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HomeMy WebLinkAboutBID - 31631 6071 UTILITIES ROOF REPLACEMENT (2)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 1 Section 00300 — Bid Form • ADD Paragraph BA 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 DE LETE 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 76 If of 6 inch Metalas tic 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 M1h tet • 2n" I oor • P 0 Boa S80 • 4m t ( o1hus, CO 80922-0580 • (970) 221-6775 • I as (970) 221-6707 www ZOV coin The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders Sales Prohibited/Conflict of Interest. No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered This rule also applies to subcontracts with the City Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins M James B O'Neill, II, CPPO, FNIGP Purchasing/Risk Management Director 07/2001 Section 00020 Page 2 CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that pert of the Work Withm a reasonable time alter either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that Fart of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be Substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor If ENGINEER constdors that Fart of the Work to be substantially complete, the provisions of paragraphs 14 8 and 14 9 will apply with respect to certification of Substantial Completion oC that part of the Work and the division of responsibility in respect thereof and access thereto 14 10 2 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5 15 in respect of property insurance Pinallnspechon 1411 Upon written notice from CONTRACTOR that the entire Work or an agreed ponron thereof its complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies Final Application for Payment 1412 After CONTRACTOR has completed all such corrections to the sausfactmn of ENGINEER and delivered in accordance with- the Contract Documents all maintenance and operating instructions, schedules, Kuwaiti= Bonds, certificates or other evidence of Insurance required by paragcaph54, certificates of mspecnon, marked -up record documents (as provided in paragraph619) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments The final Application for Payment shall be accompamed (except as previously delivered) by (i)all documentation called for in the Contract Documents, Including but not limited to the evidence of Insurance required by subparagraph 5 4 13, u)consent of the surety, if any, to final payment, and uI) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of a filed in connection with the Work In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may famish receipts or releases in full and affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (m)all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property in ight in any way be responsible have been pad or otherwise satisfied If any Subcontractor or Supplier fails EICDC GENERAL CONDITIONS 19104 (1990 Ediaam) W CITY OF FORT COLLINS MODIFICATIONS (REV 42000) to furnish such a release of receipt in full, CONTRACTOR may fwmsh a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to fmahu payment are to be submitted on forms conforn mi, to the format of the OWNER'S standard forms bound in the Proiect manual Final Payment and Acceptance 14 13 If, on the basis of ENGINEER's observation of thi, Work during consuuctton and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER'S recommendation of payment and present the Application to OWNER for payment At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work IS acceptable subject to the provisions of paragraph 1415 Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, m which case CONTRACTOR shall make the necessary corrections and resubmit the Application T haty, days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGTNEER's recommendation and notice of acceptabnhly, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subiect tz Dwasmoh 1762 of these General Condit 1414 If, through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confams, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted If the remaining balance to be held by OWNER for Work not fully completed m conectid is less than the retannage stipulated in the Agreement, and if Bonds have been furrushed as required in paragraph 5 1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made under the terms and conditions governing final payment, except that it sha11 not constitute a waiver of clalms Wmvel of Claims 1415 The making and acceptance of final payment will constitute 14 15 1 a waiver of all claims by OWNER against CONTRACTOR except claims ansuig from unsettled Liens, from defective Work appearing after a final mslxotion pursuant to paragraph 14 11, from failure to comply with the Contract Documents or the terms of any special guarantees specified thereirq or from CONTRACTOR's continuing obligations under the Contract Documents, and 14 15 2 A waiver of all claims by CONTRACTOR against OWNER other than those previously made to writing and still unsettled ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work 151 At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than musty days by notice in writing to CONTRACTOR and ENGINEER winch will fix the elate on which Work will be resumed CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Trans, or both, directly attributable to any such suspension if CONTRACTOR makes an approved clam therefor as provided in Articles 11 and 12 OWNER May Terminate 152 Upon the occurrence of any one or more of the following events 1521 if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragmph29 as adjusted from hire to time pursuant to paragraph 6 6), 15 2 2 if CONTRACTOR disregards Laws or Regulations of any public body havvugtarisdiction, 15 2 3 if CONTRACTOR disregards the authority of ENGINEER, or 15 2 4 if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, it any) seven days' written notice and to Ore extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possesni n of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), moorporme in the Work all materials and equipment stored it the site or for which OWNER has paid 32 EJMCGTNERAL CONDIIIONS191M (1990EdAaan) wICITY01 FORT COLLIM MODIFICATIONS(REV4Q000) CONI RACTOR but which are stored elsewhere, and f ash the Work as OWNER may deem expedient In Such case CONTRACTOR shall not be entitled to iecerve any further payment until the Wouk is finished If the unpaid balance of the Contract Price exceeds all claans, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims costs, losses and damages exceed such unpaid balance CONTRACTOR shall pay the difference to OWNER Such claans, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed 153 Where CONTRACTORS services have been so terminated by OWNER the termination will not affect any rights or remedies of OWNER against CONTRACTOR them ewsittng or which may thereafter accrue Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability 154 Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER , elect to terminate the Agreement In such case. CONTRACTOR shall be paid (without duplication of any items) 1541 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of tomimation, including fair and reasonable sums for overhead and profit on such Work, 15 4 2 for expenses sustained prior to the effective date of termination in performing services and furmslnng labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses, 1543 for all clans, casts, losses and damages mounted in settlement of terminated contracts with Subcontractors, Supplier and others, and 15 4 4 for reasonable expenses directly attributable to termination CONTRACTOR shall not b, paid on account of loss of anticipated profits or revenue or other economic loss arising out of of resulting from such termination CONTRACTOR May Stop Work or Terminate 155 If, through no actor fault of CONTRACTOR the Work is suspended for a period of more than mnety days by OWNER or under an order of court or other public authority, a ENGINEER fails to act on any Application for Payment widun thirty days after it is submitted or OWNER fads for thirty days to pay CONTRACTOR any sum finally determined to be dLe, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy Such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15 4 In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days 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 Work until payment of all such amounts due CONTRACTOR, including interest thereon The provisions of thus paragraph 155 are not intended to preclude CONTRACTOR from making claim under Aitieles 11 and 12 for an increase in Contract Rice or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph ARTICLE 16--DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arse under this Agreement, such dispute resolution method and procedure, if any, shall be as act forth in ExdubAGC-A, 'Dispute Resolution Agreement", to be attached hereto and made a part hereof If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9 10, 9 11 and 912, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute ARTICLE 17—MISCELLANEOUS Givmg Notice 171 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business adds ess known to the giver of the notice 172 Compulanon of Tune 17 21 When any period of time is referred to in the Contract Documents 1p, days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday pre Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation UMC GLNERAL CONDITIONS 1910 8 (1990 Edtam) w/ CITY Or FORT COLLINS MODIFICATIONS (REV 4/2000) 17 2 2 A calendar der} of twenty-four hours measured from midnight to the next midnight will constitute a day Notme of Claim 173 Should OWNER or CON1 RAC1 OR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees a agents or others for whose acts the other party is legally liable claim will be made in writing to the other party withim a reasonable time of the first observance of such injury or damage The provisions of this paragraph 17 3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of lumtations or repose Cutnulanve Remedies 174 The duties and obligations Imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6 12, 6 16,6 30,6 31,6 32,13 t, 13 12,13 14 14 3 and IS 2 and all of tin- rights and remedies available to OWNER and ENGINES thereunder, are in addition to, and are not to be construed in any way as a Imitation of, any rights and remedies available to any or all of them which are otherwise unposed a available by Laws or Regulations by special warranty or guarantee or by other Provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Doctunents in connection with each particular duty, obligation, right and remedy to which they apply Professional Fees and Couit Costs Included 175 Whenever reference Is made to "claims costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution coats 176 The laws of the Suite of Colorado a Itro y to this Agreement Reference to two perltrient Colorado statutes are as follows 1762 If a claim Is filed, OWNER is r u¢ed by law (CRS 38-26-1071 to wtttttiold &au all paymeIIts w CONTRACTOR sufficient funds to insure die payment of all claims for labor mateuals, team Jute, sustenance proyL510Rs, provender, or other supplies used or consumed by CONTRACTOR or his 33 34 EJCDC GENERAL CONDITIONS 19104 (1990 Edmm) w/CITYOI FORT COLLINS MODIFICATIONS (REV 42000) (Thus page left blank Intentionally) EICDC OENFRAL CONDI ] ON319108(1990 Edhm) 35 w/ aTY OF FORT COLLI NS MODIFICATIONS (REV 4/1000) EICDCOENERAL CONDITIONS 1910-8 (1990E&J-1) 36 W CITY OF FORT COLLINS MODIFICATIONS (REV 42000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties 161 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 1415) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtammg, subject to the limitations of the Article 16 This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction 162 No demand for arbitration of any claim dispute or other matter that is required to be referred to ENGINEER imtmlly for decision in accordance with paragraph 9 11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date No demand for arbitration of any such claim dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance: with paragraph 9 11, and the failure to demand arbitration within said thirty days' period will result in ENGINEER'S decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been mitiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9 10 will be made later than ten days after the party making such demand has delivered written nonce of intention to appeal as provided in paragraph 9 10 163 Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thaty-day or ten-day period specified in paragraph 16 2 as applicable, and in all other cases within a reasonable time after the claun, dispute or other matter in question has arisen, and in no event shall any such demand be made after the elate when institution of legal or equitable proceedings based on such claim, dispute or other matter in quesuon would be barred by the applicable statute of lanitations LICDC GENERAL CONDITIONS 191 Q 9 (1990 Edalm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/991 164 Except as provided in paragraph 16 5 below, no mbitration arising out of or relating to the Contract Documents shall include by oonsohdatron, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers directors, agents, employees or consultants of my of them) who is not a party to this contract unless 16 4 1 the inclusion of such other person or entity N necessary if complete relief is to be afforded among .those who are already parties to the arbitration, and 1642 such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will anse in such proceedings, and 1643 the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph, but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent 165 Notwithstanding paragraph 16 4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a patty to the arb rationbetween OWNER and CONTRACTOR hereunder CONTRACTOR shall include in all subcontracts required by paragraph 611 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor Nothing in this paragraph 165 nor in the provision of such subcontract consenting to joinder shall create any clan, right or cause of action in favor of Subcontractor and against OWNER ENGINEER or ENGINEER's Consultants that does not otherwise exist 166 ]he award rendered by the arbitrators will be final, judgment may be entered upon it many court having jurisdiction thereof, and it will not be subject to modification or appeal 167 OWNER and CONTRACTOR agree that they shall first submit any and all unsettled clams, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them imitating against the other a demand for arbitration pursuant to paragraphs 16 1 through 16 6, finless delay in tmtating arbitration would urevocably prejudice one of the parties The respective thirty and ten day time hurts within which to file a demand for arbitration as provided in paragraphs 162 and ) 6 3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation The mediator of any dispute subritted to medtation under this Agreement shall not serve as arbitrator of such cLspute unless otherwise agreed GC Am E]CDC GENERA]. CONDITIONS 1910 8 (1990 E&nml) W CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) GC -Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below SC-5 4 8 Limits of Liability A. Add the following language at the end of paragraph 5.4 8 The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4 1 and 5 4 2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4 3 and 5 4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner 5 4 6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5 4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12 3 Add the following language to the end of paragraph 12.3 Contractor will include in the pro3ect schedule -0- days lost due to abnormal weather conditions 7/96 Section 00800 Page 1 SECTION 00100 INSTRUCTIONS TO BIDDERS SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application for Payment 9/99 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 0 % 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. DATE DATE DATE APPROVED BY- DATE Purchasing Agent over $30,000 cc, City Clerk Contractor Project File Architect Engineer Purchasing 9/99 Section 00950 Page 1 NUMBER 1 2 3 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 DATE Net Change by Change Order AMOUNT i-M The present status of the account for this Contract is as follows Original Contract Amount Net Change by Change Order Current contract Amount, Total Completed and Stored to Date Less Previous Applications Amount Due this Application - Before Retainage Less Retainage AMOUNT DUE THIS APPLICATION 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 Payment of the above Amount Due This Application is recommended by the ENGINEER Date m Payment of the above Amount Due This Application has been reviewed by the OWNER'S Protect Manager Date M Payment of the above Amount Due This Application is approved by the OWNER Date y/yy /yb Section 00960 Page i $0 00 $0 00 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 WOO $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0,00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $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 Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Btd Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty Amount Qty Amount Qty 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 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 Project 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 and 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 1.04 SCOPE OF WORK A The following areas are included in this project 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, ngtd insulation, BUR, ballast (7,370 sf gravel, 2,700 sf 2007 Utility Roof Replacement 0020-5 Summary of Work September 2007 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 and 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 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 Roof Replacement 0020-6 Summary of Work September 2007 Section 7540 Membrane Roofing PART 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 B GAFMC shall provide all primary roofing materials that are physically and chemically compatible when installed in accordance with manufacturers current application requirements 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 Installer's Qualifications 1 Installer shall be classified as a Master contractor as defined and certified by GAFMC C Source Limitations All components listed in this section shall be provided by a single manufacturer or approved by the primary roofing manufacturer D Inspection 1 The Owner reserves the right to retain, at the Owner's expense, an independent inspection service to provide full-time inspection of the roofing system installation The Owner's inspector shall have free access to the work area 2 Manufacturers representative shall provide a comprehensive final inspection after completion of the roof system All application errors must be addressed and final punch list completed 07545-1 Rev 09104 Section 7540 Membrane Roofing 104 PREANSTALLATION CONFERENCE A Prior to scheduled commencement of the roofing installation and associated work, conduct a 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 pail 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 HUOYANWAZIN A Provide Manufacturers standard Diamond Pledge""' Guarantee with single source coverage and no monetary limitation where the manufacturer agrees to repair or replace components in the roofing system, which cause a leak due to a failure in materials or workmanship 1 Duration Twenty (20) years from the date of completion B EverGuard TPO Puncture Resistance Limited Warranty GAFMC warrants to the original building owner that the EverGuard TPO roof membrane will provide puncture and tear resistance when installed and maintained in accordance with GAFMC's requirements PART 2 PRODUCTS 2 01 ACCEPTABLE MANUFACTURER 07545-2 Rev 09104 SECTION 00100 INSTRUCTIONS TO BIDDERS 1 0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No 1910-8, 1990 ed ) have the meanings assigned to them in the General Conditions The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) 2 0 COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid 2 2 Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents 2 3 The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use 3.0 QUALIFICATION OF BIDDERS 3 1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract The Statement of Qualifications shall be prepared on the form provided in Section 00420 12/03 Section 00100 Page 1 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 t289 / FS HIM-1972, EnergyGuardTm Polyiso, by BMCAO with the following characteristics 1 Board Thickness 2 Thermal Resistance (LTTR value) of 2 03 INSULATION ACCESSORIES A Tapered Edge Strip Factory fabricated rigid perhte strip cut at angles to provide a smooth transition between differences in elevation EnergyGuardTM Tapered Edge Strip, by BMCAO 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 scrim 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 lbs EverGuard® TPO 60 mil 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 inches (45 mils) nominal thickness, EverGuard® TPO 45 mil Reinforced 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 Rev 09104 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 flashmgs, sealant pans, and scupper sleeves Sheet size 4' x 10', sheet weight 47 lbs , EverGuard@ TPO Coated Metal, by GAFMC 2 07 BITUMEN A Asphalt bitumen ASTM D 312 Type III & IV 2 08 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 HZO 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 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 lip caulk receiver and lower leg bulb stiffener Pre -punched slotted holes at 6" on center or 8" on center 3/4" 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 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 comers 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 comers 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 patch where two seams meet EverGuard® T-Joint Cover Patch, by GAFMC H Factory fabricated assemblies used to accommodate three-dimensional joints in a roof structure Two standard sizes to accommodate most common joint 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 projections, and properly sloped to drains, valleys, eaves, scuppers or gutters 07545-5 Rev 09104 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 3 02 SUBSTRATE PREPARATION A Steel Deck 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 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 When re -roofing over steel decks, surface corrosion shall be removed, 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 cuing 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 mm) 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 retrofit roof applications, it is required that deck be inspected for defects Any defects are to be corrected per the deck manufacturer's recommendations prior to the new roof application 3 03 INSTALLATION - GENERAL A Install GAFMC's EverGuard® TPO roofing system according to all current application requirements in addition to those listed in this section B GAFMC EverGuard®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 3 04 BITUMEN HANDLING A Do not mix different types of asphalt B Use only ASTM D 312, Type III or Type IV Steep Asphalt Type III asphalt may be used on slopes up to 33/2" per foot (4cm/m). Type IV asphalt must be used on all slopes greater than''/2" per foot (4 cm/in). C Application with hot asphalt requires continuous, uniform interply mopping rates of 25 lbs +/- 20% per 100 square feet of roof area (1 2 kg/m2) D Application temperature of the asphalt must be at the Equiviscous Temperature (EVT) with a tolerance of+/- 25OF (13 9'Q, at which a viscosity of 125 centipoise is attained When using mechanical asphalt applicators, the target viscosity should be 75 centipoise E For all SBS modified asphalt flashings, the minimum application temperature of the asphalt must be at the EVT or 425°F (219'Q, 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 3 05 INSULATION - GENERAL A Do not apply roof insulation or roofing until all other work trades have completed jobs 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 board joints in one direction (unless taping joint) D Install insulation boards snug Gaps between board joints must not exceed'/4" (6 mm) All gaps in excess of (6 mm) must be filled with like insulation material E Wood nailers must be 3-1/2" (8 9 cm) minimum width or l" (25 mm) wider than metal flange They shall be of equal thickness as the insulation, and be treated for rot resistance All nailers must be securely fastened to the deck 07545-7 Rev 09104 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 laid 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 3 06 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 comer 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) +20% 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 MatrixTM 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 etiminate continuous vertical gaps F The substrate must be free of debris, dust, dirt, oil, grease, and standing water before applying the adhesive G Install insulation layers applied with beads of Oty 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 insulation joints in the layer(s) below by a minimum of 6" (15 2 cm) to eliminate continuous vertical gaps 07545-8 Rev 09104 Section 7540 Membrane Roofing H The substrate must be free of debris, dust, dirt, oil, giease, 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 addtttoaat 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 ribs, 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 mechanically attached with a mimmum 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 for FM fastening patterns Factory Mutual requires fastener density increases in comer areas for FM 1-60 as well as perimeter, and comer 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 minimum 3 inch (7.6 cm) stress plate when mechanically attaching insulation Do not attach insulation with nails D 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/rn2) ±20% 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 E The substrate must be free of debris, dust, dirt, oil, grease, and standing water before applying the adhesive 07545-9 Rev 09104 Section 7540 Membrane Roofing F Install insulation layers applied with''/A" beads of Matrix"' 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 cut) 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 1/4" Press each board firmly into place Stagger theloints of additional layers in relation to the insulation joints in the tayer(s) below by a minimum of 6" (t 5 2 cm) to eliminate continuous vertical gaps 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 layer(s) below by a minimum of 6" (15 2 cm) to eliminate continuous vertical gaps K Do not install anymore insulation than will be completely waterproofed each day 3 08 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 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 1" 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 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 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 Based) A greater quantity of bonding adhesive may be required based upon the substrate surface condition 07545-10 Rev 09104 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") Roofing membrane shall be secured to the structural deck with appropriate Drill-Tec"M 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 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-TecTM 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 (underdriving), but will not cause wrinkling of the membrane (overdriving) 3 09 FLASHINGS A General 1 All penetrations must be at least 24" (61 cm) from curbs, walls, and edges to provide adequate space for proper flashing 2 Flash all perimeter, curb, and penetration conditions with coated metal, membrane flashing, and flashing accessories as appropriate to the site condition 3 All coated metal and membrane flashing corners shall be reinforced with preformed corners or non -reinforced membrane 4 Hot-air weld all flashing membranes, accessories, and coated metal A minimum 2" wide (hand welder) weld is required 07545-11 Rev 09104 Section 7540 Membrane Roofing 5 All cut edges of teurforced membrane must be sealed with EverGuard® TPO Cut Edge Sealant 6 Consult the EverGuard® Application and Spec fcanons Manual or GAFMC Contractor Services for more information on specific constriction details, or those not addressed in this section B Coated Metal Flashings Coated metal flashmgs shall be formed in accordance with current EverGuard construction details and SMACNA guidelines 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 1" on either 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 3 Coated metal used for sealant pans, scupper inserts, corners of roof edging, base flashing and coping sliall be overlapped or provided with separate metal pieces to create a continuous flange condition, and pop -riveted securely Hot-air weld a 6" wide reinforced membrane flashing strip over all seams that will not be sealed during subsequent flashing installation 4 Provide a %z" 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 nailers or otherwise mechanically attached to the roof deck, wall or curb substrates, in accordance with construction detail requirements C Reinforced Membrane Flashings 1 The thickness of the flashing membrane shall be the same as the thickness of the roofing membrane 2 Membrane flashing 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 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 4 Apply the adhesive only when outside temperature is above 40°F Recommended minimum application temperature is 507 to allow for easier adhesive application 5 The membrane flashing shall be carefully positioned prior to application to avoid wrinkles and buckles 07545-12 Rev 09104 3 2 In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract 3 3 Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work 3 4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City 4 0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents 4 2 Reference IS made to the Supplementary Conditions for identification of Subsurface and Physical Conditions SC-4 2. 4 3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that 12/03 Section 00100 Page 2 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 improved 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 corners 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-bome 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 natlers 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 the roof membrane to a metal cant and face nailing the membrane 8" on center prior 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 Budding 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 nailers 07545-13 Rev 09104 Section 7540 Membrane Roofing 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 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 18" in height) or with coated metal flashing nailed 4" on center to pressure -treated wood nailers 2 Secure membrane flashing at the top edge with a termination bar Water Block shall be 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 All coated metal curb flashmgs and loose applied membrane flashmgs must be provided with separate metal counterflashmgs, or metal copings Metal counterflashmgs may be optional with fully adhered flashmgs depending on guarantee requirements Exposed termination bars must be sealed with EverGuard© caulking Roof Drams 07545-14 Rev 09104 Section 7540 Membrane Roofing 1 Roof drams must be fitted with compression type clamping rings and strainer baskets Origmal-type cast iron and aluminum drams, as well as retrofit -type cast iron, aluminum or molded plastic drams are acceptable 2 Roof drains 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 the roofing membrane directly over the drain opening Provide a V2" of membrane flap extending past the drain flange into the drain opening Punch holes through the roofing membrane at drain bolt locations 4 For cast iron and aluminum diams, 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 drain 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 drain 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 drain with screws and plates The separate roof drain 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 1 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 foot traffic is minimized 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 commencement of work the following day 07545-15 Rev 09104 Section 7540 Membrane Roofing 312 CLEAN-UP A All work areas are to be kept clean, cleat and free of debris at all tiles 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 07545-16 Rev 09104 the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work 5 0 INTERPRETATIONS AND ADDENDA 5 1 All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda Questions received less than seven days prior to the date for opening of the Bids may not be answered Only questions answered by formal written Addenda will be binding Oral and other interpretations or clarifications will be without legal effect 5 2 All questions concerning the scope of this protect 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 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 The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement 8 0 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement 9 0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10 1 Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the work Refer to Section 00430 contained within these Documents 10 2 If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions 10 3 CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work 11 0 BID FORM 12/03 Section 00100 Page 4 11 1 A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder A separate unbound copy is enclosed for submission with the Bid 11 2 Bid Forms must be complete in ink or typed All lump sum prices on the form must be stated in words and numerals, in case of conflict, words will take precedence Unit prices shall govern over extensions of sums 11 3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary The corporate address and state of incorporation shall be shown below the corporate name. 11 4 Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature 11 5. Bids by 3oint venture shall be signed by each participant in the 3oint venture or by an authorized agent of each participant The full name of each person or company interested in the Bid shall be listed on the Bid Form 11 6 The Bid -shall contain an acknowledgement of receipt of all Addenda (the numbers of -which must be filled in on the Bid Form) 11 7 No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder, if initialed, OWNER may require the Bidder to identify any alteration so initialed 11 8 The address and telephone number for communications regarding the Bid shall be shown 12.0 BID PRICING Bids must be priced as set forth in the Bid Schedule or Schedules. 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 Pr03ect 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 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 Baal must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids 14 2 Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any -time prior to the opening of Bids 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date 17 0 AWARD OF CONTRACT 17 1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to 12/03 Section 00100 Page 6 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 Pro3ect to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum 17 2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17 3 OWNER may consider the qualification and @xperience 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 12/03 Section 00100 Page 7 19 0 SIGNING OE' 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 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 Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening 12/03 Section 00100 Page 8 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, EnergyGuardT"^ 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 Conkete Factory fabricated rigid polyisocyanurate board, cut at angles to provide drainage between drams 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, 1-26, 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 8 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 END OF SECTION 12/03 Section 00100 Page 9 SECTION 00300 BZP FORM SECTION 00300 BID FORM PROJECT 6071 Utilities Roof Replacement 2007 Place Date 1 In compliance with your Invitation to Bid dated and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2 The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned 3 Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4 The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows 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 7/96 Section 00300 Page 1 8 BID SCHEDULE (Base Bid) 1 Pollution Control Lab Roof Dollars•($ ) 2 WTF Filter Gallery Dollars ($ ) TOTAL BASE BID $ In words 9 PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price RESPECTFULLY SUBMITTED Signature Date Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest - Address Telephone 7/96 Section 00300 Page 2 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 7/96 Section 00410 Page 1 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 6071 Utilities Roof Replacement 2007 NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid, and said Surety does hereby waive notice of any such extension Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above PRINCIPAL Name Address By. Title ATTEST By (SEAL) 91 Title. SURETY (SEAL) 7/96 Section 00410 Page 3 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 2 Permanent main office address 3 When organized 4 If a corporation, where incorporated: 5 How many years have you been engaged in the contracting business under your present firm or trade name? 6 Contracts on hand (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7 General character of Work performed by your company: 0 Have you ever failed to complete any Work awarded to you? If so, where and why? 9 Have your ever defaulted on a contract? If so, where and why's 10 Are you debarred by any government agency If yes list agency name 7/96 Section 00420 Page 1 11 List the more important proDects recently completed by your company, stating the approximate cost- of each, and the month and year completed, location and type of construction 12 List your major equipment available for this contract 13 Experience in construction Work similar in importance to this project 14 Background and experience of the principal members of your organization, including officers 15. Credit available: $ 16 Bank reference 17 Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? m 19 Are you licensed as a General CONTRACTOR?_ If yes, in what city, county and state? class, license and numbers Do you anticipate subcontracting Contract If yes, what percent of total contract and to whom? Work under this 20 Are any lawsuits pending against you or your firm at this time IF yes, DETAIL 7/96 Section 00420 Page 2 21 What are the limits of your public liability? DETAIL What company? 22 What are your company's bonding limitationsr> 23 The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications Dated at this day of , 20_ Name of Bidder By Title. State of County of being duly sworn deposes and says that_ he --- is of 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 day of 20 Notary Public My commission expires 7/96 Section 00420 Page 3 100 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 insulation joints in the layer(s) below by a minimum of 6" (15 2 cm) to eliminate continuous vertical gaps 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 Replace all existing pitch pans with new weldable rPO 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 deck joints 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. SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract ITEM SUBCONTRACTOR 7/96 Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date TO 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 20_ 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 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. The Price of your Agreement is 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 20_ 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 OWNER to consider your Bid abandoned, declare your Bid Security forfeited within the time specified will entitle to annul this Notice of Award and to 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 M City of Fort Collins OWNER James B O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of rn the year of 20, and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and (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. the Contractor shall furnish and install a 50 mil Duro-Last single -ply membrane roofing system that is fabricated of a polyester fabric and has a thermoplastic coating of thermoplastic material laminated to both sides as manufactured by system supplier. Membrane shall be Energy Star certified with a 3 year test of 86% reflectivity Contractor shall be responsible for removing the existing Ballast (where existing) from the rooftop where the new roofing membrane will be installed. Owner will provide suitable truck for material and will haul off and is generally described in Section 0020-1 - 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 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 9/12/01 Section 00520 Page 1 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 2) Final Acceptance 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 until the Pollution Control Lab Work is ready for Final Payment and Acceptance After Substantial Completion, One Hundred Dollars ($100) for each calendar day or fraction thereof that expires after the thirty (30) calendar day period for the Final Payment and Acceptance for the Water Treatment Facility Filter Gallery until the Work is ready for Final Payment and Acceptance ARTICLE 4 CONTRACT PRICE 4 1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows ($ ), $ Dollars, in accordance with Section 00300, attached and incorporated herein by this reference 9/12/01 Section 00520 Page 2 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 the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 6 2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4 2 of the General Conditions. 6 3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtarning and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4 2 of the General Conditions, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6 4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or -data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4 3 of the General Conditions 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents 6 6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has drscovered 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 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following- 7 2 1Certificate of Substantial Completion 7 2 2 Certificate of Final Acceptance 7 2 3 Lien Waiver Releases 7 2 4 Consent of Surety 7 2 5Application for Exemption Certificate 7 2 6Application for Payment 7 3 Drawings, consisting of a cover sheet and sheets numbered as follows - The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated 7 4. Addenda Numbers to , 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 beamended, 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 OWNER CITY OF' FORT COLLINS CONTRACTOR By By JAMES B O'NEILL 11, CPPO, FNIGP DIRECTOR OF PURCHASING _ AND RISK MANAGEMENT Date Attest City Clerk Address for giving notices P 0 Box 580 Fort Collins, CO 80522 Approved as to Form Assistant City Attorney Title Date (CORPORATE SEAL) Attest Address for giving notices. LICENSE NO.. 9/12/01 Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work 6071 Utilities Roof Replacement 2007 To 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 M Title 7/96 Section 00530 Page 1 w a a z a V d' CL d V F- r V ATTENDANCE RECORD PRESID CONFERENCE Project: 6071 Utilities Roof Replacement 2007 Time: 10:00 amDate: October 11, 2007 Location: 3036 Environmental Drive Fort Collins, CO 'RINT VANIE PRINT FIRM NAME ADDRESS TELEPHONE FAX E-MAiLADDRESS ��a� �SCtt p rv6,f �a•,t� tPwo�t,>. SyskN.,s aXv ' C9veeiey� ro8D631 `�8� 3s3-�3�b. �>035�'5757 DDEI��Iru.,lYax�ema•t''.�.�o �?0463-0203 Ci)06G202q Ito -alkh 6iCM&OI g st frof 9T0-j3 2$O( 9 7J- Y43- if�t,h _ yf vIL �IvC� 'i Carr oC 3J 3G E,wru%�.ti D ✓£s (?79)22z �f6s 6! 22d-dga 1111ve-//C.- Jca�.cor, 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 KNOW ALL MEN BY THESE PRESENTS that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and . (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of 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 day of 20_, 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 well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void, otherwise to remain in full force and effect 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of 20 IN PRESENCE OF. (Corporate Seal) IN PRESENCE OF IN PRESENCE OF (Surety Seal) Principal (Title) (Address) Other Partners By. By: Surety By By (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 SECTION 00615 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that (Firm) (Address) (an Individual) the "Principal" (Firm) (Address) (a Partnership), (a Corporation) and Bond No, hereinafter referred to as hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave , Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of 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 day of 20_, 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 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _ day of 20 IN PRESENCE OF Principal By (Corporate Seal) (Title) (Address) IN PRESENCE OF Other Partners IN PRESENCE OF. Surety M (Surety Seal) (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 2 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance 7/96 Section 00630 Page 1 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 CONTRACT DATE 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 REMARKS AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF' FINAL ACCEPTANCE TO Gentlemen 20 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 (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 7/96 Section 00650 Page 1 project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims 5 The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project Signed this day of , 20_ CONTRACTOR By: Title ATTEST: Secretary STATE OF COLORADO ) )Ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_, by Witness my hand and official seal My Commission Expires Notary Public 7/96 Section 00650 Page 2 m L6 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 ADDRESS 'TELEPHONE FAX # E-MAIL ADDRESS 'NAME FIRM NAME A2 p Jtt� Y�rst L �06�C, bq?Ill � Wi}51l{vfLr3 Sus-z bio• as?m �3- �$G ?f2a{ 11lGcrLI"use W coa€o�s, cOly 'DmvJcv- ,, C o S02,2,q 'SiGRT> Is%I W.v&*AYt CO 3.3-'zoa-61y, 3.3-573 38I`I eL cel re. ,%)Celocndo. �cn. C�Pr-FRt-. �7envei, $o7aY F�%Pr 9 70 - Sf07-i47J �70-ZZ1-Zz65 � �ob�z f �D� pp 4 ,0-- (� 9Cz,o.k.lk.R, Co T Co F C �cJ—N. 6�Y1�4so� d � 7� 4� v j 67Q7 ) 6-77] C);� Co /tl , /A C- it E� 2 8 -7 3 a`-t3 2 � 7 - 93aC V b-cc k +� a,, u ,. oo t` t/� ciT 0 av1.d J a&dC- ,vg. Ca,k, In SECTION 00660 CONSENT OF SURETY TO City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") 6071 Utilities Roof Replacement 2007 DATE ordance with the provisions of the Contract between the OWNER and the CTOR 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) M Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION OR0172 utoB) COLORADO DEPARTMENT Or REVENUE O C R DENVEbo2ar One) a CONTRACTOR APPLICATION D FOR EXEMPTION CERTIFICATE Pursuant to Statute Sedan 39-26114(1Xa)(XK 2 DO NOT WRITE IN THIS SPACE The exemption cent ficate for which you area riplyinq crust be used only for the purpose of purchasing construction and building materials for the exempt project described below This exemption does not Include or apply to the purchase or rental of equipment supplies, and materials which are purchased rented or consumed by the contractor and which do not become part of the structure highway, road, street, or other public works wined and used by the exempt organization Any unauthorized use oft he exemption certificate will result in revocat ion of your exemption certificate and other penalties provided by law A separate certificate is required for eac IT contract Subcontractors will not be issued Certificates of Exemption by the Department of Revenue It Is the responsibility of the prime contractor to issue certificates to each of the subcontractors (See reverse side) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED svataNAccout No lobeassiiby 00fg 89 - mod 07r59 ao B ifpM„ b N"iOZZ trade Warne, BA er partner or torpors a name e ing address lCdy, Slatelip)ec arson - ale ess recrouP tmp;oyev s tnentucaeor Number amour or your con ec ax Ram ar Business telepMne comber Mend.wn o ire ax awount num er t � t I Y � 6 >& I Y G Name or exemptorgemze on(as snown on convect) Exomptargairmhons Dumper 98 - d ress of exempt organization City State Zip Prinuipal correct aexempt organized bon 31 contacts telephone number Physical oce on of project site give atrial address vyhen app se le and Uliesancor Court Ies ere protect is sto e ) Scdeduied oM ay yea, Estimated Mdnih Fee year CmslNgion star) date Wmeetlen dale d 4, f a n y �i{b t Pf let m�eNii 9 X 51 ", @ r�"Nflt' d fix f,�N i4 I i 9Y up fl Nr t i�` "o.,t tf9A ,`,:, ppW yraq a a$ 4�' o f lit "•�.^�e�7 II i f '��� t `p„� t, I,"� �a�r�,!6 I(C tiC ��' �4atirl f 1i�4.� �fc I a '7fr°r pp <)! ddN',i.,.nr {4 teFiW4� t, ,r9 rdia p°dH IfrT" r, I dedare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge Signature of ov,ner partner or corporate of cer Uato DO NOT WRITE BELOW THIS LINE Section 00670 Page I 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 projects Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it The original Certificate should always be retained by the prime contractor Copies of all Certificates that the Winne contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects This should be your permanent number For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application The 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 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee EJCDC No 1910-8 (1990 Edition), as a base Changes to that document are shovvn by underlining text that has been added and stril,mg through text that has been deleted EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number&. Title Number Number &Title Number 45 Asbestos, PCBs, Petroleum 625 Submittal Proceedures, CON- Ilazardous W aste or IRACTOR's Review Pnor Radioactive Material 7-8 to Shop Drawing or Sample Submittal 16 5 BONDS AND INSURANCE 8 626 Shop Drawing & Sample Submit- 5 1-5 2 Performance, Payment and Other tals Review by ENGINEER 16-17 Bonds 8 627 Responsibility for Variations 53 Licensed Sureties and Insurers, From Contract Doman onto 17 Certificates of Insurance 8 628 Related Work Performed Prior 54 CONTRACTOR's Liability to ENGINEER's Review and Insurance 9 Approval of Required 5 5 OWNER'S Liability Insurance 9 Submittals 17 5 6 Property Insurance 9-10 629 Continuing the Work 17 57 Boiler and Machinery or Addi- 630 CONTRACTOR's General tiora l Property Insurance 10 Warranty and Guarantee 17 58 Notice ofCancellatian Provision 10 631-633 Indemnification 17-18 59 CONTRACTOR's Responsibility 634 Survival of Obligations 18 for Deductible Amounts 10 5 10 Other Special Insurance 10 7 OTHER WORK 18 5 11 Waiver of Rights 11 7 1-73 Related Work at Site 18 5 12-5 13 Receipt and Application of 74 Coordinauon, 18 Insurance Proceeds 10-I1 514 Acceptance of Bonds and Insr- 8 OWNER'S RESPONSIBILITIES 18 once, Option to Replace 11 8 1 Communications to CON- 5 15 Partial Utilization --Property TRACTOR 18 Insurance 11 92 Replacement of ENGINEER 18 83 Furnish Data andPay Promptly 6 CONTRACTOR'S RESPONSIBILITIES 11 When Due 18 6 1-6 2 Supervision and Superintendence 11 84 Lands and Easements, Reports 6 3-6 5 Labor, Materials and Equipment I1-12 and Tests 18-19 66 Progress Schedule 12 85 Insurance 19 6 7 Substitutes and "Or -Equal" Items, 8 6 Change Orders 19 CONTRACTOR's Expense, 8 7 Inspections, Tests and Substitute Construction Approvals 19 Methods or Procedures, 88 Stop or Suspend Work, ENGINEER's Evaluation 12-13 Terminate CONTRACTOR's 6 8-6 11 Concerning Subcontractors Services 19 Suppliers and Others, 89 Lrmitabons on OWNER'S Waiver of Rights 13-14 Responsibilities 19 612 Patent Fees and Royalties 14 8 10 Asbestos, PCBs, Petroleuiu, 6 13 Permits 14 Hazardous Waste or 614 Laws and Regulations 14 Radioactive Material 19 615 Taxes 14-15 8 11 Evidence of Financal 616 Use of Premises 15 Arrangements 19 6 17 Site Cleanliness 15 6 18 Safe Structural Loading 15 9 ENGINEER'S STATUS DURING 619 Record Documents 15 CONSTRUCTION 19 620 Safety and Protection 15-16 91 OWNER's Representative 19 621 Safety Representative 16 9 2 Visits to Site 19 622 Hazard Communication Programs 16 93 Project Representative 19-21 623 Emergencies 16 94 Clarifications and lnterpre- 624 Shop Drawings and Samples 16 tations 21 9 5 Authorized Variations in Wrk 21 E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Number & Title DEFINITIONS 11 Addenda 12 Agreement 1 3 Application for Payment 1 4 Asbestos 1 5 Bid 16 Bidding Documents 17 Bidding Requirements I S Bonds 1 9 Change Order 1 10 Contract Documents 11I Contract Price 112 Contract Times 113 CONTRACTOR 1 14 defective 115 Drawings 1 16 Effective Date of the Agreement 117 ENGINEER 1 18 ENGINBER's Consultant 1 19 Field Order 1 20 General Requirements 121 Hazardous Waste 122 a Laws and Regulations, Laws or Regulations 1 22 b Legal Holidays 123 Liens 124 Milestone 1 25 Nonce of Awai d 126 Notice to Proceed 127 OWNER 129 Partial Utilization 129 PCBs 130 Petroleum 131 Project 1 32 a Radioactive Material 1 32 b Regular Working Hours 133 Resident Project Representative 134 Samples 1 35 Shop Drawings 136 Specifications 137 Subcontractor 1 38 Substantial Completion 139 Supplementary Conditions 140 Supplier 141 Underground Facilities 142 Unit Price Work 143 Work 1 44 Work Change Directive 145 Written Amendment Page Arlrcle or Paragraph Number Number &Title 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2-3 3 3 3 3 Page Number PRELIMINARY MATTERS 3 21 Delivery of Bonds 3 22 Copies of Documents 3 23 Commencement of Contract Times Notice to Proceed 3 24 Starting the Work 3 2 5-2 7 Betorc Starting Construction, CONTRACTOR's Responsibility to Report, Prelim mary Schedrles, Delivery of Certificates of Insurance 3-4 28 Preconstruetion Conference 4 29 Initially Acceptable Schedules 4 CONTRACT DOCUMENTS INTENT, AMENDING, REUSE 4 3 1-32 Intent 4 3 3 Reference to Standards and Speci- fications of Technical Societies, Reporting and Resolving Dis- crepancies 4-5 34 Intent of Certain Terms or Adjectives 5 35 Amending Contract Docunents 5 36 Supplementing Contract Documents 5 37 Reuse of Documents 5 AVAILABILITY OF LANDS, SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS 5 4 1 Availability of Lands 56 42 Subsurface and Physical Conditions 6 42 1 Reports and Drawings 6 422 Limited Reliance by CONTRAC- TOR Authorized, Technical Data 6 4 2 3 Notice of Differing Subsurface or Physical Conditions 6 42 4 ENGINEER's Review 6 425 Possible Contract Documents Change 6 426 Possible Price and T an es Adjustments 6-7 43 Physical Conditions --Underground Faulrties 7 43 1 Shown or Indicated 7 43 2 Not Shown or Indicated 7 44 Reference Points 7 LJCDC OLNERAL CONDITIONS 1910 8 (1990 EDITION) wl CITY OF FORT COLLINS MODIFICAMNS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 96 Rejecting Defective Wort. 21 13 8-13 9 Uncovering Work at ENGI- 9 7-9 9 Shop Drawings Change Orders NFER's Request 27-28 and Payments 21 13 10 OWNER May Stop the Work 28 910 Determinatims for Unit Prices 21-22 13 11 Correction or Removal of 9 11-9 12 Decisions on Disputes, ENGI- Defechve Work 28 NEER as Initial Interpreter 22 13 12 Correction Period 28 913 Limitations on ENGINEER's 13 13 Acceptance of Defective Work 28 Authority and Responsibilities 22-23 1314 OWNER May Correct Defective Work 28-29 CHANGES IN 714E WORK 23 101 OWNER's Ordered Change 23 14 PAYMENTS TO CONTRACTOR AND 102 Claim for Adjustment 23 COMPLETION 29 103 Weak Not Required by Contract 141 Schedule of Values 29 Documents 23 142 Application for Progress 10 4 Change Orders 23 Payment 29 105 Notification of Surety 23 143 CONTRACTOR's Warranty of Title 29 CHANGE OF CONTRACT PRICE 23 14 4-14 7 Review of Applications for 11 1-11 3 Contract Price, Claim for Progress Payments 29-30 Adjustment, Value of 14 8-14 9 Substantial Completion 30 the Work 23-24 1410 Partial Utilization 30-31 11 4 Cost of the Work 24-25 1411 Final Inspecticq 31 11 5 Exclusions to Cost of the Work 25 1412 Final Application for Payment 31 11 6 CONTRACTOR's Fee 25 1413-14 14 Final Payment and Acceptance 31 11 7 Cost Records 25-26 14 15 Wmver of Claims 31-32 11 8 Cash Allowances $6 11 9 Unit Price Work 26 15 SUSPENSION OF WORK AND TERMINATION 32 CHANGE OF CONTRACT TIMES 26 151 OWNER May Suspend Work 32 12 1 Claim for Adjustment 26 15 2-15 4 OWNER May Term mate 32 122 Time of the Essence 26 155 CONTRACTOR May Stop 12 3 Delays Beyond CONTRACTOR's Work or Terminate 3233 Control 26-27 124 Delays Beyond OWNER's and 16 DISPUTE RESOLUTION 33 CONTRACTOR's Control 27 17 MISCELLANEOUS 33 TESTS AND INSPECTIONS, CORRECTION, 171 Giving Notice 33 REMOVAL OR ACCEPTANCE OF 172 Computation of Times j3 DEFECTIVE WORK 27 173 Notice of Claim 33 13 1 Notice of Defects 27 174 Cumulative Remedies 33 132 Access to the Work 27 175 Professional Fees and Court 133 Tests and Inspections, Costs Included T3 CONTRACTOWs Cooperation 27 176 Applicable State Laws 33-34 134 OWNER's Responsibilities, Intentionally left blank 35 Independent Testing Laboratory 27 13 5 CONTRACTOR's EXHIBIT GC -A (Optional) Responsibilities z7 Dispute Resolution Agreement GC -AI 13 6-13 7 Covering Work Prior to Irispec- 16 1-16 6 Arbitration GC -AI from, Testing or Approval 27 167 Mediation GC -Al EICDC GLNERAL CONDI NONS 1910 8 (1990 EDMON) W CITY OF FORT COLLINS MODIFICATIONS (REV 9199) INDEX TO GENERAL CONDITIONS City of Port Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article m Paragraph Number Acceptance of -- Bonds and Insurance 514 defective Work 104 I, 135, 1313 final payment 9 12, 14 15 insurance 5 14 other Work- by CONTRACTOR 73 Substitutes and "Or -Equal" Items 6 7 1 Work by OWNER 25,630,634 Access to the -- Lands, OWNER and CONTRACTOR responsibilities 41 site, related Work 72 Work, 13 2, 13 14, 14 9 Acts or Omissions--, Acts and Omissions -- CONTRACTOR 69 I, 9133 ENGINEER 6 20, 9 133 OWNER 620,89 Addenda --definition of (also see definition of Specifications) (1 6, 1 10, 6 19), 1 1 Additional Property Insurances 57 Adlustm ants -- Contract Price or Contract Times 15,35, 41, 432, 452, 453, 94, 95, 102-104, 11, 12,149, 151 progress schedule 66 Agreement -- definition of 1 2 "All -Risk" Insurance, policy form 5 6 2 Allowances, Cash 11 8 Amending Contract Documents 3 5 Amendment, Written -- in general 1 10, 1 45, 3 5, 5 10, 5 12, 6 6 2 682, 619,101, 104,112 121, 13 12 2, 1472 Appeal, OWNER or CONTRACTOR intent to 9 10, 9 11, 10 4, 16 2, 16 5 Application for Payment -- definition of 13 ENGINEER's Responsibility 99 final payment 9 13 4, 9 13 5, 14 12-14 15 in general 2 8, 2 9, 5 6 4, 9 10, 15 5 progress payment 14 1-14 7 review of 14 4-14 7 Arbitration 16 1-16 6 Asbestos -- claims pursuant thereto 4 5 2, 45 3 CONTRACTOR authorized to stop Work 4 5 2 definition of 14 Article or Paragraph Number OWNER responsibiluy for 45 1, 8 10 possible price and tunes change 4 5 2 Authorized Variations in Work 3 6, 6 25, 6 27, 9 5 Availability of Lands 4 1, 8 4 Award, Notice of --defined 1 25 Before Starting Construction 2 5-2 8 Bid -definition of 1 5 (1 1, 1 10, 2 3, 3 3, 4264 613 1143 1191) Bidding Documents --definition of 1 6 (6 8 2) Bidding Requirements --definition of 1 7 (1 1,4262) Bonds -- acceptance of 5 14 additional bonds 105, 11459 Cost of the Work 11 5 4 definition of 1 8 delivery of 2 I, 5 1 final Application for Payment 14 12-14 14 general 1 10, 5 1-5 3, 5 13, 913, 105, 1476 Performance, Payment and Other 5 1-5 2 Bonds and Insurance --in general 5 Builder's risk "all-risk"policy form 562 Cancellation Provisions, Insurance 5 4 11, 5 8, 5 15 Cash Allowances 11 8 Certificate of Substantial Completion 1 38, 63023, 148, 14 10 Certificates of Inspection 9 134, 135, 14 12 Certificates of Insurance 27 5 3, 5 4 11 5 4 13, 565, 58, 514, 91341412 Change in Contract Rice -- Cash Allowances 11 8 claim for price adjustment 4 1, 4 2 6, 4 5, 5 15, 6 8 2, 9 4 95,911 102, 105, 112, 139, 1313, 1314, 147, 151, 155 CONTRACTOR's fee 11 6 Cost of the Work general 11 4-11 7 Exclusions to, 11 5 Cost Records 11 7 in general 1 19 1 44 9 11, 10 4 2, 1043, 11 Lump Sum Pricing 11 3 2 Notification of Surety 105 Scope of, 10 3-10 4 Testing and Inspection, Uncovering the Work 13 9 UCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Unit Price Work 119 CONTRACTORsFee 116 Article or Paragi aph i Article or Paragraph Number Number Value of Work 11 3 CONTRACI OR's liability 5 4, 6 12 6 16, 6 31 Change in Contract 9 unes- Cost of the Wolk 11 4,11 5 Claim for inn es adlustm ant 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 161 139 1313, 13 14, 147, 15 1, 1S S Dispute Resoluton Agreement 161-166 Contractual time lunits 122 ENGINEER as initial interpretor 911 Delays beyond CONTRACTOR'S Lump Sum Pricing 11 3 2 control 123 Notice of 173 Delays beyond OWNER's and OWNER's 9 4 9 5, 9 11, 10 2, 112 119 CONTRACT OR's control 124 12 1, 13 9 13 13, 13 14 173 Notification of surety 105 OWNERS ttabdtty 5 5 Scope of change 10 3-10 4 OWNER may refuse to make payment 147 Change Orders-- Professional Fees and Court Costs Acceptance ofDefechve Work 13 13 Included 175 Amending Contract Documents J 5 request for formal decision on 911 Cash A]lowances 11 8 Substitute Items 6 7 1 2 Change of Contract Price I 1 Time Extension 121 Change of Contract Times 12 Time requirements 911, 121 Changes in the Work 10 Unit Price Work 11 9 3 CONTRACTOR's fee 11 6 Value of 1 t 3 Cost of the Work 11 4-11 7 Waiver of --on Final Payment 14 14, 14 15 Cost Records l 17 Work Change Directive 102 definition of 19 written notice required 9 11, 112, 12 1 emergencies 623 Clarifications and Interpretations 3 6 3, 9 4, 9 11 ENGINEER'S responsibility 98, 104, 11 2, 121 Clean Site 617 execution of 104 Codes of Technical Society, Organization Indemmfiction 612, 616, 6 31-6 33 or Association 333 Insurance, Bonds and 5 10,5 13, 10 5 Commencement of Contract Tunes 23 OWNER may terminate 152-154 Communications-- OWNER's Resperisibihty 8 6, 10 4 general 62,692,8 1 Physical Conditions-- Hazard Communication Programs 622 Subsurface and, 42 Completion - Underground Facilities-- 432 Final Application for Payment 1412 Record Documents 619 Final Inspection 1411 Scope of Change 10 3-10 4 Final Payment and Acceptance 14 13-14 14 Substitutes 673,692 Partial Utihzatioq 1410 Unit Price Work 119 Substantial Completion 1 38, 14 8-14 9 value of Work, covered by 113 Waiver of Claims 14 15 Changes in the Work 10 Computation of Times 17 2 1-17 2 2 Notification of surety 105 Concerning Subcontractors, Suppliers OWNER's and CONTRACTOR's and Others 6 8-6 11 responsibilities 104 Conferences -- Right to an adlustm ent 102 initially acceptable schedules 29 Scope of change 10 3-10 4 preconstruction 28 Claims-- Conflict, Error, Ambiguity, Discrepancy -- against CONTRACTOR 6 16 CONTRACTOR to Report 2 5, 3 32 against ENGINEER 632 Construction, before starting by against OWNER 632 CONTRACTOR 2 5-2 7 Change of Contract Price 94 11 2 Construction Machinery, Equipment, etc, 64 Change of Contract Times 94, 121 Continuing the Work 629, 104 CONTRACTOR's 4, 7 1, 9 4, 9 5, 9 11, 102, Contract Documents-- 11 2, 11 9, 12 1, 13 9, 14 8, Amending 35 151, 155, 173 Bonds 51 E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION) W CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) SPECIFICATIONS _►D 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) Cash Allowances 118 Article or Paragraph Number Change of Contract Price I) Change of Contract Tines 12 Changes in the Work 10 4-10 5 check and verify 25 Clarifications and Interpretations 3 2, 3 6, 9 4, 9 11 definition of 1 l0 ENGINEER as initial interpreter of 9 11 ENGINEER as OWNER's representative 91 general3 Insurance 5 3 Intent 3 1-3 4 minor variations it the Work 36 OWNER's responsibility to furnish data 83 OWNER'S responsibility to make prompt payment 8 3, 14 4, 14 13 precedence 3 1,333 Record Documents 619 Reference to Standards and Specifications of Technical Societies 33 Related Work 72 Reporting and Resolving Discrepancies 2 5,3 3 Reuse of 37 supplementing 36 Termination ofENGINEER's Employment 82 Unit Price Work 119 variations 36,623,627 Visits to Site, ENGINEER's 92 Contract Price -- adjustment of 35, 4 1, 94, 10 3, 11 2-11 3 Change of Jl Decision on Disputes 911 definition of 1 11 Contract Times -- adjustment of 3 5, 4 1, 9 4, 10 3, 12 Change of 12 1-12 4 Commencement of 23 definition of 1 12 CONTRACTOR - Acceptance of Insurance 5 14 Communications 62,692 Continue Work 629, 104 coordmation and scheduling 6 9 2 definition of 1 13 Limited Reliance on Technical Data Authorized 4 22 May Stop Work % Terra mate 15 5 provide site access to others 7 2,13 2 Safety and Protection 43 1 2 6 16 6 18 6 21-6 23 72 132 Shop Drawing and Sample Review Prior to Submittal 625 Stop Work requirements 452 CONTRACTOR Article or Paragraph Num her Compensation 11 1-11 2 Continuing Obligation 14 15 Defective Work 96, 13 10- 13 14 Duty to correct defective Work 13 11 Duty to Repoit-- Changes in the Wei k caused by Emergency 623 Defects in Work of Others 73 Differing conditions 4 2 3 Discrepancy in Documents 2 5, 3 3 2, 6 14 2 Underground Facilities not indicated 4 3 2 Emergencies 623 Equipment and Machinery Rental, Cost of the Work 11453 Fee --Cost Plus 11 4 5 6, 11 5 1, 11 6 General Warranty and Guarantee 630 Hazard Communication Programs 622 Indemnification 611616, 6 31-6 33 Inspection of the Work 73, 134 Labor, Materials and Equipment 6 3-6 5 Laws and Regulations, Compliance by 6 14 1 Liability Insurance 54 Notice of Intent to Appeal 91(3,104 obligation to perform and complete the Work 630 Patent Fees and Royalties, paid for by 6 12 Performance and Other Bonds 5 1 Petnrrts, obtained and paid for by 6 13 Progress Schedule 2 6, 2 8, 2 9, 6 6, 629, 104, 1521 Request for formal decisionon disputes 911 Responsibilities_ Changes in the Work 101 Concerning Subcontractors, Suppliers and Others 6 8-6 11 Continuing the Work 629, 104 CONTRACTOR's expense 67 1 CONTRACTORs General Warranty and Guarantee 630 CONTRACTOR'S review prior to Shop Drawing a Sample submittal 625 Coordination of Work 692 Emergencies 623 ENGINEER's evaluation, Substitutes or "Or -Equal" Items ¢ 7 3 For Acts and Omissions of Others 691-692,913 for deductible amounts insurance 50 general 6, 72, 73, 85 Hazardous Communication Programs 622 Indemnification 631-633 vni E1CDC GENERAL CONDITIONS 1910 S (1990 EDITION) wi CITY OF FORT COLLINS MODIFICA IIONS (REV 9199) Labor, Materials and Equipment 6 3-6 5 CONTRACTORS --other 7 Laws and Regulations 6 14 Contractual Liability Insurance 5 4 10 Liability Insurance 54 Contractual Time Li uts 122 Article or Paragraph Number Notice of variation from Contract Documents 627 Patent Fees and Royaln es 612 Perm its 6 13 Progress Schedule 66 Record Documents 6 19 related Work performed prior to ENGINEERS approval of required submittals 628 safe structural loading 6 18 Safety and Protection 6 20, 7 2 132 Safety Representative 621 Scheduling the Work 692 Shop Drawings and Samples 624 Shop Drawings and Samples Review by ENGINEER 6 26 Site Cleanliness 617 Submittal Procedures 625 Substitute Construction Methods and Procedures 672 Substitutes and "Or -Equal" Items 6 7 1 Superintendence 62 Supervision 61 Survival of Obligations 634 Taxes ( 15 Tests and Inspections 13 5 To Report 25 Use of Premises 6 16-6 18, 6 30 2 4 Review Prior to Shop Drawing or Sample Submittal 625 Right to adjustment for changes in the Work 102 right to claim 4, 7 1, 9 4, 9 5, 9 11, 10 2,11 2, 119, 12 1, 13 9, 14 8, 15 1, 15 5, 17 3 Safety and Protection 6 20-6 22, 7 2, 13 2 Safety Representative 621 Shop Drawargs and Samples Submittals 6 24-6 28 Special Consultants 11 4 4 Substitute Construction Methods and Procedures 6 7 Substitutes and "Or -Equal" Items, Expense 67 1,672 Subcontractors, Suppliers and Others 6 8-6 11 Supervision and Superintendence 6 1, 6 2, 621 Taxes, Payment by 6 1S Use of Premises 6 16-6 18 Warranties and guarantees 65, 630 Warranty of Title 143 Written Notice Required -- CONTRACTOR stop Work or terminate 15 5 Reports of Differing Subsurface and Physical Conditions 4 2 3 Substantial Completion 149 nu Article or Paragraph Number Coordination_ CONTRACTOR's responsibility 692 Copies of Documents 22 Correction Period 13 12 Correction, Removal or Acceptance of Defective Work-- in general 10 4 1, 13 10-13 14 Acceptance ofDefechve Work 13 13 Correction or Removal of Defective Work 630, 13 11 Correction Period 1312 OWNER May Correct Defective Work 1314 OWNER May Stop Work 1110 Cost_ offasts and Inspections 13 4 Records ll 7 Cost ofthe Work -- Bonds and insurance, additional 11459 Cash Discounts 1142 CONTRACTOR's Fee 116 Employee Expenses 114 5 1 Exclusions to 115 General 11 4-11 5 Home office and overhead expenses 11 5 Losses and damages 11456 Materials and equipment 11 4 2 Minor expenses 114 5 8 Payroll costs on changes 11 41 performed by Subcontractors I1 4 3 Records 11 7 Rentals of construction equipment and machinery 114 53 Royalty payments, permits and license fees 11455 Site office and temporary £acalin" 11452 Special Consultants, CONTRACTOR's I1 4 4 Supplemental 11 4 5 Taxes related to the Work 11454 Tests and Inspection 134 Trade Discounts 11 4 2 Utilities, fuel and sanitary faulitres 114 57 Work after regular hours 11 4 1 Covering Work )3 6-13 7 Cumulative Remedies 17 4-17 5 Cutting, fitting and patching 72 Data to be furnished by OWNER 93 Day --definition of 1721 Decisions on Disputes 911 912 defective --definition of 1 14 defective Work -- Acceptance of 104 1, 13 13 EXEC GENERAL CONDITIONS 1910-8 (1990 EDITION W CITY OF FORT COLONS MODIFICATIONS (REV 9199) Correbtiori or Removal of Correction Period in general 1041, 1311 OWNER'S Repre&,ntativc 13 12 Payments to the CONTRAC FOR, 13, 14 7, 14 11 Responsibility for Recommendation c-Payment Article or Paragraph Number Observation by ENGINEER 92 OWNER May Stop Wort. 13 10 Prompt Notice of Defects 13 1 Rejecting 96 Uncovering the Work 13 8 Definitions 1 Delays 4 1, 6 29 12 3-12 4 Delivery of Bonds 2 1 Delivery of certificates of insurance 2 7 Determinations for Una Prices 9 10 Differing Subsurface or Physical Conditions -- Notice of 4 2 3 ENGINEER'S Review 4 2 4 Possible Contract Documents Change 4 2 5 Possible Price and Times Adjustments 4 2 6 Discrepancies -Reporting and Resolving 25 332,6 142 Dispute Resolution_ Agreement 16 1-16 6 Arbitration 16 1-16 5 gencra116 Mediation 166 Dispute Resolution Agreement 16 1-16 6 Disputes Decisions by ENGINEER 9 11-9 12 Documents -- Copies of 22 Record 6 19 Reuse of 3 7 Drawings --definition of 1 15 Easements 4 1 Effective date of Agreement — definition of 1 16 Emergencies 623 ENGINEER — as initial interpreter on disputes 9 11-9 12 definition of 1 17 Limitations on authority and responsibilities 9 13 Replacement of, 82 Resident Project Representative 93 ENGINEER's Consultant -- definition of 1 18 ENGINEER's-- authority and responsibility, limitations on 9 13 Authorized Variations in the Work 95 Change Orders, responsibility for 97, 10, 11, 12 Clarifications and Interpretation d 6 3, 9 4 Decisions on Disputes 9 11-9 12 defective Work, notice of 13 1 Evaluation of Substitute Items 6 73 Liability 6 32 9 12 Notice Work is Acceptable 14 13 Observations 6302,92 N 99, 14 144, 1413 Article or Paragraph Number ResponsrbiLtics--LnmtaGons on 9 11-913 Review of Reports on Differing Subsurface and Physical Conditions 4 2 4 Shop Drawings and Samples review responsibi Irty 626 Status Luring C instruction -- authorized variations in the Work 95 Clarifications and Interpretations 94 Decisions on Disputes 9 11-912 Determinations on Unit Price 910 ENGINEER as Initial Interpreter 9 11-9 l2 ENGINEER'S Responsibilities 9 1-9 12 Limitations on ENGINEER's Authority and Responsibilities 9 13 OWNER's Rep -sentative 9 1 Project Representative 93 Rejecting 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 7 2, 9 1 Equipmeni, Labor, Materials and 6 3-6 5 Equipment rental, Cost of the Work 11453 Equivalent Materials and Equipment 67 error or omissions 633 Evidence of Financial Arrangements 8 11 Explorations of physical conditions 4 2 1 Fee, CONTRACTOR'S- Costs Plus 11 6 Field Order -- definition of J 19 issued by ENGINEER 361,95 Final Application for Payment 1412 Final inspection 14 11 Final Payment -- and Acceptance 14 13-14 14 Prior to, for cash allovances 11 8 General Provisions 17 3-17 4 General Requirements -- definition of 120 principal references to 2 6, 6 4, 6 6,6 7, 6 24 Giving Notice 171 Guarantee of Work —by C ONTRACTOR 630, 14 12 Hazard Communication Program 9 622 Hazardous Waste— definition of 1 21 general 45 OWNEWs responsibility for R 10 EJCDC GE14FRAL CONDITIONS 1910 8 (1990 EDITION) W CITY OF I ORT COLLINS MODIFICATIONS (REV 9/99) Indemnification 612, 616631-633 Insurance 53 Initially Acceptable Schedules 29 Precedence 3 1 33 3 Inspection-- Reference to 3 3 1 Certificates of 9 114, 13 5, 14 12 Safety and Protection 620, 132 Final 14 11 Subcontractors, Suppliers and Others 6 8-6 11 Article or Paragraph Article or Paragraph Number Num her Special, required by ENGINEER 9 6 Tests and Inspections 13 5 Tests and Approval 8 7, 13 3-13 4 Use of Premises 6 16 Insurance-- Visits to Site 9 2 Acceptance of, by OWNER 5 14 Liability Insurance -- Additional, required by changes CONTRACTOR'S 54 in the Work 11459 OWNERS 5 5 Before starting the Work 27 Licensed Sureties and Insurers 53 Bonds and —in general 5 Liens -- Cancellation Provisions 58 Application For Progress Payment 142 Certificates of ;? 7, 5, 5 3, 5 4 11, 5 4 13, CONTRACTOR's Warranty of Title 143 5 6 5, 5 8, 5 14, 9 13 4, 14 12 Final Application for Payment 1412 can pleted riper ations 54 13 definition of 1 23 CONTRACTOR's Liability 54 Waiver of Claims 14 15 CONTRACTOR'S objection to coverage 5 14 Limitations on ENGINEER'S authority and Contractual Liability 54 10 responsibilities 913 deductible amounts, CONTRACTOR's Limited Reliance by CONTRACTOR responsibility 59 Authorized 4 2 2 Final Applicaton for Payment 14 12 Maintenance and Operating Manuals -- Licensed Insurers 53 Final Application for Payment 1412 Notice requirements, material changes 59, 105 Manuals (of others) -- Option to Replace 5 14 Precedence 3 3 3 1 other special insurances 5 10 Reference to in Contract Documents 33 1 OWNER as fiduciary for insureds 5 12-5 13 Materials and equipment -- OWNERS Liability 55 furnished by CONTRACTOR 63 OWNER'S Responsibility 85 not incorporated in Work 142 Partial Utilization, Property Insurance 5 15 Materials or equipment --equivalent 67 Property 5 6-510 Mediation (Optional) _ 167 Receipt and Application of Insurance Milestones --definition of 124 Proceeds 512-513 Miscellaneous -- Special Insurance 5 10 Computation of Times 172 Waiver of Rights 5 11 Cunmlative Remedies 174 Intent of Contract Documents 3 1-3 4 Giving Notice 171 Interpretations and Clarifications 363,94 Notice of Clams 17 3 Investigations of physical conditions 4 2 Professional Fees and Court Costs Included 17 5 Labor, Materials and Egwpment 6 3-6 5 Multi -prime contracts 7 Lands-- Not Show or Indicated 432 and Easements 8 4 Notice of -- Availability of 4 1 8 4 Acceptability of Project 14 13 Reports and Tests 8 4 Award, definition of 1 25 Laws and Regulations --Laws or Regulations-- Clams 173 Bonds 5 1-5 2 Defects, 131 Changes in the Work 10 4 Differing Subsurface or Physical Conditions 4 2 3 Contract Documents 31 Giving 171 CONTRACTOR's Responsibilities 6 14 Correction Period defective Work 13 12 Tests and Inspections 13 3 Cost of the Work taxes 11 4 5 4 Variat-ion, Shop Drawing and Sample 627 definition of 1 22 Notice to Proceed— general6 14 definition of 126 Indemnification 631-633 giving of 23 E1CDC GENERAL CONDITIONS 19I0-8 (1990 EDITION w/ CRY OF FORT COLLINS MODIFICATIONS (REV 9199) Notification to Surety 105 Observations, by ENGINEER 630, 92 Occupancy at the Walk 5 15 63024, 1410 Omissions or acts by CONTRACTOR 69, 913 Open Peril policy form Insurance 5 6 2 Option to Replace 5 14 Article or Paragraph Number "Or Equal" Items 67 Other work 7 Overnme Work --prohibition of 63 OWNER -- Acceptance ofdefechve Work 13 13 appoint an ENGINEER S 2 as fiduciary 5 12-5 13 Availability of Land;, responsibility 41 definition of 127 data, furnish 83 May Correct Defective Work 1314 May refuse to in ake payment 147 May Stop the Week 13 10 May Suspend Work, Terminate 8 8, 13 10, 15 1-15 4 Payment, make prompt 8 3, 14 4, 14 13 performance of other work 71 permits and licenses, requirements @ 13 purchased insurance requirements 5 6-5 10 OWNER's-- Acceptance of the Wort( 63025 Change Orders, obligation to execute 86, 104 Communications 8 1 Coordination of the Work 7 4 Disputes, request for deciwn 911 Inspections, tests and approvals 87, 134 Liability Insurance 55 Notice of Defects 131 Representative --During Construction, ENGINEERS Status 91 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 810 Change Orders 86 Changes in the Work 101 communications 8 1 CONTRACTOR'S responsibilities 89 evidence of financial arrangements 8 11 inspections, tests and approi als 87 insurance 85 lands and easements 84 prompt payment by 83 replacem ent of ENGINEER 82 reports and tests 8 4 stop or suspend Work 8 8, 13 JO 15 1 terminate CONTRACTORS services 8 8, 15 2 separate representative at site 93 testing independent use or occupancy of the Work written consent or approval i equired 13 4 515, 63024, 1410 91 63 114 G]CDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ C1TY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Article or Paragraph Number Nuinber written notice regmred 7 1,94 9 11 11 2, 11 9 14 7, 15 4 PCBs definition of 1 29 general 45 OWNER'S responsibility for 8 10 Partial Utilization— definition of 1 28 general 6 30 2 4, 14 10 Property Insurance 5 15 Patent Fees and Royalties 6 12 Payment Bonds j 1-5 2 Payments, Recommendation of 14 4-14 7, 14 13 Payments to CON] RACTOR and Completion -- Application for ProgressPayments 142 CONTRACTOR's Warranty of Title 143 Final Application for Payment 14 12 Final Inspection 14 11 Final Payment and Acceptance 14 13-14 14 general 8 3, 14 Partial Utilization 1410 Retamage 142 Review of Applications for Progress Paym ents 144-147 prompt payment 83 Schedule of Values 141 Substantial Completion 14 8-14 9 Waiver ofClaims 1415 when payments due 144, 14 13 withholding payment 147 Performance Bonds 5 1-5 2 Perm its 6 13 Petroleum— definition of 1 30 general 4 5 OWNER's responsibility for 8 10 Physical Conditions -- Drawings of, in or relating to 4 2 1 2 ENGINEER'S review 424 existing structures 4 2 2 general 4 2 12 Notice of Differing Subsurface or, 423 Possible Contract Documents Change 425 Possible Price and Times Adjustments 426 Reports and Drawings 42 1 Subsurface and, 42 Subsurface Conditions 42 11 Technical Data, Limited Reliance by CONTRACTOR Authorized 4 2 2 Underground Facilities -- general 43 Not Shown or Indm3ed 4 3 2 Protection of 4 3, 6 20 Shown or Indicated 43 1 1 ethnical Data 4 2 2 Pieconstruchon Conference 28 Preliminary Matteis 2 Preliminary Schedules 26 Premises, Use of 6 16-6 18 Price, Change of Contract 1 I Price, Contract --definition of 1 11 Progress Payment, Applications for 142 Progress Payment--retamage 142 Progress schedule, CONTRACTOR's 26, 2 8 29, 66,629 104,1521 Project --definition of 1 31 Project Representative— SNGINEER's Status During Construction 93 Project Representative, Resident --definition of 133 Prompt payment by OWNER 83 Property Insurance-- Additionai 57 general5 6-5 10 Partial Utilization 5 15, 14 102 receipt and application of pi oceeds 5 12-5 13 Protection, Safety and 6 20-6 21, 13 2 Punch list 14 11 Radioactive Material-- defmtion of 132 genera14 5 OWNER's responsibility for $ 10 Recommendation of Payment 144, 145, 14 13 Record Documents 619, 14 12 Records, procedures for maintaining 28 Reference Points 44 Reference to Standards and Specifications of Technical Societies 33 Regulations, Laws and (or) 6 14 Rejecting Defective Work 96 Related Work -- at Site 7 1-7 3 Performed prior to Shop Drawings and Samples submittals review 628 Remedies, cumulative 174, 175 Removal nr Correction ofDefecnwe Work 13 11 rental agreements, OWNER approval required 1145 3 replacement of ENGINEER, by OWNER 82 Reporting and Resolving Discrepancies 2 5, 3 3 2, 6 14 2 Reports — and Drawings 42 1 and Tests, OWNER'S responsibility 8 4 Resident and Project Representative— definition of 1 33 provision for 93 xu EICDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLUNa MODIFICATIONS (REV 9,99) Article or Paragraph Number Resident Superintendent, CONTRACTOR'S 62 Responsibilities-- CONTRAC f OR's-in general 6 ENGEQEER's-m general 9 Limitations on 9 13 OWNER's-in general 8 Reteinage 142 Reuse of Documents 3 7 Revtewby CONTRACTOR Shop Drawings and Samples Prior to Submittal 625 Review of Applications for Progress Payments 14 4-14 7 Right to an adjustment 102 Rights of Way 4 1 Royalties, Patent Fees and 612 Safe Structural Loading 6 19 Safety -- and Protection 4 3 2, 616, 6 18, 6 20-6 21, 7 2, 13 2 general 6 20-6 23 Representative, CONTRACTOR'S 621 Samples -- definition of 1 34 general 6 24-6 28 Review by CONTRACTOR 625 Review by ENGINEER 626,627 related Work 628 submittal of 6 24 2 submittal procedures 625 Schedule of progress 2 6, 2 8-2 9, 6 6, 6 29,10 4,15 2 1 Schedule of Shop Drawing and Sample Submittals 2 6, 2 8-2 9, 6 24-6 28 Schedule of Values 2 6, 2 8-2 9, 14 1 Schedules -- Adherence to 1521 Adjusting 66 Change of Contract Times 104 Initially Acceptable 28 29 Preliminary 26 Scope of Changes 10 3-10 4 Subsurface Conditions 4 21 1 Shop Drawings -- and Samples general 6 24-6 28 Change Orders & Applications for Payments, and 9 7-9 9 definition of 1 35 ENGINEER'S approval of 362 ENGINEER'S responsibility for review 9 7, 6 24-6 2R related Work 628 review procedures 2 8, 6 24-6 28 Article or Paragraph Number sulnn ittal required 624 1 Submittal Procedures 625 use to approve substitutions 6 7 3 Shown or Indicated 43 1 Site Access 72, 132 Site Cleanliness 6 17 Site Visits to -- by ENGINEER 92, 132 by others 132 "special causes of loss" policy form insurance 5 62 definition of 1 36 Specifications-- defination of 1 36 of Technical Societies, reference to 3 3 1 precedence 3 33 Standards and Specifications of Technical Societies 33 Starting Construction, Before 2 5-2 8 Starting the Work 24 Stop or Suspend Work - by CONTRACTOR 15 5 by OWNER 8 8, 13 10, 15 1 Storage of materials and equipment 4 1, 7 2 Structural Loading, Safity 618 Subcontractor -- Concerning, 6 8-6 11 definition of 1 37 delays 123 waiver of rights 611 Subcontractors --in general 6 8-6 11 Subcontracts --required provisions 5 11, 611, 11 43 Subic ittals-- Applications for Payment 142 Maintenance and Operation Manuals 1412 Procedures 625 Progress Schedules 26, 29 Samples 6 24-6 28 Schedule of Values 26, 14 1 Schedule of Shop Drawings and Samples Submissions 2 6, 2 8-2 9 Shop Drawings 6 24-6 28 Substantial Completion -- certification of 6 30 2 3, 14 8-14 9 definition of 138 Substitute Construction ,Methods or Procedures 6 72 Substitutes and "Or Equal" Items 67 CONTRACTOR's Expense 67 13 ENGINEER'S Evaluation 6 73 "Or -Equal" 67 1 1 Substitute Construction Methods ew EJCDC GENERAL CONDITIONS 1910 8 (1990 EDI71OM w/ CITY OF FORT COLLINS MODIFICA ❑ONS (REV 9/99) lcan porary construction face ties 41 Article or Paragi aph Article or Paragraph Number Number a Procedures Substitute Items Subsurface and Physical Conditions_ Drawings of, in or relatng to ENGINEERS Review general Limited Reliance by CONTRACTOR Authorized Notice of Differing Subsurface or Physical Conditions Physical Conditions Possible Contract Documents Change Possible Price and Times Adjustments Reports and Drawings Subsurface and Subsurface Conditions at the Site Technical Data Supervision— CONTRACTOR's responsibility OWNER shall not supervise ENGINEER shall not supervise Superintendence Superintendent, CONTRACTOR's resident Supplemental costs Supplementary Conditions-- 672 6712 4212 424 42 422 423 4212 425 426 421 42 4 21 1 422 61 89 92,9132 62 62 1145 definition of 139 principal references to 1 10, 1 18, 2 2, 2 7, 4 2, 4 3, 5 1, 5 3, 5 4, 5 6-5 9, 511, 68, 613, 74, 811, 93, 910 Supplementing Contract Documents 36 Supplier -- definition of 140 principal references to 3 7, 6 5, 6 8-6 11 6 20, 6 24, 9 13, 14 12 Waiver of Rights 611 Surety - consent to fmal payin eat ENGINEER has no duty to Notification of qualification of Survival of Obligations Suspend Work, OWNER May Suspension of Work and Term mation-- CONTRACTOR May Stop Work or Term mate OWNER May Suspend Work OWNER May Terminate Taxes --Payment by CONTRACTOR Technical Data -- Limited Reliance by CONTRACTOR Possible Price and Times Admiuneent Reports of Differing Subsurface and Physical Conditions xry Termination - by CONTRACI OR by OWNER 8 8, of ENGINEERS employment Suspension of Work-ingeneral Terms and Adjectives Tests and Inspections-- Access to the Work, by others CONTRACTOR's response bdiues cost of 13 4 covering Work prior to Laws and Regulations (or) Notice of Defects OWNER May Stop Work OWNERS independent testing special, required by ENGINEER timely notice required Uncovering the Work, at ENGMERs request Times - Adjusting Change of Contract Computation of Contract Trines --definition of day---- Milestones Requirements-- appeals clarifications, 155 15 1-15 4 82 15 34 132 135 13 6-13 7 135 131 13 10 134 96 134 13 8,139 66 12 172 1 12 1722 12 910, 16 claims and disputes 911, 112, 12 Commencementof Contract Tunes 23 Preconstruction Conference 2 8 schedules 2 6, 2 9, 6 6 Starting the Work 24 Title, Warranty of 143 Uncovering Work 13 8-13 9 14 12, 14 14 s Underground Facilities, Physical Conditions— 913 definition of 141 10 1, 10 5,15 2 Not Shown R Indicated 432 5 1-5 3 protection of 43, 620 634 Shown or Indicated 43 1 13 10, 15 1 Unit Price Work-- 15 claims Il 9 3 definition of 142 15 5 general] 1 0, 14 1, 14 5 15 1 Unit Prices-- 15 2-15 4 general 11 3 1 615 Determination for 910 Use of Premises 6 16 6 18, 6 30 2 4 42 2 Utility owners 6 13 6 20, 7 1-7 3, 13 2 426 Utilization, Partial 1 28,5 15 6 30 2 4,14 10 Value of the Work 11 3 42 3 Values, Schedule of 2 6, 2 8-2 9, 14 1 E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITV OF FORT C01LINS MODIFICATIONS (REV 9/99) Variations in Work--Mmor Authorized 6 25, 6 27, 9 5 Article or Paragraph Numlxr Visits to Site --by GNGINE+ER 92 Waiver of Claims --on Final Payment 14 15 Waiver of Rights by insured parties 5 11, 6 11 Warranty and Guarantee, General --by CONTRACTOR 630 Warranty of title, CONI RACTOR's 143 Work -- Access to 132 by others, 7 Changes in the 10 Continuing the, 629 CONTRACTOR May Stop Work or Term mate 155 C iotdmation of 74 Cost of the, 11 4-11 5 definition of 1 43 neglected by CONTRACT OR 13 14 other Work 7 OWNER May Stop Work 13 l0 OWNER May Suspend Work 13 10, 15 1 Related, Work at Site 7 1.73 Starting the, $ 4 Stopping by CONTRACTOR 155 Stopping by OWNER 151-154 Variation and deviation authorized, minor 36 Work Change Directive -- claims pursuant to J0 2 definition of 144 principal references to 3 5 3, 10 1-10 2 Written Am endm ent-- defimtion of 145 principal references to 1 10, 3 5, 5 10,15 12, 662, 682, 619, 101, 104, 112, 121, 13 12 2, 1472 Written Clarifications and Interpretations 363, 94, 9 11 Written Notice Required -- by CONTRACTOR 7 1, 9 10-9 11, 10 4, 112, 12 1 by OWNER 9 10-9 11, 10 4, 11 2, 13 14 nv EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) xm LJCDC GENERAL CONDIT IONS 1910-8 (1990 EDITION) W CITY OF FORT COI 1 INS MODIFICA 11 ONS (REV 9/99) CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS GENERAL CONDITIONS ARTICLE L-DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings mdmated which are applicable to both the singular and plural thereof 11 Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents 12 Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed, other Contract Documents are attached to the Agreement and made a part thereof as provided therein 13 Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents 14 Asbestos --Any material that comae m more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration 15 Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the canes for the Work to be performed 16 Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) 17 Biddmg Requtremendr--The advertisement or invitation to Bid, instructions to bidders, and the Bid Corm 18 Bonds —Performance and Payment bonds and other instruments of security 19 Change Order —A document recommended by ENGINEER, which its signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement 110 Contract Documents —The Agreement Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (mcludtng documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERAL CONDITIONS 1910 S (1990Ftdnan) WI CITY OF FORT( OLLINS MODIFICATIONS (REV 4R000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives Meld Orders and ENG[NEER's written interpretations and clarifications issued pursuant to paragraphs 35, 3 6 1 and 1 63 on or after the Et%cuve Date of the Agreement Shop Drawing submittals approved pursuant to paragraphs 6 26 and 627 and the reports and drawings refered to in paragraphs 4 2 1 and 4 2 2 are not Contract Documents I It Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Ccntmet Documents as stated to the Agreement (subje(t to the provisions of paragraph 119 1 in the case of Unit Pnee Work) 1 12 Contract Times-1 he numbers of days or the dates stated in the Agreement (i) to achieve Substantial Completion, and (it) to complete the Work so that it is ready for firvil payment as evidenced by ENGINEER's written recommendation o; final payment in accordance with paragraph 14 13 1 13 CONTRACTOR-1 he person, firm or corporation with whom OWNER has entered into the Agreement 114 defective --An adjective which when modifying the word Work refers to Work that its unsatisfactory faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14ll or 1410) 1 15 Drawings --The drawings which show the scope, extent and character of the Work to be tumished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents Shop drawings are not Drawings as so defined 116 Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is mdnciLed it means the date on which the Agreement its signed and delivered by the last of the two partles to sign and debver 117 ENGINEER —The person, firm or corporation named as such in the Agreement 118 ENGINEER's Consultant --A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent piofessiciml associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions 119 Field Order --A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 515 but which does not involve a change in the Contract Price or the Contract Tories 120 General RequirementsSectionsof Division 1 of the Specifications 121 Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended Gam time to time 122 a Laws and Regulations, Laws or Regulations --Any and all applicable laws, rules regulations, ordinances, codes and orders of any and all governmental bodies agencies, authorities and courts havrrig junsdicnon 122 b Legal Holidays -hall be those holidays observed by the Cr of Eort Collus 123 Liens --Liens, charges, security interests or encumbrances upon real property or personal property 124 Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work 125 Nonce of Award —A written nonce by OWNER to the apparent successful bidder staling that upon compliance by the apparent successful bidder with the conditions Precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement 1 26 Notice to Proceed --A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Tunes will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents 127 OWNER —The public body or authority, corporation, associahort, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 128 Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work 129 PCBs —Polychlorinated biphemyls 130 Peirclermr--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 147pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, of refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils 131 Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents 132 a Radtoaehve Matenal—Source special nuclear, or byproduct material as defined by the Atomic Energy Act of ErCDC GENERAL CONDITIONS 1910A (1990 Edbnar) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 et sea) as amended from time to time 132 b ReKrtlar WorkingHours--Regular working hours are defmcd as 700am to 60�0 rn unless otherwise specified m the General Reauirenrerits 133 Resident Project Representative —The authorized representative of ENGINEER who may be assigned tu the site or any part thereof 134 Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and Much establish the standards by which such portion of the Work wilt be judged 135 Shop Drawings --All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work 136 Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto 137 Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with arty other Subcontractor for the performance of a part of the Work at the site 138 Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, m accordance with the Contract Documents, so that the Work (or specified part) Lan be induced for the purposes for which it is intended, or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of East payment In accordance with paragraph 14 13 The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 139 Supplementary Candihors—The Fart of the Contract Documents which amends or supplements these General Conditions 140 Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or arty Subcontractor 1 41 Underground Famlthes—All pipelines, conduits ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such faedAres which have been installed underground to furnish any of the following services or materials electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control system, or water 142 Chit Pnce Nlak-Work to be paid for on the basis of unit prices 143 Work --The cadre completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents Work includes and is the result of performing or hamstring labor and famishing and incorporating materials and equipment into the construction, and performing or furnishing services and Furnishing documents, all as required by the Contract Documents 144 Wak Change arective-A written directive to CONTRACTOR Issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work or responding to drffermg or unforeseen physical conditions under which the Work is to be performed as provided in paragraph42 or 43 or to emergencies under paragraph623 A Work Change Directive will not change the Contract Pnce or the Contract Times but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Pnce or Contract Times as provided in paragraph 10 2 145 Written Amembownt--A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineenng or nontechnical rather than strictly construction -related aspects of the Contract Documents ARTICLE 2-PRELL NUNARY MATTERS Delivery of Bonds 21 When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish an accordance with paragraph 5 1 Copies pf Documents 22 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work Additional copies will be furnished upon request, at the cost of reproduction Commencement of Contract Times, Notice to Proceed 23 The Contract Tunes will ewnrnence, to inn on the thttath day after the Effective Date of the Agreement, or, EICDC GENERAL CONDITIONS 1910 8 (1990 LdiUm) WI CITY OF FORT COLLINS MODIFICATIONS (REV 42000) if a Notice to Proceed is given, on the day mdlcated in the Notice to Proceed A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement—-rro-evan�:.,,' �.,:a-Ce,.trse= Tr.nes cwxniease-&ate-later-than-Elm-sy�sEh-day-afte�the-day ef-aid opermigeH.4ie-tlurtie[Irdeyefter..,,. ,.gym.. e€iheA,g.�.er;�w,ve4awri-date-i5-ear-her Starting the Work 24 CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Tunes commence to run Before Starting Construction 25 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertment figures shown thereon and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflret, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby, however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 26 Within ten days after the Effective Date of the Agreement (unless otherwise specked in the General Regmrements), CONTRACTOR shall submit to ENGINEER for review 261 a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, 262 a preliminary schedule of Shop Drawing and Sample submittals winch will list each required submittal and the times for submitting, reviewing and processing such submittal, 2621 In It case will a schedule be aecentable wlvch allows less than 21 calendar days for each review byEngineer 2 63 A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work 27 Before any Wort at the site is started, CONTRACTOR and-9WAIER shall each deliver to the other OWNER with copies to eaoh-ecldeHanel-insured cden� nea'ne ccugplemee,ksry-EendlElena ENGINEER certificates of Insurance (and other evidence of insurance whleh�;:'�-„-c •;o-;;-eF-erxy_addltrerm]-Insured-nley reasirsibl)—Iequest reuuested by OWNER) which CONTRACTORimd-(-}WNER- espee#veiy-are is required to purchase and maintain in accordance with paragraphs 5 4;-75-6-ond3-7 PI econsYruction Conference 28 Within twenty days after the Contract Times start to run, but before any Work at the site is started a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 26, procedures for handling Shop Drawings and other submittals processing Application for payment and mannammg required records Initially Acceptable Schedules 29 Unless otherwise provided in the Contract Documents, efPa�{U�uerrefthe-f`vsE Applt xoromfor-Payment before anv work at the site beems a canterence attended by CONTRACTOR, ENGINEER and others as ����eprnite desumatedby OWNER, will be held to review of r ncceptabrhty to ENGINEER as provided below the schedules submitted in accordance with paragraph26 and Division I - General Requirements CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Tunes, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling a progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance ARTICLE 3--CONTRACT DOCUMENTS INTENT, AMENDING, REUSE Intent 31 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work The Contact Documents are complementary, what is called for by one is as binding as it called for by all The Contract Documents will be construed in accordance with the law of the place of the Project 32 It is the intent of the Contract Documents to EIODC GENERAL CONDITIONS 19104 (1990 Edition) w/ OTY OF PORT COLLINS MODIFICATIONS (REV 4/2000) describe a funeuonally complete Project (or part thereof) to be constructed in accordance with the Contract Documents Any Work, materials or equipment that may reasonably he inferred Gom the Contract Documents or Gom prevailing custom or trade usage as being required to produce the intended result will he furnished and performed whether or not specifically called for When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be mterpreted in accordance with that meaning Clarifications and Interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9 4 33 Reference to Standards and Spec jeations of Technical Societies, Reporting and Resolving Discrepancies 33 1 Reference to standards, specifications, manuals or codes of am technical society, orgaruvatmn or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification manual code or Laws or Regulations in effect at the mane of opening of Bids (or, on the Effective Date of the Agreement if there were no Buds), except as Play be otherwise specifically stated in the Contract Documents 332 If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6 5 CONTRACTOR shall report it to ENGINEER in writing at once, and CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authonwd by paragraph 623) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Famgraph 3 5 or 36, provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof 3 3 3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment a supplement thereto issued by one of the methods indicated in paragraph 3 5 or 36, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and 3 3 3 1 the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) or 3 3 3 2 the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation) No provision of any such standard, specification, manual, code or instruction shall be efPeeuve to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER.. ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibdLLy inconsistent with the provisions of paragraph 9 13 or any other provision of the Contract Documents 3 4 Whenever an the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terns of like effect or unport are used or the adjectives "reasonable", "suitable", "acceptable". "proper" or "satisfactory" or adjectives of Us effect or import are used to describe a requirement, direction, review a jud@nent of ENGINEER as to the Work, it is intended that such regiiuement, dmecuan, review or judgment will be solely to evaluate, in general the completed Work for compliance with the requirements of and inforinatim in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there Is a specific statement indicating otherwise) The use of arty such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise of direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9 13 or any other provision of the Contract Documents Amending and Supplementing Connaet Documents 35 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways 3 5 1 a formal Written Amendment, 3 5 2 a Change Order (pursuant to paragraph 10 4), or EICDC GENERAL CONDITIONS I910-8 (1990 L tion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 3 5 3 a Work Change furmuve (pursuant to paragraph 10 1) 36 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Wor< may be authorized, in one or more of the following way, 36 1 A Field Order (pursuant to paragraph 9 5), 362 ENGINEER's approval of a Shop Drawing or Sample (pursuant w pmagraphs 6 26 and 627) or 3 6 3 ENGINEER's written interpretation or clarification (pursuant to paragraph 9 4) Reuse ofDoeuments 37 CONTRACI OR, and any Subcontractor or Supplier a other person or organization performing or fwmhmg any of the Work under a direct or indirect contract with OWNER (I) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or hearing the seal of ENGINEER or ENGINEER's Consultant, and (it) shall not reuse any of such Drawings, Specifcatims, other documents or copies on extensions of the Proje(A or any other project without written consent of OWNEpi and ENGINEER and specific written verificauon or adaptation by ENGINEER ARTICLE 4--AVAILA.BILITY OF LANDS, SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS Availability ofLandv 41 OWNER shall fumsh, as indicated in the Contract Documents, the lands upon which the Work is to be Performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR FI)-feosanablawitEcegae:.� 9WNE12-3f1aiF-€urm�r—CElFI�n n n��On ....tit--a--OBFreet lands—upen—w4riek—tHe--W^.,ar s OWNER shall Identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents It CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contact Times as a result of any delay in OWNER's tumishmg these lands, rghts- f- way or casements CONTRACTOR may make a claim therefor as provided in Articles it and 12 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction lacihnes or storage of materials and equipment 42 Subsurface andPhpscal Conrhlions 42 1 Reports and Draeangs Reference is made to the Supplementary Conditions for identification of 42 I 1 Subsurface Conditions Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents and 4 2 12 Physical Conditions Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been unhurt by ENGINEER in preparing the Contract Documents 422 Limited Rehance by CONTRACTOR Authorized, Technical Data CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drasvrngs, but such reports and drawings are not Contract Documents Such "technnial data" is identified in the Supplementary CondArais Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER a any of ENGINEER'S Consultants with respect to 4 2 2 1 the completeness of such reports and drawings for CONTRACTORS purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4222 other data, interpretations, opinions and information contamed in such reports a shown a militated in such drawings, a 42 23 any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information 4 2 3 Notice of Dieing Subsurface or Physical Conditions If CONTRACTOR believes that any subsurface or physical condition at a contiguous to the site that is uncovered or revealed either 4 2 3 1 is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4 2 1 and 4 2 2 is materially inaccurate, or 4 2 3 2 is of such a nature as to require a change m the Contract Documents, or 4 2 3 3 differs materially &am that shown or EICDC GENLRAL CONDITIONS 19104 (1990 E(Itioi) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) indicated in the Contract Documents, or 4 2 3 4 is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recogruzed as inherent in work of the character provided for in the Contract Documents, then CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph(,23), notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of wr itten order to do so 4 2 4 ENGINEERS Review ENGINEER will promptly review the pertinent condmons, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions 425 Possible Contract Docann¢nts Change If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categon-s in paragraph 4 2 3, a Work Change Directive a a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change 426 Possible Price and Times A4usfinents An equitable adjustment in the Contract Price ar in the Contract Tunes, or both, will be allowed to the extent that the existence of such uncovered a revealed condition causes an increase or decrease in CONTRACTOR's cost of, a hmerequired for performance of the Work, subject however to the following 4 2 6 1 such condition must meet any one or more of the categories described in paragraphs 4 2 3 1 through 4 2 3 4, inclusive, 4262 a change in the Contract Documents pursuant to paragraph 4 2 5 will not be an automatic authoniation of nor a condition precedent to entitlement to any such adjustment, 4263 with respect to Work that is paid for on a Unit }rice Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9 10 and 119, and 4 2 6 4 CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if, 4264 1 CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitmen, to OWNER in respect of Contract Price and Contract Tunes by the bubmBsom of a bid or becoming bound under a negotiated contract, or 4 2 6 4 2 the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration test or study of the site and contiguous arras required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTORS making such final commitment, or 42643 CONTRACTOR failed to give the written notice within the tune and as required by paragraph 4 2 3 If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times a claim may be made therefor as provided in Articles I I and 12 However, OWNER, ENGINEER and ENGINEBRk 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 a anticipated project 43 Physical Conrhhons—Underground Facilities 43 1 Shoo or Indcated The information and data shown or mdicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others Unless it is otherwise expressly provided in the Supplementary Conditions 43 11 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data, and 43 12 The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for (i) reviewing and checking all such information and data, (a) locating all Underground Facilities shown or indicated in the Contract Documenis,(in) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragmph620 and repairing any damage thereto resulting from the Work 4 3 2 Not Shoats or Indicated If an Underground Facility is uncovered or revealed at or contiguous to the site wlach was not shown or indicated in the Contract Documents CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or perform ing any Work in connection therewith (except m an en)iagency as required by paragraph 623) identify the owner of such Underground Facility and EJCDC GENERA3 CONDITIONS 1910-8(1990 Ldnm) cal CITY OF FORT COLLINS MODIFICATIONS (REV 42000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility If ENGINEER concludes that a change in the Contract Documents is required a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences During such time CONTRAUI OR shall be responsible for the safety and protmhon of such Underground Facility as provided in paragraph 620 CON1 RACTOR shelf may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or mdicateti in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract tunes, CONTRACTOR may make a claim therefor as provided in Articles l l and 12 However, OWNER, ENGINEER and ENGINEERS Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on cr m connection with any other project or anticipated project Reference Points 44 OWNER shall provide engineering surveys to establish reference points for conshnetion which in ENGTNEERs judgment are necessary to enable CONTRACTOR to proceed with the Work CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost of destroyed or NXtuffes relocation because of necessary changes in grades or locations and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel 4,5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 451 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste a Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or etennfied in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors Suppliers or anyone else for whom CONTRACTOR is responsible n c��PnrrrnrTr�j�s�,el}- rstop a! eatutaetien-wiGrsueh-kaardeus-cotxLhen-end any-Fequffed-pcm-.�r�.ated-thv.�-a acHYer2d-fe that-susla�anyefraated a.�.,. r..�s,�.,... e erineglig 0%6�£Nyvp�rmo net�xided-te-apply-Ee-AsbesEes �.f,� `a�;r 14avtudeus-Waste-or-P ed>,x�unsoverecl EIMC OENLRAL CONDI LIONS 1910-8 (1990 9�6tTim) wl CITY OF FORT COLLINS MOIATICA"IIONS(. V4h000) ARTICLE 5--BONDS AND INSURANCE Performance, Payment and Other Bonds 5 1 CONTRACTOR shall furnish Performance and Payment Bonds each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents These Bonds shall remam in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations a by the Contract Documents CONTRACTOR shall also famish such other Bonds as are required by the Supplementary Conditions All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) bt the Audri Staff, Bureau of Government Financial Operations, US Treasury Department All Bonds signed by an agent must be accompanied by a cerufied copy of such agent's authority to act 52 If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated many state where any part of the Project is located a it ceases to meet the requirements of paragraph 5 1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 53 Licensed Sureties and Insureis, Certificates of buorance 53 1 All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety o insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coves ages so required Such surety and msumnce companies shall also meet such additional requuemems and qualifications as may be provided in the Supplementary Conditions 532 CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and matntem in accordance with paragraph 5 4 QW1sT5ti--sha{j dJahvea-te-C9NgFRJA�(D-OR--with--sopies�o-sash 9RONOflai—in9arEd-1¢Gliii m••.I�Q�lie �{ne Conditiat��edifieaEeS�f—uisuransa-(end--cRher 6WEltlnae-ef-inSafl4H6B-iQgf38Gfad-by- /��ITD A r�ipc er-any-e4ie ddit�l-uwefed)-wmeh-GWi3ER-9 required te�ersFmseaad-meulEain-arneserMaee-wah paragrap„���,-hareef CONTR4CT'OR's Liability Insurance 54 CONI RACTOR shall purchase and mamtam such liability and otter insurance as is appropriate for the Work being performed and furnished and as will provide protection from claws set forth below which may arise out of or result from CONTRACTOR's performance and firrushmg of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or fumsh any of the Work, or by anyone for whose acts any of them may be liable 541 claims under workers' compensation, disability benefits and other similar employee benefit acts, 5 42 claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees, 5 43 claws for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR'S employees, uidireetly-r reran •no.c p,oyment-ef-suchgersen by 545 claws for damages, other than to the Work itsel[ because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom and 5 4 6 claws for damages because of bodily injury or death of any person or property damage arising out of the ownership, mamtenance or use of any motor vehicle The policies of insurance so required by this paragraph 5 4 to be purchased and maintained shall 5 4 7 with respect to assurance required by paragraphs 5 4 3 through 5 4 6 inclusive and 5 4 9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons a entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such adchtional Insureds, 5 4 8 include the specific coverages and be written for not lees than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever vs greater 549 include completed operations insurance, E]CDC GENERAL CONDITIONS 1910 8 (1990 L ham) WI CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 5 4 10 include contractual liability insurance covering CONTRA(FOR's mdemmty, obliganons under paragraphs 6 12, 6 16 and 6 31 through 6 33 5 4 11 contain a provision or endoisemem that the coverage afforded will not be cancelled, materially changed or renewal ra fused until at least thirty days' prior written notice his been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conrhuons to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5 3 2 will so provide), 5 4 12 remain in effect at least until final payment and at all tunes thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13 12, and 5 4 13 with respect to completed operations assurance, and any insurance coverage written on a clans -made basis remain in effect for at least two yews after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional Insured of continuation of such insurance at final payment and one year thereafter) OWNER's Lrabthly Insurance 55 In addition to instance requned to be provided by CONTRACTOR under paragraph 54, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims winch may anse from operations under the Contract Documents Properly Insurance 56-1.'_less-otlr�yyse_tnevided-mph®_Suppl®nta>tiary aflee-ypenfM in - of the t i Snpple�rteNnry-�a�Etere.-odd- arLa;m".�arid .�,s•.-_�—T,v as-ansureneeclreN- 6FN'CPdtrFOPG and any other pe ras; or ffitrHes- ident+fiat-mrthe-Supplentantnry-Condtnoas ea,:l�cirmed-Ee-have�nFeresE t e�itaena{-assured; opera-p®rler-special-ceuses-©4-f�orrta-that �skrde-mszxansa�et-physc-al-{es<�r damage-ie-the liier{�tempemry-bw{&mgs;-fe}sewerk aid-W�a§ensitbi n^ tam,...• --� ust-et-least tke--fa.,av,;,g p_rL=,6^gig—eadandad coverage, ``"dahnn-wtd earth^..moow, ,.apse--debars-remeval—�mekHen escasrenedby- fereement-f-L-ews and -Regulations water da spestfisallyre-Barred-b¢'b.��applementary�ondrNen� �.efan• _ -n,v,a.�,.' ^-^^.r�Yaro,..,.,a�kut-nst Ivn+tsd--re-fcos-nnd�"-sas�.�:.ga,:me-c.:,d 54 ver-rnateaalsand-equrpmenFstored-athe-sne er-ae-enetl g-by GRVNER pnrrvdsd-llrat3u€Mmaterlelsand ur ^-• ��. � ���- tuektded-ft�C r-paym trr�ended by 9N 41,;RRR -afd 59 OWNER shall not be responsible for purchasmg and mamtammg any property Insurance to protect the Interests of CONTRACTOR, Subcontractors or others to sush aft ;em-wtshes-prepel#y-msurenea eever ge ...it.- the limits o�aamemts, _ -may sin ,f rn_wrrn Arr_na spaswl� >nser� "e '�e ._ lad^. d--.,r' �periy-trruraoee �tded-un&e�-peregraphs3�e. c -rT,,^ .�.,irnrcR shell-tt-pess',,,,--.r,,,,na�-�_ -eh-tosurmse am,-�-_ ___t thereofOrd -eherged-te-(�9T'r''�'.Q^f �oj�pgrepaeta Change Order n 10 LJCDC GENERAL CONDITIONS 1910 8 (1990 Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) eemmensontaa4oC-tho-Work-at-thesll., v�kw€���6'1-9iZ-+vhether-or-not-such-etkwr dby�GWNFR- S-1-1 ef-RrghFs- Gawultmt6 mi al1mur,-et} ds mde s -, pe4tea lessgs-agA-demagw-s_ emsed mak g�eh� may have to payable-ur�sy-se-e;sued' riiili!!�.TR .. _ 011 ^. ✓3efB,y69�� ,other _Q er- ce. tsegner.."ha' m�go�1etng gWERs-prepert5�:-oase,-zy. ,4,theFBFABHnSk•'at.,,ni a:mt My-msuranewga Of effiontetneal lose referr R-severmg arty'---�,�age�r-aeosa�{ueoEtel-lessreferred-te�ilvs paragtap�' ^^ y'a,leentetx prevlstons-tofhe-effect-that ur-khaaveat-e€-geymenE-o�.f--., ;-��,cu seaeequential o6&4r" SECTION 00020 INVITATION TO BID 07/20DI Section 00020 Page 2 reeove-ry- against -any -ee �n,o �nT„Subeantracter5, EN6FNEEI�-7�IG 4Ecers, direnters; am97oyeesax$-agernsef-any-oflhem- Receipt andAppheation oflnsurance Proceeds 5 12 Any insured loss under the policies of insurance required by paragraphs 5 6 and 5 7 will be adjusted with OWNER and made payable to OWNER its 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 a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment 5 13 OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in wntmg within fifteen days after the occurrence of loss to OWNER's exercise of this power If such objection be made OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers �bW Acceptance of Bonds and Insurance, Option to Replace 514 If �.t.:.„ rnnmrcn nnwrrn nnrnn. OWNER has any objection to the coverage afforded by or other provisions of the Rends- er insurance required to be purchased and maintained by the otiler—paily CONTRACTOR in accordance with Article 5 on the basis of nonconfonaance with the Contract Documents, the ebjeeWtg-peaty-shall-so-ne&fy-[)reetherywrty OWNER writ notify CONTRACTOR in wntnlg within ten ifteen days after receipt delivery of the certificates (or -ether -widens requested) to OWNER as required by paragraph 2 7 OWNER tied-CQNT^'nAGT--'-- ^°a" eireh-provide-ter-the ether -such -edit Partial Ulduation-Property Insurance 5 15 If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial FSCDC GENERAL CONDMON I9108(1990Ethnic) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) Completion of all the Wort: such use or owupancy may be accomphshed in accordance with paragraph 1410, provided that no such use or occupancy shall commence before the Insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coretage necessitated thereby The answers providing the property insurance shall consent by endorsement on the policy or policies but the property insurance shall rot be can(elled or permitted to lapse on account of any such partial use or occupancy ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES Supervision andSupenntendence 61 CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with du Contraei Documents CONTRACTOR shall be solely responsible for the means, methods techniques, sequences and procedures of constriction, but CONTRACTOR shall not be responsible for the negligence of other, in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents 62 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, Materials vidEquipinent 63 CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents CONTRACTOR shall at all times maintain good discipline and order at the site Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise mdicah d in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior wntten notice to ENGINEER CONTRACTOR shall submit requests to the ENGINEER no less than 49 hours in advance of any Work to be performed on Saturday, Sunday, Holidays or outside the Reeular WorkmgHous m 64 Unless otherwise specified in the General Requirements, CONTRACTOR stall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light heat, telephone, water, Sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance testing start-up and completion of the Work 641 Purchasing Restrictions CONTRACTOR must comply with the City's Purchasing restrictions A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the Cav Clerk's office 642 Cement Restrictions City of Fort Collins Resolution 91-121 requrres that suppliers and Producers of cement a products conlaimng cement to certify that the cement was not made in cement Uns that bum hazardous waste as a fuel 65 All materials and equipment shall be of good quality and new except as otherwise provided in the Contract Documents All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment All materials and equipment shall be applied, mstalled, connected, erected, rued, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents Progress Schedule 66 CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2 9 as it may be adjusted from time to tune as provided below 661 CONTRACTOR shall subunit to ENGINEER for acceptance (to the extent indicated in paragraph 29) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones) Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto 6 62 Proposed adjustments in the progress schedule that will change the Contract Times (or Ivhlestones) shall be submitted in accordance with the requirements of paragraph 12 1 Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12 67 Substetutesand"Or-Equal"Items 6 7 1 Whenever an [tern of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item car the name of a particular Supplier, the specification or description is intended to establish the type function and quahty required Unless the specification or description 12 EICDCGENERAL CONDITIONS 191a3()990 Iota.) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances 6711 'Or -Equal" if in ENGINEER's sole discreton an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item in which cast review and approval of the proposed item may in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items 6 7 12 Subshtute )terns If in ENGINEER'S sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "orequal' item under subparagraph 67 1 1, it will be considered a proposed substitute item CONTRACTOR shall submit sufficient intonation as provided below to allow ENGINEER to determine that the item of material or equipment piopo,ed is essentially equivalent to that named and an acceptable substitute therefor The procedure for n view by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances Requests for review of proposed substitute items of material or equipment will not be accepted by FNGINEER from anyone other than CONTRACTOR ff CONTRACTOR wishes to f rm sh or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not moorpomtion or use of the substitute in connection with the Work is subject to payment of any license fee or royalty All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement servme will be indwated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including casts of redesign and clans of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute ENGINEER may require CONTRACTOR to farmsh additional data about the proposed substitute 6 7 1 3 CON'IR9CTOR's Expense All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense 672 Substitute Construction Methods or Procedures If a speck means, method, technique sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, techmque, sequence or procedure of construction acceptable to ENGINEER CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER'S sole discretion, to detennme that the substitute proposed is equivalent to that expressly called for by the Contract Documents The procedure for review by ENGINEER will be similar to that provided in subparagraph 6 7 12 673 Engine✓s Evaluation ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6 7 12 and 6 7 2 ENGINEER will be the sole judge of acceptability No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing OWNER may require CONTRACTOR to famish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute ENGINEER will record time required by ENGINEER and ENGINFEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6 7 12 and 6 7 2 and in making changes in the Contract Documents a Inthe provisions of any other direct contract wig OWNER for work on the Project) occasioned thereby Whether or not ENGINEER accepts a substitute item set proposer) or submitted by CONTRACTOR, CONTRACTOR shall re rnburs, OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item 68 Concerning Subcontractors, Suppliers and Others 6 8 1 CONTRACTOR shall not employ any Subcontractor. Supplier or other person or orgamzation (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6 8 2), whether wtially or as a substitute, against whom OWNER or ENGINEER may heee reasonable objection CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection EJCDC GENERAL CONDITIONS 1910 8 (1990 Edama) wl ©TY OF FORT COLLINS MODIFICATIONS (REV 4,2MO) 69 CONTRACTOR shall perform not less than 20 percent of the Wnrk with its own forces (that is without subcontractme) Lhe 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 Wicent of the Contract Price 6 8 2 'r,.— ;�-� °�pkaner�fa:�--C-'�-• Blddme Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (mcludirg those who are to furnish the principal items of materials or equipment) to be submitted to OWNER m-ad'-.-�. , die spea•,.�a date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, --an" nrn��nrnn �a3 _ OWNER's or ENGINEER's acceptance (either in writing a by failing to make written objection thereto by the date indicated For acceptance or objection m the bidding documents or the Contract Documents) of may 'no -kieron the errs&& siey�e-idenjmtrot mares d e:ored-gationeshall submit air LINUTIN ItIC NO acceptance oy VWNhN Or ENGINEER of any such Subcontractor, Supplier or other person or orgam tation shall constitute a warver of any tight of OWNER or ENGINEER to reject defective Work 69 1 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Sub contmetons Suppliers and other persons and organizations perfam vig or furnishing any of the Work under a diect or Indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR'S own acts and omissions Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relmacanlarp between OWNER w ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor Supplier or other person or organization except as may otherwise be required by Laws and Regulations OWNER m ENGINEER n my turnish to any subcontractor, supnher or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment" 33 692 CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and orgarurauons performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall requne all Subcontractors, Suppliers and such other persons and orgamratiorm performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6 10 The divisions and seruoas of the Spect6catuam and die identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors ex Suppliers or detmeatmg the Work to be performed by any specific 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 specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and E NGINEER is with a s-en addili eranee-previded-mr _,.� II Lh. .. IIYYTiCD !`/�TTTDA!`Tf�D akants nTf�r�IAY YH.fW Y�TlRT1YnRl[!'fi Patent Fees and Royalties 612 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others If a particular invention, design, process, product or device m specified in the Contract Documents for use inn the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to Patent rights or copynghts calling for the payment of any license fee or royalty to others, the existence of such rights shall be disctosed by OWNER in the Contract Documents To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, EN(3MF.R's Consuttants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs losses and damages arising out of or resulting from any inGingentenI of patent rights or copyrights incident to the use In the performance of the Work or resulting frein the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents 14 EICDC GENERAL CONDITIONS 1910 8 (1990 Bdit2 n) w/ CI IY OF FORT COLLINS MODIFICATIONS (ILEy 42000) Permits 6 13 Unless otherwise provided in the Supplementary Conditions, CONTRACTOR Shall obtain and pay for all construction permits and licenses OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Wol k, which are applicable at the lime of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees 6,14 Laws andRegulahans 6 14 1 CON TRACTOR shall give all notices and comply with all Laws and Regulations applicable to furmshnng and performance of the Work Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations 6 14 2 If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulatrons, CONTRACTOR shall bear all cleans, costs, loses and damages caused by, arising out of or resulting therefrom, however, it shall not be CONTRACTOR's primary responsibility to make certain that the Spect catioms and Drawings are in accordance with Laws and Regulations, but thus shall not relieve CONTRACTOR of CONTRACTOR'S obligations under paragraph 3 3 2 Taxes 615 CONTRACTOR 4iall pay all sales consumer use and other snmlar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulauorm of the place of the Project which are applicable during the performance of the Work 6151 OWNER m exempt from Colorado State and local sales and use taxes on materlals to be pennenently mcorporatcd into the project Said taxes shall not be included m the Contract Rice Address Colorado Department of Revenue State Camel Annex 1375 Sherman Street Denver. Colorado 80261 Sales and Use Taxes for the State of Colorado Regional Transportation District (RTD) and certain Colorado counties are collected bathe State of Colorado and are included in the Certification of Exemption All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and buddingmaterials physically ncomorated into the protect are to be paid by CONTRACTOR and are to be included in appropriate bid items Use of Premises 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 permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work Should any clam be made by airy such owner a occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other parry by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone dmecdy or indirectly employed by any of them from and against all clamps, costs, losses and damages ansing out of or resulting from any clam or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR'S performance of the Work 6 17 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machmery and surplus materials CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work CONTRACTOR shall restore to original condition all property not designated for alteration by the Conti act Docum ents 6 18 CONTRACTOR shall not load nor penurt any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any pan of the Work or adjacent property to stresses or pressures that will endanger it Record Documents ILCDC GENERAL CONDITIONS 1910 8 (1990 Emit..) W CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 619 CONTRACTOR shall maintain in a safe plaec at the site one record copy of all Drawings, Specdieauons, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9 4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference Upon completion of the Worknd o , aror to release of for, Payment, these record documents, Sample, and Shop Drawings will be delivered to ENGINEER for OWNER .Safety and Protection 620 CONTRACTOR shall be responsible for radiating, maintaining and supervising all safety precautions and programs in connection with the Work CONTRACTOR shall mkt 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 affected by the Work, 6 20 2 all the Work and materials and equipment to be mmxporated therein, whether in storage on or off the site, and 6 20 3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures utilities and Underground Facilities not designated for removal, relocation or replacement inthe course of construction CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection CONTRACTOR shall nobly owners of adjacent property and of Underground Facilities and utdny owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property All damage, injury or loss to any property referred to in paragraphs 6 20 2 or 6 20 3 caused directly or Indirectly, in whole a in pan, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER'S Consultant cr anyone employed by any of them or anyone for whose acts any of them nmy be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them) CONTRACTOR's dunes and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER I= issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14 13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion) 621 Safety Representative CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and resporsmbdities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs Hazard Communication Programs 622 CONTRAC COR shall be responsible for coordinating any exchange of material safety data sheets or other hautrd wmmunication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations Emergencies 623 In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER is obligated to act to prevent threatened damage, injury a loss CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby If ENGINEER determines that a change in the Contract Documents is requited because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24 Shop DrawmgsandSamples 6 24 1 CONTRACTOR shall submit Shop Drawrgs to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2 9) All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requvements The data shown an the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6 26 6 24 2 CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted Schedule of Shop Drawings and Scruple submittals Each Sample will be identified clearly as to material Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the hunted 16 EJCDCOENERAL CONDITIONS 19108(1990E,huam w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) purposes required by paragraph 626 The numbers of each Sample to be submitted will be as specified in the Specifications 625 Submittal Procedures 6251 Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified 62511 all field measurements quanntea dimensions, specified performance circus Installation requuemenls materials, catalog numbers and sander information with respect thereto, 6 25 12 all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation perfuming to the performance of the Work and 62513 all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences find procedures of construction and safety precautions and programs incident thereto CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents 6 25 2 Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR'S review and approval of that submittal 6 25 3 At the time of each submission CONTRACTOR shall give ENGINEER specific written notice of such vanauons, of any, that the Shop Drawing cir Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written commumcation separate from the submittal, and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 626 ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2 9 ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval CONTRACTOR shall direct specific attention in wrung to revisions other than the corrections called for by ENGINEER on previous submittals 627 ENGiNEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the nine of submission as required by paragraph 6 25 3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval, nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6 25 1 628 Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 29, any related Wok performed poor to ENGIIVEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work 629 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15 5 or as OWNER and CONTRACTOR may otherwise agree in writing 630 CONTRACTOR's General Warranty and Gtiarantee 6 30 1 CONTRACTOR warrants and guarantees to OWNER. ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by 63011 abuse, modification or Improper maintenance a operation by persons other than CONTRACTOR, Subcontractors or Suppliers, or 63012 normal wear and tern under normal usage 6302 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute None of the following will constitute an acceptance of Work that is not in E)CDC OENERAL CONDITIONS 1910 8 (1990 Eddmn) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4a 000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents 63021 obscr% abons by ENGINEER, 63022 recommendation of any progress or final payment by ENGINEER, 63023 the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents, 63024 use o occupancy of the Work or any part thereof by OWNER, 63025 any acceptance by OWNER or any failure to do so 63026 any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 1411, 63027 any inspection, test or approval by others, or 63028 any correction of defective Work by OWNER Indemnification 631 To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEE.R's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not (muted to, all fees and charges of engineers, architects attorneys and other professionals and all avert or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage (1) is attributable to bodrha injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (u) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organisation directly or indirectly employed by any of them to perform or funush any of the Work or anyone for whose acts any of them may be [table, regan dless of whether or not caused Uart by any negligence or omission of a person or catty inmnified hereunder a whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity 632 In any and all claims against OWNER or ENGINEER or any of then respective consultants, agents officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization dmei tly or indirectly employed by )7 any of them to pertorm or furnish any of the Work or anyone for whose acts any of them may be liable, the mdermi fimuce, obligation under paragraph 631 shall not be limited in any way by any [Imitation on the amount or type of damages, compensation or benches payable by or - for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts 633 The indemnification obligations of CONTRACTOR under paragraph 631 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or om issions of any of them Survival ofObligahons 634 All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all commring obligations indicated in the Contract Documents, will survive futaf payment, completion and acceptance of the Work and termination or completion of the Agreement ARTICLE 7--OTITER WORK Related Work at Sile 71 OWNER may perform other work related to the Project at the site by OWNERS 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 a to be performed was not noted in the Contract Documents, then (i) written nonce thereof will be given to CONTRACTOR prior to starting any such other work and (it) CONTRACTOR may make a clam therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such perfomrance will involve additional expense to CONTRACTOR a requires additional time and the parties us unable to agree as to the amount or extent thereof 72 CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter them work with the written consent of ENGINEER and the others whose work will be affected The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable RJMC GENERAL CONDITIONS 1910E (1990 Edmmp 19 wf CITY OF FORT COLLINS MODIFICATIONS (REV 42000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors 73 If the proper execution or results of any part of CONTRACTOR'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 CONTRACTOWs 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 nom pla rent defects and deficiencies an such other work Coordtnahon 74 If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions 7 4 1 the person, Finn or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified, 742 the specific matters to be covered by such authority andresponsibility will be iterm=d, and 743 the extent of such authority and responsibilities will be pi ovided Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8--OWNER'S IIESPONSIBILITIES 81 Except as othemue provided in these General Condittons, OWNER shall issue all communications to CONTRACTOR through ENGINEER 82 In case of terminition of the employment of ENGINEER, OWNER shall appoint an engineer against whose status under the Contract Documents shall be that of the former ENGINEFR 83 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14 4 and 14 13 94 OWNER's duties in respect of providing lands and easements and providing engmeereg surveys to establish reference poets me set forth in paragraphs 41 and 44 Paragraph 42 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorabons and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents 8 5 OWNER'sresponsilrtlttnes-m-respaet-of-purc#tasmg and-mamtauuag-aiabrhty-and-prop vanar-arv-Sit forth rrrparaephs-S-S-t}vough3-FB 86 OWNER is obligated to execute Chdnge Orders as indicated in paragraph 10 4 87 OWNER'S responsibility in iespect of certain inspections, tests and approvals is set forth In paragraph 13 4 8 8 In connection with OWNER'S Tight 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, techniques, sequences or procedures of construction or the safety precautions and Programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the fumishurg or performance of the Work OWNER will not be responsible for CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents IN NOONAN!&— mi�emenEs-kflve—beea--men ;--t��y—o-,.,. ER's �ebhge6ons--nrnlerAsPeGt thereof wd umem�-9V>#ERy rtt-r®speet thereef-will '�� - • e-.•a . ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 0W7VER's Representative 91 ENGINEER will be OWNER's Iepresentative during the construction period The dunes and responsibilities and the limitations of authority of ENGINEER as OWNER'S representative during construction are set forth in the Contract Documents and shall not be emended without written consent of OWNER and ENGINEER ktsits to site 92 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EXI)C OENERAL CONDITIONS 1910 a (1990 Emnoa) w/ MY OF FORT COLLINS MODIFICATIONS (REV 412000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Coma act Documents ENGINEER will not be required to ma} e exhaustive or continuous on - Site Inspections to check the quality or quantity of the Work ENGINEER's efforts will be duetted toward providing for OWNER a g-eater degree of confidence that the completed Work will conform generally to the Contract Documents On the basis of such visits and on. site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work ENGINEERS visits and on -site observations are subject to all the lunnatiom on ENGINEU.'s authority and responsibility set forth in paragraph 9 15, and particularly, but without Imitation, during m as a result of ENGINEER'S on -site visits or observations of CONTRACTOR'S Work ENGINEER will not sufarvese, direct, control or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedure, of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the fmmshmg or performance of the Work Pro/eat Representative 93 If OWNER and ENGINEER agree, ENGINfR will farrash a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9 3 and 913 Eendrttpna of these General Conditions If OWNER designates another representative or agent to represent OWNER at the site who its not ENGINEER'S Consultant, agent or employee, the responsibilities and authority and Imitations thereon of Such other person will be as 931 The Representative's dealings in matters pertarmng to the onsrte work will i„ general be with Me ENGINEER and CONTRACTOR But the Rep[esenta[ve will keep the OWNER once ]v advised about such matters The Representative's clealmes with subcontractors will only be through or with the full knowhzIM and approval of the CONTRACTOR 93 2 Duties and ReSponsrbilities Representative will 9 3 2 1 Schedules - Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning accentabihty 9 3 2 2 Conferences and Me„ trig - Attend meeting wuh the CONTRACTOR such as precomtructlon conferences, progress meetings and other Iob conferences and prepare and circulate copies of minutes of meetings 9 3 2 3 Liaison 93231 Serve as -GINEER'S liaison with CONTRACTO worknle prmcinally through CONTRACTOR'S su�o assist the CONTRACTOR in understandnlg the Contract Documents 93232 kgtst m obmmmc from OWNER additional details or mformahon when requira for proper execution of the Work 93233 Advise (he ENGINEER and CONTRACTOR of the commencement of any Work requlrme a Shy Prawing_or sample submission if the submission has raft been approved by the ENGINEER 9 3 2 4 Review of Work- Resection of Defective Work Inspections and Tests - 9 3 2 4 1 Conduct on -site observations of the Work in progress to assist the ENGINEER in detennn ing that the Work is ixoceedmg in accordance with the Contract Documents 93243 Accompany visiting msnectors representing public a other agencies having JmtShcchWi over the Project, record [he results of these inspections and report to the ENGINEER 9 3 2 5 Interpretation of Contract Documents Report to ENGINEER when clarifications and interpretations of the Contract Documents ate needed and transmit to CONTRACTOR clmification and interpretation of the Contract Documents as issued by the ENGINEER 9326 Modifications Consider and evaluate CONTRACTOR'S suggestions for 20 EfCDC GENERAL CONDMOM 191os (1990 Edniwp w/CITY OP FORT COLLINSMODIFICATIONS(R V412000) modification in Drawings or Specifications and report these recommendations to ENCINEFR Accurately transmit to CONTRACTOR dem> ions Issued by the ENGINEER 9 3 2 7 Records 93 2 8 Reports 93291 11rmsh ENGINEER periodic reports. as ralumed, of the progress of the Work and of the CONTRACTOR'S comnhance with the progress schedule and schedule of top Drawing and sample submittals 93282 Consult with ENGINEER in advance of scheduling major t stets inspections or start of important phases of the Work 9 3 2 8 3 Ikaft proposed Change Orders and Work 1)tractive Chances, obtammg backup material from the CONTRACTOR and recommend to ENGINEER Change Orders Work Directive Changes and field orders 9 3 2 8 4 Report Immediately to ENGINEER and OWNER the occurrence of M accident 9329 Payment Requests Review applications for pavmerit with CONTRACTOR for comphanoe with the estabhshe�rocedure for their submission and forward with recommendation to 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"" 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 lob 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 ENGINEER noting particularly the relationsht_p of the payment requested to the schedule of values work completed and materials and equipment delivered at the site but not moo ate in the Work 9 3 2 10 Completion 93210 1 Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a her of observed items requnmg correction or completion 932102 Conduct final inspection in the company of the ENGINEER OWNER and CONTRACTOR and rip_epare a final list of items to be conected or completed 932103 Observe that all items on the final list have been corrected or completed andand make recommendations to ENGINEER qmn i rang acepgnce 933 Limitation of Authority The Representative shall not 9 3 3 1 Authorize any deviations from the Contract Documents or accent any substitute ENGINEER. mmenals or eourpment unless authorized by the 9332 Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents 9333 Undertake ariv of the restionsubilifies of the ONTRACTOR. Subcontractors, or CONTRACTOR'S superintendent. 9334 Advise on or issue directions relative to, or assume control over any aspect of the means methods, techniques, secnrences or procedures for construction unless such is specifically called for in the Contract Documents 9335 Advise on or issue directions re¢ardina or assume central over safery precautions and programs m connections with the Work 9 3 3 6 Accept Shoo Drawm rs or sample submittals from anyone other than the CONTRACI OR 9337 Authorize OWNER to occupy the Work in whole or art part 9338 Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the ENGINEER Cfanfications and Interpretations 94 ENGINEER will issue with reasonable promptness such written clarifications a mterpretations of the EJCDC GENERAL C ONDITIONS 19103 (1990 CNnm) W CITY OF FORT COLLINS MODIFICATIONS (REV 4n000) requirements of the Contract Documents (in the form of Drawings or otherwse) as FNGINEF.R may determine necessary, which shall be consistent with the mtent of rind reasonably inferable from the Contract Documents Such written clarifications and mlerpretahons will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price in the Contract Times and the parties are unable to agree to the amount or extent thereof if any, OWNER or CONIRACTOR may make a written claun therefor as provided to Article 11 or FVticle 12 Authorized Variations in We,k 95 ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an ad,Iusdnent in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a furichomng whole as indicated by the Contract Documents These may be iccomplshed by a Field Order and will be bmdmg 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 T mies and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written clam therefor as provided m Article 1 I or 12 Rejecting Defective Work 96 ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be Dfective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents a that will prejudice the mtegrty of the design concept of the completed project as a functioning whole as indicated by the Contract Documents ENGINEER will also have authority to requme special inspection or testing of the Work as provided in paragraph 13 9, whether or not the Work is fabricated, uvstalled or completed Shay Drawings, Change Order s and Payments 97 In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6 24 through 6 28 mcluswe 98 In connection with ENGINEFR's authority as to Change Orders, see Articles 10, 11, and 12 99 In connection with FNGINEER's authority as to Applications for Payment, see Article 14 Determinations for Unit Races 9 10 ENGINEER will detemmne the actual quantities and classifications of Unit Price Work performed by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEFR's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise) ENGINEER's written decision dreleon will be final and binding upon OWNER and CONTRACTOR, unless, wiun ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINLER written notice of intention to appeal from ENGINEER's decision and (I) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (u) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is Instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unfess otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9 11 Decimons on Disputes 911 ENGINEER will be the initial Interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and clans under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER to writing with a request for a formal decision in accordance with this paragraph Written notice of each such clamp, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and Wuhan supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute orother matter The opposing party shell submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time) ENGINEER will render a formal decision in witting within thirty days after receipt of the opposing patty's submittal, if any, in accordance with this paragraph ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless (I) an appeal from ENGINEER's decision Is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, a (it) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal Proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such ErCDC GI NERAL CONDITIONS 1910 a (1990 F loon) 22 w/ CITY Or FORT COLLINS MODIFICATIONS (REV 42000) decision, unless otherwise agreed in witting by OWNER and CONTRACTOR 912 When functioning as interpreter and judge under paragraphs910 and 911 ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered to good faith in such capacity The rendering of a decision by ENGINEER pursuant to paragraphs 9 10 or 911 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14 15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter-pumutrat-toArlielo-46 913 Limitations on ENGINEER's Authority unit Responmbthnes 9 13 1 Neither ENGINEER'S authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking exercise or performance of any authority or responsibility by ENGINEER shell create, Impose or give rise to any duty owed by ENGINEER to CONTRACTOR any Subcontractor, any Supplier any other person or organization, or to any surety for or employee or agent of any of them 9 13 2 ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's meta s, methods techniques, sequences or procedure, of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work ENGINEER will not be responsible for CONTRACTOR'S failure to perform or famish the Work in accordance with the Contract Documents 9 13 3 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work 9 13 4 ENGINEER's review of the final Application for payment and accompanying documentation and all maintenance and operating rnstrucuons, schedules, guarantees. Bonds and i ertificates of inspection, tests and approvals and other documentation required to he delivered by paragraph 14 12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of Inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents 913 5 The limitations upon authority, and responsibility set forth in this paragraph 9 13 shall also apply to ENGINF,FR's Consultants, Resident Project Representative and assistants AR CICLE 10—CHANGES IN THE WORK 101 Without invalidating the Agreement and without notice to any surely, OWNER may, at any time or from tune to tune, order additions, deletions or revisions in the Work Such additions, deletions or revisions will be authorised by a Written Amendment, a Change Order, a 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 If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Duechve, a clam may be made therefor as provided it Article 11 or Article 12 103 CONTRACTOR 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 CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering 1041 changes in the Work which are (I) ordered by OWNER pursuant to paaagraph 10 1, (n) required because of acceptance of defective Work under paragraph 13 13 or correcting defective Work under paragraph 13 14, or (m) agreed to by the parties, 1042 changes in the Contract Price a Contract Times which are agreed to by the parties, and 1043 changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to Paragraph 9 11, provided that, m lieu of executing any such Change Order, Gin appeal may be taken f7om any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6 29 105 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EICDCOLTIERAL CONDITIONS 1910 8 (1990 ENtan) w/ CITY OF FORT COLLINS N40DMCATIONS REV VMS) (including, but not Imnled in, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accorrhngly ARTICLE 11—CHANGE OF CONTRACT PRICE If I The Contract Pnce constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work All duties, responsibilities and obhgations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price 112 The Contract Price may only be changed by a Change Order or by a Written Amendment Any clam for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claun Notice of the amount of the claim with supporting data shall be delivered within suety days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the clam) and shall be accormpamed by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determmd by ENGINEER in accordance with paragraph 9 11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved No clam for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 112 113 The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows 113 1 where the Wort involved is covered by unit pnom contained In the Contract Docmnents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11 9 1 through 1 l 9 3, inclusive), 11 32 where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including Imup sum (which may Include an allowance for overhead and profit not necessarily in accordance with paragraph 11 62), 11 3 3 where the Work involved is not covered by unit prices contained in the Contact Documents and agreement to a lump sum is not reached under paragraph t 1 3 2, on the basis of the Cost of the Work (determined as provided in paragraphs 114 and 115) plus a CONTRACTOR's fee for overhead and profit (detemimed as provided m pamgraplr I l 6) Cost of the Work 114 The term Cost of the Work means the sum of all costs necessarily mcuned and paid by CONTRAC fOR in the proper performance of the Work Except as otherwise may be agreed to m writing by OWNER such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11 5 114 1 Payroll costs for employees the direct employ of CONTRACTOR m CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site Payroll costs for employees not employed full -tune on the Work shall be appomoned on the basis of their time spent on the Work Payroll costs shall mclude, kutriet be limited to- salanes and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation health and -retirement benefits; bonuses, srel4n .�+a.attonand -4ieliday-pay applicable thereto The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included to the above to the extent authorized by OWNER 11 42 Cost of all materials and equipment furnished and incorporated m the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained 1143 Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors It required by OWNER 24 EJCDC OENbRAL CONDITIONS 191"(1990 Edam) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4n000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which buds, if any will be accepted If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee the Subcontractors Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of (he Work and fee as provided m paragraphs 114, 115, 11 6 and 11 7 All subcontracts shall be subject to the other provisions of the Contract Document n uisofar as applicable 1144 Costs of special consultants (including but not funned to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for service° specifically related to the Work 114 5 Supplemental costs including the following 11451 The proportion of necessary transportation trawl and subsistence expenses of CONTRACPOR's employees mcumed in discharge of duties, corrected with the Work 11452 Cost, including trarispoOration and maintenan ce, of al] materials, supplies, equipment, machinery, apphances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11453 Rentals of all construction equipment and ma(hancry and the pans therout whetheriented from CONTRACTOR or others in accordance with revital agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loadmg, unloading, mstallanon drsmamdrng and removal thereof —all in accordance with terms of said rental agreements The rental of any such equipment, machinery or part,: shall cease when the use thereof is no longer necessary for the Work 11454 Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, unposed by Laws and Regulations 11455 Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or Indirectly employed by my of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses 11456 Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise sustained by CONTRACTOR in connection with the performance and fumislung of the Work (except Josses and damages within the deductible amounts of property mmmince established by OWNER in accordance with paragraph 5 9), provided they have resulted from causes other than die negligence of CONTRACTOR any SubLonnaUor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACI OR's fee IC however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 1162 114 57 The cost of utilities, fuel and sanitary facilities at the site 11458 Manor expenses such as telegrams, long distance telephone calls, telephone service at the site expressage and similar petty cash items in connection with the Work 11459 Cost of premiums for additional Bonds and insurance required because of changes in the Work 115 The term Cost of the Weak shall not include any of the following 1151 Payroll costs and other compensation of CONTRACT OWs officers, executives, principals (of partnership and sole proprietomhrps), general managers, engineers, architects, estimators attorneys auditors, accountants, purchasing and contracting agents, expediters, tmiekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of lob classifications referred to in paragraph 114 1 or specifically covered by paragraph 114 4—all of which are to be considered administrative costs covered by the CONTRACTOR's fee 1152 Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site 1153 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments 115 4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11 4 5 9 above) EJCDC GENERAL CONDITI ONS 1910 8 (1990 Edihm) W1 CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 115 5 Costs due to the negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the conectron of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property 11 56 Other methead or general expense costs of any kmd and the costs of any item not specifically and expressly included an paragraph 114 116 The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows 116 1 a mutually acceptable fixed fee, or 11 62 if a fixed fee is not agreed upon, then a lee based on the followml; percentages of the various portions of the Cast of the Work 11621 for costs incurred under paragraphs 1141 and 1142, the CON1 RACTOR's tee shall be fifteen peri,ent, 1 l 6 2 2 for costs incurred under paragraph 114 3 the CONTRACTOR's fee shall be five percent, 11623 where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no Mixed fee is agreed upon, the intent of paragraphs 114 1, 114 2, 114 3 and 116 2 is that the Subcontractor who actually performs ea furnishes the Work, at whatever her, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11 41 and 114 2 and that any higher her Subcontractor and CONTRACTOR will each be paid a fee-a€�irap the-next{ewer-aer SubeentraetoF to be negotiated in good faith with tie 01 N but not to exceed five percent of the amount paid to the next lower tier Subcontractor 11624 no fee shall be payable on the basis of costs itemized under paragraphs 114 4, 114 5 and 11 5, 11625 the am aunt of credit to be allowed by CONIRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease, and 116 2 6 when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's tee shall be computed on the basis of the net change in accordance with paragraphs 11 62 1 through 11625, inclusive 117 Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 114 and 11 5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting pmctmes and submit in form acceptable to ENGINEER an item rzed cost bi eakdown together with supporting data Cash ,411mances 11 8 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Week so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that 1181 the allowances include the cost to CONTRACTOR (less any applicable trade drscounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes, and 1182 CONTRACTORS casts for unfoadmg and handling on the site labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contmet Price shall be correspondingly adjusted 119 Und Pnce Work. 11 91 Where the Contract Documents provide that all or part of die Work is to be Unit Price Work initially the Contract price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately Identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price Determinations of the actual quantities and classifications of Umt Pnce Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9 10 119 2 Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTORS overhead and profit for each separately identified item 1193 OWNER or CONTRACTOR may make a dame for an adjustment in the Contract Price in accordance with Article 11 if 11931 the quantity of any item of Unit P[Ine Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated m the Agreement 26 EJCDC GENERAL CONDITIONS 19104 (1990 EMim) w/ CITY OF FORT COLLINB MODIFICATIONS (REV 42000) and 11932 there r, no corresponding adjustment with respect to any other item of Work, and 11933 if CONTRACTOR believes that CONTRACTOR r, entitled to an increase in Contract Rice as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Rice and the parties are unable to agree as to the amount of any such increase or decrease 11234 CONTRACTOR acknowleclQes that the OWNER has the rght to add or delete items m the Did or ehanee quantities at OWNER'S sole dtsaehon tnihout affectm¢, the Contract Pnce of any remain no item so long as the deletion or addition does not txceed twenty-five percent of the original total Contract Rice ARTICLE 12--CHANGE OF CONTRACT TIMES 121 The Contract Traci (or Milestones) may only be changed by a Change Order or a Written Amendment Any alarm for an a ustment of the Contract Tunes (a Milestones) shall be Eased on written notice delivered by the party making the clean to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving nse to the claim and swung the general nature of the clam Notice of the extent of the clean anth supporting data shall be dchvered within sixty days after such occunence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimants written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it s entitled as a result of the occurrence of said event All clams for adjustment in the Contract Times (or Milestones) shall be detenumed by ENGINEER in accordance with paragraph 9 11 if OWNER and CONTRACTOR cannot otherwtse agree No clamp for an adjustment in the Contract Tunes (or Mlestones) will be valid if not submitted in accordance with the requirements of Lima paragraph 12 1 122 All time hunts stated in the Contract Documents are of the essence of the Agreement 123 Where CONTRACTOR n prevented from completing any part of the Work witfun the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12 1 Delays beyond the control of CONTRACTOR shall include, but trot be limited to, acts a neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions a acts of God Delays attributable to and whthm the control of a Subcontractor or Suppher shall be deemed to be delays within the control of CONTRACTOR 124 Where CONTRACTOR is prevented from completing any part of the Work within the Contact I roes (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or tvhlestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay In no event shall OWNER be liable to CONTRACTOR, any Subcontractor any Supplier, any other person or organization, or to any surely for or employee or agent of any of them, for damages ansing out of or resulting from (i) delays caused by a within the control of the CONTRACTOR, or (u) delays beyond the control of both parties including but not )united to, Fires, floods, epidemics, abnormal weather conditions, acts of God a acts or neglect by utility owners or other contractors perforating other work as contemplated- -by Article 7 ARTICLE 13--TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 131 Notice of Defects Prompt nonce of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACIOR All defective Work may be rejected corrected or accepted as provided in this Article 13 Access to Work 132 OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable —braes for their observation, inspecting and testing CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable Testsmtdlnspeetions 133 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests a approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests 13 4 OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspecnons, tests, or approvals required by the Contract Documents except 1341 for mspectons, tests or approvals covered by paragraph 13 5 below, 1342 that costs meurred in connection with tests or inspections conducted pursuant to paragraph 13 9 EICDC GDNERAL CONDITIONS 1910 8 (1990 sdmm) n4CITY OF FORT LOLLIES MODIFICATIONS (REV 42000) below shall be paid as provided in said paragraph 13 9, and 1343 as otherwise specifically provided in the Conti act Documents 135 If Laws or Regulations of any public body having jurisdiction require any Work (or part thereoo specifically to be Inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any urpectonS tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for approval prior to CONTRACIOR's purchase thereof for mcorpomnon in the Work 136 If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation 137 Uncovering Work as provided in paragraph 13 6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely nonce of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice Uncovering Work 138 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced atCONTRACTOR's expense 139 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or othervaw make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment if it is found that such Work is defective, CONTRACTOR shall pay all claim, costs, losses and damages caused by, wising out of or resulting from such uncovering exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others), and OWNER shall be entitled to an appropriate decrease in the Contract Price, end if the parties are unable to agree as to the amount thereof, may make a clams therefor as provided in Article 11 If, however, such Work is not found to be defective, CONTRACTOR,,hall be allowed an mirease in the Contract Rice or an extension of the Contract Times (a Milestones), or both, directly attributable to such 27 uncovering exposure, observation, mspectroa, testing, replacement and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles I I and 12 OWNER Afay bYop the Work 1310 If the Work is defechve, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fadsyc &finish ar perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thenof, until (he cause for such order has been eliminated, however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this tight for the benefit of CONTRACTOR or any surety or other party Correction or Removal ofDefeehve Work. 13 11 If required by ENGINEER, CONTRACTOR shall promptly, as drrected, either correct all defective Work, whether or not fabricated, installed a completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others) 13 12 Correction Period 13 12 1 If within one-yeiw two year after the date of Substantial Completion or such longer period of tune as may be prescribed by Laws or Regulations or by the teats of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions (I) correct such detective Work or if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (it) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom It CONTRACTOR does not promptly comply with the terms of such instructions, or m an emergency where delay would cause serious risk of loss a damage, OWNER may have the defechve Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting From such removal and replacement (including but not turned to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 131221n special circumstances where a particular item of equipment a placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date it so provided in the Specifications or by Written Am endrment 13 12 3 Where defective Work (and damage to other EJCDCOLNCR4 CONDITIONS 1910-8(1990 Edam) 28 WCITY01 FORT COLLINS MODIFICATIONS (REV 42000) Work resulting therefrom) has been corrected removed or replaced under this paragraph 13 12, the correction period hereunder with respect to such Work will be extended for an additional period of cite -year two years after such correction or removal and replacement has been sausfacbrily completed Acceptance of Defective Work 13 13 It, instead of requiring correction or removal and replacement of defechve Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so CONTRACTOR shall pay all clams, costs, losses and damages attributable to OWNER's evaluation of and delermmation to accept such defechve Work (such costs to be approved by ENGINEER as to reasonableness) If any such acceptance occurs prior to ENGINEER'S recommendation of final payment a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parbes are unable to agree as to the amount thereof, OWNER may make a clams therefor as provided in Article 11 If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER OWNER May Correct Defective Work 13 14 If CONTRACTOR fails within a reasonable tune after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13 11, or if CONTRACTOR fads to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fads to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR correct and remedy arty such deficiency In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and mcorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other corniAm and ENGINEER and ENGINEERS Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All clans, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be Issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article i l Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work CONTRACTOR shall not be allowed an extension of the Contract Tames (or Ivhlestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's tights and remedies hereunder ARTICLE 14--PAYMENTS 10 CONTRACTOR AND COMPLETION Schedule of Values 141 The schedule of values established as provided in paragraph 2 9 will serve as the basis for progress payments and will be incorporated into a fort of Application for Payment atxepl able to ENGINEER Progress payments on account of Unit Price Work will be based on the number of units completed Application for ProgressPaymenl 14 2 At least twenty days before the date established far each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review anApphcation for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents If payment is requested on the basis of materials and equipment net incorporated in the Work but delivered and suttably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompaied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that ttu materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER The amount of retamage with respect to progress payments will be as stipulated in the Agreemenfinds t Any that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with sewrines at any arrangements involving an escrow Or custodianship 13y executing the application for payment Kim the CONTRACTOR expressly waives his naht to the benefits of Colorado Revised Statutes- Section 24-91-101. or sea COATRACTOR's lParranly of Title 14 3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project car not will pass to OWNER no later than the none of payment Gee and clear of all Liens Revtea, of Applicaftons for Progress Payment 14 4 ENGINEER will, within ten days alter rmeipt of each Application for Payment, either indicate in writing a E1CDC GENERAL CONDITIONS 39104 (1990 EdmuQ W CITY OF FORT COLLINS N40DIFICATIONS (REV 412000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGtNF,ER's reasons for refusing to recommend payment In the latter case CONTRACTOR may make the necessary corrections and resubmit the Application ren days after presentation of the Application for Payment R OWNER with ENGINEER'& recommendation, th, amount recommended will (subject to the provisions of the last sentence of paragraph 14 7) become due and whin due will be paid by OWNER to CONTRACTOR 14 5 ENGINEER's recommendation of any payment requested in an Apphcanon for Payment will constitute a representation by ENGINEER to OWNER, based tin ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompayuig data and schedules, that to the best of ENGINEER's knowledge, information and belief 14 5 1 the Work tots 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 Completion, to the results of any subsequent tests called for m the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9 10. and to any other qualifications stated in the recommendation) and 14 5 3 the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it its ENGINEER's responsibility to observe the Work However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that (i)exhaustive or continuous on -site inspections have been made to check the quality a the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (u) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 146 ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or foi any fadue of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents 147 ENGINEER may refuse to recommend the whole or any pat of any payment if, in LNGINEER's opinion, it would be incorrect to make the representations to 29 OWNER refen ed to in paragraph 14 5 ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of Subsequent Inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in FNGINEER's opinion to protect OWNER from loss because 147 1 the Work is defective, or completed Work has been damaged requamg correction or replacement, 1472 the Contract Price has been reduced by Written Amendment or Change Order, 1473 OWNER has been required w correct defective Work or complete Work in accordance with paragraph 13 14, or 1474 ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15 2 1 through 15 2 4 inclusive OWNER may refuse to make payment of the full amount recommended by ENGINEER because 147 5 claims have been made against OWNER on account of CONTRACTOR's performance ce futmslmng of the Work 1476 Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 1477 there are other items entitling OWNER fox set- off against the amount recommended, or 1478 OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14 7 1 through 14 7 3 or paragraphs 15 21 through 15 2 S inclusive, but OWNER inust give CONTRACTOR Immediate written notice (with a copy to ENGINEER) slating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNEWs satisfaction the reasons for such action Substantial Completion 148 When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire or is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion If ENGINEER doe:, not consider the Work substantially complete, ENGINEER will notify CONTRACTOR m writing giving the reasons therefor If ENGINEER 30 FJCDC GENfiRAL CONDITIONS 1910-8 (1990 ENeoa) w/CITYOI FORT COLLINS MODIFICATIONS (REV 4h000) considers the Work 3ubstarmally 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 correctedbeforefrnalpayment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list If, after considering such objection, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons dicrefcs If, alter consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER beheves justified after consideration of any objections from OWNER At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety maintenance, heat, utilities, Insurance and warranties and guarantees Unless OWNER and CONTRACTOR agree otherwise in writing and so Interim ENGINEER in writing; prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid reCOMMendation will be binding on OWNER and CONTRACTOR until final payment 149 OWNER shall hive the rtgu to exclude CONTRACTOR from the Work after the date of Substantial Completion but OWNER shill allow CONTRACTOR reasonable access to complete or correct Items on the tentative list Partial Uhbzation 1410 Use by OWNER at OWNER's option of any substantially completed part of the Work, which (i) has specifically been identified in the Contract Documents, or (a) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant Interference with CONTRACfOR's performance of the remainder of tie Work, may be accomplished prior to Substantial Completion of all the Work subject to the following 14101 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR wilt certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work