common pipe and conduits, (1" to 6" diameter pipes), including square tube Hot-air welded directly to EverGuard TPO 07545-4 Rev 09104 A Section 7540 Membrane Roofing membrane, supplied with stainless steel clamping rings, EverGuard® TPO Preformed Vent Boots by GAFMC D 0 075" thick molded TPO membrane with butyl adhesive on the mating surface Sized to accommodate most common pipe and conduits, (1" to 6" outside diameter pipes), including square tube Self adheres directly to EverGuard TPO membrane, supplied with stainless steel clamping rings, EverGuard® TPO SA Preformed Vent Boots by GAFMC E 0 065" thick molded TPO membrane designed to accommodate both inside and outside corners of base and curb flashing Hot-air welds directly to EverGuard TPO membrane Size 4" x 4" with 4" flange, EverGuard® TPO Preformed Corners by GAFMC F 0 065" thick molded TPO membrane with butyl adhesive on the mating surfaces Designed to accommodate both inside and outside corners of base and curb flashing Adheres directly to EverGuard TPO membrane Size 4" x 4" with 4" flange, EverGuard® TPO SA Preformed Corners by GAFMC G A 4 inch (10 1 cm) diameter, smooth type, polyester scrim reinforced thermoplastic polyolefin membrane with a factory laminated butyl underside Designed for use as a cover where two seams meet EverGuard® T-Joint Cover Patch, by GAFMC patch H Factory fabricated assemblies used to accommodate three-dimensional joints in a roof structure Two standard sizes to accommodate most commonjoint widths Standard 50 foot continuous length minimizes joints, universal style suitable for both field and wall expansion joint in both flat -mounted and curb -mounted styles Made of 0 045" thick reinforced membrane with foam supported bellows Equipped with metal nailing flanges, Metalastic Prefabricated Expansion Joint Covers by GAFMC 1 1/8" thick extruded and embossed TPO pads 30" x 36", heat welds directly to roofing membrane Unique herringbone traction surface, safety yellow or gray in color, EverGuard® TPO Walkway Pads, by GAFMC J 1/8" thick extruded and embossed TPO roll 30" x 50', heat welds directly to roofing membrane Unique herringbone traction surface, safety yellow or gray in color, EverGuard® TPO Walkway Rolls, GAFMC PART 3 EXECUTION 3 01 EXAMINATION A Verify that the surfaces and site conditions are ready to receive work B Verify that the deck is supported and secured C Verify that the deck is clean and smooth, free of depressions, waves, or piolections, and properly sloped to drams, valleys, eaves, scuppers or gutters 07545-5 Rev 09104 e 302 e e e Section 7540 Membrane Roofing D Verify that the deck surfaces are dry and free of ice or snow E Verify that all roof openings or penetrations through the roof are solidly set, and that all flashings are tapered SUBSTRATE PREPARATION A Steel Deck 1 Metal decks must be a minimum uncoated thickness of 24 gauge (0 8 mm) and shall have a G-90 galvanized finish on all panels FM requirements may supersede those set forth in this section Consult the current FM Guide for more information 2 Decks must comply with the gauge and span requirements in the current Factory Mutual FM Approval Guide and be installed in accordance with Loss Prevention Data Sheet 1-28 or specific FM approval 3 When re -roofing over steel decks, surface corrosion shall be iemoved, and repairs to severely corroded areas made Loose or inadequately secured decking shall be fastened, and Irreparable or otherwise defective decking shall be replaced B Structural Concrete Deck 1 Minimum deck thickness for structural concrete is 4" (10 2 cm) 2 Only poured in place concrete decks that provide bottom side drying are acceptable Decks that are installed over non -vented metal decks or pans that remain in place may trap moisture in the deck beneath the roof system and are not acceptable 3 The roof deck shall be properly cured prior to application of the roofing system, twenty- eight (28) days is normally required for proper curing Curing agents must be checked for compatibility with roofing materials Prior to the installation of the roof assemblies, GAFMC recommends the evaluation of the surface moisture and deck's dryness through the use of ASTM D-4263 or hot bitumen test 4 The deck must be smooth, level and cannot be wet or frozen If deck is determined to be wet, it must be allowed to dry 5 Treat cracks greater than 1/8" (3 min) in width in accordance with the deck manufacturer's recommendations 6 Sumps for the roof drains shall be provided in the casting of the deck 7 When Insulation or roofing is to be adhered with hot asphalt, prime the deck with asphalt/concrete primer, ASTM D 41 at the rate of one gallon per 100 square feet (0 4 L/m2) Allow the primer to dry prior to the application of the roofing system 8 In all ietiofit roof applications, it is required that deck be inspected for defects Any defect, are to be corrected per the deck manufacturer's recommendations prioi to the new roof application INSTALLATION - GENERAL A Install GAFMC's EverGuard ii TPO roofing system according to all current application requirements in addition to those listed in this section B GAFMC EverGLiardiD TPO Specification # T-FA-T-1-60 07545-6 Rev 09104 Section 7540 Membrane Roofing C Start the application of membrane plies at the low point of the roof or at the drams, so that the flow of water is over or parallel to, but never against the laps 1 3 04 BITUMEN HANDLING A Do not nix different types of asphalt B Use only ASTM D 312, Type lit or Type IV Steep Asphalt Type III asphalt may be used on slopes up to'h" per foot (4cm/m). Type IV asphalt must be used on all slopes greater than''/2" per toot (4 em/m). C Application with hot asphalt requires continuous, uniform mterply mopping rates of 25 lbs +/- 20% per 100 square feet of roof area (1 2 kg/m') D Application temperature of the asphalt must be at the Equiviscous Temperature (EVT) with a tolerance of+/- 25°F (13 9°C), at which a viscosity of 125 centipoise is attained When using mechanical asphalt applicators, the target viscosity should be 75 centipotse E For all SETS modified asphalt flashmgs, the minimum application temperature of the asphalt must be at the EVT or 4257 (218°C), whichever is greater, with a rolling bank (puddle) of mopping asphalt across the full width of the roll F Do not heat the asphalt to or above its flash point or hold the asphalt at temperatures above the finished blowing temperature for more than 4 hours G Do not keep heated tankers above 325°F (163°C) overnight 305 INSULATION - GENERAL A Do not apply roof insulation or rooting until all other work trades have completed lobs that require them to traverse the deck on foot or with equipment A vapor retarder coated lightly with asphalt may be applied to protect the inside of the structure prior to the insulation and final roofing installation Before the application of the insulation, any damage or deterioration to the vapor retarder must be repaired B Do not install wet, damaged or warped Insulation boards C Install Insulation boards with staggered boardlomts in one direction (unless tapmglomt) D Install insulation boards snug Gaps between boardlomts must not exceed''/4"(6 min) All 1 gaps in excess of/4'" (6 min) must be filled with like insulation material E Wood naders must be 3-1/2" (8 9 ( in) minimum width or 1" (25 min) wider than metal flange They shall be of equal thickness as the insulation, and be treated foi rot resistance All nailer,. must be securely fastened to the deck ll 07545-7 iI Rev 09104 IN Section 7540 Membrane Roofing F Do not kick insulation boards into place G Miter and fill the edges of the insulation boards at ridges, valleys and other changes in plane to prevent open joints or irregular surfaces Avoid breaking or crushing of the insulation at the corners H Insulation should not be installed over new lightweight insulating concrete I Roof tape, if required over insulation joints, must be lard evenly, smoothly and embedded in a uniform coating of hot steep asphalt with 4" (10 2 cm) end laps Care must be taken to assure smooth application of tape, and full embedment of the tape in the asphalt J Do not install any more insulation than will be completely waterproofed each day 306 INSULATION — BASE LAYER A The insulation must be securely attached to the roof deck A minimum FMRC 1-60 attachment is recommended Refer to FMRC Approval Guide for FM fastening patterns Factory Mutual requires fastener density increased in corner areas for FM 1-60 as well as perimeter and corner area fastener density increases for FM 1-90 or greater Refer to FM Loss Prevention Data Sheets 1-7, 1-28, and 1-49 B Use only fasteners with a minimum 3 inch (7 6 cm) stress plate when mechanically attaching insulation Do not attach insulation with nails C Install insulation layers, maximum 4' x 4' (1 22m x 1 22m) board size, in a full and uniform mopping of hot asphalt applied at the rate of 25 lbs /square (1 2 kg/m2) f20% Press each board firmly into place Stagger the joints of additional layers in relation to the insulation Joints in the layer(s) below by a minimum of 6" (15 2 cm) to eliminate continuous vertical gaps D The substrate must be free of debris, dust, dirt, oil, grease, and standing water before applying the adhesive E Install insulation layers applied with '/," beads of MatrrxT`^ 157 spaced 6" o c Press each board firmly into place Stagger the joints of additional layers in relation to the insulation joints in the layer(s) below by a minimum of 6" (15 2 cm) to eliminate continuous vertical gaps F The substrate most be free of debris, dust, chit, oil, grease, and standing water before applying the adhesive G Install insulation layer~ applied with beads of Oly Bond 500 spaced 12" o c Approximate coverage rate is one (1) gallon per 100 square feet, depending on the substrate Allow the Foam to rise %" to Press each board firmly into place Stagger the lourts of additional layers in relation to the insulation joints in the layer(s) below by a minimum of6" (15 2 cm) to eliminate continuous vertical gaps 07545-8 Rev 09104 Lit Section 7540 Membrane Roofing H The substrate must be free of debris, dust, dirt, oil, grease, and standing water before applying the adhesive I Install insulation layers applied with 3/4".beads of Insta-Stik spaced 12" o c Press each board firmly into place Stagger the joints of additional layers in relation to the insulation joints In the layer(s) below by a minimum of 6" (15 2 cm) to eliminate continuous vertical gaps J Loose apply the base layer of insulation for subsequent layers to be simultaneously attached or for ballast applications Minimal fastening should be performed to avoid movement of the boards K Fill all flutes with a loose applied base layer of insulation Insulation must be of equal height as metal i ibs, seams or flutes to allow for subsequent layers to be applied without interference Minimal fastening should be performed to avoid movement of the boards L If subsequent layers of insulation are to be attached with insulation adhesive, the base layer must be mechanwally attached with a minimum fastener density of I fastener every 2 square feet 307 INSULATION— SUBSEQUENT LAYERS A The insulation must be securely attached to the roof deck A minimum FMRC 1-60 attachment is recommended Refer to FMRC Approval Guide foi FM fastening patterns Factory Mutual requires fastener density increases in corner areas for FM 1-60 as well as perimeter, and corner area fastener density increases for FM 1-90 or greater Refer to FM Loss Prevention Data Sheets 1-7, 1-28, and 1-49 B Multiple layers of insulation of the same, non -tapered insulation material may be simultaneously mechanically fastened with approved fasteners and plates through the top layer of insulation to the structural deck Individual layers of Insulation must not exceed 3" (7 6 mm) In thickness nor total thickness of all layers should not exceed 5" (12 7 cm) without written approval of GAFMC Contractor Services FM Type attachments may differ C Use only fasteners with a muumum 3 inch (7 6 cm) stress plate when mechanically attaching Do Insulation not attach insulation with nails D Install insulation laycis, maximum 4' x 4' (1 221n x 1 221n) board size, in a full and uniform mopping of hot asphalt applied at the rate of 25 Ibs /square (1 2 k&Q) ±200/0 Press each board firmly into place Stagger the joints ofaddrtional layers in relation to the insulation joints in the layer(s) below by a minimum of 6" (15 2 cm) to eliminate continuous vertical gaps E The substi ate must be tree of debris, dust, dirt, oil, grease, and standing water before applying the adhesive 07545-9 Rev 09104 It Section 7540 Membrane Roofing F install insulation layers applied with V4" beads of MainxTM 157 spaced 6" o c Press each board firmly into place Stagger the joints of additional layers in relation to the insulation joints in the layer(s) below by a minimum of 6" (15 2 cm) to eliminate continuous vertical gaps G The substrate must be free of debris, dust, dirt, oil, grease, and standing water before applying the adhesive H Install insulation layers applied with beads of Oly Bond 500 spaced 12" o c Approximate coverage rate is one (1) gallon per 100 square feet, depending on the substrate Allow the foam to rise %" to'/4" Press each board firmly into place Stagger the joints of additional layers in relation to the insulation joints in the layer(s) below by a minimum of 6" (15 2 cm) to eliminate continuous vertical gaps I The substrate must be free of debris, dust, dirt, oil, grease, and standing water before applying the adhesive J Install insulation layers applied with 3/4" beads of Insta-Stik spaced 12" o c Press each board firmly into place Stagger the joints of additional layers in relation to the insulation joints in the layers) below by a minimum of 6" (15 2 cm) to eliminate continuous vertical gaps K Do not install any more insulation than will be completely waterproofed each day 308 MEMBRANE APPLICATION A Fully Adhered 1 Place membrane so that wrinkles and buckles are not formed Any wrinkles or buckles must be removed from the sheet prior to permanent attachment Roof membrane shall be fully adhered immediately after it is rolled out, followed by welding to adjacent sheets 2 Overlap roof membrane a minimum of 3" (15 cm) for side laps and 3" (15 cm) for end 1 laps 3 Install membrane so that the side laps run across the roof slope lapped towards drainage points 4 All exposed sheet corners shall be rounded a minimum of I" 5 Use full width rolls in the field and perimeter region of roof 6 Use appropriate bonding adhesive for substrate surface, applied with a solvent -resistant roller, brush or squeegee 7 Fully adhere membrane sheets with bonding adhesive at a rate resulting in 60 square fect/gallon of finished roofing material for solvent -based bonding adhesives, and at a rate of 125 square feet/gallon of finished icoriing material for water -borne bonding adhesive e 8 Apply bonding adhesive to both the underside of the membrane and the substrate surface at 120 square feet per gallon (Solvent Based) and 250 square feet per gallon (Water Batted) A greatei quantity of bonding adhesive may be required based upon the uibstrate surface condition 07545-10 Rev 09104 e E Section 7540 Membrane Roofing 9 Apply bonding adhesive to the substrate surface at 60 square feet per gallon (Solvent Based) and 125 square feet per gallon (Water Based) A greater quantity of bonding adhesive may be required based upon the substrate surface condition 10 Prevent seam contamination by keeping the adhesive application a few inches back from the seam area 11 Adhere approximately one half of the membrane sheet at a time One half of the sheet's length shall be folded back in turn to allow for adhesive application Lay membrane into adhesive once the bonding adhesive is tacky to the touch 12 Roll membrane with a weighted roller to ensure complete bonding between adhesive and membrane 13 Membrane laps shall be heat -welded together All welds shall be continuous, without voids or partial welds Welds shall be free of burns and scorch marks 14 Weld shall be a minimum of 1-1/2" in width for automatic machine welding and a minimum 2" in width for hand welding 15 All cut edges of reinforced membrane must be sealed with EverGuard@ TPO Cut Edge Sealant 16 Supplemental membrane attachment is required at the base of all walls and curbs, and where the angle of the substrate changes by more than five (5) degrees (1" in 12") 1 Roofing membrane shall be secured to the structural deck with appropriate Drill-TecTM screws and plates spaced every 12" o c The screws and plates must be installed no less than %:" from the membrane edge Alternatively, the roofing membrane may be turned up the vertical plane a minimum of 3" and secured with screws and termination bar Fastener spacing is the same as is used for in -lap attachment The termination bar must be installed within 1-1/2" to 2" of the plane of the roof membrane, with a minimum of I" of 1 membrane extending above the termination bar 17 Supplemental membrane attachment to the structural deck is required at all penetrations unless the insulation substrate is fully adhered to the deck Roofing membrane shall be secured to the deck with appropriate Drill-TecTv screws and plates 18 Fasteners must be installed to achieve the proper embedment depth Install fasteners without lean or tilt 19 Install fasteners so that the plate or termination bar is drawn down tightly to the membrane surface Properly installed fasteners will not allow the plate or termination bar to move (underdrrvrng), but will not cause wrinkling of the membrane (overdriving) 3 09 FLASI-IINGS A General 1 All penetrations must be at least 24" (61 (,in) from curbs, walls, and edges to provide adequate space for proper flashing 2 Flash all peruneter, curb, and penetration conditions with coated metal, membrane Flashing, and flashing accessories as appropriate to lire site condition 3 All coated metal and membrane flashing corners shall be reinforced with preformed corners or non -reinforced membrane 4 Hot -an weld all flashing membranes, accessories, and coated metal A mnirrmun 2" wide (hand welder) weld is required 07545-11 Rev 09104 Section 7540 Membrane Roofing 5 All cut edges of reinforced membrane must be sealed with EverGuard® TPO Cut Edge Sealant 6 Consult the EverGuard® Application and Specifications Manual or GAFMC Contractor Services for more information on specific constriction details, or those not addressed in this section B Coated Metal Flashmgs 1 Coated metal flashmgs shall be formed in accordance with current EverGuard construction details and SMACNA guidelines 2 Coated metal sections used for roof edging, base flashing and coping shall be butted together with a'/4" gap to allow for expansion and contraction Hot-air weld a 6" wide reinforced membrane flashing strip to both sides of the joint, with approximately I" on erthei side of the joint left un-welded to allow for expansion and contraction 2" wide aluminum tape can be installed over the joint as a bond -breaker, to prevent welding in this area a 3 Coated metal used for sealant pans, scupper inserts, corners of roof edging, base flashing and coping shall be overlapped or provided with separate metal pieces to create a continuous flange condition, and pop -riveted securely 1-lot-air weld a 6" wide reinforced membrane flashing strip over all seams that will not be sealed during subsequent flashing installation 4 Provide a %" hem for all exposed metal edges to provide corrosion protection and edge reinforcement for improved durability 5 Provide a '/z" hem for all metal flange edges whenever possible to prevent wearing of the roofing and flashing membranes at the flange edge 6 Coated metal Flashmgs shall be nailed to treated wood hailers or otherwise mechanically attached to the roof deck, wall or curb substrates, in accordance with construction detail requirements C Reinforced Membrane Flashmgs 1 The thickness of the flashing membrane shall be the same as the thickness of the roofing membrane 2 Membrane flashmg may either be installed loose or fully adhered to the substrate surface in accordance with "Construction Detail Requirements" 3 Where flashmgs are to be fully adhered, apply bonding adhesive at a rate resulting in 60 square feet/gallon of finished roofing material for solvent -based bonding adhesives, and at a trite of 125 square feet/gallon of finished roofing material for water -borne bonding adhesive Apply bonding adhesive to both the underside of the membrane and lime substiate surface at 120 square feet per gallon (Solvent Based) and 250 square feet per gallon (Water Based) A greater quantity of bonding adhesive may be required based upon the substrate surface condition The bonding adhesive must be allowed to dry until tacky to the touch before Ilashing membrane application 4 Apply the adhesive only when outside tempeiature is above 40°F Recommended rnmuncun application temperature is 50°F to allow lot easier adhesive apphcation 5 The membrane flashing shall be carefully positioned prior to application to avoid wrinkles and buckles 07545-12 Rev 09104 the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and condita.ons for performance and furnishing of the Work 5 0 INTERPRETATIONS AND ADDENDA 5 1 All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda Questions received less than seven days prior to the date for opening of the Bids may not be answered Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect 5 2 All questions concerning the scope of this project should be directed to the Engineer Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5 3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer 5 4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents 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 Q 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 12/03 Section 00100 Page 3 H Section 7540 Membrane Roofing D Self -Adhered Membrane Flashmgs 1 Install self -adhering membrane Flashmgs according to all applicable GAFMC construction details 2 Apply flashing membrane only when outside temperature is above 40°F Recommended minimum application temperature is 50°F to allow for unproved adhesive performance 3 The membrane flashing shall be carefully positioned prior to removal of release film to avoid wrinkles and buckles 4 Adhere flashing membrane to the walls by removing the release film Broom or roll all walls All seams shall be rolled -in with a silicone roller E Un-reinforced Membrane Flashmgs 1 Un-reinforced membrane is used to field -fabricate penetration or reinforcement flashmgs in locations where preformed comers and pipe boots cannot be properly installed 2 Penetration flashmgs constructed of un-reinforced membrane are typically installed in two sections, a horizontal piece that extends onto the roofing membrane and a vertical piece that extends up the penetration The two pieces are overlapped and hot-air welded together 3 The un-reinforced membrane flashing shall be adhered to the penetration surface Apply bonding adhesive at a rate resulting in 60 square feet/gallon of finished roofing material for solvent -based bonding adhesives, and at a rate of 125 square feet/gallon of finished roofing material for water -borne bonding adhesive Apply bonding adhesive to both the underside of the membrane and the substrate surface at 120 square feet per gallon (Solvent Based) and 250 square feet per gallon (Water Based) A greater quantity of bonding adhesive may be required based upon the substrate surface condition The bonding adhesive must be allowed to dry until tacky to the touch before flashing membrane application F Roof Edges 1 Roof edge flashmgs are applicable for gravel stop and drip edge conditions as well as for exterior edges of parapet walls 2 Flash roof edges with metal flanges nailed 4" O C to pressure -treated wood nailers Where required, hot-air weld roof membrane to coated metal flanges 3 When the fascia width exceeds 4", coated metal roof edging must be attached with a continuous cleat to secure the lower fascia edge The cleat must be secured to the building no less than 12" O C 4 Alternatively, roof edges may be flashed with a 2-piece snap on fascia system, adhering e the roof membrane to a metal cant and face nailing the membrane 8" on center pi for to installing a snap -on fascia 5 Flash roof edge scuppers with a coated metal insert that is mechanically attached to the roof edge and integrated as a part of the metal edging G Parapet and Building Walls 1 Flash walls with EverGuard TPO membrane adhered to the substrate with bonding adhesive, loose applied (Less than 18" in height) or with coated metal flashing nailed 4" on center to pressure -treated wood naders 07545-13 Rev 09104 En Section 7540 Membrane Roofing 2 Secure membrane flashing at the top edge with a termination bar Water Block shall be applied between the wall surface and membrane flashing underneath all exposed termination bars Exposed termination bars shall be mechanically fastened 8" on center, termination bars that are counter flashed shall be fastened 12" on center 3 Roof membrane must be mechanically attached along the base of walls with screws and plates (deck securement) or screws and inverted termination bar (wall securement) at the following rate Mechanically Attached Systems Per in -lap on center spacing, with a 12" maximum Fully / Self Adhered Systems 12" on center Ballast Applied Systems 8" on center 4 All coated metal wall flashmgs and loose applied membrane flashmgs must be provided with separate metal counterflashmgs, or metal copings 5 Metal counterflashmgs may be optional with fully adhered flashmgs depending on guarantee requirements Exposed termination bars must be sealed with EverGuard® caulking 6 Flash wall scuppers with a coated metal insert that is mechanically attached to the wall and integrated as part of the wall flashing H Curbs and Ducts 1 Flash curbs and ducts with EverGuard TPO membrane adhered to the curb substrate with bonding adhesive, loose applied (Less than IS" in height) or with coated metal flashing nailed 4" on center to pressure -treated wood naders 2 Secure membrane flashing at the top edge with a termination bar Water Block shall be e applied between the curb/duct surface and membrane flashing underneath all termination bars Exposed termination bars shall be mechanically fastened every 8"o c , termination bars that are counter flashed shall be fastened 12" on center 3 Roof membrane must be mechanically attached along the base of walls with screws and plates (deck securement) or screws and inverted termination bar (wall securement) at the following rate Mechanically Attached Systems Per in -lap on center spacing, with a 12" maximum Fully / Self Adhered Systems 12" on center Ballast Applied Systems 8" on center 4 All coated metal curb flashings and loose applied membrane flashmgs must be provided with separate metal counterflashmgs, or metal copings 5 Metal Lountea flashmgs may be optional with frilly adhered flashmgs depending on guarantee requirements Exposed termination bars most be scaled with EverGuard© Laulking 0 I Roof Drams 07545-14 C Rev 09104 0 Section 7540 Membrane Roofing 1 Roof drams must be fitted with compression type clamping rings and strainer baskets Original -type cast iron and aluminum drams, as well as retrofit -type cast iron, aluminum or molded plastic drams are acceptable 2 Roof drams must be provided with a minimum 36" x 36" sump Slope of tapered insulation within the sump shall not exceed 4" in 12" 3 Extend the roofing membrane over the dram opening Locate the dram and cut a hole in a the roofing membrane directly over the dram opening Provide a %" of membrane flap extending past the dram flange into the dram opening Punch holes through the roofing membrane at dram bolt locations 4 For cast iron and aluminum drams, the roofing membrane must be set in a full bed of water block on the dram flange prior to securement with the compression clamping ring Typical water block application is one 10 5 ounce cartridge per dram 5 Lap seams shall not be located within the sump area Where lap seams will be located within the sump area, a separate roof membrane dram flashing a minimum of 12" larger than the sump area must be installed The roof membrane shall be mechanically attached 12" on center around the dram with screws and plates The separate roof dram flashing shall be heat welded to the roof membrane beyond the screws and plates, extended over the dram flange, and secured as above 6 Tighten the dram compression ring in place 3 10 TRAFFIC PROTECTION A Install walkway pads/rolls at all roof access locations and other designated locations including roof -mounted equipment work locations and areas of repeated rooftop traffic B Walkway pads must be spaced 2" apart to allow for drainage between the pads C Fully adhere walkway pads/rolls to the roof membrane with solvent -based bonding adhesive, applied at the rate of I gal per 100 sq ft to both the walkway and roof membrane surfaces Press walkway in position once adhesive is tacky to the touch D Alternatively, walkway pads/rolls may be hot -air -welded to the roof membrane surface continuously around the perimeter of the pad/roll 3 11 ROOF PROTECTION A Protect all partially and fully completed roofing work from other trades until completion B Whenever possible, stage materials in such a manner that fool traffic is mimmized over completed roof areas C When it is not possible to stage materials away from locations where partial or complete installation has taken place, temporary walkways and platforms shall be installed in order to protect all completed roof areas from traffic and point loading during the application process D Temporary tie-ins shall be installed at the end of each workday and removed prior to Lomm11encement of work the following day 07545-15 Rev 09104 9 Section 7540 Membrane Roofing R312 CLEAN-UP A All work areas are to be kept clean, clear and free of debris at all times B Do not allow trash, waste, or debris to collect on the roof These items shall be removed from the roof on a daily basis C All tools and unused materials must be collected at the end of each workday and stored properly off of the finished roof surface and protected from exposure to the elements D Dispose of or recycle all trash and excess material in a manner conforming to current EPA regulations and local laws E Properly clean the finished roof surface after completion, and make sure the drams and gutters are not clogged F Clean and restore all damaged surfaces to their original condition END OF SECTION N ix C F' 1 i 07545-16 Rev 09104 n 1 The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement 8 0 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement 9 0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements 10.0 SUBCONTRACTORS; SUPPLIERS AND OTHERS 10 1 Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work Refer to Section 00430 contained within these Documents 10 2 If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the a contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award Q 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 1 11 0 BID FORM 1 12/03 Section 00100 Page 4 LI I 11 1 A copy of the Bid Form is bound in the Contract Documents which Q may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid Q 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 a 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 Q 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 a 12 0 BID PRICING Bids must be priced as set forth in the Bid Schedule or Schedules 13 0 SUBMISSION OF BIDS 13 1 Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No , and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430 If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with 12/03 Section 00100 Page 5 E N 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 and 1 OWNER reserves all informalities the right to reject any and all Bids, not involving price, time or changes to waive in the Work, any to negotiate contract terms with the Successful Bidder, and the right to 12/03 Section 00100 Page 6 P L disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not a 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 a 17.3 OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17 4 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time 17 5 If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER Award shall be made on the evaluated lowest base bid excluding alternates The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules Only one contract will be awarded 17 6 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening 18 0 CONTRACT SECURITY The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security 0 12/03 Section 00100 Page 7 h H 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 shall deliver one fully signed counterpart to CONTRACTOR Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification 20 0 TAXES OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work Said taxes shall not be included in the Contract Price Reference is made to the General and Supplementary Conditions 21 0 RETAINAGE Provisions concerning retainage are set forth in the Agreement 22 0 PURCHASING RESTRICTIONS Purchasing restrictions The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. a A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office A Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel 23 0 COLLUSIVE OR SHAM BIDS Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid 24 0 BID RESULTS For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you D Bid results will be posted in the Purchasing office seven the Bid Opening (7) days after 1 12/03 Section 00100 Page 8 E C LJ LJ J I I,l I E E C 1 E u asing Irntsuu ADDENDUM No 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 6071 Utilities Roof Replacement 2007 OPENING DATE 3 00 P M (Our Clock) October 23, 2007 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made REVISIONS TO THE CONTRACT DOCUMENTS Section 00300 — Bid Form • ADD Paragraph 8A Alternate Bid A WTF Gallery Roof Expansion Joints Dollars ($ ) 2 SPECIFICATIONS SECTION 0020 SUMMARY OF WORK • DELETE 1 04 A 1 b, REPLACE with the following b) Install ngid ISO insulation and crickets • DELETE 1 04 A 2 a REPLACE with the following a) Completely remove and dispose of existing roofing system down to concrete deck • ADD Paragraph 1 04 A 4 4 Alternate "A" WTF Filter Gallery Expansion Joints • Install approximately 1901f of 4 Inch Metalastic Prefabricated Expansion Joint Covers • Install approximately 761f of 6 inch Metalastic Prefabricated Expansion Joint Covers • ADD Paragraph 1 04 A 5 5 Contractor responsible for the removal and reinstallation of the existing lightening protection system Contractor not responsible for the recertification of the existing lightening protection system 215 North Mason Nlieet • 2"" Floor • P 0 liox 580 • Fmt Collins, ( 0 80522-0580 • (970) 22 1 -6775 • Fax (970) 221-6707 1 www fcgov com jh f t I I N El IV 'l A �I I F :j fJ 1 I h END OF SECTION 1 12/03 Section 00100 Page 9 k II: Il 1l Ff R ll� I R n IJ E It i T I, Hill, SECTION 00300 •.41 LL'1 f SECTION 00300 BID FORM PROJECT 6071 Utilities Roof Replacement 2007 Place Date October 23rd, 2007 1 In compliance with your Invitation to Bid dated 10-10-07 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 Bid Bond - ($ ) 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• Fidelity & Depogit Company of Maryland 1400 American Lane, Schaumberg, IL 60196-1056 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 2 7/96 Section 00300 Page 1 1 L11J I). IY" BID SCHEDULE (Base Bid) 1 Pollution Control Lab Roof Dollars ($ 62,421.00 2 WTF Filter Gallery Dollars ($ 75,196.09 TOTAL BASE BID $137,617.00 In words One hundred thirty seven thousand Six hundred swre Teen dolla 0 9 PRICES a 00 �y"dp'{s• gro. r� e in 1 7/96 The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc , to cover the complete Work in place of the several kinds called for Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price S MITTED - - - - 1 0-23-07 S1 r Date 3 President rA,a+`»Y „Title Number (If Applicable) tion) �A�+s)`s'1 4 00 E 39th Ave. v 1 v Aurora,, CO 80011 Telephone CAM _ 37c;-wino Section 00300 Page 2 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive This statement must be notarized If necessary, questions may be answered on separate attached sheets The Bidder may submit any additional information he desires 1 Name of Bidder Superior Roofing, Inc. 2 Permanent main office address 14700 E. 39th Ave. 3 When organized August 11,1983 4 If a corporation, where incorporated Colorado 5 How many years have you been engaged in the contracting business under your present firm or trade name? 24+ years 6 Contracts on hand (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion ) Approximately 71 contracts in the amount of $26million to be aD=Je ted within 1 to 10 months D 7 General character of Work performed by your company Commercial roofing and architectural sheet metal 8 Have you ever failed to complete any Work awarded to you�No If so, where and why? 9 Have your ever defaulted on a contracts No If so, where and why? e10 Are you debarred by any government agency No If yes list agency name 0 7/96 ;I, Section 00420 Page 1 F H n 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 SEE ATTACHED 12 List your Su erior major equipment available for this contract Roofln has a hu e arra of e ui available to comp ete WHY wor contracte In a 1 1on we wi rentany additional equipment necessary to Complete pro3e8ts. 1 13 Experience project in construction Work similar in importance SEE ATTACHED to this 14 Background and experience of the principal members of your organization, including officers SEE ATTACHED 15 Credit available $ 16 Bank reference Citywide Banks - Doug Watson - (30�) 364-4000 17 Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Yes 18 Are you licensed as a General CONTRACTOR?NO- Licensed as RoofingContractol If yes, in what city, county and state? I)pnvpr, Aurora F _ rnI1 W }At class, license and numbers?D-D4408. A-200720077300CL, F-R1802 Others available upon request. 19 Do you anticipate subcontracting ,Work under this Contracts No If yes, what percent of total contracts N/A and to whom? 20 Are any lawsuits pending against you or your firm at this time'Nc IF yes, DETAIL N/A D 7/96 1 Section 00420 Page 2 21 22 What are the limits of your public liability? DETAIL See attached sanPle certificate. What company? See attached Sample certificate What are our establMed 23 The undersigned corporation to verification of Qualifications Dated at Aurora, CO State of Colorado County of Adams 's bonding 1imitat ions �Aggregate - No upper limit _ngle - $2Million hereby authorizes and requests any person, firm or furnish any information requested by the OWNER in the recital comprising this Statement of Bidder's this 23rd day of October , 2007 Max Hannum being duly sworn deposes and says that he is Sec./Treas. of Superior Roofing, Inc. and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct Subscribed and sworn to before me this 23rd day of October , 20 07 Q5 so,& 0, Notary Public My commission expires 7/96 �NoTARY 's;,PU BLI Gj My Commission Expires Section 00420 Page 3 E LJ fl fl E m N H HI H C� H 1 IL li`1 CJ C m O. E O U 0 0 a m n E 0 U T C 0 U N .N+ N O D_ c 0 O O_ E d 0 E N 0 S U P E R I O R R O O F 1 N 1 I N C. O R I' O R A I R 14700 E 39TH AV AURORA CO 8001 (3031375-030i Fa x ( 3 0 3 ) 3 7 5 - 0 3 9 COMAfERCIAL ROOFING 6 ARCHITECTURAL SHEET META Management & Staff BRUCE LEVEY, founder, President, and CEO of Superior Roofing, has more that 25 years experience in the construction trades and roofing He conducts seminars in roof management for building owners, and has served on the board of directors for the Colorado Roofing Association QMAX HANNUM is Superior Roofing's Chief Financial Officer Joining the company in 1990, he brought to his position more than twenty years administrative and financial experience He holds a Masters Degree in Business Administration, with additional certification in Finance PAUL POSPECK, field supervisor, has been with Superior Roofing since its incorporation in 1983 He has twenty-five years of construction experience Mr Pospeck manages field personnel and construction efforts for the company MISCHELE SANTANA, Project Administrator/Office Manager, has been with Superior Roofing since 1993 She supports the smooth operation of the company and has more than thirteen years of project administration and accounting experience JACK KIMBALL has over twentyyears experience in construction -related industries, including the drafting of architectural drawings and construction documents Jack serves as an Estimator and project manager EVA VASQUEZ, Accounting Specialist, has been with Superior Roofing since 1995 She 1 supports accounting for all upcoming and current projects DAN TELK, has over twenty years field experience in the sheet metal industry As Sheet Metal Project Manager, he supports field operations for all sheet metal projects MICHAEL MANDONADO, has over fifteen years of experience as field foreman and serves as Project Manager for special repairs and re -roof projects He has been with Superior Roofing since 1983 GARY RIMBERT, has over 20 years experience it the construction field Gary heads up our repair division as the Repair Supervisor RICK MARTELON, holds a Construction Management Degree and serves as an Estimator and project manager In addition he manages the bulk of our Wal-Mart projects in and out of state aGREG MAGEE, Estimator and Project Manager, Greg has over 25 year experience in the construction industry He has hands on experience in all aspects of construction from ground up as well as owning his own construction company JiECEIVED fed F:c ul,1 2 3 2007 SUPERIOR ROOFING, INC. wJl SECTION 00410 BID BOND i a KNOW ALL MEN SY THESE PRESENTS ghat we, the undersigned as Principal, and Fidelity and Deposit Company of Maryland as Surety, are hereby held and firmly bound unto the City of Port Collins Colorado,as OWNER, in the Sum of ) Five Percent (5 o t e ota Amount o for the payment or which, well and truly to he made, we hereby jointly and severally bind osrselves, auecessors, and assigns * the Bid THE CONDITION of this obligation is such that whereas the Principal has submitted to the City f Fort Collins, Colorado the accompanying Bid and hereby made a part hero:)f to enter into a Construction Agreement for the construction of Fort CO1l Lne Project, 6071 Utilities Roof Replacement 2007 NOW THEREFORE, (a) If said Bid shall b,, rejected, or (b) If said Bid shall bt accepted and the Principal shall execute and deliver a Contract in the f:rm 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 per#;irm the Agreement created by the acceptance of said Sid, then this cblijation shall be void, otherwise the same Shall remain in force and effee' , it being expressly understood and agreed that the liability of the Si.rety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. Tam Surety, for value received, hereby stipulates and agrees that the obligations of Said Su%:ty and its BOND shall be in no way impaired or affected by any extensia,:' of the time within which the OWNER may accept such Bid, and said surety doe,, hereby waive notice of any ouch ext®nsion• Surety Companies executing bonds must be authorized to transact business in the State of Colorado anc be accepted by the OWNER. I I 1 7/96 Section 00410 Page 2 E I 44 H 1 I" 1 1 C C H L I I 1 I1 3 SPECIFICATIONS SECTION 7540, Membrane Roofing ADD Paragraph 2 02 A 1 &2 1 Board Thickness 2-inches 2 Thermal Resistance (LTTR value) of approximately 12 ADD Paragraph 2 02 B B Rigid polyisocyanurate board, with a strong fibrous glass facer and a tapered profile conforms to or exceeds the requirements of ASTM C 1289 / FS HH-1-1972, EnergyGuardTm Tapered Polyso, by BMCA® with the following characteristics Board Thickness 3-inch maximum Thermal Resistance (LTTR value) of approximately 18 Taper Slope 1/4 inch per foot' DELETE Paragraph 2 03 A - REPLACE with the following A Tapered Crnckete Factory fabricated rigid polyisocyanurate board, cut at angles to provide drainage between drains EnergyGuard Tapered Polyiso by BMCA • CHANGE Paragraph 2 06 A to 60 and for both references of 45 and • DELETE Paragraph 2 07 • DELETE Paragraph 2 08 B - • DELETE Paragraph 2 09 D and F • CHANGE Paragraph 2 09 H standard 50-foot continuous lengths to 100-foot continuous lengths • DELETE Paragraph 2 09 1 • DELETE Paragraph 3 04 • DELETE Paragraph 3 06 REPLACE with the following 3 06 - INSULATION — BASE LAYER A Steel Deck 1 The insulation must be securely attached to the roof deck A minimum FMRC 1-60 attachment is recommended Refer to FMRC Approval Guide for FM fastening patterns Factory Mutual requires fastener density increased in corner areas for FM 1-60 as well as perimeter and corner area fastener density increases for FM 1-90 or greater Refer to FM Loss Prevention Data Sheets 1-7, 1-28, and 1-49 2 Use only fasteners with a minimum 3 inch (7 6 cm) stress plate when mechanically attaching insulation Do not attach insulation with nails B Concrete Deck 1 Install insulation layers applied with beads of Oly Bond 500 spaced 12" o c Approximate coverage rate is one (1) gallon per IN WrTNffiSS WHEREOF, the 'rincipal and the Surety have hereunto set their hands and seals Chia 23rd day of October . 20DZ, 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 IPame Superior Roofing, Inc. Address 14700 E. 39th Avenue Aurora Col L By, T,3rY.r1.2.; z tY/TREASLJRr_°t !'fin ,*Tw„ .•//oc•''' . `t't'� H `o 1J I I D7/96 h SURETY Fidelity and Deposit Company of Maryland 1400 American Lane, Tower I, 19$h••F,loor .s: „ Scha , 60196 ila J. M nto - r 1+ �:��1 1t1G Attnr �>/i�f (3EAL) Section 00410 page 3 �.J LOCRTON COMPANIES OF COLORADO, INC 8110 East Union Avenue /Suite 700 / Denver, CO 80237-2984 (303)414.6000/FAX (303)8656000 LA i L' II M Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S gz aryland, by M P HAMMOND, Vice President, and ERIC D BARNES, Assistant Secretary, in pur a ranted by Article VI, Section 2, of the By -Laws of said Companies, which are set forth on t o n reby certified to be in force and effect on the date hereof, does hereby nomma t t po 1 m NNELL, JR., Shelley CZAJKOWSKI, Celeste T. HELMS, , 1, nil JAIN, Katalm CHURCH and Sheila J MONTOYA, all of Denva ° t t It agent and Attomey-m-Fact, to make, execute, seal and deliver, fo i Qs�Ji�PPfis s a and deed any and all bonds and undertakings, and the execution of su n a i ese presents, shall be as binding upon said Companies, as fully and amply, to all irn° tad been duly executed and acknowledged by the regularly elected officers of the Company at i a re, Md , in their own proper persons This power of attomey revokes that issued on behalf of William M ELL, JR , Shelley CZAJKOWSKI, Celeste T HELMS, Mona D WEAVER, Amy WICKETT, dated October 31, 2006 The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of December, A D 2006 ATTEST FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY o Duos,!_ yob 1100 ,_ 4 n„ BY Eric D Barnes Assistant Secretary M P Hammond Vice President State of Maryland 1 ss 1 Cityof Baltmtore f On dus 6th day of December, AD 2006, before the subscnber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M P HAMMOND, Vice President, and ERIC D BARNES, Assistant Secretary of the FIDELUYAND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND the officers na ANY, to me personally known to be e individuals and ocers described in and who executed the • Xeb§6mg �dI, and they each acknowledged the execution of the same, and being by me duly swom, severally and , bseth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the ce�itt� a trs the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such l r` f etstt it ` f fixed and subscribed to the said instrument by the authority and direction of the said Corporations . �IvIO • WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above 4 1 J f11J a Constance A Dunn Notary Public My Commission Expires July 14, 2011 1, POA-F 020-5028 C"Rant! 701RR SIIPR(W) ACORDr. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD Y) 05/03/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp 700 Broadway,Suite 1000 ONLY HOLDER ALTER AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE POLICIES BELOW Denver, CO 80203 303 837.8500 INSURERS AFFORDING COVERAGE INSURED Superior Rooting, Inc 14700 East 39th Avenue Aurora, CO 80011 INSURER Continental Casualty Company (CNA) INSURER B INSURERC INSURER D INSURER E 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NSR LTRTYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/ D POLICY EXPIRATION DATE MMID LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR 2071247507 05/01/07 05/01/08 EACH OCCURRENCE S1000000— FIRE DAMAGE (Any one fire) $300000 MED EXP (Any one person) $1 O 000 PERSONAL B ADV INJURY $1 000 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE UMITAPPLIES PER POUCV X JECT"' LOC PRODUCTS-COMP/OPAGG s2000000 A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON-OWNEDAUTOS 2071247510 05/01/07 05/01/08 COMBINED SINGLE LIMIT (Ea AcdEenl) $1,000,000 BODILY INJURY (Per person) $ X X BODILY accide t) (Per ecdtlen[j $ PROPERTY DAMAGE (Per aedaent) $ GARAGE LIABILITY ANY AUTO --" "— AUTO ONLY - EA ACCIDENT S OTHERTHAN EAACC AUTO ONLY AGO $ $ A EXCESS LIABILITY X1 OCCUR El CLAIMS MADE DEDUCTIBLE X RETENTION $10000 2082606326 05/01/07 05/01/08 EACH OCCURRENCE s5,000,000 AGGREGATE $5 ODO O00 $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 2071247524 05/01/07 DS/01/08 X WC STATU- OTH EL EACH ACCIDENT $1000000 EL DISEASE - FA EMPLOYEE $1 ODD 000 EL DISEASE -POLICY LIMIT $1000000 OMER DESCRIPTION OF OPERATIONSR OCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROWSIONS For Information Purposes Only of 'I 8RdG3Ad7/MAQ2Q70 LD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL O_ DAYSWRITTEN ETOTHE CERTIFICATE HOLDER NAMED TOME LEFT, BUTFNLURE TODOSOSHALL SE NOOBLIGATION OR LIABILITY OF ANY IOND UPON THE INSURERJTS AGENTS OR I iBBE L C 0 t il' C C' H U D III (AB2S1119 ADDENDUM No 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 6071 Utilities Roof Replacement 2007 OPENING DATE 3 00 P M (Our Clock) October 23, 2007 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made REVISIONS TO THE CONTRACT DOCUMENTS Section 00300 — Bid Form ADD Paragraph 8A Alternate Bid A WTF Gallery Roof Expansion Joints 2 SPECIFICATIONS SECTION 0020 SUMMARY OF WORK • DELETE 1 04 A 1 b, REPLACE with the following b) Install rigid ISO insulation and crickets • DELETE 1 04 A 2 a REPLACE with the following a) Completely remove and dispose of existing roofing system down to concrete deck ADD Paragraph 1 04 A 4 4 Alternate "A" WTF Filter Gallery Expansion Joints • Install approximately 190 If of 4 inch Metalastic Prefabricated Expansion Joint Covers • Install approximately 76 If of 6 inch Metalastic Prefabricated Expansion Joint Covers • ADD Paragraph 1 04 A 5 5 Contractor responsible for the removal and reinstallation of the existing lightening protection system Contractor not responsible for the recertification of the existing lightening protection system S 215 North Mason Sti cet • 2"a Floor • P Q Boa 980 • Fm t (ollins, 1 0 80522-0580 • (970) 221-677i • I a% (970) 221-6707 1 www fceov com 3 SPECIFICATIONS SECTION 7540, Membrane Roofing • ADD Paragraph 2 02 A 1 &2 1 Board Thickness 2-inches 2 Thermal Resistance (LTTR value) of approximately 12 • ADD Paragraph 2 02 B B Rigid polyisocyanurate board, with a strong fibrous glass facer and a tapered profile conforms to or exceeds the requirements of ASTM C 1289 / FS HH-1-1972, EnergyGuardTm Tapered Polyiso, by BMCA® with the following characteristics Board Thickness 3-inch maximum Thermal Resistance (LTTR value) of approximately 18 Taper Slope 1/4 Inch per foot" • DELETE Paragraph 2 03 A - REPLACE with the following A Tapered Crnckete Factory fabricated rigid polyisocyanurate board, cut at angles to provide drainage between drains EnergyGuard Tapered Polyiso by BMCA • CHANGE Paragraph 2 06 A to 60 and for both references of 45 mil • DELETE Paragraph 2 07 • DELETE Paragraph 2 08 B • DELETE Paragraph 2 09 D and F • CHANGE Paragraph 2 09 H standard 50-foot continuous lengths to 100-foot continuous lengths • DELETE Paragraph 2 09 1 • DELETE Paragraph 3 04 • DELETE Paragraph 3 06 REPLACE with the following 3 06 - INSULATION — BASE LAYER A Steel Deck 1 The Insulation must be securely attached to the roof deck A minimum FMRC 1-60 attachment is recommended Refer to FMRC Approval Guide for FM fastening patterns Factory Mutual requires fastener density Increased In corner areas for FM 1-60 as well as perimeter and corner area fastener density increases for FM 1-90 or greater Refer to FM Loss Prevention Data Sheets 1-7, 1-28, and 1-49 2 Use only fasteners with a minimum 3 inch (7 6 cm) stress plate when mechanically attaching insulation Do not attach insulation with nails B Concrete Deck 1 Install Insulation layers applied with beads of Oly Bond 500 spaced 12" o c Approximate coverage rate is one (1) gallon per 100 square feet, depending on the substrate Allow the foam to rise %" to %" Press each board firmly into place Stagger the joints of additional layers in relation to the insulationjoints in the layer(s) below by a minimum of 6" (15 2 cm) to eliminate continuous vertical gaps 2 The substrate must be free of debris, dust, dirt, oil, grease, and standing water before applying the adhesive " • DELETE Paragraph 3 07 D through G, and J • ADD Paragraph 3 09 A 7 7 Replace all existing pitch pans with new weldable TPO metal flashing and pourable sealer • DELETE Paragraph 3 09 D and F • CHANGE Paragraph 3 09 G 3 — Remove references to Mechanically Attached and Ballasted Systems • CHANGE Paragraph 3 09 H 3 — Remove references to Mechanically Attached and Ballasted Systems • DELETE Paragraph 3 10 D • ADD Paragraph 3 11 E E During removal of existing roof provide temporary protection between concrete deckjoints to prevent debris from entering building • Prebid Attendees attached Please contact John D Stephen, CPPO, 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. ATTENDANCE RECORD PREB[D CONFERENCE Project: 6071 Utilities Roof Replacement 2007 Time. 10:OD amDate: October 11, 2007 Location: 3036 Environmental Drive Fort Camns. CO 'RINT 4AME PRINT FIRM NAME ADDRESS TELEPHONE FAX# E-MAiLADDRESS F� iiE)C � t 41CD £OD `yp {{� ({ &,kl FV'6J ?4�6e- Ye6 igi, Syrk�s � W", live- t �reeterj r0 $063f y 1 C�G� ���-8�0� L1�©�35�-575� S ['�`G�iCt.�CTi rn[S �Y `v(• c�}OL��-o20� Ct)D�G�02y [�u�-•C�I arAJnwcer����6� pp �}�^; .. I. •4k,d�{LL ( :J � Ch' �•iNf `� tO �p, L i'� Gr(,.t� {�f ((''jj���'Cjj�l / (T E4S1' Y53 q-i G t'J S � 1�1 Lr,vp� .a�1uC� Crry oC-' 3J 3G 6'vvt",v,-v OA4- 1� C9�)2zz-ar<S (2x�,1zr-daz �rhve%lc.��C�ca�c�� L l s,,, -177=771 _, ,., _ ATTENDANCE RECORD PREBID CONFERENCE Project: 6071 Utilities Roof Replacement 2007 Time: 10.00 amDate: October 11, 2007 1 nr-Afinn • 302R FtnvirnnmArtal Plrive Fart Collins- M PRINT PRINT ADDhESS TELEPHONE FAX # E-MAIL ADDRESS NAME FIRM NAME Oz� u-) (P— LiUCQou�I�iC�.C�w. Y� UYfL jyu�r 09Y��t�L�O6�lIf� (g�� WASt{fl+ fLr3 3o�-zbb K2po 3o3-Z$6-$2oq 61arL-, Push�roo£vs� ,ce �h'ki" La 'Sew> T / �.' �i °tea€l/K L4 C�RfSjlo I ag I W. (841' Pcvt EC1 3.3 ►zo=-69Val 3`3 -6 73— 38I I �Io�i1w+� t✓ Cf.{ oPlfPrM Dcow, $o2�°Y ��bP, f Pc fors !�'�o�rf l7 L, ��/•. p 97a - V407-sa�7 �70- Z24-007 oct- U 30-�--993131y t� Bro04�-W, CIO S�p02O -,- C-oFC ?u&4�" �70 7� ) 3r a �- �77�j c�P1-6-V i �0-7 -30 3- `-ftL,1Acitcc (e- r- 28 -7 30`tl 2g7-93a( v be-u, �. 00 (jig CJT�t D C4 VL r®bE-1 /0 r SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed LJ j I d 5 ,u 0 I I n Ha SECTION 00510 NOTICE OF AWARD Date October 29, 2007 TO Superior Roofing, Inc PROJECT 6071 Utilities Roof Replacement 2007 OWNER CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated October 23, 2007 for the above project has been considered You are the apparent successful Bidder and have been awarded an Agreement for 6071 Utilities Roof Replacement 2007 The Price of your Agreement is Total Base Bid ($137,617) + Alternate A WTF Gallery Roof Expansion Joints ($10,184) = ONE HUNDRED FORTY-SEVEN THOUSAND, EIGHT HUNDRED ONE DOLLARS, ($147,801 00) Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award that is by November 13, 2007 1 You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents Each of the Contract Documents must bear your signature on the cover of the page 2 You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5 1) and Supplementary Conditions Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached 1 9/12/01 of Fort Collins OWNER � d By 1 rJam s B O'Neill, II, CPPO, T7TTGP Di ector of Purchasing & Risk Management Section 00510 Page 1 I 100 square feet, depending on the substrate Allow the foam to rise %" to Y4" Press each board firmly into place Stagger the joints of additional layers in relation to the insulationjoints in the layer(s) below by a minimum of 6' (15 2 cm) to eliminate continuous vertical gaps 2 The substrate must be free of debris, dust, dirt, oil, grease, and standing water before applying the adhesive " • DELETE Paragraph 3 07 D through G, and J • ADD Paragraph 3 09 A 7 7 Replace all existing pitch pans with new weldable TPO metal flashing and pourable sealer • DELETE Paragraph 3 09 D and F • CHANGE Paragraph 3 09 G 3 — Remove references to Mechanically Attached and Ballasted Systems • CHANGE Paragraph 3 09 H 3 — Remove references to Mechanically Attached and Ballasted Systems • DELETE Paragraph 3 10 D • ADD Paragraph 3 11 E E During removal of existing roof provide temporary protection between concrete deckjoints to prevent debris from entering budding • Prebid Attendees attached Please contact .John D Stephen, CPPO, 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 Ij C P J J HI r� H SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 29th day of October in the year of 2007 and shall be effective on the date this AGREEMENT is signed by the City The City of Fort Collins (hereinafter called OWNER) and Superior Roofing, Inc (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as follows: Contractor shall furnish and install a GAF 60 mil White TPO Energy Star fully adhered membrane roofing system with complete details in accordance with manufacturer's recommendations Contractor shall be responsible for removing the entire existing roofing system from the rooftop and properly disposing of material. Contractor shall install replacement expansion joint material on the Filter Gallery roof ARTICLE 2 ENGINEER The Project has been designed by Fort Collins Utility Services, 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 for the Pollution Control Lab shall be Substantially Complete within 30 calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions 1 within 60 calendar days after the date when the Contract Times commence to run The Work for the Water Treatment Facility Filter Gallery shall be Substantially Complete within 180 calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within 210 calendar days after the date when the Contract Times commence to run. IJ 9/12/01 Section 00520 Page 1 1 E 0 3.2. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the ® Work is not completed within the times specified in paragraph 3 1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding 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 thirty (30) calendar day period for the Substantial Completion of the Pollution Control Lab Work until the Work is Substantially Complete Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the one hundred eighty (180) calendar day period for the Substantial Completion of the Water Treatment Facility Filter Gallery Work until the Work is Substantially Complete 1 2) Final Acceptance After Substantial Completion, One Hundred Dollars ($100) for each calendar day or fraction thereof that expires after the thirty calendar day period for the Final Payment and Acceptance until (30) the Pollution Control Lab Work is ready for Final Payment and Acceptance e After Substantial Completion, One Hundred Dollars ($100) for each calendar day or fraction thereof that expires after the thirty (30) calendar day period for the Final Payment and Acceptance for the Water Treatment Facility Filter Gallery 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 The Price of your Agreement is ONE HUNDRED FORTY-SEVEN THOUSAND, EIGHT HUNDRED ONE DOLLARS, ($147,801 00), in accordance with Section 0020, attached and incorporated herein by this reference 1 9/12/01 Section 00520 Page 2 ICIII Ly�l n 0 U u A R H C !; d C 4i, 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, progress payments will be in the amount equal to the percentage indicated below, 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 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation Of ENGINEER, 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. 90% 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 for payment 5 1 2 Upon Substantial Completion payment will be made in an amount sufficient 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 9/12/01 Section 00520 Page 3 L� C 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. p 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, e 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 H CI H H H 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 9/12/01 Section 00520 Page 4 N 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 e 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 e 7.2.5 Application for Exemption Certificate 7.2 6Application for Payment Q 7 3 Drawings, consisting of a cover sheet and sheets numbered as follows N/A H R U I�1 l 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 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 9/12/01 Section 00520 Page 5 I n li n� J 1 OWNSeECTOR F FOR COLLINS By C AMELL II, CPPO, FNIGP OF PURCHASING K MANAGEMENT Date• / //27/0-2 IAttest: City Cl Address for giving note P 0. Box 580 Fort Collins, CO 80522 CONTRACTOR: Superior Roofing, Inc M Title — " uooroOy.Dmiq S"r+> ...;--,,.,,•: _ se Date: S C7w`,3 �Y"-`'• `,,.,• ', b (CORP SEAL) s B Ax FFCItETARYITRRAS @tL; Add & W66MdoitllVVes • 14700 E. 39th Avenue'.cGG Phone 303-375-0300 Fax 303 375 =t LICENSE NO Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work 6071 Utilities Roof Replacement 2007 To Superior Roofing, Inc This notice is to advise you That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER That the OWNER has approved the said Contract Documents Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement Dated this day of , 20_ The dates for Substantial Completion and Final Acceptance shall be and , 20, respectively. City of Fort Collins OWNER By Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20_ CONTRACTOR- Superior Roofing, Inc By Title 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No 08864124 KNOW ALL MEN BY THESE PRESE14TS that (Firm) Superior Roofing, Inc. (Address) 14700 E. 39th Avenue, Aurora, CO 80011 (AFix3ERi XXXH JM$$), (Hxxmxxxnxxhxp), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Fidelity and Deposit Company of Maryland (Address) 1400 American Lane, Tower I, 19th Floor, Schaumburg, IL 60196 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Forr_ Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of One Hundred Forty Seven Thousand * 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 2gth day of October 20 07, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6071 Utilities Roof Replacement 200i 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 anv 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 ma} incur in making good any default then this obligation shall be void, otherwise to remain in full force and effect * Eight Hundred One and No/100--------- 7/96 ($147,801.00) Section 00610 Page 1 Lea J 1 PROVIDED, FURTHER, that the said Surer✓, 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, ano it does hereby waive notice of any such change, extension of time, alteiat--on 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 w:IN_tWITNESS' WHEREOF, this instrument is executed in three (3) counterparts, each'-orie�of which shall be deemed an original, this8thday of November r} E *,O PRESENCE%OF Principal -Attest: Supe or Roofr nc. i :.. r A7[.j[ Is12UCli LF. „ a'A uyPl'R F.ASURER / LtitD LhA L4700 E. 39t"h—Avenue Aurora, CO 80011 (Address) (Corporate Seal) IN PRESENCE OF Other Partners LJ I I n IN PRESENCE OF Witness: By: Mona D. Weaver By By Surety F1 ity nt Depos(L-- Compaan�y/of Mary(l-and, /Bv Sheila J. Mop o a -Attorney —In —Fact Address) 1400 American Lane, Tower I, 19th- 11oq Schaumburg, IL 60196 YJ . NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. (Surety Seal) 1 7/96 Section 00610 Page 2 LOCKTON• LmToN COMPANIES OF COLORADO, INL St 10 Last Union Avenue / Suite 700 / Denver, CO 80237,2984 a(303)414-6000/FAX (303)865-6000 10/11/2007 15.07 9702216707 CITY FTC PURCHASING PAGE 01/02 (ten z mz Jf ri o- 1 ` a f 9: z n v m � w 2 ® Cl} F m f�11 N vwi -w-4 v 0 m X � W o �j cn 0 0 n .o 3 r? O cmamm �aWvy rym �py0Z C C -n m m �; m q°.M r a u o m my 3 pua NVO O 0 fJ SECTION 00615 PAYMENT BOND Bond No 08864124 KNOW DLL MEN BY THESE PRESENTS that (Firm) Superior Roofing, Inc. (Address) 14700 E. 39th Avenue, Aurora, CO 80011 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" ana (Firm) Fidelity and Deposit Company of Maryland (Address) 1400 American Lane, Tower I, 19th Floor, Schaumburg, IL 60196 hereinafter referred to as "the Surety", are held and firmly bound unto the Citv of Fort Collins, 300 Laporte Ave , Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of One Hundred Forty Seven Thousand Eight Hundred* in lawful money of the United States, for the pa,,ment 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 013LIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 2.95h_ day of Ortohpr 20 07, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6071 Utilities Roof Replacement 2007 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 * One and No/100--------------($147,801.00) C I `1 1 7/96 Section 00615 Page 1 �I r1 1 PROVIDED, FURTHER, that the sad Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the teams 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 +•aive notice of ant such change, extension of time, alteration or addition to the teams 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 nusiness in the State of Colorado and be acceptable to the OWNER ,.L L`i'-WTTNESS WHEREOF, this instrument is executed in three (3) counterparts, .• ,each, oneiofl-,which shay_ be deemed an original, this 8th day of November I y�PRESENCE9 OF Print' 1 _Su e I ofing, Inc. o-F--R A • . `+cam / By .ttest'• I � �1: • ,N7AX' F1:\NN llC E t,l'', liY .�vpr{iRASUKLK ay�n�tti'I (Title) 14700 E. 39th Avenue, Aurora, CO 80011 (Address) (Corporate Seal) IN PRESENCE OF Other Partners IN PRESENCE OF Surety F delity. and Deposit Company of Maryland Witness: By, Sheila J. Montoya, Attorney=I' act Mona T. Weaver (Address) 1400 Ar,erican, Lane ,,,Tower I,j 1:9th -Floor (Surety Seal) Schaumburg, IL 60196C� "p"i �L�`, �: NOTE- Date of Bond must not be prior to date of Agreement- rsul`�• � , If CONTRACTOR is Partnership, all partners should execute Bond. `"0116„,,.�,;b�^tj` ' 0 7/96 Section 00615 Page 2 aLOXFON' LocKTON COMPANILb OP COLORADO, INC SI10East Union Avenue /Suite700/Denver, CO80237-2984 (303)414-6000/FAX (303)865-6000 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior a Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." e1 :a�:?tuylN_vr= I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLANI> at a meeting duly called and held on the loth day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "Thar the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attomey issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the this 8th day of November 2007 "�B`KjC dSSistnn(Secl'e[ary r, L Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY L KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the C COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S �aryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, As stet t � eQ ursuance of authority granted by Article VI, Section 2, of the By -Laws of said Companies, �1� p n th`�e��`�'"' side hereof and are hereby certified to be in full force and effect on the date here o m] I, PPoint Shelley CZAJKOWSKI, Celeste T. HELMS, Mona D. Katalin CHURCH, Sheila J MONTOYA and Charles M. MCDA q 11 °' rtCpgr Its true and ]awful agent and Attorney -in - Fact, to make, execute, seal d �Qr o s- jt, re and as its act and deed: any and all bonds and r undertakings, and t�`` n Pny n t�r rags m pursuance of these presents, shall be as binding upon said L Companies, as fully�lid-a n� urrposes, as if they had been duly executed and acknowledged by the regularly elected off R�Cd+tits office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued o 2 of William M. O'CONNELL, JR., Shelley CZAJKOWSKI, Celeste T. HELMS, Mona D. r' WEAVER, Amy WICKETT, Anuj JAIN, Katalin CHURCH, Sheila J MONTOYA, dated December 6, 2006. L. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. !-' IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and L, affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 2nd day of November, A.D. 2007. r— L ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY i 00W ) � By: Gregory E. Murray Assistant Secretary Theodore G. Martinez r State of Maryland 1 . f SS. L City of Baltimore On this 2nd day of November, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly j� commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant L Secretary_ofrtlie "FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN .o,CASUAUTYql)'SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed, the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally,- -and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals =-°ria�fiRedcto-frie preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their 0 7.s giiatu c as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said c+ i o COLpOCnt10115 TTS1rMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above u oOi r�mr.Hf u '- Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 r— POA-F 020-5028 r SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance 1 1 7/96 Section 00630 Page 1- Kerianne Carter-*ChrlsLine Jarvis 2/2 el loonn 4' 11/19/2007 16 59 Van Gilder Insurance Corp iClient# 20188 i� AGORD, CERTIFICATE OF LIABILITY INSURANCE MIDD/YY, 1/191 11119/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Carp 700 Broadway,Suite 1000 ONLY HOLDER ALTER AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE POLICIES BELOW Denver, CO 80203 303 837-8500 INSURERS AFFORDING COVERAGE INSURED Superior Roofing, Inc 14700 East 39th Avenue Aurora, CO 80011 INSURER Continental Casualty Company (CNA) INSURER B INSURER INSURER D INSURER E 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NSR rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVEOLICY DATE NIDONY EXPIRATION DATE M K)OtYY LIMITS A GENERALLIABILITY X COMMEROIALGENERAL LIABILITY CLAIMS MADE OCCUR 2071247507 05/01/07 05/01/08 EACH OCCURRENCE $1 000 000 FIRE DAMAGE (Any ooe fire) $300000 MED EXP(My one person) $10000 PERSONAL B ADV INJURY $1000000 GENERAL AGGREGATE s2,000,000 GEN LAGGREGATE LIMITAPPLIES PER POLICY X jR0 LOC ECTA PRODUCTS COMPiOPAGG $2000000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 2071247510 05/01/07 ) 05/01/08 COMBINED SINGLE LIMIT (Ea aoaderU $1,000,QOO X BODILY INJURY (pM Pp..ni $ 1 X BODILY INJURY (Peracadenl) $ X PROPERTY DAMAGE (ParecadaN) $ GARAGE UAEUUTY ANY AUTO AUTOONLY EAACCIDENT $ OTHERTHAN EAACC AUTO ONLY AGG $ $ A EXCESS LIABILITY X OCCUR 171 CLAIMS MADE DEDUCTIBLE X RETENTION $10000 2082606326 05/01/07 05/01/08 EACH OCCURRENCE $5 000.000 AGGREGATE s5,000,000 E $ $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY 2071247524 05/01/07 Qj101/08 OTH )( WC STATUCRY I WITS HY E L EACH ACCIDENT E1,000,000 E L DISEASE EA EMPLOYEE $1,000,000 E L DISEASE POLICY LIMIT $1,000 000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSN EHICLESIEXCLUSICNS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELS AND REPLACES CERT #492970 DATED 11105107 RE Ft Collins Utilities As required by written contract or written agreement, the City of Ft Collins is included as Additional Insured for ongoing operations under General Liability GCK I IFIGA I C MULUCK I I ADDITIONALNSURED INSURERLETTER GANChLLA I IUN SHOULD ANYOF THE PROVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Ft. Collins, Purchasing DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_DAVS WRITTEN PC`BOX 580 NOTICETOTHE CERTIFICATE HOWERNMAEO TOTHELEFT, BUTFALURE TODO SOSHALL Fort C011lns, CO 80522 IMPOSE NO OBLIGATION ORLIABILITY OF ANYIOND UPON THE INSURER,ITSAG ENT, OR 1 Of 1Mr1A7RR/Mde9e7n KXr SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO. CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE 6071 Utilities Roof Replacement 2007 PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colorado INCLUDE OWNER City of Fort Collins CONTRACTOR- Superior Roofing, Inc. CONTRACT DATE _29TH day of October, 2007 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 By. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12 01 a m , on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below CITY OF FORT COLLINS, COLORADO By OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: tr Section 00635 Page 1 L�J SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO Superior Roofing, Inc Gentlemen You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 6071 Utilities Roof Replacement 2007 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 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date Sincerely, OWNER City of Fort Collins By - Title: ATTEST. Title. 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO City of Fort Collins, Colorado (OWNER) FROM Superior Roofing, Inc (CONTRACTOR) PROJECT 6071 Utilities Roof Replacement 2007 1 The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S C A 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3 The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project 4 The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the 9 = Section 00650 Page 1 ui 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 ATTEST: Secretary STATE OF COLORADO day of CONTRACTOR, Superior Roofing, Inc By. Title ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20,, by Witness my hand and official seal My Commission Expires Notary Public 7/96 day of 20_ Section 00650 Page 2 N m N m w T a a ATTENDANCE RECORD PREBID CONFERENCE Project: 6071 Utilities Roof Replacement 2007 Time: 10:00 amDate: October 11, 2007 Location: 3036 Environmental Drive Fort Collins. CO PRINT PRINT PLDDRESS TELEPHONE FAX# E-MAIL ADDRESS NAME FIRM NAME A 422,o L'J,, L� �G a=11�, �-�S �0iGf20u1-iC�,G�tk !i'i yv �UGi D9Y� rtJL�O6�ltlG�WR`xlfl�y'11�13 J �d�-2If� 37h� 3-y8G $2#i IYIG L, fvskipT-0�uso-,Ca Lo So 2_2 �T 1�;EAD cT l as 1 W. l3i� Av-- co 3+3-Zo=-69 M 3`3 -5 73- 381`j CBIY`e �S'�M Cal,vthdO. EOM PHfttY. �en+ye/, S'o2AY J %o �P/- i'Cr{�TK�'S 60V'�� J l7 6,c,,�A p ( 97a- 51o7-Ica? �170- ZZ!-ZzL� T-* T �.Ob�a.f /TOl 7"& P�� Ca// f ��25 � I c,J f0i 1 1 —,4.. $'17 '303-�{U4-t391 1 �d��fef 2 jai,,C�� e r 9roo f1� 303 i iy �GOl-O 7� e2;� I — f-E 8,0.7c 5 0 3 — 30 3— v �J + oo C0 � NA C JAG C " 2 V -7 - 3 ac-tl eL 5 7 - 93a( V 6 4c k u, c<. -iti. d ter CI[ 0 aw rip cac,, Y-.JT - = 1z; W:' tee: , o- - - 14 o-sue 'I SE, ":!!I .ter• Imo= ::: Ic •- SECTION 00660 CONSENT OF SURETY TO City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR Superior Roofing, Inc PROJECT. 6071 Utilities Roof Replacement 2007 CONTRACT DATE: f 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 (Surety Company) 09 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFII OR 0172 (12f30) C COLORADO DEPARTMENT Of REVENUE V DEN DENv6R COao2a, 232 24 19 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuantto Statute Section 39-26114(1 xa)(XIX) DO NOT WRITE IN TOM RPAnP 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 tot tie purchase or rental of equipment supplies and matenalswhx:h are purchased rented Or consumed by the coat actor and which do not become pan of the structure highway road street or other pub he works Owned and used by the exempt organization Any unauthorized use of the exemption certificate will result in revocat ion 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 ofthe subcontractors (Seereverseslde) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED strata - aoMx o to be asvgiadby 9 8- gad 01700 $0 0 -75999 � ) v` q IRpf ) 71I 1 Cl7NTRAC1012aINF(7 MATION+e , ' ((€; R i lOS k"IIVp L x k€,b N,,, �= w s u�a'pa n' Ta A iN TSB s gec n ,. , Ir,,.��,wa6'r•.iro���4"?''R+fari.'tl� aA raaname er'OFF, or cemnmaname Mailing address (City State Ip) CoContact Person Mail address a anal poyers entheater, um a Bad amount or your mnlrac um er 9unneas lelepMne comber ora can o eg ixawoun number EXEMPn,r 1a1thlRCOplesyof contract or,agreement pagesr(1) Identtfyingltke'contrasting partles;r TION=,IINF„ORMATIONC ;,;li�a;(2)coritelnln_glsignatures,bfco_ntractl gipzrtiesmust6e'attached_ y 2'i Nameof exempt orgsn¢aeorr as shown on comr sent amp orgarizaeons number 98 Address of exempt orgaDlzaOon(City State p) PFinclical contattat exempt organaa ion In ipal contacts telephone number Physical locanono prolee si a glue actual address w1ren applicarie and ooes and/or County Tes)where project is locate sGgduled M..h Jay ear gstin,aree cot ay ear Cmsimclion sail data wmpeeon date raf,."Sr€r rsF.'i '"t rr �tis,trr0,¢� ;'� -Jiie� "tr't��`"€1'fp;ztte a„F,aD !.t "I' o'rx "4�1. a�(�ii,nitr, is",s r�i ra t,s�u�ti:fsrni" rn� w�'��td,a'.d'+u6wtt �ir1�1 i.',.�,r„°c 7f��:',t',4H�@€3.'€iva.�t.ap��6t15�t6.krl�(!'w.�piRla nr�t;t�'°�� mr.0 in;ua'l� �q°I4 Wt hG,4 �vY' ZE,r�iM :ii�lvr I declare under penalty of perjury in the second degree that the statements made in this aonicabon are true and complele to the best of my knowledge Signakireofoyaner partner or corporate o eer Tileo corpora officer Date DO NOT WRITE BELOW THIS LINE Section 00670 Page 1 eel k 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 contrac- tors will receive a Contractor's Exemption Certificate on exempt protects Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the protect 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 Copes 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 P i ft u Rd r H. .a, C 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- 123450001, every application submitted thereafter should contain 89-12345 on the application The succeed- ing 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 00670 Page 2 SECTION 00700 GENERAL CONDITIONS 1 l F all GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Q Ihesc GENERA] CONDITIONS hive been developed by using the SIANDARD GENERAL CONDITIONS OF IIIL CONSIRUC11ON CON I RAC I prepared by the Engmoers Joint Contract Documents Contmnteo 171CDC No 1910-8 (1990 Edition), as a base Changes to that dOLUnl,nt at, shown by underlining tivl that has ben added and striking through lc\t that has bean dclUed k!� s L C� E 1CDC GI-NLRAI, CONDI"I IONS 1910-8 (1990 1dD1 I ION) WI I I-1 CI I Y OF I�OR I COLLINS M0111I-ICATIONS (RF V 9/99) C C 0 u ik C F Article or Paragraph Pagc Article or Paragraph Page Numlx r & Title Number Number 3 Title Number 45 Asbestos PCRs Petroleum 625 Submittal Piouawlures,CON- 1 lazardous Waste or ] RAC]OR's Review Prior Radioactive Material 7-8 to Shop Drawing or Samplo Submittal 16 5 BONDS AND INSURANCE R 626 Shop Drawing 8c Sample Submit- 5 1-5 2 Performance, Paymtenl and Other talc Review by ENGINEER 16-17 Bonds 8 627 Responsibility for Variations 53 Licensed Sureties and Insurers, From Contract Documents 17 Certificates oflnsurance R 628 Related Work Performed Prior 5 4 CON] RACTOR's Liability to ENGINEER's Review and insurance 9 Approval of Rcquir,d 5 5 OWNEWs Liability Insurance 9 Submittals 17 5 6 Properly Insurance 9-10 629 Continuing the Work 17 5 7 Boiler and Machinery or Addt- 630 CONTRACTOR'S General tonal Property Insurance 10 Warranty and Guarantee 17 58 Notice of Cancellation Prmision !0 631-633 In&mnif1eatIQn 17-18 5 9 CONI RACI OR's Responsibility 634 Sun ival of Obligations 18 for Deductible Amounts 10 5 10 Other Special Insurance 10 7 0FfTLR WORK 18 5 11 Waiver of Rights I 1 7 1-7 3 Related Work at Site 18 5 12-5 13 Rueeipt and Application of 7 4 Coordination 18 Insurance Procwds 10-11 5 14 Acceptance of Bonds and Insu- 8 OWNER'S RESPONSIBIl ITIFS 18 ante Option to Replace 11 8 1 Communications to CON- 5 15 Partial Utibvnfion--Property TRACIOR 18 Insurance 11 8 2 Repla,ement of ENGINEER 18 8 3 Furnish Data andPay Promptly 6 CONTRACTOR'S RESPONSINILiI IES 11 When Dui, 18 6 1-6 2 Supervision and Superintendence 11 8 4 Lands and Easi,ments Reports 6 3-6 5 Labor, Materials and Equipment 11-12 and Tests 18-19 6 6 Progress Soheduk 12 8 5 Insurance 19 6 7 Substitutes and "Or -Equal" Items, 8 6 Change Orders 19 COATI RAC I OR's Expense 8 7 [nsPccuons, tests and Substitute Construction Approiilc 19 Methods or Proccdur,s 8 8 Stop Or Suspend Work, ENGINEER's Evaluation 12-13 lu mmatc CONrRACTOR's 6 8-6 11 Concinning Subwntrwois Services 19 SupPlicrs and Others, 8 9 1 imitations on OWNER'S Waiver of Rights 13-14 Responsibilmos 19 6 12 Patent Fees and Royaluos 14 8 10 Asbestos PCBs Petroleum 6 11 Permits 14 lla/ardous Waste or 6 14 1, iws and Regulations 14 Radloautive Material 19 615 laves 14-15 811 1'o Idonee of Pmancal 6 16 Use of Premisi,s I5 Arrangements 19 o 17 Sul Cleanl m,SN 15 6 IS Sat, Structural Loading 15 9 ENGINEER'S STATUS DURING o19 Record Documents Is CONS I RUCI ION 19 020 S2tety and Protection 15_16 9 1 MM,R's Representative 19 621 Sn[eh 12epresLn[ense 16 0 1Visits to Site 19 622 Flazard Commun¢ation Programs Ib 93 Prolwt Reprnsuuatiei 19-21 6 23 Lnmrgenliee to 9 4 Clarifications and Inlcrpre- 624 Shop Draw ings and Sampl,N 1b tatinns 21 9 5 Author]71d Vat Iations in kWk 21 LJCDC T,I NLRAI CONDI MINIS 1910 41199e I DI IIONI a/ CITI OF FORT COLLINS AIODIFICA ❑O\S (REV 9199) H TALI; OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Number &. Title 1 DEFINITIONS 11 Addenda I : Agreement 1 3 Application for Payment 1 4 Asbestos 1 5 Bid 16 Bidding Documents 1 7 Bidding Requirements 18 Bonds 1 9 Change Order t 10 Contract Documents 1 11 Contract Price 1 12 Contract T im es 113 CONTRACTOR 114 dzfechve 115 Drawings 1 to Fffective Data of the Agreement 117 FINK, INEFR ah 1 18 I-NGINFER's Consultant 1 19 Field Order 1 20 General Requirements 1 21 1 22 a Hazardous Waste I aws and Regulation%, Laws or Regulations 1 22 h I egnl Holidays 123 124 Liens Milestone 1 25 Notice of Award 126 Notico to Proceed 127 OWNER 1 28 Partial Utilization 129 PCBs 130 Petroleum 131 Project 1 32 a kndivactn, Material 1 32 b Regular Working Hours 133 Resident A o)ect Rcprescntative 1 34 Samples 1 35 Shop Drawings 136 Spccihciuons 1 37 Subcontra toi 1 38 Substantial Completion 139 Supplementary Condition,, 1 40 Supphdr 1 41 Undcrground Fatuities 1 42 Unit Prwt Work 143 Wor6 144 l\ of L Chang.. Directive 1 4i Written Amendment Pogo Article or Paragraph Number Number &Title 9 F 2 2 2 2 2 2 =-3 3 Page Number PREI INIINARY MATTFRS 3 2 1 Delivery of Bonds 3 22 Copies of Documents 3 23 Commencement of Contract Times, Notice to Proceed 3 24 Starting the Wort. 3 2 5-2 7 Betorc Starting Construction CONI RACTOR's Responsibility to Report Preliminary Schediles, Delivery of Certificates of Insurance 3-4 2 8 Preconslruction Conference 4 2 9 Initially Acceptable Schedule% 4 CONTRACT DOCUMENTS INTENT, AMENDING, REUSE 4 3 1-3 2 Intent 4 3 3 Reference to Standards and Speci- hcations of I ethnical Societies, Reporting and Pesoh mg Dis- crcpanucs 4-5 34 Intent of Certain Terms or Adlectivcs 5 3 5 Amending Contract Documents 5 36 supplementing Contract Documents 5 37 Reu%e of Docum eats 5 AVAILABILITY OF LANDS, SUBSURFACE AND PHYSICAL CONDITIONS REFFRENCD POINTS 5 4 1 Availability of LancLs 5-6 4 ^_ Subsurface and Physical Conditions 6 42 1 Reports and Drawings 6 42 2 Lim reed RJiance by CON I RAC - I OR Authorized I ethnical Data 6 423 Notiec of Ditfel mg Suhsurface or Physical Conditions 6 424 FNC INF I, R's Review 6 4 2 5 Possible Conn Set Documents Change 6 4 2 6 Possible Price and Times Adlusunwats 6-7 43 PhyM,al Conditions--Undcrground raw htra% 7 431 Shown or Indicated 7 4 3 ^_ Not Shown or Indicated 7 44 Reference Points 7 t XI)C OLNLICV CONDI I IONS I910 S (1990 LDI I IOM a/ CITY OF FORI COLLINS MODIFICATIONS (RFX 9199) 1w11 ki 9 L 0 L e { F u Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 96 Relecti rig Defective Work 21 13 8-13 9 Uneownng Wort, at FNGI- 9 7-9 9 Shop Drawings Change Orders NTLR's Request 27-28 and Payments 21 13 10 OWNER May Stop the Work 28 910 DetermillaliQia For Unit Prices 21-22 13 11 Correction or Removal of 9 11-9 12 Decisions on Disputes, ENGI- Defective Work 28 NEER as Initial Interpreter 22 13 12 Correction Penal 28 913 Limitations on ENGfNEER's 13 13 Acceptance ofDefective Work 28 Authority and Responsibilities 22-23 1314 OWNER May Correct Defective Work 28-29 CIIANGFS IN TI IE WORK 23 10 1 OWNER's Ordered Change 23 14 PAYMENTS 10 CONTRACT OR AND 102 Claim for Adjustment 23 COMPLE LION 29 103 Work Not Required by Continua 141 Schedule of Values 29 Documents 23 14 2 Application for Progress 104 Change Orders 23 Payment 29 105 Notification of Surety 23 143 CONTRACTOR's Warranty of Title 29 CHANGE OF CON I RACI PRICI' 23 14 4-14 7 Review of Applications for I 1-11 3 Contract Price, Claim for Progress Payments 29-30 Adjustment, Value of 14 8-14 9 Substantial Completion 30 the Work 23-24 14 10 Partial Utilization 30-31 114 Cost of the Work 24-25 1411 Final Inspection 31 115 hrelusrons to Cost of the Work 25 14 12 Final Application for Payment 31 11 6 CONTRACTOR's Fee 25 14 13-14 14 Final Payinent and Acceptance 31 117 Cost Records 25-26 1415 Wnncr of Claims 31-32 11 8 Cash Allowances 26 11 9 Unit Price Work 26 15 SUSPhNSION OF WORK AND TFRMINATION 32 CHANGE OF CONIRACI TIMES 26 15 I OWNER May Suspend Work 32 12 1 Claim for Adjustment 26 19 2-ts 4 OWNER May Terminate 32 122 I line o[ the Essence 26 15 5 CONTRACTOR I\lay Stop 12 3 Delays Beyond CON rRACr012's Work or rernnmate 32-33 Control 26-27 124 Delays Beyond OWNFR's and 16 DISPUTE RFSOLUI ION 33 CONI RAC I OR's Control 27 17 MISCELLANEOUS 33 IFSI S AND iNSPFCI IONS (-ORRE( I ION, 171 (riving Notice 33 REMOVAL OR ACCF.PTANCF 01- 172 Computation of Timis 33 DI.-BCCTIFT WORK 27 171 Notice of Claim 33 13 1 Notice of Detects 27 174 Cumulative Remedies 33 112 Access to the Work '7 17 5 Professional bens and Court 13 3 I ests and Inspections, Costs Included 33 CON I R AC I OF's Caopeinnon 27 176 Apphcablo St ue Laws 11-34 13 4 OWNER's Responsibilities lntcntionally tell blank 35 Indepcndem Iesung Laboratory 27 13 5 CONTRACTOR's ECHIBIT UC-A (Optional) 12esponsibi lilies 27 Dispute Resolution Agieenlcnt W -AI 131 6-13 7 Covering Work Prior to InspeL- 16 1-166 Arbitration (,(,-AI tion, I esting or Approval 27 167 Mediation (1(-Al L1CDC 01 NLIIdL CONDI I IONS 1910 S d 990 LDI I ION) a/ CITY OF FOR f COI I INS MODIFICATIONS (REV 9199) 9 III I I CI w I N M A 10 M U INDEX TO GENERAL, CONDITIONS City of Port Collins modnccattons 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 1041, 135 1313 final payment 9 12, 14 15 insurance 5 14 other Wort., by CONTRACTOR 73 Substitutes and "Or -Equal" Items 67 1 Work by OWNER 25, 630 634 Access to the -- Lands OWNER and CON TRACTOR responsibrhties 41 site related Work 72 Work, 132 13 14 14 9 Acts or Omissions-- Acts and Omissions -- CONTRACTOR 691,9133 FNGINLLR 620, 9 133 OWNER 020, 89 Addenda--Jetmnton of (also see definition of Specifications) (1 6 1 10, b 19), 1 1 Additional Properly Insurances 57 Adjustments— Contract Price or Contract Times 15,35,41 432,452, 453,94,95, 102-104, 11, 12 Id 8 151 progress schedule 66 Agreeni enl-- defmition of 1 2 "All -Risk" Insurance, policy torn 5 6 I - Allowances, Cash 11 8 AT ending Contract DoCUmerits 35 Amendment Written -- in general 110 1 45, 3 5, 5 10 5 12, b 6 ^_ 682'019 101 104 112 121 13122 1472 Appeal O WNLR or CONI RAC 1 OR intent to 9 10, 9 11 1 n 4, 16 2, 16 5 Appin,ation for Payment -- definition of 14 p N61N6FR's Responsibility 99 final payment 9 13 4 9 13 5, 14 12-14 15 in general 28 29, 5 o41)10155 progress payment 14 1-I4 7 r'iew of t4 4-14 7 Arbitration 16 1-16 6 Asbestos- claims pursuant Chet eto 4 5 2 4 S 3 CONTRACTOR author ized to stop Work 4 5 2 definition of 1 4 Article of Paragraph Fount her OWNER responsibility for 4 S 1, 8 10 possible prroe and times change 4 52 Authorized Variations in Work 3 6, 6 25, 6 27, 9 5 Availability of Lands 4 1, 8 4 Award, Notice of --defined 125 Before Starting Construction 2 5 2 8 Bid --definition of t 5 (1 1 1 10, 2 3, 3 3, 4264 613 1143 1191) Bidding Documents --definition of 1 6 (6 8 2) Bidding Requuemcnts-definition of 1 7 (1 1, 42 6 2) Bonds -- acceptance of 5 14 addnronil binds 10 5, 11 4 5 9 Cost of the Work 11 5 4 definition of 1 8 delivery of 2 1 5 1 final Application for Payment 14 12-14 14 general 110,51-53 513 913 1D5,1476 Performance Payment and Othet 5 1-5 2 Bonds and Insurance --in general 5 Builder's risk "all-risk" policy forni s 62 Cam,ellation Provisions, Insurance 5 4 11 5 8 5 15 Cash Allowances 11 8 Crrnfcale of Substantial Complchon 1 38 63u 23, 148 14 10 Certificates of Inspection 9 114 13 5, 14 12 Certificates of Insurance 2 7, 5 3 5 4 11 5 4 13 565 58 514 9134 1412 Change in Contract Pra,c-- Cash Allowances 11 8 llainl for price adjustment 4 1, 42 6, 4 5, 5 15 6 8 2, 9 4 95911 102, 10S II^ - 139 1313 1314 147, 15 I, 155 CUA1 I RACI OIL's fee Cost of the Woik geneisl Exclusions to Cost Accords in genrral 119 I ump }tun Pncng Noutic9non of Surety Swope of I cating and Inspection Uncovering the Worl, on 11 4-11 7 115 ll7 144911 11i421043 Il 11 3_ IUS It 3-104 139 L JCUC,A VLK V, CONDIAVNS 1910 s (1990ED ❑ON) o/ CITY Ot i0RI COLI INS MCDILLCA ❑ONS (RLV 9 99) 71 N Unit Price Work 119 CONTRAC MR's Fee 116 Article or Paragraph m Article or Paragraph Number Nuniber Value of Work 11 3 CONTRAC I OR'% liability 5 4 6 12 6 16, 6 31 Change in Contract I uses-- Cost of the Work 11 4, 11 5 Claim for times adjustment 4 1 4 2 6 4 5 5 15, Decisions on Disputes 9 11,9 12 6 8 2, 9 4 9 5, 9 11 10 2, 10 5, 121 Dispute Resolution 161 13 9 13 13, 13 14, 14 7, 15 1, 155 Dispute Resolution AgrcLment 16 1-16 6 a Contractual time hm its Delays beyond CON I RACI OR's 122 ENGINEER as Initial mterpretor Lump Sum Pricing 911 11 3 2 control 123 Notice of 17 3 Delays twyond OWNER's and OWNTER's 9 4 9 5 9 It 10 2, 11 2 11 9 CON I RACI OR's control 124 12 1 13 9 13 13 13 14 173 Notification of surety 105 OWNER's liability 55 Scope of change 10 3-10 4 OWNER may refuse to stake payment 147 Change Orders-. Professional FCLS and Court Costs Acceptance of'Defecnve Work 13 13 included 175 Amending Contract Documents 35 request for formal decision on 9 11 Cash Allowances 11 8 Substitute Items 67 12 Change of Contract Price I I ime h\tensron 12 1 Change of Contract Times 12 Timo rcgmremcnts 911 12 1 Changes in the Work 10 Unit Price Work 11 9 3 CONTRACTOR's lee 11 6 Valuo of 11 3 Cost of the Work 11 4-11 7 Waner of --on Final Payment 14 14, 14 15 Cost Records 117 Work Change DlrcLUNC 102 didimtion of 1 9 written notice required 9 11 11 2 12 1 emergencies 4 23 Clarifications and Interpretations 3 6 3 9 4, 9 11 LNGINLER's responsibility 98 104 11 2, 121 Clean Slte 617 ceecuhonof 104 Codes of l echrical Society Organization Ind,mmfiction 612,616, 631-633 or Association 333 1 Insurance, Bonds and 5 10, 5 13, 10 5 COinMLnComenl of Contract Tames 23 OWNER may terminate 15 2-15 4 Communications-- OWNFR'sResponsibiht} 8o 104 general 62,69'_ 81 Physical Conditions-- Hazard Communication Programs 622 e Subsurface and, 42 Completion -- Underground Facilities-- 432 Final Application for Payment 14 12 Record Dacuni ents 6 19 Final Inspection 14 11 ,)Cope of Change 103-104 Final Paytnent and Acceptance 1413-1414 Sulxtitutes 6 7 3 68 2 Partial Utilization 14 10 Unit Price Work 11 9 Substantial Completion 1 38 14 8-14 9 value of Work, cosered h} 11 3 Waiver of Clmnis 14 15 Chang,, in the Work 10 Computation of I miss 17 2 1-17 2 2 Notification of surety 105 Concerning Sulxontractors, Supphcrs OW+NF R, and CONI RAC I OR's and Others 6 8-6 11 responsibilities too Conferonees-- Right to an adjustment 10, morally acLLplablo s,hcdulL% 19 Scope of change 10 3-10 4 preconstruction ^_ 8 Claims-- Cnnftict, prior, lalhigumty, U1sL1Cp9oLy-- sgamst CON I RAC I OR 6 16 CON I RAC I OR to Report 25 3 3 2 against LN(ANEER 6 32 Construction, befoie starting by against OWNER 63' CONIRACIOR 25--27 Ch mge of Coruracl Price 9 4, 11 '_ Construction Machmer} Fgwpm Lni roc 64 Chang, of Cmu.n.1 Tortes 94 12 1 Continuing the Work 629 10 4 CONTRACI OR's 4, 7 1 9 4 9 5 9 11 Ill 2 Contract Documents-- 11 2 11 9, 12 1 13 9 14 8 Anl,nding 3 5 15 I IS 5 173 Bonds S I LJCDCOLNLR,A COV D,.'S1910 S09901,UI110Ni ail CI 1 Y OF FOR I C OLt INS VCIDIFICA IArNs IRI V 9,99J CI 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 e 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 00430 Statements of Bidders Qualifications Schedule of Major Subcontractors 00420-1 - 00420-3 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 00660 Lien Waiver Release(Contractor) Consent of Surety 00650-1 - 00650-2 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 aCONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 a Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS I s H d H f Cash Allowances 11 8 Stop Work requirements 4 5 2 CONTRACTOR's— Article or firagraph N inbei Article or Paragraph Number Change of Contract Price I Change of Contract Purses 12 Compensation 11 1-11 2 Changes in the Work 10 4-10 5 Continuing Obtigat ion 14 15 check and ienfy 25 Defective Work 96, 131U-1314 Clarifications and Duty to correct defee rn e Work 1311 Interpretations 3 2, 3 6, 9 4, 9 11 Duty to Report -- definition of 1 10 Changes in the Work caused by FNGINP ER as initial mterpi eter of 9 11 Emergency 623 ENGINEER as OWNER's representative 91 Detects in Work of Others 73 general3 Differing condition* 4 2 3 Insurance 5 3 Disi,repancy in Documents 2 5, 3 3 2, 6 14 2 Intent 3 1-3 4 Underground Facilities not indicated 432 minor variations in the Work 36 Finergencies 623 OWNER's responsibility to Furnish data 83 Equipment and Machim,ry Rental, Cast responsibility to make of the Work 11 4 53 QOWNER'9 ' prompt payment 8 3, 14 4, 14 13 Fee --Cost Plus 11 4 5 6 11 5 1, 11 6 prei,edence 3 1, 3 3 3 General Warranty and Gumantee 6 3u Record Documents 619 Hazard Communication Programs 622 Rcicrence to btandards and Sptuficanons Indtmmlication 6 12 6 16 631-633 of Technical SaelelieS 3 3 Inspection of the Work 73, 13 4 Related Work 72 Labor, Materials and Equipment 6 3-6 5 Reporting and Resolving Discrepancies 25, 33 Laws and Regulations, Comphanec by 6 14 1 Reuse of 37 Liability Insurance 5 4 Supplem voting 36 Notice of Intent to Appeal 10, 104 rermmation of ENGINEER's Employment 82 obligation to perform and complete Unit Puce Work 11 9 the Woik 6 30 variations 36 623,627 Patent Fees and Royalties, paid for by 612 Visits to Slto, ENGINEER's 92 Per tormance and Other Bonds 5 1 Contract Price-- Permits, obtained and paid For by 6 13 adjushn eflt of 3 s, 4 1 9 4, 103 11'-1 1 3 Progress Schedule 2 6, 2 8, 2 9, 6 6, Change of 11 6 29, In 4 15 2 1 Decision on Disputes 9 11 Request for formal decisionon disputes 911 definition of 111 ResponsibiLnds— Contract 1 unes-- Changes in the Work 10 1 adjustment of 3 i 4 1 94 In 3, 12 Continning Subcontractors Suppliers Change of 12 1-I' 4 and Others 6 8-6 11 Conun enceim cut of 23 Continuing the Work 629,104 definition of 112 CONTRAC POR's expense 671 Cr )NTRAC I OR— CON I RAG f OR's General Warranty Aeeepmnee of Insurann, 5 14 and Guarantee 6 30 ConimumcauonS b2 6 9 ' CON I RAC I Oft's re% wit prior to ')hop Contmue Work 629 104 Drmking or Sample submittal 625 eoordmation and scheduling 6 9 2 Coordination of \\ ork 6 9' detmrtion of 1 13 Fmergellelcs b'3 1 ironed 12el lance on feehnmal I NGINTBR's evaluation iubsntutes Data Authorved 4 2 2 of "Ot-Lqua1" hems 6 7 3 Ivfav Stop Work or I erm mate Is 9 For Aets and Omissions provide site access to others 72 13 2 of Others 6 9 1-6 9_ 9 13 Sahty and Roiecuon 43 12 6 to 6 18 for deducible amounts msuranee 59 b_1-623 7' 13- general 6 72 73 89 Shop Draping and Sam Ply RLVWIi Hazardous Communication Progmnis 622 Prior to 5u1bmittal 625 Indemnification 631-613 ,m ElCD U sILRALCONDIHONS 1910809901-DITIONi w/ CM OI rOR I COLT INS MODIi ICA ❑ONS IREV 919 /i ® H H H mF 14 r Fit H H v�ll t".J Labor, Materials and Equipment 6 3-6 S CONTRACTORS --other 7 1 aws and Regulations 6 14 Contractual Liability Insurance 54 10 I lability Insurance S4 Contractual IlmeLimits 122 Article or Paragraph \rti le or Paragraph Number Number Notice of variation from Contract Coordination-- Documcnts 627 CONTRACTOR's responubdny 692 Patent Fees and Royalties 6 12 Copies of Documents 22 Perm its 613 Correction Period 1312 Progress Schedule 66 Correction, Removal or Acceptance Record Documents 6 19 of Defective Work-- relatcd Work performed prior to In general I 4 1 13 10-13 14 ENGINEER's approval of required Acceptance ofDe(ectne Work 13 13 submittals 628 Correction cir Removal of sate structural loading 6 19 Defective Work 630, 13 11 Safety and Protection 620 72, 132 Correction Period 13 12 Safety Representatii e 621 OW,\JER May Correct Defeetri e Wort. 1314 Scheduling the Wort. 692 OWNER May Stop Work 13 10 Shop Drawings and Samples 624 Cost -- Shop Drawings and Samples Review of I ests and Inspections 13 4 by ENGNFER 6 26 Records 11 7 Site Cleanliness 6 17 Cost of the Work — Submittal Prol,eclur,s 625 Bonds and insurance, additional 114 59 Substitute Construction Methods Cash Discounts 11 4 2 and Procedui es 6 7 2 CONTRACTOR's Fee 1 1 6 Substitutes and "Or-Fqual" Items 67 1 Fntployee Expenses 11 4 5 1 Superintendence 62 Lsclusions to 115 Supervision 6 1 General 11 4-11 5 Survn al of Obligations 6 34 home otlioe and overhead expenses 11 5 Taxes 6 IS Losses and damages 114 56 Tests and Inspeeuons 13 5 Materials and equipment 11 42 To Report 25 Minor expenses 11 4 5 8 Use of Premises 6 10-o I8, o 3n 2 4 Payroll costs on changes 11 4 1 Rev iew Prior to Shop Di awing or performed by Sutx,ontiactors 11 43 Sample Submittal 625 Recur cis I 1 7 Right to adjustment for changes in the Work 102 Rentals of construction eyuipmr,ni right to efarm 4 7 1 9 4 9 5 9 11, 10 2 11 2 and machmery 114 53 11 9 12 1 13 9 14 8 15 1, 15 5, 173 Royalty payments, pernnts and Satoiy and Protection 6 20-6 2^_ 72, 13 2 Range fees 11 4 5 5 Sateiy Representative 621 Site office and temponip laUhlioS I1 4 5 ^_ Shop Drawngsand SempleS Submittals 624-628 Special Consultants, CONTTRACTOR's 1144 Special Consultants 1144 Supplemental 11 4 S Substitute Construction Methals and Procedutes 6 7 1 axes relatcel to the Woi k 11 4 54 Suhslimtos and "01-L'yua" Monts I gists and Inspection 134 Expense 67 1 67 2 1 racle Discounts 11 4 2 Subcontractors Supph.rs and Others 6 8-6 11 IJtihtics fuel and saran Iry lar,ihucs 11 4 5 7 Super ision and Supinntondenee 6 1 62, 621 Work after regular hours 11 4 1 IaSes I'm mentby 615 Cmcl lug Work 13o-137 Use of PIe1111SCS 616-611 c.uniulatli a Remedies 174-17 We[ Int ILs and gumlirueoS 65,630 t-utting, titlingand patching 72 Warranty of 7 ide 1-13 Data to be furnished by OWNER 83 WI nlin Notice Reyrured-- Day --de nmtion of 17 2 "' CONIR,\CIOR stop Work or ternimalc 15 5 Decisions on DupulcS 9 11 9 12 RLporis of Ddlcring Suhsut lace efejev live--clefimt ion of 1 14 mid Phyvcq1 Conditions 4 2 3 de(ecnie Mork-- Slxs ULmtidl (_om plctien 14 8 e AecepLincI 104 1 13 11 Nil rfCDO OLNI1(, , CUVDI I IONS 1910 611990 LDI IJuW ./ Cl IY OF FORT e 01 LINS i10DIFICA 110s , (REV 9199) Corrwtion or Removal of Correction Period in general 104 1, 13 11 OWNER's Represcnlative 13 12 Payments to the CONTRACTOR 13, 14 7, 14 11 Responsibility for Recommendation Of Payment Article or Paragraph Number Observation by ENGINEER 92 OWNER May Stop Work 13 10 Prompt Notice of Defects 13 1 Rejecting 96 Uncovering the Work 138 Definitions 1 Delays 4 1 6 29 12 3-12 4 Delivery of Bonds 2 1 Delivery of certificates of msuranee 27 Determ orations for Unit Prices 910 Diftumg Subsurface or Physical Conditions -- Notice of 4 23 FNGRR'-ER's Rcviett 424 Possible Conn act Documents Change 4 25 Possible Price and I rotes Adjustments 426 Discrepancies -Reporting and Resolving 25, 3 3 2 6 142 Dispute Resolution — Agreement 16 1-16 6 Arbitration 16 1-16 5 gencrallb Mediation 166 Dispute Resolution Agreement 161-166 Disputes, Decisions by ENGINEER 9 11-9 12 Documents-- Coples of 22 Record 6 19 Reuse of 37 Drawings --definition of 1 15 Lasements 4 1 Effscuse date of Agrncmuni --definition of 1 16 Em Lrgemacs o 23 ENGINEER -- as initial interpreter on disputes 9 11-9 12 dcfimtion of 1 17 Limitations on authority and responsibilities 9 13 Replacement ol, 8 2 Resid,nt Project Repiewrilatne 93 ENGINCI,R's Consultant — definition of 118 ENGINEER s-- authonq anti rtsponsibility, lunttations on 9 13 AulhoriAll Periations in the Work 95 Chmige Orders, respons+flity [or 97, 10, 11 12 Clantications and Interpretations 3 6 3, 9 4 Decisions on Disputes 9 11-9 12 defecbre Work, nonce 01 13 I Iseahrrnon Of)ubslnme ltoill5 673 Liability o 32, 9 12 NotieL Woik Is ALLLptablL 14 13 Obscrn anons 6 3D ^- 92 91 99 14 144 1413 Article or Pluagraph Number Responsibilities --Limitations on 9 11-9 13 Review of Reports on Ddfcnng Subsurface. and Physical Conditions 4 2 4 Shop Drawings and Samples review responsibility 626 Stains During Construction -- authorized uarwtions in the Work 95 Clarifications and Interpretations 94 Decisions on Disputes 9 11-9 12 Determinations on Unit Price 9 to ENGINEER as Initial Interpreter 9 11-9 12 LNGINEFR's Responsibilities 9 1-9 12 1 imitations on I NGINFPR's Authority and Responsibilities 9 13 OWNER's RLpresdntative 91 Project ReprLscntatnL 93 RLjcctmg Defective Work 96 Shop Drawings, Change Orders and Payments 9 7-9 9 Visits to Site 92 Unit Price determinations 910 Visits to Site 92 Written consent required 72,9 1 Equlpm Lnt, Labor, Materials end 6 3-6 5 Equlpm Lnl rental Cost of tho Work 11 4 S 3 Equivah,nt MdtLTIdlS and Equipment 67 error or omissions o 33 Evidence of financial Arrangements 8 11 F\ploranons of physical conditions 42 1 Fee, CONTRACTOR'S --Costs Plus 11 6 Ftold Order — definition of 1 19 issued by CNGDNFER 36 1 95 Final Application toi Paynrenl 14 12 Final Inspection 14 II Final Pasment-- and ALceptauLe 14 13-14 14 Pnot to, for Lash allovnncm 11 8 General Prot/ isions 17 3-17 4 GUteral RLquircmeius-- dotinuion of 1 2U principal rcterariLes to 2 6 o 4, 6 o-6 7, 6 24 driving Notice 17 1 Guaiantce of Work --by CONTRA(, I OR 630 1412 Hazard Communication Programs 622 11 vardous \b c-- definition defuntion of 1 21 general 4 5 O\Wi ER's responsibility toi 8 16 L 1COC CENLR4L COLDI 1IONS 1910 8 (1990 LDI I ION) u/ 0 IY OF 1 ORT COLLNS NIODIFICA r1ONS (REV 9 90) L fly �J e I� x F�l CI n E �J fl Indemnification Initially Acceptable Schedules Inspection -- Certificates of I mal 6 12 6 16 6 31-6 33 Insurance 5 3 2 9 Prec,dence 3 1 33 3 Reteienoa to 3 3 1 9 13 4, 13 5, 14 12 Safety and Protection 6 20 13 2 14 11 Subcontractors, Supphers and Others 6 9-6 11 Article or Paragraph Article or Paragraph Num bcr Number Special, required byENGINEER 96 1 ests and Approv al 87, 13 3-13 4 Insurance -- Acceptance ot, by OWNER 5 14 Additional required by changes in the Work 11459 Before starting the Wort. 27 Bonds and --in general 5 Cancellation Provisions 5 8 Certificates of 2 7, 5 5 3, 5 4 11, 5 4 13, ,5 6 5, 5 8, 5 14, 9 13 4, 14 12 cone pleted opei ations 54 13 CONTRACT OR's 1 aabihty CONTRACTOR's objection to coverage Contractual Liability deduotibh, amounts, CONTR\CTOR's responsibility Final Application for Payment I iconsed Insurers Notice aquiremenls, material changes Option to Replace olhw spewal insurances OWNER as fiducmry for insureds OWNER's Liability OWNER's Responsibility Partial Utilization Piopert} Insurance Property Receipt and Application of Insurance Proceeds ' pPW81 Insurance Wriner of Rights Innmt of Contract Documents Interpretations and Clmdmations Investigations of physical conditions I abor Materals and L'quipntent Lands -- and I iseinents Avadabiht) of a Reports and 1 gists Laa s and Regulations -Laws or Rcgutations-- Bonds Changes in the \\ork Q (,onliact Ua,unients ( ONTRACTOR's Responsibihu,s Loue Lion Period defechre Work Cost of tho Work I,Ms dehrution of gencia16 14 [ndemm[ieati on 54 5 14 5410 59 14 12 53 56, 105 5 14 5 10 5 12-5 13 55 85 5 15 5 6-5 10 5 12-5 13 5 U) 5 11 3 1-3 4 361 Q4 4^_ 6 3-6 5 S4 41 S4 34 I_s2 104 31 6 14 13 12 11454 1 22 6 31.6 33 Tests and Inspections Use of Premises Visits to Sne Liability Insurance -- CON 1 RACI OR's OWNERS Licensed Suietios and Insurers Liens -- Application for Progress Payment CONTRACTOR's Warranty of Title bural Application for Pa3aient definition of Waiver of Claim Limitations on ENGINEER's authority and responsibilities LiniALd Rclianu, by CONTRACTOR Authorized Maintenance and Operating Manuals -- Final Application for Payment Manuals (of others) -- Precedence Refen,noe to in Contract DocuntenLs Materials and equipment — furnished by CON't FACTOR not incorporatul in Wort. Materials or equipm ent--equip a lent Mediation (Optional) Milestones --definition of Miscellaneous -- Computation of f imas Cumulative Remedies Giving Notice Notice of ('faun Professional Fees and Court Costs Included Multi -prime contracts Not Showi or Indicated Notue ok- Aeceptabihq of Prolecl Award definition of (.loran Dafects, 13 1 Differing Subsurface or Physical Conditions UIvuig I ests and inspections Variation Shop Dnnung and Sample Notice to Proceed— dcfinition n1 giving of 135 616 92 54 55 53 142 143 14 12 1 23 1415 9 13 422 14 12 3 33 1 ,331 63 142 67 lo7 1 ^_4 172 174 171 173 175 7 432 1413 1 25 173 423 17 1 133 o 27 1 26 23 11( Dll OLNLK,1 CONDI I IONS I`no H (199e 1 DI IION) ,/ CITY OF FOR[ COI I INs MODIFIC511ONS (REV'9199) LJ C L C If P A H Ir. 'I M, MI L Notification to Surety 105 Observations, by ENGLNFER 630,92 Occupancy of thL Work 5 15, 6 31) 2 4, 14 10 Omissions or aLIS by CONTRACTOR 6 9, 9 13 (:Ipen Pent policy form, Insurance 5 6 2 Option to Replace 5 14 Article or Paragraph Number "Or Equal" Items 67 Other work 7 Overtime Work --prohibition of 63 OWNPR-- Acceptance ofdefeertve Work 13 13 appoint an ENGIrNTLER 82 as fiduciary j 12-5 13 Availability of Lands, responsibility 4 1 definition of 1 27 data furnish 83 May Correct Defective Work 13 14 May refuse to make payment 147 May Stop the Work 13 10 May Suspend Work Terminate 88 1310 I51-154 I ayment make prompt 83 144 14 13 performance of other work 7 1 permits and licenses, requirements 6 13 purchased utswance ri.gmrcments 56-5111 O\W, CR's-- Acceptance of the Work Change Ord,rs, obligation to eeeLute Communications Coordination of the Work Disputes, raquesl for decision Inspections, tests and approvals I mbiluy Insurance Notice of Defects Repres,ntaln e--During COnstrULtIon, ENWNEER's Status R,sponsibihties-- Asbestos PCBs, PLtr0ILU1n I1171rdous Waste or Radioactiv, Mntet inl Change OrdL1 S Changes in the Work cmmnuniLallons CONTRAC9 OR', iesponslbilWes Lvid,nLL of financ ial arrancunents mapc,tions tests and approi als msuranLL lands and easements prompt pa}niant by replacement of I-NG I NFL R sports and tL,ts stop or suspend K ork 8 S term mat, (-ON I RAC I Oli s SCTN ICUs SLparatL repr,sentatiA, at SIR 63025 86 104 81 74 9 11 87, 134 55 13 1 91 8 10 86 lit 1 81 x i1 sir 87 85 84 x3 82 84 13 to 1,1 88 Is 93 testing, mdependLnt usL or occupancy of the Work written consent or appro%al required 134 ?15, 63024, 1410 91,a3 114 EKDC GENLRAL CONDITIONS 1910 S 11990 LDIIION) o / CI I Y Of 1 OR I COLI INS MODII ICA EONS IREV 9/99i 'il �I C LJ l] �0 N H H1 D d E E �I AI u Article or Paragraph Number written notice required 7 I, 9 4, 9 11 11 2 119, 147, 154 PCBs definition of 1 29 general 4 5 OWNER's rLsponsrbiltt-v for 8 10 Partial Utilization -- definition of 1 28 general 6 30 2 4 14 10 Property insurance 5 15 Patent Fees and Royalties 6 12 Pttymrent Bonds 5 1-5 2 Payments Recommendation of 14 4-14 7 14 13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments 142 CONTRACTOR's Warranty of Tide 143 Final Application for Payment 14 12 Final Inspection 14 1 I Final Payment and Acceptance 14 13-14 14 general 83, 14 Partial Utilization 14 10 Rctainagc 142 Review of Applications for Progress payments 14 4-14 7 prompt payment 8 3 Schedule of Values 14 1 Substantial Completion 14 8- W 9 Waiver of Claims 14 15 when payments clot 144 14 13 withholding payment 147 PerlormatILL Bonds 5 1-5 2 Perm its 6 13 Petroleum -- definition of 1 3o general I S OWNER'S responsibility for 8 10 Physical Conditions_ Drnwings )I, in or relating to 4 ^_ 1 2 FNUFN� LR's rew tew 4 2 4 existing structures 42 2 general4 2 1 2 Notice of Differing Subsutface or 42 3 Possible Contract Docum,nls Change 42 5 Possible Price and 71111cs Adjusur ants 42 b Reports and Drawings 4 2 1 Subeur fnLc and, 42 Subsurface Concluwns 4 2 1 1 LeLhnrcal Data, Limited Rehance by CAN I RAGI OR Authonad 4 2 2 Underground baLrbUss - genm 0 43 Not Shown or hldreaLd 4 3 2 PratLLt10o of 4 3 o 2u sa Article or Paragraph Num bcr Shown or Indicated I ethnical Data Reumstruction Conference Preliminary Matters Preliminary Schedules Premises Use of Rice, Change of Contract Price, Contract --definition of Progress Payment, Applications for Progress Payment--retainage, Progress schedule, CONTRAC I OR's 66 431 422 28 26 6 16-6 18 142 142 26 28,29 104 1521 Project--defmttton of 1 31 Project Representative— ENGINEER's Status During ConstruLban PrajcU Representative, RLsrdent--dchnruon of prompt payment by OWNER Property Insurance -- Additional gtneral5 6-5 10 629, 93 1 33 83 57 Partial Utilization 5 15, 14 In 2 receipt and application of proceeds 5 12-5 13 PrateLtron, Satety and 6 20-6 21 13 2 Punch list 14 11 Radioactive Matcnal-- defintton of 1 32 generaW 5 OWNh12'S responsibility Car It 10 Recommendation of PaM cnt 144 145, 14 13 Record Documents 6 19 14 12 Records, procedures tar maintaining 2 8 Reference Points 44 Reference to Standards and Specifications of LeLhnivri Saeleties 33 Regulations, Laws and (or) 6 14 Rejecting Detective Work 96 Related Work at Site 7 1-7 3 Pertormed prior to Shop Drawings and Samples Subnutmis I,%Ww 628 I2emedles unnulatrve 174 175 Removal or COFILCLIon ofne(et/ne Work 13 11 rental lgreoments, O\\'NFR approval requaed 11 45 V rcplacemcnt of ENGINEER, by 01%INTER 81 RLportmg and RLsoh ing Drscrepamaes '_ s 3 3 ^_ 0 142 Reports -- and Drawings 42 1 and I ests, OWNDR's responsibility 84 RestdLnt and ProlLet RLpresentauve-- dehnioon of 1 33 piovtsion lot 9 3 LXDc, OLNLI( \L CONDI I IONS 1910 J 11990 LDI I tCM w/ CI rY OF FORI CO] I M MODIFIC All ONS 01FP 9r99) ArULh, or Paragraph Number Resident Superintendent CONTRACTOR's 62 ResporI lilies -- CON rRAC TOR's-in general 6 ENGINEER's-m general 9 Lim Matrons on 9 13 OWNER's-in general 8 Retamage 142 Reuse of Doeum ents 37 Review by CONTRAC 1 OR Shop Drawings and Samples Prior to Submittal 6 25 Rm iew of Applications for Progress Payments 14 4-14 7 Right to an adjustment 102 Rights of Way 41 Royalties Patent Pees and 612 Safe Structural I oading 618 Safety-- ❑od Protection 432,6 16 6 IS 620-621 72, 132 general 6 20-6 23 Representative, CON rRACTOR's 621 Samples— definition of 1 34 general 6 24-6 28 Review by CONTRACTOR 625 Review by EN(,INEI",R 6 20 627 related Work 628 submittal of 6 24 2 submittal procedures 6 2S Schedule of pi ogress 2 o, 2 8-2 9 6 6, 629, ID 4, 1521 Schedule of )hop Drnu mg and Sample Submittals 26,28'29 6 24-6 28 SLhLduIL of Values 2 6 2 E-^_ 9 14 1 SchLdules— Adher,nLc, to 15 ^_ 1 Adjusting ti 6 Change of Contract Tunes 104 Initially 4LLLptablL 2 S 29 Prdhnt mary 2 o Scope of Changes 10 3-10 4 SubsurfmLL Conditions 4 _' 1 1 Shop Drae rags-- andSamplLs general 624-o28 (,hange Orders x Applications for PnymLnts, and 9 7-r) 9 definition of 1 35 LNGINELR's approval of 3 (,2 1 NIGINLER's rLspousibdmy forievmts 97 624-628 elated Work 6 28 1 es lLw pr0LedurLS 2S624-628 a1 subm trial required Submittal Procedures use to approve substitutions Shown or Indicated Site ACLeSS SuL Cleanliness Site, Visits to -- by ENGINLER by others "Special causes of loss" policy form ,krt icl e or Par agi aph Number 6 24 1 6 25 673 431 72, 132 6 17 insurance definition of Specthcations-- definmion of of Techmcl l Sa lLtles refLreneL to precedence Standards and Specifications of technical Societies Starting Construction BelorL Starting the Work Slop or Suspend Work -- by CON rRAC IOR by OWNER 8 8 Storage of materials and egmpnu^nt Structural Loading, Safety Subcontractor -- Concerning, dLfinition of dLlays wan er of rights '%bLontractors--in general Subcontracts --required provisions 5 11, )ubm atals-- Applications for Payment Maintendnci, and Operation Manuals Procedures Progress Schedules Samples Schedule of Values Schedule oCShop Drawings and Samples Submissions Shop Drawings Substantial Comp1,tion-- LLrtificatmnof 6302. dLbmtion of Substitute C onstruction Methods or Procedure Substitutes and "Oa Lqual" Items CON7 RAC I OR s L'spense ENGINLLR's Esaluation "Or -Equal" SubatnutL Construction Methods 92, 112 132 562 1 36 1 36 331 333 33 2 5-2 8 24 Is 131u, 151 41 72 61S 6 8-o 11 1 37 123 6 11 o S-6 11 o 11, 11 4 3 142 14 12 6 25 ^_6 29 6 24-o 28 26 141 2o,28-29 6 24-6 :S 14 8-14 9 1 3S 672 67 6713 673 6711 WCIX UNERAL COLD] I] ONS 1910 8 (19901 DI ❑ON) a/ C1 I } 01 tIR 1 COLI INS MODII ILA EONS (IU V 9'99) =g I em porary construction Paul it 41 Article or Paragraph Article or Paragraph Numbu Nunibei or Procedures 6 72 resin mahon-- Substitute Items Subsurface and Phvso,9I Conditions-- 67 12 by CONTRACTOR by OWNER 15 5 8 8 15 1-15 4 Drawings of, in or relating to 42 12 of ENGINEER'S employment 82 ENGINEER's Review 4 24 Suspension of Workrn general 15 general 42 Terms and Adjectives 34 1 imited Reliance by CONTRACI OR Tests and Inspections-- Authorved 4 2 2 Access to the Work, by others 132 Notice of Diflermg Subsurface or CONI RAC I OR's responsibil ams 135 Physical Conditions 4 2 3 cost of 13 4 Physical Conditions 4 2 1 2 covering Work prior to 13 6-13 7 Possibly Contract Documents Change 4 2 5 Laws and Regulations (or) 135 Possible Price and Times Adjustments 426 Notice of Defects 131 Reports and Drawings 42 1 OWNER NLry Stop Work 13 10 Subsurface and 4 2 OWNER's independent testing 134 Subsui face Conditions at the Site 4 2 1 1 special, required by L NGINEER 96 Technical Data 422 timely notice required 134 Supervision-- Uncovering the Work, at ENGNEER's CONTRACTOR's rusponsibihty 6 1 request 13 8-13 9 OWNER shall not supervise 89 Times-- FN(,INI?ER shall not supervise 9 2, 9 132 Adjusting 66 Superintenclence 62 Change of Contract 12 Superintendent, CONTRACTOR's resident 62 Computat inn of 172 Supplemental costs 11 45 Contract I imcs--definition of 1 12 Supplementary Conditions-- day 1722 definition of 1 39 Milestones 12 principal references to 1 10 1 18, 22 27 Requirymenls-- 42,43,51,53,54,56.59, appears 911) 16 5 11, 6 8, 6 13, 74, 8 11 93,9 10 clanficatlons, Supplementing Contract Documents 36 claims and disputes 9 11, 11 ^_, 12 Supplier-- Commencement of Contract Tunes 23 definition of 1 40 Preconstamtion Conference 28 prinwpnl references to 3 7, 6 5 6 8-6 11 6 20 schedules 26 29 66 624 9 13 14 12 Starting the Wort. 24 Waiver of Rights Surety-- 6 11 ride Warranty of Uncovering Wort. 143 13 8-13 9 consent to final payment 14 12 14 14 Undeigwund FaciLUes Physical conditions-- FNGINEFR has no duty to 9 13 definition of 1 41 Notification of Pit HIS 152 Not Shown or Indicated 432 qualification of 5 1-5 3 protection of 43 620 swvival of Obligations 634 Shml n or Indicated 4 3 1 Suspend Wort. OWNER Nla) 13 In 15 1 Unit Prrre Wort. -- Suspension of Wort. and Terinanation— 15 claims If 93 CONI RACrOR May Stop Wort. Jelniition of 142 a or I ermmate 155 genera I11 9, 14 I, 14 5 OWbTER May Suspend Work 15 1 UnIt PIIceS-- OWNERMavTerminate 152-L54 genela11731 Tries --Payment by CONTRACT OR 6Is Detcrnimation for 9to Technical Data-- Use of Prunises 6166IS 63024 Lunned L2ehanee by CONE RACI OR 42' Utility owner 013 6:0 7 1-7 3 132 Possible Price and Tories Adlustments 4 2 6 Utilimamn Partial 7 28 s 15 6 30 ' 4 14 10 Reports o1 Dlffci mg Snbgnrface nod Value 01 the Wort. 113 Physical Conditions 4 2 3 Values, S„hi,dulc of 2 6 2 8-2 9, 14 1 nit UCDC OLNLR V, SON A I IONS 1910 S 0990 1-1)1110M CITY Or FORT C01 LINS MOI IlCICA ❑ONS (khl 0,99) H Variations in Work--Is4mor Authorized 625, 627, 95 Artu.le or Paragraph Number Visits to Site --by LNGINEPR 92 Waiver of Claims --on Final Payment 14 15 Waiver of Rights by insured parties 5 It 6 1 1 Warranty and GuaranR.i,, Gi.neral--by CONTRACTOR 630 Warranty of I itle, CON I RACTOR's 143 Work -- Access to 132 by others, 7 Changs in the 10 Continuing the, 429 CONTRACTOR May Stop Work or Term mate 15 5 Coordination of 74 Cost of the, 11 4-11 5 definition of 1 43 neglected by CONTRAC I OR 1314 other Wort. 7 OWNER May Stop Work 13 111 OWNER May Susp,nd Work 13 IQ 15 1 Related, Wort. at Site 7 1-7 3 Starting the, 2 4 Stopping by CONTRACTOR 15 5 Stopping by OWNER 15 1-15 4 Variation and deviation authorized in mor 36 Work Change Directni,-- claims pursuant to 102 dcfimuon of l 44 principal aferenus to 3 5 3 10 1-10 2 Written Amendment -- definition of 1 45 principal references to 1 10 3 5,5 10,15 12 662 682 619 101 104 112 121, 13122 1472 Writli,n Clanhoations and Interpretations 3 6 3 94, 9 11 Written Notice Required— by CONTRACTOR 7 1 9 10-9 11 by OWNER 9111911 10 4, 1 10, 12 I 104112 1314 9 U E1CDC GI NLRAL CONDIl10N51910 S (1991)LD1I lute wl CI I1 OI I OR I COLI INS MODII ICA 110NS (REV 9'99) E w (I his page left blank Intentionally) LICDC GI NLR VL CONDI [IONS 1910 S (1990 LDI 11 V V) e/ CI FY OF FOR COLA INS MODIFIC All ONS (REV 999) 0 SECTION 00020 INVITATION TO BID y rl`r N J H R H 9! 1 07/2001 Section 00020 Page 2 H GENERAL CONDITIONS ARTICLE 1--DEFINITIONS Wherever used in these General Conditions or in the other Contract Docurnonts the following terms have the meanings indicated which an, applicable to both the singular and plural thereof l l Addenda -Written or graphic Instruments issued prior to the opening of Bids which dandy cornet or change fro Bidding Requirements or the Contract Documents 1 2 Agreement -The written contract between OWNER and CONI RAC OR covering the Work to be performed, other Contract Dl)CIATILms are attached to the Agreement and made a part thereof as prov lded therein 1 3 Application foi Pa3mient-1 he form accepted by ENGfNLLR which is to be used by CON rRAC1 OR in requesting progress or final payments and which is to be accompamed by such supporting documentation as is required b% the Contract Documents 14 Asbestos —Any material that contams more than one percent asbestos and is triable or is releasing asbestos fibers mto the air above current action let LIS established by the United States Occupational Saieq and Headth Administration 1 S Bid --I he otfer or proposal of the bidder Suhmfurd on the prescribed form setting forth the prices for the Work to be performed 16 Bialdmg Doc imneils—Ihe mkh rtmwnmri or Ira nation to Bid, Instructions to bidders the Bid foi m, and the proposed Conti act Docunnnts (Including all Addenda Issued prior to reeuipt of Bids) 17 Bidding Requirements --The adsersament or mN nation to Bid, instruction to bidders and the Bid term 18 Bonds —Pei Ionnance and Payment bonds and other instruments of security 19 Change O+dei—A document ieoomniended by ENOINELR, which is signed by CONTRA( -TOR and OW NCR and authon7os an mddmmn, deletIO11 of ievnron In the Work, or an adtusanent in the COnmad Price or the Contract I imes, Issued on of after the Istteetne Dat, of the Agreement 1 10 Contiacr Documents —I he Agnument Addenda (which pertain to time Contract Documents) CON fR\CI OR's Did (mdudumc daturLinetion aeeanlpurvumg the Bad and any Post Bid edcwuinentation submitted prior to the Nouue of Award) Mien attached as an ednhrt to the Agreement, the NOtice to Pioee151, the Bonds, those Gdmral CondinUa$, darn Supplenantar) Conditions thL SpLu ications and the DraMmus as the Ira UG,INL R A I CONDI I I UNs 191 (1 Y(1990 Ldndn) wI Cl 1) 01 IOltI COI LIN'SNIODIHCA I IORS(HL\ 4/2000) same are more spcelhoally iduntilicd in the Agreunent together with all Written Amendments, Change Orders, Work Change Duectives, I geld Orders and LNGINEER's written interpretations and clarifications Issued pursuant to paragraphs 15 3 6 1 and 3 63 on or after the Ftlecnve Dam of the Agreement Shop Drinking submittals approved pursuant to paragraphs 626 and 627 and die reports and drawings rolerrld to in Paragraphs 4 2 1 and 4 2 2 are not Contract Documents 1 I I Co tract Pnce—I he artiness payable by OWNER to CONTRACI OR for eomnplUlon of the Work in accordance with the Contract Doiuments as stated In the Agreement (sublwt to the provisions of paragraph 11 9 1 in the case of Dmt Pnce Wort.) 112 Contract Times —The nunlatrs of days or the dates stated in Ihe Agreement (1) to achieve Substantial Completion and (i)to complete the Work so that it is ready for final paynmont as evidenced by ENGINEER's written reeOmmenda(ion of final payment In accordance with paragraph 14 13 1 13 CONTRACTOR--1 he person, firm of corporation with whom OWNER has entered into the Agreemurmt 114 defective --An adleetwd whfuh when modifying the \cord Work refers to Wort. that Is unsatisfactory, faulty or deficient in Lhat it dolls not eonfomn to the Conrad Documents, or does not meet the requirements of any inspection reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recomnlendalron of final p.iymcnt (unless responsibility tor the protection thereof has been assumed by OWNER at Suhslantral Compleuon in actorlanLe with paragraph 14 8 or 14 10) 115 Drarnngs--rhe drawings which show the scope, extant and olbmact,r of the Work to be hanushud and performed by CONTRACTOR and which hake been prepared or approved by LNOINLLR and arc referred to in the Contract Documents Shop drawings an not Drawings as so defined 1 16 Lfjecuve Date of the Igieement—Ihe date indicated m the Agreement on which It Ix(Zonret efecive, but if no such state is indicated it means the date on which the Agreement is vgned and delivered b) the last of the two parties to sign and deli er 117 f•CG/\TIR—Ihe person firm or corporation nursed as such am the Agrecmc nt 118 LNGINLI:IYs ciaisulrait—A pefsoq firm ni corporation hm inn ❑ Contract M ah FNGINFFR to furnish services as FNGIDIhI R's Independent professional associate or consultant with n,spdet to the Prolat and who rs ulantihud as such in the Supplomenmry Conditions 119 Field Order --A unitcn order Issued bs iNGTNEFR whwh orcduw minor Changes in t1u, �%oik m accordance w ith pingr ph 9 a but which does not mvoh L a Change in the Contract PrILe Jr Ihe Contract TiimleS M AM E 1 u fl I} �r I kl! A. $I! 4 L� 120 Genervl Requirements—SLUIO a of Division I of the Specihca ions 121 Ilazmtioidr f4aste—The term Hazardous Waste stall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC, Section 6903) as amended Goat tune to time 1 22 a LaaS and Regidatio s Laws or Regidaaons--Any and all applicable laws, rules, regulations ordinances, wdcs and orders of any and all governmental bodies agencies, authorities and courts h0 V Ing 3unsdicuon 1 22It Leeal HoLdms--shall be those holidays observed by tilt, City of Fort Collins 123 Liene--Liens, chargers security interesls or encumbrances upon real property or personal property 124 Milesione--A principal event specified in the Contact D(wunrents relating to an intermediate completion (late or time prior to S61bstantal Completion of all the W ork 1 25 Nome of Award —A written notict, by OWNER to the apparent successful bidder swung that upon (omphance by the apparent successful bidder with the conditions precedent enumerated therein, within the lint, specified, OWNER will sign kind delve er the Agreement 126 Notice to Proceed —A written notice given by OR NER to CONTRACTOR (with a copy to FNGINFER) fixing the (Lite on which the Contract limes will watimence to rim and on which CONI RI\CTOR shall start to Nrtorm CON 1 RACTOR'S obligations under the Contract Documents 1 27 0117VLR-1 he public body or authority, corporation, association, lion or person with whom CON IRAC I OR has entered into the Agreement and tot whom the Work is to be pros tiled 1 _S Pmbal Unhaauon—Use by OWNER of a substantially completed part of the Wort, [or the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work 1 29 PL8B—Palychlollnsted biphanyls 1 30 Peboleum--lvrolaum indudlag crude oil or any friction thereof which is liquid at standard conditions of tamisaaWic and prtssure C6a dcgees bahrenhwt and 14 7 pounds per square inch absolute), such as oil petroleum, fuel oil, oil sludge oil ietuse, gasoline kerosene anti till nosed with other non-H99md0u9 Wastes and crude all 1 31 Proe,t--The total construction of which the Work to be provided under the Contract Documents may be the whole or a part as mdwacd clsewher, in the Contract Documents 1 32 a Ra.humm¢_Ualenal—�ouae speudl Mckat of byproduct macrral as defined by the Atomic I'nergy Act of I ICDC (,I NI RM CONDIIiONs 1910 3 r 19901 Jwan7 n/ CI I Y OI 1 OR[ COLU Nb NIODII I CA I IONS (lit v i ^-Mum 1954 (42 USC Section 2011 et scq ) u amended froth time to time 1 32 b Regular fi'orinn¢ Hours--Reaular worklry, hours are defined as 7Warr to 600pm unless otherwise specified in the General Requnements 1 33 Resident Pinject Represeuatme—The authorized rcprescntdiv c of ENGINEER who may be assigned to the site or any part thereof 134 Sampler —Physical examples of materials cquipinent, or workmanship that are representatne of some portion of the Wort, and which establish the standards by which such portion of the Work will be judged 135 Shop Dnmtzngs--All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CON TRACTOR and submitted by CONTRACI OR to illustrate some portion of the Work 136 Speefcations-1 hose portions of the Contract Documents consisting of written technical dcsenptions of materials, cqutpment, construction systems, standards and workmanship as applied to the Work and certain administrative dcteds applicable thereto 137 Jubconiracfot—An individual ftmt or cogtoratcn having a direct contract with CONTRAC I OR or with any other Subcontrnctor for the performance of a part of the Work at the site 1 38 Substmmal Completion--1 he Wort. (or a specified part thereol) has progressed to the point where tit the opinion of ENGINEER as evidenced by I,NGINEERs definitive certificate of Substantial Completion, it is sufficiently wmplcte in accordance n ah the Contract Documents so that the W ork (tit specified part) can ter, utilized for the puquses for which It 15 inkridcd or n no such certilicit, is issued, when the Work is complete and ready for final payment as evidenced by 13NGMEER's written recommendation of final payment in accordance with paragraph 14 13 The terms "substantially complete" and "substantially completed" as applied to all of part of the Work refer to Subsmnual (,onipletion thereof 1 39 Supplementan Conditions —The part at the Contract Documents which amends or supplements these u t,n,ral Conditions 140 Supplcen-4 manufacturer, fabricator supplier, distnhutoi millet iahnnn or vendor having a d iwt contract with CONTRACTOR or with any Subcontractor to furnish mdterials or etluipmd.m to be muuporiled in the Work by CUNT RAC FOR or any Subcontractor 1 41 Underground Facihtres—All pipelines, conduits, ducts t,ibles wires manholes, taints, tanks tunnels or other such facilities or attachments and am encasements containing such lacihtes which have hwn msia➢cd underground to lutnrch any of the following services or 3 Pl E C F �Ip II +ll tl materials electricity gases steam liquid Petroluhm products, telephone or other communications, cable teleeston sawage and drainage remosnl, traffic or other control systems or water 1 42 Unit Price Woek-Work to be pond for on the basis of unit prices 143 ll'ork--The entire completed construction or the various %Lpamatuly identifiable parts thereof required to be furmshed 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 servlcus and furnishing documents, all as required by the Contract Documents 144 Work Change arecnve-A written dilbctne to CON1 RACfOR, issued on or after the Effective Date of the Agrs.emcnt and signed by OWNER and recommended by ENGINEER, ordering an addition deletion or revision in the Work, or responding to differing or unforeseen physacd conditions under which the Work is to be performed as provided in paragraph 42 or 43 or to emurgenches under paragraph623 A Work Change Dnectne will not change the Contract Price or the Contract Tines but is evidence that the parties aspect that the change directed or documented by a Work Change Directive will bit Incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract I mtes as pros ided In pnmgraph 102 1 45 iPrnren Iniendnient--A written amendment of the Contract Documents, vgnud by OWNER and CONI RACI OR on or alter the Eflucuve Date of the Agreement and normally dealing with the nonengineenng or nontechnical rather than strictly constiuchon-refawdl aspuds of the Contract Documents AR I IC. LL 2--PRLL1:111N,W Y NIA IF I HI Delivery ofBon(A 71 When CONTRACTOR delners the cseeuted A61c,munb to OWNER, CONIRA(AOR shall also deliver to OWNER such Bonds as CONTRACTOR may he inquired to turnsh m accordance w ih paragraph 5 I C.olnes of Documents 2 OWNER shall furnish to CONf RAC FOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work Additional copir" will be furnished upon request it the cost of reproduction Conn ieneement of Contract rrimes, None e to Proceed 23 The Contract I unes %sill communce to run on the thirtieth day after the Iilleelive Date of the Agreement or 1 ICD(. CI NI RAI CON IN IIONS 191U S 119901111tinn WC11Y 01 FOR r COLLINS MODIFICATIONS IRLV IC000) It a Notice to Proceed is given, on the day indicted in the Notice to proceed A Notice to Proceed miry be given at any time within thirty days after the Effective Date of the Agreement—[n-no-ovens-w114-Ihs- ,ontrnot-T mica commence -to rwi-fat r-than-ths-slxHethiLa}4a(tar-We day of-Biderperung er-the-thirtieth-day after -the 17I1 Dote of the 1,gineemerit, Starting the Work 4 CONTRACTOR shall start to pertomh the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to thu date on which the Contract I Imes commence to run Before Startuag Construction 25 Before undertaking each pan of the Work CONI R.ACI OR shall carefully sludly and compare the Contract Documents and check and verify periment figures shown thereon and all apphcable field measurements CONIRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambhguav or discrepancy which CONTRACTOR may discover and shall obtain a written Werprulation or clarification from ENGNEER before proceeding with any, Work affected Iherebv, however CO\TI RACTOR shall not be liable to OWNER or ENGINEER for tadure IO rd.pon any conlLA error, ambiguity or discrepancy in the Contract Documents unless CON TRACTOR knew or reasonably should have known thereof 26 Within ten days after the ELTechsc Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to LNG INELR for review 261 a preliminary progress schedule indicating thu times (nunbem of days or dates) for srnrtmg and completing the various stages of the Work including anv Milestones yxclhed in the Contract Doi unit tits, ^_ o 2 a prolnninary schedule of Shop Drawing and Sample submittals which will list each required submittal mid the times for submitting, rm hewing and Far ocessmg such subm nta I, _ 6' II In no=se all a schedule be acceotable which allows less than 21 calendar des for each re by -ngine r 263 A preliminary suhedldde of valuos Rr all of the Work which %s ill include quanhues and prices of Items aggregating the Contrict Price and will StIOCI roe the Work into component parts in suflicicnl detail to sane ns the basis for progress paymenLs during construction Such prices gill ineltrdC an appropriate amount of oecrhead and profit applicable to each near of Work 7 Before any Work at the site 1s started CON[ RA(AOR and-OWNI'R shall each delnei to the Other OWNER with copies to each-addhhonsl-insured xlonhhedLurFhe-Supplemerwm6orhalnrOns ENGINEER C d1' d I Ir 1� V CR I I 0 I^ L Il cLrtifioatu, of Insurance (and other evidence of insurance witch-eithe'Fof�ham-or-a nv-nddrtrona I-Instued-may reasonably —request requested by UWNER) which CONTR\CTOR-and-9 ' ER�espeetwely-are is required to purchase and maintain in aceordance udh paragraphs 5 4-5 6rnnd-5-7 Pieconsimcnon Conference 28 Within twenty days after the Contract Tunes start to run, but before any Woek at the sac Is started, a confereneL attended by CONTRACTOR ENGINEER and othcrs as approprtah, will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2 6 procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records Innratb Acceptable Schedules 29 Unless otherwise provided in the Contract Documents, III least -terrdaya-hefore-submrswen-e(-We-fir st Applreaurrn-for ��,:.rnt before any work at the site begins, a conlcrence attended by CONTRACTOR ENGINEER and olhtrs as appropxtate deSIMMILd by OWNER, will be hold to review for acceptability to ENGINEER as provided below the schedules submitted at accordance with paragraph 26 and Division 1 - Gencral Requirements (ON I RA( f OR 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 CONI RACTOR until the schedules are submttwd to and acceptable to bNGINELR as provided below the progress schedule will be acceptable to FNNGINEER as proNrchng an orderly progression of the Work to completion within any specified Milestones and the Contract T aims, but such acceptance will neither impose on ENGINEER responsibility for the sequencing scheduling or progress of the Work noI interfere with or relieve (ONI RAC'l OR from CONI RAC OR's full responcbthty thLrefor CONTRACIOR's schedule of Shop Drawing and Sample suhlmsslons will be acceptable to ENGINEDR as providing a workable am, ngentent for realeimmg and processing the required subnnita]s CONTIZACrOR's schedule of %alues will be acceptable to ENGINEER as to form and substance A1271(.LE3--(.0NI'RA(7 DO(UAIFNIS INTENT AIAI FND1N(, RN 11NF Intent 31 The Contras Documents comprise oho urn, agrtLnment I)Cween OWNER and CONTRACTOR concerning the Wolk The Contract Documents are complcmeman, what Is called for by ont Is as binding as it u-dltd for by all She Contras Documents will he construed in accordance with the law of the place of the Proluu 32 It Is the Intent of the Contract DUWmLms to I JCDCGIL KALCOMJn IONS 1910s(1990E,hI1.) ,,I CI rY OI 1 OR r r, DLI INS AIODII ICAI IONS IRL y [ROeOI describe a functionally complete Project (or part therwt) to be constructed in accordance with the Contract Documents Anv Work, materials or equipment that may reasonably hL mferred from the Contract Dowmcnts or Gorr prevailing custom or trade usage as being required to Produce the intended result will be furnished and performed whsher or not specifically tilled lot When words or phrases which have a well-known technical or construction industry or trade incurring an, used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning Clanficattons and Interpretations of the Contract Documents shall be Issued by ENGINEER as provided in paragraph 94 33 Reference to Standards and Specrfrcatmnc of Fechmcal Socxehes, Reporting and Resobvng Descrepaneves 331 Reference to standards spccllicthons, manuals or codes of any technical society, organvatron or association, or to the Laws or Regulations of any governmental authority, whether such rclereme be specific or by implication, sFnll mean the latest standard, spLuficatlon, manual, talc or Laws or Regulations in cftect at die tune of oponmg of Bids (or on the Effr.ctmve Date of the Agreement if there were no Bids) LXQLpt as may be otherwise specifically slated in the Contras Documents 33 2 If, during the performance of the Work, CONIRACTOR discovers any LonOreL error, ambiguity or discrepancy within tit Contract Documents or between the Contract Documents and any provision of my such I aw or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6 5, CONIRACTOR shall report it to LN( SILLR in writing at once, and, CONTRACIOR shall not proceed w Ith the Work atle. tLd thereby leeccpt in an unergeney as authorized by paragraph 623) until an amendment or supplement to the Contract Documents has been Issued by one of the methods Indicated in Iningraplt 3 5 or 36, provided however, that CON[ RAC FOR shall not be liable to OWN] R oI ENGINEER for failure to report any such conflict elrol, ambiguity or dlswepaney unless CONIRACTOR knew or ieasonably should hart known themot 3 3 3 Lecept as otherwise speclhcally stated in the Contract Documents or as may be proNIded by gmLndnment or supplement thereto Issued by one of the methods mchcated in paragraph 3 i or 3 6 the plouslons of the Contract Documents shall take preLecknce in resolving my contllct error ambiguity or dlscn.pantv between the provisions of the Contract Documents and 3 13 1 tlnprovisions of any such standard specification, manual, code or mstrucnon (whether or not specifically meorporaLd by re[LLenee in thL Contract Douments), or C C 4 e n L C F1 d sl I I 11 0 F 'I. +I. e I 3 3 3 2 the provisions of any such Laws or Regulations applicable to the pettomtance of the Work (unless such an alteipretition of the provisions of the Contract Da.umcnts would result u1 violation of such Law or Regulation) No provision of any such standard specification manual, code or instruction shall be ef(cetivc to change the duties and responsibilities of OWNLR, CON I RA(.1 OR or ENGINEER or any of their subcontractors consultants, agents or employees from those set forth in the Contract Documents, nor shall it be efTccine to assign to OWNIER, ENGINEER or any of FNGINEER's Consultants, agents or employees any duty, or mohaxmty to supers axe or direct the furnishing or performance of the Work or any truly or authority to undertake responsrbtlify, Inconsistent with the provisions of paragraph 9 13 or any other prow wton of the Contract Documents 34 Whenever in the Contract Documents the tern, "as ordered", "as directed", 'as required', "as allowed", "as approved" or terms of hkc effect or import are used, or the adjectives "reasonable" "suitable" "acceptable" "proper" or "satisfactory" or adjectives of like effect or mmpnrt are used to deu:ribe a iequuwment, dircchon review or judgMLnI of ENGINEER as to the Work it is Wended that such requirement, d¢e(,uon rce mew or judgment will be solely to evaluate in general, the completed Work for compliance with the requrrcments of and information in the Contract Documents and contormance with the design concept of the completed Project as a functioning whole as shown or IrILIMled in the Contract Documents unless there is a specific statement indicating otherwise) i he use of any such term or adjective shall not be etfoctn it to assign to ENGINLER any duty or authority to supervise or direct the furnishing or Ixdormance of the Work or any duty Or authoirty to undertake respotudnbty contrmy to the pan isions of paragraph 9 13 of any other prm ision of the Contact DOLnmeml5 ehnentbng mid Supplentenrtng Lonteact Documents 35 the Contiad Documents nmay he amended to provide for addulons rklctlons and i�viiaons in the Work or to modify the terms and conditions ther of in one or more of the following ways 3 5 I a formal \l ntten Anmendrmnt 35 2 a Change Order (pursuant to paragraph Ili 4) or 6JCDCOLNERALCONDI IlONb 1910- (1990 aAWit) my CI I t OF t OR I COI I I M N1ODIt I (,ATI DM dtI V 472000) 3 5 3 a Work Change Directive (pursuant to Paragraph 10 1) 36 In addition- the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways 36 l A h teld Order (pursuant to paragraph 9 5), 362 ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6 26 and 6 27) or 363 ENGINEER's wrlflcn mterprctatnon or clarification (pursuant to paragraph 9 4) Reuse ofDacuments 37 CONTRACTOR and am, Subcontractor or Supplier or other person or organization performing or furnnhmg any of the Work under a dir,ct or induact 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 ENGRNER's Consultant, and (tit) shall not reuse any of such Drawings Specifications other documents or copies on extensions of the Project or any othw protccl without wa'Iticn consent of OWNER and ENGIABER and specific written t en6cation or adaptation by LNGINELR AR I ICLL 4--A VAILAIIILI I Y OF L ANDS, SUIISURFACE AUND PIIYSTCAL CONDITIONS, REF FRFNU POlnl'S dradabilin, of Lands 41 OWNER shall lurrush, as Indicated in the Contract Documents the lands upon which the Work is to be performed, rights -of -way and casements for access thereto, and such other lands which are designated for the use of CON I RAC rOR Upon -reasonable written -request; 0WNT,l-sha4l-furrudm-CAN I-R-AGTOR-with-x correct statement of -record -legal -title and-legi4 deu,rtpuonrof-the lands-xpon-wh IcW-1lx.-W c+rk--rs--to-bz-partcimtzd-nrrd C-}W N L-R's-in[erect-lherern-as-necessary-Wr-�n�rng-ounce of-or-tiling-a-mecF�nmu�hcw-against-such-larrcls-m Iibeordance—w-ilh--applicable r-Law ram..' " td r at onS OWNFR shall Identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CON RACI OR will have to comply in Ixstoi ning the Work Fascnients for permanent structures or permanent changes m evsting LuWties w ill be obtained and paid for by OWNER, unless Otherwise prmrded in the Contract Documents If (_ONIILACIOR and O\\NI It ate unable to agree on entitlement to or the amount or event of any adjustments in the Contract price or the Contract Times as a result of any delay in OWNERs hrrnMing these lands, rights-ot- way or erxments CONTRACTOR may make a claim therefor as prom riled in Articles II and 12 I N N w ,yrs ve R H II i J pl E CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipinnnt 42 Subsurface and Physical Conditions 42 1 Rtports and Drarangs Referoricc is made to the Supplementary Conditions for identification of 42 1 1 Subsvrface Conehhons [hose 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 42 12 Physical Conditions Those drawings of physical conditions in or relating to existing surface or subsurtace structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGTNEFR in preparing the Contract Documents 422 Limited Rehance bi CONTRACTOR Aulhonzed Technical Data CONTRACIOR may rely upon tht general accuracy of the reduueal data" eontuned in such reports and drawings but such i eports and drawings ai e not Content Documents Such'techmcal data" is identified in the Supplementary Conditions Except for such rchanue on such "technical data' CONTRACT OR may not rely upon or make any claim against OWNER, ENGINEER or any of INGrNF,FR's Consultants with respect to 4 2 2 1 the completeness of such reports and drawings for CON I RACI OR's purposes moluding, but not limited to any aspects of the means methods, techniques, sequences and procedures of construction to he employed by CONTRACIOR and satety precautions and programs incident thereto, or 4 ' 2 ' other data mWrpreeitions opinions and information contamed in such reports or shown or indicated in such drawmga or 42 2 3 any CONTRAC[OR interpietation of or condusion drawn tram any "technical data" or any such data interpretations, opinions or inform anon 423 Notice of Differing subsurface or Physical ( ondinons ft GONrRACTOR believes that any subsurface of physical condition it or contiguous to the site that is uncoveiecl or re�ealedl either 4 2 3 1 is of such a nature as to estibl ish that any "leehmwl data" on wluch CON I RACTOR is entitled to ick is pim idol in paragraphs 4 2 1 and 4 ^_ is nnikrnr jly araccarate, or 423' is of such a name, as to require a change in the Commas Documents- or 4' 33 dittCrS mdNIIIII) from that shown or i JrDC rd Ni K 91 60 VDITfONS lY le S 11990 C @Udp W CI I'r OI I uKI COLLINs NIODII I(ATIONS (Rl % {^TaeiO indicated in the Contract DOtunl6nts or 4 2 3 4 is of an unusual nature, and ditfem materially from conditions ordinarily encountered and generally recognized as inherent in work of the chmacter p ovrd d for at the Contract Dx,mneras, hen CONTRACTOR shall t emptly r medrat lv after becoming aware lhercot anJ before further disturbing conditions aftected thereby or performing any Work in connection therewith (except in an emergency as pennrttcd by paragapkt623) notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as atoresainl) until receipt of Yvraten order to do so 4 2 4 ENGINRER's 1'ewew ENGINEER will promptly review Oro pertinent conditions determine the necewity of OWNER'S obtaining additional exploration or tests with respect thereto and anti ise OWNER in writing (with it copy to CONIRACTOR) of ENGINEER's findings and conclusions 425 Possible Contact Documents Chance It LNGTNFER concludes thet a change in the Contract DOLnnients, is required as a result of a condition that meets one or more of the categories in paragraph 4 2 3, a Work Change Dnecfise or a Change Order will be issueJ1 as pros ided in Article 10 to reflect and document the consequences of such change 426 Pnsvible Price and Times A4ustmentr An equitable adjustment in the Contract Price or in the Contract Times or both Nall be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CON I RACTOR's cost of or unit required for pu lonmance 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 pamgtaphs 4 2 3 1 through 4 2 3 4 inclusive 4262 a change in the Cmtract Documents pursuant to paragraph 4 2 5 will not tit an automatic authorization of nor a condition ptecdcnt to entitlement to am such adjustment 4 2 6 3 with respect to Wort, that is paid for on a Unit Pr1GI Bass any adjustment in Contract Rice "ill be <u[,IeLt to the provisions of pmagraphs 910 and 119 and 42o4 CON I RAC I OR shrill not be entitled to any adlustincnt in the Contract Price or Limes it 42641 CONT'RACIOR know of the txistc rice of such conditions at the time CONIRACIOP. made a final commitment to OWNER in respect of ( ontract Pnee and Contract Tunes by the H GI E I I 0 LI l "1 D 1 j j 1 C� F d submission of a bud or becoming bound under a negotiated contract, or 42642 the oxisumce of such condition could reasonably have been discovered or revealed as a result of any examination, mvustigation, explomnon, test or study of the site and contiguous arras required by the Bidding Requrrements or Contract Documents to be conducted by or for CONfRACI OR prior to CONTRACTOR's making such final commitment or 4 2 6 4 3 CONTRACTOR failed to give the written notice within the time and as required by pamgr•.aph 4 2 3 If OWNER mid CONTRACIOR are unable to agree on entitlement to or as to the amount or length of any such Nuitable adjustment in the Contract Prue or Contract times a claim may be made therefor as provided in Articles I I and 12 However OWNER, ENGINEER and I NGINLPR'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 props[ 43 Pdpveal ContGbons--Underground Taeditees 431 Shown of Lrdnated The information and data shown or irdruntecl in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on Information and data furnished tii OWNER or ItNGINFhR by the owners of such Underground 6acihues or by others Unless it Is otherwrse expressly provided in the Supplementary Conditions 43 11 OWNER and ENO NF,'FR shall not be responsible lot the accuracy of complelenetis of any suds nforntation or data and 43 12 The cost of all of the following %N III be included In the Contract Price and CON I RACFOR shrill Name full responsibility for (I) rev swing and checking all such information and data, (it) loearng all Underuround l'auhues shown or indicated in the Conti tit Documents,(ul) cooldlndlron of the Work with the owners of such Underground FBCIlItieS during construction, and (tv) the safety and protection of all such Underground rawlttrs Is provided in paragmph620 and repairing any damage thereto resulting from the Work 432 Nol )hour or Indicaled It en Underground bauhty Is uncOvered or revealed at or contiguous to tho site which was not shown or indicated in the Contract Docunions CONTRA(, I OR shall, promptly anmuhale Ly otter beconming aware th.reot and betort further ch,turbme conditions atlwted thereby or performing any Work In connection thereauh (except in an emergency as mquirecd by paragraph 6 23) rdenufy the owner of su.,h Undeground I'aerhly and I ICD(- (,I NI aX (oN DI I I ON 19l o s (1990 I dinar ) ml CI I1 OI I OR 1 COLI INS AIODII ICATIONS (11L\ 42000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any to which a change is required in the Contract Documents to reflect and document the consequences of the e,rstence of the Underground Facility If ENGINEER concludes that a change in the Contract Documents is required a Work Change DirLetiye or a Change Order will be issued as provided in Article 10 to repel and document such consequences During such time CONTRACTOR shall be responsible for the safety and prctection of such Underground Facility as pros ided in paragraph 6 20 CONI PACT OR slg may be allowed an increase in the Contract Prue or an extension of the Contract times, or both, to the extent that they are attributable to the exvstamce of any Underground Facility that was not shown or Indicated in the Contract Documents ,and that CONT RAC FOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CON I RAC I OI2 are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Prue or Contract Tunes, CONI RACIOR may make a claim therefor as provided in Articles I I and 12 How ever, OWNER, ENGINEER and ENGINEER's Consultants shall not lie liable to CONTRACTOR for any claims costs, losses or damages Incurred or sustmed by CONTRACTOR on or in eonna.uon with any other project or anticipated project Reference Porntc 44 OWNLR shall provide engineering surveys to establish reference points for construction which in LN(rINELR's judgment are necessary to enable CON 1 RACI OR to proceed with the Work CONI RACTOR shall be responsible for laving out the Work, shall protect and prt, en e the establtshed reference points and shall make no changes or relocations without the prior written approval of OWNLR CON] RACIOIZ shall roport to LNGINb ER whenever any relcr,me point is last or destroyed or requires relocation because of necessary changes in grades or location and shall be responsible for the accurme replacement or relocation of such reference points by professionally qualified Izrsemncl 41 Isbestoy P( By, Petroleum, Hazardous Hove of Radioacnre Alatenal 451 0\\NI,R shall be r,sporable lot am Asbestos PCIJS, Petroleum, I1n7ardous Waste or Radroactne \Material ulcoyered or revealed at the site which was not shown or indica0.d In Dmwinus or Specltieatrons or Identified in the Contino DocuraL is to be within the scope of the Work and Much may present a substantial danger to persons or property caposed thereto In connection with the R ork at the site OWNER shill not bo reSpunsdsle for any Such materials brought to the site by CON I R4C I OR Suhenntmctors Suppliers or anyone else for whom CUNTRAC.TOR Is responsible L� �J U H I P n H H III H 1 L CI IF E 4-5 2 GDNTR 4GTOR-shall Immediately-(t)-stop till Wmk-u ,omteetmn with-suehhavnrdous oondmon and in ny- FM ofCeaed-thereby-(zaeepl-Ins-elttcvtemy e s-recpu red-by-pdraga ph6?3),-Iwd-(I i}noh ly 01t1Nt':wand-EPiCiiNE@-R-(Rrtd-tlx;reafter-confirm seoh-netae-mntmg�-OWNER-"I'-promptly eoavu{t-with HNGIN�FR coneenrung the -near ty-Far OWNER-to-reEetn-R-q expert to hamidous corxhtlen-or-tal a-cort€ctive-action-if-any- CONTRAGTOR-shall oot-be-requued to festime-Work surlyheutrdma,�ny such-aff Aed-arm -until-after-OWNER-has-obtarned Roy-requ red _-_- ., FelEtedthereto and delivered o Con 1 RGno specmlivrittxtr-rtet�j..wttytag that-such,mMitlen-end-any-offe 4ed-oreR-Iser-has been rendered -safe -for -die re4umpHan--eF�o4erlrar (+r}spnc,iCyvng Rtw-spncla}conchhensundnr-whwksuuh Wort.-mtiy-be-rzsurned-safily-If n- :.,inrc��^� rnn�o -cl OR. annet-xgFee as • , entitlement to T the-RntetJnt-nr--z�astmeat-il- any -in Cemnat -PiOf ^ h WerksteppRgaorsuchspeci il-iii Bois umler-which Work -rv- Wee4-iy-6C-H+F-FRAfTOl�to-brresunrrd; aNhar-F*igy-tmty-mRkwI eluan4hewlot-as-wo"cled-in >AriR.les-FF-Rrrd-f3 -11- -lf Aft f recta t-of see Vies not) a rnNrr oQe. .OR-doeo-oet-xsrde-ta-rosuma-sick-werk based-cur+t-rexsoruJrle-belief-H-rs-uns<ke-or-deer-oat x ea--to-fesuma tc#r-Worlr-uudarsuch speetal eondntous-then-OW NEI>�-m ny-order-such-portmn-ot the-1; M-1hin Is-In-comitsaton-wvtk-such-hx dous cerniihcxror-ail-such-xII'ecEeJ-eras-to-br-deleted-from lifa Werl, if QVner-WrR-o.^..a GQN44� x�,ftleil^rt6ent"Ito OftiteixAdtlnt-HF 0XI; in or an adtustmem�l-any-in entrnet-1?rlee•or GentrRet-Pima' eet;g flat as ov4ded-tit Articles -1 1-arid-42-O WNkR-may-havesuch-deleted r,.,r.,o,, of the-!.`.'er, per;arnad-�y-Oal4iFiR's-Pwn lure"' (M mhdais-urReeordRtiee-wiW-Anivlaa- 4i-4-1 e4he-lultast-extant-permitted-by-I:aws-Rnd Regulnuons-OWNPR-shall-Irnlamm#g-rind-hold harmle% —CON 1 RA6I OR Subcontractors, 13dG7 NFER—FFdGfNEFR's-Consultant'-ancl-the officers, —directors —employees, —agents —other eeMultnnLs-aaJ-stilwoaKnctors-aFeach-and-any--of them-h om-x nJ-agm cot -a I I-e IRriltS-costs-losses�tnd iu-therchoni-, nd . i 4-shall-obhgete or-enuty-nort urid own neghgcree- 4->i The-provt toms-ot-Nragraphs 4 2 and-4 rare net-inteaJzd-to-Reply-to-\'basics-P6R5-Pztrekum; Hamalaus-W usta-Jr-liadiouc,hva-IVlnlerra]-uncoy cad cx-reyenladat-tic site I JCDCOI NI R V CONDI Il Ohb 1910A 09901 eniam W ❑ Il 01 1 uRl COI 11NS MODII IC1I IONS lid) y 4P0007 A,R 1 ICLE 5--BONDS ALM) INSUILINCE Performance, Payment and other Bondv 5 I 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 undo the Contract Documents Thest Bonds shall remain in ..ifect at least until one year after the date when final payment becomes clue except as prmided otherwise by Laws or Regulations or by ' the Contract Doc.ununts CONTRACTOR shall also famish such other Bonds as are required by the Supple mentary Conditions All Bonds shall be in the form prescribed by the Contract Documents except as pro%Ided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of Tompime� Holding Ccrtiticates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Remsunng Companies' as published in Circulm570 (amended) by the Audit Stall, Bureau of Government Financial Operations US Treasury Department All Bonds signed by an agent most be accompanied by a certified copy of such agent's authority to act 5 2 If the surely on any Bond tarnished by CON7 RACI OR Is declared a bankrupt or becomes insolvent or its right to do business is ternimmed in tiny state where any part of the Project is located or it ceases to meet the requirements of paragraph 5 I CON'l RACI OR shall within ten days thereafter substitute another Bond and siuety both of which roust beaooeptable to OWNpR 53 Li,enved Suretree and Insurers Certificates of Livurance 5 3 1 All Bonds and insurance required by the Contract Documents to Ins purchased and marntamul by OWNER or CONIRACTOR shall be obtained trom surety or insurance companies that are duly hccnsed or authon7zd inthe)unsdiCtion In which the Prefect is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance compnnes shall aka IoM such additional requirements and qualifications as may be prod ided in the Supplementan Condtions Sit (ONIRACI CAR shall deliver to OWNhl2 with croples in each additional insured identified in the Supplenierinry (,ondrions Certificates of msuitnme (and other evidence of insurance requested bs OWNER or anv other additional insured) which (-ON I RA( I OR is required to puichase and mmntsm In aLuordmn with paragraph 54 OWN€R shall dehv"r-to-4ONTRAGI OR-w nh-copies-to-..rich eddulonal-ImsuroJ-idenuliul-m-the �upplemmtxn� Conditions-ecrnhcm, s-of -insurance-(and-cHher ey iclencrot-msurunce-requested-hy-CONTRACTOR or-any-other-additionrJ-msuted)-which-064NI R-is required to pun haseand maintain m accordance with poingraphs5 6ands-44wnof LJ �J I CONTR ICTOR's I tabibgr Insurance E E I 0 iI n u 54 CON FRACTOR shall purchase and maintain such liability and other Insurance as is appropriate for the Work being perfonned and furnished and as will provide protection from claims scl forth below which may arise out Of or result from CON t RACI OR's perlomiance and furmstung of the Work and CONTRACTOR's other obligations under thu Contract Doauments, whahur it is to be performed or lurmshcd by CONTRACTOR, any Subcontractor or Supplier or by anyone directly or indirectly emplovud by any of them to perform or furnish any of the Work or by anyone for whose acts any of them may be liable 5 4 1 chum under workers' compensItion, disability benefits and other similar employee beneht acts, 542 claims for damages beanie of bodily injury, occupational sickness or disease, or death of CONrIL4C1 OR's employees, 543 clarms for damages lecausc of bodily injury sickness or disdasc or death of any person other than CONTI2ACTOR's employees, 5-4-4-clamis- for --"am ages-in.;,:a�j�ostomm7' persenal-inmy-liability c�age-w#neh-xrz-sastutned- (i)-by-any-pers m-us-u-result-ol-ruwfkenx+-dtraeNy-w indirectly -related -to the employment -of -such parson -by C-0?FTR�C-TOl�er (i+3ky-env-ethaF person for a"ny other reeson, 545 clauns for damages, other than to this Work Itself, because of injury to or destruction of Imngible property wherever heated, Including loss of use resulting therellom and 5 4 6 clamis for damages because of bodily injury or death of am person or property damage ar ising out of the mvnciship maintOum, or use of any motor vehicle fhe policies of msumnce so required by this paragi aph 5 4 to be purchased and maintained shall 5 4 7 with respect to insurance required by paragraphs S 4 1 through 5 4 6 riclusiee and 5 4 Q Includd as additional insureds (subject to any customary exclusion in respect of professional handity) OWNER, I NGINI FR, I NGINh CRc Consultants and am other persons of entities identified nI the Supplementary Conditions all of Whom shall be hstud as additional unuleds and mcludu coveiagc for the respective officers and cmplovees of all such additional msurc(ts 5 4 S' Include the specific coveraees and be written for not Icy, than the limits of habluy prov lddd in the Supplementer} Conditions of Icquucd by d aws or Regulations whichevet is granter s 4 9 Inuludlc ulnlplctdul op;mtions insurance, -iCDC (,LNI Itdl � ON A I IONS 19111 s 11990 L In ol I u/ CI 1 Y Of I OR r COLI INS NIODII ICL I IONS 1m V 4r 0001 5410 include contractual liability insurance covering CONTRPCTOR's indemnity obligations under paragraphs 6 12 6 16 and 6 31 through 6 33 5 4 11 contam a pre isfon or endorsement that the (overage afforded will not be cancelled, matenally changed or renewal refusal until at least thirty days' prior wrutcn notice has bum given to OWNER and CONTRACTOR and to each other additional insurud identified in the Supplementary Conditions to whom a c rtificatc of insurance has been issued (.end the cernficmcs of insurance furnished by the CONTRACTOR pursuant to paragraph S 32 will so provide), 5 4 12 rcmam in cfRct at least until frail payment and at all tunes thereafter when CONTRACTOR mayy be correcting, remov mg or replacing defecine 6Vork in accordance with pragraph 13 12 and 5413 with respect to completed operations imaran,e, and any insumncc coverage written on a claims -made basis, rcmam in effect for at least two years after final payment (and COITI RACIOR shall furnish OWNER and each other additional insured Identified in the Supplementary Condmon% to whom a arttficatu of insurance has been Issued evidence satisfactory to OWNER and my such additional msurcdl of continuation of such insurance at final payment and one year thereafter) OIVNLR's Ltabihly Insurance 5 5 In addition to fmurance required to be provided by CON 1 RAC OR under paragraph 5 4 OWNER at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own hahlhty insurance as will protect OWNER against claims which may arise tram operations under the Contract Documents Propertl Insurance >6--1Tnkss otherwise-provicied-in-the Supplemenmy Coridmons-O\VNER-saafl-pureFtnse-end-nwmml n properh�msumnce upon the Worka{-the site -In [he mnount ot-the-ful I-replacement-cost-thereof-tsubfect-to-such deductible -amounts-as--may-ba--t><ovtdad�:.�ha supplementary-FoacLnons-dx-required-Iw-I aws-rind Regulations)-This-iastrm half 561— include —the inerests Of G\k-NER- CONI-RA( TOR-,—Subeontmcwrs—E-,GDvkkR; 1sAG}AJklili's-C-onsulrnoLs-and-oay-rnlxv-par sons -du e>ritihus�dantd fed-m-ihs-Supplsmanmry-C-ondRlonv each ot-whom-"ftine"A havrnn utaxnhle-interest and shall br listed+Is an insured oryxkhtidxud Insured- 562 be-written-on-srBuiIdrf�s-Risk=all-risk"-or open -punt -or -spectral-( asses ol4uss-pohcu4,vm-that shall-tit-Icnst-include-Inswnncc-fol-physical-loss-or daninge to the-6Vork-Iampomry�l>uldmgs-falsew<Irk and-6Vork-m-cam n-and- sin I l-msu rc-age nisi-tit-f en s1 the-fol lowmc-pal i Is-t a e-lightning-untended f- LJ>r W C CI CI F P E n fl P H C� F H coverage-theft-vonJalum end-mnlwnws-mrxhreG eatihqual.e--coNapw-debrts-rcmeva I-dzmol Ition occnstoned-by-enforcement-of Iaiw"nd-lF egulat tons, water -dam nge�-end-each-other-pertls-as-m uv�z spseiCicoll}•-reyutwd by the Supplenicntaiy (ondrttR , -.aelude - (penws n- - -.` pair-eF lipwe-4e f:.;>.-�,r: h,irc�ea ofengmg-s not limited-to-fens--arid-charges-oF-engmzzrs-and xrC]Htecisy 5-b-4-aver-matzrnJs<rrrd egmpniem-storcdaHlw sH.o tv-aHtnolher,eention `,t..xs-xgFeed-t - rwrtung-by Irowded-float-such nuvertals-rind ecpaputent-leave-been melnded-m-mr"wi on l-' a) men• feaennnended by- GR,MER, and Sb3-ba-meinF...,,Ro,-sn'aet--unkd-€in 11 payment tnmle-unkss-ethe�grxd--Fe-m-wFarrtg-by 41Ll4FFk-FC-)N-I-RAF,kEtR-and-, nNG r. rc�. .r. tkmt-d�y �•eHse-to eituh-atlxr-atkhnoriul inguted .. c _ r_-tz-oFynsarar>ee-has-bazn Yfkr2d 3-7---OAq, -slier}-parehave-arnH»xi#xrn-,aaF `efle_ and-maehmery-u>.suntnce- )F RaI laienul-property-tnswnnee a 111H-ba-Fcr0r L-awv-raid-Regahinem-whreh-wtl l-trrs�Iude-the-tnteresLs-of 9W1, 9R-0Q-4T44. OR, SabuunttnaorF-EPIG{PiFF� 1 NA6;IIv`FFR's Gonsultantsand nny-other-pemoirs- ntiues identtfted-m4he4Suppkmerxaw-Gondruons-each-ofw u i deemedto have an insurableiriteresi-aml shnll-bz-listed-as innF-rRsurad- t{S—All-the$oheiesof-mwrenez{xnd thz rlifteutes or other-avt4eiw,IWwoO-required-10 Ix-pun,hnsaJ- d meiriHnrKJ-hy-AWNE&-Rt{tcsoFdnrroa-wah-puagmplts5 6 aml 5 7-will-contxurirprovision-erenlcxsement�.lixl-the wvarxgz-n ltorckd-w-dl-nu[ba-saneal Iz�-or-RieteFtnlly shlrngzdor-rrrirwxirzkveJ+RNd�u-1 wtil-lhmy-dais;-prwF w9tten-noun -tins-been-given-to-F) W NER-Hnd CON I RAGI OR-and-to-each-other-naklnioml l-insured-to whoiii a eertifwite-of�4nsumnce-has-bcen-issuedand-will contain %N mF er-provrs roes-m-n cavJn n.,e-cad h jwr graph 5-1 F 59 OWNLR shall not be responsible for purulmsmg and maintaining any property insurance to protect die interessts of CONPRACTOR,-SUbLOntnldor5 of others in tire-Wnr6-to hnt-are rclennlieal-m-the ,Stlpplemeruary-6e>nhuurr -I hrnsl of loss wuhm such-idenntwd deehwubhwnrountrw ill be -borne IBC4Nq- U16i8R-MI ,aFNraskn-er-0 harms-sulleF o[iRg such-Ioss�nJ-d-env-ol-them-w ashes-property-mew»nee wvei age-w ithi n-the-het rta-ol-wash-amount-,-enuh-may purchase and maintain net th�purehasee, own elpzose t-U)-Ft-60PNRAG6RR-reyuestrm-wrrnn� lhnt-other slxmo I-iasumn�c-lax-i rtr-ludecl-i n-the-propr. nv-rnsurrmce Ixlhues-prov rdc d-undm-pamgmphss G-or 5-7-OWNER she I I-i t-pr�,v biz,-1 n:ludz-such-msurnrn:e-a nJ-[he-ecrt thereol-ivdl-ba( hirgW4o COl FI Rr\GTUR-bv-npproprhile C-hango-nr der-oi-�in Iran-AmaneLnen�-Rnui-to 1 U LJCI)C.bLNI RAL COND1 IlONS 191111 (19901 Gina» wICIf 011 ORTCOLLININIODII ICATIONSQR V12000 commencement-of-thc-Wc)rk-at-tha"rte-OWNER--hul I-m w ung advtw CC4NTRASTOR-whe4her-or-act-such-other tnsumnce-hus Fernprocured by QWNFR- 5-11--;Vaiver of Rigkra- 3-11 ram^=,-r'^�E-R�lL-9N-T-R iC-TAR-rntendthxt-xN poHsws-pur:Atty ml i er�,arcktrtE� tmd-7-w+ll-prata.t--9WNF-GDRASTOR; SubeentrmteF•aC-4,N.'(z.FNEE� EPd61AFEER's E0n5tlil0fltSafMiHii-6o..,. r,.,FSaPS-OFenutiab identified m-thn-Supplenizatary-fcxtdnrons-tow-Fetzer-as insureds-eF-xeklitiorurl-nsered sa rpolietes-arid "Al -Provide- pi ninin `Love rR e-`.op-an-.c- ad damages-causeel-by-Ihe-pad s-ccwered4hereby-All sueh-palters'4vhnFFeomaar-prewtsmnstethrzlkeHhat m-the-avenF-d-pn}nient-of-any-loss-orlon age -the msuHn wiN-havemo nghiaof reeoveryegainst arty of .Aha>-+lad-thwr-re•,pzstnn--of{fealr,; diFeetors-employees-cad-agen•S FOF All Find <himages eaustcl-by,-ar,�r�Out Of OF FeW 4ag4Fom any-OFthe-peril,, Pe *n d-by s �h-p...mleSimd-aay f�y-ifl$ami11-t}applrbohltl lro4he rll.._I iFr-adchuorwarva-all-such--Ftgkts--agemsp Soburxluastars; I:NGIPNF: IN fonsulixmsandall-eikwr-parsc>ris-or-arkNiasidanlitied tnr the -Supplementary-6enJtfiorvv--ko-ke- listed --es tnsure&eFadditonn insuted- carder-such-pcdiew&-for Io Ees-and-dnmages}n>-caused--PFonz-uf-the-above waivers the-Flees,-t{xiE-airy-y>Frtty mnk irtg-such-wa wa-mar-hive-to-ilia-pra'recls-ef msuranca-held-Ica-n'�'P'�Eti-lie-irastez-or-oihenvwe payxbl�under-airy-pole.--% ill] ed- -In-addition -(T W Nl8R wit rvas-al l--rights RVI rist CO•N7-RtV6TORG SutrcaF;na:.dow, ENGfNEER-LNGI P1 EER's-Coreultanls-and-the otitsers-dtrz.,nirs-zei pbyeas-amd-ogzms-atf-any-of them- toF 5-H :-1—loss due to bustrro mtertuptron-lo s of-use-cx-other-w twquamial-loss-eatcrrdmg beyond-direct-phywun l-loss-or-ain magi -to OWNFR'�-properly-o-thz Work aused-by, arising out of or-resultingfrom-fire er-other-penl- whedier-oFrxiHnsirzd-b} (-1�4NIsl�and 4-4412 los"w-daniage-to-Ow winplcled l+re�eut-eryanrE-the+aot-aaaseaLby-Rr+stno ax-at-or resalun� From-fire-ex-ether-msureJyxr d uwered by -a ny-propany- inset once -aim ntnmed-on-the uwRpletxl-t)refzet -er-part-ihareot-by-U W'NlaR doting-imrttnF--un banner+--pursuant-lo I>magixplrl4-IF>-ulter�Substannxl�:omplanan pursuanito Islragr.rph44 S or-9fter4iin l-payment pursunnt-to pmagi n ph-I4-1-1 My-mwrancz-pt,nuy—tnawatrRd-hv��CV^ IER-cuwnng nny-loss,-damage a -eons vluanual-los4raloiral-to-irrlhis IxiragraphS-11=shall central provisions to the elteet-that uNhn-oa cal-of-paynt. n1-of-an}-such-loss-dnmagz-cv umseyuznnal-loss-the-mew ors-w J I -hay o-no-i fights-ot n Nq L�J , H I% 1i 1 E N H I 'L' A I SECTION 00020 INVITATION TO BID Date October 2, 2007 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 October 23, 2007, for the Utilities Roof Replacement, BID NO. 6071 If delivered, they are to be delivered to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado, 80524.'If mailed, the mailing address is P 0. 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 6071 Utilities Roof Replacement 2007, the Contractor shall furnish and install a GAF 0 060 mil White TPO Energy Start fully adhered membrane roofing system. Contractor shall be responsible for removal and proper disposal of the existing roofing systems down to the building deck 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 Contract Documents will be available October 2, 2007 Highly recommended is a prebid conference and Dob walk with representatives of prospective Bidders to be held October 11, 2007 at 10-00 a m at 3036 Environmental Drive, Fort Collins, CO for the Pollution Control Lab (PLC) roof After the PLC Lab walk-thru, Bidders can then travel to the Water Treatment Facility at 4316 W Laporte Ave , Fort Collins, CO for a walk-thru on the Filter Gallery Roof Prospective Bidders desiring access to the Water Treatment Facility will need to provide names and phone numbers of all personnel entering the site Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting 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 07/2001 Section 00020 Page 1 1 J I IM' v -A H H L C 1�1 L l 1 rl l'^ 1 E -11 rmovffy-agamst-any-oGSONTRASTOCi-SuLx,ontraoto , �tE3FNEFI2,-fiFIGiNF�R's-Crxtsultems-and-the-efLcers directors, employees and-0gemsof nriy-of them - Receipt and Application of In wrance Proceedv 5 12 Any insured loss under the policies of insurance required by paragraphs 56 and 57 will be aedjustel 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 513 OWNER shall deposit in it 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 cached the damaged Work shall tor; repaired or replaced, the moneys so reccived applied on account thereof and the Work and the rest thereof covered by an appropriate Change Order or Written Amendment 513 OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occuircnce of loss to OWNLR's exercise of this power 11 such objection be made OWNER as fiduciary shall mako settlement with the insurers in IL,ordanee with such agreement as the parties In interest may reach It no such agreement among the parhos in interest is reached, OWNER is fiduciary shall adjust and settle the, loss with the Insurers atatL-tf ,equated in writing bv ariv, )erty-m interest-O WNv'Isti-us-fidumary�ha li-give-bond-for-the pratx�partennr>�eafsuC#dut+xs Acceptance of Ron(Ls and Isurance, Option to Replace 514 If either-party-fF3WNEL2-or-f_ONLRAGIOR) OWATE.R has env objection to the coverage afforded by or other provisions of the Worlds -or insurance required to be purchased and maintained by the oilier—pany CONI RAC OR in accordance with Article 5 on the basis of non-conformance with Iho Contract Documents tlw objecting partrslml][ sir nohky-the otheFpHrty OWNER will now CONTRACTOR in writing within ten fifteen days afh.r recotpt delivery of the certlficntes (or-ether-evulance requested) to OWFR as requited by paragraph27 O\VNL-R-and-GO?d7-12AC�'OR--steal I-em:h-provide-to-fife o[har�ueh-add a tuna 1-m form ohon-m-resp)ce�ot-insunxtce pnwKIed­ns41h,-ether-- may -tease ftbly-i quest If either party-ddxs-not-pwehxse-dx-mx rate In-xl l-ol-the-Ilonds-end nsuraaee-required--of-sdmh-Inrtv-bv-tha-Conk act ate--party--skill-ndxrfy--the-other litrve in wnhrtg-ol-sueh-lntme-to purchase-prter-to,he stmLol-the Work-or-oGsuch-firs{urn-tee-mnmtan prior-tnany-change-rn the-raqurrecl-eever a-U4fhout-px'fud+se-to mrw-other-r ight or-remedy-Elie-outer-party-miry-eleeH<> olxam equ+vnlent Botrds er-msarence to protect -such other-paaty-s interests at the ex s-ose of -thy partv-wfio wasrequired In pwt+cle such covemge,-nnds Change Orchr-shall-be-issued-to adjust -the COntraet-PT1G LL0o1dangly- Pmtial Unle;gtion--Properip Insuimae 5 15 11 OWNER finds it necessary to occupy or ux a portion Or poroons of mho Work pnoi to Substantial UMC GI NI RAI CONDI IIONs 1910 S t1990 Ldi(ian e/ CI IY OI I ORT COLLINS AIODII ICA rIONs IRI \ 40000) Completion of all the Work, such use or occupancy may he accomplished in accordance with paragraph 1410, provided that no such use or occupancy shall commence before the insurers pro\ it ng the property insurance have acknowledged notice thereof and in venting effected any changes in coverage necessitated thereby the insurers providing the property insurance shall consent by endorsement on the poley or policies but the property insurance shall not be cancelled or pernutted to lapse on account of any such partial use or occupancy ARTICLE 6--CONTRACIOR'S RESPONSI HIU I I ES Supenasxon and Superintendence 61 CONTRA( --FOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and cxp itse as may be nec,ssary, to perform the Work in accordance with the COnhael Documents CON I RAC 1 OR shall be solely responsible for the means methods techniques, sequences and proeeduas of construction, but CONI RACTOR shall not he responsible for the negligence of others in the desteri or specification of a specific means melh0J techmque, sequence or procedure of construction wluch is shown or indicated in and expressly required by the Contract Documents CONI R-ACI OR shall he responsible to see that the completed Work complies accurately with the Contract Documents 62 CONFRACTOR 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 1--NGNEER e.%ccpt under extraordm ry circumstances the superintendent will be CON I RAC 1 OR's ieprestntahvc tit the site and shill have authority to act on behalf of CONIRACTOR All wmnmmcations to the superintendent shall be as binding as if given to CONT RAC I OR I abor, Materials and Lqur/rurent 63 CON rRAC FOR shall provide competent, smtahly qualified personnel to survey I out and construct the Work ins required by the Contract Documents CONIRA( )OR shall tit rill times mamtam good discipline and order at the site EuepB as otherwise required for the sateq or protection of persons or the Work of piopety tit the site of adjacent thereto, and except is othencrse indicated III the Contract Documents all \b'oik at the site shall be pertonned during regular working hours and (.ONFRACIOR will not permit overtime work or the pertnrinance of Work on Saturday Sunday or any legal hohdny without OJ M,R's written eonSerll green after prior written notice to ENGNFER C ONI RAC FOR shall SUN11 t inquests to the FN6TNFFR no less than 48 hours In ­,deance of am Work to be p.domtel on Saturday Sunday Holidays or outside the R=lx Wol k mu (l ours W I t H a H H u ry F E ull u N 4 LIJ 64 Unless othurwmsu spLia&d in the General Requirements CONTRACTOR shall Furnish and assume full responsibility for all materials, equipment, labor, transportation construction equipment and machinery, tools, appliances fuel power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other fauhties and incidentals necessary for the furnishing, lxrfonnance listing, start-up and wmplLtion of the Work 64 1 Rirchasmn Rewtnetmns CONTRACTOR must comply with the CiNs purchasing restrictions A copy of the resolutions an, available for review in the offices of the Purchasing and Risk Mannaerrient Division of the City Clerk's office 642 C tent Restrictions City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products Containing cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel 6 s All matM1nals and equipment shall be of goal quality and new, except its otherwise provulLd in the Contract Documents All warranties and guarantees specifically called for by thu Specifications shall expressly run to the beneut of OWNER It rbquirLd by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of rLguired t(,sts) us to the kind and quality of materials and equipment All materials and equipment shall be applied installed Lonnmted erected used, cleaned and conditioned in accordance with instructions of the applicable Supplier except as otherwise pros tided in the Contmot Douimenls Pingresx Schedule 66 CONTRACIOR shall adhere to the progress schedule established in accordance with paragraph 2 9 as it may be adjusted from time to tone as provided below 661 (-ONTRAG FOR shall wbmM1 to LNCINFFR for acceptance (to the extent Indicated in paragraph 29) proposed adjustments in the progress schedule that "Ill not change the Contract I uncs (oi Milestones) Such adjustments will conform generally to die progress schedule then In etfeLt and additionally will comply with any provuuoru of the General Requirements applicable thereto 662 Proposed adjustinents in the progress schedule that will uhI%, the Gontract Imies (or Milestones) shall be submitted in ducord.mce with the it-quuemenLs Of paragraph 12 1 SpLlm adjustments may only be made by a (-hange Order or Written Amendment in aaot dance w ith At title 12 67 .Subantutes and "O)-Equal" Items 67 1 Whenewer an item of material or equipment is speedied o1 desurmbecl in the Contract Damnents by using the nimL of a pntpuLtary item of the name of a partlLular supplier, the speCiiLdtion or description is intended to establish the tyli,,, function and quality reguirul Unless dib 9peudication of description I XI)C 1,FNhR AI CONINII ON% 1910 % r199111 dmreU 12 ,I/C=of lORI COI I MMODIIIL IIONsda w 1e0007 contains or is followed by words reading that no like, equnalent or "or -equal" item or no substitution is permlMd, other acres of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances 6711 'Or -Equal" If In ENGINEER's sole discretion an item of matbnal or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be requited, it may Lc considered by ENGINEER Its an "or<qual" Ia.m In which case review and approval of the proposed item may, in ENGfNEER's soh, discretion, be accomplished without compliance with some or all of thb requirements for acceptance of proposed substitute ncros 6 7 1 2 Substrlute lienu If in ENGINEER's sole discntmon an item of material or equipment proposed by CONTRACFCIR does not qualify as an "or -equal' item under subparagraph 6 7 1 1, it will be comrderrd it proposed substitute itern CON IRACI OR shall submit sufficient informs on as provided below to allow ENGNEER to dlCtemlmL that the item of material or equipment proposed is essentially equivalent to th,it namal and an acceplablc substitute therefor The proeedun for review by the ENGINEER w d1 uicludc the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the anumsti nces Requests for revtcw of proposed substitute items of material or equipment will not be accepted by ENGrNFER from anyone other than CON IRACI OR If CON IRAC I OR wishes to famish or use a substitute item of material or equipment, CONFRACFOR shall fast make written application to ENGINCFR for dLaplanLe thereof certifying that the proposed substitute will perform adequately the functions and adIILVe du, rusults Lolled for by the general design, lx, similar in substance to that speLlfied and Ix: suited to the some use as that specified I he application will state the extent, it any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time whether or not aweptdnl Of the substitute for use in the Work will require a change in any of the Contrail Documents for in the provisions of any ether direct Contract with OWNER lot work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in Lonnection with the Work is subject to payment of one hLeme tee or loyalty A71 variations of thL proposed substiuite from that specified will be uienuhed in the application and asadable ni mtenance, repair and replacement service will be Inclieatscl The application will also contain an itemmaul estimate of all costs a credits that will result dueatly or indirectly from acceptance of sIlLh substitute mcludtng eats of redcsmgn and claims of other LOlnractors affected H C F by the resulting change, all of which will be CONTRACTOR shall perform not less than 20 considered by ENGINEER in valuating the Ixiccnt of the Work with Its own forces (that its, proposed substitute ENGINEER may require without subcontractag) The 20 percent requirement CONT RACTOR to furnish additomil data about shall be understood to refer to the Work the value of the proposed substitute which totals not less than 20 percent of the Contract Price 6 7 1 3 CONTRACTOR's Expense All data to be provided by CONTRACIOR in support of any 682 II-tFw-Stry>plamanulry--Gendiuons duldm proposed "or -equal" or substitute tcm will be at Documents requrn the +ekntity of certain CONTRACTOR's expense Subcontractors Suppliers or other persons or orgamzatlons (including those who are to furnish the 672 SuNistute Cenutnuehon ,Vlethcai or principal items of materials or equipment) to be Procedures It a specific means, method, technique submitted to OWNER tired-.-af�peet6rd sequence or procedure of construction is shown or date prior to the Eflcctive Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER tad ENGINEER, --al Documents, CONTRACTOR may famish or unlize a CgNTor,m.GP.c-^" `-s-subs tied a list .L.h eaf m substitutc means, method, technique sequence or acfordancs-with-the-SuppWmeatary--Eeneht+ons. procedure of construction acceptable to ENGINEER OWNER's or ENGINEER's acceptance (either in CONTRACTOR shall submit sufficient information to writing or by tailing to make wnten objection thereto allow ENGINEER, in ENGINEERS sole discretion to by the date indicated for acceptance or objection in determine that the substrate projxised Is equivalent to the bidding documents or the Contract Documents) of that expressly called for by the Contact Documents der-Supp4+eFor -- :�;-r;orser�er The procedure for review btu ENGINEER will be organization ,e,�' a--nfied-nifty be -revoked on the similar to that provided In subparagraph 6 7 1 2 basts-ef-raesonnblu-okyest+.;: ' `,-,.,F" luwavcwt+gatwrp ..L.. m 6 7 3 Engrneer's Evaluation ENGINEER will Is. u^��L-i—m �Cvrll!ITDA .nGR sec'-�ya.`�',�---ubsNiate " ter' �tae Price will be allowed a reasonable Fate within which to evaluate adµ -red by-thin-dtGfinenre-in- the -uast-aea rcmed-by each proposal or submittal made pursuant to sucM,ubstttat+en-and-aa-apprepriatrbhnns8' paragraphs 6 7 12 andl 6 7 2 ENGINEER will be the will -be -geed -or 3A Fi ien-Amimrtlmmx-signed- will sole judge of acceptability No 'orequal" or constitute a condition of the Contract requiring Ihz suhstute w ill be ordered Installed or utilized without use of the named subcontractors, supphms or other ENGINEER's prior written acceptance which will he evidenced by either a Change Order or an approved persons or organization on the Work unless prior wnttdn approval is obtained from OWNER and 1 Shop Drawing OWNFR may require INGINEER No acceptance by OWNER or CONIRACIOR to tumrsh at CONFRACIOR's ENGINEER of any such Subcontractor, Supplier or expxmw a special performance guarantee or other other person or organization shall constitute a waiver surety with respect to any "or -equal" or substitute of any right of OWNER or FNGINEFR to reject FNGINrEER will record time roqunred by defeohve Work ENGINEER and ENGINEER's Consultants in evalumm, substitutes proposed or submitted by ( 9 CON RACT OR pursuant to paragraphs 67 1 2 and 672 and in making changes in the Contract 691 CON rRAC I OR shall be lully responslblc to Documents (or In the provisions of site other direct OWNER and ENGINFFR for all acts and omissions contract with OWNFR lot work on the Project) of the Subcontractor, Suppliers and other persons occasioned thereby Whether or not INGINEFR and orgamzanons performing or furnishing any of the accepts a substitute tan so proposed or submitted by Work under a direct or indirect contact with CONTRACTOR CONTRACIOR shall n.umbuse CONI RACI OR just is CONTRACTOR is OWNER for the charges of ENGP�IEER and responsible for CONTRACIOR's own acts and FNGINFFR's Consultants lot evaluating each such omissions Nothing fit the Contract Dcicunents shall proposed substitute item create for the bench of any such Subcontractor, buppher or other person or organization any 68 Concerning Suhconlinemn Suppherc and contactual relationship between OWNId2 (i Others ENGINFFR and any ;uch Subcontractor, Supplier or other person or organization nor shad] it create any 6 S I CONTRACTOR shall not cniploy any obligation on the part of OWNER or ENGINFFR to Subconu actor, Supplier of othet person or organvahon pay of to see to the pryment of any moneNs due any (acludag those acceptable to OWNER and such Subcontractor Supplier or other p,rson or ENGINFFR as indicated fit paragraph 6 8 2) whether organization except as may othcnuisc be required by Initally or as a substitute, igmnst whom OWN I,R oI Lnwsand Regulattons OWNI Roi I,NuINFI�Rmay 1NGNCER may Inn, neaoanable objection turmsh to any, subcontractor, sappier or other eC rson e CONTRACTOR shall not he requited to cniploy any Subcontractor, Suppliet or othcl person ororgnmzntnon or oreanization evidence of amounts paid [o CON I_RACI OR inlicaccordance with toturmsh OF pn crton arp of the Work against whom C.0 ) N [ RAC 1 'S " ORAppations for Paymant CONTRACTOR has reasonable objection LJCDC GENLI(M CONDITIONS 191"(1990 Mlitio 13 a/ Cl I Y Of I Olt I COL I INS NIODI I I(,11 IONS ,I21 V MOO) 0 I Es H LJ E t J C P 692 CONTRACTOR shall be solely r,sponsiblc for scheduling and coordinating the Wort. of Subcontractors, Suppliers and other persons and orl; m citrons pLiTormuig or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CON l2ACT OR shall require all Subcontractors, Suppliers and such other ptssons and orgamaations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6 l0 The do mions and sections of the Speclfa.atlons 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 specihc trade 611 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 speulically hinds the Subcontractor or Supplier to the applicable terms and conditions oC the Contract Documents Tor the b,ncht of OWNER and l:NGfNkI:R Whar-i er-arty such igrawwnt Ism.-ith-e�ubceaEreter-er-Supplier-whris-Itstl-as-an addttlexud-nvnreo��;,�prulxrty-msurxrn;e-plwided-I n pemgreiphs-S6-a: <'', '' Igreeluent'etwetm he r-or�upplteFwill emitxin precisions -whereby -the Snbc tr+ tw-or-Supl,]wF wuivns--till--rights-agaves' ENGINEER—EN6Iid13Eo�Gonsultants-end-m II-ot{rer adAlnentil msureds�Tcr-:lf�-rind-dmueges asusxd-by, arising out-ol-or-resulting-from any of -the perils covered by such policies end any ^•c. xiawtrwraacax ilicable4o m�^r�^=fit te1 r._ r.r,.o-r r., nwrers-c>A-say-�,yolr-po4lele,-'erydty separate -waiver -terms to be-stgned-byeiny-Subcon mattr-or SupphaF60N-}-RAG i (R-wN ifs o HauNM wme- Patent Fees and Roj alties 612 CONTRACTOR shall pay all haense fees and royalties and assume all costs incident to the ux, Or the performance of the Woik or the urcogxxation in the Work of anv invention, design, prneess product or device which is the subject of patent rights or copyrights held by others If a particular invention, design, process, produce or des tie is specified in the Contract DOCUMLins for use in the perfornmance of the Work and it to the actual knowledge of OWNER or ENGINFhR It% use IS wblu,t to parent rights or copyrights cslllng for the pavnment of any hcwhe tee or royalty to others, the existence of such rights shall be disclosed by OWNER In the Contract Doounm ra% I o di, fullest extent permitted by I ass and RLgulauonS CONIRACTOI2 shall mdemmfv and hold harmless OWNER FNGRTFFR FNGINI-,FR's Consultants and the officers, chrectols, employees, agents and other consultants of each and any of them from and against all chins Costs losses and damages arising out of of icsultn, from any infringement of patent rights of copy rights incident to the uSa in the p.rlonndncc of the Work or Icsulting Tom hmc Incorporation in the Wmk of am imcnnon, design process product or deuce not specified in the Contract Documents I4 LJCM(J N1a LRAI CONDI IIONS 1910119V1 anon) w/ O N 01 1 OR I COLLI NS V ODII ]CAI IONS IRLl 4Qa001 Pernrds 613 Unhss otherwise provided in the Supplemeratary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses OWNER shall assist CONIRACTOR, when necessary, in obtaining such permits and licenses CONTRACTOR shall pry all governmental charges and inspection lees necessary for the prosecution of the Work, which are applicable at OIL time of opening of Bids, or, if there arc no Bids on the Effective Date of the Agreement CONTRACTOR shall pay all charges of utility owners for connections to the Work and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant mvesmwnt fees , 614 Laxs and Regulations 614 1 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnisfung and performance of the l\ork Fswpl where otherwise expressly required by applicable Laws and Regulations, nerthcr OWNER nor ENTGINBER shall be responsible for monitoring CONTRACIOR's compliance with any Laws or Regulations 6142 If CONTRACTOR pertom, an} 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, wising out of or resulting therefrom, however, it shall not be CON I RAC I OR's primary responsibility to make certain that the Specifications; and Drawings are in acwrddnO, with Laws and Regulations, but this shall not mheve CONTRACTOR of CON I RAC I OR's obligations under paragraph 3 3 2 l axes 6 Is CON I RACTOR shall pry all sales conwmer, use and other sundar urxcs required to be paid by CONS RACIOR in accordance with the Laws and Regulations of the place of the Prolcct which are applcnble during the performance of the Work 6 1 i I OWNER is exempt from Colorado State and local sales and use tastes on materials to be pernianentl ° rncoipom ed into the nndect 4tid taxes Shall not la, included in the Contract Pncs CONI RAC OR must ap1J for, and rocerve d (.artifrcate of Pxenption from the Colorado Department of Revenue for construction materials to be hop simlh mcorpnrated Into the Proiect This (.eitrfi Lali011 of Feemption provides that the CONTIL\CI OR shall neither pay nor include in his Dal, Sales and Uu. Tastes on those building construction niateimis physically mcorporated Into the n�olout Address Colorado Dcpdrtment of Rcecnuc State Capital Annex F. V H F E J Hi 11 fi I 2 L`J W I 1375 Sherman Street Denser Colorado 80261 Sales and Use, Taxes for Inc State of Colorado Rectorial Transportation District (RTDI and certain Colorado counties are collected by the State of Colorado and are mcludcd in the Ccrtrfication of Exemption All apphcabic, Sales and Use Taxes (includine State colk,ded taxes), on any items other than construction and buildine matenals physically incorporated into the rvojcet are to be paid by CON I RAC FOR and are to bu included in appropriate bid items Use of Prenuces 616 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 pernintul by Laws and Regulations rights-ol-way, permits and casements and shall not unreasonably encumber the premises with construction equipment or other materials or equipment CONTRACTOR shill assume full responsibility (or any damage to any %itch land or area, or to the owner or occupant thereof or of any adjacent land or an,as, 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, CON FRACI OR shall promptly settle with such other pain by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or it law CON] RACTOR shall, to die fullest extent lxemawd by I aws and Regulations, mdenmdv and hold harmless OWNER LNGINELR ENGINLER's Consultant and anyone directly or indirectly employed by any of them from and against all claim S, costs losses and damages arising out of or nsulting from anv claim or action, legal or equitable brought by any such owner or Occupant against OWNLR, ENG INLER or any other party mdemmfied herwnde.r to the extent aimed by or hascd upon CONTRAC I OR's performance of die Work 617 During the progress of the Work CONI RAC[ OR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting hour the Work At the completion of the Work CON RAG I OR shall remove all waste materials rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and MLInnery and surplus matetlals CON rAACTOR shall leave the site clean and ready for occupancy by OWNI R at Suhstintml Completion of the Work CON 1 RACI OR shall restore to original condition all property not designated for alteration bN the Conuact Documents 618 CONfRACI OR shall not Ind nor purrit any part of any structure to be loaded in am manner Ihat all endanger the stnuuin, nor shall CON RACI OR subp.et any part of the Work or adjacent property to stnsscs or pressures that well endanger It Record Documents t JCDC OI NIRAL CONDI HOM 1910 91I9901 dman sow1CIIYOI I ORT COLLINS NIODII ICVIONS(KL% 1r000) 619 CONTRACTOR shall maintain in a safe place at the site one record copy of all Draamgs, Specifications Addenda, Written Amendments Change Orders, Work Change Directwcs• Fadd Orders and written interpretations and clarifications (issued pursuant to paragraph 94) 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 compldron of the Work, and prior to release, of final r)ayment these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER Safety anti Protection 620 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connecticm 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 620 1 all persons on the Work site or who may be aticcted by the Work 6 202 all the Work and materials and equipment to tiu incorporated therein, whether in storage on or OR the, site, and 6 20 3 other pioperty at the site of adjacent thereto including trees shrubs, lawns walls, pavements, roadways, structures utilities and Underground Facilities not designated for removal relocation or replacement in the cua,;o of consuuclnm CONTRACTOR shall comply wah all applicable I aws and Regulations of any public body having)unedlction for safety of persons or propuny or to protud them Iron damage, Injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection CONI RACI OR shall notify owners of adjacent property and of Underground Fambues and utility owners when prosecution of the Work may atfcot them and shall cooperate with Incur in the protection, removal, relocation and replacement of their property All damage, injury or loss to my propel ty referred to in paragraphs 6 20 2 or o 203 caused. dlreoilv 01 Iaduedly In whole 01 in part, by CON I RACI OR, anv SUlxontracOr Supplier or any other person or organizmon directly or mdirwly employed by any of them to perform or furnish any of the Work of anyone for whose 20s my of thwm may be liahly shall he remedied by CON I RAC I OR (escupt damage or loss attributable to the fault of Drawings of Specifications or to the acts or omissions of OkkFNFR of I NGINFFR or FN(dNhI•R'q Consultant nr anyone employed by any of them or any one for whose acts any of therm may be, Ilablu and not attributable, diectly of indirecth In whole or in part, to the fault or negligence of CON I RAC I OR of any Subcontractor, Supplier or other parson or Organization clueeth' or mdnuclly employed by any of their) CON I R ACTOR's Junes and Iuspnslblhuus for the salety and protection of the 11, ork shall commuc until such tune as all the Work 1%completed and FNIGM-FR has Issued a 15 I A LJ L -11 Hi I; 9 0 Ili H notice to OWNER and CONTRACTOR in accordance with paragraph 14 13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion) 621 Safety Representative CONTRACIOR 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 supervtsmg of safety precautions and programs Hazard Communication Programs 622 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations Emergencies 6 23 In emcrganctes affecting the satety or protection at parsons or thc, Rork 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, mlury or loss CONIRACTOI2 swill give ENGINEER prompt written notice it CONTRACIOR believes that any significant changes m the Work or variations trom the Contract Damments have been caused thereby It LNUINLLR determines that a change in the Contract Documents is required haoause of the action taken by CONI RAC I OR in response to such an emergency a Work Change Directive or Charge Order will be issued to document the consequences of such action 624 Shop Drawings and Samples 6 24 1 CONIRACI OR shall submit Shop Drawings to CN(,INFFR for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2'9) All submdtals will be identified as FNGINLLR may require and in the number of copies specified in the General Requirements 1 he data shown on the Shop Dmwmgs will be complete with respect to quantities, dimensions, specified pertorniance and design criteria, msteimis and similar data to Show FNGINFFR the materials and equipment CON I RACTOR proposes to provide and to enable FNC,INhPR to review the information for the limited purposes required by paragraph 6 26 6242 CONI RVTOR shall also submit Sanipl, to FNCINFFR for rovrcw and approval in accordance with surd accepted schedula of Shop Drawings and Sample submittals Each 5rmplo will be identdad clearly as to matonal Supplier periment data such as catalog numbers and the use for twhrch intended and othrnvue as ENGINLER may rngwre to rnible FNGiNFFR to review the submntal for tic hiurted 1 lb r]6DC OCM RAI (, O:IDIl10x119106 t19Yn LiLnonJ m/ (I FY OI 1 OR COI I I VS a1JUl1 ICV 1 b VS fltl t IR0001 purposes requncd b) paragraph626 The numbers of each Sample to be submitted will be as specified in the Specifications 625 Su6mdrd Procedures 6 25 1 Before submitting each Shop Drawing or Sample CONTRACI OR shall base determined and vcnfied 62511 all field measurements quantities dimensions, specified performance criteria installation requirements materials, catalog numLers and similar mlormabon with respect thereto 6 25 1 2 all materials with respect to untended use, Cabrtcauon dripping, handling storage, assembly and installation pert mmg to the performance of the Work, and 62513 all information relative to CONTRACTOR`S sole respambihucs in respect of means methods techniques sequences and procedures of constnrciton and safety precautions and programs incident thereto CONTRACIOR shall also have resawed and coordinatui each Shop Drawing or Simple 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 mdter tion that CON I RACT OR has satisfied CONTRACI ORs obligations under the Contract Documents wah respect to CON RACT OR's review and approval of that suhm coal 0253 At the time of each submission CONTRACTOR shall give NGINLER slx.wfir wanton notice of such variations d any that the Shop Drawing or Sample submitted nary, have from the requirements of the Contract Documents such notice to be in a written couimumution separate from die submittal and, in addition, shall cause n specific notation to be made on arch Shop Drawing and Sample submmed to FNCENLhR for review and approval of rash such van man 620 FN(,INFFR will iciteit snd approve Shop Drawings and Samples in wcordance w nth tic schedule at Shop Drawings and Sample submittals accepted by FNG INFER as required by 1,utemph29 FN6AFBR's review and approval will be only to determine if the items covered by the submittals will after installation or m.orporation in the Rork callomi to the inlonnation given in the Contract Documents and be compatible with die design ooncept of the oonipleted Project as a tunchonmg whole is mdR,nul by the Contract Documents FNCINFER's revrrw and approval v di not extend to means methods techniques sequences or pnurdures of comtrucnon (cscept whore a particular means method technique sequence nr procedure of M I n F J 9 1 i Ir M Y F ��y M, construetton is specifically and expressly called for by the Contract Documents) or to safety precautions or programs mordent 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 ENGINEFR, and shall return the risiin cd number oS 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 CONIRACI OR from responsibthty 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 wnften notation thereof incorporated in or accompanying the Shop Drawing or Sample approval nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying is rth the requirements of paiagi aph 6 2S 1 628 Where a Shop Drawing or Sample n required by the Contract Documents or but schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph'9 any related Work pertormcd prior to ENGINEER's review and approval of the pertment submittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Nark 629 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNrER No Work shall be delayed or postponed pending resolution of any deputes or disagreements, except as permitted by paragraph 15 5 or as OWNER and CONTRACTOR may otuerwox agree in writing 630 CONTRLCfOR's Ceneral ifumanty and Guarantee 6301 CONTRACTOR warrants and guarantees to ( 'N' ER, INGINFER and ENCINELR's Consultants [lull ill Work will be in accurekmce Ni Ith the Contract Documents and will not be Jefecnie C ON I RAC TOR'c wanTray and guarantee hereunder escludes detects or damage caused by 63011 abuse modification or improper maintenance of operation by parsons other than CON I R l( I OR, Subcontractors or Supphers, or 631t 1 2 normal wear and teat under normal usage 6 30 2 ( ONTRACI OR's obligation to perform and complete the Work in uocordsnce with the Contract Documents shall be absolute None of the tollowmg will constnutc, in acceptance of Work that Is not in I IT DC OLNI:R AI COADI rIONS 19J U 8 (19901 Ae1aN W CIl1 Ot 1 OR CO1 I WbMODII IT- AIIONS (It LVJnu00) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in Tarot dance with the Contract Documents 63302 1 observations by ENGINEER, 63022 roconmtendanon of any progress or final payment by ENGINaR 63023 the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents 63024 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 63026 any review and approval of It Shop Drawing or Sample submittal or the issuance of a notice of acceptabdity by ENGINEER pursuant to paragraph 14 13, 6 30 2 7 any Inspection, lest or approval by others or 63028 any tort ,tion of &fectrve Work by OWNER Indemnification 631 10 the fullest extent permitted by laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER, LNGINEER, ENGfNEER's Consultants and the officers directors, employees, agents and other consultants of each and any of them from and agarnat all clams, costs losaits and damages (including but not limited to all fees and outages of engineers, architects, attorneys and other professionals and all court or intimation or other depute resolution costs) caused by ansrng out of or resulting from the performance of the Work, provided that Tiny such claim cost, loss or damage (1) Is amibumble to brxhh injury, sickness, disease or death or to mlury to or clestruenon of hngible property (other than the Wool. ¢sclD including the loss of use resulting therefrom, and (a) Is osused In whole or in pan Iry any negLge u act or omnwon of CON TRAC t OR any Subcontractor any Supplier any pern>n or organization chriss1% or mduectly employed by any of them to perform or lumash any of the Work or anyone for whose acts am of them may be liable regardless of w nether or not caused in part by any negligence or om Issaon of a person or entity utdznunned hereunder ot whether Lability Is imposed upon such Indemnified partv by Laws and Regulations regardless of the negligence of any such person or entity, 632 In any and all dawns against Ul4NDR or ENGINEER or any of their respstiic consultants, agents oflrcers, duechns or employees by am employee (or the survlvoi or peawnaul ieprescntatrve of such eniploy,c) of CONTRACTOR any Sub ontraetor any Suppler tin} person or organization directly or lndlncth employed by 17 i N ll ro, 41 fj 0 M �1 Ma PN1 If any of them to perform or famish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph631 shall not be tainted 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 orgamzation under workers' compensation acts, disability benefit acts or other cmplovac benefit acts 633 The indemnification obligations of CONTRACTOR under paragraph 631 shall not extend to the liability of ENGINEER and ENGINEER's Consultants officers, dtrecton, employees or agents oaustxl by the professional negligence, errors or cm fissions of any of them Survival of Obligationv 634 All representations indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing oblie&itions ndwated in the Contract Documents will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement ARTICLE 7--OTIIER WORK Related IVoi k w Site 71 OWNER may perform other work related to the Project at the site by OWNER's own forces or let other direct contracts therefor which shall contain 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 (i1 written none, thereof will he given to CONTRACI OR prior to starting any such other work and (u)CONIRACIOR may make a claim therefor as provided in Articles I I and 12 if CONIRACIOR heheves that such performance will mvolvd additional expense to CON I RACTOR or requires additional time and the parties are unable to agree as to the amount of extent thereof 72 CONfRAGIOR shall ilPoid each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the mdditional work with OWNER's employees) proper and sate access to the soft and a reasonable opportunity for the introduction and storage of matenals and equipment and the execution of such otter work and shall properly connect and coordmic the Work With thews Unless otherwise provided in the Contract Documents CONTRACTOR shall do all cutting littmg and patching of the Work that miry he requred to make its several parts come together properly and integrate with such other work ( UNTR WTOR shall not endanger any work of others by cunmg, excavating or otherwise altering then work and Will only cut or liter thcu work with the wnun consent of ENGINFF"R and the others whose work will to affected the duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of suchmtihty owners and other contrurois to the extent that there me comparable N i U Dr GENLRAI, CONDMONs 1910 S Q9901 4tlan IIYOr IORI COLLI:IS aIMI ICATIONb tnBb42000) provisions for the benefit of CONTRACI OR in said chrect contracts between OWNER and such uhltty owners and other contractors 73 If the proper execution or results of any part of CON RAC OR's Work depends upon work performed by others under this Article 7 CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work Coorahnatton 74 If OWNER contracts with others for the performance of other work on the Project at the site the following will be set torh in Suppler entary Conditions 7 4 1 the person Emu or corporation who will have authority and responsibility for coordination of the a,uvuues among the various prime contractors will be identified 742 the specific matters to be covered by such authority and responsibility will be neimted, and 743 the extent of such authority and responsibilities will be prow ided Unless otherwise presided in the Supplementary Conditions OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8--OWNER'S RESPONSIRILI I IRS 8I Except as otherwise provided in these General Conditions, OWNFR shall issue all communications to CONTRACTOR through FNGEQELR 82 In case of taminauon of the employment of FNGINTEER, OWNFR shall appoint an engineer agamist whom —CON 1 RA(C I OK—ninkerrtu—reaxmablrol>jeeirem, whose status under the Contract Documents shall be that of the former FNU INEF R 83 OWxNtR shall lurnnh the data requned of OWNFR under the Contract Documents promptly and shall make payments to CONTRACTOR prompt]% when they are due as provided in paragraphs 14 4 and 14 11 84 OWNFR's duties in aspect of providatg lands and easements and prodding enginteima surreys to 6stabinsh %ftrence points at, set forth in paragraphs-) I and 44 P2ragiaph42 Octets to OWNER's identihIng and makmg availahle N CONIRACIOR wpics of r,poits of explorations and tuts of sultsodaco conditions it the site and drawings of physmal conditions in cnrsung S a I 7 A; H R Y�I III u C structures ,it or contiguous to the site that have been utilized by ENGINEER m plepanng the Contract Documents 8-5 O164 ma's-rssps.nstbth4es in-respect-�Fchrrva l .tad -maintain mg-liability-and-property-insurance-are-szF ferih-m-pamgreph^ s ` ` 40- 8 6 OWNER is obligated to execute ( hange Orders as indicated in paragraph 10 4 87 OWNER's responsibility on respect of certain inspections, tests and approvals is set forth in paragraph 13 4 8 8 In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13 10 and 15 1 Paragraph 152 deals with OWNER's right to term mate services of CONTRACTOR under certain circumstances 89 The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techrnquus sequences or procedures of construction or the Safety precautions and programs incident thereto or for any failure of CONTRACIOR to comply with Laws and Regulations applicable to the famishing or performance of the Work OWNER will not be responsible for CONTRACIOR's failure to perform or famish the Work In accordance with the Contract Documents 8-{0—OW-NER's-res)3ensibihry-In-rzspaet-0t-tmdisc losed r sbestosr I-'o-m,r—r,aatrdo:,x "�a�-or Radieaefive4vfaterials-urwoazree{-er-revealed-at-the-site -is sir-!,.4T 8 11--H H d-to the -„- ,-FdP.R-has-air ezdte�urrush FRACFORsaiu..,,�,,.—tint,., arrangemems-ba..a been mode--k ui4y--OWN4sR!s obhgatens-urider-dh-Gentmet-DocunrnH- 9WlsIFR's responsibility =in espeot tees,-�' .. ,"ors-set-tmKh-inthe Saptrlarrw.;<a:�.an�,,,,ar� ARTICLE 9-ENGINEFR'S STATUS OIrRING CONSIRUC I ION OUNLR'c Representative 91 FNGINFFR will be OWNFR's lepresenmhve during the constiuctmnn purod the duuos and responsibilities and the limitations of authonty of hNG1NFFR as OWNER'S rCrcaurtahve during construction are set forth In tho Contract Documents and shall not be extended without written consent of OWMg2 and ENGINEER 1 i ads to Site o ` ENGINEER will nlal.e visas to the Site at intervals appiopuate to the various Stages of construction as ENGINEER deems necessary in order to observe as an cxpcnenced and qualified design protcssmnal the progrca I ICDCGCNFRA1 CON lDONSI 910 S (19901 daiwl e/ cr i y of i ORr COI I IhS h10ll11 ICA I I JNS dRI.i I2000) that has been made and the quality of the various aspects of CONTRACTOR'S executed Work Based on information obtained during such visits and observations ENGINEER will endeavor for the benefit of OWNER to determine, in general, it the Work is proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work ENGINEER's efforts will Ix directed toward providing for OWNER a greater degree of confidence that the completed Work will contotm generally to the Contract Documents On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against etejechve Work ENGINEER'S visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9 13, and particularly but without limitation, during or as a result of ItNGINEER's on -site visits or observations of CONTRACTOR's Work FNGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACIOR's means methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto or for any failure of CONTRAC 1 OR to comply with Laws and Regulations applicable to the furnisfung or perfonimanoe of the Work Protect Representative 93 if OWNER and ENGINEER agree, hNGINFPR will furnish a Resident Project Representative to ass st ENGINEER in providing more continuous observation of the Work fhe responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9 3 and 9 13 Cendrtieas of these General Conditions If OWNER duagnates. another represraabve or agent to represent OWNER at the site who is not ENGINFFR's Consultant, agent or employee, the responstbdiues and authority and limitations thereon of such other person will be as prov tiled m tke-Srryeplun enmryx}Hioris pni avraoh 93 93 1 'Ihe Representative's dealings In mailers pertir mg_to the on -site work will, in general, be with the f Nl, tNFFR and CONS RACTOR But the Rclsresentative will keep the OWNER proncrls advised about such matters The Represoenlam e's clwltrr s with subcontractors will only be through or with the full knowleclge and approval of the CON f RAd- I OR 9 , 2 Dunes and Responsibilities Reoresentat v e will 9 :1 Schedules - Reu taw the pronr�s 19 i N schcdute and other schedules pret�ared by the CONTRACTOR and consult with the FNGTNFFR concern= occe to abillty- 9 3 2 2 Conferences and Meenne - Attend m _ttng_with the CON T RAC T OR such as ➢reconstruction conferences progress meetings and other lob conferences and prepare and circulate copies of minutes of meetings 9323 Liaison 9 3 2 3 1 Serve as ENGINEER'S Matson with CONTRACTOR working principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents 93232 Assist in obtaining from OWNER additional details or mfomtatiort when required, for Proper eeecunon of the Work 93233 Advise the ENGWFER and CONTRACTOR of the wmmencement of am Work requiring a Shop L iwmg or sample submission if the submission has not been approved by the FNC FNEER 93 2 4 Review of Work. Rejcetion of Drfceuve Work Irmnectiom and Tests - 9 3 2 4 1 Conduct on -site observations of the Work in rroe_ress to assist the ENGINFFR in deterimmng that the Work is proceeding i accordance with the Contract Documents 93242 Report to the ENGINEER whenever the Representative believes that the )York is unsatutaciory. fiulW or detechvr or does not conform to the Connect Documents, or has been damaged, or does not meet the rc k-uuements of any tit, actions tins or Y I— _ approvals rogaired to be made, and advise the FNGINEER when he believes work should be corrected 01 rejected or should be uncovered for obS rv9nen, Or regnlre5 5]j eeial testing, inspectionor ap ruval 93 2 4 3 Accompany visiting inspectors representmg_public or other aguiejes having jmisdmtion over the Project record the results of these inspections and noon to the hNC INhLR 9325 Intej Pretanon of Connact Documents Report to NVGINLER when elan[wations and interprutanotm of the Contract Documents ale needed and nansmn to CONIILACIOR Je ficanon and mterpretapon of the Contract Documents as issued by the ENGINEER 9 3 _ 6 Modifications Con9der and cealuate CONTRACTOR'S w,-,Lesnons For LjeDe r,Lcrz.av covDi nuns leina USvo rameni 20 W(71[701 FOR t C OLLIM NODII I(,A I OM fkLV 1/200) mochtication in Drawings or Specifications and report these recommendations to ENGINEER Accuratelv transmit to CONFIRACTOR deusions issued by the ENGINEER 9 3 2 7 Records 9 3 2 7 1 Maintain at the Representative's 9 3 2 8 Reports 93281 Humrh bNGINEDR neriahc reports as retpnred,ol the tin ;LL of the Work and of the CON RACTOR'S compliance with the ptogjn s schedule and schedute of shop Drawing an(-[ sain 12 e submittals 93282 Consult with ENGFNFT'R in advance of schedrrlmg_ major tests inspections or start tit important phases of the Work 9 32 8 3 Din@ proposed ( hinge Orders and Work Directive Chanties obtamine backup material Rom the CONIkAGIOR and recommend to ENGINEER Change Orders Work -Directive ('hgnees and field orders 93 2 8 4 Report unmcdiaiely to T'NGNEFR and OWNFR the OCLUnUIce of ens accident 9329 Payment RegLLCStS RCVIOW amahcanons for pa2inent with CONfRAC COR_tor_a)mphsnoe with the established procedure Tor thwr mbniissjon and lonvmd with teconimendation to